Background Materials Week 2
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
Mayor’s Art Deco Cultural District Panel Meeting
Meeting No. 2 – Friday, January 8, 2021
Background Materials No. 2
6. Art Deco Cultural District Panel Biographies (2021)
7. Ocean Drive Opportunities (January 19, 2021) Prepared by Palace South Beach
8. LTC 193-2018 (April 19, 2019) Mayor Gelber's Panel on Ocean Drive — Safety,
Security and Infrastructure Subcommittee Motions
9. LTC 188-2019 (April 2, 2019) Mayor Gelber's Panel on Ocean Drive — Business
and Culture Practices Subcommittee Motions
10. Resolution No. 2016-29590 (September 27, 2016) Adopting Commissioner
Arriola’s 10 Point Plan
11. Minority Report to Mayor Levine’s Ocean Drive Task Force (January 8, 2016)
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Mayor’s Art Deco Cultural District Panel Panel Members
Jonathan Plutzik, Panel Chair
Jonathan retired as a Vice-Chairman of Credit Suisse (CS), in 2002, after a 24-year
career. From 2002 until its sale to Take Two Entertainment (NYSE: TTWO) in 2005,
Jonathan served as Chairman of Firaxis Games, a leading computer game development
company and home of Civilization, the internationally acclaimed computer strategy game.
Jonathan and his family own the Betsy Hotel (thebetsyhotel.com) on Ocean Drive. The
hotel has been widely celebrated as one of the world’s most important art centric and
literary hotels and is the home of The Writer’s Room (betsywritersroom.com) which has
welcomed more than 1000 artists in residence to Ocean Drive.
Since 2009, Jonathan has served on the Board of Directors of Fannie Mae and has just
completed two years as Board Chair. In 2015, Jonathan became a founding board of
Planet Word, a Washington, D.C. based museum that is dedicated to and focused on
Language Arts. Jonathan currently serves as Vice Chair of the O, Miami Poetry Festival,
Chairman of the Ocean Drive Association, Board Member for the Miami Beach Visitors
and Convention Bureau and was recently appointed by Miami Beach Mayor Dan Gelber
to chair the newly created committee examining the future of the Art Deco Cultural District.
He chaired predecessor Ocean Drive and MXE related panels under both Mayor Gelber
and Mayor Levine. Jonathan received his B.A. from Brandeis University and his M.B.A.
from the Wharton School.
Jonathan Freidin, Panel Vice-Chair
Jonathan Freidin is an attorney with Freidin Brown, P.A., where he represents plaintiffs in
personal injury, medical malpractice, and whistleblower claims. He is a third-generation
Miami Beach resident and is a property owner in the Belle Isle neighborhood. Jonathan
previously served on the Mayor’s Panel on Ocean Drive, and was the Chair of the Safety,
Security, and Infrastructure Subcommittee.
Nisi Berryman
Fresh from New York in the early ‘90s where she began her career in contemporary arts
and design, Nisi Berryman has continued to operate within the interior design and arts
fields with her own design practice and later launched Holly Hunt Miami in the newly
reviving Design District in 2000. She then served as Marketing Director for Dacra before
opening her own Design District business, Nisi B Home, in 2004 and remains in that
location 16 years later. She also served as City Editor, Miami, for Metropolitan Home
Magazine for 15+ years.
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Her son, Keith Clougherty, was born and raised on Miami Beach attending North Beach,
Nautilus and graduated from DASH, where Nisi served on the DASH Advisory Board from
2000 until 2016. Nisi has lived on South Beach since 1991 and wouldn’t have it any other
way.
Nicole Bostick
Nicole is currently the Associate Marketing Director for the Events Division of Life Time.
Her responsibilities include management of omni-channel marketing plans for endurance
races including the Miami Marathon & Half Marathon, and the New York City Triathlon,
and she considers herself “the one who convinces you to pay to run, bike, swim or all of
the above until you drop!”
Nicole has previously worked at some of the world’s most successful global luxury
retailers and events production companies, including Calvin Klein, Barneys New York,
Best Buddies, and Romero Britto. Nicole holds a BA in English Literature from
Georgetown University and has been a resident of Miami Beach since 2006, where she
also currently serves as the Mayor’s appointee to the Commission for Women.
Daniel Ciraldo
Daniel is the Executive Director for the Miami-Design Preservation League. Known as
MDPL, it is a not-for-profit preservation and arts organization founded in 1976 which
preserves, protects and promotes the architectural, cultural, social, and environmental
integrity of Miami Beach and surrounding areas.
Daniel started volunteering for MDPL in 2011 and became Chairman of the Advocacy
committee in 2013. He was later hired as part-time public policy director. In 2017 Daniel
became the Executive Director and worked diligently on historic designations in North
Beach which resulted in the largest number of historic designations in Miami Beach in 30
years. Daniel oversees a $2 million budget which includes management of the Art Deco
Welcome Center and Museum, MDPL’s tour program, Art Deco Weekend, the Center for
Resiliency and Sustainability, Visual Memoirs project, and continued oversight and
advocacy for the Beach’s numerous historic districts. Daniel received the Henriette Harris
Award for Historic Preservation in 2019 from the Dade Heritage Trust.
Thomas Donall
Thomas is originally from Lansing Michigan where he started his career as an artist. For
over 16 years, he designed, produced, and sold his art pieces sculpted out of steel. He
purchased the Palace Bar in late 2007 and immediately rebranded it into what is now
known as one of the most famous LGBTQ tourist destinations in South Florida. His visitors
come from all over the world to enjoy the first class drag brunches and T-Dances. Tom
also owns several clubs in Lansing Michigan. Spiral Bar is a 20-year-old LGBTQ dance
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club that Tom built, designed, and furnished with his custom metal artwork and steel
furniture. Spiral Bar caters to the communities of Lansing, East Lansing, and the students
of Michigan State University. Excel Bar, located in downtown Lansing, is an old theater
space that he converted into a popular dance club catering to the local community
including the students of Michigan State University and Cooley Law School.
Tom is a very active contributor to the Miami / South Beach LGBTQ community. In his
early days at the Palace Bar, he was one of the initial founders who sponsored and
brought Pride to Miami Beach. He was an integral part in convincing the City to mark the
corner of 12th and Ocean as a cornerstone for the South Beach LGBTQ community. Tom
has donated over $2,000,000 + to LGBTQ organizations throughout his ownership of the
Palace. Each year Tom donates hundreds of meals to the volunteers of Miami Beach
Pride, Care Resource (White Party) and The National LGBTQ Taskforce (Winter Party).
Tom continues to work with the LGBTQ community and City of Miami Beach to bring
visitors from all over the world.
Kim Kovel
Kim is the Publisher of Kovels.com and Kovels on Antiques & Collectibles. She is the co-
author of numerous books, reports and a nationally syndicated column on Antiques and
Collectibles. Prior to Kovels, she was CFO of a division of a Fortune 500 company,
provided financial expertise to various clients and handled the sales of diverse businesses
including a shrimp farm in the Bahamas.
She is currently Chair of the Board of Oolite Arts, Board Member and Treasurer of The
Cushman School and Board Member of Cleveland’s Carousel Society. She is a past
member of the advisory board of the Miami City Ballet School. Kovel earned her B.A in
Biology and Geology at Wellesley College and her M.B.A in Finance at Columbia
University. Kovel has lived in a Morris Lapidus house on Miami Beach for over 30 years.
Robin Jacobs
Robin is currently serving her third term as the Chair of the Miami Beach Chamber of
Commerce and is the fourth woman to occupy this position in 99 years. In addition, she
is the Vice Chair of the Mayor’s 41st Street Blue Ribbon Committee. A resident of Miami
Beach for 30 years, Robin has an extensive involvement in the Miami Beach community,
and has served on community boards, non-profit boards, and university boards. She has
held leadership positions in and has raised millions of dollars for local and national
charities and institutions of higher learning. She has received recognition for her
contributions to the community by the office of the Miami-Dade County Mayor, Florida
House of Representatives, and the City of Miami Beach for her work on behalf of the
community.
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Robin is the COO of The Miami Beach Cosmetic and Plastic Surgery Center and an
entrepreneur and co-owner of companies in the beauty and fashion industries. Robin
received a Bachelor of Science degree in Nursing (1983) from Boston University and a
Master of Public Health (1986) from Boston University's School of Public Health.
Jane Krupp
Jane has had her own design firm for over 35 years and provides a variety of professional
services as an artist, architectural designer, and color and materials specialist. Along with
private clients, she regularly collaborates with other designers and professionals in other
disciplines. Jane’s work spans planning stages through the construction and finishing
work and has worked on properties, in the US, London, Ireland, the Caribbean and the
French Riviera, while also creating presentations to Planning Commissions, Historic
Preservation and local Community Boards.
After graduating Cornell University School of Art Architecture and Urban Planning, she
moved to Soho in 1974 and as a member of the Soho Alliance worked with local resident
community groups, Community Board #2 and NY State Senators to enact legislation that
ultimately elevated Soho and Nolita into the cultural and commercial successes they have
become. Since 2005 Jane has included Miami Beach as her second home and remote
office and is looking forward to helping the city realize its creative economic potential and
reimagined brand.
Marc Lawrence
Marc is originally from New York but has lived in Miami since 1992, his freshman year at
the University of Miami. He is a member of the Florida Bar and has his masters at Law
LLM in Real Estate Law from the University of Miami. Prior to the formation of LBL Group,
LLC, he worked for The Related Group as a Senior Project Manager. In his 5 years
working for Jorge Perez, he was responsible for delivering over 1100 units in 4 separate
projects, and he was recognized as Project Manager of the Year his 3rd year at the
company. One of Marc’s projects was also honored with BASF and BEST award, and
named development of the year for a rental project over 300 units
Marc is the principal of LBL Group and one the owners of the Anglers Hotel. During
November 2013, LBL formed 50% joint venture with a hospitality equity fund (KHP 3), to
develop The Kimpton Anglers Hotel, adding an additional 85 rooms to the existing
campus. The JV has completed the construction phase of the project and has re-
renovated the original existing 49 room hotel to create a resort of 135 rooms and opened
to rave reviews. LBL helped the hotel to become top on TripAdvisor.com for 3 years in a
row, and amenities include Seawell Fish & Oyster restaurant, Minnow Bar lounge, along
with outstanding hospitality.
Today, Lawrence has been on a mission to refresh, relaunch and reimage Washington
Avenue. Currently, Marc is the secretary of The Washington Ave BID. In addition to the
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BID, Marc is newly elected to the MDPL board of directors. Currently, revitalization of the
community and interaction has been a top priority for Lawrence. The LBL Group is a
family business founded in 2005 as a full-service real estate organization that specializes
in both the strategic planning and execution of operating and development solutions that
maximize the value of any real estate asset. Our primary area of expertise lies in
hospitality and multi-family assets.
Dawn McCall
Dawn is a resident activist with global business leadership experience and expertise in
leadership and motivation. Dawn has previously served in the U.S. State Department as
Coordinator of the Bureau of International Information Programs, where she overhauled
the Bureau, realigned the priorities of the 400-person team, and established public
outreach infrastructure to support 450 consulate and embassy websites in 55 languages.
Dawn is also on the Board of the South of Fifth Neighborhood Association, one of the
oldest and strongest resident groups in Miami Beach.
Salem Mounayyer
Salem is the General Manager for Jordache Hotel Groups and Properties and the owner’s
representative for the Jordache Miami Beach businesses. Salem relocated to Miami
Beach in 2012 from Israel. He has worked in the tourism and hospitality industry
managing, remodeling and developing hotels for over 35 years in Eilat, Dead Sea and Tel
Aviv, Israel. His current portfolio includes Hotel Breakwater, Hotel Edison, Hotel
Breakwater, The Villa Casa Casuarina, Hotel Victor, Hotel Ocean, Casa Victoria Orchid,
Setai Hotel, Abbey Hotel, in addition to 15 other properties and businesses in Miami
Beach. Salem is an active member of the Strand Association, Empire Condo Association
and Bentley Association, all located on Ocean Drive.
Jennifer Roberts
Jennifer is the CEO of Design Miami/ and is responsible for running the business of the
fairs both in Miami and Basel; she oversees the implementation of new marketing
strategies and supports the expansion of MCH + Dacra with regional art and design fairs.
Jennifer also sits on the board of Design Miami/.
Prior to Design Miami/, Jennifer was the executive director of The Salon: Art + Design,
produced annually at the Park Avenue Armory in New York, where she launched the
inaugural fair. Jennifer worked on the business development, exhibitor relations, strategic
marketing and partnerships. She was a member of the selection committee.
As founding publisher of MODERN Magazine, an international design quarterly, Jennifer
created the first publication of its kind providing in-depth research and market news on
twentieth century and contemporary design, architecture and decorative arts. Jennifer is
a co-proprietor of the Woodstock Music and Art Fair trademarks. She has held the position
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of managing member, overseeing the licensing initiatives for festival and merchandising
opportunities.
Curtis Slipman
Dr. Slipman is one of the world’s foremost authorities on medical, interventional and rehabilitation approaches to treating back and neck pain and has been recognized internationally as a leading researcher and educator on the subject. He authored the
definitive textbook on interventional spine techniques; written more than 130 peer
reviewed articles and book chapters on a wide range of subjects ranging from the diagnosis and treatment of spine pain to treating pain caused by sports injuries; and has been repeatedly recognized as one of the “Best Doctors in America” a distinction awarded by one’s peers to less than 1% of all physicians in a particular specialty.
