20130206 BMMIAMI BEACH
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
February 6, 2013
Mayor Matti Herrera Bower
Vice-Mayor Michael Gongora
Commissioner Jorge R. Exposito
Commissioner Jerry Lib bin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
Interim City Manager Kathie G. Brooks
City Attorney Jose Smith
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists,"
requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying
activity with the City Commission, any City Board or Committee, or any personnel as defined
in the subject Code sections. Copies of the City Code sections on lobbyists laws are
available in the City Clerk's office. Questions regarding the provisions of the Ordinance
should be directed to the Office of the City Attorney.
Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City
Commission may move any agenda item to the alternate meeting date, which will only be held if needed.
In addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting
without reaching all agenda items.
Call to Order-9:00a.m.
Inspirational Message, Pledge of Allegiance
Requests for Additions, Withdrawals, and Deferrals
The City Commission will recess for lunch at approximately 1:00 p.m.
Presentations and Awards Regular Agenda
PA Presentations and Awards R2 Competitive Bid Reports
R5 Ordinances
Consent Agenda R7 Resolutions
C2 Competitive Bid Reports R9 New Business & Commission Requests
C4 Commission Committee Assignments R 1 0 City Attorney Reports
C6 Commission Committee Reports
C7 Resolutions Reports and Informational Items
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
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Commission Agenda, February 6, 2013
Presentations and Awards
PA1 Certificates Of Completion To Be Presented To The City Of Miami Beach Neighborhood
Leadership Academy Graduates.
(City Manager's Office)
PA2 Certificates Of Recognition To Be Presented To Jesus Martinez And PNP Beach Restaurant.
(Requested by Commissioner Jonah Wolfson)
(Deferred from January 16, 2013)
PA3 Certificates Of Recognition To Be Presented To The Principal, Vice Principals And Teachers Of
Nautilus Middle School In Miami Beach.
(Requested By Vice Mayor Michael Gongora)
PA4 Proclamation To Be Presented To Joe's Stone Crab For Their 1 OOth Year Anniversary.
(Requested By Vice Mayor Michael Gongora)
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 -Competitive Bid Reports
C2A Request For Authorization To Issue A Request For Proposals (RFP) For The Comprehensive
Professional Tennis Management And Operations Services At The City's Flamingo And North
Shore Park Tennis Centers.
(Parks & Recreation/Procurement)
C28 Request For Approval To Issue A Call To Artists To Commission A Permanent, Outdoor Art
Installation, Which Will Have A Revitalizing Effect On Washington Avenue.
(Tourism & Cultural Development)
C2C Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 015-2013TC, For
The Design And Installation Of Beach Access Gate Arms, Authorizing The Mayor And City Clerk
To Execute An Agreement With Aim Machine, Inc., In The Amount Of $89,900.00, For The
Construction Of The Project, Plus A 10% Project Contingency, For A Not-To-Exceed Grand Total
Of $98,890.00 From Funds Previously Appropriated In The Capital Budget; Further Authorizing
The Administration To Engage In Value Engineering To Further Reduce The Cost And Time For
Completion Of Said Project.
(Property Management/Procurement)
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Commission Agenda, February 6, 2013
C4 -Commission Committee Assignments
C4A Referral To The Finance And Citywide Projects Committee -Discussion Regarding Renewal Of
The Professional Services Agreement Between The City Of Miami Beach And The Superlative
Group For Professional Services In Corporate Sponsorship Marketing Pursuant To Request For
Proposals No. 06-04/05.
(City Manager's Office)
C4B Referral To The Neighborhood/Community Affairs Committee -Discuss Amending Procedures
For Appeals To The Special Master For Certain Frequent Code Enforcement Violations.
(City Attorney's Office)
C4C Referral To The Land Use And Development Committee And Thereafter To The Planning Board-
An Amendment To The Land Development Regulations To Regulate Religious Institutions In
Multi-Family Residential, Commercial And Industrial Districts In The Same Manner As Other
Assembly Uses With Similar Occupancy.
(City Attorney's Office/City Manager's Office)
C4D Referral To The Neighborhood/Community Affairs Committee Requesting To Consider The
Removal Of The Four (4) Public Parking Spaces On Sunset Drive At The Entrance Of Sunset
Harbor Island.
(Requested By Commissioner Jorge R. Exposito)
C4E Referral To The Neighborhood/Community Affairs Committee -Discuss And Evaluate The
Current Policy Against Bullying And Harassment In Miami-Dade Public Schools And Begin
Planning For A Citywide Youth Anti Bullying Outreach Program.
(Requested by Vice-Mayor Michael Gongora)
C4F Referral To The Finance And Citywide Projects Committee, A Discussion To Consider Additional
Community Input For The Sunset Harbor Neighborhood Improvements Project.
(Public Works)
C4G Referral To Neighborhood/Community Affairs Committee -Discussion Of The Following Matters:
1) Amendments To Land Development Regulations Sections 142-109, 142-905 And 142-1111. 2)
The Amendments Shall Prohibit, And Set Forth The Appropriate Penalties, For Individuals And/Or
Entities That Advertise The Transient Occupancy (Short-Term Rental) Of Those Properties Which
Are Located Within A Single Family Or A Multi-Family Zoning District, As Specifically Delineated
In Sections 142-905 And 142-1111. 3) The Amendment To Section 142-109 Shall Prohibit The
Advertisement Of Those Single Family Residential Properties For The Purpose Of Allowing The
Commercial Use Of The Premises, And The Advertisement Of Those Events, Gatherings Or
Promotions At The Single Family Residential Property, Consistent With The Prohibitions Set
Forth Within Section 142-109.
(Requested by Commissioner Edward L. Tobin)
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Commission Agenda, February 6, 2013
C4-Commission Committee Assignments (Continued)
C4H Referral To The Planning Board -Proposed Ordinance Amendment Pertaining To Mechanical
Parking Systems.
(Requested By Land Use & Development Committee)
(Legislative Tracking: Planning Department)
C41 Referral To The Planning Board ~ Proposed Ordinance Amendments Pertaining To The
Streamlining Of The Development Review Process.
(Requested by Land Use & Development Committee)
(Legislative Tracking: Planning Department)
C4J Referral To The Finance And Citywide Projects Committee ~ Discussion Regarding Advertising
Panels On Lincoln Road.
(Public Works)
C4K Referral To The Land Use And Development Committee -Discussion Regarding Participation Of
The City Clerk's Office In The 2013 Legends Ball, Sponsored By Unity Coalition/Coalicion Unida,
April 11, 2013, At The Art Deco Welcome Center, To Conduct Domestic Partnership Registry.
(City Clerk's Office)
C4L Referral To The Finance And Citywide Projects Committee, A Discussion To Consider
Replacement Of The City's Public Safety Radio System With A New P25 Compliant System
Before The Federally Mandated 2016 Timeframe.
(Information Technology)
C4M Referral To The Neighborhood/Community Affairs Committee-Discuss The Conditions Of South
Pointe Park.
(Requested by Vice~Mayor Michael Gongora)
C6 -Commission Committee Reports
C6A Report Of The Capital Improvement Projects Oversight Committee Meeting On October 22, 2012:
1} Attendance. 2) Review And Acceptance Of Minutes. 3) Public Comments. 4) Old
Business/Requested Reports: 4A) North Beach Neighborhoods: 4A1} Status Report: Normandy
Isle Neighborhood; 4A2) Status On Biscayne Point Neighborhood Improvement Project; 48)
Middle Beach Neighborhoods: 48} Middle Beach Neighorhoods: 481) Status Report: Central
Bayshore Improvements; 482) Status Report: Lake Pancoast Improvements; 483) Status Report:
Sunset Islands I & II; 484) Status Report: Sunset Islands Ill & IV; 485) Status Report: Lower
North Bay Road; 4C) South Beach Neighborhoods: 4C1} Status Report: Venetian Island
Neighborhood Improvement Project; 4C2) Status Report: Palm & Hibiscus Island Neighborhood
Improvements & Utilities Undergrounding; 4C3) Status Report: South Pointe Phase Ill, IV & V
Neighborhood Improvement Project. 5} Commission Items: The Commission Items Discussed
Were Deferred To A Future Commission Meeting.
