20170322 AAAfter Action March 22, 2017 City of Miami Beach
Presentation & Awards Commission Meeting
Commission Meeting (Presentations & Awards)
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
March 22, 2017 - 4:00 p.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 Office of the City Clerk prior to engaging
in any lobbying activity with the City Commission, any City Board or Committee, or any
personnel as defined in the subject Code sections. Copies of the City Code sections on
lobbyists laws are available in the Office of the City Clerk. Questions regarding the
provisions of the Ordinance should be directed to the Office of the City Attorney.
To request this material in alternate format, sign language interpreter (five-day notice required),
information on access for persons with disabilities, and/or any accommodation to review any
document or participate in any city-sponsored proceedings, call 305.604.2489 and select 1 for
English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). In
order to ensure adequate public consideration, if necessary, the Mayor and City Commission
may move any agenda item to an alternate meeting. In addition, the Mayor and City
Commission may, at their discretion, adjourn the Commission Meeting without reaching all
agenda items.
AGENDA
Meeting called to order at 4:05:00 p.m.
Pledge of allegiance led by Captain Paul Acosta.
City Clerk’s Note:
Pursuant to Ordinance 2015-3954, Sec. 2-12(3), addendum agenda items C4 D and C4 H have
been approved by Mayor Levine to be placed on the Commission Agenda. No additional vote is
required.
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After Action March 22, 2017 City of Miami Beach
Presentation & Awards Commission Meeting
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.
4:06:21 p.m.
Rafael E. Granado, City Clerk, announced and read into the record the following deferrals,
withdrawals and opened and continued items:
ADDENDUM MATERIAL 1:
C4 D
ADDENDUM MATERIAL 2:
C7 H
SUPPLEMENTAL MATERIAL 1:
R7 A Memorandum & Resolutions
ITEM OPENED AND CONTINUED TO APRIL 26, 2017
R5 A
DEFERRALS TO APRIL 26, 2017
PA 8 PA 14
C7 E R5 B
R9 B R9 C
R9 D R9 F
WITHDRAWALS:
C4 A
Presentations and Awards
5:17:52 p.m.
PA 1 RECOGNITION OF ALBERTO M. CARVALHO, MIAMI-DADE SUPERINTENDENT OF
SCHOOLS, FOR HIS EFFORT AND DECISION ON TRANSGENDER BATHROOM(S).
Vice-Mayor Kristen Rosen Gonzalez
ACTION: Certificate of Recognition presented. Mayor Levine is honored to introduce Superintendent Alberto M. Carvalho.
Vice-Mayor Rosen Gonzalez explained that at the end of February, one of the first Executive Orders issued by the current Presidential Administration could have hurt Miami Beach children, and it came in the form of transgender bathrooms in schools. The order lifted Federal guidelines that allow transgender students the option to use public school bathrooms and locker rooms that match their chosen gender identities, and this could result in terrible bullying. Mr. Carvalho, shortly after that Executive Order, said that Miami-Dade County Public Schools would continue to serve, protect and honor dignity
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After Action March 22, 2017 City of Miami Beach
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and the humanity of all children, including LGBTQ transgender children. Following that Order, another Executive Order came down the pipeline about immigration on public school grounds, and this time Mr. Carvalho responded to the powers - “over my dead body will any Federal entity enter our schools to take immigration actions against our children.” This required courage, strength and conviction to stand up for the children. The City of Miami Beach values human rights, and has adopted legislation supporting equality of race and gender. She read the Proclamation into the record: “On behalf of the Mayor and Commission of the City of Miami Beach, we are proud to recognize Alberto M. Carvalho for his civic involvement and service to our community as a Superintendent of Miami-Dade County Public Schools since September of 2008. He is a nationally recognized expert on education transformation leading M-DCPS to become one of the nation’s highest-performing urban school systems receiving system wide accreditation from AdvanceEd in 2014. The District has also been named as the 2014 College Board Advanced Placement Equity and Excellence District of the Year, as well as 2012 winner of the Board Prize for Urban Education. As a staunch believer in school choice, he has expanded choice options to include 535 programs in fine and performing arts, biotechnology, engineering, robotics, aviation, forensic sciences, and many others. Mr. Carvalho recently fought to keep protections in place for transgender students in spite of a change of Federal policy. Mr. Carvalho responded to the Federal Executive Order by stating, ‘We will continue to serve, protect and honor the dignity and the humanity of all children, including LGBTQ transgender children.’ He has vowed that his District will not allow students to be pushed back into a dark corner of fear or intimidation of
discrimination. We proudly thank you for your persistence, and accomplishment of the passing on Transgender Bathrooms in Miami-Dade County Public Schools. The City of Miami Beach commends you today, March 22, 2017.”
Alberto M. Carvalho, Miami-Dade County Superintendent of Schools, appreciates the comments made, on behalf of the people he represents; 52,000 feeder patterns and 22,000 teachers, who valiantly create tomorrow’s workforce and ensure democracy in
our community and across the country. He accepted the recognition on behalf of the individuals who have paid a higher price, as they endure often criticism and persecution, just for being who they are. He listened to the City Commission’s comments, and they
recognized that the LGBTQ community, from transgender kids to adults, whether talking about individuals who are criticized or persecuted on the basis of immigration status or religion, is unacceptable. This is not the time to opt for silence as a retreat option in light of these threats of abuses. This was an easy thing for him to do, because it is self-evident as being the right thing to do, they shall not allow in the school system any of their children to retreat into the dark corner of persecution, humiliation, bullying or denial of happiness, just for being who they are. He thanked the City Commission for the recognition, which belongs to the people of Miami-Dade, and assured them that as long as he is Superintendent, they will fight for all children at all levels, for parents and for those teachers who inspire and teach them every single day. That is their mandate, and he would not know how to do it any other way. He accepted the Certificate on their behalf, in addition to the 365,000 students who wake up every day looking for hope and opportunities.
5:32:19 p.m.
PA 2 PROCLAMATION DECLARING APRIL 2017 AS AUTISM AWARENESS MONTH.
Commissioner Michael Grieco
ACTION: Proclamation presented.
Commissioner Grieco read the proclamation into the record, which he will present to
the University of Miami during the Autism Surfcamp: “WHEREAS, Autism, the fastest
growing developmental disability in the United States, affecting more than three million
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Presentation & Awards Commission Meeting
people, is an urgent public health crisis that demands a national response; and,
WHEREAS, Autism is the result of a neurological disorder that affects the normal
functioning of the human brain, and can affect anyone, regardless of race, ethnicity,
gender, or socioeconomic background; and, WHEREAS Symptoms and characteristics
of autism may present themselves in a variety of combinations and can result in
significant lifelong impairment of an individual’s ability to learn, develop healthy
interactive behaviors, and understand verbal as well as nonverbal communication; and,
WHEREAS , The effort to address autism continues, doctors, therapists, and educators
can help persons with autism overcome or adjust to its challenges and provide early,
accurate diagnosis and the resulting appropriate education, intervention, and therapy
that are vital to future growth and development; and, WHEREAS, Ensuring that
persons living with autism have access to the lifelong care and services needed to
pursue the full measure of personal happiness and achieve their greatest potential; and
WHEREAS, The City of Miami Beach is honored to take part in the annual observance
of Autism Awareness Month in the hope that it will lead to a better understanding of the
disorder and, to raise public awareness of autism and the myriad of issues surrounding
autism, as well as to increase knowledge of the programs that have been and are
being developed to support individuals with autism and their families. NOW
THEREFORE, DO WE, as Mayor and Commissioners of the City of Miami Beach,
hereby proclaim the month of April as AUTISM AWARENESS MONTH FOR 2017 in
the City of Miami Beach. The City of Miami Beach and Coral Gables have been
progressive in legislative matters that protect and recognize autism, and recognized
the support of his colleagues.
5:35:43 p.m.
PA 3 CERTIFICATE OF RECOGNITION TO BE AWARDED TO DANIEL FINGERHUT FOR
HIS DEDICATION AND CONTRIBUTIONS TO MIAMI BEACH.
Commissioner John Elizabeth Alemán
ACTION: Certificate of Recognition presented.
