C6B-Report- Neighborhood-Community Affairs Committee Meeting Of November 19 2012MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: #:fd I Kathie G. Brooks, Interim City Manager /?V . "'/ -.
DATE: December 12, 2012
SUBJECT: REPORT OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE HELD ON
MONDAY, NOVEMBER 19, 2012.
A meeting of the Neighborhood/Community Affairs Committee was scheduled for Monday,
November 19, 2012 at 3:00 pm, and was held in the Training Room Located at 1755 Meridian
Avenue, 3rd Floor. Commissioners in attendance: Commissioners Ed Tobin and Jerry Libbin.
Members from the Administration and the public were also in attendance. Please see the
attached sign-in sheet.
THE MEETING OPENED AT 3:27PM.
1. Discussion To Enhance The Capital Project Entitled Normandy Shores Golf Course
Aluminum Picket Security Fence. (3:27PM)
Commissioner Libbin recapped the background of this discussion to enhance the security
fence around Normandy Shores Golf Course.
Interim City Manager Kathie Brooks stated that it was discussed that there be some sort of a
delineator to clearly show the property line.
Input was received from the public:
Daniel Vetia spoke
Paul Mokha spoke.
Mickey Minagorry spoke.
Glenda Phipps spoke.
Susan Fleming spoke.
ACTION: The Committee (Commissioners Tobin and Libbin present) unanimously moved to
proceed with placement of a six (6) foot aluminum fence/hedge combination placed away from
the homes along the natural boundary of the golf course's field of play. Final location to be
determined based on a survey of the area. Another delineator (TBD) at the property line as
agreed upon by the Administration and the South Shore Drive residents was recommended
The Committee also recommended in support of a low hedge around the other unsecured areas
of the golf course and recommend the City consider funding during the next budget cycle when
working on capital appropriation.
Finally, the Committee also recommended the administration and City Attorney's Office research
the placement of guard gate at North Shore Drive Bridge and have a community meeting with
residents.
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Agenda Item (! ~ B
Date /¢ -1,2.-12..
City Commission Memorandum
December 12, 2012
Report of the Neighborhoods/Community Affairs Committee of November 19, 2012
Page 2 of7
2. Discussion Regarding Licensing And Authorization Requirements For Mobile Trucks And
Proposal For A City Sponsored Food Truck Festival. (3:57 PM)
Acting Assistant City Manager Max Sklar recapped the background of this discussion. He
informed the Committee that the last event took place November 7, 2012. The event was
successful and well attended by both the vendors and residents/visitors.
Commissioner Tobin would like to see what we can do in the North Beach area to stimulate the
area. The Food Truck event should just be the beginning of something for North Beach.
Commissioner Libbin withdrew the Festival of the Arts item as the community did not feel the
Festival was in the best interest for the community. He also suggested that the event shouldn't
be called Food Truck Festival, instead it should be tied to another activity in the community. He
wants to make sure that we do a better job with creating a program such as films, skating, etc.
Commissioner Libbin commented on the Community Development of the North Beach area, and
suggested that the City administration take a look at a proposal that was presented back in
1999/2000 while he was President of the North Beach Development Corporation. The proposal
was to develop a 72nd street service lot. It was an amazing proposal and he thinks we need to
look at this proposal again. It had elevated plaza, etc. Secondly, he would like to put forth a
study of the 8 blocks 78 to 86 streets and find opportunities. Perhaps bring in hotels and develop
an entire project and start to bring in some high end retailers. He would like for administration to
begin putting out some RFP and do a study.
Commissioner Tobin agreed and he was glad that they are both on the same page.
Interim City Manager Kathie Brooks pointed out that these developments of these lots as
referenced by Commissioner Libbin would require a citywide referendum. It was also stated that
the Planning Board has been looking at it as well, and should be referred to the Land Use and
Development Committee.
City Attorney, Jose Smith mentioned that a few years ago, a master plan was done to revitalize
The North End particularly these 8 blocks.
Public input was heard.
Christine Flores spoke
Margueritte Ramos spoke
Carol Heusen spoke
Daniel Vetia spoke
Mickey Minagorri spoke
Returning the conversation back to the Food Truck topic, Acting Assistant City Manager Max
Sklar indicated that expenditures were limited; only four (4) police officers were paid overtime.
