Resolution 2020-31278 RESOLUTION NO. 2020-31278
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING MIAMI-DADE COUNTY MAYOR GIMENEZ
TO PROMPTLY AUTHORIZE THE CITY OF MIAMI BEACH TO RE-OPEN
POOLS IN MULTI-FAMILY RESIDENTIAL BUILDINGS WITHIN ITS
GEOGRAPHIC BOUNDARIES,WHICH, IF OPENED,WOULD BE SUBJECT TO
THE FOLLOWING: (1) SOCIAL DISTANCING REQUIREMENTS OF MIAMI-
DADE COUNTY EO 21-20 AND APPLICABLE CDC GUIDELINES; (2)
GUIDELINES OF THE MIAMI BEACH CITY MANAGER AND THE CITY'S
HEALTH ADVISORY COMMITTEE ON TIMING FOR IMPLEMENTATION,
ENFORCEMENT, AND ADDITIONAL RESTRICTIONS, AS DEEMED
NECESSARY; (3) DISCRETION OF PROPERTY MANAGERS AND
CONDOMINIUM ASSOCIATIONS TO KEEP THEIR BUILDINGS' POOLS OR
POOL DECKS CLOSED, OR OPEN WITH ADDITIONAL RULES AS DEEMED
NECESSARY; AND (4) EACH BUILDING MAINTAINING A PLAN TO ENSURE
COMPLIANCE WITH OCCUPANCY LIMITS, SOCIAL DISTANCING,
SANITATION AND ANY OTHER APPLICABLE REQUIREMENTS; AND
FURTHER, DIRECTING THE CITY ADMINISTRATION TO PRESENT A
RECOMMENDATION REGARDING THE OPENING OF THE COMMUNITY
POOLS AT THE MAY 28, 2020 SPECIAL CITY COMMISSION MEETING.
WHEREAS, during March and April of 2020, the accelerating infection rate for COVID-19
led at least 42 states (including Florida), and countless local governments, including Miami-Dade
County and the City of Miami Beach, to issue orders curtailing mobility, recreational activities, and
travel, through "Shelter in Place," "Stay at Home," or"Safer at Home" orders, to minimize contact
through social distancing measures and reduce the risk of COVID-19 infection, with over 316
million Americans subject to such orders, accounting for over 97% of the country's population;
and
WHEREAS, on March 12, 2020, Miami-Dade County Mayor Carlos Gimenez declared a
State of Emergency for all of Miami-Dade County due to the threats associated with COVID-19;
and
WHEREAS, on March 18, 2020, Mayor Gimenez issued Miami-Dade County Emergency
Order ("EO") No. 06-20, ordering the closure of all publicly-owned and privately-owned parks,
beaches and recreational facilities in the incorporated and unincorporated areas of Miami-Dade
County, to limit the spread of COVID-19; and
WHEREAS, on March 31, 2020, Mayor Gimenez issued EO No. 15-20, ordering the
closure of all pools, hot tubs, golf courses, tennis courts, basketball courts, fitness centers,
gymnasiums and other common use amenities in multi-family residential buildings; and
WHEREAS, on April 27, 2020, Mayor Gimenez issued EO No. 21-20, ordering the re-
opening of parks, golf courses, marinas and boat ramps, subject to social distance requirements,
such as the requirement to wear a facial covering and maintain a six-foot distance separation
between persons; and
WHEREAS, on April 27, 2020, Mayor Gimenez issued Amendment No. 1 to EO No. 15-
20, ordering the re=opening of certain specified amenity areas in multi-family residential buildings,
namely tennis courts, golf courses, and basketball courts, subject to the same social distancing
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requirements of Emergency Order 21-20, but otherwise requiring pools and fitness centers within
residential buildings to remain closed; and
WHEREAS, as Miami-Dade County's emergency orders set the minimum standards
applicable county-wide, the City can only be stricter than Miami-Dade County, but otherwise the
City cannot reopen areas that the County has ordered to remain closed; and
WHEREAS, as of May 22, 2020, all pools within residential buildings remain closed; and
WHEREAS, on April 27, 2020, Palm Beach County issued Palm Beach County
Emergency Order No. 5, ordering the opening of community pools consistent with CDC social
distancing guidelines; and
WHEREAS, on April 28, 2020, Broward County issued Broward County Emergency Order
No. 20-08, ordering the opening, with restrictions, of pools and pool decks located in multi-family
housing developments, condominium developments, condominium hotels, or single-family
homeowner associations; and
WHEREAS, similar to Broward County's recent steps to re-open pools in multi-family
residential buildings, the re-opening of pools in multi-family residential buildings should be
prioritized as part of the initial phased re-opening of Miami-Dade County, subject to continued