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Commission Agenda, February 6, 2013
C6 ·Commission Committee Reports (Continued)
C6B Report Of The Land Use And Development Committee Meeting Of January 23, 2013: 1} Alton
Road Districts. 2) Reduced Parking Rates For Hotel Employees. 3) Discussion Of The Miami
Beach Current City Code Chapter 6-4 (3) Relating To Alcoholic Beverage Sales That Requires A
300 Foot Distance Between Liquor Stores And Ask That The City Look Into Adopting The County
Requirement Of 1500 Feet. 4) Review Of Miami Beach Land Use Boards To Improve The City Of
Miami Beach Building And Planning Department Processes. 5) Discussion Concerning The Miami
Beach Human Rights Committee Resolution Regarding The Posting Of Public Notices. 6)
Discussion Regarding Food Trucks On Private Property. 7) Discussion Regarding The City's
Current Plan To Contain Rising Seas And Destructive Storm Surges. 8) Discussion Pertaining To
"Smarter Materials For Next Generation Infrastructure," Such As Eliminating The Disposal Of
Tires In Global Landfills And Incinerators. 9) An Ordinance Amending The Code Of The City Of
Miami Beach, By Amending Chapter 66, Entitled "Marine Structures, Facilities And Vehicles," By
Amending Article II, To Be Entitled "Restricted Wake Zones," To Create Regulations For
Restricted Wake Zones; Providing For A Purpose; Providing For Definitions; Providing For
Restricted Areas; Providing For Posting Of Regulatory Markers; Providing For Exemptions;
Providing For Enforcement And Penalties. 1 0) Discussion Of The 6th And 53rd Street Restrooms
Project. 11) Hotel Parking Requirements Ordinance.
C7 -Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or Her Designee To A Submit Grant
Applications To: 1) The State Of Florida, Division Of Emergency Management (FDEM), For
Federal Funding From The U.S. Department Of Homeland Security, Federal Emergency
Management Agency (FEMA), Hazard Mitigation Grant Program In The Approximate Amount Of
$120,000 For The Window Replacement Project At The Miami Beach Botanical Garden; 2) The
Florida Department Of Environmental Protection, Recreational Trails Program For Federal
Funding In The Approximate Amount Of $200,000 For The Middle Beach Recreational Corridor;
And, 3) The Florida Office Of The Attorney General For Victims Of Crime Act (VOCA) Funding In
The Approximate Amount Of $100,000 For The Police Department's Criminal Investigation
Division; Appropriating The Above Grants If Approved And Accepted By The City, And
Authorizing The Execution Of All Documents Related To These Applications.
(Budget & Performance Improvement)
C7B A Resolution Electing Commissioner Jonah Wolfson, Group !V, As Vice-Mayor For A Term
Commencing On March 1, 2013, And Terminating On June 30, 2013, Or On Such Date When A
New Vice-Mayor Is Thereafter Elected.
(City Clerk's Office)
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Commission Agenda, February 6, 2013
C7-Resolutions (Continued)
C7C Appointment Of Chief Special Master
1. A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Section
30~36 Of The Code Of The City Of Miami Beach, Concerning The Reappointment Of
Abraham Laeser, Esq., To Serve As Chief Special Master, For A Term Commencing On
March 15,2013 And Ending On September 14, 2013; Provided Further That Chief Special
Master Laeser Shall Be Authorized To Hold Hearings And Impose Fines, Liens And Other
Non~Criminal Penalties Against Violators Of The City And County Codes And Ordinances,
And Shall Also Be Authorized To Appoint Such Other Special Masters As May
Reasonably Be Required To Conduct The Subject Hearings; And Further Incorporating All
Other Matters Set Forth Within Chapter 30 Of The City Code, Including, Without
Limitation, Sections 30~37 And 30-38 Thereof, Concerning The Compensation And Duties
Of The Chief Special Master.
2. A Resolution Approving And Appointing, Pursuant To Section 102-356 Of The City Code,
Abraham Laeser, Esq. (Chief Special Master Appointed Pursuant To Resolution No.
_____ ), As The City Manager's "Designee" Under Section 102-356 Of The City
Code; Said Designation Commencing With Mr. Laeser's Term As Chief Special Master On
March 15, 2013 And Ending On September 14, 2013.
(City Clerk's Office)
C7D A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
Not To Pursue Naming Rights For Publicly Owned Facilities And Parks And To Further Research
The Development Of A Miami Beach Parks Foundation.
(City Manager's Office)
C7E A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At Its December 17, 2012 Meeting To Place A Plaque Honoring Rose Weiss Near
The Flag Pole Located At The North Entrance To City Hall.
(Parks & Recreation Department)
C7F A Resolution Accepting An Amended And Restated Grant Of Easement From La Gorce Country
Club, Inc. As Set Forth In Resolution Number 2009-26995 For The Construction, Installation,
Maintenance, Repair, And Replacement Of City Utilities.
(Public Works)
C7G A Resolution Accepting The City Manager's Recommendation, And Approving The Cultural Arts
Council's Funding Recommendations, Awarding $30,000 In Cultural Grants Known As Miami
Beach Arts Gala Grants, For Fiscal Year 2012/13, As Identified In The Attached Exhibit "A"; And
Further Authorizing The Mayor And City Clerk To Execute Said Grant Agreements, And Make
The Award Of Said Grant Monies.
(Tourism & Cultural Development)
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Commission Agenda, February 6, 2013
C7-Resolutions (Continued)
C7H A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee,
Approving A Month-To-Month Extension, Retroactive To January 1, 2013, For A Voluntary
Employee Loan Program, Through The BMG Money Loans-At-Work Program, To Make Available
Loans To Interested Active Employees Of The City Of Miami Beach; With A Discussion Item
Referred To The Finance And Citywide Projects Committee To Explore What Potential Loan
Alternatives May Be Available.
(Human Resources)
C71 A Resolution Approving And Authorizing The Following Actions With Regard To The City's
Neighborhood Stabilization Program 1 (NSP1) Agreements: 1) Approving And Authorizing The
Mayor And City Clerk To Execute Amendment No. 5 To The Subgrant Agreement Between The
State Of Florida Department Of Economic Opportunity (DEO) And The City, Modifying The
Expiration Date Of The Subgrant Agreement From February 15, 2013, To August 15, 2013; 2)
Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 9 To The
NSP1 Agreement Between The City And Miami Beach Community Development Corporation
(MBCDC), Dated January 21, 2010, Modifying The Expiration Date Of Such Agreement From
February 15, 2013 To August 15, 2013; And Further Authorizing The City Manager To Execute
Such Amendments And Any Subsequently Approved Extensions By US HUD Or DEO.
(Real Estate, Housing & Community Development)
C7 J A Resolution Waiving By 5/7th Votes, The Competitive Bidding Requirement, Finding Such
Waiver To Be In The Best Interest Of The City, And Authorizing The City Manager To Execute A
Letter Of Agreement With Jewish Community Services Of South Florida, Inc. In The Amount Of
$40,000, For The Jewish Community Services Hope Program.
(Public Works)
End of Consent Agenda
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Commission Agenda, February 6, 2013
REGULAR AGENDA
R2 -Competitive Bid Reports
R5 -Ordinances
R5A Second Hands Goods Stores -Precious Metals
An Ordinance Amending The City Code, By Deleting Chapter 18, "Businesses," Article XII,
"Secondhand Goods," Division 3, "Pawnshops"; And Division 4, "Secondhand Dealers"; And By
Amending Chapter 102, "Taxation," Article V, "Local Business Tax," Section 102-356,
"Construction Of Article; Definitions"; In Order To Conform City Code Provisions On Pawnshops
And Secondhand Goods With Applicable Florida Statutes; And By Amending Chapter 142,
"Zoning Districts And Regulations," Article II "District Regulations," Division 4 "CD-1 Commercial,
Low Intensity District," Section 142-273, "Conditional Uses" And Division 5 "CD-2 Commercial,
Medium Intensity District," Section 142-303 "Conditional Uses" By Including Second Hand
Dealers Of Precious Metals As A Conditional Use In The CD-1 And CD-2 Zoning Districts; And
Division 6, "CD-3 Commercial, High Intensity District," Section 142-335 "Prohibited Uses" And
Division 18 "PS Performance Standard District," Section 142-693(c) "Permitted Uses," By
Including Second Hand Dealers Of Precious Metals As Prohibited Uses In The CD-3 And PS
Districts, Providing For Repealer, Severability, Codification And An Effective Date. 10:30 a.m.
Second Reading Public Hearing
(Requested by Vice-Mayor Michael Gongora)
(Legislative Tracking: Planning Department)
(First Reading on January 16, 2013)
R5B An Ordinance Amending Chapter 102 Of The Miami Beach City Code, Entitled "Taxation," Sy
Creating Section 102-2, To Be Entitled "Homestead Exemption For Low-Income Senior Citizens
Who Are Long-Term Residents"; Providing For An Additional Homestead Exemption For Certain
Low-Income Qualifying Senior Citizens Who Are Long-Term Residents To Be Applied To Millage
Rates Levied By The City Of Miami Beach; Requiring Delivery Of Ordinance To The Miami-Dade
County Property Appraiser; Providing For Repealer, Severability, Codification, An Effective Date,
And Requiring A Majority Plus One Vote Of The Members Of The City Commission.