Commissioner Alemán read the Certificate into the record: “On behalf of the Mayor and
Commission of the City of Miami Beach, we are proud to recognize Dan Fingerhut for
his dedication and contributions to our City. Dan Fingerhut has been a committed
neighborhood activist in North Beach since he moved to the area from Saint Louis in
2013. Working from home as a recruiter has given Dan the opportunity to get involved
and volunteer his time for the betterment of the North Beach community. An avid
paddle boarder and environmentalist, Dan has picked up thousands of pounds of trash
in and around the canals of Miami Beach. On any given day, you will either find him on
his stand up paddleboard removing trash and debris from the bay or walking
throughout North Beach cleaning up the streets and mangroves. In an effort to reduce
neighborhood litter and to protect the Crab Alley waterway, Dan went so far as to
purchase and install a garbage can near Parkview Island. Dan Fingerhut is fully
devoted to making Miami Beach a clean and better place to live, and takes a proactive
approach to ensure that it happens. On various occasions, he has supported the efforts
of City staff to provide safe environments for the community. He believes in North
Beach’s potential to become a true paradise and will do anything in his power to
achieve it. Dan embodies a model resident and the Office of the Mayor and
Commission appreciate his efforts to make North Beach a safe and clean environment
in which to live, work and play!”
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After Action March 22, 2017 City of Miami Beach
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Dan Fingerhut stated that he is not far left or far right, as an environmentalist, it is just
something he does. Nobody likes seeing trash in the water or the mangroves. He lives
right by Biscayne Bay, and has noticed that there is trash everywhere in the walkway.
He takes it upon himself to pick trash up all the time. He does it for the betterment of
his community and Miami Beach.
Commissioner Alemán stated that Dan is an example for the community at large.
5:52:51 p.m.
PA 4 PROCLAMATION TO BE AWARDED TO THE PALACE FOR THEIR LEGACY AND
CONTRIBUTIONS TO THE LGBTQ COMMUNITY IN MIAMI BEACH.
Commissioner John Elizabeth Alemán
ACTION: Proclamation presented.
Commissioner Alemán introduced Tom Donald, Tiffany T. Fantasia and Noel Leon
from The Palace Bar. She stated that Commissioner Grieco and she had the honor of
attending a wonderful event there in celebration of their anniversary, but wanted to
present this Proclamation today in a formal setting. She read the Proclamation into the
record: “WHEREAS The Palace, in its 29 years of doing business as the only gay bar
on Ocean Drive, has become an iconic landmark for the Miami Beach Community; and,
WHEREAS The Palace has and continues to be a beacon of support for the LGBT
community by serving as an LGBT sanctuary and by financially supporting many
signature LGBT events in Miami Beach; and, WHEREAS The Palace is a melting pot
of all people – lesbian, gay, bisexual, transgendered, questioning and straight allies;
and, WHEREAS The Palace’s legendary drag performances have and continue to be
one of the most recognizable forms of outdoor entertainment in Miami Beach for close
to 30 years. NOW THEREFORE, DO WE, as Mayor and Commissioners of the City of
Miami Beach, hereby proclaim February 17, 2017 as The Palace Day.”
Tom Donald thanked the City Commission for their support throughout the years.
Tiffany Fantasia thanked the City Commission and stated that all of this is due to the
City Commission’s support.
5:56:29 p.m.
PA 5 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO DARA SCHOENWALD,
FOR HER ACT OF KINDNESS IN RAISING MONEY FROM 26 FRIENDS TO
SUPPORT A VALENTINE'S DAY GIFT BAG FOR EACH OF THE 130 WOMEN IN
RESIDENCE AT LOTUS HOUSE.
Commissioner Micky Steinberg
ACTION: Certificate of Recognition presented.
Commissioner Steinberg explained that the City Commission is working on different
initiatives to create a City of Kindness. They adopted a Resolution last month and now
they want to get the message across and provide incentives. The City is in the process
of getting the program off the ground, but in the interim, she found out about an act of
kindness that Dara had done, which involved gathering materials to support a
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After Action March 22, 2017 City of Miami Beach
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Valentine’s Day Gift bag for each of the 130 women and residents at Lotus House. She
thinks they should celebrate every act of kindness in the City. She presented the
Certificate with the act of kindness logo, and stated that Dara is the first recipient of this
award.
Dara Schoenwald spends most of her time working to fight for the environment. Dara
stated that it was a nice change of pace to do something with the more humanitarian
focus. She was feeling a great deal of negativity during the recent election, so it was
great to channel that into something positive. She thanked the City Commission.
5:59:19 p.m.
PA 6 PROCLAMATION TO BE PRESENTED TO PAUL TOLIUSZIS, MIAMI BEACH YOGA
GURU, FOR HIS DEDICATION AND CONTRIBUTION IN OUR COMMUNITY.
Vice-Mayor Kristen Rosen Gonzalez
ACTION: Proclamation presented.
Vice-Mayor Rosen Gonzalez introduced the item and read the Proclamation into the
record: “WHEREAS Paul Toliuszis is one of the most experienced yoga teacher
trainers in the United States. Paul began practice in 1992 and in 1998 founded the first
of three successful yoga schools in Miami Beach. Over the past 25 years of dedicated
service, Paul continues to inspire people thru his talent and skills. His exemplary
leadership and progressive initiatives have benefited yoga students at every level from
Teenagers to Senior Citizens. Equally impressive are the contributions he has made to
the Yoga Education Profession; and, WHEREAS, As a yoga teacher and co-founder of
Tropical Vinyasa in Miami Beach Paul Toliuszis led the way to the revitalization of
Beach Yoga. Under his leadership and over the past 25 years, Paul has taught well
over 12,000 yoga classes led by 40 - 200 hour professional teacher trainings and
certified over 450 teachers. Paul is known in South Florida as “The Teacher of the
Teachers.” His ability to share joyously yoga and Non-Duality with an absolute lack of
dogma and judgment has inspired countless people of all walks of life. Prior to co-
founding Tropical Vinyasa at 1825 West Avenue Paul has thought at the following
studios; Synergy at 1500 Espanola Way; Miami Yoga Shala, 210 23rd Street and
Green Monkey, 1827 Purdy Avenue. Paul we thank you for your service and
commitment to Miami Beach, and for being a community leader! NAMASTE!
WHEREAS Today, Paul Toliuszis continues to use his talents as the Yoga Guru and
Co-Founder at Tropical Vinyasa. Among his crowning achievements are his son,
Turner, and his wife Dr. Nisha Mani. NOW THEREFORE, DO We, as Mayor and
Commissioners of the City of Miami Beach, hereby proclaim March 22, 2017, Paul
Toliuszis Day.”
Paul Toliuszis thanked every individual that attended his class. He is grateful to his
family and to the City for inspiring free yoga classes. He thanked the entire City
Commission, Vice-Mayor Rosen Gonzalez and Mayor Levine for his excellent
leadership these past four years, and Namaste to everyone at Tropical Vinyasa Yoga.
He accepted this Proclamation on behalf of all yoga teachers.
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After Action March 22, 2017 City of Miami Beach
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6:07:48 p.m.
PA 7 EMPLOYEE PERFORMANCE RECOGNITION.
Office of the City Manager
ACTION: Recognition made.