Dr. Slipman has been an invited speaker at more than 200 conferences, has been an
editor/reviewer of more than10 medical journals and served as editor in chief of Pain Physician 2002-2004. He has served as a consultant for NASA and several medical device companies. Currently, he is an advisor to several medical and non-medical companies, provides medical care and physician education in the Middle East and
continues to function as a reviewer and editor of a variety of medical journals.
Dr. Slipman became a regular Miami Beach visitor from his home base in Philadelphia in 1995, purchased a second home in South Beach in 2000, upgraded to Il Villaggio in 2003 and became a full time Florida resident in 2008. Since 2013 Dr. Slipman has served on the board of Il Villaggio emphasizing transparent initiatives and processes that enhance
the quality of life, safety and security of the Il Villaggio community.
John Stuart
John, a registered architect in Florida, has lived in Miami Beach for more than twenty-five
years. He served on the Miami Beach Historic Preservation Board, which reviewed the
recent 10-point plan for Ocean Drive and is a member of the Miami Beach Chamber of
Commerce Board of Governors, where he is now a vice-chair. At FIU, Stuart is a
Distinguished University Professor of Architecture and Associate Dean for Cultural and
Community Engagement in the College of Communication, Architecture + The Arts. He
has served as Chair of the FIU Department of Architecture and Faculty Fellow in the
Office of the Provost. Stuart’s interdisciplinary research has been funded by the NEA,
NEH, NSF, Graham and Knight foundations and he oversees teaching and research at
FIU’s large CARTA Innovation Lab for 3D printing, which produced over 10,000 pieces of
PPE for front line healthcare workers and first responders during the recent COVID-19
pandemic. During 2020 in partnership with The Betsy Hotel, he created and delivered the
public event series “Zen and the art of…” and has produced three books including the
2008 co-authored edition with John F. Stack, Jr on The New Deal in South Florida:
Design, Policy and Community Building, 1933-40.
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Mayor’s Art Deco Cultural District Panel Design Professionals
ZYSCOVICH ARCHITECTS Prime Consultant
Zyscovich is a large planning and architecture firm, employing over 120 professionals
with vast experience and technical expertise in the requested services. The planners,
urban designers and architects proposed for this project have extensive experience in visioning, urban design, master planning, land use, large-scale mixed-use redevelopment, public/ private partnerships, adaptive reuse and historic preservation, economic development and rehabilitation, contemporary planning codes and parking
structures, and capital project planning, prioritization and implementation, as well as
regulating plans for multi-modal transportation and storm water infrastructure for municipalities throughout the country. This team has worked together on a number of similar projects, the majority of which have been implemented.
Their expertise includes community workshops, education and engagement, and
presenting reports and information to elected officials, stakeholders and the community. Our team already has effective working relationships in place with many of the stakeholders for the land use, mobility and economic development study of the Entertainment District. In fact, Bernard Zyscovich, FAIA, Managing Partner of the firm, is
a Past Chairman of the Miami Design Preservation League and has served on the Miami
Beach Design Review Board and the City of Miami Urban Development Review Board. A Fellow of the American Institute of Architects, Bernard Zyscovich has also received the Person of the Year Award from the City of Hollywood Historic Preservation Board; the AIA Miami Silver Medal; and the Pratt Institute Alumni Achievement Award for
Professional Accomplishment and Leadership in Architecture.
Our vast experience in both private and public sector planning and the importance we place on market feasibility help to ensure that our plans can be realized. For over 40 years, our firm has developed creative solutions to stimulate and implement high quality
redevelopment while protecting neighborhoods. We have been recognized for this level
of dedication and expertise in planning by the American Planning Association and the American Institute of Architects and will bring this energy to the City of Miami Beach. The staff assigned will be with this project from its inception through its successful completion. Additional staff can and will be assigned as necessary to meet the budget, schedule and
objectives of the project. The following pages contain resumes for our key personnel as
follows:
BERNARD ZYSCOVICH, FAIA, Principal-in-Charge, will have overall responsibility and accountability for the performance of the entire Zyscovich team, including subconsultants
and ensure that the team is staffed correctly and adequately to create the land use,
mobility and economic development study for the Art Deco Cultural District.
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SURIA YAFFAR, ASSOC. AIA, LEED AP, Principal and Director of Design, will help lead
the urban design effort to successfully achieve the vision and design requirements.
GRACE PERDOMO, ASSOC. AIA, Project Manager and Senior Urban Planner, will be responsible for the management of the project and the day-to-day communication between all team members. She will work closely with City staff, Advisory Committee,
Residents, Business Owners, Property Owners, and Other Stakeholders.
BERNARD ZYSCOVICH, FAIA
Founding Partner / Principal-In-Charge, Zyscovich
Bernard Zyscovich is the founder of Zyscovich and serves as its Managing Principal. With over 45 years of experience, he has led creative teams on a wide range of projects ranging from planning, designing and building complex transportation and aviation
projects implemented in the U.S. and International. The firm’s successful creation of
Master Plans meet the mission of our public and private sectors clients as well as public-private partnerships entities some of which have been financed privately or by federal, state and local funding. As the visionary on many high-profile projects, Bernard draws upon his extensive work with multiple stakeholders and broad-based public input. He
practices a design philosophy which emphasizes the unique characteristics of
neighborhoods—a philosophy which resonates with communities because it recognizes the intrinsic value in each place. Bernard brings to each of the firm’s projects an instinctive understanding of architectural context and the connection to the surrounding environment as a result of his years analyzing the massing, forms and features of the urban fabric.
This holistic approach allows our projects to enjoy a continuity with the essential aspects
of the environment while establishing a new, integrated expression of that uniqueness of the place.
SURIA YAFFAR, ASSOC. AIA, LEED AP
Partner – Director of Design, Zyscovich
Lead Urban Designer / Planner
Suria has vast experience of community and master planning as well as creating
distinctive architectural solutions for public and private clients throughout the United States. She is experienced in all phases of the design process including community outreach, consensus building, strategic planning and urban design for downtowns, and land development, as well as all phases of project development.
As a key leader, Ms. Yaffar manages the design and planning teams and consistently brings innovative and efficient solutions that weave community, the natural environment and building program into meaningful places. She is also highly experienced in all phases of the architectural design process, including site analysis, strategic planning/programming, site feasibility studies, master planning, and the design of mixed-
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use buildings. As a LEED Accredited Professional, Suria helps guide the application of sustainable design principles throughout the firm’s design initiatives. Suria has served on
regional ULI Advisory boards and conducted university lectures on master planning and architecture.
GRACE PERDOMO, ASSOC. AIA Director of Urban Design & Planning, Zyscovich
Project Manager / Senior Urban Designer & Planner
Grace Perdomo is an architectural and urban designer with over 29 years of extensive
mixed-use, urban redevelopment, master planning and grant writing experience. As
Urban Designer and Planner at Zyscovich, Grace oversees a practice committed to sustainable urbanism and has led a diverse group of projects centered on downtown and historic neighborhoods with a focus on community revitalization and mixed-use infill redevelopment. She has assisted numerous public and private sector clients in the design
and implementation of sustainable policies, practices, master plans, code rewrites, and
design guidelines that improve and integrate density, multi-modal transportation, preservation, land use and development to create livable, walkable and diverse communities. Ms. Perdomo’s master planning experience includes the visioning and master planning of the MDC Strategic Miami Area Rapid Transit (SMART) Plan- North-
East and Beach Corridors, Washington Avenue Vision and Master Plan Study, and the
Dumbarton Transportation Corridor in California.
Skilled in translating the principles of sustainable urbanism into pragmatic planning and design solutions for developments in both the public and private sectors, Grace’s use of
innovative participatory processes and design tools engage public participants and stakeholders as active decision-makers in visioning, planning and community building. Her strengths include grant writing, planning and urban design, community facilitation and consensus—building with a commitment to shaping the future of our communities through good urbanism.
LAMBERT ADVISORY
Founded in 1995, Lambert Advisory is an internationally recognized real estate and economic advisory firm. Established on a foundation of knowledge, data, and experience,
Lambert works collaboratively with clients and partners to transform places and build stronger communities. Lambert Advisory will perform the scope of services for the economic development component of supporting the land use and mobility elements of the City’s multi-corridor, district-wide revitalization effort for the Entertainment District. The primary goal of the economic development study and market analysis will be to assess
economic and market conditions that guide land use and mobility planning on a district-wide basis and street by street basis in order to effectively lead to economic development in each respective study area.
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PAUL LAMBERT Managing Principal; Economic Development / Market Analysis
Paul Lambert founded Lambert Advisory in 1999, and his firm has provided corporate, not-for-profit, and governmental clients with a wide range of real estate advisory services since its inception. Mr. Lambert has more than 25 years of professional experience and is nationally recognized for his economic and community development expertise and
coordinating public-private redevelopment initiatives. Prior to starting Lambert Advisory, Lambert was with Arthur Andersen LLP and Goodkin Research Corporation where he was senior member of the firms’ South Florida and Latin America real estate economic practice.
Mr. Lambert has served as the lead economic consultant (Project Manager) on numerous large-scale mixed-use redevelopment and planning initiatives both locally and nationally and among which include: the post-Katrina neighborhood rebuilding planning process on behalf of the City of New Orleans; International Marketplace and Waikiki Redevelopment Strategy (Honolulu, HI); University of Pennsylvania Retail Master Plan; The Wharf
Development (Washington, DC); and, Brickell City Center (Market Analysis).
Paul received a Master’s in City Planning from the Massachusetts Institute of Technology (Cambridge, Massachusetts) and a Bachelor of Arts in Urban & Regional Planning from Miami University (Oxford, Ohio). He has participated in speeches, panels and
publications including: Center for Architecture (New York, NY); Harvard Business School Panel Member, Institutional & Government Sustainability Policy Trends; and, Woodrow Wilson International Center for Scholars. Urban Poverty Alleviation Strategies.
ERIC LIFF
Principal, Lambert Advisory LLC
Eric Liff brings 25 years of experience providing economic and financial advisory services to both the private and public sectors. He has worked with numerous national and
international corporations providing economic, strategic and investment guidance in real
estate acquisition, development planning, and asset repositioning. His advising work includes mixed-use and resort development throughout the U.S., Central America, and the Caribbean. Throughout his career, Eric has served as the project manager to more than fifty municipal and governmental agencies on initiatives ranging from economic
development and neighborhood revitalization to complex financial and partnership
structuring. Recently, Mr. Liff has been engaged as a public/private partnership (P3) advisor for the City of Miami Beach, City of Miramar, and Town of Surfside in connection with large-scale residential/mixed-use development efforts.
Mr. Liff provided real estate advisory services for two Big 5 accounting firms, servicing
some of the largest real estate and hospitality firms and investment banks in the United States and the Caribbean. As a Manager in the Real Estate Consulting Group of KPMG Peat Marwick and a Senior Consultant with the Real Estate Consulting Group of Arthur
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Andersen LLP, Mr. Liff was actively involved in the acquisition, disposition, and
underwriting engagements for firms such as CS First Boston, Morgan Stanley, Prudential,
and Heller Financial. Additionally, Mr. Liff has managed several major workout transactions and litigation related support engagements. He is a member of the Urban Land Institute (ULI) and has participated as a panelist on several ULI Technical Assistance Panels.
KITTELSON & ASSOCIATES, INC. (KITTELSON)
As our transportation lead, Kittelson shares our core mission of working synergistically with economic, urban design and transportation disciplines to craft solutions that support a vibrant multimodal city. Kittelson & Associates, Inc. (Kittelson) provides comprehensive
transportation planning, engineering, and research services and specializes in innovative traffic management, operational analyses, urban design & visioning, and multimodal, “Complete Streets,” corridor planning and implementation. From building great streets to statewide transportation system planning, Kittelson integrates transportation and land use planning to produce integrated and innovative solutions that achieve sustainable
community goals. Kittelson will be leading components related to transportation planning and traffic management with the goal of integrating community objectives and informing team analysis and recommendations on mobility options within the Entertainment District with an understanding of the pros/ cons and trade-offs that frequently accompany multiple or conflicting needs.
YOLANDA A. TAKESIAN
Associate Planner
Ms. Yolanda Takesian brings unique community planning experience linking transportation solutions to economic and civic goals and priorities. She has led transit corridor and transit-oriented network planning to integrate multimodal access and transit service with urban design and economic reinvestment strategies. Work in streetcar,
circulator and bus rapid transit planning combines with broad experience in project
development processes and successful implementation programing to develop technically, financially, and politically achievable solutions. Effective engagement of decision makers and community members is a hallmark of her work. Ms. Takesian led policy and program initiatives including Maryland Department of Transportation’s (MDOT)
“Thinking Beyond the Pavement” approach to project development. She also she staffed
Anne Arundel County, Maryland’s annual capital improvement program and managed the Odenton MARC Station Area Plan.
