Resolution 2025-33677 RESOLUTION NO. 2025-33677
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO.
2024-33420 FOR THE INSTALLATION OF A FENCE AND SIDEWALK
(IMPROVEMENTS) AT POLO PARK, ADJACENT TO THE
SOFTBALL FIELD AND BASKETBALL COURTS OF NAUTILUS
MIDDLE SCHOOL TO APPROVE, AT THE REQUEST OF MIAMI-
DADE COUNTY PUBLIC SCHOOLS, A MODIFICATION TO THE
DESIGN OF THE FENCING PROJECT TO ALLOW FOR THE
SHIFTING OF THE FENCE LOCATION; AND FURTHER
AUTHORIZING THE CITY MANAGER TO MAKE ANY FUTURE
MINOR ADJUSTMENTS TO COMPLETE THE PROJECT.
WHEREAS, at the July 24, 2024 Commission meeting, the Mayor and City
Commission referred an item (C4 P) to the PSNQLC to discuss the School Board Joint Use
Agreement("JUA") review regarding Miami Beach Nautilus Middle School fence request at Polo
Park(Exhibit A); and
WHEREAS, the School Board of Miami-Dade County, Florida, (the "School Board")
transmitted a letter dated July 12, 2024, regarding the monitoring of the current legislative
session in an attempt to implement changes that may be required in the immediate future, and
through this monitoring, the School Board has become aware of the new regulations being
promulgated regarding school safety and security; and
WHEREAS, an additional emphasis is being placed on locking and monitoring access
points to school sites when students are present on campus; and
WHEREAS, during the School Board's compliance review, they identified Miami Beach
Nautilus Middle School as an area of concern; per their review, there are perimeter fencing
enclosure areas lacking where, during regular school hours, students are present for outdoor
activities; and
WHEREAS, the School Board site administration has observed individuals utilizing the
basketball courts and baseball fields during school hours resulting in intervention by the
resource officer; and
WHEREAS, the School Board is aware of the long and fruitful history of collaboration
with the City of Miami Beach regarding Miami Beach Nautilus Middle School, as well as the
forty-year Joint Use Agreement that has been in effect since 1994; and
WHEREAS, the School Board requested a review of the Joint Use Agreement to
determine the best way to allow for fencing to be placed around Miami Beach Nautilus Middle
School to limit access to the property during instructional time; and
WHEREAS, the JUA regarding Polo Park was adopted by the City of Miami Beach per
Resolution No. 93-21003 at its December 1,1993 meeting and the School Board in accordance
with Board Item No. A-17 at its December 8,1993 meeting; the original term of the agreement is
for forty(40) years commencing on January 20, 1994; and
WHEREAS, a Settlement Agreement was executed on December 9, 2009; and
WHEREAS, per the JUA, the premise may be utilized as a playground, athletic and
recreation area; and
WHEREAS, the School Board has full control, custody, right and use of the premises
during regular school hours on regular school days, and during summer school and for after-
school activities the administrators of Miami Beach Nautilus Middle School and City's Parks
Department shall coordinate access; and
WHEREAS, the City staff, as well as the general public, have the right to access and
use of the following areas of the premises during school hours: tot lot, racquetball, and tennis
courts; and
WHEREAS, per the JUA, the School Board has reserved the right to promulgate and
enforce reasonable rules and regulations governing the use of the recreational facilities by the
public during school hours; and
WHEREAS, during the September 18, 2024 PSNQLC meeting, City staff informed the
Committee that they met with representatives from the School Board onsite at Nautilus Middle
School and Polo Park on Friday, September 13, 2024 to discuss the proposed fence location
and any potential park operational impacts; staff requested to come back to the next meeting
with an update as they are working through options with the School Board; and
WHEREAS, the School Board has recommended proceeding with the fence layout
indicated in Option 1 (Exhibit B), and they will be paying for the fencing and installation at Polo
Park; and
WHEREAS, Administration agreed and accepted the option selected by the School
Board, as this option doesn't eliminate access to the children's playground and tennis/pickleball
courts during school hours; and
WHEREAS, during the November 6, 2024 PSNQLC meeting, the Committee gave a
favorable recommendation, approving option 1, in connection with the installation of a fence and
sidewalk (Improvements) at Polo Park, adjacent to the field and basketball courts of Miami
Beach Nautilus Middle School, as a security measure; and further recommended authorizing the
City Manager to negotiate and execute any and all documents and/or agreements with the
School Board of Miami-Dade County, Florida (School Board) relating to the installation of the
improvements at the sole cost of the School Board and upon terms mutually agreeable to the
parties; and
WHEREAS, during the December 11, 2024 Commission meeting, the Commission
approved Resolution No. 2024-33420 accepting the recommendation of the PSNQLC (Exhibit
C); and
WHEREAS, on April 15, 2025, the Superintendent of Schools for Miami-Dade County
Public Schools, sent a letter to the City Manager identifying additional required edits to the
previously agreed-upon fence option which include a minor shift of the fence location (Exhibits D
and E).
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 amend Resolution No. 2024-33420 for the installation of a fence and
sidewalk (improvements) at Polo Park, adjacent to the softball field and basketball courts of
Nautilus Middle School to approve, at the request of Miami-Dade County Public Schools, a
modification to the design of the fencing project to allow for the shifting of the fence location;
and further authorize the City Manager to make any future minor adjustments to complete the
project. �v�.r�'��
PASSED AND ADOPTED this al day of /,wY 2025.
Ste n Meiner, Mayor
ATTEST: A
/��// MAY 2 -, ?0?5 APPROVED AS TO
FORM & LANGUAGE
&�TIGN
Rafael E. Granado, City Clerk
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