Jimmy L. Morales, City Manager, explained that this is a traditional monthly recognition
of Unclassified and Classified employees who have received annual performance
evaluations that Exceed and/or Significantly Exceed Expectations for the months of
January and February. They receive a Certificate and a price award as well. He
recognized the hard work they are doing and read the names into the record:
BUILDING DEPARTMENT
CARLOS GUERRERO Exceeding Expectation
BEATRIZ DOOLEY Exceeding Expectation
SONIA PEREZ Exceeding Expectation
MILAGROS ROBAYNA Exceeding Expectation
CAPITAL IMPROVEMENT PROJECT
JOSE VELEZ Exceeding Expectation
EMERGENCY MANAGEMENT
ROSANNA REBOLLEDO Exceeding Expectation
FIRE DEPARTMENT
CARLOS ALONSO Significantly Exceeding Expectations
JOHN CARLISLE Exceeding Expectation
ROBERT ERBS II Significantly Exceeding Expectation
GIANCARLO GARCIA Exceeding Expectation
JUAN C. HERNANDEZ Exceeding Expectations
JUAN MARTINEZ Exceeding Expectation
DWIGHT NICHOLAS Exceeding Expectation
DESMOND PAGE Exceeding Expectation
CHELSEA RADIG Significantly Exceeding Expectations
DANIEL SULLIVAN Exceeding Expectation
SCOTT TODD Exceeding Expectation
MICHELLE VIERA Exceeding Expectation
HUMAN RESOURCES
MICHAEL FRITZ Exceeding Expectations
INFORMATION TECHNOLOGY
KENNETH PATTERSON Exceeding Expectations
ADRIEL ZALDUA Exceeding Expectations
LUIS ALLER Exceeding Expectations
ANTHONY NUNEZ Exceeding Expectations
GERALD CUNNINGHAM Exceeding Expectations
OFFICE OF THE CITY CLERK
RAMON QUEZADA Significantly Exceeding Expectations
DEOWAN MAHADEO Exceeding Expectations
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After Action March 22, 2017 City of Miami Beach
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PARKING DEPARTMENT
MARCEL COUSO Exceeding Expectations
PARKS & RECREATION
JANNET HARRISS Exceeding Expectations
JORGE SANCHEZ Exceeding Expectations
JOSE POSADA Exceeding Expectations
JORGE GOMEZ Significantly Exceeding Expectations
POLICE
ARIELLE GUERRIER Significantly Exceeding Expectations
DANIEL HAN Exceeding Expectations
SHERYL KUMM Significantly Exceeding Expectations
YARDEN ROSENTHAL Exceeding Expectation
ELIO SANCHEZ Exceeding Expectations
DANIEL SALEH Exceeding Expectations
PUBLIC WORKS
THERESA GAINER Exceeding Expectations
SANI TATION
MICHAEL CLARK Exceeding Expectation
TOURISM & CULTURAL DEVELOPMENT
GERALDINE TOUSSAINT Exceeding Expectation
Handouts and Reference Materials:
1. List of recipients
PA 8 PROCLAMATION RECOGNIZING APRIL 2017 AS FAIR HOUSING MONTH.
Mayor Philip Levine
ACTION: Item withdrawn.
6:10:21 p.m.
PA 9 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO ROBERT ASHENOFF, OF
BEACH TOWING, FOR SPONSORSHIP OF OUR CITY’S YOUTH.
Vice-Mayor Kristen Rosen Gonzalez
ACTION: Certificate of Recognition presented.
Vice-Mayor Rosen Gonzalez introduced the item and read the certificate into the
record: “This certificate is presented to Robert Ashenoff, of Beach Towing and
executive board member of the Miami Beach PAL, for his dedication and volunteer
work for all of Miami Beach youth. Mr. Ashenoff along with Beach Towing has been
sponsoring many different youth programs such as tutoring classes Mondays and
Thursdays from 6:15 pm-7:30 pm at North Shore Youth Center. In addition, he
sponsored a full year of afterschool care and entire summer camp for a four year old in
need at Feinberg Fisher K-8. We appreciate your hard work and effort.”
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After Action March 22, 2017 City of Miami Beach
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Mr. Ashenoff is pleased and honored to accept this award, but he will accept this on
behalf of 300 Miami Beach kids registered in the boxing program, the YDC program
and the Explorer Program. This would not be possible if he did not have a good
partner. Beach Towing and his family have given him the latitude and they never say
no. Children are his weakness; he wants them to exceed any expectation that they
might have in front of them ahead of high school; therefore, they started a Tutoring
Program to encourage students to keep a grade point average of 2.0. He also thanked
his executive director, Al Martin. They have backed him up in any program they have
implemented. He thanked the City Commission for their support to youth and
education, as education comes first.
6:16:21 p.m.
PA 10 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO THE EDWARDS FAMILY
FOR BEING RECOGNIZED AS A MIAMI-DADE COUNTY PUBLIC SCHOOLS 2016-
2017 SCHOOL FAMILY OF THE YEAR.
Commissioner Micky Steinberg
ACTION: Certificate of Recognition presented.
Commissioner Steinberg introduced the item and explained that she wanted to present
the Edwards family the certificate for being recognized as Miami-Dade County Public
Schools 2016-2017 School Family of The Year.
Beth Edwards thanked the City Commission. She is humbled and honored to stand
before this body today. She believes that a child's success stands on public education
and they have an extremely strong family. She thanked her family for their support, her
husband and two children, because they give her a hall pass to go around and try to
raise every child up in the community.
5:45:28 p.m.
PA 11 PROCLAMATION TO BE PRESENTED TO MICHAEL S. GOLDBERG, MIAMI BEACH
CHAMBER OF COMMERCE CHAIR 2013-2016.
Commissioner Joy Malakoff
ACTION: Proclamation presented.
Commissioner Malakoff stated that it is a pleasure to honor someone that is like a
member of her family. Michael’s father, Michael Goldberg, was her boss at Jefferson
National Bank many ago. She read the proclamation into the record: “WHEREAS In
2013 Michael S. Goldberg, Senior Vice President/Miami Beach Market Executive of
Gibraltar Private Bank and Trust, was installed for a two year term, then re-elected for
a third year in 2015, as Chairman of the Miami Beach Chamber of Commerce’s
(Chamber) Board of Governors. A second generation Miami Beach native, Michael’s
dedication to his community extends from his long term involvement in numerous
organizations; and WHEREAS Michael served on the Chamber’s Board of Governors
since 1993. Additionally, he served as Treasurer from 1996-2000, is an Honorary
Lifetime Trustee of the Chamber, Past-Chairman of the Pillar Board of Trustees, and a
recipient of the James J. McDonnell Outstanding Board of Governors Award; and
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After Action March 22, 2017 City of Miami Beach
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WHEREAS Under Michael’s leadership, the Chamber created outstanding programing
including the City National Bank Better Beach Awards, the Links Project, the
Technology Council, Professional Advisors Council, Health & Wellness Council, Law
Council and hosted three galas with distinction, raising thousands of dollars for public
education on Miami Beach; and WHEREAS Michael led the Chamber with
professionalism and determination advocating for many important issues that affect the
Miami Beach business community and residents of the City of Miami Beach before the
City Commission; Michael serves as Chairman for the City of Miami Beach Convention
Center Advisory Board; and WHEREAS Michael is a Founder of Mt. Sinai Medical
Center, serves on the Executive Board of the Foundation, is Chair of the Board
Services Committee and is a Past-Chairman of the Young President’s Club. Born and
raised on Miami Beach, Goldberg is a graduate of Miami Beach Senior High School.
He graduated from Florida International University with a Bachelor’s Degree in
Business Administration and major in Business Management. NOW THEREFORE, DO
WE, as Mayor and Commissioners of the City of Miami Beach, hereby proclaim March
22, 2017 as Michael S. Goldberg Day.”
Michael S. Goldberg stated that it is an honor and a satisfaction to have served the
Chamber of Commerce in this community for three years and two weeks. He gave a
brief background about his family, and thanked his father and daughter who are in the
audience. He also specifically thanked Christine, his wife, his employer Gibraltar Bank
and his staff and office team, as well as the Chamber team and Jerry Libbin for his
leadership.
6:16:21 p.m.
PA 12 PROCLAMATION TO BE PRESENTED TO LEIGH EMERSON-SMITH, FOR HER 33
YEARS OF DEDICATION AND PASSION AS AN OCEAN RESCUE EMPLOYEE
AND SUPER CITIZEN.
Mayor Philip Levine
ACTION: Proclamation presented.
Mayor Levine read the Proclamation into the record: “WHEREAS, Leigh Emerson-
Smith is a Surfrider Foundation Lifetime Member and Miami Beach Lifeguard
Lieutenant. She is well respected amongst her peers and will retire on March 29th after
33 years of dedication and passion to her community; and, WHEREAS Leigh Emerson-
Smith is known for her uncompromising work ethic, positive attitude and deep-seated
love for Miami Beach. It is common to see Leigh leave the beach with large trash bags
full of broken bottles that she collected herself. With positivity and a smile, she also
encourages patrons to clean-up after themselves and will thank them for doing so; and,
WHEREAS Leigh Emerson-Smith has worked tirelessly to keep our beaches safe and
clean for over 30 years. On her days off, she can be found volunteering at either
Surfrider Miami Beach cleanups or helping at a dune restoration project, by pulling out
the super-invasive Scaevola plants by hand; and, WHEREAS Leigh Emerson-Smith is
the example of customer service excellence. She always makes herself accessible to
the public for questions, information and first aid. Many refer to her as a “Super Citizen
and Employee”; and, NOW THEREFORE, DO I, Philip Levine as Mayor of the City of
Miami Beach, hereby proclaim March 29th, 2017 as Leigh Emerson-Smith Day.”