FABIAN DE LA ESPRIELLA, AICP
Senior Planner
Fabian is a senior planner with over fourteen years of experience focusing on urban design and livable transportation projects that create community supported, context-sensitive design solutions for redeveloping suburban and urban environments. Fabian
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has managed or played a key role in a number of corridor and area planning initiatives focused on creating vision plans that integrate land use, urban design, and transportation
interventions with policy and market realities. He has worked on some very unique and relevant projects in both the public and private sector bringing a broad experience and understanding in the planning and implementation of livable transportation projects. He has led or collaborated on projects in Florida as well as across the country. Through an integrated land use-transportation approach, he’s become very knowledgeable in projects
involving pedestrian issues and walkability, street design and connectivity, traffic calming, place-making, urban redevelopment and revitalization, and transit station area design and planning. Most of the projects he’s worked on serve transit riders, pedestrians and cyclists. As a professional with a design and planning background, he’s interested in advancing initiatives to make cities better places to live.
GEHL
GEHL is an urban design and research consultancy based in Copenhagen, New York and San Francisco, offering expertise in the fields of architecture, urban design,
landscape architecture, and city planning. We address global trends with a people-focused approach, utilizing empirical analysis to understand how the built environment can promote well-being. Gehl will be leading the on-site data gathering component of the study utilizing empirical analysis, strategic planning and human-centered design to understand how the built environment is used in public life and can promote well-being
as well as establish a collective understanding of the performance of the public realm spaces within the entertainment district study area.
MATTHEW J. LISTER Partner, GEHL Managing Director
Matthew is a creative urban place maker, real estate development strategist, and designer. As Managing Director at Gehl in New York, he focuses on the intersection of real estate strategy and the design and activation of great public spaces. Often working
at multiple scales with both private and public clients, he works to develop aspirational yet economically sustainable and implementable solutions. Matthew also brings an expertise in collaborative engagement with diverse communities in the urban change and development process. Matthew is a Visiting Assistant Professor at Pratt Institute in New York City.
JULIA D. DAY Associate, GEHL Team Lead
Julia’s experience focuses on developing projects across design, policy and advocacy to
demonstrate streets as public spaces and engage people in the planning process. Over ten years, Julia has worked with city agencies and community leaders in New York and London to create play spaces in communities lacking open space, to develop mobility
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plans to improve walking and biking, and to collect data decision makers can use to lead policy and design change. At Gehl, Julia facilitates projects where urban leaders and
stakeholders from multiple sectors can collaborate to improve quality of life.
TOWN SQUARE CORP TOWN SQUARE CORP. is a client focused consultancy founded by Jerome Barth, who
honed his place-making skills at two of the most-beloved public spaces of our era--New York’s Bryant Park and The High Line. Based in New York City, Town Square will use its expertise in the realm of public space and management consultancy to identify and lead the development of programming and branding opportunities and strategies for the district as well as identify potential operating revenues to ensure sustainability over time.
JEROME H. BARTH As founding principal of Town Square Corp, Jerome Barth brings unique expertise and experience in creative placemaking, public space management and economic
development. Jerome holds an MBA with 20 years of experience in senior-level positions in leading NYC cultural organizations and Business Improvement Districts (BID) with annual budgets of $10-$22 million. Skilled at budgeting and cash management, Jerome has created and implemented numerous highly successful programs to increase revenues and patron usage including in New York City’s Midtown public spaces, driving
rise in real estate values for neighboring properties and working with board leadership, public relations, strong network in NYC government, not for profits, and technology sector as well as fundraising experience.
RAYMOND JUNGLES, INC.
A Miami-based landscape architecture firm, RJI has been developing a dynamic, creative and ecologically sensitive practice inspired by the ethic of stewardship of the land since 1981. The firm has maintained a national and international presence, completing a variety of award-winning projects of different complexities in the intervening 37 years. Raymond
Jungles Inc. designs each project within a context that is ecologically sensitive, environmentally responsive and particularly attentive to existing ecosystems. This holistic approach has repeatedly demonstrated the firm’s understanding and commitment to site specific environmental design. RJI is committed to designing with and utilizing LEED certifiable materials and construction methods with the goal of making projects cost
effective not only in initial construction, but also through the longevity of materials and long-term efficiency of water and power usage. As appropriate, RJI will incorporate pervious surfaces for potential on-site capture and reuse of water resources, recycled content hardscape materials and furnishings, energy efficient lighting, living green screens, native landscape, and green roof technologies.
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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RJI is the recipient of forty-eight Design Awards from the Florida Chapter of the American Society of Landscape Architects, including sixteen Awards of Excellence and five Frederic
B. Stressau Awards. The firm has also received two Professional Awards from theNational Chapter of the American Society of Landscape Architects.
RAYMOND JUNGLES FASLA, PLA – Founding Principal
Raymond Jungles is the founder of the Miami-based landscape architecture firm, Raymond Jungles, Inc. He graduated with a degree in landscape architecture, with honors, from the University of Florida in 1981, obtained his license and established his award-winning firm in 1982.
Raymond was elected a Fellow of the American Society of Landscape Architects in 2006. Lecturing domestically and internationally, Raymond passionately promotes the appreciation of natural environments and gardens. Raymond acknowledges Roberto Burle Marx as his mentor, crediting the time he spent in the presence of the modernist
master as having a defining impact on his life’s trajectory.
2.1 Organizational ChartWE MAKE PEOPLE PLACES.
20City of Miami Beach RFQ / No. 2019-234-NDLand Use, Mobility and Economic Development Study of the Entertainment District 20
BERNARD ZYSCOVICH, FAIAPrincipal-in-Charge
SURIA YAFFAR, ASSOC. AIA, LEED APPrincipal; Director of Design
GRACE PERDOMO, ASSOC. AIA Project Manager; Senior Urban Planner
DARYS AVILASenior Urban Designer
MANUEL DEL MONTESenior Designer
THORN GRAFTON, AIA, LEED AP Historic Preservation Architect; Director of Sustainable Initiatives
* Identified ‘Resource Team’ Consultants to beengaged on an as-need basis, to contribute expertknowledge at key points throughout the planningand design process. As we work with the City todetermine the full scope of services for this project, we will similarly work to determine the firm leaders that can best contribute to the overall effort.
ORGANIZATIONAL CHART
ZYSCOVICH ARCHITECTS Prime Consultant
LAND USE, URBAN DESIGN, STRATEGIC PLANNING & COMMUNITY ENGAGEMENT
ZYSCOVICH CORE TEAM
GEHLMatthew Lister - Partner, Managing DirectorJulia Day - Associate, Team LeadMaki Kawaguchi - AssociateAdriana Akers - Urban Planner
ECONOMIC DEVELOPMENT
KITTELSON
Yolanda Takesian - Project DirectorMary Raulerson - Senior Principal PlannerRyan Cunningham, PE - Associate EngineerJessica Josselyn - Associate PlannerFabian De La Espriella, AICP - Senior Planner
PROGRAMMING AND BRANDING
TOWN SQUARE CORP.
WITH ZYSCOVICH & GEHL
Jerome Barth - PrincipalSara Nordman - PrincipalAmanda Wigen - Associate
PLANNING AND URBAN DESIGN
LAMBERT ADVISORY
Paul Lambert - Managing PrincipalEric Liff - PrincipalTodd Petersen - Senior AdvisorFrank Pallini - Senior Advisor
TRANSIT AND MOBILITY
NEIGHBORHOOD ENHANCEMENTS
ZYSCOVICH
RESOURCE TEAM*
RAYMOND JUNGLES, INC. Raymond Jungles, FASLA, PLA - Founding PrincipalBen Green, PLA, LEED AP - Project ManagerColin Brown, PLA - Landscape ArchitectJeff Steen - Senior Project CoordinatorGuy Champin - Senior Project CoordinatorKristelle Boulos, LEED AP BD+C - Project Coordinator
SCHWEBKE-SHISKIN & ASSOCIATES, INC.
Hernando J. Navas, PE - Principal-in-Charge
LANDSCAPE DESIGN
CIVIL ENGINEERING
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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Mayor’s Art Deco Cultural District Panel
City Team Members
Mayor Dan Gelber
Born in Miami Beach, Dan Gelber was raised to believe in public service and the
importance of community. In 2017, Dan was elected Mayor of his hometown with over
82% support. He led the Commission in creating the innovative STEAM Plus program,
partnering with local cultural institutions to infuse the arts directly into the school
curriculum. Dan started the #PlasticFreeMB initiative and improved the City’s resilience
by inviting the Urban Land Institute to review current strategies. He was also an architect
of the G.O. Bonds Program approved by 70% of residents in 2018, which will enhance
existing City infrastructure and fund new parks and public safety projects. Additionally,
Dan has led the City on efforts to implement enhanced community policing and elevating
arts and culture.
Dan practices law with the firm of Gelber Schachter & Greenberg PA in Miami and is listed
in Best Lawyers in America, and Chambers. Dan is married to Joan Silverstein, a career
federal prosecutor, and they have three kids and a dog named Buddy they are still trying
to train (the dog not the kids). Dan graduated from Tufts University magna cum laude and
the University of Florida Law School where he was a national Truman Scholar.
Michele Burger
Michele Burger currently serves as Chief of Staff to Mayor Dan Gelber. She has spent
over three decades working in government, in both public and private sectors with
expertise in public policy and strategic planning. Michele has served elected officials in
the Florida Senate and House of Representatives and was Chief of Staff to Mayor
Seymour Gelber where she was involved with significant changes to South Beach. While
working in the private sector, she spent ten years working with developer and visionary
Craig Robins to revive and transform the Miami Design District.
She has taught nonprofit management at the University of Miami School of Business and
served on various Boards. Michele has an extensive background in fundraising, raising
over $10 million for scholarship and capital campaigns. She has been a Miami Beach
resident for 30 years where she has raised three children.
Eric Carpenter
Eric has worked at the City since 2013 and currently serves as Assistant City Manager
overseeing multiple Departments and Divisions that encompass activities related to
infrastructure, public engagement, permitting and the economic well-being of the City.
Departments under Eric’s leadership include Public Works, Parks and Recreation, Capital
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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Improvement Projects, Parking, Building, Planning, Code Compliance and Economic
Development.
While at the City, Eric has worked closely on important projects that enhance valuable
public improvements, increase public park space within densely populated areas, and
add affordable and workforce housing units that diversify the City’s residential population.
While navigating the challenges of operating a primarily tourism economy through the
Covid-19 pandemic, Eric has been involved with implementation of the City’s $439 million
general obligation bond program, prioritizing the City’s adaptation and response to sea
level rise, and creation of the North Beach Community Redevelopment Agency.
Chief Richard Clements
Chief Richard (Rick) Clements is a 30-year veteran of the Miami Beach Police
Department. Chief Clements holds a Bachelor’s Degree in Political Science from the
University of Utah. He is also a graduate of the Federal Bureau of Investigations (FBI)
National Academy, Session 273, The Northwestern School of Police Staff and Command
and the prestigious Senior Management Institute for Policing (SMIP).
During his tenure with Miami Beach, Rick has served in a variety of capacities to include
Deputy Chief of Police overseeing the Operations, Investigations, and Support Services
Divisions of the Police Department. Rick has also served as the Commanding Officer
(Major) of the Investigations and Support Division, the As a Captain in Operations and
Patrol and Criminal Investigations, and his most memorable assignment was his service
16 years of service on the Miami Beach SWAT as both an operator and Team
Commander.
During his law enforcement career, Chief Clements has coordinated many special events
to include the staffing of several Presidential Visits, the Critical Mass Bicycle rides,
coordinated, and staffed the operational plans associated with several to include
Memorial Day Weekend, the planning of the most recent 2020 Super Bowl NFL
Experience as well as Super Bowl in 2010 and 2007. Chief Clements has also been
involved in the planning and staffing of other high profile events to include the 2017
Hurricane Michael response, the 2003 Hurricane Charley response, the 2015 City of
Miami Beach Centennial Event, the 2005 Organization of American States (OAS)
Conference, the 2004 Presidential Debate, and the Free Trade of the Americas Summit
(FTAA) held in Ft. Lauderdale in 2003.
Lissette García Arrogante
Lissette has twenty years of public, corporate, and nonprofit expertise in the arts. She is
skilled at building and managing alliances across multiple stakeholder groups and leading
teams to achieve greater social impact.
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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As a seasoned arts and culture leader with two decades of professional experience,
Lissette has an in‐depth understanding of the cultural sector's value. She has the ability
to leverage the economic impact of arts and culture by implementing arts‐based
strategies to deal with economic and community development.
Currently, Lissette is the Director of the Tourism and Culture Department for the City of
Miami Beach. Appointed by Mayor Gelber and Commissioners to oversee tourism, arts
and culture, special events, film, and the Miami Beach Convention Center. Previously,
Lissette was the Director of the City of Savannah Cultural Resources Department and the
Savannah Cultural Arts Center.
Rickelle Williams
In September 2020 Rickelle Williams joined the City of Miami Beach as the city’s new
Economic Development Director. Ms. Williams is charged with facilitating economic
revitalization and serving as a critical resource to local businesses. She is currently
focused on business retention and economic diversification throughout the city, creation
of the North Beach Community Redevelopment Agency, preparation of the Land Use,
Mobility and Economic Development Study of the Mixed-Use Entertainment District (Art
Deco Cultural District), and workforce housing and cultural facility public private
partnerships among other duties.