10:45 a.m. Second Reading Public Hearing
(Requested by Matti Herrera Bower & Vice-Mayor Michael Gongora)
(Legislative Tracking: Finance Department)
(First Reading on January 16, 2013)
R5C An Ordinance Amending The Miami Beach City Code By Amending Chapter 2, Entitled
"Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By
Creating Division 34, To Be Entitled "Bicycle-Pedestrian Facilities Advisory Committee," And
Sections 2-190.149 Through 2-190.153 Therein To Provide Provisions Establishing The
Committee And Its Purpose, Powers And Duties, Composition, And Supporting Department;
Providing For Repealer, Severability, Codification, And An Effective Date. First Reading
(Requested by Neighborhood/Community Affairs Committee)
(Legislative Tracking: Public Works)
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Commission Agenda, February 6, 2013
R5-Ordinances (Continued)
R5D An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By
Amending Section 10-11, Entitled "Running At Large Prohibited," By Extending The Pilot Program
Off~Leash Area For Dogs In South Pointe Park Through And Including June 30, 2013; Providing
For Repealer; Severability; Codification; And An Effective Date. First Reading
R5E CD~2 Self Storage
(Requested by the City Commission)
(Legislative Tracking: Parks & Recreation)
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, Chapter 142, "Zoning
Districts And Regulations," Article II, "District Regulations," Division 5, C0-2 "Commercial,
Medium Intensity District," By Permitting "Self-Storage Warehouses" As A Conditional Use In This
Zoning District; Providing For Repealer, Severability, Codification And An Effective Date. First
Reading
(Requested by Commissioner Jerry Libbin)
(Legislative Tracking: Planning Department)
R5F An Ordinance Amending Chapter 12 Of The Miami Beach City Code, Entitled "Arts, Culture And
Entertainment," By Amending Article I Thereof, Entitled "Film And Print Production Permits," By
Amending Section 10 Entitled "Enforcement"; And Providing For Repealer, Codification,
Severability And An Effective Date. First Reading
(Requested by Neighborhood/Community Affairs Committee)
(Legislative Tracking: Tourism & Cultural Development)
R5G An Ordinance Amending The Miami Beach City Code By Amending Chapter 2, Entitled
"Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By
Amending Division 29, Entitled "Debarment Committee," By Amending The Purpose, Powers,
And Duties Of The Committee To Include Authority To Consider The Suspension Of Contractors
In Addition To Debarments; Providing For Repealer, Severability, Codification, And An Effective
Date. First Reading
(Requested by Mayor Matti Herrera Bower)
(Legislative Tracking: City Attorney's Office)
R5H Hotel Parking Requirements
A Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter
130 "Off~Street Parking," Article II, "Districts; Requirements," By Amending The Off~Street Parking
Requirements For Hotels In All Districts; Providing For Repealer, Severability, Codification And
An Effective Date. First Reading
(Requested by Land Use & Development Committee)
(Legislative Tracking: Planning Department)
(Deferred on January 16, 2013/Referred to LUDC)
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Commission Agenda, February 6, 2013
R7 -Resolutions
R7 A A Resolution Amending The "Film And Print Production Guidelines," And Hereby Permitting And
Restricting Further Uses On Public Property.
(Tourism & Cultural Development)
R7B A Resolution Endorsing The Mayors' Climate Action Pledge, Affirming Support For The Southeast
Florida Regional Climate Change Compact, Agreeing To Consider Implementing The Regional
Climate Action Plan In Whole Or In Part As Appropriate For Each Municipality, And Urging All
Mayors Of Miami-Dade County To Support The Mayors' Climate Action Pledge.
(Requested by Mayor Matti Herrera Bower)
(Legislative Tracking: Public Works)
R?C A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Amendment
To The Professional Services Agreement Between The City Of Miami Beach And Strategic
Advisory Group Dated October 19, 2011 For Consulting Services Relative To The Expansion And
Enhancement Of The Miami Beach Convention Center Campus/District In An Amount Not To
Exceed $198,835, Including All Reimbursable Expenses, With Previously Appropriated Funds
From FY 2012/2013 Operating Budget Fund 168 RDA City Center Operations.
(City Manager's Office)
R?D Resolution Approving A Modification To Settlement Agreement Between 120 Ocean Drive LLC,
And The City Of Miami Beach, And Authorizing The Mayor And City Clerk To Execute The
Modification, And Authorizing The City Manager And City Attorney To Take Such Actions As May
Be Necessary To Carry Out The Intent Hereof.
(City Attorney's Office)
R?E A Resolution Transmitting The Request From The City Attorney's Office And The Public Works
Department, For The Debarment Of Harbour Construction, Inc. Pursuant To Sections 2-397
Through 2-406 Of The Code Of The City Of Miami Beach To Aleksandr Boksner, Senior Assistant
City Attorney, Whom Shall Be Charged With The Duty Of Promptly Investigating And Preparing
All Necessary Written Report(s) Concerning The Proposed Debarment, And To Serve As The
Prosecuting Authority Before The Debarment Committee For The Presentation Of All Relevant
Evidence And Arguments For The Debarment Of Harbour Construction, Inc.
(City Manager's Office/City Attorney's Office)
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Commission Agenda, February 6, 2013
R9 ~ New Business and Commission Requests
R9A Board And Committee Appointments. (Page)
(City Clerk's Office)
R9A 1 Board And Committee Appointments -City Commission Appointments.
(City Clerk's Office)
R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.)
R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30p.m.)
R9C Update On The Miami Beach Convention Center Project.
(City Manager's Office)
R9D Discussion Regarding Items That Are Referred To Commission Committees To Be Reviewed If
Not Heard By That Committee Within (6) Six Months Of Its Referral Dates.
(Requested by Commissioner Jerry Libbln)
R9E Discussion In Reference To Committee On Quality In Education's Motion Regarding Dangerous
Pedestrian Crossing (Especially Child Pedestrians Coming From Nautilus Middle School)
Problem On 41st Street.
(Requested by Vice-Mayor Michael Gongora)
R9F Discussion Regarding Appointing A Commission Liaison To Report Back To The Mayor And
Commission In Regards To The Miami Beach Convention Center RFQ No. 22-11/12.
(Requested by Vice-Mayor Michael Gongora)
R9G Discussion And Presentation By Engineers From The Netherlands Who Will Share Insight Into
The Way They Manage Potential Flooding.
(Requested by Commissioner Jerry Libbin)
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Commission Agenda, February 6, 2013
R 1 0 -City Attorney Reports
R1 OA City Attorney's Status Report.
(City Attorney Office)
R1 OB Closed Attorney-Client Session
Pursuant To §286.011, Florida Statutes, The City Attorney Hereby Advises The Mayor And City
Commission That He Desires Advice Concerning The Following Pending Litigation Matter:
City Of Miami Beach v. 1747 Bay Road Properties, LLC
Therefore, A Private Closed Attorney-Client Session Will Be Held During The Lunch Recess Of
The City Commission Meeting On February 6, 2013, In The City Manager's Large Conference
Room, Fourth Floor, City Hall, To Discuss Settlement Negotiations And/Or Strategy Related To
Litigation Expenditures With Regard To The Above-Referenced Litigation Matters.
The Following Individuals Will Be In Attendance: Mayor Matti Herrera Bower; Members Of The
City Commission: Jorge Exposito, Michael Gongora, Jerry Libbin, Edward Tobin, Deede Weithorn
And Jonah Wolfson; Interim City Manager Kathie G. Brooks, City Attorney Jose Smith, And First
Assistant City Attorney Rhonda Montoya Hasan.
Reports and Informational Items
1. Reports and Informational items (see LTC No. 027-2013)
2. List of Projects Covered by the Cone of Silence Ordinance -LTC.
(Procurement)
End of Regular Agenda
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miomibeachfl,gov
HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA
THE REGULARLY SCHEDULED MEETINGS OF THE CITY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED
MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON MBTV 77, AND ARE AVAILABLE IN THE CITY
ClERK'S OFFICE. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 9:00 A.M. GENERALLY THE CITY
COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST.
1. DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The Forum is
split into two {2) sessions, 12:30 p.m. and 5:30p.m., or as soon as possible thereafter, provided that the Commission
Meeting has not already adjourned prior to the time set for either session of the Forum. In the event of adjournment prior
to the Stanley Sutnick Citizens' Forum, notice will be posted on MBTV 77, and posted at City Hall. Approximately thirty
(30) minutes will be allocated for each session, with individuals being limited to no more than three (3) minutes or for a
time period established by the Mayor. No appointment or advance notification is needed in order to speak to the
Commission during this Forum.