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After Action March 22, 2017 City of Miami Beach
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Chief Vincent Canosa stated that Leigh went above and beyond the call of duty; not
only did she pull out weeds and trash from the Oceanside, but also rescued many
people during her tenure; and this is a tribute to her, her dedication and her love for the
job and for the City and the people she works with. They will miss her.
Jimmy L. Morales, City Manager, stated that he has had the pleasure of working with
Leigh during his tenure with the City, and in his first year, Leigh invited him to come out
to the beach and see things first hand; her enthusiasm is intoxicating and she will be
sorely missed.
Ms. Emerson-Smith stated that it is a great honor to serve beach patrons, her co-
workers and the different City Commissions and City Managers she has worked for.
She added that her family has been supportive and she is beyond grateful for this
recognition.
6:24:15 p.m.
PA 13 CERTIFICATES OF COMPLETION TO BE PRESENTED TO CITY OF MIAMI BEACH
NEIGHBORHOOD LEADERSHIP ACADEMY GRADUATES FOR FALL 2016.
Office of the City Manager
ACTION: Certificates of Completion presented to the Neighborhood Leadership
Academy Graduates for the Fall 2016.
Jimmy L. Morales, City Manager, stated that one of the great programs implemented
many years ago is the Leadership Academy, where approximately 20 to 60 residents
and City community members attend a 16-week academy to gain knowledge of how the
City government works, and foster positive relations with the community, many of whom
become involved with City issues and serve on committees and groups. He recognized
the following individuals: Aaron Paschke, Cathy Mortenson, Celyta Jackson, Charles
Bennett, Cindy Pitroff, Clara La Rosa, David Guillen, Deanna Christensen, Deborah
Lake, Faye Goldin, Gloria Campos, Jeannette Campos Jimenez, Legne Lima, Leon
Borenstein, Lily Bennett, Luigi Mercurio, Mandy Souto, Manthia Baskerville, Manuel
Magaldi, Manuel Pernas, Maria Ospina, Mark Criswell, Noel Nation, Rhea Dsouza,
Sandra Otero, Sandra Stendel, Sidney Goldin, Susan Chappelle, Tamara Hannah,
Danny Cabrera and Todd Nation on their graduation.
Handout or Reference Materials:
1. Leadership Academy Graduates list – Fall 2016
PA 14 PROCLAMATION TO BE PRESENTED TO ANGELA BUXTON, FOR TRIUMPHING
OVER PREJUDICE; MS. BUXTON, OF RUSSIAN JEWISH DESCENT, ALONG WITH
ALTHEA GIBSON, AN AFRICAN AMERICAN, BOTH FOUND THEIR SPORTING
CAREERS BLIGHTED BY RACIAL DISCRIMINATION, BUT IN 1956 THEY FOUND A
WAY TO FIGHT BACK - BY JOINING FORCES AND WINNING A WIMBLEDON TITLE.
Commissioner Michael Grieco
ACTION: Item deferred to April 26, 2017.
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After Action March 22, 2017 City of Miami Beach
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NEW ITEM 5:27:55 p.m. Mayor Levine announced that the City of Miami Beach celebrates its 102 Anniversary on March 26, 2017, so they are having cupcakes and party hats to celebrate. They sang Happy Birthday and shared the cake with the audience.
CONSENT AGENDA
4:06:35 p.m.
Motion made by Commissioner Grieco; seconded by Commissioner Malakoff to approve
the Consent Agenda. Voice vote: 7-0.
C2 - Competitive Bid Reports
C2 A REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ) NO.
2017129-KB FOR ENGINEERING SERVICES FOR WATER & WASTEWATER
SYSTEMS PROJECTS.
Procurement/Public Works
ACTION: Item withdrawn.
C4 - Commission Committee Assignments
C4 A REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO
CONSIDER THE MOTION FROM THE PARKS & RECREATIONAL FACILITIES
ADVISORY BOARD REGARDING THE INCLUSION OF A ROOFTOP SEATING AREA
IN THE SCOPE OF THE NORTH SHORE PARK PROSHOP/OFFICE AREA
EXPANSION PROJECT.
Commissioner John Elizabeth Alemán
ACTION: Item withdrawn by Commissioner Alemán.
C4 B REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AN
ARRANGEMENT WITH SABRINA COHEN FOUNDATION FOR THE
CONSTRUCTION AND OPERATION OF AN ADAPTIVE FITNESS CENTER AT A
PORTION OF THE 53RD STREET PARKING LOT WITH DIRECTION TO STAFF TO
DO OUTREACH TO THE BUILDINGS IMMEDIATELY ADJACENT.
Commissioner Joy Malakoff
ACTION: Item referred. John Woodruff to place on the Committee Agenda. John
Rebar to handle.
Page 12 of 27
After Action March 22, 2017 City of Miami Beach
Presentation & Awards Commission Meeting
C4 C REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE OF A
TEMPORARY ART INSTALLATION, "ART IN MOTION" COMMUNITY PROJECT, TO
PROMOTE THE ARTWORK OF MIAMI BEACH SENIOR HIGH SCHOOL STUDENTS.
Commissioner Joy Malakoff
ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. Eva
Silverstein and Dr. Leslie Rosenfeld to handle.
C4 D REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE TO MAKE
WATERLESS URINALS THE STANDARD IN MIAMI BEACH BUILDINGS - BOTH IN
CITY OF MIAMI BEACH PROJECTS AND ALL NEW CONSTRUCTION.
Vice-Mayor Kristen Rosen Gonzalez
ACTION: Item referred. Margarita Wells to place on the Committee Agenda. David
Martinez and Mariano Fernandez to handle.
C7 - Resolutions
5:42:22 p.m.
C7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING A DONATION IN THE AMOUNT OF $10,000.00
FROM THE MIAMI BEACH EDUCATION FOUNDATION, INC., FROM PROCEEDS OF
THE 2017 MIAMI BEACH CHAMBER OF COMMERCE'S ANNUAL GOLF CLASSIC, TO
BE UTILIZED BY THE CITY OF MIAMI BEACH'S INTERNATIONAL BACCALAUREATE
(IB) EDUCATIONAL PROGRAM, AND APPROPRIATING THE $10,000.00 DONATION
TO THE CITY'S IB PROGRAM.
Organization Development Performance Initiatives
ACTION: Resolution 2017-29792 adopted. Dr. Leslie Rosenfeld to handle.
Aaron Tandy, Chair, Miami Beach Education Foundation, stated that the Chamber of
Commerce has partnered with the City to fund various programs in order to support
students and teachers. He is joined by Josh Levy to present funds for the IB program.
Josh Levy explained that the program has been in place for eight years, and they have
managed to donate $80,000 to date to the IB program. He is proud of the program and
on behalf of the Chamber; he thanked the City for their support and presented a check.
Wayne Pathman stated that this is one of the finest programs the Chamber has the
privilege to partner with the City on for the education of the children in the community,
and they want to continue doing this and appreciate the support.
Page 13 of 27
After Action March 22, 2017 City of Miami Beach
Presentation & Awards Commission Meeting
C7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, SUPPORTING SENATE BILL 1000 (SB 1000) AND HOUSE BILL
1105 (HB 1105), WHICH AMEND FLORIDA’S FIRESAFETY STANDARDS TO
PRESERVE ARCHITECTURALLY SIGNIFICANT BUILDING FEATURES.
Office of the City Attorney
Commissioner John Elizabeth Alemán
ACTION: Resolution 2017-29793 adopted. Chief Virgilio Fernandez, Marcia
Monserrat and Judy Hoanshelt to handle. Office of the City Clerk to transmit the
Resolution.
