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April 26, 2017 After ActionAfter Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 1 of 138 Commission and Presentation and Awards Meeting City Hall, Commission Chamber, 3rd Floor, 1700 Convention Center Drive April 26, 2017 - 8:30 a.m. Mayor Philip Levine Absent 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 or 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 by Vice-Mayor Rosen Gonzalez at 8:31:22 a.m. Invocation given by Father Roberto M. Cid, from St. Patrick Catholic Church. Pledge of allegiance led by Brad Bonnesi. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 2 of 138 ADDENDUM MATERIAL 1: C7 AB Support SB 1590, Projects Preserving State's Beaches. (Grieco) C7 AC Waive Residency Requirement for Planning Board Member Reagan Pace. (Alemán) R7 X Termination for Convenience of Agreement with Savino Miller. (Malakoff/Alemán/Arriola) R9 AO Discuss Why The Seagrass Keeps Dying In Biscayne Bay. (Rosen Gonzalez) ADDENDUM MATERIAL 2: C7 AD Approve fee waivers and loan forgiveness for World Outgames. R7 Y Oppose SB 1312 & HB 1021, Building Regulations. (Arriola) R7 Z Oppose SB 8, Policy against Casino Gambling. (Arriola/Malakoff) R9 AP Presentation by M-DC Ethics Commission on survey results of MB Employees. (Levine) R9 AQ Discuss Installation of cameras - Upper North Bay Road. (Rosen Gonzalez) SUPPLEMENTAL MATERIAL 1: R5 X Ch. 42, Security Camera Voluntary Registration Program. (Steinberg) Memorandum & Ordinance R7 C Adopt 4th Amendment, Capital Budget FY 2016/17. Memorandum R7 Q Waive Bid, Agreement with Ribbeck for Indian Creek Drive/26th - 41st St. Flood Mitigation. Memorandum SUPPLEMENTAL MATERIAL 2: C7 Y Approve FY 17/18 Federal Legislative Agenda. (Levine) 2017 Federal Legislative Priorities R7 U Proceed Designs/New Skate Park & Parking. (Alemán) Revised Memorandum & Resolution R9 AH Discuss 10 Point Plan Progress. (Arriola) Letter from the Ocean Drive Association SUPPLEMENTAL MATERIAL 3: R9 T Discuss Potential Film Incentives for Miami Beach. Production Industry Council Letter ITEMS MOVED FROM CONSENT TO REGULAR AGENDA C7 S to R7 W 8:49:06 a.m. 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 C7 AB, C7 AC, C7 AD, R7 X, R7 Y, R7 Z, R9 AO, R9 AP and R9 AQ 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 None. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 3 of 138 NOTATIONS: Move item C7 S to Regular agenda item R7 W (Not Approve any Business Concession Agreement for Barry Kutun Boat Ramp). Remove Commissioner Grieco as sponsor of items R5 P Add Commissioner Alemán as sponsor of item R5 P Add Commissioner Malakoff as a co-sponsor of item R7 U and R7 Z Add Commissioner Alemán as a co-sponsor of item R7 Z RELATED ITEMS: R7 U Proceed with RFQ for Skate Park/Garage. (Alemán) R9 S Discuss Skate Park/Parking Structure at 72nd Street (P92) Parking Lot ITEMS WITHDRAWN: C4 N Ref: Planning Board - Restrict package liquor sales in MXE. (Arriola) R9 F Discuss International Tennis Federation using Flamingo Courts R9 M Discuss Airbnb in Miami Beach. (Levine) ITEMS DEFERRED TO MAY 17, 2017: PA 1 Employee Performance Recognition. PA 2 Proclamation/Angela Buxton, triumphing over prejudice. (Grieco) R5 Z Ch. 14, Building Permit Fees. (Arriola) 1st Reading R9 D Discuss First Responders Contracting Disease on Duty. (Grieco) R9 G Update on New Bus Shelter Design Negotiations R9 H Discuss Renaming of North Shore Open Space Park R9 I Discuss Muhammad Ali's items stored at Opa-Locka storage facility. R9 K Discuss On-demand Transportation Service to Low-demand Areas. R9 L Update on Pilot Parklet Program on Washington Avenue. R9 O Update on Trolley Service to Wynwood & Midtown. (Rosen Gonzalez) R9 P Discuss Collins Express Trolley Service. R9 R Discuss Best Practice for Beach Sifting. (Grieco) R9 W Discuss City Traffic Alert System. (Grieco) R9 X Discuss Construction of Garage at P23 Lot. R9 Y Discuss Washington Avenue parking & workforce housing options. R9 AA Discuss Public Art Installation Celebrating Diversity. (Steinberg) R9 AE Discuss Creation of a Six-Municipality Local Council. (Rosen Gonzalez) R9 AF Discuss Ensuring City buildings use 100% renewable electricity. (Rosen Gonzalez) R9 AK Discuss/Update Traffic study North Beach/Indian Creek. (Steinberg) R9 AM Discuss how evaluation committees are created. (Arriola) R9 AQ Discuss Installation of cameras - Upper North Bay Road. (Rosen Gonzalez) R9 AO Discuss Why the seagrass keeps dying in Biscayne Bay. (Rosen Gonzalez) R9 AN Discuss Placing stop signs/crosswalks Park Avenue/22nd Street. (Rosen Gonzalez) ITEMS DEFERRED TO JUNE 7, 2017 R7 J Support FPL to Discontinue use of Canal Cooling System. (Grieco) R9 AC Discuss Potential Lease with The Venture City at 1661 Pennsylvania Avenue ITEMS DEFERRED TO JULY 26, 2017 R5 S CD-2 Height & Existing Nonconforming Buildings. (Arriola) 1st Reading After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 4 of 138 ITEM OPENED AND CONTINUED TO MAY 17, 2017 R5 B Ch. 82, Sidewalk Cafe - Hospitality training requirement. (Arriola) 2nd Reading R5 Q Art Deco/MiMo Character/Formula Overlay District. (Arriola) 1st Reading, 5/7 R7 H 11:21 a.m. PH, Waive Regulations, Shane Watersports - Neigh. Impact Establish. (Grieco) ITEM OPENED AND CONTINUED TO JUNE 7, 2017 R5 M Terminal Island - Comp Plan Amendments. 1st Reading R5 N Terminal Island - LDR Amendments. 1st Reading, 5/7 ITEM OPENED AND CONTINUED TO JULY 26, 2017 R7 A 11:00 a.m. PH, Adopt 3rd Amendment, Capital Budget FY 16/17. (Grieco) R7 B 11:00 a.m. PH, Adopt 3rd Amendment Capital Budget FY 16/17 - Transportation. (Levine) ITEMS SEPARATED: C4 A, C4 F and C4 M separated by Vice-Mayor Rosen Gonzalez C7 AC and C7 AC separated by Commissioner Alemán C7 AC separated by Commissioner Arriola C4 R and C4 M separated by Commissioner Grieco C4 V by separated by Commissioner Malakoff C4 R and C4 M separated by Commissioner Steinberg After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 5 of 138 Presentations and Awards PA 1 EMPLOYEE PERFORMANCE RECOGNITION. Office of the City Manager ACTION: Deferred to the May 17, 2017 Commission Meeting. PA 2 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: Deferred to the May 17, 2017 Commission Meeting. 5:53:00 p.m. PA 3 CERTIFICATES OF APPRECIATION FOR THE GENTLEMEN OF THE ALPHA PHI ALPHA FRATERNITY AT FLORIDA INTERNATIONAL UNIVERSITY FOR THEIR CHARACTER AND LEADERSHIP IN VOLUNTEERING TO CLEAN UP LITTER LEFT ON THE BEACH DURING SPRING BREAK. Commissioner John Elizabeth Alemán ACTION: Certificates of Appreciation presented to the following individuals: Tashaun Williams, Mike Luscar (Vice-President), Jamesley Laurent, Jourman Triana, Robert James, Sadiq Bhadmus, Timothy Nicholas, and Jayson Esdaille. The Certificate of Appreciation reads: “The City of Miami Beach appreciates your leadership and dedication to keeping our beaches beautiful and clean.” Commissioner Alemán stated that this went viral on social media for a very good reason. On March 19, 2017, while they were on their spring break, the students voluntarily asked Police Lieutenant Octavio Rabelo, what they could do to help with all the clean-up efforts. She commended the students on their leadership and dedication to keeping our beaches beautiful and clean. Sandra Gonzalez-Levy, FIU Senior Vice President, thanked the City Commission and City Manager on behalf of FIU President Rosenberg, as they are proud of their students and this recognition. Tashaun Williams spoke about what inspired him, and thanked everyone for the award. Chief Daniel Oates added that Lieutenant Rabelo called this to everyone’s attention. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 6 of 138 6:01:30 p.m. PA 4 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO MIAMI BEACH LIFEGUARD FERNANDO PALOMO, FOR HIS HEROIC ACTION IN SAVING SARA WACHT EL'S LIFE ON APRIL 16, 2017. Vice-Mayor Kristen Rosen Gonzalez ACTION: Certificate of Recognition presented to Fernando Palomo, Miami Beach Lifeguard. The Certificate of Appreciation reads: “On behalf of the Mayor and Commission of the City of Miami Beach, we are proud to recognize Fernando Palomo, for his heroic action in saving a life.” Vice-Mayor Rosen Gonzalez read an email she got last week from Sara Wachtel into the record, explaining an incident where Ms. Wachtel almost drowned: “Hello, my name is Sara Botach Wachtel and I have been living in Miami Beach for 40 years. I go to the beach often, but on Sunday, April 16, I almost drowned and died. I went around 4:00 p.m., saw the red high tide flag and the dangerous marine life flag, but I did not know that high tide means rip currents. I have never felt scared in the ocean before. I went in, and in a few seconds, I was in the middle of the ocean. I saw the lifeguard watching me, but I thought I could swim back. Then I realized I could not. I was so scared; I told myself that today is the day I am going to die. The lifeguard motioned to me to come back, and I being stupid shook my finger “no” because I was trying to tell him, “no I can't come back, I can't swim back.” I was trying, but I couldn't. He thought I was saying “I don't want to come back,” but he kept watching me. Thank God. Then I put my hands in the position to come get me, right when I thought I am dead if the lifeguard is not here in two seconds. I am dead, I cannot swim toward the shore; the waves are too high - the waves are going over my head and I am swallowing too much water. Fernando, the lifeguard on 41st Street, swam in, pushed the orange float device toward me and told me to hold on. There is no doubt at all that Fernando saved my life on April 16, 2017. Afterwards, he showed me the hand signal for help. There are no signs up showing what signal to do in case of emergency in the water, and I do not know why the lifeguards do not warn you not to go in the water when there is high tide. I am a mother of six and a grandmother of eight, thank God so far my mother and father are alive and I have siblings. If I did not swim in front of the Miami Beach lifeguard stand and Fernando did not rescue me, then tomorrow Wednesday would be my funeral. Thank you for reading this.” Fernando Palomo demonstrated the hand signal for help. Sara Wachtel recounted her experience of that day. She urged for the sign to be bigger to warn of riptides. Lifeguard Fernando Palomo thanked Ms. Wachtel for her email and the recognition. He is happy he was there to help. He demonstrated the proper signal again. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 7 of 138 5:57:10 p.m. PA 5 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO THE NAUTILUS MIDDLE SCHOOL FLAG FOOTBALL TEAM FOR GOING UNDEFEATED IN THE REGULAR SEASON. Commissioner Micky Steinberg ACTION: Certificates of Recognition presented to the following: Sophie Zequeira, Jada Vaughn, Nicole Vicente, Giuliana Suarez, Alyshia Polo, Ana Leon, Janin Rivera, Gisel Hernandez, Jafreysi Hernandez, Chloe Marmol, Julieta Fernandez, Victoria Paniagua, Kimberly Castro, Crystal Ramos, Jayleen Santiago, Belen Toyloy, Isabelle Mathe, and Coach Ryan Divens. The Certificate of Appreciation reads: “The certificates are presented for an outstanding season with the Nautilus Middle School girls’ flag football team that went undefeated during the regular season.” Commissioner Steinberg congratulated the Nautilus Middle School Flag Football team for their outstanding season. She then called each recipient’s names and their Coach. Certificates and Miami Beach Medals were distributed to each recipient. Dr. Rene Bellmas, Principal of Nautilus Middle School, spoke on the importance of sports and clubs in improving academics. He acknowledged Coach Divens for coaching three other sports and added that his other two teams are also undefeated. He thanked the City Commission. PA 6 PROCLAMATION TO BE PRESENTED TO CHIEF DWAYNE DRURY FOR HIS YEARS OF SERVICES. Mayor Philip Levine ACTION: The proclamation was be presented to Chief’s Drury’s at his retirement party, and not at the Commission meeting. NEW ITEM: 5:47:40 p.m. PA 7 CERTIFICATE OF APPRECIATION TO BE PRESENTED TO THE MARICE BAND GIRLS SCOUT. Vice-Mayor Rosen Gonzalez ACTION: Certificates of Recognition presented to Marice Band. The Certificates of Appreciation read: “This certificate is presented to Marice Band, member of the Miami Beach Girl Scout Troop 1239, for the Miami Beach young teen receiving the Gold Award, the highest honor in Girl Scouts, than any other Troop in the County. In addition, Maurice’s Troop had the highest grossing cookie sales in the County. Maurice has designed an Art Deco Merit Badge that will be submitted to National Girl Scouts.” Vice-Mayor Rosen Gonzalez congratulated Marice and recited the Girl Scout pledge. Stacy Kilroy spoke on behalf of the Girl Scouts and recounted Marice’s accomplishments. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 8 of 138 Jill Nolden, a lifetime member of the Veterans of Foreign War Auxiliary, said her dad fought in three wars, and she gave information on two Flag drops. She thanked Marice for everything she did. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 9 of 138 CONSENT AGENDA 9:03:22 a.m. Motion made by Commissioner Grieco; seconded by Commissioner Arriola to approve the Consent Agenda, except for separated items. Voice-vote: 6-0; Absent: Mayor Levine. C2 - Competitive Bid Reports C2 A REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (Business Improvement District) (ITB) NO. 2017-095-AK PEST CONTROL SERVICES. Property Management/Procurement ACTION: Request approved. Adrian Morales and Alex Denis to handle. C2 B REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ) NO. 2017-126-KB FOR GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTANT SERVICES ON AN "AS NEEDED BASIS." Transportation/Procurement ACTION: Request approved. Jose Gonzalez and Alex Denis to handle. C2 C REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ) NO. 2017-155-KB FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR HISTORIC DISTRICT RESILIENCY AND ADAPTATION GUIDELINES. Planning/Procurement ACTION: Request approved. Thomas Mooney and Alex Denis to handle. C2 D REQUEST APPROVAL TO EXERCISE TERM RENEWAL OPTIONS ON CONTRACTS FOR ROUTINE OPERATIONAL REQUIREMENTS. Procurement ACTION: Request approved. Alex Denis to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 10 of 138 C2 E REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (Business Improvement District) (ITB) NO. 2017-114-ZD FOR MUSS PARK SEAWALL REHABILITATION. Capital Improvement Projects/Procurement ACTION: Request approved. David Martinez and Alex Denis to handle. Handouts and Reference Materials: 1. Letter from Jimmy L. Morales, City Manager, to Unitech Builders Corp, Anthony R. Gomez, President, dated April 25 2017 RE: ITB 2017-114-ZD FOR MUSS PARK SEWALL REHABILITATION (the “ITB) C4 - Commission Committee Assignments 9:14:29 a.m. C4 A REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE TO CONSIDER ESTABLISHING AN EMERGENCY FUND DEDICATED TO PROTECTING THE TOURISM INDUSTRY FROM MAJOR ADVERSE IMPACTS. Commissioner John Elizabeth Alemán ACTION: Item referred. Item separated by Vice-Mayor Rosen Gonzalez. Motion made by Commissioner Alemán; seconded by Commissioner Grieco. Voice-vote: 6-0; Absent: Mayor Levine. Margarita Wells to place on the Committee Agenda. Cintya G. Ramos and Eva Silverstein to handle. Commissioner Alemán stated that this is a referral item to the Sustainability & Resiliency Committee to discuss a request by the Miami Beach Chamber of Commerce to establish an emergency fund dedicated to protect the tourism industry from major adverse impacts such a storms, hurricanes, zika, homeland security threats, etc. Commissioner Steinberg stated that she would like the item referred to have a dialogue. There will be a Blue Ribbon Panel created with the purpose of preparing for emergencies such as zika and other acts of god. (City Clerk’s Note: See Mayor’s Blue Ribbon Emergency Response Committee.) Vice-Mayor Rosen Gonzalez expressed her hesitation with the item. City Manager Morales stated that the Chamber of Commerce and the hospitality business came forward and expressed their concern with another bout with any mosquito-borne disease, and asked the City to have a plan in place for potential funding and marketing , in case of such an event. He added that the March 2017 resort tax numbers are moving in the right direction with the occupancy RevPAR higher than last year. Vice-Mayor Rosen Gonzalez stated that she would prefer going to the County and ask ing them for funding regarding any mosquito-related disease outbreaks. Commissioner Alemán motioned to refer the item to the Sustainability & Resiliency Committee; seconded by Commissioner Grieco. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 11 of 138 C4 B REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE - DISCUSS RETROFITTING WATER FOUNTAINS WITH WATER BOTTLE REFILLING STATIONS. Vice-Mayor Kristen Rosen Gonzalez ACTION: Item referred. Margarita Wells to place on the Committee Agenda. John Rebar and Adrian Morales to handle. C4 C REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE REGARDING PENDING BILLS IN THE FLORIDA LEGISLATURE THAT WOULD ALLOW CERTAIN COASTAL COMMUNITIES TO REGULATE OR BAN DISPOSABLE PLASTIC BAGS. Office of the City Attorney Commissioner Michael Grieco ACTION: Item referred. Margarita Wells to place on the Committee Agenda and to handle. C4 D REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE TO EXPLORE URBAN INDOOR FARMING OPPORTUNITIES ON UNDERUTILIZED CITY PROPERTY. Commissioner Michael Grieco ACTION: Item referred. Margarita Wells to place on the Committee Agenda and to handle. C4 E REFERRAL TO THE HEALTH ADVISORY COMMITTEE - DISCUSSION PERTAINING TO A PROPOSED ASSISTED LIVING AND MEDICAL USE ORDINANCE. Planning Land Use and Development Committee ACTION: Item referred. Sonia Bridges to place on the Committee Agenda. Thomas Mooney to handle. 9:18:57 a.m. C4 F REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO DISCUSS THE FEES CHARGED TO DEVELOPERS TO APPEAR BEFORE THE CITY'S LAND USE BOARDS. Commissioner John Elizabeth Alemán ACTION: Item referred. Item separated by Vice-Mayor Rosen Gonzalez. Motion made by Commissioner Grieco; seconded by Commissioner Alemán. Voice vote: 6-0; Absent: Mayor Levine. John Woodruff to place on the Committee Agenda. Thomas Mooney to handle. Commissioner Alemán explained that this is a referral item to discuss the fees charged to developers to appear before the City’s Land Use Boards. In December 2015, the City Commission made changes to some developer fees. The fees were $0.10 per square foot with a cap of $10,000 regardless of the number of boards a project had to go in front of. The modifications made, brought the numbers to $0.50 per square foot for the first 5,000 square feet with no limit/cap. The feedback she has received is that projects of a certain After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 12 of 138 size can have uncapped fees upwards of $100,000 per board. The City may benefit greatly from the windfall, but there is case law that needs to be considered regarding the legality of collecting such fees. The fee structure needs to be modified. Commissioner Grieco stated that this item needs to be vetted at the Finance & Citywide Projects Committee. The Building Department cannot be run as a “profit center.” Fees have to be related to the costs of processing, board processing, and staffing. He would like the Finance & Citywide Projects Committee to find a better process. Vice-Mayor Rosen Gonzalez stated that this would be a good opportunity to use these funds for education programs, but the City needs to operate legally. Commissioner Malakoff stated that this item started at the Land Use & Development Committee. Developer fees had not been raised for many years, and the City looked at the County and other municipalities to see what they had done. She believes the $0.50 per square foot for the first 5,000 square feet, and $0.75 per square foot thereafter is a good change, but the City unfortunately neglected to put a cap, which had always been in place. She would like the item referred to the Finance & Citywide Projects Committee. C4 G REFERRAL TO FINANCE AND CITYWIDE PROJECTS COMMITTEE FOR A DISCUSSION ON THE LIVING WAGE RATES FOR FISCAL YEAR 2017-2018, IN ACCORDANCE WITH CHAPTER 2, ARTICLE VI, DIVISION 6, SECTION 2-408, OF THE CITY CODE. Procurement ACTION: Item referred. John Woodruff to place on the Committee Agenda. Alex Denis to handle. C4 H REFERRAL TO THE FINANCE & CITYWIDE PROJECTS COMMITTEE OF A RESOLUTION APPROVING THE CITY'S SPONSORSHIP OF THE NATIONALLY AND INTERNATIONALLY TELEVISED 2017 WORLD FOOTVOLLEY CLASSIC, TO BE HELD IN THE CITY OF MIAMI BEACH. Vice-Mayor Kristen Rosen Gonzalez ACTION: Item referred. John Woodruff to place on the Committee Agenda. Eva Silverstein to handle. C4 I REFERRAL TO THE PLANNING BOARD: FAENA DISTRICT OVERLAY - WORKS OF ART AMENDMENT. Planning Commissioner John Elizabeth Alemán ACTION: Item referred. Thomas Mooney to place on the Board Agenda and to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 13 of 138 C4 J REFERRAL TO THE PLANNING BOARD: PARKING DISTRICT NO. 1 AMENDMENT. Planning Commissioner Joy Malakoff ACTION: Item referred. Thomas Mooney to place on the Board Agenda and to handle. C4 K REFERRAL TO THE PLANNING BOARD: SINGLE FAMILY HOME INTERIOR SIDE YARD LANDSCAPE STANDARDS. Planning Vice-Mayor Kristen Rosen Gonzalez ACTION: Item referred. Thomas Mooney to place on the Board Agenda and to handle. C4 L REFERRAL TO THE PLANNING BOARD: RM-3 ACCESSORY USES. Planning Commissioner John Elizabeth Alemán ACTION: Item referred. Thomas Mooney to place on the Board Agenda and to handle. 9:22:55 a.m. C4 M REFERRAL TO THE PLANNING BOARD TO MAKE A RECOMMENDATION ON A PROPOSED ORDINANCE AMENDMENT PERTAINING TO NON-CONFORMING BUILDINGS. Commissioner John Elizabeth Alemán ACTION: Item referred. Item separated by Vice-Mayor Rosen Gonzalez and Commissioners Grieco and Steinberg. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán; Voice vote: 6-0; Absent: Mayor Levine. Thomas Mooney to place on the Board Agenda and to handle. Commissioner Grieco explained that he pulled this item, because he wanted to make sure that before referring it to the Planning Board, that there would be enough interest on the dais to see the item through. Thomas Mooney, Planning Department Director, stated that the Land Use & Development Committee and the Sustainability & Resiliency Committee considered this item. When the item went before the Land Use & Development Committee, it was determined that the item would require voter approval because it pertains to non-conforming FAR (Floor Area Ratio) or retention of non-conforming FAR exceeding the 50% rule. The Blue Ribbon Panel on Sea Level Rise requested that the item be referred to the Planning Board for discussion. He clarified that the Planning Board cannot take any action on the matter, because there is no Ordinance before them. Commissioner Malakoff stated that the City would like to see non-conforming buildings be brought up to Code, making them safer buildings in regards to sea level rise. This needs After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 14 of 138 to be done without affecting FAR to avoid going to a referendum. She supports referring the item for discussion. Commissioner Steinberg explained that she pulled the item for clarification purposes. She supports referring the item, as long as it is for solely discussion purposes. Vice-Mayor Rosen Gonzalez expressed her support for having the FAR question go to referendum. Commissioner Alemán addressed the audience and explained that the City has buildings much taller and larger than would be allowed today. The City has taken more control over what could be built in the City. Many of the older buildings are not resilient. There is a trigger depending on the extent of the renovation (50% rule) that would allow a non- conforming structure to be rebuilt. The fear is that property owners will avoid making renovations that would improve resiliency. It is a complex discussion, and needs to be further vetted. C4 N REFERRAL TO THE PLANNING BOARD REGARDING AN ORDINANCE AMENDING THE MXE DISTRICT REGULATIONS TO PROHIBIT PACKAGE LIQUOR SALES BEFORE 10:00 A.M. AND AFTER 10:00 P.M. IN THE MXE DISTRICT. Planning Commissioner Ricky Arriola ACTION: Item withdrawn. C4 O REFERRAL TO THE PLANNING BOARD AND THE LAND USE AND DEVELOPMENT COMMITTEE REGARDING AN ORDINANCE CLARIFYING THAT ENTERTAINMENT IS NOT PERMITTED IN THE CITY'S PERFORMANCE STANDARD DISTRICTS. Office of the City Attorney/Planning Department Commissioner Michael Grieco ACTION: Item referred. Thomas Mooney to place on the Board and Committee Agendas. Thomas Mooney and Office of the City Attorney to handle. C4 P REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE REGARDING THE POTENTIAL PLACEMENT OF SIGNS DISCOURAGING PANHANDLING. Office of the City Manager ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. Maria Ruiz and Tonya Daniels to handle. Handouts or Reference Materials: 1. Resolution 17-03 from the Lincoln Road BID (Business Improvement District), Inc., dated April 25, 2017 signed by Ivannia Van Arman, Executive Director. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 15 of 138 C4 Q REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE - NO PANHANDLING ZONE ON LINCOLN ROAD. Office of the City Attorney Commissioners John Elizabeth Alemán and Joy Malakoff ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. Maria Ruiz, Chief Daniel Oates and Hernan Cardeno to handle. 9:46:34 a.m. C4 R REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO DISCUSS CITY SUPPORT FOR THE SOBE CATS SPAY & NEUTER, INC. TRAP, NEUTER, RETURN (TNR) PROGRAM. Commissioner John Elizabeth Alemán ACTION: Item referred. See related Item R9 AB. Item separated by Commissioner Steinberg. Motion made by Commissioner Alemán to refer both items, C4 R and R9 AB, to the Neighborhood/Community Affairs Committee; seconded by Commissioner Arriola. Voice-vote: 6-0. Absent: Mayor Levine. Morgan Goldberg to place on the Committee Agenda. Eric Carpenter and Cintya G. Ramos to handle. REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE: 1. Discuss City support for SOBE Cats Spay & Neuter Inc.’s Trap, Neuter, Return (TNR) Program (Eric Carpenter to handle); and 2. Discuss allocating more resources or spaying and neutering of cats (Cintya G. Ramos to handle). Commissioner Steinberg stated that she is sponsoring item R9 AB, which is a similar discussion regarding spaying and neutering cats, and allocating more funds to the program. She would like her item added to this referral so it can be a two-part discussion. C4 S REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE - DISCUSSION REGARDING THE INSTALLATION OF LANDSCAPING BY THE MURANO AT PORTOFINO CONDOMINIUM ALONG THE PUBLIC BAYWALK ADJACENT TO THE MIAMI BEACH MARINA. Tourism, Culture, and Economic Development ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. Eva Silverstein to handle. C4 T REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO DISCUSS NORTH SHORE PARK TENNIS CENTER TEACHING PROFESSIONALS. Parks and Recreation ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. John Rebar to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 16 of 138 C4 U REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO EXTEND THE MIAMI BEACH BOTANICAL GARDEN TO THE COLLINS CANAL. Vice-Mayor Kristen Rosen Gonzalez ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. David Martinez and Eric Carpenter to handle. 9:45:22 a.m. C4 V REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO DISCUSS CONTRIBUTING FUNDS TO A REGIONAL HYBRID SKATEPARK/PUMPTRACK INITIATIVE AT HAULOVER IN CONJUNCTION WITH SUNNY ISLES BEACH, TOWN OF SURFSIDE, AND POSSIBLY BAL HARBOUR AND BAY HARBOR ISLANDS. Parks and Recreation ACTION: Item dually referred to the Neighborhood/Community Affairs Committee and to the Finance & Citywide Projects Committee. Item separated by Commissioner Malakoff. Motion made by Commissioner Malakoff to refer the item dually to the Neighborhood/Community Affairs Committee and the Finance & Citywide Projects Committee; seconded by Commissioner Steinberg. Voice-vote: 6-0. Absent: Mayor Levine. Morgan Goldberg and John Woodruff to place on Committee Agendas. John Rebar to handle. REFERRALS: 1) Neighborhood/Community Affairs Committee, and 2) Finance & Citywide Projects Committee. Commissioner Malakoff stated that this item is a referral to the Neighborhood/Community Affairs Committee regarding the installation of a hybrid skatepark/pumptrack. She would like the item to be dually referred to the Neighborhood/Community Affairs Committee and to the Finance & Citywide Project Committee. Commissioner Steinberg shared Commissioner Malakoff’s opinion. City Clerk’s Note: Search Terms - Skate Park / Pump Track C4 W REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE FOR THE CITY TO ENGAGE IN A TRAFFIC STUDY WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO SEE IF REMOVING THE I-95 EXPRESS LANES WILL IMPROVE THE FLOW OF TRAFFIC NORTHBOUND AND WESTBOUND. Vice-Mayor Kristen Rosen Gonzalez ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. Jose Gonzalez to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 17 of 138 C4 X REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE TO DISCUSS ADAPTIVE REUSE ALONG THE TATUM WATERWAY. Commissioner Ricky Arriola ACTION: Item referred. Thomas Mooney to place on the Committee Agenda and to handle. C4 Y REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE (NCAC) REGARDING THE POSSIBILITY OF WRAPPING UTILITY BOXES IN HIGH PEDESTRIAN AREAS. Commissioner Micky Steinberg ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. Eric Carpenter to handle. C6 - Commission Committee Reports C6 A REPORT OF THE FEBRUARY 17, 2017 NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE: 1. DISCUSSION REGARDING THE POSSIBLE ADDITION OF A SKATE PARK IN NORTH SHORE OPEN SPACE PARK RENAMED AS DISCUSSION REGARDING A SKATE PARK/PARKING STRUCTURE AT THE 72ND STREET PARKING LOT (P92). 2. DISCUSSION REGARDING MIAMI BEACH UNITED (MBU) “RESIDENTS’ RIGHT TO KNOW” PROPOSAL. 3. DISCUSSION REGARDING THE TEMPORARY RELOCATION OF MAURICE GIBB PLAYGROUND. 4. DISCUSSION REGARDING THE FUTURE ACTIVATION AND PROGRAMMING OF LUMMUS PARK. 5. DISCUSSION ON AN ADDITIONAL DESIGNATED DOG AREA IN NORTH BEACH. 6. DISCUSSION REGARDING THE SITE PLAN FOR NORTH SHORE OPEN SPACE PARK. 7. DISCUSSION REGARDING TRAFFIC CALMING PER THE REQUEST OF THE SUNSET ISLAND I AND II HOMEOWNERS. 8. DISCUSSION REGARDING LOWERING SPEED LIMITS AND/OR TRAFFIC CALMING IN RESIDENTIAL NEIGHBORHOODS. 9. DISCUSSION REGARDING POTENTIAL TRAFFIC CALMING IMPROVEMENTS IN THE NAUTILUS NEIGHBORHOOD. 10. DISCUSSION TO CONSIDER EXPANDING THE MIAMI-DADE COUNTY HUMAN TRAFFICKING SIGNAGE ORDINANCE AND REQUIRING THAT A SIGN BE DISPLAYED THROUGHOUT ALL ESTABLISHMENTS IN MIAMI BEACH. 11. DISCUSSION REGARDING FUNDING FOR A PERMANENT PARK RANGER DETAIL AT THE NORTH SHORE COMMUNITY YOUTH CENTER RECREATIONAL AREA. 12. DISCUSSION REGARDING THE CONCESSION AGREEMENTS FOR MOTORIZED AND NON-MOTORIZED VESSELS AT THE BARRY KUTUN BOAT RAMP. 13. DISCUSSION REGARDING A POSSIBLE PLAQUE AT THE NORMANDY POOL COMMEMORATING THE CONTRIBUTIONS OF THE LATE WARREN GREEN, LONGTIME POOL MANAGER WHO PASSED LAST YEAR. 14. DISCUSSION ON OFFERING MIAMI BEACH AS A PILOT CITY FOR UBER SELF-DRIVING CARS. 15. DISCUSSION REGARDING POTENTIAL USES OF A ROTUNDA IN COLLINS PARK. 16. DISCUSSION REGARDING THE CREATION OF LEGACY BUSINESS REGISTRY AND OTHER POSSIBLE PROGRAMS DESIGNED TO SUPPORT AND PROTECT SMALL BUSINESSES. 17. DISCUSSION ON THE CREATION OF A MIAMI BEACH HALL OF FAME AND ESTABLISHING CRITERIA PLACEMENT AND SELECTION PROCESS. 18. MONTHLY CRIME UPDATE. 19. DISCUSSION CONCERNING FUTURE USE OF THE WEST LOTS. 20. DISCUSSION REGARDING COMMISSIONING AN ARTIST TO PAINT After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 18 of 138 THE NORTH BEACH WATER TOWERS. 21. DISCUSSION REGARDING THE MAINTENANCE OF PUBLIC BATHROOMS CITYWIDE. 22. 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 A HALL FOR HIRE LOCATED AT THE CITY-OWNED RONALD W. SHANE WATERSPORTS CENTER OWNED (LAND LEASE), AND OPERATED BY MIAMI BEACH WATERSPORTS, INC. 23. DISCUSSION REGARDING THE CITY OF MIAMI BEACH BRANDING-MUNICIPAL LOGO. 24. DISCUSSION TO RECONSIDER THE CITY’S USE OF BONDED AGGREGATE FOR TREE PITS. 25. DISCUSSION REGARDING BUMP-OUTS ON 40TH STREET. Office of the City Manager ACTION: 1. ADDITION OF A SKATE PARK IN NORTH SHORE OPEN SPACE PARK DIRECTION: Come back to the March 17, 2017 Neighborhood/Community Affairs Committee meeting with cost of relocating utilities and information from the North Beach Steering committee. 2. MIAMI BEACH UNITED (MBU) “RESIDENTS’ RIGHT TO KNOW” PROPOSAL. DIRECTION: Bring back to March 17, 2017 Neighborhood/Community Affairs Committee meeting after further community input and City Attorney review and input. 3. TEMPORARY RELOCATION OF MAURICE GIBB PLAYGROUND. DIRECTION: Defer to the March 17, 2017 Neighborhood/Community Affairs Committee meeting. 4. FUTURE ACTIVATION AND PROGRAMMING OF LUMMUS PARK. MOTION: Commissioner Alemán moved for commission approval on the artisanal market to go out for RFP. Vice-Mayor Rosen Gonzalez seconded. All in favor. 5. ADDITIONAL DESIGNATED DOG AREA IN NORTH BEACH. MOTION: Commissioner Alemán motioned for this to go back to the full Commission with a favorable recommendation and request to find funding this year. Commissioner Steinberg seconded it. All in favor. 6. SITE PLAN FOR NORTH SHORE OPEN SPACE PARK. MOTION: Vice-Mayor Rosen Gonzalez moved for this to go to the Design Review Board with the stipulation that there is a tree palette review with the urban forester, also that there is a playground that isn’t the standard playground, but something that fits in the natural environment so it is open. Commissioner Alemán seconded the motion. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 19 of 138 7. TRAFFIC CALMING/REQUEST OF SUNSET ISLAND I AND II HOMEOWNERS. DIRECTION: Come back to the April 21, 2017 Neighborhood/Community Affairs Committee meeting with the data collection and analysis and also contact the homeowners and let them know what is happening. 8. TRAFFIC CALMING IN RESIDENTIAL NEIGHBORHOODS. DIRECTION: Defer to the March 17, 2017 Neighborhood/Community Affairs Committee meeting. 9. TRAFFIC CALMING IMPROVEMENTS IN THE NAUTILUS NEIGHBORHOOD. MOTION: Commissioner Steinberg motioned that this be sent to Commission as a referral to the Finance & Citywide Projects Committee and that the priorities to be set forward so there is a modified plan for the Finance & Citywide Projects Committee to consider. Commissioner Alemán seconded. All in favor. 10. EXPAND MIAMI-DADE COUNTY HUMAN TRAFFICKING SIGNAGE ORDINANCE. DIRECTION: Come back to the March 17, 2017 Neighborhood/Community Affairs Committee meeting after doing hotel outreach and updating the item with the LTC from the committee. 11. FUNDING FOR PARK RANGER DETAIL AT NORTH SHORE COMMUNITY YOUTH CENTER RECREATIONAL AREA. MOTION: Commissioner Alemán moved this with a positive recommendation back to the Commission for a referral to the Finance & Citywide Projects Committee to find the funding. 12. CONCESSION AGREEMENTS FOR MOTORIZED & NON-MOTORIZED VESSELS AT THE BARRY KUTUN BOAT RAMP. DIRECTION: Defer to the March 17, 2017 Neighborhood/Community Affairs Committee meeting. 13. POSSIBLE PLAQUE AT NORMANDY POOL COMMEMORATING THE CONTRIBUTIONS OF THE LATE WARREN GREEN, LONGTIME POOL MANAGER WHO PASSED LAST YEAR. DIRECTION: Defer to the March 17, 2017 Neighborhood/Community Affairs Committee meeting. 14. OFFERING MIAMI BEACH AS A PILOT CITY FOR UBER SELF-DRIVING CARS. DIRECTION: Defer to the March 17, 2017 Neighborhood/Community Affairs Committee meeting. 15. POTENTIAL USES OF A ROTUNDA IN COLLINS PARK. DIRECTION: Bring two options to the April Commission meeting, including RFP criteria for the café and compile a presentation about the climate change station. 16. CREATION OF LEGACY BUSINESS REGISTRY AND OTHER POSSIBLE PROGRAMS DESIGNED TO SUPPORT AND PROTECT SMALL BUSINESSES. DIRECTION: Defer to the March 17, 2017 Neighborhood/Community Affairs Committee meeting. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 20 of 138 17. CREATION OF A MIAMI BEACH HALL OF FAME AND ESTABLISHING CRITERIA PLACEMENT AND SELECTION PROCESS. DIRECTION: Come back to the March 17, 2017 Neighborhood/Community Affairs Committee meeting with more concrete criteria as well as information about a digital component. 18. MONTHLY CRIME UPDATE. NO ACTION TAKEN. 19. DISCUSSION CONCERNING FUTURE USE OF THE WEST LOTS. DIRECTION: Defer to the March 17, 2017 Neighborhood/Community Affairs Committee meeting. 20. COMMISSIONING ARTIST TO PAINT THE NORTH BEACH WATER TOWERS. NO ACTION TAKEN. 21. MAINTENANCE OF PUBLIC BATHROOMS CITYWIDE. DIRECTION: Defer to the March 17, 2017 Neighborhood/Community Affairs Committee meeting. 22. SHANE WATERSPORTS RESOLUTION DIRECTION: Defer to the March 17, 2017 Neighborhood/Community Affairs Committee meeting. 23. CITY OF MIAMI BEACH BRANDING-MUNICIPAL LOGO. DIRECTION: Defer to the March 17, 2017 Neighborhood/Community Affairs Committee meeting. 24. RECONSIDER THE CITY’S USE OF BONDED AGGREGATE FOR TREE PITS. DIRECTION: Defer to the March 17, 2017 Neighborhood/Community Affairs Committee meeting. 25. DISCUSSION REGARDING BUMP-OUTS ON 40THSTREET. DIRECTION: Defer to the March 17, 2017 Neighborhood/Community Affairs Committee meeting. C6 B REPORT OF THE MARCH 17, 2017 NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE: 1. DISCUSSION REGARDING A SKATE PARK/PARKING STRUCTURE AT THE 72ND STREET PARKING LOT (P92). 2. DISCUSSION REGARDING MIAMI BEACH UNITED (MBU) "RESIDENTS' RIGHT TO KNOW" PROPOSAL. 3. DISCUSSION REGARDING THE TEMPORARY RELOCATION OF MAURICE GIBB PLAYGROUND. 4. DISCUSSION REGARDING AND PRESENTATION ON MAKING MIAMI BEACH A "CITY OF KINDNESS." 5. DISCUSS THE PLACEMENT OF FARAH SERVE EUE SPORTS EQUIPMENT AT DIFFERENT LOCATIONS THROUGHOUT THE CITY. 6. DISCUSSION TO CONSIDER EXPANDING THE MIAMI-DADE COUNTY HUMAN TRAFFICKING SIGNAGE ORDINANCE AND REQUIRING THAT A SIGN BE DISPLAYED THROUGHOUT ALL ESTABLISHMENTS IN MIAMI BEACH. 7. DISCUSSION REGARDING BUMP-OUTS ON 40TH STREET. 8. DISCUSSION REGARDING THE CONCESSION AGREEMENTS FOR MOTORIZED AND NON-MOTORIZED VESSELS AT THE BARRY KUTUN BOAT RAMP. 9. DISCUSSION REGARDING A POSSIBLE PLAQUE AT THE NORMANDY POOL COMMEMORATING THE CONTRIBUTIONS OF THE LATE WARREN GREEN, LONGTIME POOL MANAGER WHO PASSED LAST YEAR. 10. DISCUSSION ON After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 21 of 138 OFFERING MIAMI BEACH AS A PILOT CITY FOR UBER SELF-DRIVING CARS. 11. DISCUSSION REGARDING LOWERING SPEED LIMITS AND/OR TRAFFIC CALMING IN RESIDENTIAL NEIGHBORHOODS. 12. DISCUSSION REGARDING THE CREATION OF LEGACY BUSINESS REGISTRY AND OTHER POSSIBLE PROGRAMS DESIGNED TO SUPPORT AND PROTECT SMALL BUSINESSES. 13. DISCUSSION ON THE CREATION OF A MIAMI BEACH HALL OF FAME AND ESTABLISHING CRITERIA PLACEMENT AND SELECTION PROCESS. 14. DISCUSSION OF WORKFORCE TENANT POLICIES (AND RESEARCH HOW OTHER JURISDICTIONS ARE ADDRESSING THE ISSUE). 15. DISCUSSION CONCERNING FUTURE USE OF THE WEST LOTS. 16. DISCUSSION REGARDING THE MAINTENANCE OF PUBLIC BATHROOMS CITYWIDE. 17. 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 A HALL FOR HIRE LOCATED AT THE CITY-OWNED RONALD W. SHANE WATERSPORTS CENTER OWNED (LAND LEASE), AND OPERATED BY MIAMI BEACH WATERSPORTS, INC. 18. DISCUSSION REGARDING THE CITY OF MIAMI BEACH BRANDING- MUNICIPAL LOGO. 19. DISCUSSION TO RECONSIDER THE CITY'S USE OF BONDED AGGREGATE FOR TREE PITS. 20. MONTHLY CRIME UPDATE. 21. DISCUSSION AS REQUESTED BY THE VENETIAN ISLANDS HOMEOWNERS ASSOCIATION, ON ENHANCEMENTS TO THE PEDESTRIAN CROSSINGS ON THE VENETIAN WAY, FROM RIVO ALTO TO SAN MARINO. 22. DISCUSSION REGARDING PILOTLESS DRONE TAXIS. 23. DISCUSSION TO EXPLORE PLACING CAMERAS ON EVERY CORNER OF THE MXE (MIXED USED ENTERTAINMENT) DISTRICT AND ON THE BEACHWALK, AND INSTALLING EMERGENCY ACTIVATION BOXES ALONG THE BEACHWALK. 24. DISCUSSION ON ADDING PLAYGROUND EQUIPMENT ON THE NORTH SIDE OF THE NEW PUMP STATION ON NORTH BAY ROAD AND 23RD STREET. 25. FDOT RECONSTRUCTION OF ALTON ROAD TREES. 26. DISCUSSION REGARDING THE IMPROVEMENT OF AMENITIES IN SOUNDSCAPE PARK. 27. DISCUSSION REGARDING A GOVERNANCE STRUCTURE FOR ADDITIONAL FUNDING SOURCES TO SUPPORT MIAMI BEACH PUBLIC SCHOOLS. 28. DISCUSSION REGARDING THE EAST VENETIAN BASCULE BRIDGE. Office of the City Manager ACTION: 1. SKATE PARK/PARKING STRUCTURE AT THE 72ND ST PARKING LOT. MOTION: Commissioner Grieco motioned for the committee to make a recommendation to the full Commission to engage a designer to encompass all of the areas that were listed in the motion that was passed by the North Beach Steering Committee. Vice- Mayor Rosen Gonzalez seconded. All in favor. 2 MIAMI BEACH UNITED (MBU) "RESIDENTS' RIGHT TO KNOW" PROPOSAL. DIRECTION: Come back to the April 21, 2017 Neighborhood/Community Affairs Committee meeting with update of issues. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 22 of 138 3. TEMPORARY RELOCATION OF MAURICE GIBB PLAYGROUND. MOTION: Vice-Mayor Rosen Gonzalez motioned to make a recommendation to the Commission that the committee approves staff’s recommendation with the shade. In addition, if it needs to go to the Finance & Citywide Projects Committee for it to be included in the recommendation. Commissioner Steinberg seconded. All in favor. 