2. Prior to every Commission meeting, on Agenda and backup material are published by the Administration. Copies of the
Agenda may be obtained at the City Clerk's Office on Thursday morning prior to the regularly scheduled City Commission
meeting. The Agenda and backup materials are also available on the City's website: www.miamibeachfLgov the Thursday
prior to a regularly scheduled City Commission Meeting.
3. Any person requesting placement of an item on the Agenda must provide a written statement with his/her complete address
and telephone number to the Office of the City Manager, 1700 Convention Center Drive, 4th Floor, Miami Beach, Fl 33139,
briefly outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be
handled administratively, on appointment may be scheduled to discuss the matter with a member of the City Manager's staff.
"Requests for Agenda Consideration" will not be placed on the Agenda until after Administrative staff review. Such review will
ensure that the issue is germane to the City's business and has been addressed in sufficient detail so that the City Commission
may be fully apprised. Such written requests must be received in the City Manager's Office no later than noon on Monday of
the week prior to the scheduled Commission meeting to allow time for processing and inclusion in the Agenda package.
Presenters will be allowed sufficient time, within the discretion of the Mayor, to make their presentations and will be limited to
those subjects included in their written requests.
4. Once an Agenda for a Commission Meeting is published, persons wishing to speak on item{s) listed on the Agenda, other than
public hearing items and the Dr. Stanley Sutnick Citizens Forum, should call or come to City Hall, Office of the City Clerk,
1700 Convention Center Drive, telephone (305)673-7 411, before 5:00 p.m., no later than the day prior to the Commission
meeting and give their name, the Agenda item to be discussed, and if known, the Agenda item number.
5. All persons who have been listed by the City Clerk to speak on the Agenda item in which they ore specifically interested, and
persons granted permission by the Mayor, will be allowed sufficient time, within the discretion of the Mayor, to present their
views. When there are scheduled public hearings on an Agenda item, IT IS NOT necessary to register at the City Clerk 1s
Office in advance of the meeting. All persons wishing to speak at a public hearing may do so and will be allowed sufficient
time, within the discretion of the Mayor, to present their views.
6. If a person wishes to address the Commission on an emergency matter, which is not listed on the Agenda, there will be a
period allocated at the commencement of the Commission Meeting when the Mayor calls for additions to, deletions from, or
corrections to the Agenda. The decision as to whether or not the matter will be heard, and when it will be heard, is at the
discretion of the Mayor. On the presentation of an emergency matter, the speaker's remarks must be concise and related to a
specific item. Each speaker will be limited to three minutes, or for a longer or shorter period, at the discretion of the Mayor.
F:\CLER\CLER\CITYCLER\sutnick. v21.doc
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2013 Schedule of City of Miami Beach
City Commission and Redevelopment Agency (RDA) Meetings
Meetings begin at 9:00a.m., and are held in the City Commission Chambers, Third Floor, City Hall,
1700 Convention Center Drive, Miami Beach, Florida.
Commission Meetings Alternate Meetings
January 16 {Wednesday) January 23 (Wednesday)
February 6 {Wednesday} February 27 (Wednesday)
March 13 (Wednesday) March 20 (Wednesday)
April 17 (Wednesday) April 24 {Wednesday)
May 8 (Wednesday) May 22 (Wednesday)
June 5 (Wednesday)
July 17 Wednesday} July 24 Wednesday)
August -City Commission in recess
September 1 l (Wednesday)
October 16 (Wednesday) October 23 (Wednesday)
November 6 (Wednesday} -Election related only
November 20* (Wednesday) November 27 (Wednesday)
December 11 (Wednesday) December l 8 (Wednesday)
*If runoff election only F:\CLER\$ALL\a City Commission\2013 Schedule of City of Miami Beach.docx
14
Lobbyist's Name
Victor Diaz
Monika Entin
Rene Gonzalez
Raymond Jungles
Michael Larkin
David Martin
Pedro Martin
Kevin Regalado
Kent Robbins
Joshua Sperduti
Monica Vazquez
CITY CLERK'S OFFICE
LOBBYIST LIST
February 6, 2013 Commission Meeting
Retained by Principal Date Registered
120 Ocean Drive, LLC 10/30/2012
120 Ocean Drive, LLC 01/14/2013
120 Ocean Drive, LLC 11/01/2012
120 Ocean Drive, LLC 01/17/2013
David Martin, 120 Ocean Drive, LLC 10/30/2012
120 Ocean Drive, LLC 01/17/2013
120 Ocean Drive, LLC 01/17/2013
120 Ocean Drive, LLC 11/01/2012
120 Ocean Drive, LLC 01/15/2013
120 Ocean Drive, LLC 11/01/2012
120 Ocean Drive, LLC 11/01/2012
*Item numbers subject to change
F:\CLER\COMMON\2013102062013\LOBBYIST LIST.Docx
15
Amount
Disclosed
$750 per hour
$310 per hour
350 per hour
No compensation
$445 per hour
No compensation
No compensation
$200 per hour
75 per hour
150 per hour
$200 per hour
PA
PRESENTATIONS
AND
AWARDS
"tJ
)>
Presentations and Awards
PA1 Certificates Of Completion To Be Presented To The City Of Miami Beach Neighborhood
Leadership Academy Graduates.
(City Manager's Office)
PA2 Certificates Of Recognition To Be Presented To Jesus Martinez and PNP Beach
Restaurant.
(Requested by Commissioner Jonah Wolfson)
(Deferred from January 16, 2013)
PA3 Certificates Of Recognition To Be Presented To The Principal, Vice Principals And
Teachers Of Nautilus Middle School In Miami Beach.
(Requested By Vice Mayor Michael Gongora)
PA4 Proclamation To Be Presented To Joe's Stone Crab For Their 100th Year Anniversary.
(Requested By Vice Mayor Michael Gongora)
17
Agenda Item PA 1--V
Date ~ ... b-15
C2
COMPETITIVE BID REPORTS
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Issue A Request For Proposals (RFP) For The Comprehensive Professional
Tennis Management And Operations Services At The City's Flamingo And North Shore Park Tennis
Centers.
Ke_y Intended Outcome Supported:
Increase satisfaction with recreational programming
Supporting Data (Surveys, Environmental Scan, etc.):
Recreation programs received excellent or good ratings from 85% of residents interviewed in the 2012
Resident Satisfaction Survey.
Item Summary/Recommendation:
The current agreement with Greensquare Inc., for the management and operations of the City's tennis
centers expired on April 15, 2012. On February 8, 2012, the Commission approved the Finance and
Citywide Committee's recommendation to extend the agreement on a month to month basis until a RFP is
issued and a new agreement is awarded.
On June 6, 2012, the Commission referred a discussion to the Land Use and Development Committee
regarding the possible bifurcation of the Maintenance component of the Tennis Centers from the
Operations and Management of the Tennis Centers. The discussion item was deferred at various LUDC
meetings and ultimately discussed at the December 19,2012 meeting. The Committee recommended not
to bifurcate the maintenance from the operations, and further recommended be place greater emphasis on
maintenance standards and requirements in the RFP.
In addition to the revised the scope of services to include greater emphasis on maintenance standards, the
Administration further facilitated a public Industry Review Meeting on January 22, 2013 with the intent of
obtaining feedback on the proposed revised scope of services; the RFP requirements; and to consider
best practices or operations efficiencies that may be proposed by the attendees.
It is the Administration's objective that by issuing the Request For Proposals (RFP) at this time there will be
no break in the operations or services at the City's tennis centers. The proposed time line will permit the
submission of responses, an evaluation committee process, and sufficient time to negotiate and award a
contract that is in the best interest of the City to be in place as the newly constructed Flamingo Tennis
Center fully reopens.
The final price and terms for the agreement will be negotiated after City Commission approves
authorization to negotiate. The contract shall be for a three (3) year term, with two (2) one-year renewals
at the City's option. The Administration recommends approving the issuance of the RFP.
Adviso Board Recommendation:
Finance Citywide and Land Use Development Committees' recommendations have been incorporated into
the memo.
Financial Information:
Source of Amount
Funds: 1
D 2
3
OBPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
Department Director
KS AD
T:\AGENDA\2013\February
MIAMI BEACH
PDW
mmary.doc
19
Account
City Manager
AGENDA ITEM _C_~_IJ __
DATE 0?-h-B
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager?~ ·
February 6, 2013
REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR
THE COMPREHENSIVE PROFESSIONAL TENNIS MANAGEMENT AND
OPERATIONS SERVICES AT THE CITY'S FLAMINGO AND NORTH SHORE PARK
TENNIS CENTERS.