The rest were on-duty police officers who were scheduled to work the area. He further stated that
advertising is very important for the event to continue its success.
Commissioner Libbin would like to task Administration to take a look at prior proposal with
Community Development of the North Beach area. Also to see a plan to bring additional events
not just the Food Trucks.
ACTION: The Committee (Commissioners Tobin and Libbin present) recommended that
Administration extend the event for the next year and look at reducing cost.
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City Commission Memorandum
December 12, 2012
Report of the Neighborhoods/Community Affairs Committee of November 19, 2012
Page 3 of7
3. Quarterly Crime Statistics (Recurring Item On A Quarterly Basis). (4:20 PM)
Miami Beach Police Assistant Chief Mark Overton presented a quarterly report on crime statistics
within the City of Miami Beach, explaining that all around crime was down 5.51% from the
previous year (418 less incidents overall). He added that Police has implemented various
programs such as, DUI checkpoints which occur twice a monthand Saturation Patrol for which a
unit was created to patrol the most troubled areas.
Commissioner Tobin recognized Police Assistant Chief Overton and Police Captain Richard
Clements for being proactive with a comprehensive effort that police has implemented in troubled
areas.
Commissioner Libin commented on future events, and asked police to be ready and have some
training or conversations with hotel security in regards of the major event "Art Basel"
4. Follow Up Report On The Progress Of The Cat Network's Efforts In The City Of Miami
Beach (Originally A Discussion Regarding Prohibition Of Cat Feeding In Miami Beach City
Parks). (4:31 PM)
Community Resource Coordinator, Lynn Bernstein presented the item, and the participation from
PetSmart Charities and the volunteers made this program a successful one, and thanked all the
volunteers who attended the meeting.
Frank del Vecchio, spoke
John Curbello spoke
The Health Advisory Committee recommendations were also revewed by the Committee, but no
action was taken by the Committee.
5. Resolutions Authorizing Agreements With Various External Entities To Assist The City In
Implementing The Action Plan To Address Potential Corruption And Misconduct:
A. A Resolution Approving And Authorizing The City Manager And City Attorney To
Negotiate An Agreement With Miami-Dade County, On Behalf Of The Miami-Dade
County Office Of The Inspector General (MDCOIG), To Authorize The MDCOIG To
Provide Independent Investigations Into City Practices And Operations In Order To
Prevent And Detect Fraud, Waste, Financial Mismanagement, Employee Misconduct,
Or Other Abuses.
B. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An
Agreement In The Not To Exceed Amount Of $45,000, With Miami-Dade County, Florida,
On Behalf Of The Miami-Dade County Commission On Ethics And Public Trust, To
Develop And Provide A Comprehensive Ethics Training Program For City Employees
Who Hold Positions That Are In Regulatory Areas Of The City. (4:47 PM)
Commissioner Tobin reviewed the history of the resolutions regarding the recent investigation on
charges to City of Miami Beach employees that were arrested by the Federal Bureau of
Investigations.
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City Commission Memorandum
December 12, 2012
Report of the Neighborhoods/Community Affairs Committee of November 19, 2012
Page 4 of7
Joseph M. Centorino, Executive Director and General Counsel of the Commission on Ethics
made a presentation regarding the Commission's proposed specialized ethics training for all
City employees in regulatory functions. Mr. Centorino emphasized that the Commission is
uniquely qualified to teach the course, since the purpose of the Commission on Ethics is to serve
as the guardian of the public trust by, among other things, educating the public, elected and
appointed officials and other public servants as to the required standards of ethical conduct.
Commissioner Libbin would like to see the administration implement a whistle blower program.
The more we do to incentivize people to come forth with information regarding possible corruption
the better.
Commissioner Tobin stated that the next time he brings information regarding possible corruption
to the table, he would like the support of the other commissioners.
ACTION: At the conclusion of the discussion the Committee (Commissioners Tobin and
Libbin present) forwarded the item without recommendation to the City Commission.
