2016-29352 Reso RESOLUTION NO. 2016-29352
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD / COMMUNITY AFFAIRS COMMITTEE AND DENYING THE
REQUEST FROM BOUCHER BROTHERS MIAMI BEACH LLC
(CONCESSIONAIRE) TO ACTIVATE A NEW BEACHFRONT CONCESSION AT
SOUTH POINTE PARK BEACH.
WHEREAS, the City of Miami Beach (City) and Boucher Brothers Miami Beach LLC
(Concessionaire) are parties to a Public Beachfront Concession Agreement, dated February 2,
2012 (Agreement); and
WHEREAS, the Agreement grants to Concessionaire the exclusive right, during the term, to
operate in the following four (4) concession areas: 1) Lummus Park; 2) Ocean Terrace; 3) North
Shore Open Space Park; and 4) South Pointe Park Beach; and
WHEREAS, upon commencement of the Agreement, Concessionaire was authorized to
operate at Lummus Park, North Shore Open Space Park and Ocean Terrace; however, activation
of South Pointe Park Beach was subject to the City's approval; and
WHEREAS, at this time, Concessionaire has requested the City's approval to activate the
South Pointe Park Beach concession area; and
WHEREAS, the City has the discretion to approve or deny Concessionaire's request to
activate the South Pointe Park Beach concession area; and
WHEREAS, as part of the City's due diligence in considering Concessionaire's request to
activate the South Pointe Park Beach concession area, the Administration sent a notice flyer to the
South of Fifth Neighborhood Association (SOFNA) in November 2015 and requested feedback
from its members; and
WHEREAS, on January 19, 2016, at the monthly SOFNA meeting, the SOFNA board passed
a resolution opposing activation of the proposed South Pointe Park beachfront concession; and
WHEREAS, at the March 11, 2016 Neighborhood / Community Affairs Committee (NCAC)
meeting, the Administration submitted this item and also recommended against activating the
proposed beachfront concession at South Pointe Park Beach; and
WHEREAS, the NCAC Committee considered this matter and passed a motion accepting the
recommendation of the Administration.
(Intentionally Left Blank)
•
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby accept the recommendation of the Neighborhood/Community Affairs Committee and deny
the request from Boucher Brothers Miami Beach LLC to activate a new beachfront concession at
South Pointe Park Beach.
PASSED and ADOPTED this 13 day of Apr/ ( 2016.
ATTEST:
YO"/
xj,
RAFAEL E. GRANAD , CITY CLERK PHILIP V-, MAYOR
T:\AGENDA\2016\April\TCED\South Pointe Park Concession\South Pointe r,-"rk Concession RESO.docx
APPROVED AS TO
FORM&LANGUAGE
&FEXE,NTION3
Date
City Attorney
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee And Of The City
Manager, And Denying The Request From Boucher brothers Miami Beach LLC (Concessionaire) To Activate A New
Beachfront Concession At South Pointe Park Beach.
Key Intended Outcome Supported:
N/A
Supporting Data(Surveys, Environmental Scan,etc.):
N/A• Item Summary/Recommendation:
The City of Miami Beach ("City") and Boucher Brothers Miami Beach LLC ("Concessionaire") are parties to a Public
Beachfront Concession Agreement dated February 2, 2012 ("Agreement"). The Agreement is for an initial term of five (5)
years, commencing on November 5, 2011 and ending on November 4, 2016, with one (1) renewal option for an additional
five(5)years, subject to the approval of the Mayor and City Commission.
The Agreement grants to Concessionaire the exclusive right, during the term, to operate in the following four (4)
concession areas: 1) Lummus Park,2)Ocean Terrace, 3) North Shore Open Space Park and 4) South Pointe Park Beach.
Upon commencement of the Agreement, Concessionaire was operating at Lummus Park and North Shore Open Space
Park. In May 2014, Concessionaire activated the Ocean Terrace concession area. At this time, Concessionaire has
requested authorization to activate the South Pointe Park Beach concession area.