C7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, SUPPORTING FLORIDA SENATE BILL 964 (SB 964) AND
HOUSE BILL 1249 (HB 1249) CONCERNING EDUCATION ACCOUNTABILITY BY
AMENDING PROVISIONS IN THE FLORIDA STATUTES TO ELIMINATE CERTAIN
END-OF-COURSE EXAMS AND PROVIDING OTHER EDUCATION REFORMS
RELATED TO CHARTER SCHOOLS, PROMOTION AND GRADUATION
REQUIREMENTS, STANDARD HIGH SCHOOL DIPLOMA DESIGNATIONS, THE
STATEWIDE STANDARDIZED ASSESSMENT PROGRAM, REPORTS RELATING TO
STUDENT PROGRESSION AND SCHOOL IMPROVEMENT, THE SCHOOL
GRADING SYSTEM, AND PERSONNEL EVALUATIONS.
Office of the City Attorney Commissioner John Elizabeth Alemán
ACTION: Resolution 2017-29794 adopted. Dr. Leslie Rosenfeld, Marcia Monserrat
and Judy Hoanshelt to handle. Office of the City Clerk to transmit the Resolution.
C7 D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, SUPPORTING FLORIDA SENATE BILL 1682 (SB 1682) AND
HOUSE BILL 1237 (HB 1237) AMENDING FLORIDA'S CONDOMINIUM ACT BY
PROVIDING REFORMS TO PROTECT CONDOMINIUM OWNERS AND RESIDENTS. Office of the City Attorney
Commissioner John Elizabeth Alemán
ACTION: Resolution 2017-29795 adopted. Marcia Monserrat and Judy Hoanshelt to
handle. Office of the City Clerk to transmit the Resolution.
C7 E A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, SUPPORTING EFFORTS TO SEEK A COMMITMENT FROM
FLORIDA POWER & LIGHT TO DISCONTINUE THE USE OF THE COOLING CANAL
SYSTEM AT THE TURKEY POINT NUCLEAR POWER PLANT AS SOON AS
POSSIBLE.
Office of the City Attorney
Commissioner Michael Grieco
ACTION: Item deferred by Commissioner Grieco to the April 26, 2017 Commission
Agenda. Lilia Cardillo to place on the Commission Agenda, if received. Eric Carpenter
to handle.
Page 14 of 27
After Action March 22, 2017 City of Miami Beach
Presentation & Awards Commission Meeting
C7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, REQUESTING MIAMI-DADE COUNTY AND THE UNITED STATES
COAST GUARD TO TAKE IMMEDIATE STEPS, IN THE INTEREST OF THE PUBLIC
HEALTH, SAFETY, AND WELFARE, TO PREVENT FUTURE MALFUNCTIONS OF
THE EAST BASCULE BRIDGE ON THE VENETIAN CAUSEWAY OR, IN THE
ALTERNATIVE, TO PERMANENTLY CLOSE THE BRIDGE.
Office of the City Attorney
Commissioner Micky Steinberg
ACTION: Resolution 2017-29796 adopted. Jose Gonzalez to handle. Office of the
City Clerk to transmit the Resolution.
C7 G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING RESOLUTION NO. 2016-29375 TO AUTHORIZE THE
MAYOR AND CITY COMMISSION, UPON WRITTEN RECOMMENDATION OF THE
CITY MANAGER, TO WAIVE, BY 5/7TH VOTE, THE CITY’S MORATORIUM ON THE
PURCHASE BY THE CITY OF GOODS OR SERVICES SOURCED IN NORTH
CAROLINA AND MISSISSIPPI, WHENEVER ANY SUCH WAIVER MAY BE
REQUIRED FOR FEDERAL, STATE, OR MIAMI-DADE COUNTY FUNDING
ELIGIBILITY PURPOSES; AND ACCORDINGLY, WAIVING, BY 5/7TH VOTE, THE
REQUIREMENTS OF RESOLUTION NO. 2016-29375 WITH RESPECT TO ANY
PROJECTS FUNDED BY OR THROUGH THE FLORIDA DEPARTMENT OF
TRANSPORTATION.
Procurement Commissioner John Elizabeth Alemán
ACTION: Resolution 2017-29797 adopted. Alex Denis to handle.
C7 H A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE CITY’S SPONSORSHIP OF THE 2017 U.S.
CONFERENCE OF MAYORS EVENT, TO BE HELD IN THE CITY OF MIAMI BEACH
FROM JUNE 23, 2017 THROUGH JUNE 26, 2017 (THE “EVENT”); WAIVING
SPECIAL EVENT PERMIT FEES FOR THE EVENT IN THE AMOUNT NOT-TO-
EXCEED $53,000; AND FURTHER PROVIDING FUNDING IN THE AMOUNT NOT-TO-
EXCEED $100,000, TO OFFSET ESTIMATED CITY STAFFING AND BUILDING
PERMIT FEE COSTS, IF SUCH BUILDING PERMIT FEES OR OTHER COSTS
CANNOT BE WAIVED FOR THE EVENT.
Tourism, Culture and Economic Development
ACTION: Resolution 2017-29798 adopted. Eva Silverstein to handle.
Page 15 of 27
After Action March 22, 2017 City of Miami Beach
Presentation & Awards Commission Meeting
REGULAR AGENDA
R5 – Ordinances
5:12:33 p.m. R5 A ART DECO/MIMO COMMERCIAL CHARACTER AND FORMULA COMMERCIAL OVERLAY DISTRICT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED
“GENERAL PROVISIONS,” TO PROVIDE FOR DEFINITIONS FOR “CHECK CASHING
STORE,” “CONVENIENCE STORE,” “FORMULA RESTAURANT,” “FORMULA
COMMERCIAL ESTABLISHMENTS,” “MARIJUANA DISPENSARY,” “CANNABIS
DISPENSARY,” “OCCULT SCIENCE ESTABLISHMENT,” “PHARMACY,” “SOUVENIR
AND T-SHIRT SHOP,” “TATTOO STUDIO,” “MASSAGE THERAPY CENTER,” AND
RELATED DEFINITIONS; AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED
“ZONING DISTRICTS AND REGULATIONS,” AT ARTICLE III, ENTITLED "OVERLAY
DISTRICTS," TO ESTABLISH DIVISION 12, ENTITLED “ART DECO / MIMO
COMMERCIAL CHARACTER OVERLAY DISTRICT,” TO PROVIDE ADDITIONAL
REGULATIONS FOR THE AFOREMENTIONED USES, INCLUDING DISTANCE
SEPARATION REQUIREMENTS, LIMITATIONS ON NUMBER OF ESTABLISHMENTS,
AND PROHIBITIONS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
5:01 p.m. First Reading Public Hearing Planning
Continued from March 1, 2017 - R5 M Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Public Hearing held. Item opened
and continued to the April 26, 2017 Commission Agenda by acclamation, with direction
as shown below. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission
Agenda, if received. Thomas Mooney to handle.
DIRECTION:
Tattoo studios should have a separation distance of 2,500 feet;
Limit of three formula restaurants and retail establishments in the District;
Conduct a market study, and provide examples of what other municipalities have
done; and
Determine the threshold for Ocean Drive and Ocean Terrace.
Commissioner Malakoff requested tattoo studios to have a separation distance of
2,500 feet; the same as pharmacy stores, package liquor, souvenir stores, etc. In the
definition of formula restaurants, she suggested the numbers be reduced from five to
three at maximum. The same should be for formula retail establishments, because if
the number is not limited, it will open the door to too many of these types of operators.
Commissioner Arriola added that some residents have expressed concern that limiting
restaurant and retail establishments would trigger prohibition. He believes it would be
helpful to engage with expert consultants to do a market study on what other
municipalities have done. This is particularly important for Ocean Drive, as he does not
want it looking like Miami’s Bayside or “any town” strip mall. A reasonable number
needs to be agreed upon to maintain the character of Ocean Drive for the long term.
Page 16 of 27
After Action March 22, 2017 City of Miami Beach
Presentation & Awards Commission Meeting
City Manager Morales stated that this conversation has already begun with Mr.
Mooney and staff, and they are prepared to discuss with expert consultants on the
matter.
Commissioner Alemán stated that the area they are discussing is Art Deco and MiMo.
The market conditions are very different, and the maturity of the strip between Ocean
Drive and Ocean Terrace is very different. In the professional study, she wants people
to consider whether the threshold should be the same for both Districts or should it be
different.
Item opened and continued by acclamation to April 26, 2017 with suggested changes.