ADMINISTRATION RECOMMENDATION
Approve issuance of the RFP.
KEY INTENDED OUTCOME
Increase satisfaction with recreational programs.
ANALYSIS
The current agreement with Greensquare Inc., for the management and operations of the City's
tennis centers was due to expire in April, 2012.
On October 27, 2011, the Finance and Citywide Projects Committee held a discussion pertaining to
the "Issuance of the Request for Proposals (RFP) for the Comprehensive Professional Tennis
Management and Operations Services at the City's Flamingo Park and North Shore Park Tennis
Centers". The discussion focused on the issues related to the timing of the issuance of this RFP,
taking into consideration that the Flamingo Park Tennis Center was anticipated to be under
complete reconstruction in the near future. It was reported at that time it was anticipated that the
demolition and construction of the Flamingo Park Tennis Center would begin in January, 2012. It
was further reported that the construction would take approximately one year, with an expected
completion date of January, 2013. Since that meeting, this schedule has now been modified with
the actual construction beginning in May, 2012. It is currently projected the Flamingo Park Tennis
Center will be completed and ready for its grand reopening early summer, 2013.
Following discussion of the issue at their October 27, 2011 meeting, the Finance and Citywide
Projects Committee recommended that the RFP for the selection of the operator of the City's tennis
facilities not be issued at that time but, rather, that the RFP be issued with sufficient time for the
selected operator to be able to assume operations of the tennis facilities concurrent with the opening
of the renovated Flamingo Park Tennis Center. As such, they recommended the extension of the
current Agreement with Greensquare, Inc. on a month-to-month basis until such time as that
competitive process is complete. On February 8, 2012, the Commission approved the Finance and
Citywide Committee's recommendation to extend on a month to month basis the aforementioned
agreement until such time that an RFP be issued to coincide with the conclusion of construction and
20
Commission Memorandum-Tennis Management RFP
February 6, 2013
Page 2 of 16
the re-opening of the Flamingo Park tennis center.
On June 6, 2012, Commissioner Wolfson referred a discussion to the Land Use and Development
Committee regarding the possible bifurcation of the Maintenance component of the Tennis Centers
from the Operations and Management of the Tennis Centers. The item was deferred from the
September and November LUDC meetings and subsequently discussed at the December 19, 2012
meeting. The Committee discussed the item and recommended not to bifurcate the maintenance
from the operations. However, the Committee did recommend a great emphasis be placed on
maintenance standards and requirements in the RFP.
In addition to the revised the scope of services to include greater emphasis on maintenance
standards, the Administration further facilitated a public Industry Review Meeting on January 22,
2013 with the intent of obtaining feedback on the proposed revised scope of services; the RFP
requirements; and to consider best practices or operations efficiencies that may be proposed by the
attendees.
The attendees to the Industry Review Meeting included industry matter experts, residents, and
members of the Tennis Advisory Committee. Their suggestions, recommendations, and opinions
have been reviewed and considered by the Administration. The scope of services being provided for
your review has been revised to include the Industry Review Meeting's feedback.
At the January 28, 2013 Tennis Advisory Committee meeting, the members of the committee
discussed the timing of the issuance of the RFP and its impact on the Summer Program curriculum
and registration, and more specifically the impact on existing employees and Tennis Professionals
that have been involved with prior Summer programming. The committee's desire was to encourage
the new contractor and agreement to consider hiring those professionals that have good reputations
and are familiar with the participants ..
It is the Administration's objective that by issuing the RFP at this time there will be no break in quality
operations or services to the City's tennis playing residents and guests. The time line as indicated
below will permit the timely submission of responses, an evaluation committee process, and
sufficient time to negotiate and award a contract that is in the best interest of the City.
Term and Performance Bond
The terms of the agreement will be negotiated after the City Commission approves authorization to
negotiate. The contract term shall be for a three (3) year term, with two (2) one-year renewal
options at the City's option. A Performance Bond or irrevocable Letter of Credit in the amount of
$50,000 will be required prior to the final execution of the Agreement.
Revenue
Revenue history for the past 3 years shows that, on average, 55% of all revenues generated are
from Flamingo Park, and 45% from North Shore Park. The fiscal year totals are as follows:
10/1/11-9/30/12
1 0/1/1 0-9/30/11
10/1/09-9/30/10
Tennis Services
$ 658,000
$615,000
$550,000
Food and Beverage
$51,000
$46,000
$35,000
Total
$709,000
$661,000
$585,000
The following is an overview of the scope of services for the Request For Proposals (RFP) including
but not necessarily limited to:
21
Commission Memorandum-Tennis Management RFP
February 6, 2013
Page 3 of 16
SCOPE OF SERVICES
The management of the public tennis facilities shall include the operation and maintenance of the
tennis courts, pro shop, a food and beverage concessions and other tennis related operations as
approved by the City. Services shall include those customarily associated with the operation of a
public tennis center and permitted special events related to the tennis center activities.
A. PREMISES TO BE MANAGED
The City-owned Flamingo Tennis Center, (currently under construction) located at 11 1h Street
and Jefferson Avenue, and North Shore Tennis Center located at 501 72nd Street, together
with all buildings, improvements and fixtures located thereon.
• Flamingo Park Tennis Center-17 newly constructed Fast-Dry subsurface watered
clay tennis courts, new Musco sports lighting on all courts, newly constructed Tennis
Center/Pro-shop with locke rooms, interior meeting and storage space, outdoor patio
seating areas, in park parking lot. See attached site plans for the new facilities. It is
currently anticipated that the brand new Flamingo Park Tennis Center will be
completed in early-mid-summer, 2013.
• North Shore Tennis Center-10 Welch clay hydro courts + 2 hard surface tennis
courts with Musco lighting, pro-shop/concession office, lockerooms, outdoor patio
seating, in park parking lot.
B. SERVICES TO BE PROVIDED AND MANAGEMENT COMPANY STANDARDS
The operation of the City of Miami Beach's public tennis facilities shall include the operations
and maintenance of the tennis courts, pro shop, a food and beverage concession as
determined by the City but which shall not, in any event conflict with those certain food and
beverages offered by the City's exclusive vending concessionaire's agreement, as such
agreement specifically mentions the inclusion of tennis centers, facilities and other tennis
related operations as approved by the City. Services shall include those customarily
associated with the operation of a public tennis center and permitted special events related
to the tennis center activities. Services shall include but not be limited to:
•
•
•
•
Provide, promote and instruct lessons in the game of tennis by certified
and licensed tennis professionals to individuals, groups and clinics.
Said service shall offer the tennis patron a choice of instructor levels
and hourly fee commensurate with the instructor's level.
Provide the City of Miami Beach Parks and Recreation Programs: two
(2) courts at each center twice per week for two (2) hours on a schedule
to be determined by the City, to provide free instructional lessons to
after school participants, at no cost to the City.
Coach tennis teams sanctioned and approved by the City's Parks and
Recreation Department, such services to be provided for a coaching fee
or free, depending on mutual advance agreement of the City.
Offer demonstrations and instruction on all aspects of the game of
tennis in promotion of the Center. Such demonstrations may be either
for a fee or free of charge, depending on mutual advance agreement of
22
Commission Memorandum-Tennis Management RFP
February 6, 2013
Page 4 of 16
the City.
• Establishment and management of tournaments including those
requested by the City, including participation in establishing specific
needs for individual tournaments.
• Promote junior tennis by establishing a junior tennis team or league (s).
• Provide advice to the City of changes, regarding the tennis industry in
general, tennis rules and regulations, equipment and promotional
methods associated with the operation of public tennis facilities.
• Provide Seasonal group clinics to the community.
