2014-28704 Reso RESOLUTION NO. 2014-28704
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA URGING ALL BUSINESSES AND RESTAURANTS
IN THE CITY OF MIAMI BEACH, THAT ARE NOT OTHERWISE SUBJECT TO
THE PROVISIONS IN ORDINANCE NO. 2014-3884, TO VOLUNTARILY
DISCONTINUE THE USE AND SALE OF EXPANDED POLYSTYRENE FOOD
SERVICE ARTICLES.
WHEREAS, the City of Miami Beach ("City") declares that it is in the interest of the public
health, safety, and welfare of its residents and visitors to reduce litter and pollutants on the land and
in the waters of the City; and
WHEREAS, expanded polystyrene, a petroleum by-product commonly known as Styrofoam,
is neither readily recyclable nor biodegradable and takes hundreds to thousands of years to degrade
in the environment; and
WHEREAS, expanded polystyrene is a common pollutant, which fragments into smaller,
non-biodegradable pieces that are ingested by marine life and other wildlife, thus harming or killing
them and, due to the physical properties of expanded polystyrene, the EPA states "that such
materials can also have serious impacts on human health, wildlife, the aquatic environment and the
economy"; and
WHEREAS, disposable food service articles constitute a portion of the litter in the City of
Miami Beach's streets, parks, public places, beaches, and waterways; and
WHEREAS, the City's goal is to replace expanded polystyrene food service articles with
reusable, recyclable or compostable alternatives and to encourage the use of unbleached, non-
coated, recycled-content paper food service articles and other environmentally preferable
alternatives when the use of reusable food ware is not feasible; and
WHEREAS, as an environmental leader among local governments in the State of Florida,
the City of Miami Beach adopted Ordinance No. 2014-3884 on July 23, 2014 which prohibits the use
of expanded polystyrene food service articles by City contractors and special event permittees in
City facilities and on City property, the use of expanded polystyrene food service articles by sidewalk
cafes on the public right-of-way, and strengthened the City's litter laws by prohibiting expanded
polystyrene products in City parks; and
WHEREAS, many businesses and restaurants in the City have already voluntarily
discontinued selling and using expanded polystyrene food service articles and the City encourages
all other businesses and restaurants, that are not otherwise subject to the provisions in Ordinance
No. 2014-3884, to be environmentally conscious good citizens by discontinuing the sale and use of
such articles.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby urge all
businesses and restaurants in the City of Miami Beach, that are not otherwise subject to the
provisions in Ordinance No. 2014-3884, to voluntarily discontinue the use and sale of expanded
polystyrene food service articles.
PASSED and ADOPT W®'t ' �6° uly, 2014.
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City Attorney Date
/
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION .
CITY MANAGER JIMMY MORALES
FROM: CITY ATTORNEY RAUL J. AGUILA
DATE: July 30, 2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA URGING ALL
BUSINESSES AND RESTAURANTS IN THE CITY OF MIAMI
BEACH, THAT ARE NOT OTHERWISE SUBJECT TO THE
PROVISIONS IN ORDINANCE NO. 2014-3884, TO VOLUNTARILY
DISCONTINUE THE USE AND SALE OF EXPANDED
POLYSTYRENE FOOD SERVICE ARTICLES.
Pursuant to the request of Vice-Mayor Michael Grieco the attached Resolution is
4 Y
submitted for consideration by the Mayor and City Commission.
RJA/DT/da
FAATTO\TURN\COMMMEMO\Voluntary Compliance with Polystyrene Ordinance
Agenda Item G7=
Date 7-30-/
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Granado, Rafael
From: Granado, Rafael
Sent: Thursday, August 07, 2014 10:44 AM
To: Wheaton, Elizabeth
Cc: Turner, Debora; Cardillo, Lilia; Hatfield, Liliam; Carpenter, Eric;Jimenez, Joe; Granado,
Rafael
Subject: RE:Voluntarily Discontinue The Use And Sale Of Expanded Polystyrene Food Service
Articles
Good morning Elizabeth,
Thank you.
We will indicate in the after-action as you requested. When a plan is developed, let us know and we will add the
information to folio.
Regards,
MIAMIBEACH
Rafael E. Granado, Esq., City Clerk
CITY CLERK'S OFFICE
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7411 www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical,
historic community.