In her most recent role, Williams held the position of Executive Director at the Dania
Beach Community Redevelopment Agency (CRA). She managed various programs and
initiatives for the CRA, including marketing a successful mixed-use development
spanning 102 acres with over 1 million square feet of retail/restaurants and an affordable
housing program to facilitate infill housing development and down-payment assistance
for low-to-moderate income households. Williams helped develop a job creation incentive
package for Spirit Airlines to relocate their global headquarters from Miramar to Dania
Beach. She also developed and implemented a rebranding initiative for the City of Dania
Beach, led a multitude of economic development programs, commercial and residential
improvement initiatives, workforce training, urban farm and gardens, capital projects and
much more. Williams received a master’s in public administration from Florida
International University, as well as a Master of Arts in Mass Communication from the
University of Florida. Her professional credentials include being a Project Management
Professional, LEED Accredited Professional and Florida Redevelopment Association
Redevelopment Administrator.
Tom Mooney
Tom received a Bachelor’s Degree in Political Science, and a Master’s Degree in Public
Administration, with an area of specialization in Urban and Regional Planning, from
Florida International University. Mr. Mooney started his public sector career with the City
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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of North Miami Beach in 1989 as a Management Intern and finished as an Assistant City
Planner.
In 1993 he joined the City of Miami Beach as a Senior Planner, overseeing the Design
Review and Historic Preservation functions of the Planning Department. Mr. Mooney was
promoted to Principal Planner, Design and Preservation Manager and eventually Acting
Planning & Zoning Manager, while taking on progressively more responsible roles in the
overall administration of the Department. In January 2014 Mr. Mooney was appointed
Director of the Planning Department, the position he holds today.
Mr. Mooney is a Certified Professional Planner with the American Institute of Certified
Planners. Currently, Mr. Mooney serves on the Board of Advisors for the FIU Graduate
School of Public Administration. He has served as Treasurer and Chair of the Gold Coast
Section of the Florida Chapter of the American Planning Association and has also served
as the Southeast Representative of the Urban Design and Preservation Division of the
National American Planning Association. Locally, Mr. Mooney has served on the Board
of Directors of Dade Heritage Trust, the Tropical Pioneers of the Historical Museum of
South Florida (now History Miami), and the Florida Philharmonic Maestro Society of Dade
County. He is a graduate of the Miami Design Preservation League Tour Guide Academy
and is a certified Historic District Tour Guide. Tom is an avid cyclist and competitive
triathlete.
Hernan Cardeno
Hernan is a 34-year veteran of law enforcement, having first served with the Bal Harbour
Police Department where he rose through the ranks to Assistant Chief of Police. He later
became one of the youngest Chiefs of Police in Miami-Dade County history when he was
appointed Chief of the Golden Beach Police Department; later serving as Assistant City
Manager and subsequently Interim City Manager. In 2001, he accepted an Executive
Commander position with the North Miami Beach Police Department with oversight of the
Forfeiture Section, Grants Management, and Money- Laundering task force before being
recruited by the Miami Beach Police Department.
As the Support Services Division Commander for the Miami Beach Police, he had
oversight of the Property and Evidence Unit (PEU), Training Unit, Personnel Selection
and Background Investigations Unit, and Business Resource Unit comprised of Off-Duty
police services and Payroll services. Commander Cardeno previously commanded the
Technical Services Division comprised of the Public Safety Communications Unit (PSCU)
9-1-1 Center, Records Management Unit, Professional Standards, Information
Resources, and Grants Management.
Mr. Cardeno was most recently appointed as the Code Compliance Department Director
where he oversees the enforcement of City laws and ordinances ensuring the health,
safety, welfare, and quality of life for the residents, businesses, owners and tourists of the
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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City of Miami Beach. Mr. Cardeno is a graduate of the University of Louisville’s Southern
Police Institute Command Officers Development Course and the FBI’s Federal Executive
Development Course. He holds a Bachelor’s Degree from Barry University, having
majored in Human Resources Management with a minor in Counseling; and a Juris
Doctor Degree from Nova Southeastern University’s Shepard Broad Law Center. He is
an active member of the Florida Bar and the American Bar Association.
Nick Kallergis
Nick joined the City Attorney’s Office in 2013 following completing studies at the
University of Miami School of Law (J.D. 2013, cum laude and B.A. in English and Spanish
Literature 2010, magna cum laude). Mr. Kallergis’ areas of practice include land use and
zoning, legislation, elections, and special assessment districts. Mr. Kallergis represents
the City’s Planning Department and four land development boards (Planning Board,
Historic Preservation Board, Design Review Board, and Board of Adjustment). He also
advises the Land Use and Development Committee and the Sustainability and Resiliency
Committee, as well as the City’s Environment & Sustainability Department.
Justin Karr
Justin joined the City in 2018 as Real Estate Asset Specialist, focusing primarily on
management of contracts and agreements governing the use of City-owned properties.
In the Economic Development Department, Justin assists with business and growth
opportunities, both public and private. He received his B.A. in International Relations from
the University of Southern California, J.D. from St. Thomas University, and LL.M. in Real
Property Development Law from the University of Miami School of Law. Justin has been
a Miami Beach resident for over ten years.
OCEAN DRIVE OPPORTUNITIES
RULES,
REGULATIONS
& INCENTIVES
WHAT CAN WE DO TO HELP
STREAMLINE PROCESSES FOR NEW
AND EXPANDING BUSINESSES?
1. A point person should be assigned to create a packet
with all relevant forms and materials for streamlining new
business and expansions and to assist those needing aid in
the process.
WHAT CAN WE DO TO PREVENT
ALIENATING OUR CORE CLIENTELE?
2. Time restrictions do a disservice to the foundation of the
culture and environment that attracts Miami Beach’s core
clientele. Allowing those with a CUP to continue to operate
at the standard agreement will go a long way to
maintaining and growing business here. Additional police
enforcement and a zero tolerance policy should be put
into action to aid in managing unruly clientele that do harm
to the culture.
PALACE SOUTH BEACH# 7
OCEAN DRIVE OPPORTUNITIES PALACE SOUTH BEACH
GROWING A
KINGDOM
TAKES A
UNITED FRONT
HOW CAN WE GROW TOGETHER?
3. Miami Beach needs an active marketing team that’s proactive
in creating experiences and media that position the town and it’s
operators as a luxury nightlife resort destination. Their content
creation strategy should include regular opportunities for
operators to contribute high PPI self created and user generated
content of their spaces and offerings or provide direct coverage
from the agency on a regular basis. Additionally, regular monthly
meetings should be hosted with operators to help them improve
their independent content and strategy so we can collectively
work to reach and appeal to a larger audience. Regular
coordinated block initiatives should be included in this plan.
HOW CAN WE BUILD A COHESIVE
AESTHETIC?
4. Aesthetic is the impression of a sensory experience. Sound has
an aesthetic that’s both auditory and tactile. Spaces can have a
visual and a cerebral aesthetic. But how can we unite to create
the kind of aesthetic that not only offers our existing core
clientele what they want, but also offers attractions for new
demographics to pave the way for bigger and better things?
Restaurants on Ocean Drive should be allowed to have live
ambient music. Live performances are active, engaging, and
whimsical. They’re exactly the kind of experience that tourists
and families passing by want to engage in. This addition would
do nothing but add to the cultural ambiance and aesthetic of the
strip.
‘Miami Beach Botanical Garden comes alive with live latin
accoustics’
OCEAN DRIVE OPPORTUNITIES PALACE SOUTH BEACH
HOW CAN WE BUILD A COHESIVE
AESTHETIC?
5. The weekend vendor markets on the boardwalk have been
well received. We should expand this to experiences like ‘Art in
The Park’. Miami as a whole has positioned itself as an incubator
for visual and performing arts talent. We should build off of that
by offering complimentary temporary housing and a space to
debut outdoor artwork in exchange for artist’s in residence from
around the world creating and debuting their pieces here first.
We also believe creating interactive/competitive art experiences
would be a great draw for media and tourist attention. Cali,
Colombia produced a really great example of this. See to the
right.
OCEAN DRIVE OPPORTUNITIES PALACE SOUTH BEACH
‘The Coral Gables Umbrella Sky Project went up in early
July, making Giralda Avenue Miami’s newest tourist
attraction’
6. The city needs to create and stick to a comprehensive plan
for refacing the strip. Each new administration brings on new
restrictions and initiatives that work in opposition with the last
and cost businesses time, money, and curb appeal. Codes
need to be created, standardized, ands set based on this
vision. Code enforcement needs to be kept up to date
thoroughly. Coral Gables has successfully generated good
traffic and attracted fabulous new operators with the
completion of their refacing project.
Pilot program
Working with Freebee or another multi-passenger cart company, to assist visitors reach their final hotel/lodging destination on Ocean Drive.
This program would also integrate the same transport system for restaurants and other Ocean Drive attractions.
MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC# 193-2019
TO: Mayor Dan Gelber and Members of he City C
FROM: Jimmy L. Morales, City Manager
DATE: April 4, 2019
SUBJECT: Mayor's Panel on Ocean ive -Safety, Security and Infrastructure
Subcommittee Motions
The purpose of this Letter to Commission is to provide you with the motions made
during the April 3, 2019 subcommittee meeting.
Members in Attendance: Chair Jonathan Freidin, Commissioner Mark Samuelian, John
Deutzman, Frank Ferrara, Jeff Feldman, Jo Manning, Gerald Schwartz, Ricardo Dopico
Members Absent: Gregory Branch
MOTION: In order to send a message that bad behavior will not be tolerated we would
like to see a more aggressive enforcement of open container laws, marijuana laws, underage drinking, noise and quality of life issues, all year long.
Motion made by: Member Deutzman, amended by Commissioner Samuelian and
Member Manning Seconded by: Commissioner Samuelian
Motion passed 6-0, Member Ferrara abstaining
MOTION: Direct the administration to reflect on spring break and identify tools, policies
and resources that could be utilized on an ongoing basis and for future high impact
periods.
Motion made by: Commissioner Samuelian Seconded by: Member Feldman
Motion passed unanimously, Member Dopico absent
# 8
MOTION: Direct the administration to update the revenue and expenditure report for the
MXE and to identify opportunities to improve the financial picture.
Motion made by: Commissioner Samuelian Seconded by: Member Feldman
Motion passed unanimously, Member Dopico absent
MOTION: For the City Attorney's Office to explore the ability to extend the shutdown period for establishments that have been closed and/or have been issued a violation for
overcrowding.
Motion made by: Member Deutzman
Seconded by: Member Feldman
Motion passed unanimously, Member Dopico absent
MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC#188-2019
TO: Mayor Dan Gelber and Members of
DATE: April 2, 2019
SUBJECT: Mayor's Panel
Subcommittee Motions
LETTER TO COMMISSION
rive -Business and Culture Practices
The purpose of this Letter to Commission is to provide you with the motions made
during the March 29, 2019 subcommittee meeting.
Members in Attendance: Chair Jonathan Plutzik, David Castillo, Britta Hanson, Frank
Amadeo, Dawn McCall (via telephone)
Members Absent: Commissioner Ricky Arriola, Jen Roberts
MOTION: Recommending an offsite public meeting to discuss the city's brand and to
hire an outside facilitator to guide the meeting.
Motion made by: Member Amadeo
Seconded by: Member Hanson
Motion passed unanimously
MOTION: Recommending the identification of funding for above mentioned workshop.
Motion made by: Member Amadeo
Seconded by: Member Hanson
Motion passed unanimously
JM�AM
# 9
RESOLUTION NO) 2016-29590
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ADOPTING THE TEN POINT PLAN FOR OCEAN DRIVE.
WHEREAS, Ocean Drive is a unique, historic, and highly significant promenade lined with hotels, restaurants, and retail establishments, all of which serve tourists and
residents alike; and
WHEREAS, on May 12, 2015, Mayor Philip Levine created the Mayor's Ocean
Drive Task Force (the "Task Force"), the purpose of which was to study and make recommendations as to how to improve the experience for residents and visitors on Ocean Drive from 5th Street to 15th Street; and
WHEREAS, on March 9, 2016, the Mayor and City Commission discussed, modified, and approved the Final Report of the Task Force; and
WHEREAS, at the July 20, 2016 City Commission meeting, Commissioner Ricky Arriola was asked to work with Ocean Drive businesses and other stakeholders to negotiate a comprehensive proposal for improvements to Ocean Drive; and
WHEREAS, as a product of such dialogue, the City, Ocean Drive businesses, and other stakeholders developed the attached Ten Point Plan for Ocean Drive; and
WHEREAS, at its meeting on March 9, 2016, the Mayor and City Commission
discussed, modified, and adopted the Ten Point Plan for Ocean Drive.
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 adopt the Ten Point Plan for Ocean Drive, as amended by the City Commission on September 27th, 2016.
PASSED and ADOPTED this 27th day of September, 2016.
ATTEST:
APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION
�,�'�t· tJ�
# 10
September 2, 2016
TEN POINT PLAN FOR OCEAN DRIVE
Introduction
At the July 20th Commission meeting, Mayor Levine asked Commissioner Arriola to meet with Ocean Drive businesses and other stakeholders to negotiate a comprehensive proposal for changes to Ocean Drive that would reinvigorate and improve numerous aspects of this critically important and iconic street. Over the past several weeks, Commissioner Arriola has had many discussions with residents, neighborhood groups, business owners, the Police Chief, City Manager, City Attorney and other City Staff.1 Therefore, this work product is the result of careful deliberation with and collaboration among key stakeholders. The proposal contained in this document (the "Proposal") aims to balance the vision of City leaders with the interests of residents, private property owners and businesses in order to create a more welcoming and safer environment for residents and tourists visiting Ocean Drive. Ultimately, all parties desire to re-create the charm and glamour of Ocean Drive.