• Overall Management of the City's Tennis Centers while utilizing the City
of Miami Beach Recreation Computer Software and in accordance with
City directives and policies including but not limited to:
a. Tennis court reservation services.
b. Facility I court monitoring to prevent lessons being given while
courts are closed.
c. Tennis lessons reservations.
d. Food and beverage concession/ service acceptable to the City.
e. Pro shop operations.
f. Daily and routine maintenance of the buildings, facilities, courts,
machinery and grounds as determined by the City, which may
include but not limited to:
• Windscreens
• Nets
• Weeds on Courts
• Restrooms
• Pro Shop Cleanliness
• Litter Control
g. Booking of local, regional and state, international or charity tennis
tournaments.
h. Marketing, promotion and advertising of the City's Tennis Centers
to residents, day guests and Miami Beach hotels.
i. Provision of summer and specialty camps based the established
Recreation Division format.
j. Must adhere to all City of Miami Beach established tennis center
fees, regulations and rules.
k. Tennis professionals must possess and maintain a Business Tax
Receipt.(aka-Occupational License)
!. Collection and accounting of all revenues.
m. Payment and accounting of all expenses in a timely manner.
n. Formulation and implementation of operating programs, business
plans, and budgets.
o. Handling of personnel including employment, (including certified
background investigations, in a format acceptable to the City),
23
Commission Memorandum-Tennis Management RFP
February 6, 2013
Page 5 of 16
training, and terminations. All personnel must undergo drug
screening and must be hired according to specific job
descriptions. These certified backgrounds may be updated
annually at the discretion of the City. Also see Section H:
Screening, Interviewing, Testing and Training
p. Preparation of monthly and annual Financial Statements, which
the City reserves the right to audit at any time.
q. Operate the tennis centers facilities as determined by established
professional tennis management best practices and the City, to
include having a manager on site during all operational or open
hours to handle day to day operations and customer concerns.
r. At minimum, comply with the City's facility and courts'
maintenance standards as established by the City and the tennis
courts manufacturer's standards and guidelines for hydro-courts
or other tennis court systems installed at the City's Tennis
Centers. (See Exhibit A) To include, monthly maintenance
inspections by City approved outside independent certified tennis
court builder/manufacturer to ensure courts are up to industry
standards. Such inspections are to be paid by the city, for as long
as it is required by the City or as necessary to assure consistency
by the management company. The management company will be
responsible for corrective actions when identified within a
reasonable amount of time based on industry standards for such
repairs, or immediately corrective action shall be taken by the
management company when it addresses Life Safety situations.
s. Designated staff will be required to attend industry standard
training on court maintenance as mandated by the City and as
required.
t. The management company must supply their own tools to
maintain surrounding areas within the tennis center, as well as
provide water coolers, ice, water and cups at the courts for patron
use.
u. The management company and its employees and/or
independent contractors, and its sub-contractor employees shall
wear appropriate tennis apparel or company uniform, such that
Center patrons can easily identify its employees and/or
independent contractor.
Management company Standards:
1. Quality of Operation/Operation Plan: The management company shall provide all
maintenance services required herein in a workmanlike and professional manner; shall
conform to professional and industry standards; shall keep all areas in a clean, orderly and
safe condition; and satisfactory to the City at all times. The management company agrees to
be bound by all applicable Federal, State, City, and Municipal laws, ordinances and
regulations to the same extent as if said requirements were expressly written herein. In the
event that the management company is unable to meet the City's cleanliness, maintenance
standards or scope of services required herein to the satisfaction of the City, the City
reserves the right to increase the hours of operation and/or required staff at no additional
cost to the City.
24
Commission Memorandum-Tennis Management RFP
February 6, 2013
Page 6 of 16
2. Personnel
a) The management company must provide a proposed staffing plan, including sub-
contractors for maintenance, if any, detailing the number of workers, man-hours, shift
schedules, routing schedules, and job tasks for each worker during all hours of
operation. This plan must include coverage of the entire service area for all services
required pursuant to this proposal. The management company must provide an
adequate number of employees and man-hours, as agreed to during negotiations
with the City, in order to complete the services provided for herein to the City. All
personnel must be hired according to specific qualification as stated in the Job
Descriptions provided in "Exhibit B". The management company shall provide full
resumes of the key personnel assigned, including any sub-contractor, if any, to this
proposal and must meet the qualifications stated in said job descriptions.
b) The Management company's and sub-contractor's employees shall be clean,
courteous, qualified, efficient and neat. The management company or Sub-
contractor shall not employ any person or persons who shall use improper language
or act in a loud or boisterous or otherwise improper or inefficient manner. The
management company agrees to promptly remove from service any employee or sub
contractor's employee whose conduct the City determines to be detrimental to the
best interests of the City.
c) All employees shall wear clean uniforms at all times. Uniforms shall consist of shirts,
pants, hats, appropriate footwear, and cold/wet weather gear (when necessary).
Each uniform shall display the name and logo only and the uniform shall be
approved by the City. The cost of the uniforms shall be the responsibility of the
management company.
3. Equipment
The City recommends, at minimum, the following maintenance equipment (or its equivalent)
to be procured for use by the management company personnel on a daily basis and as
appropriate to the task:
a) Blowers
b) Trimmers
c) Hot water/pressure washing
d) Trash cans with rollers
e) Brooms & pans
f) Rakes
Alternative to this recommended equipment list may be made at the discretion of the
proposer as long as the appropriate specifications and product information is provided to the
City in advance.
All specified equipment purchased for this contract shall be used by the management
company for the performance of this contract and shall have a prominently displayed
standardized logo to be approved by the City. The proposer must submit a list of all
equipment, with quantities, which is intended to be used in connection of the performance of
this contract.
25
Commission Memorandum-Tennis Management RFP
February 6, 2013
Page 7 of 16
The management company shall maintain, in accordance with the manufacturer's
specifications and maintenance requirements, all equipment, whether City owned or owned
by the management company, herein specified and purchased. All equipment shall be kept
clean, fully functional and free of damage.
4. Maintenance Supplies
a) The management company shall bear at its own expense all costs of operating and
furnishing tennis court maintenance services and shall pay all costs connected with
the fulfillment of this contract.
b) The management company will be required to supply and furnish at its sole cost and
expense any and all supplies necessary to properly maintain the tennis courts, tennis
center building(s) restrooms and realted facilities and the surrounding areas
c) All products and supplies used and furnished must conform to the highest industry
standards.
d) The management company will be responsible for supplying garbage bags.
e) The Contractor shall provide the designated City staff, a list of all cleaning solvents,
solutions, agents, chemicals, detergents, and any other fluids or materials used in
the provision of the maintenance services, and their corresponding OSHA Material
Safety Data Sheets, where applicable.
5. Communications
The management company shall submit to the City-for review and approval prior to the
initiation of contract activities-a communication plan addressing routine, scheduled, and
emergency maintenance and repair activities that may impact the operation of the
Tennis Centers. All communications shall be directed to: the appropriate City staff.
6. Safety Regulations
The management company and its sub-Contractors, if any, shall adhere to the
Occupational Safety and Health Administration's (OSHA's) most recently published
Safety and Health Regulations and general Occupational Safety and Health Standards,
where applicable.
7. Fines and Penalties
The City reserves the right to levy fines against the management company when it has
been determined that it is not meeting the necessary work requirements. The table
below depicts areas where fines will be levied.
Work Activity
Quality of Operations
PeffionneiShortages
Personnel Dress Code
Equipment Deficiencies
Supplies
Program Management
Communications
Life Safety Maintenance
Comments
Grace Period
24 hours
4 hours
8 hours
72 hours
8 hours
24 hours
48 hours
2 hours
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Commission Memorandum-Tennis Management RFP
February 6, 2013
Page 8 of 16
Fines for failures to complete corrective action for any of the work activities listed above is
as follows:
-$100 after failing to complete corrective action after two (2) notifications
-$200 after three (3) notifications
-$500 after four (4) notifications
If additional time is required to complete corrective action, a written request must be
submitted for approval to the City prior to the end of the grace period. The basis for the
implementation of fines and penalties includes but is not limited to the following:
• Quality of Operations -Inability to provide service in a workmanlike and professional
manner; failure to conform to professional and industry standards; unable to provide
maintenance services in a manner in clean orderly and safe condition; and inability
to meet the City's established tennis court maintenance standards in accordance
with the Tennis Court Manufacturer's standards and guidelines for hydro-courts or
other similar tennis court system.
• Personnel Shortages-Failure to provide a staffing plan that meets the maintenance
coverage requirements of the service area, and/or failure to provide the necessary
on-site personnel in accordance to the staffing plan.
• Personnel Dress Code -Failure of employees to meet uniform requirements,
including wearing clean uniforms.
• Equipment Deficiencies -Inability to fully operate; in non-functional condition; in
state of disrepair and or visibly damaged; lacking maintenance; and not generally
maintained and in clean condition.
• Supplies-Failure to provide the supplies necessary for the proper execution of the
program or maintenance service specified.
• Program Management -Failure to implement a comprehensive management
program to respond to City and/ or stakeholder requests for services and
maintenance issues covered by the Contract.
• Communications-Failure to submit an approved communications plan addressing
routine, scheduled, and emergency maintenance and repair activities, and failure to
provide timely notifications as previous prescribed.
• Safety Regulations -Failure to adhere to OSHA's most recently published Safety
and Health Regulations and general Occupational Safety and Health Standards.