6. Discussion Regarding Proposed Amendments To The City's Film And Print Guidelines.
(5:00PM)
Commissioner Tobin began the discussion and stated that he believed that Print shoots are not
the problem but rather the "party houses" were significantly more of an issue. A New Time article
wrote about the parties that are going on at night. He mentioned that we need to do a better job
at enforcing the City's ordinances regarding these party houses.
Acting Assistant City Manager, Max Sklar agreed that party houses seem to always cloud the
discussion of filming in residential neighborhoods and increased enforcement is needed.
Graham Winick, Film & Print Production Manager spoke regarding the outreach efforts and
community meetings that have taken place with regards to the Film & Print uses and the
permitting process.
Commissioner Libbin suggested establishing a program that would allow residents to register for
a "do not contact" list that would prevent them from being contacted for an approval to allow
filming next to their property. Registration would be allowed during a specified window each year
and no one would be able to remove themselves from the list during that year. This would allow
the industry to know which houses are clear to work around.
Commissioner Libbin discussed his concerns that the 5 days vs. 10 days could be confusing. He
mentioned that he does not think the 5 days is a resolution. He would like to see a positive
message (Miami Beach welcomes the industry}, etc. He suggested packaging the message
accordingly with the 10 day focus.
Public input was received from the public including both residents and members of the film and
print industry.
Commissioner Tobin suggested bringing discussion to Commission.
Commissioner Libbin disagreed as he feels it will be a negative battle. He suggested to move
forward and recommended to go from 0 to 10.
ACTION: Commissioner Tobin suggested that our Legal Department take a look at Frank Del
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City Commission Memorandum
December 12, 2012
Report of the Neighborhoods/Community Affairs Committee of November 19, 2012
Page 5 of7
Vecchio's suggestion regarding the Zoning rule in single family districts which prohibits
commercial use of private property. He would want to know if the Film & Print is a Zoning
regulation and if so, should it go thru that process. Bring back to Commission in January for
further discussion.
7. Discussion Regarding An Ordinance Amending Chapter 2 Of The Miami Beach City
Code Entitled "Administration," By Amending Article VI, Entitled "Procurement,"
By Amending Division 5, Entitled "Debarment Of Contractors From City Work," By
Amending Section 2-397, Entitled "Purpose Of Debarment," To Provide The
Purpose For Suspensions; By Amending Section 2-398, Entitled "Definitions," To
Provide Additional Definitions Regarding Suspension Of Contractors; By
Amending Section 2-399, Entitled "List Of Debarred Contractors," To Provide For
The Additional Listing Of Suspended Contractors; By Amending Section 2-400,
Entitled "Effects Of Debarment" To Provide For The Effects Of Suspension; By
Amending Section 2-401, Entitled "Continuation Of Current Contracts," To Provide
That Suspension May Affect The Continuation Of Current Contracts Or Bids; By
Amending Section 2-402, Entitled "Restrictions On Subcontracting," To Provide
For Restrictions On Suspended Contractors; By Amending Section 2-403; Entitled
"Debarment," To Provide For The Suspension Of Contractors; By Amending
Section 2-404, Entitled "Causes For Debarment," By Providing For An Additional
Cause For Debarment When A City Contractor Is Found To Have Committed Any
Offense Indicating A Lack Of Business Integrity Or Honesty That Seriously And
Directly Affects The Present Responsibility Of A City Contractor, And To Provide
For Causes For Suspension; By Amending Section 2-405, Entitled "Debarment
Procedures," To Provide Procedures For Suspension Of Contractors; By
Amending Section 4-206, Entitled "Period Of Debarment," By Providing For
Periods Of Suspension And Requests For Reducing Periods Of Suspension;
Providing For Repealer; Severability; Codification; And An Effective Date. (6:00PM)
Commissioner Libbin stated his concerns with having a public board making these types of
decisions. He would rather have a staff committee to advise the Commission and the
Commission will make the decisions.
Frank Del Vecchio gave suggestions
Commissioner Tobin suggested having a paid staff person working with a team of staff members
to present these cases to the Commission with their recommendations. He would like to see
someone from CIP involved since they have the experience necessary. He would like to get the
other Commissioner's input as well.
Commissioner Libbin asked on the status of the investigation regarding the 16 companies named
on the affidavit.