Many of the issues addressed here have, over the last 12 months, been the subject of extensive analysis by the Mayor's Ocean Drive Task Force. The Task Force received substantial public comment and testimony on these issues. This document incorporates many of those same Task Force recommendations, which previously were approved by the City Commission and referred to City Staff for implementation.
This Proposal takes aim at the major elements that must be addressed in a comprehensive plan -police/security; noise; safety; sanitation; aesthetics; code of conduct; allowable businessesand other related matters.
Recommendations
Commissioner Arriola also has had many meetings with Jonathan Plutzik, Chairman of the Ocean Drive Task Force. Further, the Commissioner met with Mike Palma, Executive Vice President of Brio Destinations, which owns The Clevelander Hotel; and Alexander Tachmes, Partner at Shutts & Bowen LLP and the Clevelander's counsel. In July of this year, the Clevelander had submitted a proposal to the Mayor and City Commission proposing changes to
Ocean Drive.
1
1.Immediate additional police, security and sanitation workers for Ocean Drive
A.Patrolling public areas. In its FY 2016/17 budget, the City allocated funds for anadditional 12 new officers dedicated solely to the City's Mixed Use EntertainmentDistrict ("MXE"), which includes Ocean Drive from 5th to 15th Streets and CollinsAvenue from 5th to 16th Streets. Due to training and other hiring protocols, some ofthese 12 new officers are expected to begin patrolling in early 2017 with theremainder commencing in the summer of 2017. Although the presence of theseadditional 12 officers will definitely provide safety benefits for the area, as indicatedabove, the officers will not be dedicated solely to Ocean Drive (5 officers will bededicated to Ocean Drive) and it will be some time before the officers commencework.
Many believe that the need to improve the safety of Ocean Drive is one of the most urgent issues facing the street. Due to the immediate need for additional security dedicated exclusively to Ocean Drive, between now and the date that additional police officers are physically present on Ocean Drive, the City and/or Ocean Drive businesses will pay a private security company to have 2 security guards stationed on every other block of Ocean Drive between 5th and 15th Streets, 7 days per week (with the number of hours per day to be determined). The issue of who will pay for the additional security and/or what percentages of the overall cost will be paid by which party will be discussed between the City and Ocean Drive property owners. Once the additional police officers begin patrolling in the summer of 2017, the City and Ocean Drive businesses will re-evaluate whether to decrease or maintain the private security presence.
B.Police and Park Rangers. At the discretion of the Commission and Police Chief,Miami Beach police officers and park rangers may be shifted from other areas toOcean Drive. Off-duty Miami Beach police officers and off-duty police officers fromneighboring municipalities may be contracted to patrol Ocean Drive (although findingsufficient officers who want to perform this off-duty work remains a major challenge).Off-duty officers will not be allowed to be assigned to specific bars or restaurants. Tothe extent that Miami Beach Police, off-duty police and Park Rangers can beallocated to Ocean Drive, the need for private security will decrease.
C.Open Containers. Police officers will continue to enforce open container laws andconduct undercover operations to identify those businesses that allow patrons toleave their establishments with open containers. Additional enforcement and selfregulation of open container laws also will be responsibilities of Ocean Drivebusinesses as stated in this Proposal.
D.Security to Patrol Private Property. All bars and restaurants on Ocean Drive shall berequired to hire private security. Private security guards will be required to receiveprofessional training for their work at that particular business. Businesses whoseprivate security personnel do not comply with security standards specified by the CityCode shall be subject to fines and other penalties.
E.Sanitation. Another key and widespread concern regarding Ocean Drive is thecleanliness of the street. The City will allocate additional sanitation personneldedicated exclusively to Ocean Drive. As with the additional police officersreferenced above, if delay is expected in allocating additional City sanitation workers
2
due to City hiring processes or other matters, then the City and/or Ocean Drive businesses will hire a private sanitation company so that such additional services can start immediately. Once the additional City workers have been allocated to the street, the City and Ocean Drive businesses will re-evaluate whether to decrease or
maintain the private sanitation presence. The issue of who will pay for the additional sanitation and/or what percentages of the overall cost will be paid by which party will
be discussed between the City and Ocean Drive property owners.
F.Alley Lighting. It is well-known that there is a greater incidence of criminal behavior
in dark, unlit public areas. In order to reduce crime, each Ocean Drive property
owner will be required to install lights facing and illuminating the Ocean Court alleybehind its property and to install lights on the sides of its property to the extent the
side of the property does not front a street. The costs of such lighting may bereimbursed if a Business Improvement District is formed.
THE NEED FOR ADDITIONAL POLICE IS SUPPORTED BY OCEAN DRIVE TASK FORCE AND THE CONCEPT OF ADDITIONAL POLICE FOR OCEAN DRIVE WAS
ALREADY APPROVED BY CITY COMMISSION
2.Business Improvement District ("BID'')
Several items in this Ocean Drive proposal contemplate the expenditure of funds. For example, the hiring of private security will have a cost. Because it is unlikely that the City
Commission will agree to fund 100% of all the cost items in this proposal, the City needs to
create a mechanism for contribution by property owners of a portion of the costs. In that regard, the City Commission will authorize the formation of a BID for Ocean Drive and direct
the City Administration and City Attorney's office to commence the formation process. Key
goals of the BID will be to contribute to the costs of the following items: off-duty police or private security officers to be dedicated. only to the area of 5th to 15th Streets on Ocean
Drive; the salary of a BID Executive Director who will oversee BID day-to-day operations
and ensure compliance by businesses with the City Code; hiring additional sanitation personnel exclusively for Ocean Drive; and implementing coordinated marketing for Ocean
Drive. Ocean Drive businesses will maintain the cleanliness of their cafe areas, the
sidewalks adjacent to cafe areas and their valet stands and curb areas, during hours of operation.
Whether a BID is ultimately formed will be up to the Ocean Drive property owners. A BID
requires a 51 % affirmative vote of the property owners whose properties are located within the BID boundaries. Moreover, if a BID is formed, the members of the BID will be
responsible for establishing an annual budget, which will be paid, at least in part, by property owners.
If a BID is formed, an Executive Director will be appointed to ensure that all Ocean Drive
businesses are operating consistent with City Code and the BID mission statement and
other relevant guidelines. This Executive Director will be in constant communication with the
City and the BID board of directors, consisting of Ocean Drive businesses. The Executive Director will be the main point of contact between Ocean Drive businesses and the
City. The above protocol, which is consistent with other BIDs, will provide very important
"self-policing" benefits and other great improvements to Ocean Drive.
3
The process to form a BID is estimated to take at least 9 months. Therefore, to address the window of time between now and the date of BID formation, the Ocean Drive Association
and its members have agreed to hire (at their sole cost) an Interim Street Manager who will be in charge of ensuring that businesses comply with new Code provisions and otherwise
take all appropriate steps to enhance existing operations. The Interim Street Manager will report to the Ocean Drive Association board and interface regularly with Miami Beach
Police, Code Enforcement and City leadership. If a BID is formed, this position can be
converted to the BID Executive Director. However, it is important that a manager be appointed now to drive change and compliance on the street.
SUPPORTED BY OCEAN DRIVE TASK FORCE AND ALREADY APPROVED BY CITY
COMMISSION
3.Umbrellas, Furniture and Fixtures
The Ocean Drive Task Force voted in favor of moving furniture to the west part of the
sidewalk in order to provide a clear pedestrian pathway and remove the "gauntlet" or
"tunnel" effect that currently exists on the street.
The Historic Preservation Board ("HPB") recommended at its August meeting that furniture
be moved to the west part of the sidewalk and certain trees be relocated to enhance the
visibility of the beautiful, historic facades of the hotels on Ocean Drive. However, the HPB acknowledged that moving furniture to the west would not be feasible for certain properties
due to the layout of the particular property and related factors. In those cases where it is not
feasible, the HPB determined that furniture would not need to be moved to the west as long an alternate plan for that area of the sidewalk is approved by the Planning Department and
a clear 5 foot path for pedestrians is maintained.
A New Guidelines. All umbrellas, furniture and fixtures on the Ocean Drive sidewalk
must adhere to the Umbrella, Furniture and Fixtures Design Guidelines approved by
Resolution of the HPB at its meeting of August 9, 2016, as supplemented or amended by this Proposal (collectively, the "Design Guidelines"). (At its meeting, the
HPB reviewed the Planning Department Design Guidelines and approved those
guidelines with changes.) Within seven (7) days of the Commission's approval of this Proposal, the Planning Department will draft the final Design Guidelines
consisting of the HPB Resolution, as supplemented or amended by this Proposal. To the extent some of the Design Guidelines conflict with existing City Code, the
Planning Department will recommend appropriate Code amendments for adoption and implementation.
MANY OF THE PLANNING DEPARTMENT GUIDELINES WERE ALREADY SUPPORTED BY OCEAN DRIVE TASK FORCE AND APPROVED BY CITY COMMISSION
B.Table and Chairs Footprint. Except as provided below, all sidewalk cafe tables must
be moved to the west part of the sidewalk, abutting each respective hotel. There
must be at least an unobstructed 5 foot path for pedestrians between the eastern
edge of the sidewalk and the tables/chairs. To the extent that moving furniture to the
west would not be feasible due to the layout of a particular property or relatedfactors, furniture does not need to be moved to the west as long an alternate plan for
4
that area of the sidewalk is approved by the Planning Department and a clear 5 foot path for pedestrians is maintained.
ACTION ITEM: Each sidewalk cafe business will have 30 days to implement after the Commission approves by resolution. Each sidewalk cafe business will submit to
the Planning Department a modification to its sidewalk cafe permit containing a plan that shows the new footprint that will be allowed for such cafes' tables and chairs.
Any sidewalk cafe business whose modified plan has not been approved by the
Planning Department (and/or any such business not complying with the modified
plan) within 30 days of the Commission resolution will have its sidewalk cafe permit revoked until compliance is achieved unless the date is extended by the City
Manager for good cause shown.
C.Trees. The City shall relocate certain trees in order to provide for an unimpeded 5
foot pedestrian walkway clearance and to improve the visibility of the historic,
architecturally significant building facades. In those cases where trees are relocated,the City will fill with concrete the area where the tree formerly stood in order to match
the existing sidewalk plan.
D.Width of Umbrellas and Awnings. The maximum width of umbrellas and awnings on
the sidewalk shall be the width of the west sidewalk minus 7 feet for an unobstructedpedestrian path.
E.Height of Umbrellas and Awnings. The maximum height of umbrellas and awningson the sidewalk shall be 9 feet. It is important to ensure that umbrellas and awnings
are not so tall that they obstruct the stunning, historic facades of our Art Deco hotels.
The minimum height of umbrellas and awnings shall remain at 6 feet, 8 inches.
F.Width of Tables. The maximum width of tables shall be the width of the west
sidewalk minus 7 feet. There will be no limit on the tables' length (although obviouslythe tables can be located only in the area directly east of the applicable upland hotel
or property).
G.Securing Umbrellas into the Sidewalk. Sidewalk cafe umbrellas will be allowed to be
bolted into the sidewalk in order to address safety, sanitation and space concerns.First, due to the heavy wind gusts that come off the ocean, there is a concern thatumbrellas could become projectiles and cause damage to persons and property.Therefore, the ability to secure umbrellas into the sidewalk is important from a public
safety standpoint. Second, having umbrella bases held down by bricks and weightscreates sanitation and insect problems. And third, bolting umbrellas is the most
space efficient approach to securing the umbrellas. Space efficiency is significant
especially because sidewalk expansion is not contemplated by this proposal.
H.Lighting. Strong illumination at sidewalk cafes in the evening is preferred and does
not need to be limited to battery operated votive candles.· Illumination is needed from
a practical standpoint so patrons can read their menus and see their food and
beverages. Meaningful sidewalk and street illumination is also helpful in promotingcrime reduction as it facilitates better police observation of all public areas. Proper
illumination creates a safe environment for both consumers who are walking on
Ocean Drive and employees who work there.
5
I.Umbrella Zippers. Umbrellas will be able to be zipped together with gutters providedthat no more than three (3) umbrellas can be zipped together. Because rain rarely
falls perpendicular to the street, diners are likely to get wet if there is space between
umbrellas. The ability to fasten umbrellas together is important to protect diners fromrain and can be done in an inconspicuous manner.
J.Roll-Down Tarp. Umbrellas will be allowed to have roll-down transparent tarp to berolled down only during rain or wind events.
ACTION ITEM: Sidewalk cafe permits are subject to renewal by October 1 of each year.
According to City Code Section 82-385(b), the City Manager has discretion to allow sidewalk cafes to deviate temporarily from sidewalk cafe Code provisions and regulations. Such temporary deviation will be allowed from the period of October 1 until
the dates referenced below.