8. Quality Control/ Quality Assurance (QC/QA)
The goal of the City is to improve the actual and perceived maintenance and playability of the
tennis courts through a continuous quality improvement program driven by the Management
company's QC/QA Management Plan.
a) QC/QA Management Plan
The proposer shall submit a detailed plan outlining the quality management procedures
and responsibilities for the workmanlike and professional performance of the key
maintenance and repair processes associated with this Contract. The proposer shall
describe how it will measure quality and performance thresholds for work performed under
this Contract. The mutually agreed QC/QA Management plan will be subject to review and
input by the City.
b) Quality Control Plan
27
Commission Memorandum-Tennis Management RFP
February 6, 2013
Page 9 of 16
The proposer shall list all subcontractors and suppliers and describe the system that it will
use to manage, control, and document its own, sub-Contractors' and suppliers' activities to
comply with all contract requirements.
c) Quality Assurance Plan
The proposer shall identify what specific activities shall be monitored; describe the
performance standards and measures associated with these activities that will be used to
determine if the work performed by personnel or by the sub-Contractor's personnel meets
the requirements and intent of the Contract; and provide a format for reporting the results of
the QC plan as part of a monthly activity report.
9. Reporting Requirements
The management company must provide a receipt to each customer for each transaction
performed. Signage will be required to indicate that if no receipt is produced, the transaction
will be free of charge.
a) Daily Activity Report
The management company shall update and maintain a daily maintenance log with
maintenance information for reporting to the City.
b} Monthly Activity Report
i. The management company shall provide a monthly activity report/revenue
report which shall be submitted to the City by the 1 01h day of each month.
ii. The monthly reports shall include, but not be limited to the following
information: a general description of the work performed; a comprehensive
break-down of all day play, clinics, tournaments and revenues generated in
the prior month by category, and other performance measures as determined
by the City.
iii. The monthly report shall also include a work plan to adequately address
Continuous Quality Improvement goals in the Management Company's
QC/QA management plan.
iv. The City reserves the right to add, delete or modify the data collected in
order to adequately monitor performance of the management company.
The reporting of all revenues and expenses will be timely and on a monthly
basis. The use of City owned software for recreation, revenue, and point of
sale reporting is to be used, when provided.
c) Annual Report
The management company shall also provide to the City's designee an annual report
with an established work plan and goals for the upcoming calendar year and
quarterly reports including updates of the annual work plan and goals, Financial
Statements, Revenue Summary Reports, Maintenance Summary Logs of materials
used, etc ...
C. FEES STRUCTURE
28
Commission Memorandum-Tennis Management RFP
February 6, 2013
Page 10 of 16
The management company will collect all revenues generated at the Flamingo and North
Shore Tennis Centers on behalf of the City and deposit them daily into a City of Miami
Beach/Management Company shared account established by the City.
Proposer shall propose a minimum monthly guaranteed fee to be paid to the City, plus a
percentage of Gross Revenue, when the Gross Revenue is in excess of $610,000, to be
paid monthly thereafter (The City's average Gross Revenue collected at both Tennis
Centers over the past three (3) years).
During the negotiation process, the City reserves the right to negotiate any fee structure
proposed. The City will be guaranteed and shall retain its negotiated minimum fee and
percentage of gross receipts I revenue for both tennis facilities.
D. TERM
The terms of the agreement will be negotiated after City Commission approves
authorization to negotiate. The contract term shall be for a three (3} year term, with two (2)
one-year renewal options at the City's option.
A Performance Bond or irrevocable Letter of Credit in the amount of $50,000 will be
required prior to the final execution of the Agreement.
The City shall have the option to terminate this Agreement at its convenience and without
cause with sixty (60) days written notice to the management company.
E. CITY'S RESPONSIBILITIES UNDER THIS CONTRACT
The City will pay for local telephone, basic cable, electricity, water, and the 3rd party
independent contractor hired to evaluate the maintenance of the courts at both facilities.
F. COMMISSION APPROVED FEES FOR TENNIS
The Commission approved tennis fees are presented in Exhibit D. These fees are to be
used by the proposers for any revenue projections. Any future fee increases, if any, will
require Commission approval.
G. CUSTOMER SERVICE STANDARDS
City employees have been trained and are expected to perform to the City of Miami Beach's
customer service standards. All vendors and contractors that are partnered with the City are
also expected to perform and comply with these customer service standards. The customer
service standards are provided below and are segmented based on different forms of
customer interactions. Information is also provided on how these customer standards are
monitored.
Telephone
• Telephones will be covered at all customer-contact points during normal business hours
answering within the third ring.
• Phone messages received will be responded to (if requested) in a timely manner, two
business days, even if just to acknowledge receipt. An estimate of time to resolve the
problem to be given if applicable.
29
Commission Memorandum-Tennis Management RFP
February 6, 2013
Page 11 of 16
• Calls coming from external sources will be answered with a consistent greeting such as
"Good morning, City of Miami Beach, North Shore Park Tennis Center, John Smith, may
I help you?"
• Employee will take responsibility for providing a solution and/or options to the customer's
request.
• Request permission from the caller before transferring a call, provide the caller with the
name and number of the person being transferred to, and stay on the line to announce
the caller to the person receiving the transfer. If the transfer cannot be accomplished
(busy, no answer or the person is unavailable), the employee will reconnect with the
caller and ask if they want to leave a message.
• Voice mail messages will include employee's full name, working hours, and optional
phone number to call. When employee is away for an extended period of time, the voice
mail message will communicate such absence and offer an option for the caller.
• Thank the customer for calling and ask if further assistance is needed prior to concluding
the call.
Written Correspondence
• Correspondence start with a greeting
• E-mail signatures (e-mail) will include the name, title, department, division, and contact
number.
• Activate the e-mail Out-of Office Assistance when away from the office for an extended
period of time.
• Acknowledge e-mails and faxes that require a response within two business days.
• Respond to letters within 5 business days.
• Use correct spelling and grammar, including accurate name and address.
• Provides complete, accurate, and precise information regarding their inquiry.
• Fax cover sheets will be legible and include name, telephone number, and the name and
fax number of the receiver.
Personal Contact
• Respond to customers in a courteous manner ... the customer is not always right, but
always deserves to be treated with respect.
• A receipt will always be supplied to the customer.
• Provide accurate and understandable solutions/options to customer requests or directs
the customer to the appropriate person who may have knowledge in the subject matter.
• Average or maximum wait time without an appointment should be no longer then 30
minutes or scheduled for a mutually convenient time.
30
Commission Memorandum-Tennis Management RFP
February 6, 2013
Page 12 of 16
• Counter will be staffed during business hours.
• Employees will dress in attire that is professional, tasteful, appropriate and consistent
with the individual departmental policies. Staff will be in uniform at all times.
Cleanliness Index Standards
The Cleanliness index (Exhibit C) is a set of standards that are used to measure the
cleanliness of the City of Miami Beach's public areas.
The Cleanliness Index provides standards on rating the cleanliness on:
Litter I Trash
Litter I Garbage Cans
-Organic Materials
Monitoring our Standards
• Our customer service team will oversee all customer service standards.
• If we do not meet our standards, we will implement an action plan to improve our service.
• We will listen and do all we can to resolve issues.
• For questions and/or concerns, contact the Answer Center at 305-604-CITY.
H. CORPORATE RESPONSIBILITY
The management company shall provide a "Corporate Responsibility Plan", which describes
in sufficient detail how the management company plans and expects to integrate into the
Miami Beach community, and fit into the community as a "good corporate citizen". In
developing their Plan, the management company's focus should be to establish a balance
between developing opportunities with the City; stimulating and rewarding their employees;
developing optimum customer satisfaction; working with and supporting our local community;
and sustaining the environment where they operate.
Items to include in the management company's "Corporate Responsibility Plan" should
address (but not necessarily be limited to) the following:
A. The management company's approach, and policies and procedures, detailing the hiring
and promotion of employees, including the following:
IJ In addition to payment of the required hourly Living Wage and the Equal Benefits
requirements, both which are required under this RFP, what other benefits,
programs, and/or other compensation or incentives does the Management company
offer to its employees?
B. In addition to subsection (A) above, describe any other programs that the management
company maintains for the welfare and benefit of its employees.
C. Is the management company a responsible corporate citizen and, to that end, what
contribution(s) does the management company make to the community(ies) in which it
currently does business? Describe how the management company is "making a
31
Commission Memorandum-Tennis Management RFP
February 6, 2013
Page 13 of 16
difference" for the betterment of the community(ies) where it operates. Items to address
may include, but not be limited to:
[I Participation in local community organizations.
Membership in local civic and charitable organizations including, in particular, any
specific programs and/or initiatives that the Management company has either
established or (if established) that the Management company actively participates in.
D. Is the management company's firm environmentally conscious; include any efforts
and/or programs and/or initiatives that the management company has established, either
within its firm or in the community, which demonstrate the management company's
involvement in, and commitment to the betterment of the environment through
sustainability (i.e. "green initiatives").