As part of the City's due diligence in considering Concessionaire's request to activate the South Pointe Park Beach
concession area, the Administration sent a notice flyer to the South of Fifth Neighborhood Association ("SOFNA") in
November 2015 and requested feedback from its members. Upon receiving notification from the City, SOFNA distributed
a survey to its members containing several questions regarding this matter. On January 19, 2016, members from the
Administration, as well as representatives from the Boucher Brothers, attended the monthly SOFNA board meeting to
address any questions regarding this matter. The overwhelming majority of the members voiced their opposition to the
proposed beachfront concession and the SOFNA board passed the following resolution by unanimous vote that evening:
"Based on extensive input from residents, SOFNA believes that a clear majority of South of Fifth residents oppose the
operation of a concession on the Beach extending from the southern-most property line of the Continuum to the south end
of the Beach,"
"The South of Fifth Neighborhood Association (SOFNA) hereby urges the City Manager, Commissioners, and Mayor to
keep the public Beach South of Fifth free of concessions, and thereby respect the overwhelming community sentiment to
protect maximum free and public access to the Beach."
The Administration recommends that the Mayor and City Commission adopt the Resolution.
Advisory Board Recommendation:
The Administration submitted this matter to the Neighborhood/Community Affairs Committee(NCAC)at its March 11,2016
meeting, and the NCAC passed a motion against activating a new beachfront concession area at South Pointe Park
Beach.
Financial Information:
Amount Account
Source of Funds: 1 N/A N/A
Financial Impact Summary: N/A
City Clerk's Office Legislative Tracking:
Max Sklar, ext.6116
Sign-Offs:
Departm: , ,';rec/.r Assistant Ci ��!, ager City I:; ;; !er
MA I//I /AM KGB//I
;Fr-
T:\AGENDA\201• pnl\ ED\South Pointe Park Concession\South Pointe Park Concession SUM.docx
•
•
AGENDA ITEM C 7/V
IOW MIAMI BEACH
DATE y 3
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the City ommission
FROM: Jimmy L. Morales, City Manager
DATE: April 13, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE NEIGHBORHOOD / COMMUNITY AFFAIRS
COMMITTEE AND OF THE CITY MANAGER, AND
DENYING THE REQUEST FROM BOUCHER BROTHERS
MIAMI BEACH LLC (CONCESSIONAIRE) TO ACTIVATE A
NEW BEACHFRONT CONCESSION AT SOUTH POINTE
PARK BEACH.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City of Miami Beach ("City") and Boucher Brothers Miami Beach LLC
("Concessionaire") are parties to a Public Beachfront Concession Agreement
dated February 2, 2012 ("Agreement"). The Agreement is for an initial term of
five (5) years, commencing on November 5, 2011 and ending on November 4,
2016, with one (1) renewal option for an additional five (5) years, subject to the
approval of the Mayor and City Commission.
The Agreement grants to Concessionaire the exclusive right, during the term, to
operate in the following four (4) concession areas: 1) Lummus Park, 2) Ocean
Terrace, 3) North Shore Open Space Park and 4) South Pointe Park Beach.
Upon commencement of the Agreement, Concessionaire was operating at
Lummus Park and North Shore Open Space Park. In May 2014, Concessionaire
activated the Ocean Terrace concession area. At this time, Concessionaire has
requested authorization to activate the South Pointe Park Beach concession
area.
Commission Memorandum
Activation of New Beachfront Concession—South Pointe Park Beach
April 13, 2016
Page 2 of 3
ANALYSIS_
As part of the City's due diligence in considering Concessionaire's request to
activate the South Pointe Park Beach concession area, the Administration sent a
notice flyer to the South of Fifth Neighborhood Association ("SOFNA") in
November 2015 (attached hereto as Exhibit "A" Notice Flyer) and requested
feedback from its members. The proposed concession would include 100
Lounge chairs, 50 umbrellas, 10 cabanas, 10 beach beds, 1 storage box
(8'x8'x8') and 1 concession hut.