Each sidewalk cafe business will have 90 days from the date of the Commission
resolution to adhere to the new Design Guidelines, including purchasing new umbrellas/furniture/fixtures as necessary. The renewal date of sidewalk cafe permits for
2016-17 will be the 90 day date referenced above. Any business not in compliance by
this renewal date will have to cease operating its sidewalk cafe business until its permit
is approved unless the date extended by the City Manager for good cause shown. Per Commissioner Aleman's comment, each sidewalk cafe business will have to submit
written documentation to the Planning Department within 30 days of the Commission
resolution showing proof that the business has placed its order with an umbrella company for new umbrellas.
K.Awnings. Retractable awnings will be allowed in place of umbrellas as long as the
awnings are consistent with Planning Department guidelines for awnings on OceanDrive.
ACTION ITEM: Planning Department to come up with awning standards within 30 days
of Commission resolution.
L.Street Lighting. The City should install uniform lighting for the full length of OceanDrive from 5th to 15th Streets.
SUPPORTED BY OCEAN DRIVE TASK FORCE AND ALREADY APPROVED BY
CITY COMMISSION
4.Prohibition on Formula Restaurants and Retail and Other Limits on Retail (Note: Theactual language of the ordinance is being dratted by the City's legal department. Theordinance is being modeled atter similar successful ordinances from otherjurisdictions across the country. Those other jurisdictions have sought to avoid aninflux of "chain" establishments that decrease the uniqueness of historic districtssuch as Ocean Drive. )
A."Chain" Retail. "Chain" restaurants and other retail establishments will be prohibited
on Ocean Drive. Any "chain" restaurant or retail establishment having a valid
business tax receipt as of the date that "zoning in progress" commences will be
"grandfathered" and deemed legally nonconforming. In order to try to prevent "chain"businesses from rushing to get licenses before this new legislation gets adopted, the
6
City Commission should declare "zoning in progress" at the earliest possible date. This action would have the practical impact of preventing the issuance of any new
licenses while the legislative process takes its course. The category of "chain" retail will be further defined by Planning staff.
B.Size of Retail. The original vision for Ocean Drive in the 1980's was an American
Riviera of boutique, Art Deco hotels with charming sidewalk cafes. This original
vision never contemplated the transformation of Ocean Drive into a retail destinationfor souvenirs and T-shirts. In order to maintain this original vision, the Code today
limits the size of retail establishments on Ocean Drive. However, based on the
current situation, further tightening of the size and characteristics of retailestablishments is needed.
Currently, the Code provides that hotels may have accessory retail, limited to 75 sq.
ft. per hotel unit and apartment buildings may have accessory retail limited to 25% of the floor area of the subterranean or ground floor. For example, if a hotel has 30
rooms, then the hotel can have retail space up to 2,250 square feet, which is quite
large. An apartment building with a 10,000 square foot first floor could have retail up to 2,500 square feet. Again, the number is not small. Further, under the current
Code, businesses can apply for variances to exceed these maximum sizes.
Going forward, the Planning Department will propose further limitations on the size of
retail on Ocean Drive. Variances to exceed the maximum size will be prohibited.
Any retail store that has a business tax receipt as of the date of zoning in progress
will be grandfathered (legally nonconforming) regarding the legislation encompassed in this Section 4(8).
C.Certain Stores. Liquor stores, tattoo shops, pawn shops and check cashing storeswill be prohibited for those properties fronting on Ocean Drive or one of the streetsperpendicular to Ocean Drive west to Collins Avenue. (The Planning Board recently
voted to recommend in favor of legislation prohibiting package liquor sales in MXE.)
These kinds of retail establishments chase away more desirable and upscalerestaurants and other retailers and ultimately lead to blight along city streets and
neighborhoods.
D.Food Displays. Real and artificial food and beverage displays, including but not
limited to "ghost drinks" placed on tables to attract attention of patrons, will beprohibited on public property and will be prohibited on private property to the extentsuch displays are visible from a public sidewalk or street.
SUPPORTED BY OCEAN DRIVE TASK FORCE AND ALREADY APPROVED BY CITY COMMISSION
E."Bait and Switch." There is a major concern that some food and beveragebusinesses on Ocean Drive are not being transparent with their customers on what
they are being charged and, as a result, proper disclosures are not being made.
This lack of transparency and disclosure has led to many negative comments about
Ocean Drive on travel websites. Therefore, it is essential that we address this issue
and prevent "bait and switch" problems.
7
All food and beverages and their prices must be listed in a conspicuous manner on
the menu for the establishment. To the extent that the establishment is adding an automatic gratuity or service charge to the bill, the gratuity/service charge must be
noted in a conspicuous manner on the menu, the bill and the credit card charge slip.
Moreover, if an automatic gratuity/service charge is being added, patrons also must be notified verbally by restaurant staff prior to or simultaneously with the provision of
the bill.
F.Hospitality Training. Ocean Drive cafe employees will be required to undergo third
party hospitality training within thirty (30) days of commencing work at any sidewalkcafe venue on Ocean Drive and to undergo refresher third party training annually.The company or person providing the training must be approved by the Ocean
Drive Association. Proof of such training must be presented to the City as acondition of the business obtaining and/or retaining its sidewalk cafe license.
THIS CONCEPT IS SUPPORTED BY OCEAN DRIVE TASK FORCE AND ALREADY APPROVED IN CONCEPT BY CITY COMMISSION
G.Adult Entertainment. Food and beverage venues shall not be permitted to have, aspart of their business, pole dancing, adult entertainment or nude dancing, as defined
in Section 142-1271 of the City Code.
5."Hawking" by Bar and Restaurant Personnel Prohibited
"Hawking" or aggressive solicitation by bar and restaurant personnel on Ocean Drivesidewalks is a serious problem and is frequently cited by tourists and locals alike as causing
an unpleasant and unwelcoming atmosphere on Ocean Drive. "Hawking" brings bad
publicity to Ocean Drive in the form of negative tourist reviews on travel websites and inother ways.
The City Code currently prohibits solicitation on Ocean Drive sidewalks. However, thesolicitation problem has not been solved and is acute at this point. To address this issue,
the penalties for solicitation will increase substantially.
Current First Offense Fine: $50; New Fine Amount: $1,000Current Second Offense Fine: $100; New Fine Amount: $2,000
Current Third and Subsequent Fine: $250; New Fine Amount: $5,000
For each offense, both the actual person doing the solicitation and the applicable business
will be fined.
6.Street Vendors and Promoters Prohibited
Street vendors and promoters detract from the visitor experience -they clog the sidewalks,
harass tourists, deal drugs, litter the streets and block entrances to businesses.
Accordingly, they should be banned from Ocean Drive.
A.Prohibition. On the Ocean Drive sidewalk, it will be illegal for any person (a) to offer toanother person the sale of a product or service or a free sample of such product orservice or (b) to give or offer, whether for free or not, to another person a flyer, ticket,
8
wristband, candy bar, magnet, cosmetics product or any other product or type of communication, relating to a for-profit business.
B.Fines. The fines for violating the above provisions will be the same as the new
solicitation fine schedule in item 5 above regarding "hawking."
C.Enforcement. The Ocean Drive Interim Street Manager and future BID Executive
Director will serve to monitor these issues and report violations to Code Compliance for
swift enforcement.
7.Music or other noise being produced by golf carts or other open-air commercial
vehicles shall be prohibited.
SUPPORTED BY OCEAN DRIVE TASK FORCE AND ALREADY APPROVED BY CITY
COMMISSION
8.Music Heard on Sidewalks and Lummus Park
There is a need to thoughtfully mitigate the volume of music projected on Ocean Drivesidewalks so that the pedestrian experience is enhanced.
A.Food and beverage establishments. Food and beverage establishments on Ocean Drive
will be prohibited from having east facing speakers within 20 feet of the property's eastboundary, unless music is being played at ambient levels.
B.Retail stores. A substantial number of storefronts have speakers bolted to the outside of
their premises and music is blasting day and night. This music substantially increases the
amount of noise and the "party atmosphere" along Ocean Drive. There is no reason for T
shirt and other clothing stores, souvenir shops, liquor stores and similar establishments tohave music playing like they are nightclubs. Therefore, this Proposal recommends
elimination of all such outside speakers and a prohibition on any music from such
establishments being able to be heard outside their premises.
C.Other legislation. In view of the above recommendations regarding east traveling music,
the agenda items discussed during the July, 2016 Commission meeting regarding the sametopic will be withdrawn.
9.Lummus Park should be activated with art/sculpture installations and culturalprogramming. The area between the serpentine walkway and the beach west of thedunes should be activated with additional recreational amenities. In order tominimize food consumption in Lummus Park, urban appropriate picnic tables shouldbe considered for this same underutilized area between the serpentine walkway and
the dunes. The City's Department of Tourism and Cultural Affairs should be
responsible to create a regular schedule of cultural programming and recreational
activities for these areas.
SUPPORTED BY OCEAN DRIVE TASK FORCE AND ALREADY APPROVED BY CITY
COMMISSION
9
10.No person or business is allowed to sell, buy, dispense, use or otherwise possess
marijuana in Miami Beach. This Proposal underscores this point for the area ofOcean Drive. No person or business will be allowed to sell, buy, dispense, use or
otherwise possess marijuana on Ocean Drive, including but not limited to on the
sidewalks, street, Lummus Park, Ocean Court alley or other public areas in the
vicinity of Ocean Drive, or in any private property fronting Ocean Drive or a streetperpendicular to Ocean Drive west to Collins Avenue. With regard to medical
marijuana, if that becomes legal in Miami Beach, medical marijuana dispensaries willbe banned in properties fronting Ocean Drive as well as any properties that front a
street perpendicular to Ocean Drive west to Collins Avenue.
Subject to the vote of the City Commission, the City Commission will revoke the 2am straw ballot question that is presently on the November 2016 election ballot.
10
Granado, Rafael
From: Chiroles, Erick
Sent:
To:
Tuesday, February 21, 2017 8:40 AM
Granado, Rafael
Subject: Updated 10 Point Plan
Attachments: Updated 10 Point Plan for Ocean Drive.docx
Erick Chiroles, Aide to Commissioner Arriola Office of the Mayor and Commission
1700 Convention Center Drive, 4th Floor, Miami Beach, FL 33139 Tel: 305-673-7000 x6274
www.miamibeachfl.gov
We are committed to providing excellent public seNice and safety to all who live, work and play in our vibrant, tropical, historic community
1
New Business and Commission Requests -R9 B
COMMISSION MEMORANDUM
TO:
FROM:
Honorable Mayor and Members of the City Commission
Commissioner Ricky Arriola
DATE: September 27, 2016
SUBJECT: DISCUSS AND CONSIDER FOR ADOP TION THE 10 POINT PROPOSAL FOR
OCEAN DRIVE.
RECOMMENDATION
Discuss and consider for adoption the 1 O Point Proposal for Ocean Drive that was negotiated by Commissioner Ricky Arriola, several Ocean Drive hotel and restaurant owners and their legal
counsel.
ANALYSIS
Background:
Commissioner Ricky Arriola was asked at the July 20, 2016 City Commission meeting to work
with the Ocean Drive businesses and other stakeholders to negotiate a comprehensive
proposal for improvements to Ocean Drive.
Proposal:
Attached please find a 10 Point Proposal that recommends several significant measures that
the City and the Ocean Drive businesses should consider adopting. As the Proposal states, it
was prepared by myself as well as several Ocean Drive hotel and restaurant owners and their
legal counsel. I also worked and consulted with our City staff including -our Police, Code
Enforcement, Planning, Legal and City Manager Departments. We also took into account the
past recommendations of the Ocean Drive Task Force and recent recommendations from the
City's Historic Preservation Board.
A highlight of some of the major proposals the team is recommending include -(1) removal of
the "gauntlet" along Ocean Drive; (2) significant reduction in music and loud noise; (3) increased
safety measures, including the installation of lights along the alleys on Ocean Court; (4)
restricting/prohibiting certain types of businesses on Ocean Drive and the MXE District; (5)
increased Police and security presence; and (6) the creation of an Ocean Drive BID (Business
Improvement District), among other measures. The attached Proposal has more details.
Our team spent hundreds of hours over the past 7 weeks working on this Proposal. We are
eager to disseminate this to my colleagues on the Commission and to City residents for their
consideration. It is our hope that the Proposal will be discussed and considered for adoption by
the City Commission at our next meeting on September 14th.
Page 656 of 825
Legislative Tracking
Commissioner Ricky Arriola
ATTACHMENTS:
Description
CJ 1 O Point Proposal for Ocean Drive
Page 657 of 825
September 2, 2016
TEN POINT PLAN FOR OCEAN DRIVE
Introduction
At the July 20th Commission meeting, Mayor Levine asked Commissioner Arriola to meet with Ocean Drive businesses and other stakeholders to negotiate a comprehensive proposal for changes to Ocean Drive that would reinvigorate and improve numerous aspects of this critically important and iconic street. Over the past several weeks, Commissioner Arriola has had many
discussions with residents, neighborhood groups, business owners, the Police Chief, City Manager, City Attorney and other City Staff. 1 Therefore, this work product is the result ofcareful deliberation with and collaboration among key stakeholders. The proposal contained in this document (the "Proposal") aims to balance the vision of City leaders with the interests of
residents, private property owners and businesses in order to create a more welcoming and safer environment for residents and tourists visiting Ocean Drive. Ultimately, all parties desire to recreate the charm and glamour of Ocean Drive.