social distancing restrictions consistent with all applicable CDC guidelines; and
WHEREAS, the re-opening of pools and pool decks in Miami-Dade County would provide
a much-needed reprieve to residents who would benefit from additional access to outdoor areas
where some research indicates the virus is less likely to spread; access to such areas could be
implemented safely by condominium associations and property managers, while serving
residents' physical and mental well-being; and
WHEREAS, the re-opening of pools and pool decks in multi-family residential buildings
would also provide residents with an additional, and safe, option for outdoor recreational use, and
would thereby result in fewer residents using recently-opened --and crowded -- public parks and
public recreational areas, thereby facilitating social distancing efforts; and
WHEREAS, reopening pools would benefit residents across all socio-economic
backgrounds, as many buildings in the City, including apartment buildings, have pools, and these
areas are not exclusive to luxury, high-rise condominiums; and
WHEREAS, members of the City's Health Advisory Committee have recommended that
pools and pool decks be opened subject to social distancing measures—concurring that scientific
data increasingly suggests that risk of transmission drops substantially when people are out-of-
doors as long as they observe social distancing; and
WHEREAS, if the restrictions in Miami-Dade County EO 15-20 were lifted, condominium
associations and building property managers would still retain the ability to close or limit access
to their pools and pool decks at their discretion, if doing so is in the best interests of the building
and its residents; and
WHEREAS, while formulating recommendations, the City Manager and the City's Health
Advisory Committee will incorporate input from the multi-family buildings throughout the City,
including South Beach, Mid Beach, and North Beach; and
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WHEREAS, although Miami-Dade County Mayor Gimenez indicated potential
enforcement concerns county-wide, this would not be an issue for the County in the City of Miami
Beach; property managers and condominium associations, along with City's Code Compliance
division, would be required to and responsible for implementing and enforcing their compliance
plans in accordance with the guidelines issued by the City and its Health Advisory Committee
regarding multi-family pools, thereby mitigating any County concern regarding the County's
enforcement resources; and
WHEREAS, at the May 13, 2020 City Commission meeting, the Mayor and City
Commission unanimously adopted a resolution urging Mayor Gimenez to allow reopening of the
Citi Bike bicycle sharing services within the City—the request set forth in this Resolution is offered
in the same spirit of collaboration with the County; and
WHEREAS, based on the foregoing,the Mayor and City Commission of Miami Beach urge
Miami-Dade Mayor Carlos Gimenez to authorize municipalities to re-open pools in multi-family
residential buildings within their jurisdictions, subject to the social distancing requirements of
Miami-Dade County EO 21-20 and applicable CDC guidelines.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Commission hereby urge Miami-Dade County Mayor Gimenez to promptly authorize the City of
Miami Beach to re-open pools in multi-family residential buildings within its geographic
boundaries,which, if opened,would be subject to the following: (1)social distancing requirements
of Miami Dade County EO 21-20 and applicable CDC guidelines; (2) guidelines of the Miami
Beach City Manager and the City's Health Advisory Committee on timing for implementation,
enforcement, and additional restrictions, as deemed necessary; (3) discretion of property
managers and condominium associations to keep their buildings' pools or pool decks closed, or
open with additional rules as deemed necessary; and (4) each building maintaining a plan to
ensure full compliance with occupancy limits, social distancing, sanitation and any other
applicable requirements; and further, direct the City Administration to present a recommendation
regarding the opening of the community pools at the May 28, 2020 Special City Commission
meeting.
PASSED and ADOPTED this as day of4( 2020.