Y
From: Wheaton, Elizabeth
Sent: Wednesday, August 06, 2014 4:40 PM
To: Granado, Rafael
Cc: Turner, Debora; Cardillo, Lilia; Hatfield, Liliam; Carpenter, Eric; Jimenez, Joe
Subject: RE: Voluntarily Discontinue The Use And Sale Of Expanded Polystyrene Food Service Articles
Hi Rafael,
At this time we do not have a set action plan. Please just indicated that Environmental will handle.
Thank you,
MIAMIBEACH
Elizabeth Wheaton, AMP,LEER AP,Assistant Building Director
BUILDING DEPARTMENT,OFFICE OF THE CITY MANAGER
Environment&Sustainability Division
1700 Convention Center Drive,Miami Beach,FL 33139
Tel:305-673-7010 x6121/Fax: 305(394-4770 W%M.miatnibeachfl.gov
1
u
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic
community.
From: Granado, Rafael
Sent: Wednesday, August 06, 2014 3:05 PM
To: Granado, Rafael
Cc: Turner, Debora; Cardillo, Lilia; Wheaton, Elizabeth; Hatfield, Liliam; Carpenter, Eric
Subject: Re: Voluntarily Discontinue The Use And Sale Of Expanded Polystyrene Food Service Articles
Betsy,
Any update on this item, and how the information will be dissimenated? We need to include this information on the
after action, which we intend to publish Friday.
Regards,
Rafael E.Granado
City Clerk
Miami Beach
On Aug 5, 2014, at 6:55 PM, "Granado, Rafael" <RafaelGranado miamibeachfl.gov>wrote:
It was a consent item, heard without discussion. We need to put in the after action who will handle.
Unless instructed otherwise by the Manager,that will be Environmental (Betsy). These types of
resolutions are usually transmitted by the department handling to then entities whose behavior is being
urged to be changed.Will this be the done with this resolution?
Sent from my iPhone
On Aug 5, 2014, at 6:24 PM, "Turner, Debora" <DeboraTurner miamibeachfl.gov>wrote:
I don't recall the discussion. Was there any direction regarding
transmittal?
MIAMSEACH
Debora J. Turner, First Assistant City Attomey
OFFICE OF THE CITY ATTORNEY
1700 Convention Center Drive, Fourth Floor,Miami Beach,FL 33139
Tel:305-673-7000,Ext.6441 /Fax:305-673-7002
deboraturner(cD-miamibeachfl.aov
We are committed to providing excellent public service and safety to all who live,work,and play in
our vibrant,tropical,historic community.
Please note that Florida has a very broad Public Records Law.Therefore,your emails may be subject to public
disclosure.
It's easy being Green! Please consider our environment before printing this email.
From: Granado, Rafael
Sent: Tuesday, August 05, 2014 3:42 PM
To: Wheaton, Elizabeth; Turner, Debora
Cc: Granado, Rafael; Cardillo, Lilia
Subject: Voluntarily Discontinue The Use And Sale Of Expanded Polystyrene Food
Service Articles
Importance: High
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ADDENDUM MATERIAL 2:
C71 Resolution Urging All Businesses And Restaurants In The City Of Miami Beach,
That Are Not Otherwise Subject To The Provisions In Ordinance No. 2014-3884,
To Voluntarily Discontinue The Use And Sale Of Expanded Polystyrene Food
Service Articles.
(Requested by Vice-Mayor Michael Grieco)
ACTION: Resolution 2014-28704 adopted. Elizabeth Wheaton to transmit and
handle.
The after-action for the Resolution Urging.Businesses to Voluntarily Discontinue The Use
And Sale Of Expanded Polystyrene Food Service Articles is above. We need to include in
the after-action to whom Environmental will be sending the resolution (or other method
of handling). Debbie/Elizabeth please suggest language.
We need this by Thursday, August 7, 2014, as we plan to publish the after-action on the
web on Thursday.
Regards,
M IAM BEACH
Rafael E. Granado, Esq., City Clerk
CITY CLERK'S OFFICE
1700 Convention Center Drive Miami Beach FL 33139
Tel: 305-673-7411 www.miamibeachfl.eov
We are committed to providing excellent public service and safety to all who live, work
and play in our vibrant, tropical, historic community.
3