Upon receiving notification from the City, SOFNA distributed a survey to its
members containing several questions regarding this matter (attached hereto as
Exhibit "B" — SOFNA Survey). Two hundred and sixty-six (266) members
responded to the survey. The primary question contained in the survey was
whether the members were in favor of a beachfront concession at South Pointe
Park Beach. Sixty-two percent (62%) responded "no", thirty percent (30%)
responded "yes" and eight percent (8%) were "undecided".
On January 19, 2016, members from the Administration, as well as
representatives from the Boucher Brothers, attended the monthly SOFNA board
meeting to address any questions regarding this matter. The overwhelming
majority of the members voiced their opposition to the proposed beachfront
concession.
The SOFNA board passed the following resolution by unanimous vote that
evening:
"Based on extensive input from residents, SOFNA believes that a clear
majority of South of Fifth residents oppose the operation of a concession
on the Beach extending from the southern-most property line of the
Continuum to the south end of the Beach,"
"The South of Fifth Neighborhood Association (SOFNA) hereby urges the
City Manager, Commissioners, and Mayor to keep the public Beach South
of Fifth free of concessions, and thereby respect the overwhelming
community sentiment to protect maximum free and public access to the
Beach."
NEIGHBORHOOD / COMMUNITY AFFAIRS COMMITTEE
At the March 11, 2016 Neighborhood / Community Affairs Committee (NCAC)
meeting, the Administration submitted this item and recommended against
activating a new beachfront concession at South Pointe Park Beach.
The NCAC Committee considered this matter and passed a motion accepting the
recommendation of the Administration.
YCommission.'Memorandum _
Activation of New Beachfront Concession=South Point'
ointe Park,Beach .. .=-,,,:-7...i:-.,P.,-.r:-.:,,, ,,__ :::_,:!..-.: , . : ,,,,_,n.;_:::,....„4,,-,„)..,:.,.....,-,
-' .!April 13, 2016 •
Page 3'of 3.
`CONCLUSION`
_
h The Administration recommends that the Mayor and City`Commission•adopt the ,
Resolution''denying ,:the 'request from=;Boucher Brothers ,Miami 7 Beach LLC;to
:.activate,a new beachfront concession at'South,Pointe Park Beach S. '
j'Exhibits. , r, f
«A„ Notice Flyer y"B„ SOFNA Survey _
J LM/ B/ .1. /M
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SOF.NA Beachfront Concession Survey Results
*Are you in favor of the beachfront concession as
described and shown above? -
Number of .Response
Answer 0% 100% Response(s) Ratio
Yes .. 81 30.4%
.. .
" •
No 164 61.6%
ras" • ..
Undecided MN 21 7.8%
No Response(s) 0- 0.0%
_
Totals 266 100%
If you answered NO to question#1 and are not in favor of the new beachfront concession, please check all
that apply. • . . . •
Number of Response
Answer 0% . 100% Response(s) Ratio
...
.. .
• The beach should remain in . 147 83.5%
its natural state,free of
concessions
The price for chairs and 28 15.9%
umbrellesis too high .
Beach concessions close tool" 12 6.8%
early,I enjoy the beach in
the late afternoon/evening .. .
. . . •
, • • 67.6%
There are too many chairs ' • 1'1;
and too much equipment on
the beach already 12 • - ' .
Other U 6.8%
.,.
Totals 176. 19Q°4
i...•:;:•74.,..i.. .,7. -.. .. ,,,i, ,i,..,. -irizr ....,74:.-;,a-z,-•:::';- '••• •–----- .,.;• ,
If you answered YES to question#1 and favor the new beachfront concession, please check all that apply.
Number of Response
Answer 0% 100% Response(S) , Ratio.