,C2, 11-------
Dan Gelber, Mayor
ATTES • I
3/2 7/Zcrui
Rafael . Granado, City Clerk
(sponsored by Commissioner Mark Samuelian)
APPROVED AS TO
FO" ' & LANGUAGE
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S IPICORP�ORATED
3 Alia— </aAta_pa'',, '. .... � . _ 'City Attorney.
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel: 305-673-7411
May 27, 2020
Honorable Mayor Carlos A. Gimenez
Stephen P. Clark Center
111 N.W. 1st Street
Miami, FL 33128
Dear Honorable Mayor Gimenez,
Attached please find a copy of City of Miami Beach Resolution No. 2020-31278:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, URGING MIAMI-DADE COUNTY MAYOR GIMENEZ TO
PROMPTLY AUTHORIZE THE CITY OF MIAMI BEACH TO RE-OPEN POOLS IN
MULTI-FAMILY RESIDENTIAL BUILDINGS WITHIN ITS GEOGRAPHIC BOUNDARIES,
WHICH, IF OPENED, WOULD BE SUBJECT TO THE FOLLOWING: (1) SOCIAL
DISTANCING REQUIREMENTS OF MIAMI-DADE COUNTY EO 21-20 AND
APPLICABLE CDC GUIDELINES; (2) GUIDELINES OF THE MIAMI BEACH CITY
MANAGER AND THE CITY'S HEALTH ADVISORY COMMITTEE ON TIMING FOR
IMPLEMENTATION, ENFORCEMENT, AND ADDITIONAL RESTRICTIONS, AS
DEEMED NECESSARY; (3) DISCRETION OF PROPERTY MANAGERS AND
CONDOMINIUM ASSOCIATIONS TO KEEP THEIR BUILDINGS' POOLS OR POOL
DECKS CLOSED, OR OPEN WITH ADDITIONAL RULES AS DEEMED NECESSARY;
AND (4) EACH BUILDING MAINTAINING A PLAN TO ENSURE COMPLIANCE WITH
OCCUPANCY LIMITS, SOCIAL DISTANCING, SANITATION AND ANY OTHER
APPLICABLE REQUIREMENTS; AND FURTHER, DIRECTING THE CITY
ADMINISTRATION TO PRESENT A RECOMMENDATION REGARDING THE
" OPENING OF THE COMMUNITY POOLS AT THE MAY 28, 2020 SPECIAL CITY
COMMISSION MEETING.
(Sponsored by Commissioner Mark Samuelian)
This Resolution was unanimously passed and adopted by the Mayor and City Commission of the
City of Miami Beach on May 27, 2020.
Respectfully,
Rafael E. Granado
City Clerk
c: Commissioner Mark Samuelian
Resolutions -C7 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: May 22, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING MIAMI-DADE COUNTY MAYOR
GIMENEZ TO PROMPTLY AUTHORIZE THE CITY OF MIAMI BEACH TO
RE-OPEN POOLS IN MULTI-FAMILY RESIDENTIAL BUILDINGS WITHIN
ITS GEOGRAPHIC BOUNDARIES, WHICH, IF OPENED, WOULD BE
SUBJECT TO THE FOLLOWING: (1) SOCIAL DISTANCING
REQUIREMENTS OF MIAMI-DADE COUNTY EO 21-20 AND APPLICABLE
CDC GUIDELINES; (2) GUIDELINES OF THE MIAMI BEACH CITY
MANAGER AND THE CITY'S HEALTH ADVISORY COMMITTEE ON TIMING
FOR IMPLEMENTATION, ENFORCEMENT, AND ADDITIONAL
RESTRICTIONS, AS DEEMED NECESSARY; (3) DISCRETION OF
PROPERTY MANAGERS AND CONDOMINIUM ASSOCIATIONS TO KEEP
THEIR BUILDINGS' POOLS OR POOL DECKS CLOSED, OR OPEN WITH
ADDITIONAL RULES AS DEEMED NECESSARY; AND (4) EACH BUILDING
MAINTAINING A PLAN TO ENSURE COMPLIANCE WITH OCCUPANCY
LIMITS, SOCIAL DISTANCING, SANITATION AND ANY OTHER
APPLICABLE REQUIREMENTS.
RECOMMENDATION
Pursuant to the request of Commissioner Mark Samuelian, the above-referenced Resolution is
submitted for consideration at the May 22, 2020 Special City Commission meeting.
Applicable Area
Not Applicable
Is this a "Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Page 6 of 47
Commissioner Mark Samuelian
ATTACHMENTS:
Description
o Resolution
Page 7 of 47