Handouts or Reference Materials:
1. Ad 1290 published in The Miami Herald
R5 B AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI
BEACH, ENTITLED “ALCOHOLIC BEVERAGES,” ARTICLE I, ENTITLED “IN
GENERAL,” SECTION 6-3 THEREOF, ENTITLED “HOURS OF SALE,” TO PROHIBIT
PACKAGE LIQUOR SALES BEFORE 8:00 A.M. EACH DAY AT RETAIL STORES
(INCLUDING PACKAGE, GROCERY, CONVENIENCE, AND ANY OTHER RETAIL
STORES, AS WELL AS GASOLINE STATIONS/SERVICE STATIONS) AND
ALCOHOLIC BEVERAGE ESTABLISHMENTS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
First Reading Continued from March 1, 2017 - R5 W Office of the City Attorney
Commissioner Joy Malakoff and
Co-sponsored by Commissioner Ricky Arriola
ACTION: Item deferred to April 26, 2017. Rafael E. Granado to notice. Lilia Cardillo to
place on the Commission Agenda, if received. Thomas Mooney to handle.
5:07:39 p.m.
R5 C AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH
RELATING TO THE PROCEDURES TO PROVIDE A VENDOR PREFERENCE IN THE
AWARD OF CONTRACTS FOR GOODS AND CONTRACTUAL SERVICES, TO
SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS OR STATE-
CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES, BY
AMENDING CHAPTER 2, ENTITLED, "ADMINISTRATION," BY AMENDING ARTICLE
VI, ENTITLED, "PROCUREMENT," BY AMENDING DIVISION 3, ENTITLED,
"CONTRACT PROCEDURES," BY AMENDING SECTION 2-374, ENTITLED,
"PROCEDURE TO PROVIDE PREFERENCE TO VETERANS IN CONTRACTS FOR
GOODS AND CONTRACTUAL SERVICES," BY CREATING A SUBSECTION 4
THEREOF, TO DELEGATE TO THE CITY MANAGER THE AUTHORITY TO WAIVE
THE REQUIREMENTS OF SECTION 2-374 IF THE CITY MANAGER FINDS SUCH A
WAIVER TO BE REQUIRED FOR FEDERAL, STATE OR MIAMI-DADE COUNTY
FUNDING ELIGIBILITY PURPOSES; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
First Reading Procurement
Commissioner John Elizabeth Alemán
Page 17 of 27
After Action March 22, 2017 City of Miami Beach
Presentation & Awards Commission Meeting
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 Malakoff. Ballot vote: 7-0. Second Reading Public Hearing scheduled for
April 26, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission
Agenda, if received. Alex Denis to handle.
Commissioner Alemán explained that this legislation is not intended to take anything
away from the City’s commitment to veterans nor to the procurement strategy to support
that; however, in an effort to secure the most amount of Federal, State, and County
funding, the City will have to provide the City Manager with a veteran preferences
waiver.
Kathie G. Brooks, Assistant City Manager, explained that this was brought to their
attention by the Florida Department of Transportation (FDOT) as they were moving
forward with the safe school improvements agreement. FDOT would not enter into the
agreement, because the City’s policy restricted competition by having veteran
preferences. This item provides the City Manager a limited waiver for veteran
preferences.
Commissioner Alemán stated that veteran preferences is very important to the City, but
in this case, the City needs to make sure it can receive the maximum Federal, State, and
County funding.
Vice-Mayor Rosen Gonzalez asked whether this legislation would still guarantee that the
City gets the best price.
Mayor Levine explained that this item does not deal with pricing, but if the City does not
provide the City Manager with the veteran preference waiver, the Federal Government
will not enter into the contract.
R7 – Resolutions
5:11:03 p.m.
SUPPLEMENTAL MATERIAL: MEMORANDUM & RESOLUTION
R7 A1 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 FLORIDA, INC., WITH THE GUARANTEED MAXIMUM PRICE
(GMP) IN THE AMOUNT OF $13,113,590.00; AUTHORIZING A TEN PERCENT (10%)
OWNER'S CONTINGENCY FOR THE PROJECT IN THE AMOUNT OF $1,311,359.00;
AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
DESIGN BUILD AGREEMENT WITH RIC-MAN CONSTRUCTION FLORIDA, INC.
Public Works/Procurement
Page 18 of 27
After Action March 22, 2017 City of Miami Beach
Presentation & Awards Commission Meeting
ACTION: Resolution 2017-29799 adopted. Motion made by Commissioner Arriola;
seconded by Commissioner Malakoff; Voice vote: 7-0. Eric Carpenter and Alex Denis
to handle.
Eric Carpenter, Assistant City Manager and Public Works Director presented the
contract award for the West Avenue Phase II North and South project. He and his staff
negotiated with the highest-ranked proposer and realized the savings to the City would
be for $780,000. The proposal is before the City Commission for final approval.
City Manager Morales added that there was a $1.5 million difference, which has now
been cut in half. He and his staff believe the technical proposal and work-study done by
RIC-MAN is well worth it.
5:11:03 p.m.
SUPPLEMENTAL MATERIAL 1: MEMORANDUM & RESOLUTION
R7 A2 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 FLORIDA, INC., WITH THE GUARANTEED MAXIMUM PRICE
(GMP) IN THE AMOUNT OF $30,243,063.00; AUTHORIZING A TEN PERCENT (10%)
OWNER'S CONTINGENCY FOR THE PROJECT IN THE AMOUNT OF $3,024,306.30;
AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
DESIGN BUILD AGREEMENT WITH RIC-MAN CONSTRUCTION FLORIDA, INC. Public Works/Procurement
ACTION: Item heard in conjunction with Item R7A2. Resolution 2017-29800 adopted.
Eric Carpenter and Alex Denis to handle.
R9 - New Business and Commission Requests
4:07:55 p.m.
R9 A DISCUSSION AND UPDATE REGARDING THE PLANNED PUBLIC WORKS AND
CAPITAL IMPROVEMENT PROJECTS IN THE CITY OVER THE NEXT FIVE YEARS
INCLUDING COUNTY AND STATE PROJECTS.
Deferred from March 1, 2017 - R9 T Commissioner Micky Steinberg
ACTION: Discussion held. Eric Carpenter and Susanne M. Torriente to handle.
DIRECTION:
Schedule Workshop;
Allow homeowner associations to negotiate or opt out of the road height increase;
and
CIP, Public Works, Sustainability and the Chief Resiliency Officer (CRO) will assist in
the resident education process.
Page 19 of 27
After Action March 22, 2017 City of Miami Beach
Presentation & Awards Commission Meeting
Eric Carpenter, Assistant City Manager and Public Works Director, distributed
documents showing maps that give an overview of projects currently under construction
or planned for current year and the following three years; these maps were emailed to
the City Commission on March 21, 2017. He explained that staff tries to build projects in
different areas of the City at the same time, rather than doing all the projects in a
particular area that would basically bring the City to gridlock. He reviewed the
encompassing list of City projects to tackle sea level rise from 2017 through 2020. Click
links below:
FY 17-21 Capital Improvement Plan by Program:
Seawalls Utilities Transportation Streetscape
MBProjects 2017
MBProjects 2018
MBProjects 2019
MBProjects 2020
Commissioner Steinberg stated that there are many projects in the works for all
neighborhoods, and they are averaging two years for completion time, and there seems
to be an overlap. What is being shown by Mr. Carpenter are all the projects, not
including Comcast, FPL or Atlantic Broadband projects. She suggested re-examining the
scope and timeline of projects, discuss, and try to reduce work overlap and traffic
gridlock.
Discussion held.
Commissioner Alemán added that Orchard Park and the neighborhood around Royal
Palm Avenue and 47th Street is not included in the map and is one of the lowest lying
areas. She asked if this was an oversight, because she is familiar with that
neighborhood and there are severe flooding problems.
Mr. Carpenter explained that Orchard Park was grouped together with the Nautilus
neighborhoods that were partially addressed from a neighborhood improvement
perspective, but did not get the full storm water improvement. Staff did not want to go
back to the neighborhoods that had already been torn up once, until the end of the
program. That is why Orchard Park and Nautilus are not on the maps; also, Sunset
Islands I and II are not on the maps. The City is currently addressing neighborhoods that
have construction going on. The road height increase is being worked on in these
neighborhoods first before moving on to other neighborhoods. The Nautilus and Orchard
Park neighborhoods will probably have their roads elevated in 2021.