Many of the issues addressed here have, over the last 12 months, been the subject of extensive
analysis by the Mayor's Ocean Drive Task Force. The Task Force received substantial public comment and testimony on these issues. This document incorporates many of those same Task Force recommendations, which previously were approved by the City Commission and referred to City Staff for implementation.
This Proposal takes aim at the major elements that must be addressed in a comprehensive plan -police/security; noise; safety; sanitation; aesthetics; code of conduct; allowable businesses and other related matters.
1 Commissioner Arriola also has had many meetings with Jonathan Plutzik, Chairman of the Ocean Drive Task Force. Further, the Commissioner met with Mike Palma,'-Executive Vice President of Brio Destinations, which owns The Cle,velander Hotel; and Alexander Tachmes, Partner at Shutts & Bowen LLP and the Clevelander's counsel. In July of this year, the Clevelander had submitted a proposal to the Mayor and City Commission proposing changes to Ocean Drive.
Page 658 of 825
Recommendations
1.Immediate additional police, security and sanitation workers for Ocean Drive
A.Patrolling public areas. In its FY 20 I 6/17 budget, the City allocated funds for anadditional 12 new officers dedicated solely to the City's Mixed Use Entertainment
District ("MXE"), which includes Ocean Drive from 5th to 15th Streets and Collins
A venue from 5th to 16th Streets. Due to training and other hiring protocols, some ofthese 12 new officers are expected to begin patrolling in early 2017 with theremainder commencing in the summer of 2017. Although the presence of theseadditional 12 officers will definitely provide safety benefits for the area, as indicatedabove, the officers will not be dedicated solely to Ocean Drive (5 officers will be
dedicated to Ocean Drive) and it will be some time before the officers commence
work.
Many believe that the need to improve the safety of Ocean Drive is one of the most
urgent issues facing the street. Due to the immediate need for additional security dedicated exclusively to Ocean Drive, between now and the. date that additional police officers are physically present on Ocean Drive, the City and/or Ocean Drive businesses will pay a private security company to have 2 security guards stationed on every other block of Ocean Drive between 5th and 15th Streets, 7 days per week (with
the number of hours per day to be determined). The issue of who will pay for the additional security and/or what percentages of the overall cost will be paid by which party will be discussed between the City and Ocean Drive property owners. Once the
additional police officers begin patrolling in the summer of 2017, the City and Ocean Drive businesses will re-evaluate whether to decrease or maintain the private security presence.
B.Police and Park Rangers. At the discretion of the Commission and Police Chief,
Miami Beach police officers and park rangers may be shifted from other areas toOcean Drive. Off-duty Miami Beach police officers and off-duty police officers fromneighboring municipalities may be contracted to patrol Ocean Drive (although findingsufficient officers who want to perform this off-duty work remains a majorchallenge). Off-duty officers will not be allowed to be assigned to specific bars orrestaurants. To the extent that Miami Beach Police, off-duty police and Park Rangerscan be allocated to Ocean Drive, the need for private security will decrease.
C.Open Containers. Police officers will continue to enforce open container laws and
conduct undercover operations to identify those businesses that allow patrons to leavetheir establishments with open containers. Additional enforcement and selfregulation of open container laws also will be responsibilities of Ocean Drive
businesses as stated in this Proposal.
D.Security to Patrol Private Property. All bars and restaurants on Ocean Drive shall berequired to hire private security. Private security guards will be required to receive
2
Page 659 of 825
professional training for their work at that particular business. Businesses whose private security personnel do not comply with security standards specified by the City Code shall be subject to fines and other penalties.
E.Sanitation. Another key and widespread concern regarding Ocean Drive is thecleanliness of the street. The City will allocate additional sanitation personnel
dedicated exclusively to Ocean Drive. As with the additional police officersreferenced above, if delay is expected in allocating additional City sanitation workersdue to City hiring processes or other matters, then the City and/or Ocean Drivebusinesses will hire a private sanitation company so that such additional services can
start immediately. Once the additional City workers have been allocated to the street,the City and Ocean Drive businesses will re-evaluate whether to decrease or maintainthe private sanitation presence. The issue of who will pay for the additionalsanitation and/or what percentages of the overall cost will be paid by which party will
be discussed between the City and Ocean Drive property owners.
F.Alley Lighting. It is well-known that there is a greater incidence of criminal behaviorin dark, unlit public areas. In order to reduce crime, each Ocean Drive property
owner will be required to install lights facing and illuminating the Ocean Court alleybehind its property and to install lights on the sides of its property to the extent theside of the property does not front a street. The costs of such lighting may bereimbursed if a Business Improvement District is fonned.
THE NEED FOR ADDITIONAL POLICE IS SUPPORTED BY OCEAN DRIVE TASK FORCE AND THE CONCEPT OF ADDITIONAL POLICE FOR OCEAN DRIVE WAS ALREADY APPROVED BY CITY COMMISSION
2.Business Improvement District ("BID")
Several items in this Ocean Drive proposal contemplate the expenditure of funds. For
example, the hiring of private security will have a cost. Because it is unlikely that the City Commission will agree to fund 100% of all the cost items in this proposal, the City needs to create a mechanism for contribution by property owners of a portion of the costs. In that
regard, the City Commission will authorize the formation of a BID for Ocean Drive and
direct the City Administration and City Attorney's office to commence the formation process. Key goals of the BID will be to contribute to the costs of the following items: off
duty police or private security officers to be dedicated only to the area of 5th to I 5th Streets on
Ocean Drive; the salary of a BID Executive Director who will oversee BID day-to-day operations and ensure compliance by businesses with the City Code; hiring additional sanitation personnel exclusively for Ocean Drive; and implementing coordinated marketing for Ocean Drive. Ocean Drive businesses will maintain the cleanliness of their cafe areas,
the sidewalks adjacent to cafe areas and their valet stands and curb areas, during hours of operation.
Whether a BID is ultimately formed will be up to the Ocean Drive property owners. A BID requires a 51 % affirmative vote of the property owners whose properties are located within 3
Page 660 of 825
the BID boundaries. Moreover, if a BID is formed, the members of the BID will be responsible for establishing an annual budget, which will be paid, at least in part, by property owners.
If a BID is formed, an Executive Director will be appointed to ensure that all Ocean Drive businesses are operating consistent with City Code and the BID mission statement and other relevant guidelines. This Executive Director will be in constant communication with the City
and the BID board of directors, consisting of Ocean Drive businesses. The Executive Director will be the main point of contact between Ocean Drive businesses and the City. The above protocol, which is consistent with other BIDs, will provide very important "selfpolicing" benefits and other great improvements to Ocean Drive.
The process to form a BID is estimated to take at least 9 months. Therefore, to address the window of time between now and the date of BID formation, the Ocean Drive Association and its members have agreed to hire (at their sole cost) an Interim Street Manager who will be in charge of ensuring that businesses comply with new Code provisions and otherwise
take all appropriate steps to enhance existing operations. The Interim Street Manager will report to the Ocean Drive Association board and interface regularly with Miami Beach Police, Code Enforcement and City leadership. If a BID is formed, this position can be converted to the BID Executive Director. However, it is important that a manager be
appointed now to drive change and compliance on the street.
SUPPORTED BY OCEAN DRIVE TASK FORCE AND ALREADY APPROVED BY CITY COMMISSION
3.Umbrellas, Furniture and Fixtures
The Ocean Drive Task Force voted in favor of moving furniture to the west part of the
sidewalk in order to provide a clear pedestrian pathway and remove the "gauntlet" or "tunnel" effect that currently exists on the street.
The Historic Preservation Board ("HPB") recommended at its August meeting that furniture
be moved to the west part of the sidewalk and certain trees be relocated to enhance the visibility of the beautiful, historic facades of the hotels on Ocean Drive. However, the HPB acknowledged that moving furniture to the west would not be feasible for certain properties due to the layout of the particular property and related factors. In those cases where it is not feasible, the HPB determined that furniture would not need to be moved to the west as long an alternate plan for that area of the sidewalk is approved by the Planning Department and a clear 5 foot path for pedestrians is maintained.
A.New Guidelines. All umbrellas, furniture and fixtures on the Ocean Drive sidewalk
must adhere to the Umbrella, Furniture and Fixtures Design Guidelines approved by
Resolution of the HPB at its meeting of August 9, 2016, as supplemented or amended
by this Proposal (collectively, the "Design Guidelines"). (At its meeting, the HPBreviewed the Planning Department Design Guidelines and approved those guidelines
with changes.) Within seven (7) days of the Commission's approval of this Proposal,
4
Page 661 of 825
the Planning Department will draft the final Design Guidelines consisting of the HPB Resolution, as supplemented or amended by this Proposal. To the extent some of the Design Guidelines conflict with existing City Code, the Planning Department will
recommend appropriate Code amendments for adoption and implementation.
MANY OF THE PLANNING DEPARTMENT GUIDELINES WERE ALREADY SUPPORTED BY OCEAN DRIVE TASK FORCE AND APPROVED BY CITY COMMISSION
B.Table and Chairs Footprint. Except as provided below, all sidewalk cafe tables mustbe moved to the west part of the sidewalk, abutting each respective hotel. There mustbe at least an unobstrncted 5 foot path for pedestrians between the eastern edge of the
sidewalk and the tables/chairs. To the extent that moving furniture to the west wouldnot be feasible due to the layout of a particular property or related factors, furnituredoes not need to be moved to the west as long an alternate plan for that area of thesidewalk is approved by the Planning Department and a clear 5 foot path for
pedestrians is maintained.
ACTION ITEM: Each sidewalk cafe business will have 30 days to implement after
the Commission approves by resolution. Each sidewalk cafe business will submit tothe Planning Department a modification to its sidewalk cafe permit containing a planthat shows the new footprint that will be allowed for such cafes' tables and chairs.Any sidewalk cafe business whose modified plan has not been approved by the
Planning Department (and/or any such business not complying with the modifiedplan) within 30 days of the Commission resolution will have its sidewalk cafe permitrevoked until compliance is achieved unless the date is extended by the City Manager
for good cause shown.
C.Trees. The City shall relocate certain trees in order to provide for an unimpeded 5foot pedestrian walkway clearance and to improve the visibility of the historic,
architecturally significant building facades. In those cases where trees are relocated,the City will fill with concrete the area where the tree fom1erly stood in order tomatch the existing sidewalk plan.
D.Width of Umbrellas and Awnings. The maximum width of umbrellas and awnings onthe sidewalk shall be the width of the west sidewalk minus 5 feet for an unobstrnctedpedestrian path.
E.Height of Umbrellas and Awnings. The maximum height of umbrellas and awningson the sidewalk shall be 9 feet. It is important to ensure that umbrellas and awnings
are not so tall that they obstmct the stunning, historic facades of our Art Deco hotels.The minimum height of umbrellas and awnings shall remain at 6 feet, 8 inches.
F.Width of Tables. The maximum width of tables shall be the width of the west
sidewalk minus 7 feet. There will be no limit on the tables' length (although
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obviously the tables can be located only in the area directly east of the applicable upland hotel or property). G.Securing Umbrellas into the Sidewalk. Sidewalk cafe umbrellas will be allowed to bebolted into the sidewalk in order to address safety, sanitation and space concerns.First, due to the heavy wind gusts that come off the ocean, there is a concern thatumbrellas could become projectiles and cause damage to persons and property.Therefore, the ability to secure umbrellas into the sidewalk is important from a publicsafety standpoint. Second, having umbrella bases held down by bricks and weightscreates sanitation and insect problems. And third, bolting umbrellas is the most spaceefficient approach to securing the umbrellas. Space efficiency is significantespecially because sidewalk expansion is not contemplated by this proposal.H.Lighting. Strong illumination at sidewalk cafes in the evening is preferred and doesnot need to be limited to battery operated votive candles. lllumination is needed froma practical standpoint so patrons can read their menus and see their food andbeverages. Meaningful sidewalk and street illumination is also helpful in promotingcrime reduction as it facilitates better police observation of all public areas. Properillumination creates a safe environment for both consumers who are walking onOcean Drive and employees who work there.I.Umbrella Zippers. Umbrellas will be able to be zipped together with gutters providedthat no more than three (3) umbrellas can be zipped together. Because rain rarelyfalls perpendicular to the street, diners are likely to get wet if there is space betweenumbrellas. The ability to fasten umbrellas together is important to protect diners fromrain and can be done in an inconspicuous manner.J.Roll-Down Tarp. Umbrellas will be allowed to have roll-down transparent tarp to berolled down only during rain or wind events.
ACTION ITEM: Sidewalk cafe permits are subject to renewal by October 1 of each year. According to City Code Section 82-385(b), the City Manager has discretion to allow sidewalk cafes to deviate temporarily from sidewalk cafe Code provisions and regulations. Such temporary deviation will be allowed from the period of October 1 until the dates referenced below. Each sidewalk cafe business will have 90 days from the date of the Commission resolution to adhere to the new Design Guidelines, including purchasing new umbrellas/furniture/fixtures as necessary. The renewal date of sidewalk cafe permits for 2016-17 will be the 90 day date referenced above. Any business not in compliance by this renewal date will have to cease operating its sidewalk cafe business until its permit is approved unless the date extended by the City Manager for good cause shown. Per Commissioner Aleman's comment, each sidewalk cafe business will have to submit written documentation to the Planning Department within 30 days of the Commission resolution showing proof that the business has placed its order with an umbrella company for new umbrellas. 6
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K.Awnings. Retractable awnings will be allowed in place of umbrellas as long as theawnings are consistent with Planning Department guidelines for awnings on OceanDrive.