City Attorney, Jose Smith indicated that his office has requested the files several times, but are
still waiting for them.
Commissioner Libbin question the reason why we have not followed up with these companies.
He would like to see some follow through. At the very least they should show how much they
paid for lobbyists and what was the service. He is disappointed that we have not done anything
in the last five weeks.
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City Commission Memorandum
December 12, 2012
Report of the Neighborhoods/Community Affairs Committee of November 19, 2012
Page 6 of7
City Attorney Jose Smith explained that the State Attorney's office is on an ongoing investigation
and has requested that our Police Department not be involved at this time.
Commissioner Tobin would like to see our Legal Department become more aggressive with the
State Attorney's office. He would like to get to the bottom.
City Attorney Jose Smith explained that in fact, the State Attorney's office has complained that
Alek Boksner has been too aggressive.
Commissioner Tobin asked the City Attorney what we can do to move forward. He would like to
see language that allows us to debar contractors and vendors caught engaging in unethical
business deals, regardless if they have been charged with a crime or not.
City Attorney Jose Smith explained that we will have the files within a week.
Commissioner Libbin would like us to have tougher measures and we should be doing every
investigation that we can possibly do. He would like to see language and have companies
disclose the information regarding consultant and lobbyist.
ACTION: City Attorney to add disclosure language
8. Discussion Of Establishing Parasailing Safety Standards. (6:28 PM)
Commissioner Tobin requested to defer to Administration to establish safety standards
Commissioner Libbin stated that he would like to see enforcement from both Code and Marine
Patrol.
ACTION: Motion made by Commissioner Libbin to stop these vendors from doing illegal
parasailing
9. Quarterly Reports Regarding Washington Avenue. (6:31 PM)
ACTION: Administration to make a presentation at the next Commission Meeting regarding all
the things we are doing with this corridor.
10. Discussion Regarding The Various Types Of Water Sports Activities That Exist Today To
Amend The 1964 Ordinance.(6:32 PM)
Fire Chief Javier Otero presented the history of the ordinance and current locations where various
types of water sports activities exist.
Commissioner Tobin directed Fire Chief, Javier Otero to consult with Ocean Rescue and ensure
that everyone is comfortable with the current areas being utilized· by these various water sports
activities.
Commissioner Libbin does not want to further restrict if there is no danger. If the swimmers are
safe and it's currently working then he is okay with it. Once Fire Chief, Javier Otero consults with
Ocean Rescue and if there is any discrepancy, then bring back to committee. Otherwise we can
go with the recommendations brought forward.
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City Commission Memorandum
December 12, 2012
Report of the Neighborhoods/Community Affairs Committee of November 19, 2012
Page 7 of7
11. Discussion Regarding "Green Alleys" on Miami Beach
Commissioner Tobin directed Administration to move forward with Green Alleys.
Commissioner Libbin acknowledged the scheduled meeting for the Sustainability Committee
taking place the following day which the item will be discussed.
ACTION: Public Works Department Director Fred Beckmann to send an LTC with updates On
what was recommended by the Sustainability Committee
12. Discussion Regarding Section 2-459, Entitled "Certain Appearances Prohibited"
Ordinance.
City Attorney Jose Smith explained that the section on the title is not correct. The County Code
already has a two year prohibiting not allowing former staff, specifically the City Manager from
lobbying. He will send the section to Dessiree Kane, Commissioner Tobin's Aide so she may
forward to those residents who raised the issue.
ACTION: Jose Smith to forward section to Dessiree Kane, Commissioners' Aide for clarification
13. Discussion Regarding Changing The Bikeways Blue Ribbon Committee To A City
Committee. (6:26)
Commissioner Tobin and Commissioner Libbin both agreed that the Bikeways Blue Ribbin
Committee should be a City Committee.
ACTION: Commissioner Libbin made a motion to change the Blue Ribbon Committee to a
permanent Bicycle Pedestrian Committee.
14. Discussion Regarding Jimmy Morales
Commissioner Libbin asked Administration to look into the investigation on his campaign
expenses. Also, Acting Assistant City Manager, Max Sklar to request a copy of the report results
from the Ethics Commission Committee.
THE MEETING ADJOURNED AT 6:43 PM.
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