4. PRESENTATION ON MAKING MIAMI BEACH A "CITY OF KINDNESS.” DIRECTION: Defer to the April 21, 2017 Neighborhood/Community Affairs Committee meeting. 5. PLACEMENT OF FARAH SERVE EUE SPORTS EQUIPMENT THROUGHOUT THE CITY. DIRECTION: Defer to the April 21, 2017 Neighborhood/Community Affairs Committee meeting. 6. EXPAND MIAMI-DADE COUNTY HUMAN TRAFFICKING SIGNAGE ORDINANCE. DIRECTION: Defer to the April 21, 2017 Neighborhood/Community Affairs Committee meeting. 7. BUMP-OUTS ON 40TH STREET. DIRECTION: Come back to the April 21, 2017 Neighborhood/Community Affairs Committee meeting with all options. 8. CONCESSION AGREEMENT/MOTORIZED & NON-MOTORIZED VESSELS AT THE BARRY KUTUN BOAT RAMP. MOTION: Commissioner Grieco motioned to follow the recommendation of John Rebar, which is consistent of the neighborhood association supporting non-motorized commercial uses, but not motorized commercial uses. Vice-Mayor Rosen Gonzalez seconded. All in favor. 9. POSSIBLE PLAQUE AT NORMANDY POOL COMMEMORATING THE CONTRIBUTIONS OF THE LATE WARREN GREEN, LONGTIME POOL MANAGER WHO PASSED LAST YEAR. VOTE OF ACCLAMATION TO SEND TO COMMISSION WITH A POSITIVE RECOMMENDATION 10. OFFERING MIAMI BEACH AS A PILOT CITY FOR UBER SELF-DRIVING CARS. DIRECTION: Defer to the April 21, 2017 Neighborhood/Community Affairs Committee meeting. 11. TRAFFIC CALMING IN RESIDENTIAL NEIGHBORHOODS. DIRECTION: Defer to the April 21, 2017 Neighborhood/Community Affairs Committee meeting. 12. CREATION OF LEGACY BUSINESS REGISTRY AND OTHER POSSIBLE PROGRAMS DESIGNED TO SUPPORT AND PROTECT SMALL BUSINESSES. VOTE OF ACCLAMATION TO SEND THIS TO THE FULL COMMISSION WITH THE CRITERIA AND RECOMMENDATIONS JEFF ORIS COMES UP WITH. 13. CREATION OF A MIAMI BEACH HALL OF FAME AND ESTABLISHING CRITERIA PLACEMENT AND SELECTION PROCESS. DIRECTION: Take the comments from the committee and come back to the April 21, 2017 Neighborhood/Community Affairs Committee meeting. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 23 of 138 14. WORKFORCE TENANT POLICIES. DIRECTION: Defer to the April 21, 2017 Neighborhood/Community Affairs Committee meeting. 15. FUTURE USE OF THE WEST LOTS. DIRECTION: Defer to the April 21, 2017 Neighborhood/Community Affairs Committee meeting. 16. MAINTENANCE OF PUBLIC BATHROOMS CITYWIDE. DIRECTION: Defer to the April 21, 2017 Neighborhood/Community Affairs Committee meeting. 17. SHANE WATERSPORTS RESOLUTION MOTION: Vice-Mayor Rosen Gonzalez motioned to give the Shane Watersports Center the permit to obtain a liquor license. Commissioner Grieco seconded. This will go to the April 26th Commission Meeting with a positive recommendation from the Neighborhood/Community Affairs Committee. 18. CITY OF MIAMI BEACH BRANDING-MUNICIPAL LOGO. DIRECTION: Defer to the April 21, 2017 Neighborhood/Community Affairs Committee meeting. 19. RECONSIDER CITY'S USE OF BONDED AGGREGATE FOR TREE PITS. DIRECTION: Defer to the April 21, 2017 Neighborhood/Community Affairs Committee meeting. 20. MONTHLY CRIME UPDATE. NO ACTION TAKEN 21. DISCUSSION AS REQUESTED BY THE VENETIAN ISLANDS HOMEOWNERS ASSOCIATION, ON ENHANCEMENTS TO THE PEDESTRIAN CROSSINGS ON THE VENETIAN WAY, FROM RIVO ALTO TO SAN MARINO. DIRECTION: Defer to the April 21, 2017 Neighborhood/Community Affairs Committee meeting. 22. PILOTLESS DRONE TAXIS. DIRECTION: Defer to the April 21, 2017 Neighborhood/Community Affairs Committee meeting. 23. EXPLORE PLACING CAMERAS ON EVERY CORNER OF THE MXE (MIXED USED ENTERTAINMENT) DISTRICT AND ON THE BEACHWALK, AND INSTALLING EMERGENCY ACTIVATION BOXES ALONG THE BEACHWALK. DIRECTION: Come back to the Neighborhood/Community Affairs Committee meeting when cost analysis of camera coverage is complete and cost analysis of call boxes. 24. ADDING PLAYGROUND EQUIPMENT ON THE NORTH SIDE OF NEW PUMP STATION ON NORTH BAY ROAD AND 23RD STREET. DIRECTION: Defer to the April 21, 2017 Neighborhood/Community Affairs Committee meeting. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 24 of 138 25. FDOT RECONSTRUCTION OF ALTON ROAD TREES. DIRECTION: Defer to the April 21, 2017 Neighborhood/Community Affairs Committee meeting. 26. IMPROVEMENT OF AMENITIES IN SOUNDSCAPE PARK. DIRECTION: Defer to the April 21, 2017 Neighborhood/Community Affairs Committee meeting. 27. A GOVERNANCE STRUCTURE FOR ADDITIONAL FUNDING SOURCES TO SUPPORT MIAMI BEACH PUBLIC SCHOOLS. DIRECTION: Bring memorandum to Quality of Education Committee and talk about the funding at the Finance and Citywide Projects Committee. Come back to the Neighborhood/Community Affairs Committee with results from the Finance & Citywide Projects Committee. 28. DISCUSSION REGARDING THE EAST VENETIAN BASCULE BRIDGE DIRECTION: Defer to the April 21, 2017 Neighborhood/Community Affairs Committee meeting. C6 C REPORT OF THE MARCH 8, 2017 SUSTAINABILITY AND RESILIENCY COMMITTEE: 1. DISCUSSION REGARDING THE SECURING AND STORAGE OF COMMERCIAL DUMPSTERS. 2. DISCUSSION ON STORMWATER BEST MANAGEMENT PRACTICES. 3. DISCUSSION ON BEST PRACTICES FOR BEACH SAND SIFTING AND MAINTENANCE. 4. DISCUSSION ON THE CITY TO OFFER CHRISTMAS TREE RECYCLING, COMMENCING IN 2017. 5. DISCUSSION TO INCENTIVIZE SOLAR PANEL INSTALLATIONS IN THE CITY BY WAIVING PERMIT FEES. 6. DISCUSSION ON RECEIVING AN UPDATE REGARDING CITY ACTION AND FINES GIVEN TO GARBAGE OPERATORS FOR LEAKING TRUCKS. 7. MAYOR'S BLUE RIBBON PANEL ON FLOODING AND SEA LEVEL RISE. 8. SUSTAINABILITY COMMITTEE. 9. RESILIENCY STRATEGY. Environment and Sustainability 1. SECURING AND STORAGE OF COMMERCIAL DUMPSTERS. ACTION: MOTION: Referred to City Commission with a favorable recommendation with the proposed revisions: • Amend the language to include the locking of garbage rooms and locking of permanent service dumpsters for commercial properties that are located in alleys or the city’s right of way. • Include Commissioner Alemán’s recommendation to Section 90-40 clarifying whether each say is a new offense. • Prior to first reading, Commissioner Grieco will work with the City Attorney’s Office to reassess the fine schedule and the concept of second or subsequent offense. This will include whether it should be a repeating offense or another increase in the fine schedule. It will also entail placing owner sanctions on companies with a franchise agreement or businesses with an operating permit. Motion made by Commissioner Grieco; Seconded by Commissioner Rosen-Gonzalez. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 25 of 138 2. DISCUSSION ON STORMW ATER BEST MANAGEMENT PRACTICES. ACTION: Item deferred to the April 19, 2017 Sustainability and Resiliency Committee. 3. BEST PRACTICES FOR BEACH SAND SIFTING AND MAINTENANCE. MOTION: Referred to the City Commission with favorable recommendation to move forward with an enhanced sifting program. Motion made by Commissioner Rosen-Gonzalez; Seconded by Commissioner Grieco. 4. CITY TO OFFER CHRISTMAS TREE RECYCLING, COMMENCING IN 2017. ACTION: Item deferred to the April 19, 2017 Sustainability and Resiliency Committee. 5. INCENTIVIZE SOLAR PANEL INSTALLATIONS BY WAIVING PERMIT FEES. ACTION: Item deferred to the April 19, 2017 Sustainability and Resiliency Committee. 6. UPDATE RE: ACTION/ FINES TO GARBAGE OPERATORS FOR LEAKING TRUCKS. ACTION: Continued to the July 19, 2017 Sustainability and Resiliency Committee. 7. MAYOR'S BLUE RIBBON PANEL ON FLOODING AND SEA LEVEL RISE. ACTION: Item deferred to the April 19, 2017 Sustainability and Resiliency Committee. 8. SUSTAINABILITY COMMITTEE. ACTION: No further action taken. 9. RESILIENCY STRATEGY. ACTION: Item deferred to the April 19, 2017 Sustainability and Resiliency Committee. 10. TRANSITION NON-GAS POWERED LEAF BLOWERS/STAFF & CONTRACTORS. MOTION: Motion for staff and city contractor to begin the transition process of phasing out gas powered leaf blowers and replacing them with battery-powered alternatives. Motion made by Commissioner Rosen-Gonzalez and Commissioner Grieco. C6 D REPORT OF THE MARCH 8, 2017 LAND USE AND DEVELOPMENT COMMITTEE: 1. 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; 2. PROPOSED ORDINANCE AMENDMENTS PERTAINING TO RAM-1 & RM-2 DEVELOPMENT REGULATIONS AND PARKING. A) RESIDENTIAL PARKING ORDINANCE AND B) RM-1 AND RM-2 SETBACKS AND HEIGHT; 3. DISCUSSION REGARDING ZONING OVERLAY AND CONSERVATION DISTRICTS FOR THE ENTIRE BOUNDARIES OF THE NORTH SHORE AND NORMANDY ISLES NATIONAL REGISTER DISTRICTS; 4. PROPOSED ORDINANCE AMENDMENT PERTAINING TO NONCONFORMING BUILDINGS; 5. ORDINANCE AMENDMENT PERTAINING TO MAXIMUM BUILDING HEIGHTS IN COMMERCIAL ZONING DISTRICTS AND ALLOWABLE HEIGHT EXCEPTIONS; 6. DISCUSSION REGARDING REVISIONS TO CITY REGULATIONS FOR ACLF’S AND RELATED FACILITIES; 7. DISCUSSION PERTAINING TO DEVELOPMENT REGULATIONS AND GUIDELINES FOR NEW CONSTRUCTION IN THE PALM VIEW HISTORIC DISTRICT TO ADDRESS After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 26 of 138 RESILIENCY, SUSTAINABILITY AND ADAPTATION; 8. DISCUSSION REGARDING THE RECOMMENDATION OF THE NEIGHBORHOOD / COMMUNITY AFFAIRS COMMITTEE TO ESTABLISH MORE AGGRESSIVE REQUIREMENTS FOR EMPLOYEE TRANSPORTATION PLANS; 9. DISCUSSION REGARDING ADDING "OFFICE SPACE USE" TO THE WASHINGTON AVENUE INCENTIVES; 10. DISCUSSION TO CONSIDER AN AMENDMENT TO THE FAENA OVERLAY ZONE ORDINANCE ALLOWING WORKS OF ART WITHIN SETBACKS; 11. DISCUSSION TO CONSIDER AN AMENDMENT TO THE ZONING CODE PERTAINING TO ACCESSORY USES WITHIN AN RM-3 DISTRICT; 12. PROPOSED ORDINANCE AMENDING PARKING DISTRICT NO. 1, PERTAINING TO THE PARKING REQUIREMENTS FOR CONTRIBUTING STRUCTURES IN HISTORIC DISTRICTS OR INDIVIDUALLY DESIGNATED HISTORIC SITES 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. 1 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. Planning ACTION: 1. 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; MOTION: JA/JM (2-0) Recommend that the City Commission refer an ordinance to the Planning Board, which includes a provision for a minimum hedge height of 6 feet at the time of planting. 2. PROPOSED ORDINANCE AMENDMENTS PERTAINING TO RAM-1 & RM-2 DEVELOPMENT REGULATIONS AND PARKING. A) RESIDENTIAL PARKING ORDINANCE AND B) RM-1 AND RM-2 SETBACKS AND HEIGHT; MOTION: The item was continued to April 19, 2017 by Acclamation, with instruction to address the following: a. Establish a lot aggregation limit for RM-1 districts; b. Develop options for small lots, such as reduced parking; c. Re-study lot coverage requirements. 3. ZONING OVERLAY AND CONSERVATION DISTRICTS FOR THE ENTIRE BOUNDARIES OF THE NORTH SHORE AND NORMANDY ISLES NATIONAL REGISTER DISTRICTS; MOTION: The item was continued to April 19, 2017 by Acclamation. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 27 of 138 4. PROPOSED ORDINANCE AMENDMENT PERTAINING TO NONCONFORMING BUILDINGS; MOTION: The item was continued to April 19, 2017 by Acclamation, with instruction to address the following: a. Remove LEED requirements from designated historic districts and sites; b. Adjust the required percentages for non-historic properties; c. Remove all tables and reference Chapter 133. 5. ORDINANCE AMENDMENT PERTAINING TO MAXIMUM BUILDING HEIGHTS IN COMMERCIAL ZONING DISTRICTS AND ALLOWABLE HEIGHT EXCEPTIONS; MOTION: JA/JM (2-0) Recommend that the ordinance be transmitted to the Planning Board with revised language clarifying that the additional height is specific to the first level. 6. DISCUSSION REGARDING REVISIONS TO CITY REGULATIONS FOR ACLF’S AND RELATED FACILITIES; MOTION: The item was continued to April 19, 2017 by Acclamation. 7. DEVELOPMENT REGULATIONS & GUIDELINES FOR NEW CONSTRUCTION IN PALM VIEW HISTORIC DISTRICT TO ADDRESS RESILIENCY, SUSTAINABILITY AND ADAPTATION; MOTION: The item was continued to April 19, 2017 by Acclamation. 8. RECOMMENDATION OF THE NEIGHBORHOOD / COMMUNITY AFFAIRS COMMITTEE TO ESTABLISH MORE AGGRESSIVE REQUIREMENTS FOR EMPLOYEE TRANSPORTATION PLANS; MOTION: Continue the item to May 10, 2017 by Acclamation. 9. ADDING "OFFICE SPACE USE" TO THE WASHINGTON AVENUE INCENTIVES; MOTION: The item was continued to the April 19, 2017 by Acclamation. 10. CONSIDER AMENDMENT TO FAENA OVERLAY ZONE ORDINANCE ALLOWING WORKS OF ART WITHIN SETBACKS; MOTION: JA/JM (2-0) Recommend that the City Commission refer the item to the Planning Board for consideration. 11. CONSIDER AMENDMENT TO ZONING CODE PERTAINING TO ACCESSORY USES WITHIN AN RM-3 DISTRICT; MOTION: JA/JM (2-0) Recommend that the City Commission refer the Ordinance to the Planning Board 12. ORDINANCE AMENDING PARKING DISTRICT NO. 1, PERTAINING TO THE PARKING REQUIREMENTS FOR CONTRIBUTING STRUCTURES IN HISTORIC DISTRICTS OR INDIVIDUALLY DESIGNATED HISTORIC SITES MOTION: Recommend that the City Commission refer the item to the Planning Board by Acclamation. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 28 of 138 C6 E REPORT OF THE MARCH 31, 2017 FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING: 1. DISCUSSION ON CREATION OF ECONOMIC DEVELOPMENT GOALS AND OBJECTIVES AND A CITYWIDE ECONOMIC DEVELOPMENT STRATEGY PLAN. 2. DISCUSSION REGARDING FUTURE USES OR THE POTENTIAL SALE OF VACANT CITY-OWNED LAND LOCATED AT 226 87TH TERRACE. 3. DISCUSSION REGARDING A SKATE PARK/PARKING STRUCTURE AT 72ND STREET PARKING LOT (P92). 4. DISCUSS THE KEY DEVELOPMENT PARAMETERS FOR THE BARCLAY PLAZA APARTMENTS WORKFORCE HOUSING PROJECT. 5. DISCUSSION REGARDING TRANSITIONING TO NON-GAS POWERED LEAF BLOWERS FOR CITY STAFF AND CONTRACTORS. 6. DISCUSSION REGARDING THE MAINTENANCE OF PUBLIC BATHROOMS CITYWIDE. 7. DISCUSSION REGARDING A ONE CENT (0.01) FOOD AND BEVERAGE TAX SUPPORTING PUBLIC SCHOOLS WITHIN MIAMI BEACH CITY LIMITS. 8. DISCUSS ENGAGING IN A PILOT PROGRAM WITH A COST REDUCTION CONSULTANT. 9. DISCUSSION OF THE ISSUANCE OF NEW MONEY AND REFUNDING WATER AND SEWER REVENUE BONDS. 10. DISCUSSION OF THE ISSUANCE OF NEW STORMWATER REVENUE BONDS. 11. DISCUSSION REGARDING PROPOSED INTERCEPTOR GARAGE AT 1623 WEST AVENUE (LOT NO. P23). 12. DISCUSSION TO EXPLORE PLACING CAMERAS ON EVERY CORNER OF THE MXE (MIXED USE ENTERTAINMENT) DISTRICT AND ON THE BEACHWALK, AND INSTALLING EMERGENCY ACTIVATION BOXES ALONG THE BEACHWALK. 13. DISCUSS 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. Finance ACTION: 1. CREATION OF ECONOMIC DEVELOPMENT GOALS/OBJECTIVES AND CITYWIDE ECONOMIC DEVELOPMENT STRATEGY PLAN. Item not heard. No action was taken. 2. FUTURE USES OR POTENTIAL SALE OF VACANT CITY-OWNED LAND AT 226 87TH TERRACE. Item deferred to the May 19, 2017 Finance and Citywide Projects Committee meeting. 3. SKATE PARK/PARKING STRUCTURE AT 72ND STREET PARKING LOT. Finance & Citywide Projects Committee requested that the Commission move forward with a bid package for the 72nd Street lot, while simultaneously staff is to prepare several design options for the location of the garage. Further, the Committee sought to have a budget line item for design of the project included in the FY 2017/18 budget. They further requested that the 72nd street lot item be separated from any discussion on the larger scope of an area public space plan requested by the Mayor's North Beach Master Plan Steering Committee while sending the area public space plan back to the Steering Committee for clarification of what that committee would like included in the plan. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 29 of 138 4. DEVELOPMENT PARAMETERS - BARCLAY PLAZA APARTMENTS WORKFORCE HOUSING PROJECT. The Committee recommended moving forward with amending the prior Barclay Plaza Apartments workforce housing resolution to expand the eligibility to households earning between 80 and 140 percent AMI. The Committee directed staff to wait for the completion of the financial analysis by Concourse Group in order to establish base rents for the Barclay Plaza Apartments. The Committee recommended moving forward with establishing a minimum two-year tenure for workers within the City who wish to reside in the building. The Committee recommended moving forward and including the parking lot and pool area for development to maximize the number of units developed on site; recognizing that the City would prefer that there are good amenities on site. The Committee recommended moving forward with allowing for consideration the inclusion of a commercial accessory use as part of the development proposal to strengthen its financial viability. The Committee directed staff to use the eligible 537 City employees as a sample to calculate family composition in order to decide what mix of units to prefer on-site. 5. TRANSITIONING TO NON-GAS POWERED LEAF BLOWERS FOR CITY STAFF AND CONTRACTORS. The Committee recommended moving forward with the transition to non-gas powered leaf blowers. Existing gas-powered blowers would continue to be used until they reach the end of their useful life. 6. MAINTENANCE OF PUBLIC BATHROOMS CITYWIDE. Item deferred pending direction from the Neighborhood/Community Affairs Committee. 7. ONE CENT (0.01) FOOD & BEVERAGE TAX SUPPORTING PUBLIC SCHOOLS WITHIN MIAMI BEACH CITY LIMITS. Motion made by Commissioner Alemán to find funding for the existing enhancements in FY 2017 budget for the Dual Enrollment and Nurse Initiative programs (current and enhanced); seconded by Commissioner Malakoff. Motion made by Commissioner Malakoff to form a 501(c)(3) in the City of Miami Beach to fund public school education enhancements (Option 6); seconded by Commissioner Alemán. Motion made by Commissioner Alemán to provide a resolution to support M-DCPS legislative priorities including early childhood programs (VPK) and per child funding; seconded by Commissioner Arriola. 8. ENGAGING PILOT PROGRAM WITH A COST REDUCTION CONSULTANT. The Committee directed staff to work with departments to identify any other potential areas that can be looked at by a cost reduction consultant and bring those back to a future Committee meeting to provide further direction. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 30 of 138 9. ISSUANCE OF NEW MONEY AND REFUNDING WATER AND SEWER REVENUE BONDS. The Committee recommended proceeding with the issuance of new money and refunding the Series 2000 Water and Sewer Revenue Bonds. 10. ISSUANCE OF NEW STORMWATER REVENUE BONDS. The Committee recommended proceeding with the issuance of new Stormwater Revenue Bonds. 11. PROPOSED INTERCEPTOR GARAGE AT 1623 WEST AVENUE. Item not heard. No action was taken. 12. EXPLORE PLACING CAMERAS ON CORNER OF THE MXE DISTRICT AND BEACHWALK, AND INSTALLING EMERGENCY ACTIVATION BOXES ALONG THE BEACHWALK. Item not heard. No action was taken. 13. ARRANGEMENT WITH SABRINA COHEN FOUNDATION FOR CONSTRUCTION & OPERATION OF ADAPTIVE FITNESS CENTER. Item not heard. No action was taken. C7 - Resolutions C7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, TO ACCEPT A DONATION OF SPECIALIST OBSTACLES, TRAINING EQUIPMENT AND A K9 MEDICAL TRAINER, WITH AN APPROXIMATE TOTAL VALUE OF $33,500, FOR USE BY THE MIAMI BEACH POLICE DEPARTMENT'S K9 UNIT, FROM MIAMI BEACH K9 KNIGHTS, INC., A FLORIDA NOT - FOR-PROFIT CORPORATION DEDICATED TO THE PURCHASE OF TRAINED POLICE DOGS AND EQUIPMENT. Police ACTION: Resolution 2017-29801 adopted. Chief Daniel Oates to handle. C7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, MODIFYING RESOLUTION NO. 2016-29285 WHICH AUTHORIZED THE REIMBURSEMENT OF TUITION FEES FOR THE MIAMI-DADE SCHOOL OF JUSTICE BASIC LAW ENFORCEMENT ACADEMY ("POLICE ACADEMY") FOR POTENTIAL TRAINEES ("RECRUITS") OF THE MIAMI BEACH POLICE DEPARTMENT; AND, NOW, AUTHORIZING THE DIRECT PREPAYMENT TO THE POLICE ACADEMY OF TUITION FEES AND COSTS FOR NEW RECRUITS, AND FURTHER AUTHORIZING THE IMMEDIATE REIMBURSEMENT TO THOSE CURRENT RECRUITS OF THEIR TUITION FEES AND COSTS PREVIOUSLY PAID TO THE POLICE ACADEMY. Police ACTION: Resolution 2017-29802 adopted. Chief Daniel Oates to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 31 of 138 C7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING AND/OR AUTHORIZING THE FOLLOWING ACTIONS: (1) AUTHORIZING THE CITY MANAGER TO RECAPTURE $64,606.30 OF HOME INVESTMENT PARTNERSHIP (HOME) FUNDS PREVIOUSLY ALLOCATED TO MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION (MBCDC) FROM COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) RESERVE FUNDS, PURSUANT TO THE ACTION PLAN FOR FY 10/11 AND THE FY 2008-2012 CONSOLIDATED PLAN, AND TO REALLOCATE THESE FUNDS TO A MUNICIPAL CAPITAL PROJECT; (2) AUTHORIZING THE CITY MANAGER TO RECAPTURE $167,505.60 OF HOME FUNDS PREVIOUSLY ALLOCATED TO THE MADELEINE VILLAGE APARTMENTS PROJECT PURSUANT TO THE ACTION PLAN FOR FY 16/17 AND THE FY 2013-2017 CONSOLIDATED PLAN AND TO REALLOCATE THESE FUNDS TO THE LOTTIE APARTMENTS REHABILITATION PROJECT; (3) AUTHORIZING THE CITY MANAGER TO RECAPTURE $65,029.56 OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM FY 14/15 AND 15/16, WHICH CDBG FUNDS WERE PREVIOUSLY ALLOCATED PURSUANT TO THE ACTION PLAN FOR FY 15/16, AND REALLOCATE THESE FUNDS TO THE CITY'S MADELEINE VILLAGE APARTMENTS; (4) AUTHORIZING THE CITY MANAGER TO RECAPTURE $20,978 OF CDBG FUNDS PREVIOUSLY ALLOCATED TO THE BOYS AND GIRLS CLUBS OF MIAMI -DADE, INC., PURSUANT TO THE ACTION PLAN FOR FY 09/10, AND TO REALLOCATE THESE FUNDS TO THE NEPTUNE APARTMENTS; (5) APPROVING AN AMENDMENT TO RESOLUTION NO. 2014-28476 TO CORRECT ACTUAL EXPENDITURES BY RETROACTIVELY APPROVING THE ALLOCATION OF $568,799 of CDBG FUNDS TO THE REHABILITATION OF THE LONDON HOUSE APARTMENTS AS FOLLOWS: $125,643 FROM UNALLOCATED MULTIPLE PRIOR YEARS AND $443,156 FROM FY 13/14; (6) APPROVING AN AMENDMENT TO THE FY 14/15 ACTION PLAN, WHICH WAS APPROVED PURSUANT TO RESOLUTION NO. 2014-28635, TO REFLECT THAT $433,646 OF FY 14/15 CDBG FUNDS WERE ALLOCATED TO FUND PUBLIC FACILITIES IMPROVEMENTS; (7) AUTHORIZING THE CITY MANAGER TO RECAPTURE $69,063.90 OF HOME CHDO FUNDS FROM FY 14/15, PREVIOUSLY ALLOCATED TO CARRFOUR SUPPORTIVE HOUSING, INC.'S HARDING VILLAGE APARTMENTS, AND TO REALLOCATE THE FUNDS TO THE CITY'S CHDO FUND; (8) REPEALING RESOLUTION NO. 2014-28798, WHICH ORIGINALLY AWARDED $122,492.44 OF HOME FUNDS TO THE HARDING VILLAGE APARTMENTS PROJECT BUT WERE SUBSEQUENTLY NOT NEEDED FOR THAT PROJECT, AND RETROACTIVELY AUTHORIZING THE CITY MANAGER TO ALLOCATE THOSE FUNDS TO THE LONDON HOUSE APARTMENTS; (9) AUTHORIZING T HE CITY MANAGER TO RECAPTURE $64,149.44 OF FY 14/15 HOME FUNDS NOT EXPENDED FROM THE LONDON HOUSE REHABILITATION PROJECT, AND TO REALLOCATE THESE FUNDS TO THE LOTTIE APARTMENTS REHABILITATION PROJECT; (10) APPROVING AN AMENDMENT TO RESOLUTION NO. 2014-28877 TO REFLECT THAT $651,455 OF CDBG FUNDS WERE RECAPTURED FROM FY 12/13 THROUGH FY 14/15 AND WERE ALLOCATED FOR THE CITY'S ACQUISITION OF MULTIPLE MULTIFAMILY RESIDENTIAL RENTAL BUILDINGS PREVIOUSLY OWNED BY MBCDC; (11) APPROVING AN AMENDMENT TO THE FY 2013-2017 CONSOLIDATED PLAN TO ADD ADDITIONAL SUB-RECIPIENT SELECTION METHODS AND TO REFLECT ALL OF THESE AMENDMENTS; (12) AUTHORIZING THE CITY MANAGER TO SUBMIT THE REQUISITE REVISED ACTION PLANS AND CONSOLIDATED PLANS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AND (13) FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS OR AGREEMENTS. Housing and Community Services After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 32 of 138 ACTION: Resolution 2017-29803 adopted. Maria Ruiz to handle. C7 D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2017-007-AK, FOR NOISE, ACOUSTIC AND SOUND CONSULTING SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE SOLE PROPOSER, ARPEGGIO ACOUSTIC CONSULTING LLC., AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. Planning/Procurement ACTION: Resolution 2017-29804 adopted. Thomas Mooney and Alex Denis to handle. C7 E A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY OF MANAGER, APPROVING AMENDMENT NO. 1 TO INVITATION TO BID (Business Improvement District) (ITB) NO. 2015-182-JR FOR CITY HALL HEATING, VENTILATION AND AIR CONDITIONING (HVAC) & VARIABLE FREQUENCY DRIVE (VFD) REPLACEMENT. Property Management ACTION: Resolution 2017-29805 adopted. Adrian Morales to handle. C7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE MEMORANDUM OF UNDERSTANDING (MOU), IN A FORM ACCEPTABLE TO THE CITY MANAGER AND THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI BEACH, THE MIAMI BEACH CHAMBER OF COMMERCE, NORTH BAY VILLAGE, THE TOWN OF BAY HARBOR ISLANDS, THE TOWN OF SURFSIDE, AND BAL HARBOUR VILLAGE TO SUPPORT AN ENHANCED NURSE INITIATIVE FOR THE 2017/2018 SCHOOL YEAR AND AUTHORIZING THE APPROPRIATION OF $15,400 FROM THE MIAMI BEACH EDUCATION COMPACT FUND FOR THE CITY OF MIAMI BEACH'S PROPORTIONATE SHARE OF FUNDING FOR THE NURSE ENHANCEMENT INITIATIVE SUBJECT TO APPROVAL IN THE CITY'S FY2017/18 ANNUAL BUDGET. Organization Development Performance Initiatives ACTION: Resolution 2017-29806 adopted. Dr. Leslie Rosenfeld to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 33 of 138 C7 G 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 AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING (MOU), IN A FORM ACCEPTABLE TO THE CITY MANAGER AND THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH CHAMBER EDUCATION FOUNDATION INC., FOR THE EXTENSION OF THE MIAMI BEACH NURSE ENHANCEMENT INITIATIVE FOR BEHAVIORAL HEALTH SERVICES (THE "INITIATIVE") FOR MIAMI BEACH SENIOR HIGH SCHOOL, NAUTILUS MIDDLE SCHOOL, FIENBERG-FISHER K-8 CENTER, BISCAYNE ELEMENTARY SCHOOL, AND SOUTH POINTE ELEMENTARY SCHOOL; SAID AMENDMENT NO. 1 TO THE MOU PROVIDING FOR INITIATIVE SERVICES FOR THE 2017/2018 SCHOOL YEAR; AND, FURTHER, AUTHORIZING THE CONSIDERATION OF $53,600 IN FUNDING FROM THE CITY'S 2016/2017 FISCAL YEAR ANNUAL BUDGET FOR THE CITY'S CONTRIBUTION TO THE INITIATIVE FOR THE 2017/2018 SCHOOL YEAR. Organizational Development Performance Initiatives Commissioner Micky Steinberg ACTION: Resolution 2017-29807 adopted. Dr. Leslie Rosenfeld to handle. C7 H A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH MIAMI-DADE COUNTY, THE CITY OF MIAMI, FLORIDA INTERNATIONAL UNIVERSITY, UNIVERSITY OF MIAMI, AND MIAMI - DADE COLLEGE TO RESEARCH, DEVELOP, AND DEPLOY SOLUTIONS TO COMMUNITY RESILIENCE CHALLENGES, CONSISTENT WITH THE LETTER OF INTENT EXECUTED BY THE PARTIES ON SEPTEMBER 19, 2016. Organization Development Performance Initiatives Commissioner Ricky Arriola ACTION: Resolution 2017-29808 adopted. Dr. Leslie Rosenfeld to handle. C7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, AMENDMENT NO. 2 TO THE AGREEMENT, DATED MARCH 19, 2015, BETWEEN THE CITY, THE MIAMI-DADE COUNTY SCHOOL BOARD, AND FLORIDA INTERNATIONAL UNIVERSITY TO PROVIDE DUAL ENROLLMENT COURSES FOR COLLEGE CREDIT FOR 11TH AND 12TH GRADE STUDENTS ATTENDING MIAMI BEACH SENIOR HIGH SCHOOL; SAID AMENDMENT, IN MATERIAL PART, EXTENDING THE TERM OF THE AGREEMENT TO JUNE 30, 2018 AND INCREASING THE CITY'S CONTRIBUTION TO THE PROGRAM, IN AN AMOUNT NOT TO EXCEED $62,000 PER FISCAL YEAR, COMMENCING WITH THE THIRD YEAR OF THE PROGRAM (2017-2018 SCHOOL YEAR), SUBJECT TO BUDGET APPROPRIATION. Organizational Development Performance Initiatives ACTION: Resolution 2017-29809 adopted. Dr. Leslie Rosenfeld to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 34 of 138 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, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, AMENDMENT NO. 1 TO THE AGREEMENT, DATED JANUARY 4, 2017, BETWEEN THE CITY, MIAMI-DADE COUNTY SCHOOL BOARD, AND MIAMI DADE COLLEGE TO PROVIDE DUAL ENROLLMENT COURSES FOR COLLEGE CREDIT FOR EIGHTH GRADE STUDENTS ATTENDING NAUTILUS MIDDLE SCHOOL AND FIENBERG FISHER K-8 CENTER, AND FOR 9TH AND 10TH GRADE STUDENTS ATTENDING MIAMI BEACH SENIOR HIGH SCHOOL; SAID AMENDMENT, IN MATERIAL PART, EXTENDING THE TERM OF THE AGREEMENT TO JUNE 30, 2018 AND INCREASING THE CITY'S CONTRIBUTION TO THE PROGRAM, IN AN AMOUNT NOT TO EXCEED $28,000 PER FISCAL YEAR, COMMENCING WITH THE SECOND YEAR OF THE PROGRAM (2017-2018 SCHOOL YEAR), SUBJECT TO BUDGET APPROPRIATION. Organizational Development Performance Initiatives ACTION: Resolution 2017-29810 adopted. Dr. Leslie Rosenfeld to handle. C7 K A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, AMENDMENT NO 2 TO THE AGREEMENT, DATED AUGUST 15, 2014, BETWEEN THE CITY AND THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES (FIU) FOR THE MIAMI BEACH ARCHIVES DIGITALIZATION PROJECT; SAID AMENDMENT: (1) EXTENDING THE PROJECT PERIOD TO AUGUST 31, 2018; (2) INCREASING THE SCOPE OF THE PROJECT TO INCLUDE DIGITALLY SCANNING/OCR (OPTICAL CHARACTER RECOGNITION) AND ARCHIVING HISTORICAL ORDINANCES FROM 1915 THROUGH 1989 AND APPROXIMATELY 15,000 ADDITIONAL IMAGES; AND (3) INCREASING THE CONTRACT SUM BY AN AMOUNT NOT TO EXCEED $60,000, FOR A TOTAL CONTRACT PRICE NOT TO EXCEED $273,543.22. Office of the City Clerk ACTION: Resolution 2017-29811 adopted. Rafael E. Granado to handle. Handouts and Reference Materials: 1. Email from Daniel Ciraldo Daniel@mdlpl.org dated April 21, 2017, RE: FIU Additional Scanning of City Ordinances – Item C7 K. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 35 of 138 C7 L 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, FUNDING REQUESTS AND AGREEMENTS: 1) KNIGHT FOUNDATION, COMMUNITY AND NATIONAL INITIATIVES PROGRAM, IN THE APPROXIMATE AMOUNT OF $61,000; 2) NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA) IN THE APPROXIMATE AMOUNT OF $371,780; 3) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, 2018 319(h) NONPOINT SOURCE (NPS) GRANTS, IN THE APPROXIMATE AMOUNT OF $60,000; 4) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA), DEPARTMENT OF COMMERCE, NOAA COASTAL RESILIENCE GRANT, IN THE APPROXIMATE AMOUNT OF $520,000; 5) MIAMI-DADE COUNTY, CAPITAL DEVELOPMENT GRANT, IN THE APPROXIMATE AMOUNT OF $30,000 FOR BANDSHELL LIGHTING IMPROVEMENTS AND IF AWARDED, AUTHORIZING THE CITY TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE RHYTHM FOUNDATION REFLECTING THAT THE RHYTHM FOUNDATION WILL PROVIDE THE CASH MATCH FOR THE GRANT; 6) FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, SMALL MATCHING GRANTS, IN THE APPROXIMATE AMOUNT OF $50,000; 7) FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), TRAFFIC RECORDS AREA, IN THE APPROXIMATE AMOUNT OF $258,300; 8) FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), TRAFFIC RECORDS COORDINATING COMMITTEE, IN THE APPROXIMATE AMOUNT OF $258,300; 9) FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), OCCUPANT PROTECTION AND CHILD PASSENGER SAFETY AREA, IN THE APPROXIMATE AMOUNT OF $60,000; 10) FLORIDA INLAND NAVIGATION DISTRICT, WATERWAY ASSISTANCE PROGRAM, IN THE AMOUNT OF $1,000,000 FOR INDIAN CREEK SHORELINE STABILIZATION AND GREENWAY PROJECT (PHASE 2); 11) FLORIDA INLAND NAVIGATION DISTRICT, WATERWAY ASSISTANCE PROGRAM, IN THE AMOUNT OF $800,000 FOR MAURICE GIBB PUBLIC SHORELINE STABILIZATION PROJECT; 12) FLORIDA INLAND NAVIGATION DISTRICT, WATER WAY ASSISTANCE PROGRAM, IN THE AMOUNT OF $700,000 FOR INDIAN BEACH PARK PROJECT; 13) FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), TRANSPORTATION ALTERNATIVES PROGRAM, IN THE APPROXIMATE AMOUNT OF $1,000,000; 14) NATIONAL ASSOCIATION OF REALTORS (NAR) AND THE MIAMI ASSOCIATION OF REALTORS IN THE APPROXIMATE AMOUNT OF $5,000; 15) PUBLIC SPACE CHALLENGE, THE MIAMI FOUNDATION, OUR MIAMI PROGRAM; AND, 16) APPROVAL TO EXECUTE A CONTRACT IN THE AMOUNT OF $90,000 WITH THE MIAMI BEACH VISITOR AND CONVENTION AUTHORITY. Budget and Performance Improvement ACTION: Resolution 2017-29812 adopted. Cintya G. Ramos to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 36 of 138 9:28:18 a.m. 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 EXECUTE AMENDMENT NO. 7 TO THE AGREEMENT, DATED OCTOBER 10, 2014, BETWEEN THE CITY OF MIAMI BEACH AND TYLER TECHNOLOGIES, INC., FOR THE REPLACEMENT OF THE CITY'S ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM AND THE CITY'S PERMITTING SYSTEM, TO INCREASE THE AMOUNT OF PROJECT MANAGEMENT SERVICES TO BE PROVIDED BY TYLER. Information Technology ACTION: Resolution 2017-29813 adopted. Item referred to the Finance & Citywide Projects Committee. Item separated by Commissioner Grieco. Motion made by Commissioner Grieco to approve the Resolution; seconded by Commissioner Alemán. Voice-vote: 6-0; Absent: Mayor Levine. Ariel Sosa and Mark Taxis to handle. REFERRAL: Finance & Citywide Projects Committee To Perform Gap Assessment. John Woodruff to place on the Finance & Citywide Projects Committee agenda. Identify current and previous software. Mark Taxis and Mariano Fernandez to handle. Invite Tyler Technologies representative to the Finance & Citywide Projects Committee to explain software gaps. Ariel Sosa to handle. MOTION NO. 1: Motion made by Commissioner Grieco to approve the Resolution; seconded by Commissioner Alemán. Voice-vote: 6-0; Absent: Mayor Levine. MOTION NO. 2: Motion made by Commissioner Alemán, seconded by Commissioner Grieco, directing Assistant City Manager Taxis and Building Director Mariano Fernandez, to work together and identify what was available with the previous software versus the current software; as well as what was originally requested by the City and what has been delivered, and have a representative from Tyler Technologies come before the Finance & Citywide Projects Committee and explain what they will do to bridge the gaps in the software, so the City can offer the required services. Voice vote: 6-0; Absent: Mayor Levine. John Woodruff to place on the Committee agenda. Mark Taxis and Mariano Fernandez to handle. Commissioner Grieco highlighted that this will be the seventh amendment to this agreement. Tyler Technologies is the current vendor for Enterprise Resource Planning (ERP) for City employees, and the online permitting software for residents and businesses. A frequent complaint he and other Commissioners receive is regarding the Citizen Access Portal. He does not want to point fingers at staffers for the software difficulties, but it needs to be addressed. He added that the Village of Key Biscayne and the City of Hollywood have both terminated their agreements with Tyler Technologies. He believes the City is using outdated software and methods. Vice-Mayor Rosen Gonzalez asked Assistant City Manager Taxis how much money the City has spent on what she considers a very flawed system. Mark Taxis, Assistant City Manager, explained that he does not have the exact figures, but it is a multimillion-dollar project. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 37 of 138 Vice-Mayor Rosen Gonzalez stated that she consistently gets complaints on the system. Other large institutions are changing to software companies like PeopleSoft. She believes the current system is completely fragmented. She addressed the website update project, and she is pleased with it, but the City needs a comprehensive ERP. Commissioner Arriola stated that he has received many complaints on the system, but he is not very familiar with it. He elaborated on how he has experienced situations in the private sector, where it is important for board members to ask the professional recommendation of staffers regarding certain matters. Mistakes were probably made in choosing this software, and it is important to determine whether the City should continue down the Tyler Technologies path, or cut its losses and move on. He addressed Assistant City Manager Taxis and asked his professional opinion whether he has lost confidence with the current program. Assistant City Manager Taxis replied that he has not lost confidence in the program or the vendor. He explained how all of the permitting software had to be transferred to the new system. This has been a three-year project that has been very laborious. There have been challenges in the Building Department aspect of the ERP. He believes the problem is with people being unfamiliar with the software. He believes at this point most Departments are moving forward. Vice-Mayor Rosen Gonzalez asked to hear from Building Director Mariano Fernandez, and his opinion on the software, especially regarding finding historical permits. Mariano Fernandez, Building Department Director, stated that they have been working with the system, and there are aspects that can be improved, and they have been working with the vendor to correct them, especially for the public. He stated that the previous software was very user friendly in the way people could obtain information, and that is where the problems lies, people got too used to that system. They are in the process of making the current system better and friendlier. Vice-Mayor Rosen Gonzalez stated that she has received complaints that historical information on properties is not available, and people have in fact been charged thousands of dollars for the documents. Building Director Fernandez stated that his Department has specific orders to produce any information requested at no charge due to Energov. If residents were charged money for the information he would have to look into it, but most likely, the complaint arose from a lack of communication. Vice-Mayor Rosen Gonzalez stated that technology is supposed to make work easier, yet she does not believe this software is doing that. Building Director Fernandez stated that the City had to change software, because the Permits Plus vendor would no longer support Miami Beach. Commissioner Grieco stated that he is not suggesting immediately doing away with the current software, but he is bringing this up now because there will be elections in November, and the new City Commission will most likely bring up the software issue. He reiterated his dissatisfaction with the software, as he and the other Commissioners have had to adjust the way they do business to be able to use this inflexible software. Currently, people expect software and frameworks that adjust to the way they do business, not the After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 38 of 138 other way around. Technology transfers should not take three years, when the private sector could handle this in a month. He will move the item, but does not believe this is the way the “seamless” Miami Beach government should be running. Commissioner Arriola thanked Commissioner Grieco for pulling the item. He once again addressed staff, and let them know that mistakes happen and it is alright to admit it so that the problem can be corrected; but if the City continues down the path of this software, and problems persist after we had the chance to change direction, there will be “Hell to pay.” Vice-Mayor Rosen Gonzalez would like research to be done on what software other municipalities are using for their Building Departments. Mark Taxis to handle. City Manager Morales stated that the item before the Commission is within the terms of the contract. He shares the frustration many people have experienced with the new system, and reminded the City Commission that the City had no choice on the matter, the original vendor would no longer offer services to Miami Beach. City staffers have been working hard with Tyler Technologies to improve the software, but there is no silver bullet out there that will fix all of the problems. Miami Beach has one of the busiest and most complex Building Departments because of the multiple Planning and Land Use Boards, and City Codes. Commissioner Alemán stated that she has spoken to Assistant City Manager Taxis, Building Director Fernandez, and City Manager Morales several times on whether they are ready to switch programs. She understands that software selection is very difficult, especially when the marketing teams can make any program sound so appealing. She motioned to have Assistant City Manager Taxis and Mr. Mariano Fernandez to work together and identify what was available with the previous software versus the current software, as well as what was originally requested by the City and what has been delivered, and have a representative from Tyler Technologies come before the Finance & Citywide Projects Committee and explain what they will do to bridge the gaps in the software so the City can offer the required services; seconded by Commissioner Grieco. Voice-vote: 6-0; Absent: Mayor Levine. John Woodruff to place on the Committee Agenda. Mark Taxis and Mariano Fernandez to handle. Motion made by Commissioner Grieco to approve the Resolution; seconded by Commissioner Alemán. Voice-vote: 6-0; Absent: Mayor Levine. Ariel Sosa to handle. C7 N A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE & CITYWIDE PROJECTS COMMITTEE AT ITS FEBRUARY 17, 2017 MEETING TO ADD THE CREATION OF A POCKET PARK ON 20TH STREET AND SUNSET DRIVE, INCLUDING A DOG PARK, TO THE FY 2018 CAPITAL BUDGET, SUBJECT TO FUNDING AVAILABILITY. Parks and Recreation Commissioners Ricky Arriola & Vice-Mayor Kristen Rosen Gonzalez ACTION: Resolution 2017-29814 adopted. John Rebar to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 39 of 138 C7 O A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS MARCH 17, 2017 MEETING AND APPROVING THE TEMPORARY RELOCATION OF THE PLAYGROUND AT MAURICE GIBB MEMORIAL PARK TO BELLE ISLE PARK, WITH ALL COSTS OF THE PLAYGROUND RELOCATION BEING FUNDED FROM THE CURRENT MAURICE GIBB MEMORIAL PARK PROJECT BUDGET. Parks and Recreation Vice-Mayor Kristen Rosen Gonzalez ACTION: Resolution 2017-29815 adopted. John Rebar to handle. C7 P A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS MARCH 17, 2017 MEETING APPROVING THE PLACEMENT OF A PLAQUE AT THE NORMANDY ISLE POOL COMMEMORATING THE CONTRIBUTIONS OF THE LATE MR. WARREN GREEN, A LONGTIME CITY POOL MANAGER AND, PURSUANT TO SECTION 82-504 OF THE CITY CODE, SETTING A PUBLIC HEARING FOR MAY 17, 2017 TO CONSIDER THE PLACEMENT OF A PLAQUE AT THE NORMANDY ISLE POOL COMMEMORATING MR. WARREN GREEN AND DIRECTING THE CITY CLERK TO PUBLISH THE APPROPRIATE PUBLIC NOTICE. Parks and Recreation Commissioner Michael Grieco ACTION: Resolution 2017-29816 