I like the idea of additional • 72 77.4%
hospitality services-on the
beach(food,chairs,
umbrellas,etc.)
I don't like carrying chairs .
• :
and umbrellas to the beach 41 44.0%
I have been turned away by 1111111 11 11.8%
hotel/private beach
concessions
• • . . • -
I would appreciate a new -. . . ...
neighborhood-friendly ' '64 68.8%
concession on the beach
Other 111 4 . .
4,3%
Totals 93 100%
*The City of Miami Beach should offer a resident discount for all beachfront Concessions.
Number of Response
Answer 0% 100% Response(s) . Ratio
Yes .• .
• 200 75.1 %
No 39 14.6%
Other I • 27 10.1 %
No Response(s) . 0 . 0.0
• Totals 266. .
100%
: ... .„.
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How would your rate your level of satisfaction with SOFNA?
1 =Very satisfied,2=Somewhat satisfied,3=Neutral,4=Somewhat dissatisfied,5=Very dissatisfied . .,. .
Number of • Rating .
1 2 3 4 5 Response(s) . ,
Score.
11.101111111.111 254
1.7
The Rating Score.is t,he weighted aye,et-40 calculated:,y dh,Idi:,. tne sum of al weighted raungs by ale nurnter of total resoonses.
SOFNA. Beachfront Concession Survey Results
*Are you in favor of the beachfront concession as
described and shown above? .
Number of Response
Answer 0% 100% • Response(s) Ratio
- Yes —- -' - 81 30.4%
No 164 61.6%
Undecided 21 7'8%°
No Response(s)
0 0.4%'
Totals 266 100%
rtc irtR=�Li,,,,,, '—'o ._,......,: iY.i.1"•.i+i.+- ,.... --�...—..S.S.'..31?C....-- �Iw:.—....ri .UY53•/,[K,:w,.. .v to .--..,YY'�'"•••+� ..,....,
If you answered NO to question#1 and are not in favor of the new beachfront concession, please check all
that apply.
Number of Response
Answer 0% 100% Response(s) . ,,Ratio
The beach should remain in 147 83.5%
its natural state,free of
concessions
The price for chairs and MINI 28 15.9%
umbrellas is too high
Beach concessions Close tool' '12 6-0%
early,I enjoy the beach in
the late afternoon/evening .. .
There are too many chairs 119. 67.6%
and too much equipment on
the beach already , ..
Other 12 . 6.8%•
Totals 176 100%
!f you answered YES to question#1 and favor the new beachfront concession, please check all that apply.
Number of Response
Answer 0% 100% Response(s) .. , Ratio
I like the idea of additional 72 77.4
hospitality services on the
beach(food,chairs, •
umbrellas,etc.)
I don't like carrying-chairs 41 44.0
and umbrellas to the beach
I have been turned away by
hotel/private beach 11 11.8%
concessions
I would appreciate a new - . • • 64 68.8
neighborhood-friendly
concession,on the beach
Other , 4 4.3
Totals 93 • . 100%
*The City of Miami Beach should offer a resident discount for all beachfront concessions.
Number of Response •
Answer 0% 100%: Response(s) Ratio
Yes 200 75.1 %•
•
No 1111111 39 14:6%
Other
111111 27 10.1 %
No Response(s) 0 0.0
Totals .266;...,.;..., •,100%
4.S=C LyJS .t.'�i"',,,,,...:. .al-,— `.vR":L7SS7.^^r.ItlSa' L e..1'zam.xw'Yk 'Anntraasx.r...we...a ai-...+a - ra lam .
How would your rate your level of satisfaction with SOFNA?
1=Very satisfied,2=Somevvhat satialted,3=Neutral,4=Somewhat dissatisfied,5=Very dissatisfied
Number of Rating
1 2 3 4 5 Response(s) Score
254 1.7
•The Rating score is the weighted average calculated ay dividing the sum of al weighted retngs by the number of total responses.