ACTION ITEM: Planning Department to come up with awning standards within 30 days of Commission resolution.
L.Street Lighting. The City should install uniform lighting for the full length of Ocean
Drive from 5th to 15th Streets.
SUPPORTED BY OCEAN DRIVE TASK FORCE AND ALREADY APPROVED
BY CITY COMMISSION
4.Prohibition on Formula Restaurants and Retail and Other Limits on Retail (Note: The
actual language of the ordinance is being drafted by the City's legal department. The
ordinance is being modeled after similar successful ordinances from other jurisdictions
across the country. Those other jurisdictions have sought to avoid an influx of "chain"establishments that decrease the uniqueness of historic districts such as Ocean Drive.)
A."Chain" Retail. "Chain" restaurants and other retail establishments will be prohibited
on Ocean Drive. Any "chain" restaurant or retail establishment having a validbusiness tax receipt as of the date that "zoning in progress" commences will be"grandfathered" and deemed legally nonconforming. In order to try to prevent
"chain" businesses from mshing to get licenses before this new legislation gets
adopted, the City Commission should declare "zoning in progress" at the earliestpossible date. This action would have the practical impact of preventing the issuanceof any new licenses while the legislative process takes its course.
B.Size of Retail. The original vision for Ocean Drive in the 1980's was an AmericanRiviera of boutique, Art Deco hotels with charming sidewalk cafes. This originalvision never contemplated the transformation of Ocean Drive into a retail destination
for souvenirs and T-shirts. In order to maintain this original vision, the Code todaylimits the size of retail establishments on Ocean Drive. However, based on the
current situation, further tightening of the size and characteristics of retailestablishments is needed.
Currently, the Code provides that hotels may have accessory retail, limited to 75 sq.ft. per hotel unit and apartment buildings may have accessory retail limited to 25% ofthe floor area of the subterranean or ground floor. For example, if a hotel has 30rooms, then the hotel can have retail space up to 2,250 square feet, which is quite
large. An apartment building with a l 0,000 square foot first floor could have retail upto 2,500 square feet. Again, the number is not small. Further, under the current
Code, businesses can apply for variances to exceed these maximum sizes.
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Going forward, the Planning Department will propose further limitations on the size ofretail on Ocean Drive. Variances to exceed the maximum size will be prohibited.
Any retail store that has a business tax receipt as of the date of zoning in progress will be grandfathered (legally nonconforming) regarding the legislation encompassed in this Section 4(8).
C.Certain Stores. Liquor stores, tattoo shops, pawn shops and check cashing stores will
be prohibited for those properties fronting on Ocean Drive or one of the streetsperpendicular to Ocean Drive west to Collins Avenue. (The Planning Board recentlyvoted to recommend in favor of legislation prohibiting package liquor sales in
MXE.) These kinds of retail establishments chase away more desirable and upscalerestaurants and other retailers and ultimately lead to blight along city streets andneighborhoods.
D.Food Displays. Real and artificial food and beverage displays, including but notlimited to "ghost drinks" placed on tables to attract attention of patrons, will beprohibited on public property and will be prohibited on private property to the extentsuch displays are visible from a public sidewalk or street.
SUPPORTED BY OCEAN DRIVE TASK FORCE AND ALREADY APPROVED BY CITY COMMISSION
E."Bait and Switch." There is a major concern that some food and beverage businesseson Ocean Drive are not being transparent with their customers on .what they arebeing charged and, as a result, proper disclosures are not being made. This lack oftransparency and disclosure has led to many negative comments about Ocean Drive
on travel websites. Therefore, it is essential that we address this issue and prevent"bait and switch" problems.
All food and beverages and their prices must be listed in a conspicuous manner on
the menu for the establishment. To the extent that the establishment is adding an automatic gratuity or service charge to the bill, the gratuity/service charge must be noted in a conspicuous manner on the menu, the bill and the credit card charge slip. Moreover, if an automatic gratuity/service charge is being added, patrons also must be notified verbally by restaurant staff prior to or simultaneously with the provision of the bill.
F.Hospitality Training. Ocean Drive cafe employees will be required to undergo third
party hospitality training within thirty (30) days of commencing work at anysidewalk cafe venue on Ocean Drive and to undergo refresher third party training
annually. The company or person providing the training must be approved by theOcean Drive Association. Proof of such training must be presented to the City as acondition of the business obtaining and/or retaining its sidewalk cafe license.
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THIS CONCEPT IS SUPPORTED BY OCEAN DRIVE TASK FORCE AND ALREADY APPROVED IN CONCEPT BY CITY COMMISSION
G.Adult Entertainment. Food and beverage venues shall not be permitted to have, aspart of their business, pole dancing, adult entertainment or nude dancing, as definedin Section 142-1271 of the City Code.
5."Hawking" by Bar and Restaurant Personnel Prohibited
"Hawking" or aggressive solicitation by bar and restaurant personnel on Ocean Drive
sidewalks is a serious problem and is frequently cited by tourists and locals alike as causingan unpleasant and unwelcoming atmosphere on Ocean Drive. "Hawking" brings badpublicity to Ocean Drive in the form of negative tourist reviews on travel websites and inother ways.
The City Code currently prohibits solicitation on Ocean Drive sidewalks. However, thesolicitation problem has not been solved and is acute at this point. To address this issue, thepenalties for solicitation will increase substantially.
Current First Offense Fine: $50; New Fine Amount: $1,000Current Second Offense Fine: $100; New Fine Amount: $2,000Current Third and Subsequent Fine: $250; New Fine Amount: $5,000
For each offense, both the actual person doing the solicitation and the applicable businesswill be fined.
6.Street Vendors and Promoters Prohibited
Street vendors and promoters detract from the visitor experience -they clog the sidewalks,
harass tourists, deal drugs, litter the streets and block entrances to businesses. Accordingly,they should be banned from Ocean Drive.
A.Prohibition. On the Ocean Drive sidewalk, it will be illegal for any person (a) to offer toanother person the sale of a product or service or a free sample of such product or serviceor (b) to give or offer, whether for free or not, to another person a flyer, ticket, wristband,candy bar, magnet, cosmetics product or any other product or type of communication,relating to a for-profit business.
B.Fines. The fines for violating the above provisions will be the same as the newsolicitation fine schedule in item 5 above regarding "hawking."
C.Enforcement. The Ocean Drive Interim Street Manager and future BID ExecutiveDirector will serve to monitor these issues and report violations to Code Compliance for
swift enforcement.9
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7.Music or other noise being produced by golf carts or other open-air commercial vehiclesshall be prohibited.
SUPPORTED BY OCEAN DRIVE TASK FORCE AND ALREADY APPROVED BYCITY COMMISSION
8.Music Heard on Sidewalks and Lummus Park
There is a need to thoughtfully mitigate the volume of music projected on Ocean Drivesidewalks so that the pedestrian experience is enhanced.
A.Food and beverage establishments. Food and beverage establishments on Ocean Drive
will be prohibited from having east facing speakers within 20 feet of the property's eastboundary, unless music is being played at ambient levels.
B.Retail stores. A substantial number of storefronts have speakers bolted to the outside of
their premises and music is blasting day and night. This music substantially increases theamount of noise and the "party atmosphere" along Ocean Drive. There is no reason for Tshirt and other clothing stores, souvenir shops, liquor stores and similar establishments to
have music playing like they are nightclubs. Therefore, this Proposal recommendselimination of all such outside speakers and a prohibition on any music from suchestablishments being able to be heard outside their premises.
C.Other legislation. In view of the above recommendations regarding east traveling music,
the agenda items discussed during the July, 2016 Commission meeting regarding the sametopic will be withdrawn.
9.Lummus Park should be activated with art/sculpture installations and culturalprogramming. The area between the serpentine walkway and the beach west of the dunesshould be activated with additional recreational amenities. In order to minimize food
consumption in Lummus Park, urban appropriate picnic tables should be considered forthis same underutilized area between the serpentine walkway and the dunes. The City'sDepartment of Tourism and Cultural Affairs should be responsible to create a regularschedule of cultural programming and recreational activities for these areas.
SUPPORTED BY OCEAN DRIVE TASK FORCE AND ALREADY APPROVED BYCITY COMMISSION
10.No person or business is allowed to sell, buy, dispense, use or otherwise possess marijuana
in Miami Beach. This Proposal underscores this point for the area of Ocean Drive. Noperson or business will be allowed to sell, buy, dispense, use or otherwise possess
marijuana on Ocean Drive, including but not limited to 011 the sidewalks, street, LummusPark, Ocean Court alley or other public areas in the vicinity of Ocean Drive, or in any
private property fronting Ocea11 Drive or a street perpendicular to Ocean Drive west toCollins Avenue. With regard to medical marijuana, if that becomes legal in MiamiBeach, medical marijuana dispensaries will be banned in properties fronting Ocean Drive
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1
5-POINT PLAN FOR MXE DISTRICT
Mitch Novick “Minority” Report and
Recommendation to the Miami Beach Commission
Concerning the Deterioration of the Quality of Life in the
MXE District, Ocean Drive, Collins Avenue and the
Surrounding Neighborhood
January 8, 2016
For several years I have witnessed the deterioration of the quality of life in
the Ocean Drive Entertainment District. I have continuously resided in this
neighborhood since prior to the MXE zoning which was adopted in 1989. I also
operate a hotel in the District. The MXE zoning was intended to accelerate the
revitalization of the Art Deco District. Instead, what we have today is a 24 hour
circus-like carnival atmosphere which was never anticipated, and is entirely
unacceptable.
Before preparing this report, I have conferred with members of the
business community, residents, and government officials. I have examined plans,
reports, and have attended all the Ocean Drive Task Force meetings to study
these issues.
# 11
2
From my home, I have witnessed drug deals, prostitution, public
inebriation, defecation, and urination, stabbings which precipitated murder,
sexual assaults, robberies (up 35% this past year), and the list goes on and on.
The MB Police Department have visited me regularly to view my CCTV
public right of way footage which has assisted in the arrest and conviction of
hardened criminals. I also have little doubt that the problems which plague
Washington Avenue along the districts western boundary, are causally related to
the nearby MXE zoning district which spans from 5th to 16th Street along Ocean
Drive and Collins Avenue.
The area is congested with all kinds of riff-raff, it’s dirty, dangerous, loud,
and the vacancy factor has skyrocketed. The three streets are saturated with tee
shirt shops, 7-elevens, pizza joints, liquor stores, tattoo parlors and smoke
shops.
Due to the continued degradation of the neighborhood, this past year
we’ve seen the departure of national tenants including: Barney’s Co-op, Urban
Outfitters, Benetton, Kenneth Cole, Ralph Lauren and just recently, Levi’s
announced it too, will be leaving. As a hotelier, I can attest that international
tourists are also finding safer destinations to spend their dollars.
I urge you to reject all recommendations having to do with throwing the
public’s money to hire more police and code officers. Moreover, a “third-time”
waste of tens of millions of dollars of the publics money to widen sidewalks and
encroach further into Lummus Park reducing its green-space are all the same
3
costly and unwise mistakes made by your predecessors serving on the
commission.
Cleaning up Ocean Drive will require strong leadership and a commitment
and resolve to stand up to special interests that often make their living off the riff-
raff drawn by the chaos we find so abhorrent. Transforming this neighborhood
could be done rapidly and would certainly be encouraged by the new
development occurring in and around the entertainment district. My
recommendations would be easy to implement and more importantly, will not
require special public expenditures of taxpayers funding.
My recommended five-point plan is as follows:
1. Immediately begin enforcement of vehicular noise violations. It is the noise which fuels the riff-raff
which is destroying the neighborhood. (This was done
effectively during the Dermer administration, but has
since been abandoned). 2. Amend the noise ordinance as it relates to
Ocean Drive. Currently there are no restrictions and
businesses can blast noise as loud and as far
Eastward as possible without threat of violation. Again, it is the noise which fuels the riff-raff which continues to destroy the Miami Beach brand.
Observe the folks who congregate and are often
drinking from “Solo” cups in Lummus Park to enjoy
the free entertainment from these noisy establishments.
3. Revisit the MXE Zoning. I strongly believe the
“E” should be changed to an “H”. How does Mixed-
Use-Hotel or Mixed-Use-Residential sound? It sounds like a compatible use to me.
4. Preclude any additional entertainment
establishments from opening on Ocean Drive and
grandfather in those existing establishments with the
4
provision that they contain or substantially reduce their noise levels.
5. The tunnel-like gauntlet of awnings and
umbrellas currently obscuring Ocean Drive can only be resolved by limiting table coverage on the Right of Way. Ocean Drive looks like a squalid tent city from
the serpentine walkway. It is the tables that dictate the
umbrellas and awnings required to protect patrons
from sun and rain.
I am looking to this commission to show leadership and resist the
incessant pressure from the Ocean Drive businesses which continue to want
more and more to the detriment of the greater good of the City of Miami Beach,
its residents and businesses.
Respectfully Submitted,
Mitch Novick
901 Collins Avenue
Miami Beach, Florida
305 532 0958