adopted. John Rebar to handle. C7 Q A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS FEBRUARY 17, 2017 MEETING AND APPROVING THE ADDITION OF TWO PART-TIME PARK RANGER POSITIONS AT THE NORTH SHORE PARK AND YOUTH CENTER FROM SALARY SAVINGS IN THE CURRENT FY 2016-2017. Parks and Recreation Commissioner John Elizabeth Alemán ACTION: Resolution 2017-29817 adopted. John Rebar to handle. C7 R A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REQUESTING THAT THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS AMEND CHAPTER 30 OF THE MIAMI-DADE COUNTY CODE TO EXPAND COUNTYWIDE RESTRICTIONS ON ENGINE IDLING TO PROHIBIT OPERATORS OF MOTOR VEHICLES FROM IDLING EVEN WHEN A VEHICLE IS OCCUPIED. Office of the City Attorney Commissioner Micky Steinberg ACTION: Resolution 2017-29818 adopted. Jose Gonzalez to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 40 of 138 C7 S A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE, WHICH WAS ISSUED AT THE MARCH 17, 2017 MEETING, AND RECOMMENDS THAT THE MAYOR AND CITY COMMISSION NOT APPROVE OR AUTHORIZE ANY COMMERCIAL BUSINESS CONCESSION AGREEMENT(S) FOR THE BARRY KUTUN BOAT RAMP. Parks and Recreation ACTION: Item moved to Regular Agenda. City Clerk’s Note: Item moved to R7 W. C7 T A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY TO ACCEPT THE DONATION OF UP TO 28 HOTEL ROOM NIGHTS FROM THE RITZ CARLTON SOUTH BEACH AND LOEWS MIAMI BEACH FOR MEMORIAL DAY WEEKEND. Tourism, Culture and Economic Development ACTION: Resolution 2017-29819 adopted. Eva Silverstein to handle. C7 U 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 SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, AMENDMENT NO. 4 TO THE AGREEMENT, DATED OCTOBER 17, 2001, BETW EEN THE CITY AND CLEAR CHANNEL OUTDOOR, INC., CURRENTLY ON A MONTH TO MONTH TERM (EXTENDED TERM); SAID AMENDMENT APPROVING SANCHEZ ARANGO CONSTRUCTION CO, AS A SUBCONTRACTOR OF CLEAR CHANNEL UNDER THE AGREEMENT; AND FURTHER APPROVING THE CITY'S FIFTY PERCENT (50%) CONTRIBUTION TOWARD THE TOTAL COST OF THE REMOVAL OF TWO (2) BUS SHELTERS AND REINSTALLATION OF FOUR (4) BUS SHELTERS BY SUBCONTRACTOR AS A RESULT OF ROADWAY CONSTRUCTION PROJECTS, IN AN AMOUNT NOT TO EXCEED $95,000, PURSUANT TO THE PARTIES AGREEMENT (AS MEMORIALIZED IN AMENDMENT NO. 3 TO THE AGREEMENT) TO EQUALLY SHARE THIS COST DURING THE EXTENDED TERM. Transportation ACTION: Resolution 2017-29820 adopted. Jose Gonzalez to handle. C7 V A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SUPPORTING THE NATIONAL PARENT TEACHER ASSOCIATION'S (PTA) RESOLUTION ON LGBTQ INDIVIDUALS AS A PROTECTED CLASS AND ADOPTING A POLICY OF INCLUSIVENESS WITH REGARD TO LGBTQ YOUTH IN ALL CITY-OPERATED, CITY-SPONSORED, AND CITY-PARTNERED YOUTH PROGRAMMING. Office of the City Attorney Commissioner Micky Steinberg & Co-sponsored by Commissioner John E. Alemán ACTION: Resolution 2017-29821 adopted. John Rebar to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 41 of 138 C7 W A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SUPPORTING FLORIDA HOUSE BILL (HB) 93 AND COMPANION SENATE BILL (SB) 162, WHICH WOULD AUTHORIZE THE ESTABLISHMENT OF A TWO-AND-A-HALF-YEAR PILOT PROGRAM BY COASTAL MUNICIPALITIES WITH A POPULATION LESS THAN 100,000 TO REGULATE OR BAN DISPOSABLE PLASTIC BAGS; AND, ALTERNATIVELY, SHOULD THESE BILLS NOT BE ADOPTED, URGING THE REPEAL OF SECTION 403.7033, FLORIDA STATUTES, SO THAT LOCAL GOVERNMENTS ARE NO LONGER PREEMPTED FROM ENACTING LEGISLATION RELATING TO THE REGULATION OF DISPOSABLE PLASTIC BAGS. Office of the City Attorney Commissioner Michael Grieco ACTION: Resolution 2017-29822 adopted. Margarita Wells to handle. C7 X A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE WITH RESPECT TO CERTAIN ELEMENTS PERTAINING TO THE DEVELOPMENT OF THE BARCLAY PLAZA BUILDING, LOCATED AT 1940 PARK AVENUE, AS A WORKFORCE HOUSING PROJECT ("PROJECT"), INCLUDING INCOME LIMITS, EMPLOYMENT TENURE, INCLUSION OF POOL AREA AND PARKING LOT, AND CONSIDERATION OF A COMMERCIAL COMPONENT FOR THE PROJECT; AND PROVIDING THAT THE ISSUANCE OF A REQUEST FOR PROPOSALS FOR THE DEVELOPMENT OF THE PROJECT, INCORPORATING THE ELEMENTS APPROVED HEREIN, SHALL BE SUBJECT TO THE ADVANCE APPROVAL OF THE MAYOR AND CITY COMMISSION. Housing and Community Services ACTION: Resolution 2017-29823 adopted. Maria Ruiz to handle. SUPPLEMENTAL MATERIAL 2: 2017 FEDERAL LEGISLATIVE PRIORITIES C7 Y A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE CITY'S FISCAL YEAR 2017/18 FEDERAL LEGISLATIVE AGENDA. Office of the City Attorney Mayor Philip Levine ACTION: Resolution 2017-29824 adopted. Marcia Monserrat and Judy Hoanshelt to handle. C7 Z A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING FLORIDA GOVERNOR RICK SCOTT AND THE FLORIDA LEGISLATURE TO INCREASE PER PUPIL EDUCATION FUNDING IN FLORIDA PUBLIC SCHOOLS TO EQUAL OR EXCEED THE NATIONAL AVERAGE OF APPROXIMATELY $11,009 PER PUPIL. Office of the City Attorney Commissioner Micky Steinberg ACTION: Resolution 2017-29825 adopted. Dr. Leslie Rosenfeld to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 42 of 138 C7 AA A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE FOLLOWING RECOMMENDATIONS OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE: TO SUPPORT THE 2017 MIAMI DADE COUNTY PUBLIC SCHOOLS' STATE AND FEDERAL LEGISLATIVE PRIORITIES; TO URGE FLORIDA GOVERNOR RICK SCOTT AND THE FLORIDA LEGISLATURE TO INCREASE PER PUPIL EDUCATION FUNDING IN FLORIDA PUBLIC SCHOOLS TO EQUAL OR EXCEED THE NATIONAL AVERAGE OF APPROXIMATELY $11,009 PER PUPIL AND TO CONTINUE TO FUND EARLY CHILDHOOD EDUCATION PROGRAMS; AND, TO FORM A 501(c)(3) ORGANIZATION TO FUND MIAMI BEACH PUBLIC SCHOOL EDUCATION ENHANCEMENTS. Organizational Development Performance Initiatives Commissioners Joy Malakoff, John Elizabeth Alemán & Ricky Arriola ACTION: Resolution 2017-29826 adopted. Dr. Leslie Rosenfeld to handle. ADDENDUM MATERIAL 1 C7 AB A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SUPPORTING SENATE BILL 1590 THAT PROVIDES A MINIMUM OF THE LESSER OF 7.6% OR $50 MILLION ANNUALLY FOR PROJECTS THAT PRESERVE AND REPAIR THE STATE’S BEACHES, AND ENCOURAGING THE FLORIDA HOUSE OF REPRESENTATIVES TO MODEL COMPANION HOUSE BILL 1213 AFTER SENATE BILL 1590. Office of the City Attorney Commissioner Michael Grieco ACTION: Resolution 2017-29827 adopted. Margarita Wells and Marcia Monserrat to handle. 9:03:45 a.m. ADDENDUM MATERIAL 1 C7 AC A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7TH VOTE, THE RESIDENCY REQUIREMENT FOR REAGAN PACE SO THAT SHE MAY CONTINUE TO SERVE ON THE PLANNING BOARD IN ACCORDANCE WITH SECTION 118-53(D) OF THE CITY CODE. Office of the City Attorney Commissioner John Elizabeth Alemán ACTION: Item withdrawn. Item separated by Commissioners Alemán and Arriola. Commissioner Arriola is concerned in not having a resident of Miami Beach on the Planning Board. Commissioner Arriola thinks highly of Reagan Pace, however, he stated that this is for the General Business position and there are other people qualified who could fill the slot. His preference is for a Miami Beach resident to occupy this seat, especially since it is for the Planning Board. Commissioner Alemán agreed; however, she stated that Ms. Pace has served admirably on the Planning Board, and suggested allowing her to serve until after the November elections to allow the new Mayor to have a voice in the appointment. They can appoint a new member now, but in six months or so there will be three new seats in the dais. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 43 of 138 Commissioner Malakoff also agreed with Commissioner Arriola but suggested allowing Ms. Pace to finish her term until December 31, 2017, and not have the position filled for a short period when the term of this position will be over December 31. City Attorney Raul J. Aguila stated that the expiration of the term is December 31 2018. Commissioner Alemán stated that she was under the impression that end of term was at the end of this year, on December 31, 2017. Upon clarification on the term ending, Commissioner Alemán withdrew the item. 9:06:34 a.m. ADDENDUM MATERIAL 2 C7 AD A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE FOLLOWING IN CONNECTION WITH THE 2017 WORLD OUTGAMES, TO BE HELD IN MIAMI BEACH, FROM MAY 26, 2017 THROUGH JUNE 4, 2017 (THE "EVENT"): THE WAIVER OF RENTAL FEES FOR HALLS A AND B AT THE MIAMI BEACH CONVENTION CENTER, IN AN AMOUNT NOT TO EXCEED $143,000.00; THE WAIVER OF FLAMINGO PARK RENTAL/USER FEES, IN AN AMOUNT NOT TO EXCEED $3,750.00; THE WAIVER OF SPECIAL EVENT PERMIT APPLICATION, PERMIT, AND SQUARE FOOTAGE FEES, IN AN AMOUNT NOT TO EXCEED $30,000.00; AND FURTHER, AMENDING RESOLUTION NO. 2014-28492, TO ELIMINATE THE REQUIREMENT FOR THE MIAMI BEACH - MIAMI LGBT SPORTS AND CULTURAL LEAGUE, INC., THE EVENT ORGANIZER, TO REIMBURSE THE CITY $50,000.00, WITH RESPECT TO THE CITY'S PRIOR $100,000.00 GRANT TO THE EVENT ORGANIZER, IN SUPPORT OF THE EVENT. Tourism, Culture and Economic Development ACTION: Resolution 2017-29828 adopted as amended. Item separated by Commissioner Alemán. Motion made by Commissioner Malakoff to waive the fees and forgive the $50,000 loan, and in return the World Outgames will not use the Miami Beach Convention Center for this year’s event; seconded by Commissioner Steinberg. Voice vote: 6-0. Absent: Mayor Levine. Eva Silverstein to handle. Commissioner Alemán stated that the item as written had four $100,000 payments tied to particular milestones achieved by the World Outgames. The World Outgames is supposed to return $50,000 as part of a loan repayment, but she would like to discuss forgiving the loan. City Manager Morales stated that the World Outgames has had issues with fundraising, and as such, he does not recommend at this point changing the milestone requirements for the next two $100,000 payments. The first milestone is reached when they raise $1,000,000; and the second is achieved when they raise $2,000,000. The City should assist in terms of the $50,000 loan forgiveness and fee waivers. Commissioner Alemán stated that the World Outgames is f our to five weeks away. She does not want the City Commission to be put in a position of being obligated to modify the agreement to provide an additional $100,000 donation under different terms. Commissioner Arriola asked how much money was budgeted for the event. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 44 of 138 City Manager Morales explained that the City has provided two payments of $100,000; $50,000 of which was a loan supposed to be repaid by the World Outgames as a loan. The other two $100,000 payments cannot be released unless the milestones are reached, and they do believe they will reach the $1,000,000 mark soon. Discussion continued. Commissioner Malakoff stated that she would like to forgive the $50,000 loan repayment so long as the World Outgames agrees not to use the Convention Center for their events, because it would be in the City’s best interest to keep working on the Convention Center. Ivan Cano, CEO of the World Outgames, agreed with what Commissioner Malakoff stated and will look for other venues for the event. He stated that the World Outgames would like to remain in Miami Beach, but they are also looking for additional venues such as the University of Miami for the indoor volleyball and badminton events. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 45 of 138 REGULAR AGENDA R5 - Ordinances 10:09:51 a.m. R5 A PACKAGE LIQUOR STORE DISTANCE SEPARATION: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6, "ALCOHOLIC BEVERAGES", ARTICLE I, "IN GENERAL", SECTION 6-4, "LOCATION AND USE RESTRICTIONS", TO AMEND AND INCREASE THE DISTANCE SEPARATION BETWEEN RETAIL STORES FOR OFF-PREMISES CONSUMPTION FROM 300 FEET TO 1500 FEET; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:00 a.m. Second Reading Public Hearing Planning First Reading PH on March 1, 2017 - R5 N Commissioner Joy Malakoff and Co-Sponsored by Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Item opened and continued to the May 17, 2017 Commission Meeting by acclamation, to consider on First Reading Public Hearing the amended Ordinance distributed on the dais. 6-0: Absent: Mayor Levine. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to handle. AMENDED ORDINANCE TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6, "ALCOHOLIC BEVERAGES", ARTICLE I, "IN GENERAL", SECTION 6-4, "LOCATION AND USE RESTRICTIONS", TO AMEND AND INCREASE THE DISTANCE SEPARATION BETWEEN RETAIL STORES FOR OFF-PREMISES CONSUMPTION FROM 300 FEET TO 1500 FEET; AND TO AUTHORIZE THE PLANNING BOARD TO GRANT A CONDITIONAL USE PERMIT TO OPERATE A RETAIL STORE FOR OFF-PREMISES CONSUMPTION AT A LESSER DISTANCE, PROVIDED THAT IN NO EVENT SHALL SUCH A STORE OPERATE AT A DISTANCE LESS THAN 700 FEET FROM AN EXISTING STORE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. Thomas Mooney, Planning Department Director, explained that this is a text amendment to Chapter 6, approved at first reading on March 1, 2017. The item increases the minimum distance separation Citywide for package stores from the current 300 feet to 1,500 feet. Commissioner Arriola moved to approve the proposal of 1,500 foot separation between liquor stores, and offered a friendly amendment, to allow an applicant to apply for a Conditional Use Permit (CUP), if they wish to open a liquor store within 1,500 feet of another liquor store; however, that CUP would be granted only if they are located no less than 700 feet from another liquor store. The CUP would go to the Planning Board for approval, and could be granted; but in no case if it is less than 700 feet from another liquor store. The goal is to improve the behavior of some of the liquor stores. No second offered. Discussion held. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 46 of 138 Planning Director Mooney informed the City Commission that he discussed the proposed amendment with the City Attorney, and since the amendment affects the title, staff would need to come back for a first reading. The item does not have to go in front of the Planning Board since it does not amend the Land Development Regulations, but it needs re-advertising and come back on first reading to the Commission Agenda of May 17, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Discussion continued. Commissioner Malakoff has been the sponsor of these items, and the original proposal was to maintain a distance of four blocks between liquor stores. This is going back and allowing a package liquor store to open within a block and a half of another one and has a concern in that respect. City Attorney Aguila explained that if the City Commission is in favor of adopting the Ordinance as amended by the Ordinance distributed at the dais, his recommendation is to make a motion to open and continue the reading for second reading in May with the amended language. Discussion held. Rafael E. Granado, City Clerk, clarified that the item is opened and continued to May 17, 2017 to consider the amended version of the Ordinance distributed at the dais as a First Reading. Commissioner Malakoff requested advanced notice and copies of amended items prior to the City Commission, as this is changing the Ordinance passed on first reading. Handouts and Reference Materials: 1. Ads 1293 and 1294 published in The Miami Herald 2. Amended Ordinance titled Package Liquor Store Distance Separation After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 47 of 138 10:05:00 a.m. R5 B AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, "SIDEWALK CAFES," BY AMENDING SUBDIVISION II, "PERMIT," BY AMENDING SECTION 82-385, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES," TO REQUIRE MANAGERS AND SIDEWALK CAFE EMPLOYEES OF SIDEWALK CAFE PERMITTEES ON OCEAN DRIVE BETWEEN 5TH STREET AND 15TH STREET TO SUCCESSFULLY COMPLETE A HOSPITALITY TRAINING PROGRAM THAT HAS BEEN PREVIOUSLY APPROVED BY RESOLUTION OF THE MAYOR AND CITY COMMISSION; AND 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, ON AN ANNUAL BASIS, AN AFFIDAVIT OF SATISFACTORY COMPLETION OF THE HOSPITALITY TRAINING REQUIREMENT SET FORTH HEREIN; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. 10:05 a.m. Second Reading Public Hearing Office of the City Attorney First Reading on March 1, 2017 - R5 O Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Item opened and continued to the May 17, 2017 Commission Meeting by acclamation; 6-0; Absent: Mayor Levine. Rafael E. Granado to notice. Lilia Cardillo to place on the May 17, 2017 Commission Agenda. Nick Kallergis, Susanne M. Torriente and Amy Mehu to handle. Handouts and Reference Materials: 1. Ad 1294 published in The Miami Herald 10:16:14 a.m. R5 C REHEARING AND APPEAL PROCEDURES: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 118-9, ENTITLED "APPEAL AND REHEARING PROCEDURES"; IN ORDER TO REMOVE ANY CONFLICTS WITH ARTICLE I, SECTION 2 OF THE RELATED SPECIAL ACTS BY STRIKING CONFLICTING LANGUAGE FROM THE LAND DEVELOPMENT CODE AUTHORIZING ADMINISTRATIVE APPEALS BEFORE ANY BOARDS OTHER THAN THE BOARD OF ADJUSTMENT; AND CLARIFYING THE STANDARD OF REVIEW OF ADMINISTRATIVE APPEALS; AMENDING SECTIONS 118-395, 118-397, 118-563, 118-609, 142-108 AND 142875 TO ENSURE ALL ADMINISTRATIVE APPEALS ARE BEFORE THE BOARD OF ADJUSTMENT; DEFINING THE STANDARD FOR REVIEW OF AN ADMINISTRATIVE APPEAL; CLARIFYING THAT AN ADMINISTRATIVE APPEAL IS OF THE PLANNING DIRECTOR, OR HIS DESIGNEE; AND PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 10:10 a.m. Second Reading Public Hearing First Reading on March 1, 2017 - R5 Q Planning/Office of the City Attorney Commissioner Joy Malakoff ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4083 adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Levine Thomas Mooney to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 48 of 138 Eve Boutsis, Chief Deputy City Attorney, explained that the item removes conflicts in the City Code and ensures that all administrative appeals are before the Board of Adjustment (BOA) within a 30-day appeal period, and includes other modifications such as the definition for Administrative Review standards. There was public comment at the Planning Board and at the Land Use & Development Committee, and those comments are incorporated within the text. Commissioner Grieco voted in favor at 10:22 a.m. Handouts and Reference Materials: 1. Ad 1294 published in The Miami Herald 10:18:23 a.m. R5 D LIQUOR STORE EXTERIOR APPEARANCE — MINIMUM DESIGN STANDARDS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 3, "SUPPLEMENTARY USE REGULATIONS," BY CREATING SECTION 142- 1112, "PACKAGE LIQUOR STORE DESIGN STANDARDS"; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:15 a.m. Second Reading Public Hearing Planning First Reading on March 1, 2017 - R5 R Commissioner Joy Malakoff & Co-sponsored by Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4084 adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Levine Thomas Mooney to handle. Thomas Mooney, Planning Director, introduced the item on second reading, which would create Section 142-1112 to set forth minimum requirements for package liquor stores that do not submit interior floor plans to the Design Review Board (DRB), and regulating how they can create space. This section prevents permitted package liquor stores from stacking large boxes and filling up the storefront. For the record, this is a prospective Ordinance and would not be retroactive to existing fully licensed package liquor stores. Commissioner Malakoff stated that this is a prospective Ordinance, and it does not affect existing package liquor stores; however, she requested the Administration to send a friendly letter to existing package liquor stores who stack their boxes of liquor at the front door in the window, to ask that they voluntarily meet regulations as feasible. She suggested removing signage and boxes of liquors from the windows, as this would beautify the blocks on which the stores are located. She requested t hat the Administration send letters to existing liquor stores to comply voluntarily with the new regulations, and for all future liquor package stores to follow guidelines. Thomas Mooney to handle. Discussion held. Alex Miranda, representing Charles Lee Washington (Retail Service & Systems, Inc.), asked that if in the event his client applies for a building permit, would they have to comply with this Ordinance. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 49 of 138 Planning Director Mooney explained that if there is an existing BTR (Business Tax Receipt) and they propose to do modifications to the store, as long as they do not exceed the 50% rule, they would be able to modify the storefront. If they were to do a major renovation exceeding the 50% rule, they may have to comply with the regulations. Handouts and Reference Materials: 1. Ad 1294 published in The Miami Herald 10:22:21 a.m. R5 E OCEAN DRIVE - EXTERIOR SPEAKER LOCATIONS: 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 CREATE REGULATIONS PERTAINING TO EXTERIOR SPEAKERS ON LOTS FRONTING OCEAN DRIVE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:20 a.m. Second Reading Public Hearing Planning First Reading on March 1, 2017 - R5 S Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4085 adopted. Motion made by Commissioner Arriola; seconded by Commissioner Malakoff to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Levine Thomas Mooney and Hernan Cardeno to handle. Thomas Mooney, Planning Director, introduced the item, which sets forth exterior and interior speaker standards for commercial establishments that are fronting Ocean Drive. This Ordinance was one of the components of the 10-Point Plan, and the Administration recommends its adoption. Mitch Novick spoke. Handouts and Reference Materials: 1. Ad 1294 published in The Miami Herald After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 50 of 138 10:24:46 a.m. R5 F 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 13, ENTITLED "PARKS AND RECREATIONAL FACILITIES BOARD," BY AMENDING SECTION 2- 171(C), ENTITLED "COMPOSITION" TO REDUCE THE NUMBER OF VOTING MEMBERS FROM 13 TO 9; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:25 a.m. Second Reading Public Hearing Parks and Recreation First Reading on March 1, 2017 - R5 T Commissioners John Elizabeth Alemán, Joy Malakoff & Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4086 adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Levine. John Rebar to handle. John Rebar, Parks & Recreation Director, explained that this is clean-up language to the composition of the Parks and Recreation Advisory Committee, as there has been a request to change the membership to nine members, one member to be appointed by the Mayor and each Commissioner; one member with interest in tennis, and one member with specific interest in golf to be appointed At-Large by the Commission as a whole. Handouts and Reference Materials: 1. Ad 1294 published in The Miami Herald 10:31:01 a.m. R5 G 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 38-7 THEREOF ENTITLED "PETITIONS," CONFIRMING CONDITIONS FOR/DISQUALIFICATION OF PETITION SIGNATURES, AND DELETING CITY'S "CIRCULATOR STATEMENT"; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 10:30 a.m. Second Heading Public Hearing First Reading on March 1, 2017 - R5 U Office of the City Attorney/Office of the City Clerk Commissioner Joy Malakoff ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4087 adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Steinberg to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Levine. Office of the City Attorney and Rafael E. Granado to handle. Raul J. Aguila, City Attorney, introduced the Ordinance, which amends the Election Code to delete the City’s existing requirement that electors’ signature on petitions be witnessed. Mark Samuelian, President of Miami Beach United (MBU), is in strong support of this legislation. They believe this is about civic engagement and what makes the City a special place. He acknowledged Commissioner Malakoff for sponsoring the item and recognized the work of the Office of the City Attorney. He stated that they want the voters engaged; After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 51 of 138 they do not want restrictions that are stricter than what Tallahassee is mandating. They also want consistency, such as with absentee ballots, as there is no request for witnesses when signing. They think there is no weakening of the process of valid signatures; due to the certification and rigorous vetting process, they have to go through. He encouraged the City Commission, on behalf of MBU, to adopt the Ordinance. Daniel Ciraldo thanked the sponsor of the item and added that this Ordinance is the legacy of Commissioner Malakoff; whom he is sad to see go at the end of the year. He referred to a letter from the ACLU emailed last night and they are in full support. As far as voter fraud, he believes this Ordinance would not increase voter fraud as the County is still in charge of confirming signatures. He thanked Commissioner Malakoff again, the ACLU and MBU. Frank Del Vecchio explained that this Ordinance requires that every person who signs the petition, and every name appearing on the petition of the voter who signs it, include the signature, street address, date of birth and voter registration so that the supervisor of elections can validate its legitimacy. However, the circulator does not have to attest that he or she actually witnessed the signature; as it removes the particular additional requirement. Vice-Mayor Rosen Gonzalez stated that this makes it easier to get items on the ballot for the public to vote on different items, and especially if the person does not have the money to pay for a circulator, a mailing petition can be sent. Commissioner Malakoff corrected one part of Mr. Del Vecchio’s definition; within the section of petition, it states his or hers date of birth or the Voter’s Registration Number, not both. She emphasized that the description of what the petition is about must be valid. At times, when a circulator asks for signatures and people sign it without knowing the real topic, the signature is valid, but the topic has not been explained completely; is misinformation and alternative facts, which they must to make sure that it does not get into the petition process. Vice-Mayor Rosen Gonzalez stated that they have to assume electors are smart enough to understand what they are signing. Commissioner Grieco is in support of the item, and thinks that the State standards are consistent with this legislation. As to how petitions are explained, adults should know what they are signing, and they cannot legislate free speech. Handouts and Reference Materials: 1. Ad 1294 published in The Miami Herald 2. Email from Jeff Hearne jeff305@aol.com dated April 25, 2017 to Philip Levine RE: R5 G – Election Petitions ACLU Support Letter Apr 25 17.pdf attached. 3. Letter dated April 25, 2017 to City Commission from Christopher Brochyus, ACLU President, RE: Amendment to Section 38-7 of the Miami Beach Code. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 52 of 138 10:42:15 a.m. R5 H BUILDING PERMIT REPRIEVE PROGRAM: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY CODE, ENTITLED "BUILDING REGULATIONS," AT ARTICLE 11, "CONSTRUCTION STANDARDS," TO CREATE DIVISION 3, ENTITLED "BUILDING PERMIT REPRIEVE PROGRAM"; CREATING SECTIONS 14-85 THROUGH 14-87, TO PROVIDE FOR A ONE-YEAR REPRIEVE PROGRAM FOR OWNERS OF SINGLE FAMILY RESIDENTIAL, MULTIFAMILY RESIDENTIAL, MIXED USE OR COMMERCIAL PROPERTIES WHO HAVE FAILED TO OBTAIN A BUILDING PERMIT(S), OR HAVE EXPIRED PERMITS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AN EFFECTIVE DATE, AND A SUNSET PROVISION. 10:35 a.m. Second Reading Public Hearing Office of the City Attorney/Building First Reading on March 1, 2017 - R5 V Commissioner Micky Steinberg ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4088 adopted. Motion made by Commissioner Steinberg; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Levine Mariano Fernandez to handle. Commissioner Steinberg explained the item. The Ordinance is intended to have a process where people who want to come forward and rectify any permit issues they may have to avoid a penalty, for a period of one year. Eve Boutsis, Chief Deputy City Attorney, stated that effective May 1, 2017 through April 30, 2018, if a person has an open permit, or work is done without a permit or a red tag from the Building Department, that person can voluntarily come in and cure those issues. If there is a zoning problem, that individual still has to take care of it. Discussion held. Commissioner Malakoff asked if there is a new homeowner and they are not aware of pending violations, how they could find out. Mariano Fernandez, Building Official, explained that they could come to the Building Department, staff will check the records versus what the new homeowner has, and they would be entitled to do it without penalty. Building Director Fernandez introduced Ana Maria Salgueiro, new Deputy Director for the Building Department. She is extremely qualified and he is very happy to bring her to the City. Handouts and Reference Materials: 1. Ad 1295 published in The Miami Herald After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 53 of 138 10:45:18 a.m. R5 I AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, BY ADDING THE FOLLOWING CLASSIFICATIONS TO GROUP V REPRESENTED BY THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF): CODE COMPLIANCE SUPERVISOR, COMMUNICATIONS SUPERVISOR, PROPERTY/EVIDENCE SUPERVISOR, PUBLIC SAFETY PAYROLL ADMINISTRATOR, SECURITY SPECIALIST, AND UTILITY BILLING SUPERVISOR, ALL OF WHICH WERE PREVIOUSLY CLASSIFIED AS UNCLASSIFIED EMPLOYEES IN ORDINANCE NO. 1605, THE UNCLASSIFIED EMPLOYEES ORDINANCE; AMENDING AND READOPTING ALL CLASSIFICATIONS AND GRADES IN ALPHABETICAL ORDER; RENUMBERING ALL SALARY GRADES; DELETING THE CLASSIFICATION OF WATER SERVICE REPRESENTATIVE; AND; PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 10:40 a.m. Second Reading Public Hearing Human Resources First Reading on March 1, 2017 - R5 Y Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4089 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Steinberg to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Levine. Michael Smith to handle. Michael Smith, Human Resources Director, introduced the item, which essentially complies with the 2016 Order from the Public Employees Relations Commission by adding those classifications to that Bargaining Unit, and deleting one classification. Commissioner Malakoff voted “Yes” at 10:49 a.m. Handouts and Reference Materials: 1. Ad 1295 published in The Miami Herald 10:46:55 a.m. R5 J AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: ADDING THE FOLLOWING CLASSIFICATIONS TO GROUP VI BEING ALL OTHER CLASSIFICATIONS IN THE CLASSIFIED SERVICE NOT COVERED BY A BARGAINING UNIT (COMMONLY REFERRED TO AS "OTHERS"): BUILDING CODE COMPLIANCE OFFICER, ENVIRONMENTAL TECHNICIAN, EXCELLENCE PROGRAM ASSESSOR, FIRE INSPECTOR I, FORESTRY FIELD INSPECTOR, PARK RANGER, QUARTERMASTER, RECREATION AIDE, SCHOOL LIAISON OFFICER, SEASONAL RECREATIONAL AIDE, SOUND ENGINEER, STOREKEEPER III, STORMWATER OPERATOR A, STORMWATER OPERATOR B, STORMWATER OPERATOR C, STORMWATER OPERATOR D, TRADESWORKER II (FACILITIES MAINTENANCE TRADESPERSON), TRADESWORKER I (FACILITIES MAINTENANCE WORKER) TRAFFIC CONGESTION FIELD SPECIALIST, WASTE WATER COLLECTION OPERATOR A, WASTE WATER COLLECTION OPERATOR C, WASTE WATER COLLECTION OPERATOR D, WASTEWATER COLLECTION SYSTEM OPERATOR B, WATER DISTRIBUTION SYSTEM OPERATOR A, WATER DISTRIBUTION SYSTEM OPERATOR B, WATER DISTRIBUTION SYSTEM OPERATOR C, WATER After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 54 of 138 DISTRIBUTION SYSTEM OPERATOR D, WATER METER TECHNICIAN A, WATER METER TECHNICIAN B, AND WATER METER TECHNICIAN C; DELETING THE FOLLOWING CLASSIFICATIONS: ARTS, CULTURAL & ENTERTAINMENT DIRECTOR, AND COMMUNITY/ECONOMIC DEVELOPMENT DIRECTOR; DELETING A DUPLICATE CLASSIFICATION FOR A SEASONAL POOL GUARD; AMENDING AND READOPTING ALL CLASSIFICATIONS AND GRADES IN. ALPHABETICAL ORDER; PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 10:45 a.m. Second Reading Public Hearing Human Resources First Reading on March 1, 2017 - R5 Z Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4090 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Malakoff to adopt the Ordinance. Ballot vote: 6-0; Absent: Mayor Levine. Michael Smith to handle. Michael Smith, Human Resources Director, stated that this is a companion item to R5 I. Handouts and Reference Materials: 1. Ad 1295 published in The Miami Herald 10:56:59 a.m. R5 K COMPREHENSIVE PLAN AMENDMENT - 6881 INDIAN CREEK DRIVE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO THE PROCEDURES IN SECTION 163.3184(3), FLORIDA STATUTES, TO AMEND THE FUTURE LAND USE MAP OF THE MIAMI BEACH COMPREHENSIVE PLAN, BY CHANGING THE DESIGNATION FOR THE PARCEL LOCATED AT 6881 INDIAN CREEK DRIVE, FROM THE CURRENT DESIGNATION OF RM-1, "RESIDENTIAL MULTIFAMILY, LOW INTENSITY," TO THE PROPOSED DESIGNATION OF TC-3, "NORTH BEACH TOWN CENTER RESIDENTIAL/OFFICE"; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:50 a.m. First Reading Public Hearing Planning Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Item heard in conjunction with R5 L. Ordinance adopted on first reading. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán to adopt the Ordinance. Ballot vote: 4-1; Opposed; Commissioner Grieco; Absent: Mayor Levine and Commissioner Steinberg. Second Reading Public Hearing scheduled for May 17, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to handle. Thomas Mooney, Planning Director, explained that this is a proposal to change the future land use designation of a parcel bounded by 69th Street and Indian Creek Drive. The proposal is to change the future land use designation from the current RM-1 to TC-3, as well as with the zoning designation. The zoning District proposed, TC-3, has the same FAR (Floor Area Ratio) as the RM-1 Zone; however, the TC-3 District has more flexibility in regards to mixed uses; office uses are permitted up to a certain size with conditional use approval (CUP), and hotel uses are permitted with CUPs. The current building within this property operates as a hotel, but since it has its own RM-1, it is technically legal, nonconforming; but they have no latitude to make significant changes or make any type After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 55 of 138 of allowable uses. The change to TC-3 would give them that flexibility, subject to Planning Board approval. The item was endorsed by the Land Use & Development Committee (LUDC) and the Planning Board. The Administration recommends that the Comprehensive Plan Amendment be approved on first reading. Mickey Marrero, Esq., representing Antonio Pardo, explained that the property is licensed currently as a hotel, and they wanted to beautify it. They could add a pool under the current zoning, but beyond 50% improvements in the hotel, would render it impossible to do, as it is a legal nonconforming use in RM-1. This allows them to go back to the Planning Board to continue its use as a hotel, and give the new owner the ability to beautify and improve this neglected property. He reiterated that their intention is to keep the property as a hotel and this was discussed at Planning Board. Discussion held. Commissioner Alemán stated that within the North Beach Steering Committee and the North Beach Master Plan and the creation of the Town Center, the Steering Committee is debating the merging of TC-1 and TC-3, and she is concerned as to whether that process would give this property rights to 125 feet, but it has been clarified that the southern boundary of the TC-3 is 69 Street, and that would not be affected, so she wanted to read that into the record. 11:03:26 a.m. Vice-Mayor Rosen Gonzalez wanted to understand why her colleague Commissioner Grieco voted in opposition of such a beautiful project in that area. Commissioner Grieco stated that it is spot zoning and he shared his philosophy of not voting on projects for individual properties and he has been consistent on that. Handouts and Reference Materials: 1. Ad Nos. 1291 & 1295 published in The Miami Herald 2. Email from Thomas Mooney dated March 23, 2017 RE: Do not re zone the parcel of land 6881 Indian Creek Dr, Miami Beach, 33141. 3. Copy of Notice of Public Hearings and Mailing labels sent March 17, 2017. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 56 of 138 11:02:35 a.m. 11:04:36 a.m. R5 L LDR REZONING - 6881 INDIAN CREEK DRIVE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PARCEL 6881 INDIAN CREEK DRIVE, FROM THE CURRENT ZONING CLASSIFICATION OF RM-1, "RESIDENTIAL MULTIFAMILY, LOW INTENSITY", TO THE PROPOSED ZONING CLASSIFICATION OF TC-3, "NORTH BEACH TOWN CENTER RESIDENTIAL/OFFICE"; AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:55 a.m. First Reading Public Hearing Planning Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Public Hearing held. Item heard in conjunction with R5 K. Ordinance adopted on first reading. Motion made by Commissioner Alemán; seconded by Commissioner Arriola to adopt the Ordinance. Ballot vote: 5-1; Opposed: Commissioner Grieco. Absent: Mayor Levine. Second Reading Public Hearing scheduled for May 17, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to handle. Thomas Mooney, Planning Director, introduced the item, which is a companion item for the actual rezoning (See item R5 K). Discussion held. Vice-Mayor Rosen Gonzalez asked if there is something notorious about the item, because this is a small boutique hotel that is being renovated and the area needs that kind of development. Commissioner Grieco expressed his concern and added that this is a great project, but to rezone a property to the benefit of one specific property owner is against what he has consistently voted for. Discussion held. Commissioner Alemán added that the block in question is surrounded on all sides by streets. Her understanding is that the Planning Board cannot hear this application unless the zoning is modified; so there is no opportunity for the Planning Board to hear the project. Eve Boutsis, Chief Deputy City Attorney, explained that they need the zoning first. This is an entire island between two zoning categories, so they are asking to switch to one zoning category to the other. Commissioner Arriola asked what happens if the item is not approved on a property that needs to be renovated. Mickey Marrero, Esq., explained that without this approval, they could not go to the Planning Board for the specific approval needed for this hotel. They wanted to submit this request for the Planning Board, but were asked by staff to have the City Commission After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 57 of 138 hear the item. If the item is not approved, the building can stay as a hotel under the current condition without being improved beyond 50%; they can construct a brand new pool; they can legally demolish the building and build an RM-1 project at a maximum of five stories without additional approvals; and this project would end up with more massing. He has met with active folks in North Beach and they are thrilled with this project, but without the City Commission’s approval, they cannot go to the Planning Board. Discussion held. Commissioner Arriola believes they are not changing the use, but just taking an “ok hotel” and give them the opportunity to make it nicer. The alternative of doing nothing conceivably could deteriorate on time and crumble, and the owner could make it a residential project of five stories. Discussion continued. Vote taken. Ballot vote: 4-1; Opposed: Commissioners Grieco and Steinberg. Absent: Mayor Levine. Commissioner Steinberg originally voted against the item. Commissioner Steinberg explained that she is philosophically torn, because of the one parcel; but for purposes of not killing the item today and give it an opportunity to come back to the City Commission, she will move forward, change her vote, and vote in favor of the item, as it is a downzone, but is not sure how she will vote on second reading. She requested to meet with Planning Director Mooney to discuss. Thomas Mooney to handle. Mickey Marrero, Esq., added that if in ten years his client sold the property, the current zoning today with no changes is five stories maximum, and they would be rezoning to four stories. Vice-Mayor Rosen Gonzalez stated they should look at what is best for the community and the surrounding area. Raul J. Aguila, City Attorney, announced that since Commissioner Steinberg had changed her vote, the item was approved on first reading 4-1; Opposed: Commissioner Grieco. Absent: Mayor Levine and Commissioner Steinberg. Approved on first reading. Handouts and Reference Materials: 1. Ad Nos. 1291 & 1295 published in The Miami Herald 2. Email from Thomas Mooney dated March 23, 2017 RE: Do not re zone the parcel of land 6881 Indian Creek Dr, Miami Beach, 33141. 3. Copy of Notice of Public Hearings and Mailing labels sent March 17, 2017. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 58 of 138 2:56:26 p.m. R5 M TERMINAL ISLAND — COMP PLAN AMENDMENTS. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING GOALS, OBJECTIVES AND POLICIES OF THE CITY OF MIAMI BEACH COMPREHENSIVE PLAN, CHAPTER 1 LAND USE ELEMENT, POLICY 1.2 OF OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS OF THE FUTURE LAND USE ELEMENT BY AMENDING THE URBAN LIGHT INDUSTRIAL USE CATEGORY TO PERMIT MULTIFAMILY RESIDENTIAL USES ON WATERFRONT PARCELS AND ACCOMPANYING STANDARDS FOR LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER 2 TRANSPORTATION ELEMENT, POLICY 6.19 OF OBJECTIVE 6: MULTI-MODAL TRANSPORTATION TO UPDATE REFERENCED USES ON TERMINAL ISLAND; AMENDING CHAPTER 6 CONSERVATION/COASTAL ZONE MANAGEMENT, OBJECTIVE 9: DENSITY LIMITS BY CREATING AN EXCEPTION TO INCENTIVIZE WORKFORCE OR AFFORDABLE HOUSING , OR TO PROVIDE IMPROVED GOVERNMENT OPERATIONS AND INFRASTRUCTURE; POLICY 9.2 TO INCENTIVIZE WORKFORCE OR AFFORDABLE HOUSING, OR TO PROVIDE IMPROVED GOVERNMENT OPERATIONS AND INFRASTRUCTURE AND RISK REDUCTION TO THE THREAT OF SEA LEVEL RISE; AND AUTHORIZING AND DIRECTING THE CITY ADMINISTRATION TO SUBMIT THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND ANY OTHER REQUIRED STATE AND LOCAL AGENCIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 2:00 p.m. First Reading Public Hearing Planning Private Application ACTION: Title of the Ordinance read into the record. Public Hearing held. Item opened and continued to the June 7, 2017. Commission Meeting by acclamation; 6-0; Absent: Mayor Levine. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to handle. Handouts and Reference Materials: 1. Ad Nos. 1303 and 1305 published in The Miami Herald 2. Copy of Notice of Public Hearings and mailing labels mailed March 22, 2017 3. MCR No. 415185 for $633.68 from Miami Beach Port, LLC. 4. Email from Thomas Mooney dated April 12, 2017 RE: Terminal Island – Open and Continue item. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 59 of 138 2:57:35 p.m. R5 N TERMINAL ISLAND - LDR AMENDMENTS. 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 II "DISTRICT REGULATIONS," DIVISION 11 "LIGHT INDUSTRIAL DISTRICT" BY AMENDING SECTION 142-483, "CONDITIONAL USES," TO PERMIT MULTI-FAMILY RESIDENTIAL USES WHEN LOCATED ON WATERFRONT PARCELS; BY AMENDING SECTION 142-484, "ACCESSORY USES," TO PERMIT RESTAURANTS ASSOCIATED WITH MULTIFAMILY RESIDENTIAL USES, LIMITED TO RESIDENTS AND GUESTS, AND TO INCLUDE NO MORE THAN 1.25 SEATS PER UNIT; BY AMENDING SECTION 142- 485, "PROHIBITED USES," TO ADDRESS A SCRIVENERS ERROR; BY AMENDING SECTION 142-486, "DEVELOPMENT REGULATIONS," TO PROVIDE REGULATIONS FOR MULTIFAMILY RESIDENTIAL USES; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. 2:05 p.m. First Reading Public Hearing Planning Private Application ACTION: Title of the Ordinance read into the record. Public Hearing held. Item opened and continued to the June 7, 2017 Commission by acclamation; 6-0; Mayor Levine Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to handle. Handouts and Reference Materials: 1. Ad Nos. 1303 and 1305 published in The Miami Herald 2. Copy of Notice of Public Hearings and mailing labels mailed March 22, 2017 3. Copy of payment received from Miami Beach Port, LLC reimbursing advertisement. 4. Email from Thomas Mooney dated April 12, 2017 RE: Terminal Island – Open and Continue item. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 60 of 138 2:58:48 p.m. R5 O 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. 2:10 p.m. Second Reading Public Hearing Procurement First Reading on March 22, 2017 - R5 C Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4091 adopted. Motion made by Commissioner Alemán to adopt the Ordinance; seconded by Commissioner Arriola. Ballot vote: 5-0; Absent: Mayor Levine and Commissioner Grieco. Alex Denis to handle. Commissioner Alemán explained in order for the City to get the Safe Routes to School grant funding, the Florida Department of Transportation (FDOT) interprets the City’s veteran preference procedure as a conflict with the Federal grant requirements. This item will allow the City, at the City Manager’s authority, to allow those requirements to be waived only for the purposes of Federal or State funding eligibility. Handouts and Reference Materials: 1. Ad No. 1305 published in The Miami Herald After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 61 of 138 5:18:25 p.m. R5 P MEDICAL CANNABIS ORDINANCE - LAND USE REGULATIONS: 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 DEFINE THE FOLLOWING DEFINITIONS: CANNABIS, MEDICAL CANNABIS DISPENSARY, DERIVATIVE PRODUCT, LOW -THC CANNABIS, AND RELATED DEFINITIONS; AMENDING CHAPTER 130, ENTITLED "OFF-STREET PARKING," ESTABLISHING MINIMUM PARKING REQUIREMENTS FOR "MEDICAL CANNABIS DISPENSARIES" AND PROHIBITING PARTICIPATION IN THE FEE IN LIEU OF PARKING PROGRAM; AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY CREATING DIVISION 10, ENTITLED "CANNABIS REGULATIONS AND USE," AND AMENDING SECTIONS 142-1501 TO 142-1504, RELATING TO APPLICABILITY, DEFINING MEDICAL USE OF CANNABIS, DESIGNATING AREAS FOR THE USE, ZONING REQUIREMENTS RELATING TO THE USE, AND PROHIBITING CULTIVATION, PRODUCTION OR POSSESSION OF CANNABIS PLANTS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 5:01 p.m. First Reading Public Hearing Planning Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Public Hearing held. Item opened and continued. Motion made to open and continue the Ordinance to the May 17, 2017 Commission Meeting. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to handle. Handouts and Reference Materials: 1. Ad No. 1305 & 1307 published in The Miami Herald After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 62 of 138 5:17:17 p.m. R5 Q 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. 5:02 p.m. First Reading Public Hearing Planning Continued from March 22, 2017 - R5 A Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Item opened and continued to the May 17, 2017 Commission Meeting by acclamation. 6-0; Absent: Mayor Levine. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to handle. City Clerk’s Note: The Market/Economic Study requested by the City Commission for the Ordinance was not completed prior to the April 26, 2017 Commission meeting; therefore, the Administration recommended that the City Commission open and continue the Ordinance to a date certain of May 17, 2017. Handouts and Reference Materials: 1. Ad Nos. 1305 & 1306 published in The Miami Herald 9:59:06 a.m. R5 R 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 Office of the City Attorney Deferred from March 22, 2017 - R5 B Commissioner Joy Malakoff and Co-sponsored by Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Direction given to bring to the May 17, 2017 Commission meeting a revised Ordinance. Thomas Mooney to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 63 of 138 DIRECTION: Commissioner Arriola directed staff to amend the item so that the sale of alcohol in Miami Beach would begin at 8:00 a.m., except in the MXE District, where alcohol may begin to be sold from 10:00 a.m. forward. Eve Boutsis, Chief Deputy City Attorney, stated that this item is a proposal to change the time when alcohol could begin to be sold in Miami Beach. If the item passes, stores can start selling alcohol at 8:00 a.m. instead of 10:00 a.m. Commissioner Malakoff stated that she originally wanted to have the sale of alcohol to begin at 9:00 a.m., but that would mean stores would have to change their signage twice as the 10:00 a.m. provision sunsets in May. She would still prefer if the MXE District could only start selling alcohol at 10:00 a.m. Ms. Boutsis stated that the sale of alcohol in the MXE District could be made to start at 9:00 a.m. or 10:00 a.m., but that would require the item returning to the City Commission as a first reading. Commissioner Arriola stated that he supports rolling back the sale of alcohol to start at 8:00 a.m., but he would like to have the MXE District to begin selling alcohol at 10:00 a.m., and end at 10 p.m. instead of midnight. Vice-Mayor Rosen Gonzalez expressed her support of Commissioner Arriola’s statement. Discussion held whether this item should return to the City Commission as a first reading. Commissioner Steinberg asked whether the Fienberg-Fisher School is located in the MXE District. Ms. Boutsis replied that it is, and she will draft a new version of the Ordinance for first reading. Mitch Novick stated that W ashington Avenue is not in the MXE District, but CD-2. He believes the more important move would be to roll back the sale of alcohol on Ocean Drive from 5:00 a.m. to 2:00 a.m. Alex Miranda, on behalf of Total Wine, stated that the change should be to have the sale of alcohol starting at 9:00 a.m. everywhere in Miami Beach, except in the MXE District, where the sale of alcohol would start at 10:00 a.m. Commissioner Arriola stated that Mr. Miranda’s suggestion to change the start time to 9:00 a.m. was meant to be to reduce competition, as Total Wine opens at 9:00 a.m. Discussion held regarding whether the item should be referred to the Planning Board or not. No referral to the Planning Board was made. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 64 of 138 R5 S 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, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS", DIVISION 5, "CD-2, COMMERCIAL, MEDIUM-INTENSITY DISTRICT," SECTION 142-306, "DEVELOPMENT REGULATIONS," BY AMENDING THE 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 Deferred from March 1, 2017 - R5 P Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Item deferred to the July 26, 2017 Commission Meeting. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to handle. 9:49:46 a.m. R5 T LINCOLN ROAD - INTERIOR AND EXTERIOR SPEAKER LOCATIONS: 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 6, "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," BY AMENDING SECTION 142-336 THEREOF, ENTITLED "LINCOLN ROAD REQUIREMENTS," TO CREATE REGULATIONS PERTAINING TO INTERIOR AND EXTERIOR SPEAKERS ON LOTS FRONTING LINCOLN ROAD; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. First Reading Planning Commissioner Joy Malakoff ACTION: Title of the Ordinance read into the record. See Item R5 E. Ordinance adopted on first reading as amended. Motion made by Commissioner Malakoff to adopt the Ordinance on first reading as amended; seconded by Commissioner Alemán. Ballot vote: 6-0; Absent: Mayor Levine Second Reading Public Hearing scheduled for May 17, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to handle. AMENDMENT: Indoor music played at above ambient level must remain inaudible from outside the establishment. Thomas Mooney, Planning Department Director, stated that this is the first reading of an item that sets standards for placement of interior and exterior speakers for properties fronting Lincoln Road, from Collins Avenue to Alton Road. Commissioner Malakoff stated that music played indoors must be inaudible outside the premises at all times; however, if doors are left opened, only ambient music level will be permitted. Mr. Mooney clarified that if the doors that open to the sidewalk are left opened, then o nly ambient level music will be allowed. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 65 of 138 Michael Llorente, representing the Lincoln Road BID (Business Improvement District), stated that indoor ambient music can be heard outside the premises, but above ambient level, music must be inaudible from outside. It is up to the establishments to figure out how to keep their above ambient level music from being heard outside. Commissioner Alemán stated that she agrees that above ambient level music should not be heard outside if doors are left opened; but she does not want penalties for opening and closing doors while people enter and exit an establishment. Commissioner Malakoff stated that above ambient level music must be contained within an establishment, because currently there is a great deal of problem with noise pollution coming from many establishments. 9:55:37 a.m. R5 U PARKING DISTRICT NO. 4 AMENDMENTS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, OF THE LAND DEVELOPMENT REGULATIONS, ENTITLED "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, WHICH ADDITIONAL PARKING SHALL NOT COUNT TOWARDS THE CALCULATION OF FLOOR AREA RATIO FOR A STRUCTURE WITH SUCH USES; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. First Reading Planning Commissioner Joy Malakoff ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading. Motion made by Commissioner Malakoff to adopt the Ordinance on first reading; seconded by Commissioner Arriola. Ballot vote: 6-0; Absent: Mayor Levine Second Reading Public Hearing scheduled for May 17, 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, introduced the item. It is a minor addition to Parking District No. 4. This would allow Parking District No. 4 to have the same parking considerations as Parking District No. 1, and not have it count as part of the Floor Area Ratio (FAR). Commissioner Malakoff stated that if buildings can provide more parking to their patrons it is a plus, because it means fewer cars will be congesting the City’s streets. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 66 of 138 9:57:33 a.m. R5 V OCEAN TERRACE OVERLAY- BALCONY PROJECTIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," OF THE LAND DEVELOPMENT REGULATIONS, AT ARTICLE III "OVERLAY DISTRICTS", DIVISION 11 "OCEAN TERRACE OVERLAY," AT SECTION 142870.1, ENTITLED "COMPLIANCE WITH REGULATIONS," 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. First Reading Planning Commissioner Joy Malakoff ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading. Motion made by Commissioner Malakoff to adopt the Ordinance on first reading; seconded by Commissioner Alemán. Ballot vote: 6-0; Absent: Mayor Levine Second Reading Public Hearing scheduled for May 17, 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, introduced the item. It is regarding the Ocean Terrace Overlay. When the Overlay was adopted, the maximum allowable encroachment for balconies was eight feet; this will increase the encroachment to ten feet. The Historic Preservation Board (HPB) will still have to give approval to any plans; but from a Code standpoint, it will be allowed. 10:26:28:00 a.m. R5 W AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1605, THE UNCLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: CORRECTING SCRIVENER'S ERRORS TO THE PAY RANGES FOR THE CLASSIFICATIONS OF CITY MANAGER AND CITY ATTORNEY; AMENDING THE GRADES FOR THE FOLLOWING POSITIONS: ASSISTANT DIVISION DIRECTOR - PROPERTY MANAGEMENT, CHIEF ACCOUNTANT, CHIEF FINANCIAL OFFICER, ENVIRONMENTAL RESOURCES MANAGER, EXECUTIVE OFFICE ASSOCIATE II, GRANTS AND OPERATIONS ADMINISTRATOR, INFORMATION TECHNOLOGY SPECIALIST II, PARALEGAL, PLANNER, AND PROCUREMENT CONTRACTING ANALYST; DELETING THE FOLLOWING CLASSIFICATIONS WHICH WILL BE ADDED TO THE CLASSIFIED EMPLOYEES SALARY ORDINANCE NO. 789 UNDER GROUP V REPRESENTED BY THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF): CODE COMPLIANCE SUPERVISOR, FIRE INSPECTION SUPERVISOR, POLICE RECORDS SUPERVISOR, PROPERTY/EVIDENCE SUPERVISOR, PUBLIC SAFETY PAYROLL ADMINISTRATOR, SECURITY SPECIALIST, UTILITY BILLING SUPERVISOR, AND VICTIM'S ADVOCATE; DELETING THE FOLLOWING OBSOLETE CLASSIFICATIONS: CAPITAL IMPROVEMENTS ADMINISTRATIVE-FINANCE, CHIEF ACCESSIBILITY INSPECTOR, CODE COMPLIANCE DIVISION DIRECTOR, CULTURAL AFFAIRS AND TOURISM DEVELOPMENT DIRECTOR, CURATOR OF COLLECTIONS, CURATOR OF EDUCATION, DEPARTMENTAL ADA COORDINATOR, PART-TIME, DEPUTY BUILDING DIRECTOR, DEPUTY CITY MANAGER, ENTERTAINMENT INDUSTRY After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 67 of 138 LIAISON, HOUSING COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION DIRECTOR, LABOR RELATIONS DIRECTOR, LABOR RELATIONS MANAGER, LOG CABIN EDUCATION COORDINATOR, LOG CABIN EMPLOYMENT SPECIALIST/JOB COORDINATOR, LOG CABIN INSTRUCTOR, LOG CABIN PROGRAM ADMINISTRATOR, MANAGEMENT AND BUDGET ANALYST I, MARKETING AND TOURISM MANAGER, NEIGHBORHOOD SERVICES DIRECTOR, PLANNING AND ZONING INSPECTOR, PROCUREMENT DIVISION DIRECTOR, PUBLIC SAFETY SPECIAL PROJECTS COORDINATOR, QUALITY ASSURANCE COORDINATOR, REGISTRAR, SERVICE DELIVERY MANAGER, AND STREETS/STORMWATER SUPERINTENDENT; DELETING A DUPLICATE CLASSIFICATION FOR CODE COMPLIANCE DIRECTOR; ADDING THE FOLLOWING CLASSIFICATIONS AND ASSIGNING GRADES THERETO: ASSISTANT DIRECTOR - PARKS AND RECREATION, ATHLETIC MANAGER, CHIEF FIRE PROTECTION ANALYST, CHIEF OF COMMUNITY PLANNING AND SUSTAINABILITY, CHIEF OF HISTORIC PRESERVATION, CHIEF OF PLANNING AND ZONING, CHIEF OF URBAN DESIGN, CLIENT SERVICES SPECIALIST, CONTROLLER, CUSTOMER SERVICES MANAGER, DEPUTY RESILIENCY OFFICER, DIVISION DIRECTOR RISK MANAGEMENT AND BENEFITS, ENGINEER, ENVIRONMENT AND SUSTAINABILITY DIRECTOR, FACILITIES ZONE MANAGER, GRANTS MANAGER, HOME/SHIP PROJECTS COORDINATOR, HOMELESS OUTREACH SPECIALIST, HUMAN RESOURCES RISK AND BENEFITS ANALYST, INCLUSIONARY AIDE, PARK RANGER SUPERVISOR, PARKS SUPERINTENDENT, POLICE INFORMATION RESOURCE SPECIALIST, PROCUREMENT CONTRACTING ANALYST II, PROCUREMENT CONTRACTING OFFICER II, PROCUREMENT CONTRACTING OFFICER III, PROCUREMENT COORDINATOR, PUBLIC RELATIONS MANAGER, RECORDS MANAGEMENT SPECIALIST, RECREATION PROGRAM ASSISTANT MANAGER, RECREATION PROGRAM MANAGER, SANITATION BUSINESS MANAGER, TENANT SERVICES COORDINATOR, TRANSPORTATION DEPUTY DIRECTOR, AND VISUAL COMMUNICATIONS MANAGER; AMENDING THE ABBREVIATION FOR "UNCLASSIFIED" FROM "UNC" TO "UNCL"; AMENDING AND READOPTING ALL CLASSIFICATIONS AND GRADES IN ALPHABETICAL ORDER; AND PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. First Reading Human Resources Deferred from March 1, 2017 - R5 X Commissioner John Elizabeth Alemán ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading. Motion made by Commissioner Alemán to adopt the Ordinance on first reading; seconded by Commissioner Arriola. Ballot vote: 6-0; Absent: Mayor Levine Second Reading Public Hearing scheduled for May 17, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Michael Smith to handle. Michael Smith, Human Resources Director, stated that this is a cleanup item for the classified salaried Ordinance. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 68 of 138 10:49:16 a.m. SUPPLEMENTAL MATERIAL: MEMORANDUM & ORDINANCE R5 X AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 42 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “EMERGENCY SERVICES,” OF ARTICLE II , ENTITLED “ALARM SYSTEMS,” BY AMENDING DIVISION 3, ENTITLED “BURGLAR ALARMS,” BY CREATING SECTION 42-92, THEREOF TO BE ENTITLED “SECURITY CAMERA VOLUNTARY REGISTRATION PROGRAM,” BY PROVIDING INCENTIVES TO PRIVATE PROPERTY OWNERS THAT INSTALL AND REGISTER SECURITY CAMERAS WITH THE CITY, AND FURTHER INCENTIVIZING THOSE PRIVATE PROPERTY OWNERS THAT DIRECTS A SECURITY CAMERA TOWARDS THE PUBLIC RIGHT-OF-WAY; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. First Reading Office of the City Attorney Commissioner Micky Steinberg ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading. Motion made by Commissioner Arriola to adopt the Ordinance on first reading; seconded by Commissioner Alemán. Ballot vote: 6-0; Absent: Mayor Levine Second Reading Public Hearing scheduled for May 17, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Chief Oates to handle. Commissioner Steinberg introduced the item, which is similar to the program developed in the City of Coral Gables. It creates incentives for residents to install closed caption television (CCTV) cameras on their property, and be willing to share the captured footage with the Police Department. Aleksandr Boksner, Deputy City Attorney, stated that this would be a voluntary surveillance camera program that will have incentives to have homeowners install security cameras. The incentives include waiving permit fees, expediting permit processing, and the addition of three false alarm waivers on top of the existing waivers. Vice-Mayor Rosen Gonzalez commended Commissioner Steinberg for placing this item on the agenda. She asked how the data will be managed, and whether additional Police Officers will be needed to monitor the cameras. Police Chief Oates explained that the City will not be managing the data nor will it be monitoring the cameras. The program allows homeowners to share voluntarily their footage when requested by the Police in order to help solve a crime. Commissioner Steinberg stated that in the event of an incident, the Police Department would be able to review the footage captured by these cameras. Deputy City Attorney Boksner reiterated that this program is for cameras that are pointing toward the public property. Commissioner Alemán asked whether aside from waiving permitting fees, the City could make it more financially feasible to install the camera systems. Discussion continued. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 69 of 138 6:09:40 p.m. R5 Y 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," ARTICLE IV, "USES IN PUBLIC RIGHTS- OF-WAY, DIVISION 5, "SIDEWALK CAFES," SUBDIVISION I, "GENERALLY," SECTION 82-370, "NOTICE OF VIOLATION," TO REMOVE THE 24-HOUR WARNING REQUIREMENT FOR NON-LIFE SAFETY VIOLATIONS, AND TO AMEND THE PROVISIONS RELATING TO NOTICES OF VIOLATION; AMENDING SECTION 82-371, "CIVIL FINES AND PENALTIES; DENIAL OF FUTURE PERMITS TO REPEAT VIOLATORS; ENHANCED PENALTIES," TO INCREASE PENALTIES FOR VIOLATIONS OF THE CITY'S SIDEWALK CAFE ORDINANCE AND TO PROVIDE FOR ENHANCED PENALTIES; AND AMENDING SECTIONS 82-372, "RIGHTS; PAYMENT OF FINE; RIGHT TO APPEAL; FAILURE TO PAY CIVIL FINE OR TO APPEAL," AND 82-373, "RECOVERY OF UNPAID FINES; UNPAID FINES TO CONSTITUTE A LIEN; FORECLOSURE," TO AMEND THE PROVISIONS RELATING TO ENFORCEMENT, PENALTIES, APPEALS, AND LIENS; AND AMENDING SUBDIVISION II, "PERMIT," SECTION 82-382, "APPLICATION," TO PROVIDE THAT A PERMITTEE WHO HAS BEEN ISSUED MORE THAN FOUR VIOLATIONS PURSUANT TO THIS ARTICLE SHALL BE PROHIBITED FROM APPLYING FOR AND OBTAINING A SIDEWALK CAFE PERMIT FOR THE FOLLOWING TWO CONSECUTIVE PERMIT YEARS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. First Reading Office of the City Attorney/Code Compliance Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading. Motion made by Commissioner Arriola to adopt the Ordinance on first reading; seconded by Commissioner Alemán. Ballot vote: 5-0; Absent: Mayor Levine and Vice- Mayor Rosen Gonzalez. Second Reading Public Hearing scheduled for May 17, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Office of the City Attorney and Hernan Cardeno to handle. Commissioner Malakoff asked if this item would apply to all Miami Beach sidewalk cafes. Aleksandr Boksner, Deputy City Attorney, replied that the item does in fact apply to all sidewalk cafes in Miami Beach. He elaborated how the item would give authority to the City Manager to terminate sidewalk café agreements to offending operators. He highlighted the fact that violation fines have also been significantly increased. Commissioner Arriola stated that this item provides the City and the City Manager with the ability to get bad actors to fall in line or stop doing business in Miami Beach. Deputy City Attorney Boksner stated that operating a sidewalk café is a privilege not a right, as these cafes are on City property. The City Manager will have the authority to shut down a sidewalk café for a minimum of 24 hours. Discussion held regarding service charge disclosure. 6:17:00 p.m. Clerk’s Note: City Manager Morales suggested referring Vice-Mayor Rosen Gonzalez’s items: R9 AQ, R9 AO, R9 AN, R9 AF, R9 AE and R9 O. Motion moved by Commissioner Grieco, seconded by Commissioner Alemán. By acclamation. 5-0; Absent: Mayor Levine and Vice-Mayor Rosen Gonzalez. See also action under each item listed above. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 70 of 138 R5 Z BUILDING PERMIT FEES: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14, "ENTITLED "BUILDING REGULATIONS," DIVISION 2, "PERMIT FEES," AT SECTIONS 14-61, 14-62, 14-66, 14- 67, 14-68, 14-70, AND 14-72 IN ORDER TO UPDATE CERTAIN BUILDING FEES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. First Reading Office of the City Attorney Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Item deferred to the May 17, 2017 Commission Meeting. Lilia Cardillo to place on the Commission Agenda, if received. Mariano Fernandez to handle. R7 – Resolutions 11:13:20 a.m. R7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE THIRD AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2016/17. 11:00 a.m. Public Hearing Budget and Performance Improvement Deferred from March 1, 2017 - R7 A Commissioner Michael Grieco ACTION: Item opened and continued. Item heard in conjunction with R7 B. Public hearing held. Motion made by Commissioner Grieco; seconded by Commissioner Alemán to open and continue the item to the July 26, 2017 Commission Meeting. Voice vote: 6-0; Absent: Mayor Levine. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Cintya G. Ramos to handle. Commissioner Grieco requested that items R7 A and R7 B be deferred to the July Commission Meeting (July 26, 2017). Vice-Mayor Rosen Gonzalez explained, for the audience, that there are $36 million from the train project, and there are two proposals, whether they save the money for mass transit use or put it back into capital projects. This decision will be made in July. Commissioner Malakoff agreed with Commissioner Grieco. This item should be discussed when the Commission discusses the budget, and hence, it is premature to make a decision at this time. Commissioner Grieco moved to defer the items to July, regardless as to what action they may or may not take, and whether things are happening at the County level, the impact will not be able to be properly addressed until July; in addition the Mayor is absent and it is the right thing to do; seconded by Commissioner Alemán. Handouts and Reference Materials: 1. Ad No. 1296 published in The Miami Herald After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 71 of 138 11:13:20 a.m. R7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THIRD AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2016/17; AND PROVIDING THAT THE $36 MILLION PREVIOUSLY ALLOCATED FROM VARIOUS FUNDING SOURCES FOR THE CITY'S LIGHT RAIL/MODERN STREETCAR PROJECT SHALL BE RE-PRIORITIZED AND USED SOLELY TO SUPPORT TRANSPORTATION-RELATED INITIATIVES AND PROJECTS INTENDED TO REDUCE TRAFFIC CONGESTION, INCLUDING BUT NOT LIMITED TO TRANSIT PROJECTS THAT MAY BE DEVELOPED IN PARTNERSHIP WITH MIAMI- DADE COUNTY, THE FLORIDA DEPARTMENT OF TRANSPORTATION OR THE FEDERAL GOVERNMENT, SUBJECT TO ANY SUCH PROJECTS SATISFYING THE AUTHORIZED USES FOR EACH INDIVIDUAL FUND. 11:00 a.m. Public Hearing Office of the City Attorney/Budget & Performance Improvement Mayor Philip Levine ACTION: Item opened and continued. Item heard in conjunction with R7 A. Motion made by Commissioner Grieco; seconded by Commissioner Alemán to open and continue the item to the July 26, 2017 Commission Meeting. Voice vote: 6-0; Absent: Mayor Levine. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Cintya G. Ramos to handle. Handouts and Reference Materials: 1. Ad No. 1296 published in The Miami Herald 11:15:43 a.m. Raul J. Aguila, City Attorney, announced that since R7 A and R7 B have been deferred, R7 C would actually be adopting the third amendment to the Capital Budget, instead of the fourth amendment. City Clerk’s Note: Title changes made to R7 C. 11:23:35 a.m. 2:14:53 p.m. SUPPLEMENTAL MATERIAL 1: MEMORANDUM R7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FOURTH THIRD AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2016/17. 11:05 a.m. Public Hearing Budget and Performance Improvement ACTION: Resolution 2017-29829 adopted as amended. See action with item R7 T. Public Hearing held. See motions and referrals below. Cintya G. Ramos to handle. MOTION NO 1: Motion made by Commissioner Alemán; seconded by Commissioner Malakoff, to move for approval the proposed budget amendment items, with the exception of Item 16 regarding the Southgate baywalk. Cintya G. Ramos to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 72 of 138 MOTION NO. 2 DUAL REFERRALS: Motion made by Commissioner Alemán to refer dually to the Finance and Citywide Projects Committee and the Neighborhood/Community Affairs Committee the baywalk, as well as the opening, building and funding of the baywalk behind the South Bay Club; seconded by Commissioner Arriola; Voice-vote: 6-0; Absent: Mayor Levine. John Woodruff and Morgan Goldberg to place on the Commission Committee Agendas. Cintya G. Ramos, David Martinez and Margarita Wells to handle. Cintya G. Ramos, Budget and Performance Improvement Director, introduced the item and listed the projects: 1. Belle Isle Park Playground for a total the amount of $230,000 2. Office of Communications Remodel additional funding 3. Convention Center Additional Improvements for the total for $4 million for the escalator and an elevator portion, with improvements to second full kitchen and set aside for the Arts in Public Places. 4. City Center RDA - Convention Center project a total of $3,381,241 to raise the roads on 18th and 19th Street and Convention Center Drive to 3.7 NAVD. 5. Fire Station #4 Roof for a total of $73,757 to replace the roof at Fire Station #4. 6. Indian Creek Park Seawall for $400,000 needed for the construction of a sheet pile seawall and retaining wall along the park seaward side. 7. Fire Station #3 Mold Remediation for a total of $240,500 8. Muss Park Seawall for a total of $340,423 9. De-appropriation of Surface Parking Lot Projects that were never formally appropriated. This is going back to the fund balanced for a total of $2.9 million. 10. North Shore Park Tennis Center Fence Replacement for $130,000 to replace the fence. 11. Palm Island Park Playground Surface Replacement for a total of $58,000 12. $1.8 million for a new stormwater pump station at 1st Street-Alton Road to Washington Avenue South Pointe. 13. West Avenue Phase II Improvements, approved at the March 1, 2017 Commission meeting, for $56.1 million. 14. Sanitation Interior Replacement with additional funding in the amount of $115,000 to renovate their space. 15. Seawall Repair for Fleet Management for an additional $688,549 to construct a deep water seawall, and 16. Southgate Baywalk Fence for $195,000. Commissioner Alemán explained that in regards to the Southgate Baywalk fence, the Design Review Board may have overstepped its boundaries back then and made a financial commitment on behalf of the City to pay for a wall for the Southgate Tower, and based on that, the Southgate Tower built the wall, and the Design Review Board should have not made that commitment. Commissioner Alemán is in agreement with the reimbursement, but cautioned City staff and liaisons that attend meetings to be well position from that happening again in the future, and added that the Southgate baywalk has a gate that prevents the public from using the baywalk that the City is reimbursing them for, so the gate must be unlocked for the public to use it. Discussion held. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 73 of 138 Thomas Mooney, Planning Director, added that the Design Review Board imposed this condition and agreed to a monetary obligation above their level of authority. This goes back to March 2013. The reason the Design Review Board required the baywalk is because the City has been trying to effectuate comprehensively public access to the bay via private property. A number of private properties along West Avenue have provided publicly accessible baywalks as part of their overall improvements. In this instance, Southgate Towers agreed to provide a publicly accessible baywalk in their property, but only conditioned upon a monetary contribution from the City, which the previous Design Review Board had agreed to in 2013. When the final order was given and building permit granted, Southgate built the baywalk, but there was nothing ever approved by the City Commission for that amount. Late last year when Southgate came to the Administration, the Administration advised Southgate that this item had to go back to City Commission for approval. It is also important to point out, that another condition in the order is that the applicant is not obligated under the order to provide public access until such time as the South Bay Club property to the immediate south provides a pubic accessible baywalk. The South Bay Club has agreed to allow public access, but has not agreed to construct a baywalk, so it is the City’s responsibility to design, permit and construct a baywalk. Given the permitting requirement, assuming it was funded by the City; it will take three years or more for the City to build The South Bay Club baywalk. Under the current requirements of the order, even if the City allocated the $195,000, Southgate Towers is technically not obligated to provide public access. Marissa Amuial, representing the owners of Southgate Towers LLLP, explained that the Gumenicks have owned the property for over 60 years and recently undertook renovations of $100 million for this project. As part of the approval process, the City asked that they do a baywalk easement along the entire length of the baywalk for the property. This building is merely a renovation, and a huge give from them to do the easement at an immensely valuable portion of the property. As part of the discussions, the City agreed to contribute a portion of the cost of contracting the partition between the baywalk and the private property. Part of the negotiations, memorialized in the Design Review Board order, and further the Assistant City Manager at that time also appeared on the record at the Design Review Board meeting, confirming that the City would pay this amount. There are two specific conditions in the order stating that the baywalk would not become publicly accessible until the completion of the Southgate Club baywalk. Right now it would be a baywalk to nowhere with no connectivity. Commissioner Grieco stated that the property owner is saying that the deal they struck with the Design Review Board, which has no power to offer City money, and allegedly an Assistant City Manager, who also has no ability to offer City money to the deg ree of over $100,000 that her client is not willing to open up the gate to the public. He has a problem with that. Neighbors have waited for this baywalk for years. He knows the area well, and the neighbors have been asking for this for decades. If her client wants to be a good partner with the community instead of focusing on what he considers to be an unenforceable Design Review Board order, this City Commission will work with them in good faith. If they are willing to open up the gate, he is willing to vote to turn over the money; otherwise, he will not support the item. Commissioner Arriola agreed. Discussion continued. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 74 of 138 Marissa Amuial asked if they know if the funds are coming for Southgate Club for the portion of the baywalk. She stated that she has no authority from her client to agree to the offer, and asked that the item be heard later. Commissioner Grieco suggested deferring to discuss the item later in the afternoon. Vice-Mayor Rosen Gonzalez suggested moving the remaining budget amendment items without the portion of the Southgate Tower. Discussion continued. Al Philips, representing West Avenue Neighborhood Association, explained that they met with the Planning Department, Environmental, Public Works and Greenspace Management, and all departments have been very helpful. There are 14 segments to the baywalk, and only five have been done. To understand this, you need to go through each Design Review Board meeting. They came across this issue and there is no precedent for the City using public monies to do this fence. They have precedents where a building has actually built their baywalk and opened it to the public. For this property owner, he would like him to know that there are commercial operations that will be open, restaurants and the neighborhood is not on their side. It is clear to them that there has not been an update on the baywalk since 2009. There are performance and financial obligations, not just on these private property owners, but also on the City. He suggested getting that done. Vice-Mayor Rosen Gonzalez suggested referring the item. Motion by Commissioner Grieco to refer the baywalk portion of the item to the Neighborhood/Community Affairs Committee (NCAC); seconded by Commissioner Alemán; Voice vote: 6-0; Absent: Mayor Levine. Discussion continued. Mr. Mooney added that they have had discussions presenting the design, permitting and construction costs associated with the baywalk at the South Bay Club and he believes is in the upcoming FY 17/18 Capital Budget request. Jimmy L. Morales, City Manager, explained that they do not have a dedicated funding for the baywalk, so that is a challenge. He knows in the past they have received grant moneys for portions of it, but this would be another capital project that appears yearly. Margarita Wells, Environment and Sustainability Manager, stated that they have a capital budget project intended to fund baywalk projects. At this time, the only option would be to supplement that funding in the upcoming capital budget process. Commissioner Alemán moved to rescind the prior referral, and suggested referring the item to the Finance and Citywide Projects Committee. Discussion continued regarding a dual referral. Vice-Mayor Rosen Gonzalez requested a dual referral for the baywalk portion to the Finance and Citywide Projects and Neighborhood/Community Affairs Committee, and After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 75 of 138 there was consensus to refer to both. She also suggested discussing finding the funds needed of $195,000 as a separate motion. Commissioner Grieco clarified that the specific budget item on today’s Agenda is not being referred; it is still pending. Cintya G. Ramos, Budget and Performance Improvement Director, continued with the list of items budgeted: 17. De-appropriation of Parking Garage Lot P13 on 10th and Washington in the amount of $8.5 million to the Parking Impact Fees Fund. David Martinez, CIP Director, stated that there is an item on the Agenda that will discuss this particular parking garage. Kathie G. Brooks, Assistant City Manager, explained that this is the garage at 10th and Washington that they originally allocated funding for, and when CIP did a feasibility study as to what they would be able to place there, it was just not feasible as it is a very small lot. Later on, there are other locations related to Washington Avenue that they will present as options. Discussion continued. Ms. Ramos continued with the list: 18. 11th Street Flamingo Neighborhood Improvements project for a total of $6,503,312 that will replace the existing water, sewer, and stormwater infrastructure, including street improvements relating to elevating final grade, upgrading of lighting, new paving, and landscaping. Vice-Mayor Rosen Gonzalez suggested moving the item, except the Southgate Tower baywalk, number 16. Motion made by Commissioner Alemán; seconded by Commissioner Malakoff, to move the remainder of the items with the exception of Item 16. Discussion continued. 