Commissioner Alemán suggested listing the projects, and acknowledge for the
neighbors that the City realizes that they still have severe flooding, and anecdotally she
spoke to some residents that are very concerned as they are not being addressed
before other neighborhoods on the list that are not flooding.
Discussion continued.
Commissioner Malakoff stated that Royal Palm and Sheridan had been addressed by
prior City Commissions by a former plan where there was drainage installed, but they
relied on a former engineer who believed that the gravity would take the water up.
Page 20 of 27
After Action March 22, 2017 City of Miami Beach
Presentation & Awards Commission Meeting
Mr. Carpenter added that there is funding in the program to improve these
neighborhoods to make the conversion from injection wells to pumped outfalls; however,
they can only get to so many in this timetable, as those projects already had their
neighborhood improvements and that is why they were placed at the end of the list, but
they can revisit that.
Vice-Mayor Rosen Gonzalez asked what criteria they are using to determine whether an
area is a high flood priority zone.
Mr. Carpenter explained that there are multiple things taken into consideration for flood
area prioritization. The first criterion they looked at was: “Worst First.” This was the
overarching guideline. He explained how they determined not to work on West Avenue
and Flamingo at the same time, as it would ultimately cripple the Southern part of the
City. They also determined not to go back into neighborhoods that have had construction
projects completed within the past three years because of the construction fatigue factor.
A decision was made to try and complete Central Bayshore as it started the construction
for the entire neighborhood, and then it had to be cutoff at the half point because the
construction was running over budget and it did not include the storm water program, but
they want to go back and finish that neighborhood.
Vice-Mayor Rosen Gonzalez stated that the City began working with Harvard University
two years ago to come up with recommendations on how to deal with sea level rise.
Harvard looked at several disciplines, including: urban design, planning, ecology, law,
and landscaping. They will have their recommendations by this summer, and will present
their findings to the City Commission in October. She suggested considering Harvard’s
recommendations before starting or continuing sea level rise projects. She requested
taking all existing projects off the table until they hear from Harvard in October before
they move forward.
City Manager Jimmy L. Morales explained that although the Harvard Program from the
Graduate School of Design will provide design, landscaping and other relevant issues,
they are not looking at the engineering issue to address sea level rise and they will not
be looking into the Storm Water Master Plan, which was a plan put together by the City’s
consultant AECOM.
Vice-Mayor Rosen Gonzalez stated that some areas in the City are flooding and action
needs to be taken. The topography of the City is on an incline, but not everything else
can be looked at “in a vacuum.” The City does not have so much money to do things
twice. She proposed a hypothetical situation where Harvard provided the City with an
innovative plan, and the City had gone ahead with a flawed project instead. She would
like to hear from the HOAs of where there is a “dire situation.” She does not believe the
current path the City has taken makes sense. In addition, she believes the Convention
Center is not a resilient structure, and not worth the $600 million price tag.
Mayor Levine asked Vice-Mayor Rosen Gonzalez to make a motion.
Vice-Mayor Rosen Gonzalez made a motion to keep working on existing projects, slow
down future projects until more input from Harvard is received. No second offered.
Mayor Levine stated that if certain HOAs do not want their streets raised, the City should
listen to them, and leave the streets as-is, but he believes there should be a vote.
Page 21 of 27
After Action March 22, 2017 City of Miami Beach
Presentation & Awards Commission Meeting
Commissioner Malakoff, looking at it from a practical point, stated that she wants the
road in front of her house raised for many reasons, but among others, she would like to
sell her house one day; and in order for the buyers to be able to obtain a mortgage, they
must be able to get flood insurance, as the City is in a flood plain zone. The City must
implement, in a most engineered proper manner, the formula to ensure that streets are
raised to keep homes from flooding so the homes are not at risk. Every home should be
saved to protect all residents.
Commissioner Alemán recognized Commissioner Steinberg and thanked her for putting
the item on the agenda for discussion. There will be sea level rise projects taking place
on Collins Avenue, Indian Creek (both south and north of 63rd) and North Bay in 2018,
but there needs to be some tweaking done. She agrees that if a particular neighborhood
wou ld rather delay the construction, then this should be considered. She is concerned
having HOAs cast votes. If they do any voting that affects the decisions made by the City
Administration and the City Commission on this critical project, it should be administered
by the City, and not a private organization. Additionally, prior to any voting, there must
be an education process informing residents of what is going on. Ultimately, raising
streets needs to be done if homeowners want to get flood insurance. Property value is a
co-dependent phenomenon, and it will affect other neighborhoods.
Commissioner Steinberg stated that the City must act strategically in their planning and
must avoid overlaps, so that the City can function. There is no room for error. With such
an aggressive timeline, it only takes one water main break to cause the City to come to a
standstill, and that is her concern, to make sure they are conscious that what they are
doing is prudent and responsible.
Mayor Levine stated that first and foremost there is a need to educate the community;
secondly, based on what he is hearing, they should schedule a Commission Workshop,
and slow the projects down in certain areas to maintain as much traffic flow in the next
three to five years with the least nuisance to everyone, residents and visitors.
Discussion continued.
Vice-Mayor Rosen Gonzalez requested, as part of the discussion at a future Workshop,
that each neighborhood be able to decide to go as low as 2.7 NAVD. The mean height of
each home is 4.5 NAVD, so their homes would not even begin to flood until 2080, and
only probably a few days out of the year.
Mayor Levine feels that if neighborhoods do not want to raise their roads at all, then they
should not raise their roads, but he does not know what the impact of that decision
would be.
Discussion continued.
Mr. Carpenter explained that ideally, if they are just talking about tidal flooding, they are
talking about 3.7-roadway elevation, which takes them up to the year 2065. The problem
is that the City is designing for tidal flooding and rainfall events. Storm surge will be over
and above anything that they can handle. The higher they build the better. He
understands the need to be context sensitive to their neighborhoods and saving the
landscaping as much as possible, as well as being able to accommodate the water that
Page 22 of 27
After Action March 22, 2017 City of Miami Beach
Presentation & Awards Commission Meeting
will flow off properties that have extreme low line homes, so no one is left behind, but
they are still moving the City forward.
Discussion held regarding HOAs voting on the street height increase.
Commissioner Steinberg suggested scheduling a Commission W orkshop to discuss
timelines, additional scope and homeowners voting on the increase road height.
Vice-Mayor Rosen Gonzalez asked how the City will mitigate the Palm View
neighborhood from the issue of water retention in the streets.
Mr. Carpenter explained that the raising of 17th Street will not probably happen until late
2018-2019, so there is time to discuss. Meridian Avenue is also in the same timeline.
Most of the Palm View neighborhood will be raised approximately a foot. When talking
that across a 50-60 foot right-of-way, which is a gradual slope to be able to bring it down
to the property line on either side.
Discussion held.
Commissioner Steinberg stated that they are talking now about inches rather than
NAVD, and one street can run through the same neighborhood and part of that block
may need to be raised two inches, and at other parts, six inches, since the streets are
not on the same level.
Mr. Carpenter further elaborated that streets are not completely leveled as airplane
runways. In some cases, there are differences in over a foot, but the change is not
noticed because the change is so gradual over distance; however, they will be using the
same technique to make the road elevation transition gradually as seamless as possible.
Sunset Harbour is an anomaly in this case.
Commissioner Alemán stated that allowing discussion to take place on whether to raise
a road is fine so long as the road is City owned, but many roads in Miami Beach are
State roads and she is concerned about that. The State of Florida is concerned with all
coastal cities that are facing the same challenge. She is concerned about having the
State come out and do the arterial roads in the City, but not take them to a far point in
the future, and if there is a need to come back in 15 years, then perhaps no further work
will be done, and the impact of this is concerning.
Discussion continued.
Mr. Carpenter agreed with Commissioner Alemán’s statement, and explained that FDOT
will design their roads to the existing building elevation, unless the City directs them to
raise the road. The State will not be back for road reconstruction in Miami Beach for
another 50 years.
Motion made by Vice-Mayor Rosen Gonzalez to schedule a Commission Workshop,
have each neighborhood vote as to the height of the streets that they want raised,
depending on the neighborhood, and educate residents on the issue. No second offered.
Mayor Levine stated that he does not believe they can get feedback from every HOA.