2:14:53 p.m. Neisen Kasdin, Esq., representing Harry Nash Gumenick Properties, gave a brief history concerning the appropriation of the $195,000 for the wall that divides the baywalk from the Southgate Towers properties. Southgate Towers has been owned by the Gumenick family for over 60 years and have owned it ever since. A few years ago, they commenced a million dollar restoration to improve the property, and unlike other projects along West Avenue, they actually reduced the number of units, and renovated to bring up the existing building to high standard. In doing that, and in redoing the pool area, they went before the Design Review Board, and the City requested that they dedicate a public baywalk. Subsequently, the Gumenick family entered into discussion and negotiations with the City for those terms and conditions. They viewed a public baywalk as an amenity for their properties as well as the neighborhood. The issue that arose included: 1) the dedication of about 1,000 feet of privately owned bay front property, without commencing additional construction or development in trying to reduce the number of units, was an extraordinary request by the City, however they have been good citizens of the community for over 60 After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 76 of 138 years and they wanted to cooperate. There is the cost of segregating the public baywalk area from their pool deck, and the other issue was that it made no sense to have a baywalk that would just be behind their property with people walking back and forth behind their properties. In looking at the approval of the renovations to Southgate, there was discussion at the Design Review Board and the agreement between staff and the City Attorney was that they would dedicate a baywalk and open it to the public with two conditions: 1) that the City pay $195,000 for the construction of the baywalk, and that payment was due when the wall was constructed; not anytime later, and 2) that the baywalk would be open to the public at such time as the South Bay Club baywalk and the 10th Street street-end were open to the public. Once that occurred, there would be a continuous baywalk from 10th Street, to South Bay Club, to the Bentley Bay and on through South Pointe, which would be a real meaningful public amenity. He pointed out that these specific conditions were in the order back in 2013: 1. Subsection (f): the public baywalk shall become publicly accessible; open to the general public, concurrent with the completion of a public accessibility to the public bay walk for 800 W est Avenue South Bay Club, and at such time when the City has completed construction of a sidewalk on the south side at 10th Street from West Avenue to the bay. 2. Subsection (g): The public baywalk may be secured and segregated from the upland portions of the site in a manner to be reviewed and approved by the City's Planning Department design staff and the applicant. The City has agreed to fund partially the construction of a fence separating the public baywalk from the applicant's property located eastward of the public baywalk easement area in an amount not to exceed $195,000. At the Design Review Board meeting, Assistant City Manager, Jorge Gomez, came to the meeting and said that the City agreed to pay $195,000 for this separation, and specifically was not connected to the opening to the public until South Bay Club was done. Now they learn that the money apparently was not appropriated, but the Assistant City Manager and City Attorney at that time agreed and drafted the conditions, that this is what the City would do in exchange for, as part of the condition of granting a public baywalk. He concluded by saying that it is the proper thing for the City to pay its obligation, since the work has been done, and he requested that this budget amendment be adopted. Commissioner Grieco explained that Marissa Amuial did a very good job in explaining the issue, but the answer will be the same. There is not one person, including the City Manager, who was working in the City of Miami Beach on this dais in March 2013; nor an Assistant City Manager, nor does the Design Review Board have the ability, power or the right to offer anyone one cent in a Design Review Board order, without City Commission approval. The City Commission is asking his client to be a good member of the community and agree to open up the baywalk at the request of this City Commission and at the request of the neighbors in West Avenue; if not, the City Commission is not inclined to give them the money. Mr. Kasdin explained that he dealt with the City himself at the hearings and he conducted those negotiations with the City Attorney and the Assistant City Manager, so this is not to be dismissed lightly. The City made this representation and promise, and based upon that, his client agreed to create a public baywalk. Regretfully, his client will not open the baywalk to the public, and in fact, his position is that if the City does not fulfill its obligation as represented by the City, as incorporated in the order, they do not have an obligation to After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 77 of 138 open the baywalk to the public. They would like to have a park with a baywalk as envisioned, but they will not open their backyard at their expense and with their dedication with exclusion of everything. Vice-Mayor Rosen Gonzalez stated that both the client and the City should show goodwill. They are working forward with the South Bay Club to ensure that the baywalk is constructed as soon as possible, so she asked why the client could not open up the baywalk in the interim. Mr. Kasdin explained that if the baywalk were to be opened today, there would be a baywalk just behind his client’s property; it would not connect to the south or the north, therefore, the property owner would be burdened with everyone in the neighborhood using it. The reason why this condition was included in the order is that when South Bay Club opens, you will have Southgate Towers, Southgate, Bentley Bay and even a connection under the bridge, which will be a true baywalk, not someone’s backyard that people can hang out in, and then it will be an amenity for everyone. Discussion held. Vice-Mayor Rosen Gonzalez asked for a motion. Motion made by Commissioner Malakoff to move the item. No second offered. Motion fails. Mr. Kasdin added that the public would be impacted as there will not be a baywalk through that property. Commissioner Malakoff asked direction from City Attorney Aguila. She inquired if the City made an agreement via a prior Administration and a prior City Commission, does the current Commission need to keep the agreement. Raul J. Aguila, City Attorney, opined in regards to the funding issue, that Mr. Kasdin stated that an Assistant City Manager allegedly proffered the agreement and conditions of the Design Review Board order. Clearly, there was no authority under the City Code or City Charter for an administrative official or a Board to obligate the City to encumber a funding obligation that should have been subject to City Commission approval, which is what City Manager Morales is doing years later by seeking the proper course of action. There does not seem to have been any action taken so far in regards to construction or opening the baywalk. They can explore that option further, and could explore the costly of condemning the portion of the property to link the baywalk. He added that the City Manager’s actions in bringing this item to the City Commission are completely proper, and they do not know if there is a binding agreement or not. Commissioner Alemán believes it is appropriate for the City Manager to bring the item in front of this City Commission, and she is willing to entertain the idea of going back, even though there was no authority by those bodies to commit to public funds in this way; however, to ask the public to pay for a partition to separate the baywalk from the residential portion of the property, and then deny the public access to use it, it just does not make sense. Vice-Mayor Rosen Gonzalez added that everyone is losing and this could be an easy win-win situation. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 78 of 138 Mr. Kasdin clarified, for the record, that the value of the dedication of a 10 or 15-foot baywalk easement along 800 feet of waterfront property is enormous. That dedication is contingent upon other things occurring, but more importantly, the City Attorney mentioned that the wall has not been built yet, but the reason why they are here today, is that Southgate built the baywalk and the wall, and they paid for that, so consideration has been given by them to do this. In regards to the City paying for the partition, Jorge Gomez, former Assistant City Manager, came to the meeting and this was discussed. The question was raised as to whether the City would pay for the partition of the dedication. Mr. Gomez said that the City would pay. There is no basis on which anyone at that time could have thought that it was not authorized. That was the representation made by the City, and it was included in the order. Vice-Mayor Rosen Gonzalez stated that the City Commission agreed to take no further action on the item. Handouts and Reference Materials: 1. Ad No. 1296 published in The Miami Herald 11:44:23 a.m. R7 D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE THIRD AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL YEAR (FY) 2016/17. 11:06 a.m. Public Hearing Budget and Performance Improvement ACTION: Resolution 2017-29830 adopted as amended. Public Hearing held. See motions below. Cintya G. Ramos to handle. REFERRALS TO FINANCE & CITYWIDE PROJECTS COMMITTEE  Discuss item a - staffing recommendations from the BDO and the need for two new positions in the Finance Department.  Discuss item g – regarding PatternStream software for justification on the issue; John Woodruff to place on Committee Agenda. John Woodruff and Cintya G. Ramos to handle. MOTION No. 1: Motion made by Commissioner Alemán to approve the item, with the exception of items a and g, which have been referred to the Finance & Citywide Projects Committee for justification; seconded by Commissioner Arriola; Voice vote: 6-0; Absent: Mayor Levine. Cintya G. Ramos to handle. MOTION No. 2: Motion made by Commissioner Alemán to refer item a on the BDO Finance Department recommendations to the Finance & Citywide Projects Committee; seconded by Commissioner Arriola. Voice vote: 6-0; Absent: Mayor Levine. John Woodruff to place on the Committee Agenda and to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 79 of 138 MOTION 3: Motions made by Commissioner Alemán to separate item g (PatternStream), and refer to Finance and Citywide Projects Committee for justification on the issue; seconded by Commissioner Arriola. 6-0; Absent: Mayor Levine. John Woodruff to place on the Committee Agenda. Cintya G. Ramos to handle. MOTION 4: Motion made by Commissioner Arriola, seconded by Commissioner Malakoff to ask Mayor Levine to create a Task Force to research comprehensive software companies for the entire City. Voice vote: 6-0; Absent: Mayor Levine. Elizabeth Wheaton to handle. Cintya G. Ramos, Budget and Performance Improvement Director, explained that this is the third amendment to the operating budget, which realigns $70,000 within the General Fund, appropriate $7.1 million to the Enterprise Funds and $397,000 to the Special Revenue Funds. The following items are included in the budget amendments: a. Based on preliminary staffing recommendations from the BDO review of the Finance Department, two new positions in the Finance Department by adding a Financial Analyst II and a Financial Analyst I positions. b. Re-align $70,000 in funding from the Building Department to the Environment and Sustainability Department. The Second FY 2016/17 Operating Budget approved a rollover request for the Environment & Sustainability Department of $70,000 for ongoing outside inspection services. The proposed amendment is a housekeeping item that will properly budget the expenses associated with the services in the Environment & Sustainability Department. c. Appropriate $24,000 for funding of the continuation of the Digitalization of Miami Beach Archives in the City Clerk's Office. d. Appropriate $10,000 in funding for Commemorative Trees in the Environment and Sustainability Department - Commemorative Tree Fund e. Appropriate $25,000 in funding grants for Environmental Grants in the Environment and Sustainability Department. f. Appropriate $78.000 in funding for Global Positioning System Tree Inventory in the Environment and Sustainability Department. g. Appropriate $100,000 in funding for PatternStream Software from the- IT Technology Fund. h. Appropriate $160,000 in funding for Nurse Initiative and Dual Enrollment Programs in the Organizational Development and Performance Initiatives Department. i. Appropriate $1,120,000 in funding for Variable Frequency Drives in the Public Works Department After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 80 of 138 j. Appropriate $5,991,389 For Convention Center Operating - Convention Center Operations Enterprise Fund. City Manager Morales added that this last budget item includes pay for parking to Design Miami, relocating Spectra, paying rent for their offices and other operational costs coming out of the CDT (Convention Development Tax) dollars that go towards subsidizing the operations. Vice-Mayor Rosen Gonzalez asked if the Finance Department could add only one new full time position rather than two, since it is a high cost to the City and she is against growing the bureaucracy. She suggested one position dedicated to the reconciliation. Commissioner Malakoff stated that the forensic accounting team that studies the Finance Department functions recommended these two new positions. She suggested filling the positions now to ensure reconciliations. Discussion held. City Manager Morales suggested separating that budget item and approve it later, or refer that issue to the Finance & Citywide Projects Committee to have a full presentation, and invite BDO to explain why they felt the need to have the two positions. Commissioner Alemán made a motion to refer item a) to the Finance & Citywide Projects Committee, seconded by Commissioner Arriola, and invite BDO to present. Voice vote: 6- 0; Absent: Mayor Levine. Commissioner Alemán referred to Page 1133 and asked if Tyler is providing PatternStream, and if not, who the vendor is. Ms. Ramos explained that PatternStream is the vendor and is the middle ground from Excel and MSWord files. Vice-Mayor Rosen Gonzalez stated that the City should have one stop comprehensive system. There are too many vendors, and in terms of technological system, the City is investing money in old systems, and she recommended researching to go back and find one comprehensive RFP that will be in charge of all the systems, rather than adding Band-Aids to our system. She feels strongly about this. She is in agreement to approve this now, but advocates for doing a study and discussing with large companies that can take care of all departments rather than different vendors. Cintya G. Ramos stated that this software would allow her team to put together budget documents, which are now put to Excel or MSWord. Currently they must generate manual data from the financial systems, and this technology would allow them to consolidate information from different sources. Discussion continued. Commissioner Alemán made a motion to separate item g (PatternStr eam) and refer it to the Finance & Citywide Projects Committee for justification on the issue. She stated that there ought to be at least $100,000 worth of automation savings with the labor pool that would offset this; seconded by Commissioner Arriola. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 81 of 138 Vice-Mayor Rosen Gonzalez asked the City Manager what could be done to begin a study to see how the City can improve the overall technological system. City Manager Morales stated that direction has been given. Commissioner Arriola suggested putting together a Task Force headed by Commissioner Alemán, as she has background in technology. He suggested looking globally at all systems and bring them to the 21st Century. Vice-Mayor Rosen Gonzalez added that they are redoing the website with a total different company, and asked how much that is costing, since it is going live in July. City Manager Morales stated that the website companies do not do permitting software. Vice-Mayor Rosen Gonzalez explained that it all flows through one system and then when is uploaded it changes the entire operation. The new website goes through the new system and flows through that database. They need to create an entirely new database to take all of the City’s different departments and house them in one new place. That would incorporate the website. Vice-Mayor Rosen Gonzalez suggested creating a Task Force to achieve this. City Manager Morales welcomes a Task Force headed by Commissioner Alemán. Commissioner Arriola suggested Mayor Levine to bring in people from the communit y with IT background for such a Task Force. Commissioner Steinberg stated that every department has needs that must be addressed and suggested a full systems review versus a review of ERPs (Enterprise Resource Planning). Discussion continued. Raul J. Aguila, City Attorney, clarified that Mayor Levine is the only person that can create a Task Force. Vice-Mayor Rosen Gonzalez suggested referring the item to the May Commission meeting for the Mayor to create a Task Force. Motion made by Commissioner Arriola, seconded by Commissioner Malakoff to ask Mayor Levine to create a Task Force to research comprehensive software for the City. Voice vote: 6-0; Absent: Mayor Levine. Elizabeth Wheaton to handle. City Manager Morales explained that in regards to the educational funding piece, in the upcoming budget process in September, they would need to look at the long term funding for educational initiatives. Historically, the City has used either the education compact fund and/or the Waste Hauler funds, but given the commitment the City has made to support education, those terms will not be able to support the costs, and they will have to revisit the issue of long-term dedicated funding for the continued use for this and other initiatives. Vice-Mayor Rosen Gonzalez added that she was looking at garage advertising as a great venue to have recurrent funding dedicated for educational initiatives. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 82 of 138 Commissioner Alemán sits on the Quality Education Committee and they are concerned that the City keeps intact the committed funds for the IB Program, behavioral health support, dual enrollment and other programs. Whether it is through signage inside the garages or otherwise, they must find funding sources. Discussion held. Commissioner Malakoff explained that there was not enough return to the City with the garage signage; it was only $130,000 if it was out to the streets, and that was not a guarantee. Discussion continued. Motion made by Commissioner Alemán to approve the item, with the exception of budget items a and g, which have been referred to Finance & Citywide Projects for justification; seconded by Commissioner Arriola; Voice vote: 6-0; Absent: Mayor Levine. Handouts and Reference Materials: 1. Ad No. 1296 published in The Miami Herald 12:16:27 p.m. R7 E CONCURRENCY WAIVER - NORTH SHORE BANDSHELL: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING PURSUANT TO SECTION 122-5(10), "EXEMPTIONS FROM CONCURRENCY," OF THE CITY'S LAND DEVELOPMENT REGULATIONS, THE EXEMPTION OF THE NORTH SHORE BANDSHELL, LOCATED AT 7251 COLLINS AVENUE, MIAMI BEACH, FROM THE CITY'S CONCURRENCY REQUIREMENTS FOR THE CURRENT OPERATION AS AN OUTDOOR ENTERTAINMENT SPACE AND "HALL FOR HIRE," AS OPERATED BY THE RHYTHM FOUNDATION, INC. 11:10 a.m. Public Hearing Planning Commissioner Michael Grieco ACTION: Resolution 2017-29831 adopted. Public Hearing held. Motion made by Commissioner Alemán to approve the Resolution; seconded by Commissioner Grieco; Voice-vote: 6-0; Absent: Mayor Levine. Thomas Mooney to handle. Thomas Mooney, Planning Director, explained that there are three separate Resolutions, R7 E, R7 F and R7 G, and they pertain to three separate entities and require three separate votes. These three concurrency waivers deal with a fee required by Chapter 122 of the City Code relating to the number of vehicular trips generated by a particular development or business. In the instances of the Shane Watersports Center, the North Shore Bandshell and the Miami Beach Botanical Gardens, each entity now would like to obtain their own BTR in order to operate their own Hall for Hire. Once the BTR is obtained and they become a licensed establishment, under the Code, they are subject to the concurrency fee requirements. Under section 122-5, there are now ten exceptions that can be approved by the City Commission, as this section was amended in November to authorize the City Commission to waive by Resolution the concurrency requirements for these entities. These are the proposals to waive the concurrency requirements for each entity and must be voted on separate. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 83 of 138 Vice-Mayor Rosen Gonzalez stated that she will recuse herself from the Shane Watersports Center item, but will vote on the first two items that she does not have a conflict with. Raul J. Aguila, City Attorney, clarified that Vice-Mayor Rosen Gonzalez will recuse herself while Items R7 G and R7 H are discussed. In answering Commissioner Grieco’s question, he explained that it is a legal recusal and she will read her statement at that time, since her children attend the Shane Watersports Center but have also been the recipients of financial scholarships from the Center. Mike Chibaldi, longtime resident of Miami Beach, spoke in favor of the item. Handouts and Reference Materials: 1. Ad Nos. 1296 & 1299 published in The Miami Herald 2. Copies of posting, Notice of Public Hearings and mailing labels sent on March 16, 2017 3. Email from Rafael Granado dated March 21, 2017 RE: Apr 26 CC: Concurrency Resolutions with attached ads. 12:20:27 p.m. R7 F CONCURRENCY WAIVER - MIAMI BEACH BOTANICAL GARDENS: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING PURSUANT TO SECTION 122-5(10), "EXEMPTIONS FROM CONCURRENCY," OF THE CITY'S LAND DEVELOPMENT REGULATIONS, THE EXEMPTION OF THE MIAMI BEACH BOTANICAL GARDEN LOCATED AT 2000 CONVENTION CENTER DRIVE, MIAMI BEACH, FROM THE CITY'S CONCURRENCY REQUIREMENTS FOR THE CURRENT OPERATION AS A "HALL FOR HIRE," AS OPERATED BY THE MIAMI BEACH GARDEN CONSERVATORY, INC. 11:15 a.m. Public Hearing Planning Commissioner Michael Grieco ACTION: Resolution 2017-29832 adopted. Public Hearing held. Motion made by Commissioner Malakoff to approve the Resolution; seconded by Commissioner Alemán; Voice-vote: 6-0; Absent: Mayor Levine. Thomas Mooney to handle. See discussion with item R7 E. Handouts and Reference Materials: 1. Ad Nos. 1292 & 1296 published in The Miami Herald 2. Copies of posting, labels and Notice of Public Hearings mailed on March 15, 2017. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 84 of 138 12:21:57 p.m. R7 G CONCURRENCY WAIVER - SHANE WATERSPORTS CENTER: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING PURSUANT TO SECTION 122-5(10), "EXEMPTIONS FROM CONCURRENCY," OF THE CITY'S LAND DEVELOPMENT REGULATIONS, THE EXEMPTION OF THE RONALD W. SHANE WATERSPORTS CENTER, LOCATED AT 6500 INDIAN CREEK DRIVE, MIAMI BEACH, FROM THE CITY'S CONCURRENCY REQUIREMENTS FOR THE CURRENT OPERATION OF A "HALL FOR HIRE," AS LEASED AND OPERATED BY MIAMI BEACH WATERSPORTS, INC. 11:20 a.m. Public Hearing Planning Commissioner Michael Grieco ACTION: Resolution 2017-29833 adopted. Public Hearing held. See also Items R7 E and R7 H. Motion made by Commissioner Alemán to approve the Resolution; seconded by Commissioner Grieco; Voice-vote: 5-0; Absent: Mayor Levine; Abstained: Vice-Mayor Rosen Gonzalez. Thomas Mooney to handle. Vice-Mayor Rosen Gonzalez recused herself from Items R7 G and R7 H. She read the following into the record: “At the April 26, 2017 City Commission Meeting, Items R7 G and R7 H Waiver of Development Regulations for the Operation of Hall for Hire on the Agenda concerns the Shane Watersports Center on Miami Beach. My son and daughter have previously participated in programming, and my eldest daughter previously received a scholarship at one point for such programming at the Shane Watersports Center. She recuses herself and abstains from voting on Agenda Items R7 G and R7 H, due to an appearance of a possible conflict of interest, pursuant to Section 112.31433 (a) of the Florida Statutes, as provided in Section 286-012 of the Florida Statute: A municipal Commission member is permitted to abstain from voting when there is, or appears to be, a possible conflict of interest.” Vice-Mayor Rosen Gonzalez passed the gavel Commissioner Malakoff. Elaine Roden, Executive Director, Ronald Shane Watersports Center, gave a brief overview of the Center’s operations for the past 25 years and stated that during that time they added a second floor for meeting and event space, which generates a revenue stream for the nonprofit organization. Profits primarily fund scholarships and adaptive programs for disabled adults. There are no membership fees as it is fully funded by private contributions. She requested approval of the item. Discussion held. Sylvia Ospina stated her concerns and asked if the proceed of the rentals go to the Miami Beach Watersports or to the Shane Center; and secondly, if there is a liquor license, who would profit from that; the Shane Center or Miami Beach Watersports, Inc. This is a residential neighborhood and they have been subject to noise and parking hassles with the Center when events are held. She proposed limiting the lease to one or two years, condition on showing a profit and where that profit is going to go to. Dan Mikesell explained that the Center is a nonprofit organization; they are operating at a loss, and are trying to generate new money to g o directly for scholarships for high school students and wounded warriors. They are requesting a modest increase in revenue. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 85 of 138 Anthony Toussaint, Miami Beach Rowing Club member, stated that weddings are already taking place, but this would direct more revenue to the Club down to the kids that row. The Rowing Club is a place for Hire. The decision is about adding money into the scholarships for kids. Commissioner Malakoff stated that the Center is approved as a Hall for Hire, and this way the Ronald Shane Watersport Center would get the monies, rather than the caterer who is getting the money for the sales. She asked if there is an intention for this to be a lounge for drinking alcoholic beverages. Mr. Mikesell stated that it is a Rowing Center mostly for high school students and wounded warriors going to practice and there is no drinking there. Discussion continued. Barbara McDonald is in support of the item and is only concerned if they ever bring jet skis at the Center. Mr. Mikesell explained that the only motor boats are for coaches and trainers that accompany the children rowing for safety and instructional purposes. Commissioner Grieco explained that the items require five votes. The reasoning for this is to generate revenue and be able to do it in-house. He is supportive of this, but expressed his concerns. One of his concerns about the adjacent neighbors is that many of these waivers could increase the intensity of use for purposes of Hall for Hire, and they have assurances that this will not be turned into a lounge; however, as a Hall for Hire they are limited to 199 occupants. Mr. Mooney explained that the occupancy load is in excess of 199. Currently the Shane Watersports Center is not licensed as an entertainment establishment; when they first opened up, they were approved as a Hall for Hire; however, they cannot have their own liquor license and must rely in the liquor license of the caterer. In order for them to get their own liquor license, they have to license themselves as a Hall for Hire. Discussion continued regarding occupancy load. Mr. Mooney stated that the Fire Marshall sets the occupancy load, but it would depend on the size of the size of the area used. Commissioner Grieco does not want unintended consequences that the City is providing waivers that allow the Center to be a neighborhood impact establishment, with the intention of allowing them to generate revenue that they would normally be generating, but at the same time increasing the intensity of the use, which may have a negative impact on the adjacent neighbors. He wants to make sure the Center will not increase the intensity of the events. He wants people to understand that the Hall for Hire rules will continue on, and do not allow for outdoor use, outdoor speakers, and they still operate within the current rules and Code. He wants to make sure that they do not expand what they can do today. Mr. Mooney added that currently the maximum occupancy load at the Center is 400 persons and could not exceed 495 persons. If in the future, they found other areas that After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 86 of 138 could accommodate an extended use; they could go back to the Fire Marshall and ask for a higher upload. Discussion held. Commissioner Steinberg agrees that there must be protection in place for the neighbors. The Center is proposing to operate just as it does today, the difference is that the revenue would not go to a third party catering company, but rather it would stay within the facility to help improve and upgrade it, without music or disruption to the neighborhood. Discussion continued. Motion made by Commissioner Alemán to adopt the Resolution, seconded by Commissioner Grieco; Voice vote: 5-0; Absent: Mayor Levine and Vice-Mayor Rosen Gonzalez. Handouts and Reference Materials: 1. Ad Nos. 1296 & 1297 published in The Miami Herald 2. Copies of posting and Notice of Public Hearings mailed on March 15, 2017. 3. Email from Rafael Granado dated March 21, 2017 RE: Apr 26 CC: Concurrency Resolutions with attached ads. 4. Form 8B # 136 signed by Vice-Mayor Kristen Rosen Gonzalez. 5. Fax received from Lauren Luck, P.A., Latitude One on the River Officers dated May 3, 2017, representing REGATTA AT INDIAN CREEK CONDOMINIUM ASSOCIATION, INC. 12:37:09 p.m. R7 H 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 142423, 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. 11:21 a.m. Public Hearing Planning Commissioner Michael Grieco ACTION: Item opened and continued. Public Hearing held. See Item R7 G. Motion made by Commissioner Grieco to open and continue the item to the May 17, 2017 Commission Agenda, and bring back revised Resolution listing the current regulations; seconded by Commissioner Alemán; Voice-vote: 5-0; Absent: Mayor Levine; Abstained: Vice-Mayor Rosen Gonzalez. Thomas Mooney to handle. Vice-Mayor Rosen Gonzalez recused herself from Item R7 G and R7 H. Thomas Mooney, Planning Director, introduced the item. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 87 of 138 Commissioner Grieco suggested adding all the protections discussed. Frank Del Vecchio stated that the unintended consequences such as parking and liquor sale limit during certain events are the items that a Planning Board has a Conditional Use procedure (CUP) for. They are asking for authorization to have more than 199 patrons. By granting a waiver, residents will not have an opportunity to go before the Planning Board. There will not be an analysis from the Planning Director in regards to specific details, such as capacity of the parking lot, hours of Hall for Hire, liquor sales or dates and times. A CUP requires first an analysis laying out all the details, which ar e preferably heard at the Planning Board CU level. Neighbors will have an opportunity to express their concerns, and the Planning Board takes jurisdiction and is able to establish operating rules. If this is violated, instead of coming back to the City Commission, then neighbors could complain to the Planning Board and they can take jurisdiction. The City should assist them, but the CU procedure should be in place. He is not in support of the waiver. Gregg Fields, Shane Watersports Center Director, stated that they are not changing any of the current restrictions, and that is why they are seeking the waiver. If there was a change of use and intensification of the assets, that would be a different issue. They seek to waive this process, as they are not seeking to change current terms. Rafael E. Granado, City Clerk, advised Mr. Fields, to register at the Office of the City Clerk as a lobbyist. Sylvia Ospina is concerned with the loud noise and parking problems; she agrees with Mr. Del Vecchio that a neighborhood impact study should be conducted before granting a license. Again, they are concerned with the sale of liquor and the lack of noise enforcement. Barbara McDonald stated the City Commission should not rush through the approval and put in writing exactly what it is that the Center would be permitted to do. Dan Mikesell stated that it is in writing and is well defined. Elaine Roden, Executive Director, Ronald Shane Watersports Center, added that the Hall for Hire operates under contracts with the clients, who have to sign a contract. There are no restrictions on the number of events they can have, but they impose restrictions on the clients and all events end at midnight and there is a two-hour move for the vendor with no outdoor music allowed. Discussion continued. Commissioner Grieco wants some comfort level from the neighbors, and he is in agreement with coming up with reasonable restrictions, even if consistent with what they already do. He added that the City, as landlord, has the responsibility to the adjacent neighbors and requested coming up with a list of reasonable regulations consistent with what the current operations are, so that they be codified, Commissioner Alemán agreed and asked for a process to follow. Discussion held. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 88 of 138 Mr. Mooney suggested continuing the item to the May meeting, for transparency, and bringing back a revised Resolution. Commissioner Grieco clarified that he just wants to codify what the current reasonable operations are in the Resolution for May. Commissioner Steinberg clarified that in the event that they are granted a waiver they must adhere to the current policies codified in the Resolution. She thinks it is more than fair. Motion made to open and continue the item to the May Agenda, and bringing back a revised Resolution listing the current regulations; seconded by Commissioner Alemán. Voice vote: 5-0; Absent: Mayor Levine and Vice-Mayor Rosen Gonzalez. Handouts and Reference Materials: 1. Ad Nos. 1296 & 1309 published in The Miami Herald 2. Copy of Notice of Public Hearings and mailing labels sent April 4, 2017. 3. Email from Jessica Gonzalez dated March 23, 2017 RE: Apr 26 CC: Concurrency Resolutions 4. Form 8B # 136 signed by Vice-Mayor Kristen Rosen Gonzalez. 12:49:45 p.m. R7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY ADVERTISED PUBLIC HEARING, ACCEPTING THE RECOMMENDATION OF THE FINANCE & CITYWIDE PROJECTS COMMITTEE AND 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; AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A NEW LEASE AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT "A", BETWEEN THE CITY AND COLONY THEATER CAFE, INC. D/B/A SEGAFREDO (TENANT) FOR THE USE OF APPROXIMATELY 1,371 SQUARE FEET OF CITY-OWNED PROPERTY, LOCATED AT 1040 LINCOLN ROAD, MIAMI BEACH, FLORIDA (PREMISES), FOR A PERIOD OF THREE (3) YEARS, COMMENCING NOVEMBER 1, 2017 AND EXPIRING OCTOBER 31, 2020, WITH TWO (2) RENEWAL OPTIONS FOR THREE (3) YEARS EACH, AT THE CITY'S SOLE DISCRETION. 11:30 a.m. Public Hearing Tourism, Culture and Economic Development ACTION: Resolution 2017-29834 adopted. Public Hearing held. Motion made by Commissioner Arriola to approve the Resolution; seconded by Commissioner Grieco; Voice-vote: 6-0; Absent: Mayor Levine. Eva Silverstein to handle. Mark Milisits, Asset Manager, introduced the item, which is regarding a new lease agreement between the City and the Colony Theater (d/b/a Segafredo); the proposed lease is for three years with two additional renewal options for three years each at the City’s discretion. This term mirrors the current lease, which is set to exp ire October 31, 2017. They looked at the square footage for the space, and of the 1,371 total square feet, there are about 176 square feet of what they consider revenue-generating area, with an additional 495 square feet of ancillary and concession area inside the theater. The second schedule shows the comparison of the current and new leases. They increased the percentage rent from 6.5% to 7% of gross sales going forward, and set the minimum guarantee at $250 per square foot, based on the revenue generating area. They also After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 89 of 138 shifted from the CPI increase on the minimum guarantee to a fixed 2%, which will benefit the City in the end. In addition, a $25 charge for the use of the dumpster area was added per square foot. At the Finance & Citywide Projects Committ ee, the tenant asked for relief if there was business disruption due to construction, and this was incorporated into the agreement, allowing for four months of business disruption at which time they would pay the percentage of their sales only, and not be obligated to pay the minimum guarantee. The City Manager may increase this and the Administration recommends approval of the item. Handouts and Reference Materials: 1. Ad Nos. 1296 published in The Miami Herald R7 J 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. Deferred from March 22, 2017 - C7 E Office of the City Attorney Commissioner Michael Grieco ACTION: Item deferred to June 7, 2017 Commission Meeting. Lilia Cardillo to place on the Commission Agenda, if received. Eric Carpenter to handle. 6:09:51 p.m. Vice-Mayor Rosen Gonzalez handled the gavel to Commissioner Malakoff. 6:42:11 p.m. R7 K A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE & CITYWIDE PROJECTS COMMITTEE AND DIRECTING CITY STAFF TO IDENTIFY FUNDING FOR THE RECOMMENDED "PRIORITY 1" TRAFFIC CALMING IMPROVEMENTS IN THE CENTRAL BAYSHORE NEIGHBORHOOD, IN THE APPROXIMATE AMOUNT OF $500,000, AND APPROVING THE "PRIORITY 1" TRAFFIC CALMING IMPROVEMENTS SUBJECT TO CITY BUDGET APPROVAL. Continued from March 1, 2017 - R7 J Transportation ACTION: Item deferred to the May 17, 2017 Commission Meeting. Motion to defer the item to the May 17, 2017 Commission Meeting. Motion made by Commissioner Alemán; seconded by Commissioner Arriola: 4-0; Absent: Mayor Levine, Vice-Mayor Rosen Gonzalez, and Commissioner Grieco. Jose Gonzalez to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 90 of 138 11:58:49 p.m. R7 L A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO REJECT ALL PROPOSALS RECEIVED, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2017-081-WG, FOR CITY MUNICIPAL PARKING GARAGE ADVERTISING SERVICES. Marketing and Communications/Procurement ACTION: Resolution 2017-29835 adopted. Motion made by Commissioner Arriola to authorize the Administration to negotiate with Alchemy Media as the top ranked proposer or Group II Parking Garage Advertising, to include interiors and exteriors, and to bring back a financial proposal to the City Commission; seconded by Commissioner Grieco; Voice-vote: 4-2; Opposed: Commissioner Malakoff and Steinberg. Absent: Mayor Levine. Tonya Daniels and Alex Denis to handle. City Manager Morales explained his recommendation. The direction they felt the Administration had was to focus on advertising inside the garage that was not visible from the street at an approximate $100,000 income, which did not appear to him worth the effort and controversy. If advertising is included, which is visible from the street, then the income is $300,000 plus, but it is a policy decision. Discussion held. Ralph Andrade, Esq., representing Bayberry Media New York, LLC, stated that the advertising is within the City’s garages, that would be visible to someone walking by as a pedestrian on the street, but they are not referring to the murals that they see in the City of Miami or Time Squares. It would be controlled, limited ad subject to City approval, as far as content, placement and design. As part of the offer to the City, is free advertisement space in 19 other major markets throughout the country, such as New York, Los Angeles, Boston, San Francisco and others, where the City can use that advertising space to market the City as a destination. He believes that the dollar value proposal to the City for the advertising rights that they would be given are fair and equitable for all parties; but asked not to make a final decision at this point, and if the direction is that they want to negotiate, he suggested bringing the agreement back for approval and they will be happy to negotiate with the City. Discussion held regarding murals, limited advertising and dollars generated. Commissioner Arriola clarified that he would be interested in seeing what the numbers look like. He requested to see a menu of options to see what they are discussing. Discussion continued. Commissioner Steinberg stated that taste can be subjective, and she is consistent as how she feels about this as far as expanding advertisement, so she is not comfortable. Discussion continued. Vice-Mayor Rosen Gonzalez suggested presenting the advertisements to the DRB to ensure that what they present it fits the character of Miami Beach. Discussion continued. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 91 of 138 City Manager Morales explained, for procedural point, that the RFP did not go out for murals, and if this were to be revisited, then they would have to be rebid. Commissioner Alemán suggested not pursuing the Resolution today and exploring the issue of the murals further. She additionally asked whether any of her colleagues would be interested in selling naming rights to the Convention Center if it would garner $20 million or so. She asked if her colleagues would like to direct the City Manager to explore the issue of naming rights. Commissioner Steinberg stated that although it is for monetary contribution to the City, she does not think the Convention Center should be named for any one particular person or entity, and has concerns about opening that door. Vice-Mayor Rosen Gonzalez asked to defer the item to May and in the interim, they could negotiate. Raul J. Aguila, City Attorney, stated that the Cone of Silence in place, and the City cannot negotiate while the Cone is pending. The action today is to accept the City Manager’s recommendation rejecting all proposals, or award the proposal and authorize negotiations with the top ranked proposer. Discussion continued. Commissioner Malakoff stated that there are other means of finding money to fund educational initiatives to continue with the IB Program and the dual enrollment program. They City already use services hired on a competitive basis and there is no reason why they could not get more funding for education for service providers. She does not think ads in garages are needed to provide for education funding. She read that the signage proposed could be as large as 16 x 8 feet, visible to the right-of-way, and this is almost as large as a mural, and she rejects this and agrees with the City Manager’s recommendation. Vice-Mayor Rosen Gonzalez stated that this is a way to generate revenue without making services more expensive. She requested that they get approval from the DRB. Commissioner Arriola explained that they are not committed to doing a deal, but in approving it, they are giving the City Manager the opportunity to get the best economic deal he can and then bring it back for final approval. City Attorney Aguila stated the City Commission could make a motion to authorize negotiations and bring back to the City Commission for approval. If they were to negotiate a contract, the provision would be more appropriate in the contract that advertising signs be subject to approval, DRB if directed, but at this point, it is premature. Commissioner Alemán added that at the Finance & Citywide Projects Committee, the presentation was made, and the positioning of some of the very large advertisements, while they were not outside of the building, it seemed that they might as well have been, since they were so close to the sidewalk. She is in support to explore this further, but does not want to commit to an award. Again, what they saw at that meeting they are not in support of. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 92 of 138 Mr. Andrade received an email yesterday indicating that the item was going to be opened and continued and he can answer that question. He thinks the signage, size and location could be adjusted, and that would affect the value, but they are open to have those conversations with the City Manager. He will convey the sentiments of this body to his client and they will negotiate in good faith. Motion made by Commissioner Arriola to award the proposal and instruct the City Manager to negotiate the best economic deal possible, including interior and exterior, and bring back with the provision that the funds are dedicated to support the educational funds; seconded by Commissioner Grieco; Opposed: Commissioner Malakoff. Commissioner Malakoff asked if the award is for City Media or Alchemy Media, to which Mr. Andrade answered that it is Alchemy Media. Discussion continued. Commissioner Steinberg stated that at the Quality Education Committee, they are discussing finding sustainable sources and she does not think they should tie it at this moment to make it a caveat that this goes forward. She does not know if this is going to work out dollars and cents and there may be other motions from the Committee to sustain the enhancement for education. Discussion held regarding selection. City Attorney Aguila stated that Alchemy Media was ranked the top ranked proposal for Group II parking garage advertising, which includes interiors and exteriors. The motion is to authorize the Administration to negotiate with Alchemy Media as the top ranked proposer or Group II Parking Garage Advertising, to include interiors and exteriors, and to bring back a financial proposal to the City Commission. Handouts or Reference Materials: 1. Email from Rafael E. Andrade Ralph@mbeachconsulting.com, dated April 19, 2017 RE: City Manager Recommendation 2017-081-WG City Municipal Parking Garage Advertising with attached document titled CM Recommendation 2017-081-WG.pdf. 2. Email from Rafael E. Andrade Ralph@mbeachconsulting.com, dated April 19, 2017 RE: City Manager Recommendation 2017-081-WG City Municipal Parking Garage Advertising with attached document titled CM Recommendation 2017-081-WG.pdf. 3. Email from Jimmy Morales to Rafael E. Andrade dated April 19, 2017 RE: City Manager Recommendation 2017-081-WG City Municipal Parking Garage Advertising. 4. Email from Ralph Andrade Ralph@mbeachconsulting.com dated April 20, 2017 RE: City Manager Recommendation 2017-081-WG City Municipal Parking Garage Advertising with attached Revenue Proposal Form. 5. Email from Jimmy Morales dated April 21, 2017 to Ralph Andrade RE: City Manager Recommendation 2017-081-WG City Municipal Parking Garage Advertising. 6. Email from Ralph Andrade Ralph@mbeachconsulting.com to Jimmy Morales dated April 25, 2017 RE: City Manager Recommendation 2017-081-WG City Municipal Parking Garage Advertising. 7. Email from Jimmy Morales to Rafael E. Andrade dated April 24, 2017 RE: City Manager Recommendation 2017-081-WG City Municipal Parking Garage Advertising. 8. Email from Alex Denis to Ralph Andrade dated April 24, 2017 RE: City Manager Recommendation 2017-081-WG City Municipal Parking Garage Advertising. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 93 of 138 9. Email from Rafael E. Andrade Ralph@mbeachconsulting.com to Jimmy Morales dated April 24, 2017 RE: City Manager Recommendation 2017-081-WG City Municipal Parking Garage Advertising. 10. Email from Ralph Andrade Ralph@mbeachconsulting.com to Alex Denis dated April 25, 2017 RE: City Manager Recommendation 2017-081-WG City Municipal Parking Garage Advertising. 11. Email from Ralph Andrade Ralph@mbeachconsulting.com to John Alemán dated April 25, 2017 RE: City Manager Recommendation 2017-081-WG City Municipal Parking Garage Advertising (Item R7 L). 12. Email from Ralph Andrade Ralph@mbeachconsulting.com to ricky.arriola@inktel.com dated April 25, 2017 RE: City Manager Recommendation 2017-081-WG City Municipal Parking Garage Advertising (Item R7 L). 13. Email from Ralph Andrade Ralph@mbeachconsulting.com to Michael Grieco dated April 25, 2017 RE: City Manager Recommendation 2017-081-WG City Municipal Parking Garage Advertising (Item R7 L). 14. Email from Alex Denis dated April 25, 2017 to Ralph Andrade RE: City Manager Recommendation 2017-081-WG City Municipal Parking Garage Advertising. 15. Email from Rafael Andrade Ralph@mbeachconsulting.com to Alex Denis dated April 25, 2017 RE: City Manager Recommendation 2017-081-WG City Municipal Parking Garage Advertising. 16. Email from Rafael Andrade Ralph@mbeachconsulting.com to Vice-Mayor Rosen Gonzalez dated April 25, 2017 RE: City Manager Recommendation 2017-081-WG City Municipal Parking Garage Advertising (Item R7 L). 17. Email from Rafael Andrade Ralph@mbeachconsulting.com to Alex Denis dated April 25, 2017 RE: City Manager Recommendation 2017-081-WG City Municipal Parking Garage Advertising. 18. Email from Alex Denis to Ralph Andrade dated April 25, 2017 RE: City Manager Recommendation 2017-081-WG City Municipal Parking Garage Advertising. 9:47:39 a.m. R7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO REJECT ALL PROPOSALS RECEIVED, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2017-005-WG, FOR FEDERAL GOVERNMENTAL CONSULTING SERVICES. Mayor's Office/Procurement ACTION: Resolution 2017-29836 adopted. Motion made by Commissioner Malakoff to approve the Resolution; seconded by Commissioner Arriola; Voice-vote: 6-0; Absent: Mayor Levine. Marcia Monserrat, Judy Hoanshelt and Alex Denis to handle. Jimmy L. Morales, City Manager, stated that the Federal lobbying firm, Holland and Knight Law Firm, also represent clients doing work before the City, and in consulting with the Office of the City Attorney, they advised the firm of the conflict of interest, and after discussions, they withdrew their proposal. He recommends rejecting all bids and going back out to bid, making it clear on the RFP about the conflict of interest. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 94 of 138 R7 N A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO INVITATION TO NEGOTIATE (ITN) 2017-097-WG FOR CITY EMPLOYEE HEALTHY CAFE; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH TASTE BAKERY CAFE, LLC., THE TOP RANKED PROPOSER; FURTHER, SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING WITH TASTE BAKERY CAFE, LLC., AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH SANDEL BEACH, LLC., THE SECOND RANKED PROPOSER; AND FURTHER, PROVIDING THAT THE FINAL AGREEMENT SHALL BE SUBJECT TO THE ADVANCE APPROVAL OF THE MAYOR AND CITY COMMISSION. Tourism, Culture and Economic Development/Procurement Philip Levine, Mayor ACTION: Item deferred. Lilia Cardillo to place on the Commission Agenda, if received. Eva Silverstein and Alex Denis to handle. Handouts and Reference Materials: 1. Letter of Protest dated April 21, 2017 from Cristina Felpeto Delaney & Esteban Aguila RE: Oral Presentations made comparing and ranking both firms proposals. 6:25:09 p.m. R7 O 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. 2016-205-KB, FOR DESIGN/BUILD SERVICES FOR RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM FOR FLAMINGO PARK NEIGHBORHOOD (PHASE II), TO DAVID MANCINI & SONS, INC., WITH THE GUARANTEED MAXIMUM PRICE (GMP) IN THE AMOUNT OF $6,692,720.01; AUTHORIZING A TEN PERCENT (10%) OWNER'S CONTINGENCY FOR THE PROJECT IN THE AMOUNT OF $669,272.00; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DESIGN BUILD AGREEMENT WITH DAVID MANCINI & SONS, INC. Public Works/Procurement ACTION: Resolution 2017-29837 adopted. Motion made by Commissioner Alemán to approve the Resolution; seconded by Commissioner Grieco; Voice-vote: 5-0; Absent: Mayor Levine and Vice-Mayor Rosen Gonzalez. Eric Carpenter and Alex Denis to handle. Eric Carpenter, Assistant City Manager/Public Works Director, introduced the item, which is the RFP to assign the contract for the remainder of 11th Street, between Alton Road and Washington Avenue. They completed the piece between Euclid Avenue and Jefferson, and they looked at options and decided to go out to RFP. They had good competition during the process and are bringing back the highest ranked proposer for a total amount of $6,692,720.01 with a 10% owner’s contingency of $669,272.00 for a total of $7.561 million. Commissioner Malakoff asked if David Mancini is the same contractor who did the last work on 11th Street, to which Mr. Carpenter answered in the affirmative; his company is actually performing the work with good feedback. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 95 of 138 Mr. Carpenter added, for the record, that similar to the challenges faced on the West Avenue project, they do have a shortfall in above ground funding on this, and they will be bringing to the City Commission the issuance of an NTP 1 to do the underground work, and will need to identify and issue an NTP 2 for that portion. City Manager Morales explained that the issue is about trees and above ground issues that could not be paid from the stormwater funds, but they need to find another source. Eric Carpenter to handle. 3:00:58 p.m. R7 P 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 REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH MYEQUILIBRIA IN AN AMOUNT NOT TO EXCEED $175,000.00, FOR THE OUTDOOR FITNESS EQUIPMENT AND INSTALLATION WITHIN THE MUSCLE BEACH AREA OF LUMMUS PARK; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS. Parks and Recreation ACTION: Resolution 2017-29838 adopted. Motion made by Commissioner Malakoff to approve the Resolution; seconded by Commissioner Alemán; Voice-vote: 5-0; Absent: Mayor Levine and Commissioner Grieco. John Rebar to handle. John Rebar, Parks & Recreation Director, explained that they have been discussing enhancing Lummus Park, and have been focusing on renovating the Muscle Beach area at 9th Street. The equipment is antiquated and they were looking for something very iconic to the City. They came across MyEquilibria, they also did an RFI through Procurement, received unanimous approval through the HPB, a letter of support from the Miami Design Preservation League, and letter from Michael Barrineau, from South of Fifth, who actually went to see the Milan installation in Italy. There has been outreach to the Ocean Drive Business Association members before making their recommendation. Click link to view Presentation. Parks and Recreation Director Rebar introduced the artist, Vito Di Bari. Mr. Di Bari has received the International Silver A Design Award for the tree-shape sculpture. He is one of the most important futurists in the world, with 30 years of experience. He is a University professor in Design; has published over 10 books and is very competent. This concept was born actually in Miami Beach. Vito Di Bari showed a video regarding MyEquilibria outdoor gym. Discussion held. Commissioner Alemán stated that the Ocean Drive BID (Business Improvement District), HPB and MDPL approved this item and it is funded. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 96 of 138 Commissioner Steinberg stated that the item went through an RFI process, not an RFP, since there was not an actual criteria, therefore, there was a process where companies came and a selection team made. Parks and Recreation Director Rebar confirmed that was the process. Commissioner Steinberg is concerned how the material would fare in the salt air. Parks and Recreation Director Rebar explained that the material used in the sculpture is a nautical grade stainless steel, which is perfect for that environment. Commissioner Steinberg asked about the ongoing maintenance costs, if any. Parks and Recreation Director Rebar clarified that there is an App that could be downloaded for the tutorials, and there is no software maintenance. Vice-Mayor Rosen Gonzalez added that this is unique and so iconic, it will be a game changer for the area and she is in support of the item. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán. Voice- vote: 5-0; Absent: Mayor Levine and Commissioner Grieco. Mitch Novick read the report in regards to the antiquated equipment and asked how old the equipment is. In 2010, the City demolished the apparatus at Lummus Park that was installed in 1993, as it was damaged during Hurricane Andrew. His concern is regarding the $200,000 price tag. Parks and Recreation Director Rebar stated that the current equipment is several years old. Handouts and Reference Materials: 1. Email from Michael Barrineau dated April 26, 2017 RE: MyEquilibria Installation in Milan to John Rebar. 6:37:28 p.m. SUPPLEMENTAL MATERIAL: MEMORANDUM R7 Q A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE FINDINGS AND WRITTEN RECOMMENDATION OF THE CITY MANAGER WITH RESPECT TO THE INDIAN CREEK DRIVE/STATE ROAD (SR) A1A, 26 STREET TO 41 STREET - FLOODING MITIGATION PROJECT (THE "PROJECT"), AND CERTIFYING A VALID PUBLIC EMERGENCY PURSUANT TO SUBSECTIONS 287.055(3)(a)(1) AND (9)(c)(6), FLORIDA STATUTES; AND, AS PERMITTED PURSUANT TO SUBSECTION 2-367(e) OF THE CITY CODE, 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 PROJECT; SAID AMENDMENT IN THE AMOUNT OF $863,171.92 PLUS A $86,317.19 CONTINGENCY, FOR A TOTAL AMOUNT OF $949,489.11, TO PROVIDE 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, WITH THE CONSTRUCTION PLANS TO After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 97 of 138 INCLUDE ROADWAY, TRAFFIC CONTROL PLANS, SEAWALL, DRAINAGE, SIGNING AND PAVEMENT MARKINGS, LIGHTING AND SIGNALIZATION COMPONENTS, AND RELATED IMPROVEMENTS. Public Works ACTION: Resolution 2017-29839 adopted. Motion made by Commissioner Alemán to approve the Resolution; seconded by Commissioner Arriola; Voice-vote: 5-0; Absent: Mayor Levine and Vice-Mayor Rosen Gonzalez. Eric Carpenter to handle. Eric Carpenter, Assistant City Manager/Public Works Director, explained that the item is the continuation of the emergency work on Indian Creek Drive. The Resolution would award the DCP (Design, Construction, Planning) package to Ribbeck Engineering, who was the FDOT Consultant working on the project prior to the City’s involvement. Once the City became involved with FDOT and took the project over for expediting, they decided to bring Ribbeck with them. This portion of the work would allow them to continue on a fast track, installing pipes and pump stations structures along Indian Creek, to be ready for the king tides this year. After reviewing different mechanism to accomplish this, they believe that the most expeditious and efficient way is to use the DCP engineer to do the preliminary design drawings that they could build from, while they prepare and put out to bid the DCP. FDOT has committed in writing that this would be eligible for reimbursement under their existing agreement with the City, and ultimately it would be 80% recoverable under the contract. Commissioner Alemán stated this is critical and how that area is affected during king tides, so there is an urgency to this item. Motion made and seconded. 4:39:29 p.m. R7 R A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REAFFIRMING A COMMITMENT TO THE DESIGN AND IMPLEMENTATION OF A STORMWATER SYSTEM WITH SUFFICIENT CAPACITY TO HANDLE BOTH PUBLIC AND PRIVATE STORMWATER RUNOFF IN THE CITY AND DIRECTING THE CITY ADMINISTRATION TO DEVELOP A POLICY AND ENGINEERING SOLUTION FOR PRIVATE PROPERTY OWNERS WITHIN THE CITY'S MUNICIPAL STORMWATER SYSTEM. Office of the City Attorney Commissioner John Elizabeth Alemán ACTION: Resolution 2017-29840 adopted. Item heard in conjunction with R9 J, R9 AI and R9 AJ. Title of the Resolution heard into the record. Motion made by Commissioner Arriola to approve the Resolution; seconded by Commissioner Grieco; Voice-vote: 6-0; Absent: Mayor Levine. Eric Carpenter to handle. Vice-Mayor Rosen Gonzalez explained that they want to address some of these items in a workshop so the City Commission can take action. She suggested vetting items in a public workshop and that would encompass the related items. This is a controversial item and residents are asking to defer the project. Discussion held. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 98 of 138 Vice-Mayor Rosen Gonzalez withdrew item R9 J. Commissioner Alemán explained that the City was going to implement a stormwater system. She read a portion of the Resolution into the record. WHEREAS, based upon the parameters of a 5-year design storm event (7.5 inches of rainfall in 24 hours), the Mayor and City Commission deem it in the best interest of the City and its residents: 1. To design and implement a stormwater system with sufficient capacity to handle both public and private stormwater runoff; 2. To develop a policy and engineering solution for private property owners within the City's municipal stormwater system; 3. That the City not shed stormwater from public property or rights-of-way onto private property; 4. That the City not penalize homeowners who have relied on gravitational flow of their stormwater into the municipal stormwater system in the past; 5. That the City coordinate a stormwater system that would have the capacity to allow private property owners to connect to the system; 6. To work on a methodology for rewarding and encouraging homeowners to retain their own stormwater on site; and 7. That the City update Chapter 110 of the City Code relating to the stormwater management fees to ensure proper capitalization of the program through cost recovery. The purpose of the Resolution is to bring us together as how the water will be handled. Vice-Mayor Rosen Gonzalez is concerned about the difference between the six inches between Sunset III and IV and other areas. Discussion held. Commissioner Malakoff added that they have to make sure the investment is protected. The City hired ECOMB and they have a Blue Ribbon Panel, studying all these issues with engineering firms, and you cannot change the elevation. Commissioner Arriola moved to adopt the Resolution; seconded by Commissioner Grieco; Voice vote: 6-0; Absent: Mayor Levine. Discussion continued. Handouts and Reference Materials: 1. Email from Scott Robins dated April 24, 2017 RE: R7R Stormwater Resolution and email from Rafael E. Granado to Scott Robins dated April 25, 2017 forwarding email to Mayor and Commissioners. 2. Email from Joy Malakoff dated April 25, 2017 RE: R7R Stormwater Resolution to Rafael Granado in response to Scott Robins’s email forwarded. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 99 of 138 6:39:50 p.m. R7 S A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA), ATTACHED AS EXHIBIT 1, BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), WHICH WOULD CONVEY FULL LANDSCAPE MAINTENANCE RESPONSIBILITIES TO THE CITY, FOR THE ENHANCED LANDSCAPING ON THE EAST SIDE OF ALTON ROAD, BETWEEN 6TH STREET AND 7TH STREET; AND REQUIRE EDELMAN DEVELOPMENT CORPORATION (THE "PROPERTY OWNER") OF 633 ALTON ROAD, TO EXECUTE A DECLARATION OF RESTRICTIONS, ATTACHED HERETO AS EXHIBIT 2, WHICH RESTRICTIONS WOULD ENSURE REIMBURSEMENT TO THE CITY OF THE LANDSCAPING IMPROVEMENTS AND MAINTENANCE COSTS ASSOCIATED WITH THE MMOA. Public Works ACTION: Resolution 2017-29841 adopted as amended. Motion made by Commissioner Alemán to approve the Resolution as amended with the correct name of the property owner; seconded by Commissioner Arriola; Voice-vote: 4-0; Absent: Mayor Levine, Vice-Mayor Rosen Gonzalez and Commissioner Grieco. Eric Carpenter to handle. City Clerk’s Note: Amended Resolution distributed on the dais. Eric Carpenter, Assistant City Manager/Public Works Director, explained that the name of the property owner was changed on this particular item. In terms of ornamental landscaping on FDOT right of ways, FDOT requires an agreement with the City not the property owner. In this case, the City will enter into an MMOA and a covenant will be put on the property to make them responsible to maintain it in perpetuity. The State does not want to deal with private property owners directly. Handouts and Reference Materials: 1. Resolution 6:42:43 p.m. Deferring Commissioner Grieco’s items R7 V, R9 D, R9 R, and R9 W. Motion made by Commissioner Arriola, seconded by Commissioner Alemán. Voice-vote: 4-0. Absent: Mayor Levine, Vice-Mayor Rosen Gonzalez, and Commissioner Grieco. See individual items for additional information. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 100 of 138 11:16:11 a.m. R7 T A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO DESIGN AND CONSTRUCT AN ADDITIONAL ESCALATOR, ELEVATOR AND RELATED IMPROVEMENTS AT THE MIAMI BEACH CONVENTION CENTER (MBCC), FOR A DIRECT CONNECTION FROM THE EXHIBIT HALLS TO THE NEW GRAND BALLROOM, FOR THE BENEFIT OF ART BASEL AND OTHER FUTURE EVENTS AT THE MBCC, WITH CONSTRUCTION OF THE ADDITIONAL IMPROVEMENTS SUBJECT TO AND CONTINGENT UPON EXECUTION OF A LONG-TERM LICENSE AGREEMENT WITH ART BASEL U.S. CORP.; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND FENTRESS ARCHITECTS FOR ADDITIONAL SERVICES RELATED TO THE DESIGN REVISIONS, IN THE NOT-TO- EXCEED AMOUNT OF $124,240. Convention Center District ACTION: Resolution 2017-29842 adopted. Motion made by Commissioner Malakoff to approve the Resolution; seconded by Commissioner Grieco; Voice-vote: 6-0; Absent: Mayor Levine. Maria Hernandez and Rafael Paz to handle. Maria Hernandez, Project Director - Convention Center District, introduced the item. This item is a Resolution to approve $124,140 for the design of an elevator/escalator addition to the Convention Center at the request of Art Basel Miami Beach. The estimate is to have the elevator/escalator ready for the 2018 show. Art Basel has agreed, in exchange, to discuss entering into a long-term lease agreement, subject to negotiation and City approval. Vice-Mayor Rosen Gonzalez stated that the elevator/escalator expense is to guarantee Art Basel will be hosted in Miami Beach for the next ten years. City Manager Morales stated that Art Basel requested the elevator/escalator as part of their exhibit’s growth and desire to stay in Miami Beach for the long-term. The elevator/escalator will connect the exhibit floor to the upstairs ballroom. It is an unusual request as no other building in the country has a similar structure as the one Art Basel is requesting. As far as he knows, there is only one similar structure and that is the one in Basel, Switzerland. Commissioner Alemán stated that the $124,140 are just for design, an additional $2.8 million will have to be allocated for its construction. Commissioner Malakoff believes this is a win-win situation, as Art Basel brings in several millions of dollars to Miami Beach each year; and this agreement would have Art Basel agree to stay in Miami Beach for the long-term. City Manager Morales stated that the funding for this project would come from the Convention Center Development Tax, which can only be used for Convention Center funding. It will not affect any other project in the City. Commissioner Steinberg asked for the City not to move forward with the elevator/escalator unless the City receives a commitment from Art Basel that they will remain in Miami Beach for the next ten years. Maria Hernandez and Rafael Paz to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 101 of 138 6:21:31 p.m. SUPPLEMENTAL MATERIAL 2: REVISED MEMORANDUM & RESOLUTION R7 U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION TO PROCEED WITH A CONSULTANT SERVICE ORDER TO ENGAGE DESMAN, INC. TO PREPARE DESIGNS FOR A PARKING GARAGE STRUCTURE, AND A NEW RECREATIONAL PARK WITH A SKATE PARK AND COMMUNITY USE SPACE, AT THE 72ND STREET PARKING LOT SITE BETWEEN 72ND AND 73RD STREETS, AND BETWEEN COLLINS AND HARDING AVENUES, IN ACCORDANCE WITH THE AGREEMENT BETWEEN THE CITY AND DESMAN, INC. FOR ARCHITECTURAL AND ENGINEERING DESIGN CRITERIA PROFESSIONAL SERVICES FOR MIXED-USE PARKING GARAGES ON AN “AS-NEEDED-BASIS” PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2016-124-KB; AND, FURTHER, DIRECTING THE CITY ADMINISTRATION TO PREPARE A BUDGET ITEM REQUEST FOR CONSIDERATION OF THE PROJECT IN THE CITY’S FISCAL YEAR 2017-2018 BUDGET. Office of the City Attorney Commissioner John Elizabeth Alemán and Co-Sponsored by Commissioner Joy Malakoff ACTION: Resolution 2017-29843 adopted. Item referred to the Finance & Citywide Projects Committee (FCWPC). Item heard in conjunction with item R9 S. Motion made by Commissioner Alemán to approve the Resolution; seconded by Commissioner Arriola; Voice-vote: 5-0; Absent: Mayor Levine and Vice-Mayor Rosen Gonzalez. Eva Silverstein, Saul Frances, John Rebar and Cintya G. Ramos to handle. REFERRAL: Feasibility Assessment Study referred to the Finance & Citywide Projects Committee. John Woodruff to place on the Committee agenda. Eva Silverstein, David Martinez, John Rebar and Cintya G. Ramos to handle. Commissioner Alemán introduced the item. This item is intended to proceed immediately with the work on 72nd Street lot. It includes the design criteria package for mixed-use garages with Desman, Inc. A budget item will be created and funded with whatever funds necessary from the existing skate park to create a criteria package. Marguerite Ramos stated that both items, R9 S and R7 U, received unanimous support in the Mayor’s North Beach Master Plan Steering Committee. David Martinez, CIP Director, stated that the $930,000 figure is only if Desman decides to go through construction of the whole parcel. Commissioner Alemán asked Desman to do a feasibility study and have those findings return to the City Commission for analysis. David Martinez to handle. Commissioner Alemán suggested referring the feasibility study to the Finance & Citywide Projects Committee; the City Commission agreed. Handouts or Reference Materials: 1. Email from Bonnie Stewart dated April 24, 2017 RE: Commissioner Malakoff added as co-sponsor to item R7 U. 2. Email from Commissioner John Alemán dated April 24, 2017 RE: Skate Park/Gar age Project history. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 102 of 138 6:43:07 p.m. R7 V A RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE SUSTAINABILITY & RESILIENCY COMMITTEE AND THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO TRANSITION TO NON-GAS POWERED LEAF BLOWERS FOR CITY OPERATIONS AND CONTRACTORS. Public Works Commissioner Michael Grieco ACTION: Item deferred to the May 17, 2017 Commission Meeting. Motion to defer items R7 V, R9 D, R9 R, and R9 W to the May 17, 2017 Commission Meeting. Motion made by Commissioner Arriola; seconded by Commissioner Alemán: 4-0; Absent: Mayor Levine, Vice-Mayor Rosen Gonzalez, and Commissioner Grieco. Eric Carpenter to handle. 2:45:55 p.m. R7 W A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE, WHICH WAS ISSUED AT THE MARCH 17, 2017 MEETING, AND RECOMMENDS THAT THE MAYOR AND CITY COMMISSION NOT APPROVE OR AUTHORIZE ANY COMMERCIAL BUSINESS CONCESSION AGREEMENT(S) FOR THE BARRY KUTUN BOAT RAMP. Parks and Recreation ACTION: Resolution 2017-29844 adopted as amended, with a one-month extension. Motion made by Commissioner Malakoff to approve the Resolution; seconded by Commissioner Alemán; Voice-vote: 6-0; Absent: Mayor Levine. John Rebar to handle. City Clerk’s Note: Item moved from C7 S. John Rebar, Parks & Recreation Department Director, stated that this item has been talked about for a couple of years. It has to do with what to do with the boat ramp at Maurice Gibb Park. In 2015, the City Commission passed a Resolution to prohibit commercial use and limit the parking lot for resident use only. An Ordinance was passed in 2016, to move ahead and put this in the Code to restrict use and contemplate concession agreements for amphibious tours and jet skis. These conversations have taken place with the neighborhood, and they have requested the City not to engage in commercial use in Maurice Gibb Park. Vice-Mayor Rosen Gonzalez stated that she is in agreement with the recommendation to ban concessions in Maurice Gibb Park. Phil Stamentieres, Hector’s Watersports, stated that Hector’s Watersports has been operating in the area for 25 years. He detailed the safety and noise reducing provisions practiced by his client. They instruct their customers about strict no-wake zone speeds. By banning Hector’s Watersports, the City Commission will not be reducing noise or jet ski speeds. He respectfully asked the City Commission to reconsider. Vice-Mayor Rosen Gonzalez agreed with Mr. Stamentieres’s statement. Tommy Maldonado stated that he believes the City Commission is acting on only half of the story. There are new developments coming into play. A balance needs to take place After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 103 of 138 with the ramp. He believes the ramp should be kept open to the public as it currently is, but the area would greatly benefit from security. Vice-Mayor Rosen Gonzalez stated that she would like to hear the pros and cons from residents. Ryan Freeman, American Watersports, expressed his concerns with Hector’s Watersports, as he believes that company left the area in order not to pay the marina fees. He further believes that that company does not have the proper occupational and captain’s licenses to be legally operational. Wendy Walsh stated that she lives across the street from the park. The issue is not just about the no-wake zone, but also about the number of people who go by the area. She does not see any benefit to the residents for the boat ramp to remain as-is. It is for that reason that the City Commission is currently addressing this issue. There are other means to access the bay just a mile away from the ramp. She advocates against any extension. Ralph Andrade, representing I-95 Jet Skis, stated that contrary to what was previously stated, his client does have the required business licenses. He believes American Watersports is trying to suppress competition in the area. He asked for an extension until August, as his client has contractual obligations to fulfill as many people book ahead of time. Dan Kipnis, Marine & Waterfront Protection Authority, asked the City Commission not to grant an extension. Commissioner Malakoff motioned to move the item as-is without an extension; seconded by Commissioner Alemán. This vote was voided after discussions lead by Commissioner Arriola were held to grant a one-month extension. The City Commission agreed to the one-month extension. Commissioner Arriola changed his vote to favor the item, resulting in the granting of the one-month extension. Final Voice-vote: 6-0; Absent: Mayor Levine. Handouts and Reference Materials: 1. Email from Jimmy Morales to Bruce Backman dated April 25, 2017 RE: commission agenda 4/26/17 item # R7 W concessions in Gibbs Park request for time certain. 2. Email from Rafael Granado to Jimmy Morales and Bruce Backman dated April 25, 2017 RE: commission agenda 4/26/17 item # R7 W concessions in Gibbs Park request for time certain for 1:55 p.m. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 104 of 138 5:19:46 p.m. ADDENDUM MATERIAL 1: R7 X A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE TERMINATION FOR CONVENIENCE OF THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SAVINO & MILLER DESIGN STUDIO, P.A., DATED MAY 19, 2016, FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE FUTURE COMMUNITY PARK (FORMER PAR 3) PROJECT; AND AUTHORIZING THE CITY MANAGER TO EXERCISE THE CITY’S RIGHT TO TERMINATION FOR CONVENIENCE, IN ACCORDANCE WITH SECTION 10.3 OF THE AGREEMENT. Office of the City Attorney Commissioner Joy Malakoff and co-sponsored by Commissioners John Elizabeth Alemán & Ricky Arriola ACTION: Item deferred. Motion made by Commissioner Alemán to defer; seconded by Commissioner Arriola; Voice-vote: 5-1; Opposed: Vice-Mayor Rosen Gonzalez. Absent: Mayor Levine. Item deferred to the May 17, 2017 Commission Meeting. David Martinez to handle. Vice-Mayor Rosen Gonzalez introduced the item. In 2013, there was a meeting where it was decided to convert the Par 3 into a park. It is a contentious item, because now residents are arguing over making this a passive or active park. David Martinez, CIP Director, stated that the park development was based on a concept plan prepared by the City’s Planning Department. A follow-up revision to the plan was based on community input. The City then hired Savino Miller to follow through construction. During the process, 30% of development was prepared for the Design Review Board and several other committees, and there was a difference in opinion as to what the Parks & Recreational Facilities Board wanted. Vice-Mayor Rosen Gonzalez asked who gets the final say regarding the park, the people who live in its community or the people on the Parks & Recreational Facilities Board. Jane Gross stated that she has been part of this battle for over 25 years. She listed the numerous ways the City has permitted construction on the Par 3 chipping away at the green space. She questioned the City Commission’s knowledge on this green space. She stated that any park that is built in the area must be passive, and appeal to all ages. Commissioner Malakoff stated that she is very familiar with the history of the Par 3, which is known by other names that she listed. At 19.4 acres, this is the third largest green space in Miami Beach. The decision was made to make a passive park on the land with boardwalks, playing fields for children, running and walking paths, etc. It is not a question of making this an active or passive park, because it will be passive. The question is whether there are enough level fields as opposed to hills to do everything the City was interested in doing. Barry Miller, Principal of Savino Miller, explained what was incorporated in the design of the park. As designers, they created a vision with Plans A & B, with landscape architecture criteria to make a resilient passive park and adding a community garden, theater, and preservation of the land. After referrals to the Neighborhood/Community Affairs Committee and further discussions, they were directed to take this to the community. The community approved it with unanimous support. Four months later, Mr. Miller received a letter and After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 105 of 138 now they have more level fields than Plan A & B of the original RFQ. They reduced the size of the lake and did not sacrifice the principles that were sustainable and resilient. They did it all on budget at $9.1 million. Discussion held on deferring the item to the next City Commission Meeting. Commissioner Alemán wants to see this park move forward, but it is a City park and the goal is for it to serve the needs of the entire City, passively. No one has an intention of programming recreational activities in this park. The design is beautiful and there are great components, such as the wetland. The City has $30 million of parks projects that various previous City Commissions had approved, yet there is no funding for them. It has taken the contractors a year to work on the Par 3 and it is still at only 30% completion. Things need to be done differently. Commissioner Arriola stated that Mr. Miller in addition to being the contractor is also a homeowner and resident of the Par 3 neighborhood. He has a major issue with this as it poses a conflict of interest. He asked Mr. Miller to remove himself from that conflict. Vice-Mayor Rosen Gonzalez disagreed with Commissioner Arriola’s statement towards Mr. Miller. Nancy Liebman also disagreed with Commissioner Arriola’s statement that Mr. Miller has a conflict of interest. She believes he has done phenomenal work, and believes that firing him after he has done such a masterful plan is disgraceful. Raul J. Aguila, City Attorney, clarified that this is not a termination for cause, but rather a termination of convenience, which the City can invoke at any point during a contract. Jonathan Groff, Member of the Parks and Recreational Facilities Board, expressed his frustrations in dealing with the contractor on this project, because the contractor would not make the appropriate changes to the park. The contractor is building a beautiful park, but not a functional one. It is his opinion that Mr. Miller is designing the park for the needs of his neighbors and his own, and not the City as a whole. Discussion continued. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 106 of 138 6:44:34 p.m. ADDENDUM MATERIAL 2 R7 Y A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING SENATE BILL 1312, AND RELATED HOUSE BILL 1021, AND URGING FLORIDA GOVERNOR RICK SCOTT TO VETO ANY SUCH LEGISLATION WITH REGARD TO PROVISIONS THAT A) RETROACTIVELY PREEMPT LOCAL GOVERNMENTS FROM IMPOSING REGULATIONS ON CERTAIN BUILDING, CONSTRUCTION, OR AESTHETIC REQUIREMENTS THAT CONFLICT WITH OR IMPAIR CORPORATE TRADEMARKS, LOGOS, AND OTHER FEATURES OF CORPORATE BRANDING IDENTITY; B) REQUIRE LOCAL GOVERNMENTS TO CALCULATE THE COST SAVINGS TO OWNERS AND CONTRACTORS WHEN USING PRIVATE PROVIDERS FOR PLANS REVIEWS AND BUILDING INSPECTIONS, AND TO CALCULATE AND REDUCE PERMIT FEES ACCORDINGLY; C) PREEMPT LOCAL GOVERNMENTS AND PUBLIC OR PRIVATE UTILITIES FROM CHARGING HIGHER WATER AND SEWER RATES TO A ONE-FAMILY OR TWO-FAMILY DWELLING THAT REQUIRES A LARGER WATER METER DUE TO THE INSTALLATION OF FIRE SPRINKLERS THAN THE RATES CHARGED TO SUCH DWELLINGS WITH A BASE METER; AND THAT D) PREEMPT LOCAL GOVERNMENTS FROM REQUIRING OWNERS TO OBTAIN PERMITS TO PAINT ONE-FAMILY AND TWO-FAMILY DWELLINGS. Office of the City Attorney Commissioner Ricky Arriola ACTION: Resolution 2017-29845 adopted. Motion made by Commissioner Arriola to approve the Resolution; seconded by Commissioner Steinberg; Voice-vote: 4-0; Absent: Mayor Levine, Vice-Mayor Rosen Gonzalez and Commissioner Grieco. Marcia Monserrat and Judy Hoanshelt to handle. Office of the City Clerk to transmit the Resolution. Raul J. Aguila, City Attorney, introduced the item. The item preempts local design regulations in regards to protecting trademarks that would not be able to be changed or regulated locally. Miami Beach has several zoning regulations that require adaptive design. He provided an example of a KFC. If a KFC were to be built on Lincoln Road or Ocean Drive, the City may not want the restaurant to look necessarily like a KFC. Commissioner Arriola stated that the State legislation would be catastrophic to any municipality that seeks to protect its character. 6:43:18 p.m. ADDENDUM MATERIAL 2 R7 Z A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 8 AND RE-AFFIRMING THE CITY’S LONG-STANDING POLICY AGAINST CASINO GAMBLING. Office of the City Attorney Commissioner Ricky Arriola and Co-Sponsored by Commissioners John Elizabeth Alemán and Joy Malakoff ACTION: Resolution 2017-29846 adopted. Motion made by Commissioner Arriola to approve the Resolution; seconded by Commissioner Alemán; Voice-vote: 4-0; Absent: Mayor Levine, Vice-Mayor Rosen Gonzalez and Commissioner Grieco. Marcia Monserrat and Judy Hoanshelt to handle. Office of the City Clerk to transmit the Resolution. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 107 of 138 Commissioner Arriola stated that the Florida State Legislature wants to permit one casino in Miami-Dade County. This item is a Resolution reaffirming Miami Beach’s long-standing opposition to gambling. Raul Aguila, City Attorney, stated that this is another disturbing example of State preemption of local regulations, which the City Commission is opposing. The goal is to keep local development regulations in place. Handouts and Reference Materials: 1. Email from Bonnie Stewart to Rafael Granado Re: Co-sponsorship of Item R7 Z by Commissioner Malakoff. R9 - New Business and Commission Requests 7:00:00 p.m. R9 A BOARD AND COMMITTEE APPOINTMENTS. Office of the City Clerk ACTION: The following appointments, reappointments and changes were made: AFFORDABLE HOUSING ADVISORY COMMITTEE Mayela Mueller Removed due to Absences HEALTH ADVISORY COMMITTEE Sorangely Menjivar TE: 12.31.18 TL: 12.31.22 Appointed by City Commission by Acclamation (Health Provider Position) HUMAN RIGHTS COMMITTEE Darren Cefalu Conclude Letter MARINE AND WATERFRONT PROTECTION AUTHORITY Elaine Roden TE: 12.31.17 TL: 12.31.24 Appointed by Commissioner Malakoff Ronald Shane Resigned MAYOR’S BLUE RIBBON EMERGENCY RESPONSE COMMITTEE Jerry Libbin TE: 11.30.17 TL: 12.31.17 Appointed by Mayor Levine *** Micky Steinberg TE: 11.30.17 TL: 12.31.17 Appointed by Mayor Levine William Talbert TE: 11.30.17 TL: 12.31.17 Appointed by Mayor Levine *** Jerry Libbin did not accept his appointment, per email received from Elizabeth Wheaton, Mayor’s Chief of Staff. Handouts or Reference Materials: 1. Email from Elizabeth Wheaton to Rafael Granado RE: Jerry Libbin not ac cepting his appointment to this committee, dated April 27, 2017. C4 Q MAYOR’S OCEAN DRIVE TASK FORCE Alessandro Tonarelli Conclude Letter Frank Amadeo Conclude Letter Jeffrey Feldman Conclude Letter Jonathan Bennett Conclude Letter Jonathan Plutzik Conclude Letter Joyce Garret Conclude Letter After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 108 of 138 Mitch Novick Conclude Letter Reagan Pace Conclude Letter Ricardo Dopico Conclude Letter Steve Boucher Conclude Letter POLICE/CITIZENS RELATIONS COMMITTEE Daniel Aronson TE: 12.31.17 TL: 12.31.23 Reappointed by Vice-Mayor Rosen Gonzalez SISTER CITIES PROGRAM Judith Rosen TE: 12.31.18 TL: 12.31.24 Appointed by Mayor Levine Maria Maltagliati TE: 12.31.18 TL: 12.31.21 Reappointed by Mayor Levine Mari E. Wise TE: 12.31.18 TL: 12.31.24 Appointed by Mayor Levine Marilyn Sheffman TE: 12.31.18 TL: 12.31.24 Appointed by Mayor Levine Renee Bleemer TE: 12.31.18 TL: 12.31.24 Appointed by Mayor Levine LIAISON APPOINTMENTS Affordable Housing Advisory Committee – Alba Tarre Committee on the Homeless – Maria Ruiz Hispanic Affairs Committee – Leonor Hernandez Mayor’s Blue Ribbon Emergency Response Committee – Marcia Monserrat, Susanne Torriente TE: Term Ending TL: Term Limit 7:01:40 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 the name into the record; motions on nominations were made. The following member was appointed by the City Commission: HEALTH ADVISORY COMMITTEE Sorangely Menjivar, Health Provider position Appointed by the City Commission by Acclamation: 6-0; Absent: Mayor Levine. Rafael E. Granado and Sonia Bridges to handle. Handouts and Reference Materials: 1. Email from Bonnie Stewart to B&C@miamibeachfl.gov dated April 25, 2017 RE: Nomination. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 109 of 138 8:30:00 a.m. R9 C DR. STANLEY SUTNICK CITIZEN'S FORUM. Office of the City Clerk ACTION: The following individuals spoke: 1) Brad Bonessi expressed his opinion of the UNIDAD Center and doing a pedestrian-friendly Ocean Terrace. There are many plans, but not many designs. 2) Mitch Novick thanked A.C. Weinstein, the Chief of Staff under David Dermer. The City’s right of way contractor damaged his stormwater drains, but has received no reply. He needs closure on this. City Manager Morales replied that they will follow up on this matter. Eric Carpenter to handle. 3) Eric Stephens asked the City Commission to look into its marijuana policy, and make sure they have the proper zones for the dispensaries. He thanked the City Commission for its work. 4) Sabrina Contreras shared Mr. Stephens’s opinion that the City should wait for the State to explain what the policy will be regarding marijuana. 5) Sam Feldman asked to consider turning down the volume of ambulances and Police cars. 6) Lyle Sterns supports the panhandling Ordinance. C4 P and C4 Q. 7) Marcia Meyer supports the panhandling Ordinance. She explained the trouble in operating a restaurant and having panhandlers walk by the outdoor tables. See items C4 P and C4 Q. 8) Yvonnia Ahmed stated it is important to have a no panhandling zone on Lincoln Road. See items C4 P and C4 Q. Aleksandr Boksner explained the no panhandling zone. 9) Christine Green stated she has noticed a cleanup on Ocean Drive. She also approves the panhandling Ordinance, as it will be good for business. See items C4 P and C4 Q. 1:00:00 p.m. R9 C DR. STANLEY SUTNICK CITIZEN'S FORUM. 1) Ken Beresky, spoke about the poor treatment he received from Police Officers. He invited those present to view his testimony on YouTube: “Live to bike another day.” He believes everyone on the dais is complicit with the Miami Beach Police Department’s tactics. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 110 of 138 2) Jane Gross spoke about the Par 3 area, and how the City has been promising for years to have a passive park in the area, and still has yet to produce the park. Green space is very important in Miami Beach; she does not understand why nothing is being done. Vice-Mayor Rosen Gonzalez stated that the neighborhood has been promised a park for a very long time, and she hopes the vote will received a vote today. Commissioner Alemán clarified that today’s vote is not regarding whether the City should go forward with the park. See item R7 X. 3) Adam Shedroff explained his situation where his neighbor from across the street has requested a conditional use permit to have his restaurant/bar/nightclub open until 2:00 a.m. The new license would allow half a City block to be turned into an entertainment center. He asked the establishment to close at midnight, and the outdoor area closed at 11:00 p.m. Raul J. Aguila, City Attorney, explained that he and Mr. Shedroff have been in contact, and that the applicant voluntarily agreed to reduce the hours of operation until midnight. This discussion is going to the Planning Board for modification. Vice-Mayor Rosen Gonzalez said she drove down the neighborhood recently and witnessed that the area had not been a commercial district until recently. This area should have been zoned for a yoga studio or something similarly unobtrusive. This market will have late hours and will significantly disrupt quality of life. City Attorney Aguila stated that the City has worked with the operator and they will reduce the hours of operation in order to comply. Discussion continued. City Attorney Aguila stated that Mr. Shedroff does have the right to appeal any decision. Vice-Mayor Rosen Gonzalez stated that she will go to the Planning Board and advocate on behalf of the people of this neighborhood. 4) Mitch Novick agreed with the Vice-Mayor’s statement, and added that entertainment is a cancer when abutting residential use. This City cannot manage crime, and finds it embarrassing how the City Commission refuses to curb noise levels. 5) David Wallack, Mango’s Tropical Café, disagreed with Mr. Novick’s statement and believes he is posting bogus information on the internet fooling the public with old news. The “good ole’ days” Mr. Novick is referring to where the 1980s; a time when he could not let people walk to their car because he was afraid they might be mugged. The individual entrepreneurs were the ones who brought Miami Beach back. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 111 of 138 6:43:07 p.m. R9 D 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. Deferred from March 22, 2017 - R9 C Commissioner Michael Grieco ACTION: Item deferred to the May 17, 2017 Commission Meeting. Motion to defer items R7 V, R9 D, R9 R, and R9 W to the May 17, 2017 Commission Meeting. Motion made by Commissioner Arriola; seconded by Commissioner Alemán: 4-0; Absent: Mayor Levine, Vice-Mayor Rosen Gonzalez, and Commissioner Grieco. Michael Smith to handle. R9 E DISCUSSION ITEM TO RECEIVE AN UPDATE FROM THE COUNTY REGARDING MOSQUITO CONTROL EFFORTS AND STRATEGIES. Deferred from March 22, 2017 - R9 B Commissioner John Elizabeth Alemán ACTION: Item withdrawn. R9 F DISCUSSION REGARDING POSSIBLE USE OF FLAMINGO PARK TENNIS COURTS DURING THE INTERNATIONAL TENNIS FEDERATION TOURNAMENTS SCHEDULED FOR NOVEMBER 2017. Deferred from March 22, 2017 - R9 F Tourism, Culture and Economic Development ACTION: Item withdrawn. R9 G 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. Deferred from March 22, 2017 - R9 D Transportation ACTION: Item deferred to the May 17, 2017 Commission Meeting. Lilia Cardillo to place on the Commission Agenda, if received. Jose Gonzalez to handle. 7:01:20 p.m. R9 H DISCUSSION REGARDING POTENTIALLY RENAMING NORTH SHORE OPEN SPACE PARK, REFERRED FROM THE JANUARY 27, 2017 NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE MEETING. Deferred from March 1, 2017 - R9 H Parks and Recreation ACTION: Item deferred to the May 17, 2017 Commission Meeting. The Commission agreed to defer item R9 H to the May 17, 2017 Commission Meeting. Approved by Acclamation: 4-0; Absent: Mayor Levine, Vice-Mayor Rosen Gonzalez, and Commissioner Grieco. John Rebar to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 112 of 138 7:01:24 p.m. R9 I DISCUSSION REGARDING MUHAMMAD ALI WEIGH-IN SCALE, 1964; MUHAMMAD ALI HALL OF CHAMPIONS MIAMI BEACH CONVENTION CENTER PLAQUE, 1991; MUHAMMAD ALI AUTOGRAPHED COLOR PHOTOGRAPH, 1999; AND THREE CITY OF MIAMI BEACH CONVENTION CENTER RENOVATION PLAQUES; ALL ITEMS WERE FORMERLY LOCATED AT THE MIAMI BEACH CONVENTION CENTER AND ARE NOW STORED AT SPECTRA'S OPA-LOCKA STORAGE FACILITY. Deferred from March 1, 2017 - R9 I Tourism, Culture and Economic Development ACTION: Item deferred to the May 17, 2017 Commission Meeting. The Commission agreed to defer item R9 I to the May 17, 2017 Commission Meeting. Approved by Acclamation: 4-0; Absent: Mayor Levine, Vice-Mayor Rosen Gonzalez, and Commissioner Grieco. Eva Silverstein to handle 4:40:16 p.m. R9 J DISCUSS RAISING STREETS HIGHER THAN OUR HOMES. Continued from March 1, 2017 - R9 S Vice-Mayor Kristen Rosen Gonzalez ACTION: Item withdrawn by Vice-Mayor Rosen Gonzalez. See item R7 R, R9 AI and R9 AJ. 7:01:29 p.m. R9 K DISCUSSION REGARDING PROVIDING ON-DEMAND TRANSPORTATION SERVICE TO LOW -DEMAND AREAS. Transportation ACTION: Item deferred to the May 17, 2017 Commission Meeting. The Commission agreed to defer item R9 K to the May 17, 2017 Commission Meeting. Approved by Acclamation: 4-0; Absent: Mayor Levine, Vice-Mayor Rosen Gonzalez, and Commissioner Grieco. Jose Gonzalez to handle. 7:01:33 p.m. R9 L UPDATE ON PILOT PARKLET PROGRAM ON WASHINGTON AVENUE BETWEEN 5TH STREET AND LINCOLN ROAD. Transportation ACTION: Item deferred to the May 17, 2017 Commission Meeting. The Commission agreed to defer item R9 L to the May 17, 2017 Commission Meeting. Approved by Acclamation: 4-0; Absent: Mayor Levine, Vice-Mayor Rosen Gonzalez, and Commissioner Grieco. Jose Gonzalez to handle. R9 M DISCUSSION ITEM REGARDING AIRBNB IN MIAMI BEACH. Mayor Philip Levine ACTION: Item withdrawn. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 113 of 138 4:18:53 p.m. R9 N UPDATE ON THE STATE LEGISLATIVE SESSION. Office of the City Manager ACTION: Discussion held. Item heard in conjunction with R9 Z. Motion made by Commissioner Arriola for a Procurement Item to retain a new lobbying firm to be placed on the May 17, 2017 Commission agenda; seconded by Commissioner Alemán. 6-0; Absent: Mayor Levine. Alex Denis, Marcia Monserrat and Judy Hoanshelt to handle. Vice-Mayor Rosen Gonzalez visited Tallahassee and met with the City’s lobbyists; the City paid $50,000 to Corcoran and $50,000 to Southern; however, their contract was terminated before the end of the Legislation Session, and they were not motivated to work for the City of Miami Beach this year. The City Commission, at an earlier meeting, decided to do the lobbying in house. The reason she is calling this item is since the City did not do well in Tallahassee this year. She suggested for the next Legislative Session, to put out an RFP for a new lobbying firm, get a good team and hope that moving forward they get all their items funded. Commissioner Arriola stated that there had been a recent direction from t he Speaker of the House Corcoran that directed municipalities not hire lobbyists, and that was the reason the City brought the lobbying in-house. City Manager Morales explained that the Speaker of the House, Mr. Corcoran, was moving in that direction, but that did not materialize. Vice-Mayor Rosen Gonzalez explained that in-house lobbyists will cripple the City; the City Commission needs to put out an RFP, get a great lobbyist, a good team, and not terminate the contract prior to the Legislative Session to get their projects funded, which did not happen this year except for the funds for after school program and summer camps. She asked for a motion for an RFP for next year. Discussion held. Raul J. Aguila, City Attorney, explained that the current contract could be terminated for convenience. He opined that if the City Commission wants to put out a new RFP, to issue a new RFP and maintain the current contract on a month-to-month term until a new vendor is selected. Discussion continued regarding possible lobbyists that have relationships in Tallahassee. Commissioner Arriola stated that this item was placed by Mayor Levine, as he is very involved in Tallahassee. He requested deferring the RFP item until the next Commission Meeting for his input. City Manager Morales explained that they have time to do an RFP. Commissioner Arriola made a motion to put the item back on the May 17, 2017 agenda, exploring an RFP for lobbyists; seconded by Commissioner Alemán; Voice vote: 6-0; Absent: Mayor Levine. Marcia Monserrat, City Manager’s Office Chief of Staff, gave an update report. Today is the 51st day of Session; a session full of bills that have attempted to preempt local After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 114 of 138 government from doing things like imposing fees, design criteria, decisions and imposing business regulations. Over the weekend, the budget negotiations started. The City’s three appropriation Commission requests were not funded. Visit Florida has been cut from $75 million to $25 million. Enterprise Florida, which was another big hot topic on the budget, had its operations funded, but it was left with no money for incentives. On the medical marijuana, the Senate bill cleared its final committee yesterday and is ready to be heard on the floor. Of great interest is the impact to law enforcement and our local control zoning. Neither version had any language that will preempt the City from having local control zoning. In regards to the law enforcement issue, the Department of Health will have to expand access to law enforcement to be able to check the registry to verify the authorization of a qualified patient or caregiver. Neither version currently ensures that law enforcement is told how much the individual is prescribed. The Police Chief’s Association is working to get this language in the bill. Another bill that seems to be making its way is vacation rental. There have been some amendments, but both versions have grandfathered provisions that exempt any local laws created on or before June 1, 2011. Commissioner Alemán clarified that the higher fines that have been implemented to protect single-family homeowners from having party houses adjacent to their property, at $1,000 fine, as is was in 2011, is insignificant, compared to what a homeowner is able to charge to rent out a home or condominium in our community where it is illegal to rent. In addition, the State is not allowing the City to make any distinction between a short-term renter and a long-term renter. A short-term renter is a visitor. A long-term renter is a resident. Not being able to have any legislation that distinguishes between those two groups of people, and what their rights and privileges should be, is very damaging to the community here in Miami Beach. She encouraged all residents to pick up the telephone and call Senators, Representatives, as well as emailing them, telling these elected officials about their personal experiences, because it is not getting through to representatives in Tallahassee at all. Ms. Monserrat continued explaining that they have been working with the City’s lobbyist in conjunction with the County lobbyists, and it appears that every City in the entire State is opposed to these two bills and is still being pushed by leadership. It is unfortunate. Commissioner Malakoff clarified that the zoning was in effect in 2011 and it is only the fines that have been increased. Ms. Monserrat explained that changes were made since 2011 in additional areas. Aleksandr Boksner, Deputy City Attorney, stated that in regards to Senate bill 188, there is a committee substitute. There was an amendment done nullifying the attempt of a Senator from Sarasota, and that is probably the best situation for the City of Miami Beach for any type of regulation, as it does no change much of what it already has, and the Office of the City Attorney is confident its legislation would survive a challenge. The more problematic one is House bill 425, which created different requirements that the Office of the City Attorney is much more concerned about. However, as of yesterday, there was a committee substitute submitted by another representative, which essentially would track the language of Senate bill 188. Although the City opposes the amendment to that specific statutory provision, the amendment sponsored is in line with Senate bill 188. The Office of the City Attorney can contend with that. Deputy City Attorney Boksner’s legal position is that the City can continue without having any fear of adverse consequences to what it has done since 2011, and if there is a challenge, the Office of the City Attorney will litigate that matter based upon what has already been enacted. This is not as dire a After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 115 of 138 situation as it was at the start of Legislative Session, and he hopes that the committee substitute bill scheduled for April 27, 2017 will be adopted. Vice-Mayor Rosen Gonzalez suggested suing the State and start contacting other cities to make it a class action lawsuit across the State. The last appeal they have is the Supreme Court, and Miami Beach should lead the charge in suing the super majority in Tallahassee. She requested placing an item on the Agenda to get a report at the next Commission Meeting. Marcia Monserrat and Office of the City Attorney to handle. Raul J. Aguila, City Attorney, thinks the trend of State preemption lately and bills emerging out of the Legislature are disturbing. However, after discussing with Deputy City Attorney Boksner, his suggestion is that this bill does not preempt anything that the City of Miami Beach has adopted to date, and suggested waiting to be challenged by the State. To the extent that they try to assert preemption going back to 2011, or preemption going back years, that is challengeable. Discussion held. Deputy City Attorney Boksner clarified that the City is taking a legal position that our Ordinances still control. City Attorney Aguila agreed. City Attorney Aguila reiterated that there is support on the position that they are taking, the City’s Ordinance is in full support and effect, and it is not going to be retroactively preempted by any act of legislation. He suggested continuing monitoring the issue. Discussion continued. Marcia Monserrat, City Manager’s Office Chief of Staff, continued with the update: The gaming conference committee met yesterday and received a Senate offer. Today they met with the House offer. The original offer from the Senate had two slot machine/casinos offered, the House version today only has one in Miami-Dade County, and it has to be five miles from an existing pari-mutuel and it is up to $1,500 slot machines and it would require an RFP process. Regarding the Senate bill relating to construction and the number of possible impacts to the City, including a significant financial impact to the Building Department; the bill was approved by the House, it went to the Senate; it was not heard at Appropriations Committee, and now there is an Appropriations Committee scheduled for Friday. This is a construction bill that will preempt the City from choosing paint colors of historic designation, design criteria review, and prohibits them from charging permit fees for private providers, which for Miami Beach is a $10 to 12 million dollar impact on the Building Department. The local preemption bill 117 is dead, related to the fire safety standards for the boomerang balconies stalled. On educational accountability and testing, the bills being monitored went nowhere, but there are a number of other bills that achieve the same thing. The Autism Awareness Training for law enforcement was approved and is waiting second reading from the Senate. She recognized Cochrane and Southern for this achievement and they have been great to work with. Discussion continued. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 116 of 138 Commissioner Steinberg asked about the Community Redevelopment Agencies (CRA) update. Ms. Monserrat added the CRA bill was not heard in Appropriations, but it will be on a Special Meeting Agenda on Friday, but is not sure if the bill will be heard. City Attorney Aguila asked the City Commission if it was acceptable to advice on the status of short-term rentals item via an LTC. There was consensus. Office of the City Attorney to handle. 6:15:41 p.m. R9 O UPDATE ON THE PROGRESS MADE BY THE ADMINISTRATION TO IMPLEMENT TROLLEY SERVICE FROM MIAMI BEACH TO THE WYNWOOD AND MIDTOWN MIAMI NEIGHBORHOODS. Transportation Vice-Mayor Kristen Rosen Gonzalez ACTION: Item deferred to the May 17, 2017 Commission Meeting. Motion to defer items R9 O, R9 AE, R9 AF, R9 AN, R9 AO, and R9 AQ to the May 17, 2017 Commission Meeting. Motion made by Commissioner Grieco; seconded by Commissioner Alemán: 5- 0; Absent: Mayor Levine and Vice-Mayor Rosen Gonzalez. Jose Gonzalez to handle. 7:01:40 p.m. R9 P DISCUSSION REGARDING IMPLEMENTATION OF EXPRESS TROLLEY SERVICE ALONG COLLINS AVENUE CONNECTING NORTH, MID AND SOUTH BEACH. Transportation ACTION: Item deferred to the May 17, 2017 Commission Meeting. The Commission agreed to defer item R9 P to the May 17, 2017 Commission Meeting. Approved by Acclamation: 4-0; Absent: Mayor Levine, Vice-Mayor Rosen Gonzalez, and Commissioner Grieco. Jose Gonzalez to handle. 3:13:11 p.m. R9 Q PRESENTATION CELEBRATING THE SUCCESS OF THE MIAMI BEACH YOUTH BASEBALL LEAGUE. Commissioner John Elizabeth Alemán ACTION: Presentation made. Commissioner Alemán introduced Danny Berry. Mr. Berry stated that the City’s Youth Baseball League program has been brought up to speed. Mr. Berry is the owner of Danny Berry Baseball. He thanked the entire staff of North Shore Park for their support. Mr. Berry showed a PowerPoint presentation related to the Youth Baseball League. Click on the link to view the presentation. Mr. Berry commented that he sends a flyer to all the schools in English and Spanish related to the Youth Baseball League. Kids who are ages three and up may play in the league. All of the baseball games are played at North Shore Park. The first winter league was created in 2015, and was a tremendous success with 15 teams. Each year since, the amount of After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 117 of 138 players and teams has increased. Presently, there are 207 players in the league and 19 teams. They have improved the facility at North Shore Park with two fields, new clay and they installed a batting cage. Mr. Berry showed a one-minute video of the program. Click on the link to view the video. There is also a yearly awards ceremony at the end of the season. There is a tee-ball league, minor’s league & major’s league, which consists of 11-13 year olds. Mr. Berry thanked the City of Miami Beach for the opportunity to speak. Commissioner Alemán thanked Mr. Berry for what he does for the kids of the City. Parks & Recreation Director John Rebar explained the tremendous impact that the Baseball League has had at the Northshore Center. Mr. Rebar added that the total atmosphere around the park has a great vibe and the community has been enhanced. Mr. Rebar commented that thanks to Mr. Berry, baseball is not dead in Miami Beach. Lastly, parents are very involved in the league, and many parents coach in the league. Adam Gilbert, one of Danny Berry’s volunteer coaches praised Mr. Berry for what he has done to bring baseball back to the City. 6:43:07 p.m. R9 R DISCUSSION REGARDING BEST PRACTICES FOR BEACH SAND SIFTING. Office of the City Manager Commissioner Michael Grieco ACTION: Item deferred to the May 17, 2017 Commission Meeting. Motion to defer items R7 V, R9 D, R9 R, and R9 W to the May 17, 2017 Commission Meeting. Motion made by Commissioner Arriola; seconded by Commissioner Alemán: 4-0; Absent: Mayor Levine, Vice-Mayor Rosen Gonzalez, and Commissioner Grieco. John Ripple to handle. 6:17:04 p.m. R9 S DISCUSSION REGARDING A SKATE PARK/PARKING STRUCTURE AT THE 72ND STREET (P92) PARKING LOT. Tourism, Culture, and Economic Development ACTION: Discussion held. Motion made by Commissioner Alemán to have City staff prepare an RFQ for an urban neighborhood design concept; seconded by Steinberg. Voice-vote: 5-0. Absent: Mayor Levine and Vice-Mayor Rosen Gonzalez. Eva Silverstein and Alex Denis to handle. Commissioner Alemán introduced the item. The Mayor’s North Beach Master Plan Steering Committee is requesting an urban neighborhood design for a four -block area, which was considered at the last meeting. She spoke to several people, and from what she understands there are multidisciplinary designers that can do what the Steering Committee requested at $25,000; way below other estimates. She would like this to go out to bid. Brad Bonessi, North Beach Steering Committee Member, stated that the idea is to create a cohesive design making Ocean Terrace pedestrian friendly. It is an opportunity to bring the community together and create a great open space. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 118 of 138 Commissioner Alemán moved to have City staff prepare an RFQ for an urban neighborhood design concept. Eva Silverstein and Alex Denis to handle. 3:21:05 p.m. SUPPLEMENTAL MATERIAL 3: PRODUCTION INDUSTRY COUNCIL LETTER R9 T DISCUSS POTENTIAL FILM INCENTIVES FOR MIAMI BEACH TO SUPPORT THE FILM AND TELEVISION INDUSTRY ON A LOCAL LEVEL. Tourism, Culture and Economic Development ACTION: Discussion held. Eva Silverstein to handle. MOTION 1: Commissioner Steinberg motioned to refer the financial incentives to the Finance & Citywide Projects Committee; seconded by Commissioner Alemán. Voice-vote: 6-0. Absent: Mayor Levine. John Woodruff to place on the Committee agenda. Eva Silverstein to handle. MOTION 2: Commissioner Grieco moved the omnibus proposal to get the legislative direction and bring back to the City Commission as Ordinances as soon as possible; seconded by Commissioner Alemán. Voice-vote: 6-0. Absent: Mayor Levine. Eva Silverstein to handle. REFERRAL: Financial incentives referred to the Finance & Citywide Projects Committee. Eva Silverstein, Tourism, Culture and Economic Development Department Director, stated that a recent study found that 20% of the tourist industry in Miami Beach is due to what people see on TV and cinema. The film industry was responsible for $1.25 billion in revenue, 65% of which flowed directly to Miami Beach. Since then, the incentive has been shelved, and the direction was to take a deep dive into the local community. A very careful and thoughtful look has been taken to address the policy and permit issues where local industry leaders have found it difficult to film. With the support of the Production Industry Council members and the support of the GCMVB they discussed what steps can be taken to make an impact statement to help bring this industry back to Miami Beach as a revenue stream. She listed the three main challenges: 1. City guidelines in regards to filming; 2. Parking; and 3. Loading zone requirements. Ms. Silverstein presented the following recommendations to the City Commission: 1. No requirement for signed consent for metered parking; 2. Lane closures – they recommend 75% consent, rather than the current 100% lane closure consent; 3. The current residential sign off is 500 feet for a 20 – 25 house distance. She recommends reducing the residential sign off to 200 feet for 10 houses; 4. Regulated residential permitting for use of private residences for productions only; 5. Extending the number of complimentary vehicle access passes. Five passes for 50 room nights; ten passes for 100 room nights, 20 passes for 200 room nights, etc.; 6. Reinstate the PCRV pass, which is a monthly pass for local and national productions to park motor homes in open meters. This would be permit specific; and After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 119 of 138 7. Allow crew parking at municipal garages. Vice-Mayor Rosen Gonzalez asked whether all incentives would be vetted out through Ms. Silverstein, because she believes all of these recommendations need to be properly discussed. Ms. Silverstein stated that the permitting office is on top of these productions to make sure the rules and guidelines are adhered to. Commissioner Malakoff stated that she spoke to the head of the Parking Department. The PCRV passes, besides using regular metered spaces could also use available taxi stands, which would increase the number of spaces. Commissioner Grieco stated that he has spoken to several people about this item. The appetite for having the film, modeling, and the TV industry in Miami Beach depends greatly on who is in Office. This item is not only about tourism and public relations, but also about jobs. He encouraged his colleagues to reach out to the Commissioners in the City of Miami, because Miami Beach productions usually include filming in the City of Miami. It is a regional effort. He believes the City Commission should embrace this item, and go further in letting State Congressional delegation and the Governor know that the people of this City are willing to fight for this. Vice-Mayor Rosen Gonzalez stated that it bewilders her that the filming incentives were taken away in the first place, and agreed with Commissioner Grieco that there should be a lobbying effort from the City of Miami Beach at the State Legislature regarding filming in Miami Beach. Commissioner Alemán stated that this is a good chance to diversify the City’s economy. She agreed with Commissioner Malakoff’s taxi stand suggestion. Commissioner Grieco stated that this is not just one piece of legislation, but several. He asked staff to move forward with the items as soon as possible so that they do not get staggered and lose momentum. Ms. Silverstein stated that the cash incentive drew mixed opinions from industry leaders regarding its importance. The memorandum proposed a $100,000 cash incentive to help bring the film industry to Miami Beach. She is aware that the City’s incentive is significantly lower than the State’s offer of 20-30% not exceeding $1 million. She believes having any incentive is a good thing, because it will help justify bringing a production to Miami Beach. Commissioner Steinberg motioned to refer the financial incentives to the Finance & Citywide Projects Committee; seconded by Commissioner Alemán. Voice-vote: 6-0. Absent: Mayor Levine. Commissioner Grieco moved the omnibus proposal to get the legislative direction and bring back to the City Commission as Ordinances as soon as possible; seconded by Commissioner Alemán. Voice-vote: 6-0. Absent: Mayor Levine. Daniel Davidson, Production Industry Council Member, asked for clarification as to what was voted on. Clarification given. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 120 of 138 Commissioner Grieco explained that the City is moving forward with the process, but there are several other steps that need to be met. 3:51:18 p.m. R9 U DISCUSS POTENTIAL USES FOR THE COLLINS PARK ROTUNDA. Tourism, Culture and Economic Development ACTION: Discussion held. Motion made by Commissioner Malakoff to select Option 4; seconded by Commissioner Arriola. Voice-vote: 4-0; Absent: Mayor Levine; Opposed: Commissioners Alemán and Grieco; Eva Silverstein to handle. DIRECTION: Select Option 4, Cultural Arts Council Endowment for Performing Arts Venue, managed by the City, and the CAC would be responsible for vetting the programming. Eva Silverstein, Tourism, Culture and Economic Development Director, explained that the Neighborhood/Community Affairs Committee referred the discussion of using the Rotunda in Collins Park to the City Commission. Four uses for the Rotunda have surfaced: 1) to renovate it as a café; for this purpose they have been approached by an independent developer who offered to make the $1 million investment; 2) The Bass Museum recommended the Rotunda as a public art installation, and they would fund through a new Art Acquisition fund in place at the museum; 3) the idea of a Climate Change station; this would be the first ever, which showcases Miami Beach’s efforts towards resiliency and all issues related to sea level rise. Sapient and Nitro have come forward to offer their ideas on what that would look like and how they could possibly fund it; 4) the Cultural Arts Council Chair would like to put forward the idea of creating an artist design Performing Arts Center in the Rotunda, which would be curated and programmed by the CAC, managed by the City and funded through endowment dollars. Vice-Mayor Rosen Gonzalez stated that these are four very different suggestions, and she asked staff for recommendations. Ms. Silverstein recommends the two front-runners are the Climate Change Station and artists creating the Performing Arts Center. Discussion held. Andrew Goldstein and Jimmy Allen, Creative Directors, introduced the idea of using the Rotunda for Climate Change awareness. PowerPoint presentation to use the Rotunda as Climate Change station. Click here to view presentation. Ms. Silverstein stated that the Cultural Arts Council idea is to create a flexible performing arts base; it can be used for spoken word performances, theater in the round, a small dance performance, an art installation, so it can be flexible and multi-used in space. It can be funded immediately through the fund balance available in the endowment and curated by the CAC, therefore bringing more performing arts to Collins Park. Brandi Reddick, Cultural Affairs Program Manager, added that one of the things the CAC wanted to do with their endowment is create a legacy program, a physical space, a After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 121 of 138 capital project that could live up the legacy of what this endowment was credit for. The idea is to commission an artist-designed space, done in collaboration with The Bass Museum of Art, and the City would actually come in through the CAC and use it for programming. It would be a beautiful artist designed performing arts space that could be used for theater, small dance performances and activations outside regular museum hours. Commissioner Malakoff asked if the CAC endowment fund expands each year, and Ms. Reddick answered that once the funds are spent, they are gone. Silvia Carmen Cubina, Executive Director, The Bass Museum, explained that in the past seven years they have invested approximately $2.4 million in direct grant money, not including staff time or overhead. They created temporary contemporary art projects; they have the annual Bass MISO (Miami Symphony Orchestra) picnic and annual Art Basel in collaboration, where they have outdoor exhibition at Collins Park. Knight Foundation’s grants extended this to four months and it has become very popular. Public programs are essential, and in quoting from The New York Times cover, “the art is not just inside.” They have worked in collaboration with art groups and the City, and would like to continue to do that. They would like to petition to do their projects in the Rotunda. They propose to fully fund, retrofit, conserve and create this art project, as well as planning to restore the outside of the building to the State of Florida and conserve it in the right condition. Click here to view the slide show. Ray Breslin stated that the original vision of the Rotunda was for a performing arts center and is thrilled to have someone make it a performing arts center. Nancy Liebman stated that they had the CANDO District in the past, and they took on the issue of the Rotunda before the library was demolished; the City planned to show how the Rotunda could be used. The drawback was that there was a requirement that they had to build bathrooms, and that item died of its own weight. She thinks it would be superb, as it is an iconic building that should be preserved and used. Commissioner Alemán agrees with Mr. Breslin in bringing new audience; therefore, she is interested in both Options 3 and 4. Option 3 would draw new audience in the area, which is important. The Climate Change station is probably her first choice. Having something positive in the community that helps residents get educated on what is happening now in relation to the threat of climate change, and help process through art this experience could be amazing, and it could be a global Climate Change Center Station No. 1 that works in collaboration with other companies and organizations to combine education, science and art in a very technology based. Vice-Mayor Rosen Gonzalez asked to make a final decision and take a vote. Commissioner Malakoff thinks, personally, that the Climate Change station belongs at the Frost Museum. Since this is in the Collins Park and part of the CANDO area, she suggested Option 4 for endowment of performing arts in combination with Option 2, the Art installation from The Bass Museum and other activities. She recommends Option 4. Commissioner Grieco supports The Bass Museum. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 122 of 138 Commissioner Arriola is in support of performing arts, Option 4, as there are not performance spaces in the community and this would be an easy way for students to use the space. He is strongly in favor of Option 4. Commissioner Grieco added that the logistics of having a consistent performing arts program that has space for performances and more than five people watching them is something to think about. It is a small space. Discussion held regarding occupancy load/capacity in the Rotunda. Commissioner Steinberg stated that there is great merit to all the proposed Options, and is exciting to activate the cultural hub of the City. She discussed this at the Neighborhood/Community Affairs Committee without Option 4, and there is a financial component to all the items, therefore, she requested the Finance & Citywide Projects Committee to scrutinize and see what makes the most sense for the Rotunda; however, she is leading to Option 4. Discussion continued regarding funding. Ms. Silverstein explained that the endowment fund balance is at $1.5 million, and the build out anticipated is in the range of up to $800,000, but it is not recurrent. Ms. Liebman is in favor of the project, but added that the City, unless they change their requirements, cannot have this building sitting in the middle of the park, pull the plans made about 10 years ago to see what was suggested at that time. Commissioner Steinberg motioned to refer the item to the Finance & Citywide Projects Committee. Ms. Silverstein added that the renovations costs include bathrooms. Handouts and Reference Materials: 1. Article by Elizabeth Daigneau titled “Seeing Climate Change” from GOVERNING, February 2017. 6:46:00 p.m. R9 V DISCUSSION REGARDING THE DEVELOPMENT OF WORKFORCE HOUSING INCLUDING ARTISTS AT THE CITY-OWNED LOT WITHIN THE COLLINS PARK NEIGHBORHOOD. Housing and Community Services Commissioners Joy Malakoff and Ricky Arriola ACTION: Discussion held. Maria Ruiz to handle. Kathie G. Brooks, Assistant City Manager, introduced the item. This is the project for workforce housing that several months ago this City Commission separated the parking garage for Collins Park would be on the west side of Liberty Avenue, and they would do a workforce artist housing on the east side of Liberty, north of the library, and south of 23 rd Street. Since that time, the City has been approached by both Miami City Ballet and by ArtCenter of South Florida, to incorporate some of their needs as part of that housing project. They worked with CIP and estimated that with the height increase done for that project, they cannot accommodate 7-story buildings with the needs requested by After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 123 of 138 ArtCenter South Florida; it would be about one floor of that 7-story building that they would like to use for visiting artists. Miami City Ballet would like to use two floors for their students housing, which they currently accommodate at the Tradewinds Apartments, and they indicated that they would like to do it as a condominium unit. No further discussions have been held and are here seeking direction. The three remaining floors as well as the ground floor are available for artists’ studios as directed. Commissioner Malakoff stated that this is workforce housing for key industry workers, and she does not see how students or visiting artists from other places are considered industry workers. She thought this would be for people who work at South Florida ArtCenter or live in the City, or for people who are working for The Bass Museum or in the arts, as opposed to bringing in students for visiting artists. Assistant City Manager Brooks will accommodate that in the additional three floors. She asked for direction. Maria Del Valle, Executive Director, ArtCenter, gave a brief background of the Center and their mission to create amazing works of art. They need to give the artists the opportunity to provide them with a safe place where they can experiment and discuss; and for that, they need to be open and exposed to other cultures, artists and people from other places. She thinks this project is very much needed, and hopes the City Commission will take consideration in addressing the workforce housing needs. Discussion held. Commissioner Arriola explained that he envisioned the ArtCenter relocating to the retail component being built as part of this project, with housing on top of where they are working in the Collins Park neighborhood where the Performing Arts Center may be located at the Rotunda. Discussion continued. In answering Commissioner Malakoff, Ms. Silverstein stated that Laura Lopez, Artistic Director, and Lynn Callahan, from Miami City Ballet School, have expressed their continued interest in pursuing this for the scholarship and international students that come here to study, as there is a great need for dorms. Commissioner Malakoff explained the qualifications for affordable housing, and they are hoping to work more workforce housing to have other type of workers that they want to keep within the City, thereby reducing the number of vehicles. Discussion held. Commissioner Alemán explained that about the condominium request, this part would require a sale of property that the City owns, and that is problematic. She prefers excluding properties that are City owned, but agrees specifying whom the apartments are for. City Manager Morales stated that if they want them to pay for a portion of the construction, it would have to be an ownership or a long-term lease scenario that would be subsidized, but he does not think this requires a referendum law. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 124 of 138 Assistant City Manager Brooks stated that this is not a referendum matter, but it needs the Planning Board approval and then the approval of the supermajority of the City Commission. Commissioner Malakoff stated that this is a long-term lease and asked the Office of the City Attorney for a legal opinion to see whether the City can give a floor of condominium documents to the ArtCenter and the Miami City Ballet for one floor each, or whether they should do long-term leases. Raul J. Aguila, City Attorney, explained that the City’s business model has been that when developing public-private partnerships for garages, in order to maintain the tax- exempt status of the public portion of the project, the City typically condominiumizes. Commissioner Malakoff stated that the idea is that ArtCenter wants to purchase one floor for use for their artists, plus the downstairs to have artists display their galleries, which would be enjoyed by pedestrians passing by, and the other three floors would be leased for workforce housing. Assistant City Manager Brooks clarified that the other three floors would be through a long-term lease through a P3 developer, since they are paying for developing the project. Discussion continued. City Attorney Aguila added that legally they could make it work. Assistant City Manager Brooks clarified that they will move forward with that one component, as well as looking for the remaining floor for the dancers at the ballet and other artists, as well as art-related workers within the area. Commissioner Malakoff suggested expanding to teachers and individuals that work within that area. 6:43:07 p.m. R9 W DISCUSSION REGARDING THE CITY TRAFFIC ALERT SYSTEM'S SHORTCOMINGS AND BEST PRACTICES MOVING FORWARD. Commissioner Michael Grieco ACTION: Item deferred to the May 17, 2017 Commission Meeting. Motion to defer items R7 V, R9 D, R9 R, and R9 W to the May 17, 2017 Commission Meeting. Motion made by Commissioner Arriola; seconded by Commissioner Alemán: 4-0; Absent: Mayor Levine, Vice-Mayor Rosen Gonzalez, and Commissioner Grieco. Jose Gonzalez to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 125 of 138 7:01:50 p.m. R9 X DISCUSSION REGARDING CONSTRUCTION OF AN INTERCEPTOR GARAGE AT THE SURFACE PARKING LOTP-23, LOCATED AT 1623 WEST AVENUE AND ALL REQUIRED WAIVERS. Capital Improvement Projects ACTION: Item deferred to the May 17, 2017 Commission Meeting. The Commission agreed to defer item R9 X to the May 17, 2017 Commission Meeting. Approved by Acclamation: 4-0; Absent: Mayor Levine, Vice-Mayor Rosen Gonzalez, and Commissioner Grieco. David Martinez to handle. 7:01:52 p.m. R9 Y DISCUSSION OF WASHINGTON AVENUE PARKING AND WORKFORCE HOUSING OPTIONS. Capital Improvement Projects ACTION: Item deferred to the May 17, 2017 Commission Meeting. The Commission agreed to defer item R9 Y to the May 17, 2017 Commission Meeting. Approved by Acclamation: 4-0; Absent: Mayor Levine, Vice-Mayor Rosen Gonzalez, and Commissioner Grieco. David Martinez to handle. R9 Z DISCUSSION REGARDING THE LOBBYISTS IN TALLAHASSEE. Vice-Mayor Kristen Rosen Gonzalez ACTION: Discussion held. Item heard in conjunction with Item R9 N. Marcia Monserrat and Judy Hoanshelt to handle. City Clerk’s Notes: See comments with R9 N. 6:59:06 p.m. R9 AA DISCUSSION REGARDING A PUBLIC ART INSTALLATION THAT CELEBRATES DIVERSITY IN OUR COMMUNITY, AS REQUESTED BY THE LGBTQ ADVISORY COMMITTEE. Commissioner Micky Steinberg ACTION: Item deferred to the May 17, 2017 Commission Meeting. The Commission agreed to defer item R9 AA to the May 17, 2017 Commission Meeting. Approved by Acclamation: 4-0; Absent: Mayor Levine, Vice-Mayor Rosen Gonzalez, and Commissioner Grieco. Eva Silverstein to handle. 9:46:34 a.m. R9 AB DISCUSSION REGARDING ALLOCATING MORE RESOURCES FOR SPAYING AND NEUTERING CATS IN MIAMI BEACH. Commissioner Micky Steinberg ACTION: Item heard in conjunction with C4 R. Item referred to the Neighborhood/Community Affairs Committee Eric Carpenter and Cintya G. Ramos to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 126 of 138 R9 AC DISCUSSION REGARDING POTENTIAL LEASE WITH THE VENTURE CITY FOR COMMERCIAL SPACE AT 1661 PENNSYLVANIA AVENUE. Tourism, Culture and Economic Development ACTION: Item deferred to the June 7, 2017 Commission Meeting. Lilia Cardillo to place on the Commission Agenda, if received. Eva Silverstein to handle. 6:29:41 p.m. R9 AD DISCUSSION REGARDING DEFAULT ON SOUTH POINTE PARK FOUNTAIN CONTRACTOR AND FUTURE AWARDED PROJECT FOR NIKKI BEACH/PIER PARK PARKING LOT. Commissioner Michael Grieco ACTION: Resolution 2017-29847 adopted. Discussion held. Commissioner Grieco moved to terminate the contract for Nikki Beach for convenience, seconded by Commissioner Alemán, Voice Vote: 5-0; Absent: Mayor Levine and Vice-Mayor Rosen Gonzalez. David Martinez and Saul Frances to handle. Commissioner Grieco stated that if anyone has been at South Pointe Park in the last 10 years, they have seen that there is a fountain being built the entire time. Commissioner Grieco has spoken to the principals of the vendor, whom has really screwed up. He asked David Martinez how many days has the City been into this low bid contract, how long has the shovel been in the ground. David Martinez, CIP Director, said it was supposed to be a six-month contract and we are up to month 15. This was a $2.1 million project and change for 6-months. They have only been able to build through December. The contractor has only been paid for 48% of the project, and the City has over $264,000 in liquidated damages and additional costs that the City has incurred with consultants. The City has placed the contractor under default and is working with the Office of the City Attorney, and at any time, the City is able to pull the plug. Since the pressure is coming down on the contractor, and the contractor knows the City Commission is discussing this item today, the Contractor is ramping in up. The Administration’s intent is to get it done. Commissioner Grieco stated that this same contractor has been awarded another contract for the Nikki Beach parking lot. Commissioner Grieco moved to terminate the contract for Nikki Beach for convenience, seconded by Commissioner Alemán, Voice Vote: 5-0; Absent: Mayor Levine and Vice- Mayor Rosen Gonzalez. David Martinez stated that the contractor is currently placing the concrete for the South Pointe Park Fountain and staff is being overly vigilant of the quality of the work they are performing. Commissioner Grieco suggested to the open and continue to the May 17, 2017 Commission Meeting the South Pointe Park Fountain project. The contractor is moving at a snail pace and it is a lesson learned with these low bid government contracts. A 9- month delay is unacceptable. This is a City park, and this project has been an embarrassment. The general contractor is out of State. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 127 of 138 Commissioner Steinberg stated that they should rebid the Nikki Beach parking lot, sooner than later. Commissioner Grieco stated that Nikki Beach wants to begin construction after 2018. Handouts and Reference Materials: 1. Aerial map of South Pointe Park Fountain Remediation by EDSA. 6:15:41 p.m. R9 AE DISCUSSION REGARDING THE CREATION OF A SIX-MUNICIPALITY LOCAL COUNCIL TO RECOMMEND ACTIONS CONCERNING TRANSIT, RESILIENCY, THE ENVIRONMENT, AND WATERWAYS. Office of the City Attorney Vice-Mayor Kristen Rosen Gonzalez ACTION: Item deferred to the May 17, 2017 Commission Meeting. Motion to defer items R9 O, R9 AE, R9 AF, R9 AN, R9 AO, and R9 AQ to the May 17, 2017 Commission Meeting. Motion made by Commissioner Grieco; seconded by Commissioner Alemán: 5- 0; Absent: Mayor Levine and Vice-Mayor Rosen Gonzalez. Jose Gonzalez, Margarita Wells and Eric Carpenter to handle. 6:15:41 p.m. R9 AF DISCUSS HAVING MIAMI BEACH COMMIT TO ENSURING THAT ALL GOVERNMENT BUILDINGS WILL BE POWERED BY 100% RENEWABLE ELECTRICITY. Vice-Mayor Kristen Rosen Gonzalez ACTION: Item deferred to the May 17, 2017 Commission Meeting. Motion to defer items R9 O, R9 AE, R9 AF, R9 AN, R9 AO, and R9 AQ to the May 17, 2017 Commission Meeting. Motion made by Commissioner Grieco; seconded by Commissioner Alemán: 5- 0; Absent: Mayor Levine and Vice-Mayor Rosen Gonzalez. David Martinez, Margarita Wells and Adrian Morales to handle. 1:53:54 p.m. R9 AG DISCUSSION TO EXPLORE BRINGING THE WYNWOOD YARD CONCEPT TO NORTH BEACH. Commissioner Ricky Arriola ACTION: Discussion held. See motion and referrals below. Motion made by Commissioner Arriola; seconded by Commissioner Grieco; Voice vote: 6-0; Absent: Mayor Levine. Jeff Oris to handle. REFERRAL/DIRECTION:  Finance & Citywide Projects Committee to work on the lease. John Woodruff to place on the Commission Committee Agenda. Jeff Oris to handle.  Dual referral to the May 10, 2017 Land Use & Development Committee and Planning Board only to discuss the Comprehensive Plan Amendment, Land Development Regulations and Concurrency waivers. Thomas Mooney and Michael Belush to place on the Committee and Board agendas. Thomas Mooney to handle.  Look into the Log Cabin Site for location. Jeff Oris to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 128 of 138  Track funding through budget process. Cintya G. Ramos to handle.  Advertise public outreach meeting, to be held possibly at the UNIDAD Center, in May to do outreach. Jeff Oris and Tonya Daniel to handle.  Discuss noise abatement – for example, no music or DJ’s after 10:00 p.m. Jeff Oris and Thomas Mooney to handle.  Notify residents abutting the property. Jeff Oris and Thomas Mooney to handle. Commissioner Arriola introduced the item. He has been heavily involved in the North Beach area and is aware of what residents want. He recently had the opportunity to have dinner at the Wynwood Yard in Wynwood, and thought the concept would be great for North Beach. He reached out to Ms. Heiman and he asked her to bring her concept to the North Beach area. Della Heiman, Founder & CEO, introduced Ken Lyon who has been very involved with the project from the beginning, and hopefully will be involved with the North Beach Wynwood Yard concept. The Wynwood Yard is a culinary incubator and community hub. The concept is about facilitating local entrepreneurs in giving them a launch pad to test their concepts in a market that tends to have high capital barriers to entry. They conceptualized the project in 2015, and have launched on five vacant lots. She gave a brief background of how the concept was created, which is a model for innovation and has become a big site for all types of communities to intercept and connect with one another. The magic here is that they are actually bringing together people from all different occupations and culture, sitting at a table, eating and drinking together and connecting in a way that is unique for the City in many days. Presentation made. Click link to view. Ken Lyon, Yard Guru, stated that to bring a version of this concept to North Beach is very exciting. He has been a resident of Miami Beach since 1991, but this project is very special. To bring a version of Wynwood Yard to North Beach is all about community. David Lombardi is a life long beach resident. He went to Wynwood 16 years ago and purchased properties, developing and adapting reuse, but had almost an acre of vacant property when Ms. Heiman came to him and brainstorm the idea. They talked about it and the result of that is far better than anything he could have ever imagined. This would be a win-win for the City and for the residents of North Beach, and is sure the neighboring communities will be attracted to the area. Vice-Mayor Rosen Gonzalez stated that they are excited about the project and they want to activate this land, as long as the residents living adjacent have some sort of noise abatement after a certain time. Commissioner Arriola stated this is one of the most exciting things he has worked on as a Commissioner; he thinks it is a win-win for the community. This is a fairly short-term situation where they are activating part of the West Lots while they figure out what to do with the long term, and allows them to do something else in the interim with amazing programs for North Beach residents, which at the present time are lacking options for community based entertainment. It helps the local business community and local entrepreneurs launch their business at a low cost. He suggested referring the item to the Finance & Citywide Projects Committee to discuss an appropriate lease and the budgetary impact, as well as referring to the Planning Board and Land Use and Development Committee. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 129 of 138 Commissioner Malakoff loves the idea, and looks forward to it. It is a wonderful way to activate that part of North Beach that the entire community can embrace. The devil is in the details, but is sure that it can be worked out. Commissioner Grieco agreed with the sentiment of his colleagues and added that if this is a win-win situation with low risk. Discussion held. Commissioner Arriola suggested that the item go to the Finance & Citywide Projects Committee during the Budget sessions for outlay potentially from the City, go to the Land Use & Development Committee to discuss noise, and to the Planning Board if there are LDRs involved. Discussion continued. Thomas Mooney, Planning Director, explained the dual referral after extensive research. The concept requires amendments to the Code from a technical standpoint in the future land use application, which they think they can expedite, but it does not obligate the City to go forward with this. It would get the ball in motion if it were a dual referral to the Planning Board and the Land Use & Development Committee, as they have identified the areas of the Code that must be amended. Commissioner Alemán asked if staff should be directed to speak with t hem on remediation to the power and other infrastructures considerations on the site, such as restrooms. Commissioner Arriola worked the entire process backwards; they discussed with the Office of the City Attorney, the Planning Department and the Code Enforcement Department, to find out what is doable. The team has been working on this for months, and this can be done relatively easy and cheap, but they must go through all the electrical hook ups, sanitation, sewage, etc. MOTION: Commissioner Arriola made a motion to refer the item to the Finance & Citywide Projects Committee to work on the lease; to the Land Use & Development Committee and Planning Board to discuss the Comprehensive Plan Amendment and LDR and Concurrency waivers. Vice-Mayor Rosen Gonzalez requested that all residents abutting the property be properly notified. Thomas Mooney to handle. Thomas Mooney, Planning Director, explained that this requires minor amendments to the Code, as well as an amendment to the Comprehensive Plan, because the Future Land Use Amendment is an R1 zone, it would have to change to PF, and that requires two readings before the City Commission. Discussion held regarding referrals. Commissioner Grieco suggested arranging a public meeting, potentially at the UNIDAD Center in May 2017 to do public outreach at the beginning; meet with staff and advertise for Sunshine purposes so multiple elected officials can attend and have an open dialogue After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 130 of 138 with adjacent property owners and anyone in North Beach that has input. Jeff Oris and Tonya Daniels to handle. Vice-Mayor Rosen Gonzalez pointed out that there would have to be a restriction of no DJ’s after 10:00 p.m., especially near the homes abutting the area. Motion seconded by Commissioner Grieco. City Manager Morales asked if they are specifying the Log Cabin site and Commissioner Arriola answered in the affirmative. Mr. Mooney will refer the draft amendments to the Land Use & Development Committee at their May 10, 2017 meeting. He asked if the City Commission wishes those draft amendments to be referred to the Planning Board for action or for discussion only. Vice-Mayor Rosen Gonzalez stated that the referral to Planning Board would be only for discussion, with action the following month after the community meeting. Ms. Heiman explained that the only function of North Beach Yard is to make the community stronger and more vibrant, and everything they do will be in collaboration with the neighborhood and residents. From a sound perspective, it will be done with the intention to make the neighborhood a better place to live, and they are 100% in support of adjusting their schedule to the needs of the neighborhood. She is looking forward to the community meeting. Vice-Mayor Rosen Gonzalez commended Commissioner Arriola and Ms. Heiman. Handouts and Reference Materials: 1. Email from Sharon Weiss sharonlandlord@gmail.com dated April 9, 2017 RE: North Beach Yard to RickyArriola@miamibeachfl.gov. 2. Email from Sharon Weiss sharonlandlord@gmail.com dated April 26, 2017 RE: North Beach Yard to ErickChiroles@miamibeachfl.gov. 3. Email from Kirk Paskal kpaskal@gmail.com dated April 25, 2017 RE: R9 AG Wynwood Yard, North Beach to the City Commission. 4. Emails from George Hoover, Mimi Chacin, Irene Manueco, Ana Zuliani, Margueritte Ramos, Ada Lopez, Roland Behar, Susan Fragasso, Jorge Lopez, Diana Susi, Cindy Eisenberg, Edwin Scharlau, Jeanette Egozi, Jana Scott, Patti Hernandez, Jamie Straz, Manuel Fernandez, Armando Hernandez, Caridad Rodriguez, Patricia Hernandez, Alison Davis, Diana Cabr era and John DiPaula at campaigns@good.do dated April 26, 2017 to the City Commission RE: Bring the Concept of The Wynwood Yard to the West Lots. 5. Email from Erick Chiroles dated April 26 RE: R9 AG Wynwood Yard, North Beach to Rafael Granado. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 131 of 138 2:32:09 p.m. SUPPLEMENTAL MATERIAL 2: LETTER FROM THE OCEAN DRIVE ASSOCIATION R9 AH DISCUSSION REGARDING THE PROGRESS OF THE TEN POINT PLAN FOR OCEAN DRIVE. Commissioner Ricky Arriola ACTION: Discussion held. Susanne M. Torriente and Amy Mehu to handle. Amy Mehu, Redevelopment Specialist, updated the City Commission on recent changes. Since the last LTC with updates, the area of public safety consists of 12 Police Officers providing coverage seven days a week from 8:00 p.m. to 6:00 a.m., with overlapping shifts on Saturdays, providing for double coverage. Within Lummus Park, there are two Park Rangers working from 7:00 a.m. to 9:00 p.m., adding to the level of coverage, they have to Ocean Drive Association funding and implementing their Ocean Drive Master Program, providing western sidewalk coverage from 5th to 15th Streets of Ocean Drive from 9:00 p.m. to 5:00 a.m. With high visibility, they provide assistant to guests and act as additional eyes and ears to the Police Department, working in tandem to reduce cooperatively the crime on the street. As part of increased public safety and enhanced lighting projects within Lummus Park is underway, two fixtures were installed on 9th Street, favorable to the Police Department and Public Works Departments. Within the next few months, it is anticipated that 117 light fixtures in Lummus Park will be replaced, to accommodate additional lighting needs and provide programmable options to accommodate turtle season. Additionally, the 10-Point Plan calls for uniformed street lighting and the cost of the project will be requested in next year’s fiscal budget. In regards to the general aesthetics of Ocean Drive, per design guidelines, operators have been actively purchasing new umbrellas to comply with said guidelines. It is anticipated that by mid-June the majority of the umbrellas will be installed. Per the recommendation of the Ocean Drive Task Force and the 10-Point Plan the City Commission approved and amended the Code allowing for securing of umbrellas to the sidewalk; a handful of operators have chosen this method, and those have successfully acquired City approval and are currently finalizing permitting for installation. Changes to the placement, size and method of umbrellas achieve the increased visibility of iconic and historic building, and along Ocean Drive, abated the tunnel effect that created the undesirable atmosphere. She thanked the Ocean Drive Association, Mike Palma, Jonathan Plutzik, Alex Tachmes, Ceci Velasco, Commissioner Arriola and Erick Chiroles. In answering Commissioner Malakoff’s question, Ms. Mehu stated that all umbrellas were shifted except for the ones at The Vodoo, The Palace, Mango’s and Starlite. Vice-Mayor Rosen Gonzalez stated that the crime reduction is noticeable. Commissioner Alemán stated that the removal of the gauntlet and the modification of the umbrellas have been incredible and made a great difference. She acknowledged the Code Enforcement Department for continuing to follow up and making sure that most of the operators comply with the rules, including Commissioner Steinberg’s Ordinance change to require businesses to post prices on their menus and special prices, so visitors and residents are not tricked into paying exorbitant prices for food and drinks; and to include Commissioner Grieco’s item about itemizing taxes with the percentages, so folks are not being charged more tax than what they are legally allowed to be charged. Ceci Velasco, Executive Director, Ocean Drive Association, made a presentation and explained how the team of ambassadors in the area works together. She is happy with After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 132 of 138 the success and welcomes people to come back and see the change. Click on the link to access presentation. Ms. Velasco added that their objectives are street management, café redesign in operation, ambassadors in security and brand managers in marketing, but most importantly there are over 40 businesses committing to over $500,000 to implement this. She gave samples of concierge ambassadors on the streets and their success stories, and they are a great assistance to the Police Department. She added that they are getting a newsletter to go out, are working with the City to bring family friendly events to activate Lummus Park and bring back locals at discounted prices. Vice-Mayor Rosen Gonzalez thanked the Ocean Drive Association for their presentation and she is happy that they are making progress. Crime report from the area has also reduced, and that is the biggest benefit from this 10-Point Plan. Commissioner Malakoff asked if the Cultural Arts Council (CAC) is helping with the activation of Lummus Park. Ms. Velasco explained that she is working with CAC and they have funding for the MISO Symphony (Miami Symphony Orchestra), which they will be collaborating, as well with the sculpture at Lummus Park. 4:54:25 p.m. R9 AI DISCUSS THE REQUEST FROM THE UPPER NORTH BAY ROAD HOMEOWNERS' ASSOCIATION THAT THE CITY COMMISSION DIRECT THAT THE PROPOSED STREET DRAINAGE IMPROVEMENT AND ELEVATION PROJECT, ENCOMPASSING THE AREA OF NORTH BAY ROAD, FROM 50TH TO 65TH STREET, BE DEFERRED AND DELAYED FOR AT LEAST 5 TO 10 YEARS, AND AT SUCH FUTURE TIME WHEN THE PROJECT IS SLATED FOR THE NEIGHBORHOOD, THAT THE PROJECT BE READDRESSED WITH THE RESIDENTS. Vice-Mayor Kristen Rosen Gonzalez ACTION: Discussion held. Item heard in conjunction with R7 R and R9 AJ. Susanne M. Torriente to schedule Commission Workshop. Susanne M. Torriente and Eric Carpenter to handle. Glenna Norton, North Bay Road HOA, stated that when they have issues to discuss, everyone is notified. They would like a deferment, as they would like to have a Town Hall Meeting with the City Commission, not just staff; they have met with staff and it was unsatisfactory; in that way, they can voice their concerns and get questions answered. Commissioner Alemán’s proposal is great, but they do not know how it is going to happen. Staff has not even designed a method or if the City has enough money for the project. She asked if pumps will run on electricity, and during power outages, would the City go out and rent generators. This is not just an issue when there is a super moon or hurricane; this is an issue when there are major rainstorms in the summer that flood their streets regularly. They need generators in place all the time. Vice-Mayor Rosen Gonzalez requested holding a Commission Workshop, and if the neighborhoods decide to defer for five years, they have the right. Discussion held. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 133 of 138 Commissioner Malakoff stated that residents need more education about what the City is intending to do. There is a budget and a way to finance it. Ms. Norton asked if Commissioner Malakoff would like to participate in the Workshop so she can educate residents. Commissioner Malakoff stated she would be happy to do so. Discussion continued regarding a Commission Workshop. Commissioner Alemán stated that one of the members of the HOA reached out to her, as this is a complex project and there are more questions than answers. The project is different from one home to another; there are many pieces and is a learning curve. Depending upon which block you are on, the City will or will not move the sanitary sewer from the back to the front of the property. It is terrifying and at times is better or worse, but it is a process. The City staff is improving the understanding the questions residents have and see issues through the residents’ lenses. There is an open house format to go station by station until all the information is taken in. At the last Blue Ribbon Panel on Sea Level Rise they reviewed the format, it has been executed, and they plan to take the month of June to do one every week to give ample time for residents to take it all in. She asked everyone to try to withhold judgment before the decision-making. They will have four open houses in June and if needed, will extend to a fifth special one. Vice-Mayor Rosen Gonzalez stated that as part of their request for deferment the HOA has decided to bury their electric, which takes a couple of years. North Bay Road did not organize this, it was a huge project, and they did not get their electric buried. She suggested discussing the burial of their electric and do it in an organized manner to avoid opening and closing the streets twice. They need to take direction from Bay Road HOA to see if they want to bury their electric. Commissioner Malakoff added that it has to include all the homes within the region that are having the pump stations put in and roads raised. Gary Ressler, North Bay Road, stated he has many neighbors that want to proceed as scheduled and do not believe in deferment or see a need for a delay. On behalf of those who want to proceed, he thanked the City Commission for their vision, proactivity and leadership, which led them to invest in the area, and they want their investment protected. He understands sea level rise and thanked staff for educating the residents. He hopes the City continues with the proactive measures, which will keep them above water. As far as burying electrical, it is at 10-year process to get the conversations started at a minimum. To defer based on this issue, seems a bit disingenuous. Discussion continued. Commissioner Grieco stated that this is more than how water affects residents’ homes, but more about how insurance underwriters and insurance companies are going to bill residents in anticipation of what the City is going to do now; they need to do something; it is not about one neighborhood or the other. If one neighborhood does not want it, that affects more than one neighborhood; it is sending a message beyond our borders, to banks, insurance companies and the Federal Government, that we are not committed to anticipating, battling and mitigating sea level rise. This is about economics just as much as it is about water. This is not government by local referendum. There have been multiple meetings on this project with discussions and presentations, questions and answers as well as concerns. They need to have a serious conversation with the Federal After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 134 of 138 Government about economics instead of going neighborhood by neighborhood. It is not easy for elected officials. These projects are necessary for Citywide resilience, not just from stormwater or sea level rise, but economics resilience. They must get everyone onboard. Discussion continued regarding flood insurance increases. Vice-Mayor Rosen Gonzalez requested waiting for the Risk Assessment Modeling that the City paid $50,000 in three neighborhoods to see the impact of the project. Susanne M. Torriente, Assistant City Manager, stated that to get the Risk Assessment Modeling it would take about three months, it still must be approved by the City Commission and will be more than $50,000 as they added a third location. She added, in fairness to the engineering and AECOMB, the engineering modeling has been done and is solid. The engineering solutions are proven. The Risk Model is return on investment, more about timing and dollars, and is about the ramifications on flood insurance on mortgage cycle. Discussion continued. Jane Gross does not want to rush her neighborhood into something that may not even work. They know sea level is rising. Discussion held. Commissioner Alemán announced that they are scheduling a Commission Workshop; Mayor Levine is not here and they are trying to schedule this Workshop to look at the overall schedule and talk about slowing it down a bit at the request of Commissioner Steinberg. This is all based on the residents’ feedback and keeping the dialogue open, but they do want to listen to residents. Discussion continued regarding scheduling the Workshop. Matis Cohen is concerned about two things: there is no negotiating with the climate, or with science. That science has been established, so that this City Commission has based its policy on, taxed residents and businesses on, in order to fund the activities that are being proposed. If one neighborhood, or one neighbor, decides that he wants to opt out of this program, which is not for them to do, that is what this legislative body is responsible for doing. This body accepted the principle to redo the lowest lying areas first, and he would like to hold them accountable for that. 4:41:53 p.m. R9 AJ DISCUSSION REGARDING SETTING A DATE FOR THE NEIGHBORHOOD STREET- RAISING/STORM WATER SPECIAL COMMISSION MEETING/WORKSHOP. Vice-Mayor Kristen Rosen Gonzalez ACTION: Discussion held. Item heard in conjunction with R7 R and R9 AI. Eric Carpenter to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 135 of 138 7:01:20 p.m. R9 AK DISCUSSION AND UPDATE ON THE TRAFFIC STUDY THAT WAS CONDUCTED IN NORTH BEACH, SPECIFICALLY ALONG INDIAN CREEK. Commissioner Micky Steinberg ACTION: Item deferred to the May 17, 2017 Commission Meeting. The Commission agreed to defer item R9 AK to the May 17, 2017 Commission Meeting. Approved by Acclamation: 4-0; Absent: Mayor Levine, Vice-Mayor Rosen Gonzalez, and Commissioner Grieco. Jose Gonzalez to handle. 1:41:21 p.m. R9 AL DISCUSSION REGARDING MEMORIAL DAY AIR & SEA SHOW. Office of the City Manager ACTION: Resolution 2017-29848 adopted. Motion by Commissioner Grieco to adopt the Resolution; seconded by Commissioner Aleman; Voice vote: 4-2; Opposed: Commissioner Malakoff and Steinberg. Absent: Mayor Levine. Eva Silverstein to handle. Debora Turner to draft the Resolution. Jimmy L. Morales, City Manager, stated that the Air & Sea Show event is scheduled for Memorial Day Weekend. The event producer approached the City, because they were unable to reach their fundraising estimates, and is requesting the City to cover these expenses. Eva Silverstein, Tourism, Culture, Arts and Economic Development Department Director, stated that the funds they are requesting are for the permitting fee in the amount of $80,000; and the staffing fee of $108,000. City Manager Morales stated that if the City can take care of the requested funds, then the show could go on. Commissioner Malakoff stated that she does not approve of the fact that the Air & Sea Show is taking place on Memorial Day Weekend. She believes it will be very chaotic and too many people will be in Miami Beach then. Vice-Mayor Rosen Gonzalez stated that she was initially opposed to the event because of the noise levels, but would like to know what is the total amount requested by the Air & Sea Show. City Manager Morales replied that the total amount is: $188,000. Vice-Mayor Rosen Gonzalez asked what the projection is for the amount of people that will be in Miami Beach for the event, and whether they are still expecting 100,000 people or if that has been scaled back. Ms. Silverstein stated that the City still expects an attendance between 100,000 and 150,000 people, but the actual footprint for the VIP area has been reduced. Commissioner Grieco clarified that the funds requested by the Air & Sea Show have already been allocated for the event, so it is not a matter of the City going over budget. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 136 of 138 He also added that for the first time in a long time, residents would be staying in Miami Beach. David Wallack stated that Memorial Day Weekend should boost every aspect of the City, yet many residents choose to leave Miami Beach. Memorial Day Weekend has gotten worse every year. The City needs good concerts and events like the Air & Sea show. Commissioner Alemán stated that for the past seven years, she and her family have left the City during Memorial Day Weekend, but this year she will be staying. It will include twice the military equipment of any other Air & Sea Show. Commissioner Steinberg stated she is unhappy with the relative closeness to the event day, and the fact that the Air & Sea Show is asking for financial assistance. Commissioner Arriola agreed with Commissioner Steinberg’s statement. Although the City is not spending more money than budgeted for the event, the performance so far with this partner has left him underwhelmed. If the Air & Sea Show wants to remain a partner with the City, they will have to do a better job. 7:02:03 p.m. R9 AM DISCUSSION REGARDING HOW EVALUATION COMMITTEES ARE CREATED. Commissioner Ricky Arriola ACTION: Item deferred to the May 17, 2017 Commission Meeting. The Commission agreed to defer item R9 AM to the May 17, 2017 Commission Meeting. Approved by Acclamation: 4-0; Absent: Mayor Levine, Vice-Mayor Rosen Gonzalez, and Commissioner Grieco. Office of the City Manager and Alex Denis to handle. 6:15:41 p.m. R9 AN DISCUSS PLACING STOPS SINGS AND CROSSWALKS AT THE INTERSECTION OF PARK AVENUE AND 22ND STREET (SOUTHBOUND AND NORTHBOUND). Vice-Mayor Kristen Rosen Gonzalez ACTION: Item deferred to the May 17, 2017 Commission Meeting. Motion to defer items R9 O, R9 AE, R9 AF, R9 AN, R9 AO, and R9 AQ to the May 17, 2017 Commission Meeting. Motion made by Commissioner Grieco; seconded by Commissioner Alemán: 5- 0; Absent: Mayor Levine and Vice-Mayor Rosen Gonzalez. Jose Gonzalez to handle. 6:15:41 p.m. ADDENDUM MATERIAL 1: R9 AO DISCUSS WHY THE SEAGRASS KEEPS DYING IN BISCAYNE; IMPACTING WATER CLARITY AND MARINE LIFE. Vice-Mayor Kristen Rosen Gonzalez ACTION: Item deferred to the May 17, 2017 Commission Meeting. Motion to defer items R9 O, R9 AE, R9 AF, R9 AN, R9 AO, and R9 AQ to the May 17, 2017 Commission Meeting. Motion made by Commissioner Grieco; seconded by Commissioner Alemán: 5- 0; Absent: Mayor Levine and Vice-Mayor Rosen Gonzalez. Margarita Wells to handle. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 137 of 138 3:39:18 p.m. ADDENDUM MATERIAL 2 R9 AP PRESENTATION BY THE MIAMI-DADE COUNTY COMMISSION ON ETHICS AND PUBLIC TRUST ON THE FINDINGS OF THE 2016 ETHICS QUESTIONNAIRE ADMINISTERED TO CITY OF MIAMI BEACH EMPLOYEES. Mayor Philip Levine ACTION: Presentation made. Joseph M. Centorino, Executive Director of Miami-Dade County Commission on Ethics and Public Trust, spoke on this item. A few years ago, there were problems that occurred in the corruption area in the City, with a number of people involved in bribes. The City Manager at the time, Jorge Gonzalez, came to the Miami-Dade County Commission on Ethics and Public Trust and told them that the City had a real problem with its regulatory departments, such as Code Enforcement, Parking Enforcement, Planning, and Finance. Former City Manager Gonzalez wanted to do something to change the organizational culture of those departments and asked the Miami-Dade County Commission on Ethics and Public Trust to design a program. The Miami-Dade County Commission on Ethics put together an intense and comprehensive ethics program for 250 or so employees. Mr. Centorino’s entire staff came to the City repeatedly over a period of seven months to give presentations on the Ethics Code and the consequences of corruption. The most telling part of the program, reflected in the survey the Miami-Dade County Commission on Ethics did later on, was a 20-minute video of a former city employee who got caught taking a bribe from a developer. This employee went to jail and reflected on what it was like to be arrested at 5:00 a.m. in front of his family and what it was like to lose his licenses from the State and his City pension that he had worked for. At the end of the program, the Miami-Dade County Commission on Ethics did a survey in order to put out a report on its findings. Mr. Centorino said that the Miami-Dade County Commission on Ethics resurveyed the employees and it included not only employees involved in the original program but also employees hired since then to see if there had been any change in attitude in those departments. The survey showed significant improvement. For instance, the confidence of people that if they report a wrongdoing that they would be supported, and not be retaliated against went from 33% to 67%, more than doubled. Employees’ confidence in the overall ethics of the City and City management, in their peers, and their supervisors all showed almost across the board a statistically significant improvement. City Attorney Raul J. Aguila thanked Mr. Centorino for always taking the City’s calls and giving the City answers. He mentioned the extraordinary behavioral and morale change that occurred as a result of this training. City Attorney Aguila stated that it is quite an achievement both for the Miami-Dade County Commission on Ethics and for the City Administration to really be able to change the way employees think and the culture, within a short period of time. Vice-Mayor Rosen Gonzalez recognized Mr. Centorino for the work he did on the Miami International Airport investigation, relating to County Commissioners taking advantage of certain benefits they have. She commended him on his bravery in taking on the establishment. Discussion held. After Action April 26, 2017 City of Miami Beach Commission and Presentation and Awards Meeting Page 138 of 138 City Manager Jimmy Morales added that 21 years ago, he sponsored the County Ordinance that created the Miami-Dade County Commission on Ethics. Last fall, Joe Centorino called and asked to do another survey and the Administration had confidence on the great training the Miami-Dade County Commission on Ethics had done, and in the team the Administration brought in from outside the organization as well as the team from within. Vice-Mayor Kristen Rosen Gonzalez thanked Mr. Centorino. 6:15:41 p.m. ADDENDUM MATERIAL 2 R9 AQ DISCUSSION REGARDING THE INSTALLATION OF CAMERAS ON UPPER NORTH BAY ROAD, DUE TO RECENT INCIDENTS OF BURGLARIES/ROBBERIES IN THE AREA. Vice-Mayor Kristen Rosen Gonzalez ACTION: ACTION: Item deferred to the May 17, 2017 Commission Meeting. Motion to defer items R9 O, R9 AE, R9 AF, R9 AN, R9 AO, and R9 AQ to the May 17, 2017 Commission Meeting. Motion made by Commissioner Grieco; seconded by Commissioner Alemán: 5-0; Absent: Mayor Levine and Vice-Mayor Rosen Gonzalez. Chief Daniel Oates to handle. R10 - City Attorney Reports R10 A CITY ATTORNEY'S STATUS REPORT. Office of the City Attorney ACTION: Report given. Office of the City Attorney to handle. 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. 2. HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. 3. USE OF AUDIO VISUAL EQUIPMENT IN THE COMMISSION CHAMBERS FOR PRESENTATIONS DURING PUBLIC MEETINGS. (See Ads 1300 and 1304) 4. 2017 COMMISSION MEETING DATES. 5. ADVERTISEMENTS FOR THE APRIL 26, 2017 COMMISSION MEETING. 6. CITY COMMISSION AT-LARGE NOMINATIONS - RELEASE(S). 7. TIME CERTAIN. Meeting adjourned at 7:03:00 p.m.