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After Action March 22, 2017 City of Miami Beach
Presentation & Awards Commission Meeting
Mr. Carpenter cautioned that it is less expensive to elevate roads that are currently being
worked on, rather than returning to them at a later date. If the roads are to be raised,
they should be done now, and not delay action because of the HOAs, in other words, he
does not want the passengers telling the pilot where the plane needs to go.
Vice-Mayor Rosen Gonzalez asked what is the purpose in raising the streets so high
and what do they hope to accomplish.
Mr. Carpenter explained that ultimately, they are trying to accomplish is making the
roads passable for emergency vehicles during worst-case scenarios, which is the storm
event they are designing for while providing low enough drainage elevation. It is the inlet
elevation that dictates where the water will go and they can drop the inlet elevation while
keeping the crown of road high, in order to remove the water off the properties and keep
the roads passable for safety vehicles. That is a win-win.
Mayor Levine suggested scheduling a Commission Workshop to look at the plan and
see if they can slow it down; secondly, the City will have each community vote, if they in
fact want the roads raised; and thirdly, they want input from the HOAs as to the height;
however, the final determination shall be made by the Public Works Director, Chief
Engineer and City Manager, with input by the community. Every homeowner will have a
vote. He suggested coming up with a reasonable manner so that the City Commission
does not micromanage the issue, but leave it to the professionals to have their input, and
then come back with their recommendation. The community can opt out if they do not
want their streets raised and the City can administer the vote by neighborhood. There
was consensus at the dais by acclamation. Office of the City Manager to handle.
Discussion continued.
City Manager Morales added that Public Works Department and the Sustainability Office
have been working for the last few months with plans to begin by April 1, 2017 to go
neighborhood by neighborhood and show the impact of this project. When the
homeowners are making the vote, they are not voting blindly. Eric Carpenter and
Susanne M. Torriente to handle.
Commissioner Malakoff added that all homeowners that are in the audience or watching
at home should know how important this issue is. Engineering and Public Works will go
to each home, receive an elevation certificate, tell exactly what the road height is and
how it will work for your specific home. The City will help each resident.
Glenna Norton, Miami Beach resident, stated that her neighborhood is not currently
flooding on 52nd Street, but she believes that raising the roads will cause water to spill on
to her property. She is not fighting whether the roads should be raised, but rather what
the City will do to mitigate the water off her property caused by raising the roads.
Mr. Carpenter explained that they are working with the Chief Resiliency Officer’s Office
to put together a Homeowner’s Toolbox to help them become more resilient as private
property owners, but also working on a storm water system, which is being designed to
accept the water off private properties. This system is designed in such a way, not only
for the roadway right-of-way, but also to be able to accommodate the water flow from the
entire footprint of the neighborhood.
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After Action March 22, 2017 City of Miami Beach
Presentation & Awards Commission Meeting
Discussion continued.
Commissioner Alemán asked Mr. Carpenter to elaborate on the methods that will be
used to keep water off private property.
Mr. Carpenter replied that the majority of water that pools on private property comes
from the roofs. There is a plan to channel the water falling off roofs into the storm water
drainage.
Jeanne-Marie Echemendia, Miami Beach resident, stated that the street in front of her
home is currently at 1.2 NAVD, but it is proposed to be raised to 3.7 NAVD. That is more
than three times as high as it is now. She asked what will prevent water from spilling into
her home.
Mr. Carpenter replied that the drainage would have to be made low enough to allow the
water to flow out of her property. He added that 3.7 NAVD is approximately six feet
above what the king tides were the previous year.
Juergen Brendel, President of the Venetian Islands HOA, stated that there is currently a
pump being installed in the Venetian Islands, but one resident has consistently been
fighting it with his legal team. He is in favor of the City moving forward with the street
raising project, and stated there will always be criticism for any project the City is
involved.
Sandra Otero, Miami Beach resident, stated that her neighborhood rarely floods, and
even then it is when there are king tides. She does not see why her neighborhood
should be connected to the City’s storm water drainage when it adds more expenses to
them.
Discussion continued regarding improving City systems.
City Manager Morales stated that the drainage system being implemented is not being
designed for today’s conditions; they are being installed to keep the City dry for the next
20 years. In addition, he stated for the record, that the Convention Center has had a
tremendous amount of resiliency going into it.
Mayor Levine stated that unfortunately there is no playbook to follow on how to keep the
City dry. The City is moving forward as best as possible. He recognized the efforts of
staffers who have been working very hard in helping the City stay dry.
Handouts or Reference Materials:
1. Email from Eric Carpenter dated March 21, 2017 RE: Information for the 4 pm Construction
discussion tomorrow, including a) FY 17-21 Capital Improvement Plan By Program; b)
Seawalls. Utilities. Transportation. Streetscape. c) MBProjects 24x36_2017; d) MBProjects
24x36_2018; e) MBProjects 24x36_2019, and f) MBProjects 24x36_2020.
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After Action March 22, 2017 City of Miami Beach
Presentation & Awards Commission Meeting
R9 B DISCUSSION ITEM TO RECEIVE AN UPDATE FROM THE COUNTY REGARDING
MOSQUITO CONTROL EFFORTS AND STRATEGIES.
Deferred from March 1, 2017 - R9 E
Commissioner John Elizabeth Alemán
ACTION: Item deferred to April 26, 2017. Lilia Cardillo to place on the Commission
Agenda, if received. Susanne M. Torriente and Marcia Monserrat to handle.
R9 C DISCUSSION REGARDING THE CITY'S POLICY ON FIRST RESPONDERS CONTRACTING DISEASE ON DUTY, AND THE PASSAGE OF A RESOLUTION SUPPORTING STATE EFFORTS TO PROTECT POLICE OFFICERS AND FIREFIGHTERS IN THIS REGARD. Continued from March 1, 2017 - R9 O
Commissioner Michael Grieco
ACTION: Item deferred to April 26, 2017. Michael Smith to handle.
R9 D UPDATE ON BUS SHELTER DESIGN NEGOTIATIONS PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-116-KB FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR NEW BUS SHELTERS.
Transportation
ACTION: Item deferred to the April 26, 2017 Commission Agenda. Lilia Cardillo to place
on the Commission Agenda, if received. Jose Gonzalez to handle.
5:16: 06 p.m. R9 E DISCUSSION REGARDING EXPENSES ASSOCIATED WITH THE HOLOCAUST MEMORIAL'S YOM HASHOAH (HOLOCAUST REMEMBRANCE DAY), TAKING PLACE SUNDAY APRIL 23, 2017, AT 5:00 PM AT THE HOLOCAUST MEMORIAL AND ON MERIDIAN AVENUE FROM 18 STREET TO DADE BOULEVARD.
Tourism, Culture and Economic Development
ACTION: Discussion held. Item approved by acclamation. Eva Silverstein to handle.
City Manager Morales stated that the Miami Beach Holocaust Memorial marks the
Holocaust with a remembrance event. The Federation makes about $10,000 payment
to the City to cover law enforcement costs and other costs incurred by the City, out of
pocket, in connection with security. This year, given the events around the world and
the rise in hate crimes throughout the U.S., the Federation will be hosting a super-
event, and due to security concern being at high alert, it is clear that the security and
parking plan issues will be in excess of $10,000. The additional cost estimated is
approximately $50,000 for Police and security, and he wants the City Commission to
feel comfortable.
Commissioner Malakoff stated that it is important to make sure everyone who attends
is secure.
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After Action March 22, 2017 City of Miami Beach
Presentation & Awards Commission Meeting
Commissioner Steinberg added that given the attacks in London, this is the time to
stand strong and continue doing what they want to do as a City and make everyone
feel safe.
R9 F A DISCUSSION REGARDING POSSIBLE USE OF FLAMINGO PARK TENNIS
COURTS DURING THE INTERNATIONAL TENNIS FEDERATION TOURNAMENTS SCHEDULED FOR NOVEMBER 2017.
Tourism, Culture and Economic Development
ACTION: Item deferred to the April 26, 2017 Commission Agenda. Lilia Cardillo to place
on the Commission Agenda, if received. Eva Silverstein to handle.
Notices
1. USE OF AUDIO VISUAL EQUIPMENT IN THE COMMISSION CHAMBERS FOR
PRESENTATIONS DURING PUBLIC MEETINGS.
Meeting adjourned at 6:28:00 p.m.
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