E. With regard to the City of Miami Beach, describe in sufficient detail what public benefits,
including any specific programs, initiatives, and/or other contributions which the
management company would plan to "give back" to the Miami Beach community should
it be awarded this contract. This should include (but not be limited to) the Management
company's commitment to hire as many qualified Miami Beach residents as possible.
I. Screening, Interviewing, Testing and Training:
The management company will be responsible for screening, interviewing, testing, and
training to include, but not be limited to:
-In depth interview that includes job preferences, experience, goals, interests, attitudes,
motivation and other work-related attributes.
-Background checks to include the Florida Department of Law Enforcement (FDLE)
and Miami-Dade County as well as credit history for positions that may requires the
handling of City funds.
-Verification that its employees are not convicted sex offenders.
-Training employees on the City's Service Excellence program.
The Management Company is responsible for conducting background checks in accordance with
the Jessica Lunsford Act requirements on all employees assigned to this engagement and providing
clearance certification for each Management Company's employee prior to the employee
commencing duties at any City facility.
MINIMUM REQUIREMENTS
1. Have a minimum of five (5) years of verifiable experience, within the last ten (10)
years in the following tennis related fields:
a. Management and/or operation of a tennis center of similar quality, facilities
and amenities of the Flamingo or North Shore Tennis Centers as verified and
supported by references, letters, and other necessary evidence from all
employers and/or public agencies, including but not limited to disclosure of
all non-contract renewal for management and/or operation of tennis facilities.
This requirement requires verifiable experience by means of prior
employment confirmation, copies of prior agreement, or any other documents
that verify the required experience. In order to be deemed responsive, the
proposing management company, and any Sub-Contractor or Subsidiary
included in the proposal must submit the required documentation.
32
Commission Memorandum-Tennis Management RFP
February 6, 2013
Page 14 of 16
b. Pro shop operations, including scheduling or management of tennis lessons,
equipment repairs, food and beverage and merchandise sales. This
requirement requires verifiable experience by means of prior employment
confirmation, copies of prior agreement, or any other documents that verify
the required experience. In order to be deemed responsive, the proposing
management company, and any Sub-Contractor or Subsidiary included in the
proposal must submit the required documentation.
c. Documented evidence of tennis (hard surface and clay) court maintenance
experience and operations. Such evidence to include and be in line with the
tennis courts manufacturer's maintenance standards for each Tennis Facility.
If a 3rd party subcontractor is being hired the by the Management company
for maintenance of the clay courts, said 3rd party must be included as part of
this proposal and such subcontractor must present documented evidence
and meet the minimum five (5) years of experience in this field. This
requirement requires verifiable experience by means of prior employment
confirmation, copies of prior agreement, or any other documents that verify
the required experience. In order to be deemed responsive, the proposing
management company, and any Sub-Contractor or Subsidiary included in the
proposal must submit the required documentation.
2. Have a Head Teaching Professional that is a certified Tennis Professional by
USPTA and/or USPTR. The Head Tennis Professional and/or Center Manager(s)
must demonstrate knowledge and experience in tennis instruction and related
activities, facility management, tennis court maintenance and related activities, as
well as, knowledge of the legal requirements that are involved in this type of
operation
3. Operational Plan: Proposer must provide functional the operating plan which
describes the operating policies and procedures to be employed by the management
company. Describe any proposed initiatives which would improve the revenue to the
City. The Operating Plan shall at a minimum include the staffing levels, maintenance
procedures, operating procedures, maintenance plan, and food and beverage
operations.
4. Show its financial capacity by means of a D-U-N-S Number and prepared Financial
Statements. The City reserves the right to request additional financial information as
needed.
EVALUATION PROCESS
The procedure for Proposal evaluation and selection is as follows:
1) Request for Proposals issued.
2) Receipt of proposals.
3) Opening of responses and determination if they meet the minimum standards of
responsiveness.
4) An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
33
Commission Memorandum-Tennis Management RFP
February 6, 2013
Page 15 of 16
proposal in accordance with the requirements of this RFP. The Management company may
be requested to make additional written submissions or oral presentations to the Evaluation
Committee.
5) The Evaluation Committee shall recommend to the City Manager the proposal or proposals
acceptance of which the Evaluation Committee deems to be in the best interest of the City.
The Evaluation Committee shall base its recommendations on the following factors, for a total of 100
possible points:
1. Qualifications of the Proposer (25 points)
• Qualifications of the management company, key personnel proposed, and the
maintenance Sub-Contractor, if any, as part of the Team.
• Past Performances based on number and quality of the Performance Evaluation
Surveys.
• Financial Capacity.
2. Scope of Services (25 points)
• Strengh and Sustain ability of the Operating Plan.
• Maintenance Procedures including the quality of the Maintenance Sub-Contractor.
3. Methodology and Approach (25 points)
• Corporate Responsibility (Communityinvolvement/Ciinics/Tournaments)
• Strength of the QC/QA plan
4. Fee Proposal (25 points)
LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to
Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as
defined in the City's Local Preference Ordinance.
VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5) points to
Proposers, which are, or include as part of their proposal team, a small business concern owned
and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the
City's Veterans Preference Ordinance.
6) After considering the recommendation(s) of the Evaluation Committee, the City Manager
shall recommend to the City Commission the response or responses, acceptance of which
the City Manager deems to be in the best interest of the City.
7) The City Commission shall consider the City Manager's recommendation(s) in light of the
recommendation(s) and evaluation ofthe Evaluation Committee and, if appropriate, approve
the City Manager's recommendation(s ). The City Commission may reject the City Manager's
recommendation(s) and select another response or responses. In any case, City
Commission shall select the response or responses, acceptance of which the City
Commission deems to be in the best interest of the City. The City Commission may also
reject all proposals.
8) Negotiations between the selected respondent and the City take place to arrive at
agreement terms. If the City Commission has so directed, the City may proceed to negotiate
34
Commission Memorandum-Tennis Management RFP
February 6, 2013
Page 16 of 16
an agreement with a respondent other than the top ranked respondent if the negotiations
with the top ranked respondent fail to produce a mutually acceptable agreement within a
reasonable period of time.
9) A proposed contract or contracts are presented to the City Commission for approval,
modification and approval, or rejection.
1 0) If and when a contract or contracts acceptable to the respective parties is approved by the
City Commission, the Mayor and City Clerk sign the contract(s) after the selected
respondent(s) has (or have) done so.
Should the Mayor and Commission authorize the issuance of this RFP, all procurement rules (i.e.
Cone of Silence, etc.) will apply.
CONCLUSION
The Administration recommends that the Mayor and the City Commission authorize the issuance of
a Request for Proposals (RFP) for the comprehensive professional tennis management and
operation services at the City's Flamingo and North Shore Park Tennis Centers.
35
-~
Exhibit A
PARKS AND RECREATION DEPARTMENT
WELCH
MAINTENANCE STANDARDS
36
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W~l,ch Ten.Ws Co\Uts
1-800-2824415
info@welchtennis.com
RE.jiSTER I :3!GN II~
The following procedures are offered as guidelines for maintaining the court although there may be variations in rrequency due
to weather conditions. amount of play and physical location.
1. The court should be drag brushed at the end of play each day with all indentations and scuff marks smnothed out. The
court may be drag brushed at other times as required to smooth the surface.
2. The playing lines should be brushed clean before ~ay and as required during play
3. The court should be rolled ff it becomes soft or W the playing lines should become loose It is not necessary to roll the
· court on a regular basis and. given frequent play on the court. rolling will probably be required only on rare occasions.
4. The court should be obseM!d periodically following rain to see if any areas (birdbaths) drain more slowly than the rest of
the court Any such areas (which occur most frequently just behind the baselines) should be checked with a straight edge or
string line to determine if a low spot has formed. W the area is determined to be low. then it should be patched by scarifying.
placing new material in the area. leveling with a straight edge. hand watering and compacting.
5. ~proximately once a month, the net should be removad and the court drag brushed several times in a lengthwise pattern.
W any excess material which has collected in the net line remains following this brushing. it should be scraped level with the
adjacent area and removed.
6. The HydroCourt system is installed with continual system activation that provides a constantly maintained water level for
each cell. This allows moisture to move. by capillary action, from the crushed stone base to the geotextile cloth which covers
it and through the geotextile to the stone screenings and Hydroblend sudace.
If an area of the court becomes relatively dry, then the float valve in the corresponding control oox locate<! outside the court,
shoutd be slightly adjusted to raise the water level. This is accomplished by ~ug~ng the outlet ~pe to the cell with the cap
plug (found in the box). obse!Ving the ciJffent water level on the control bmc ruler. tuming the valve adjusting knob in a
clockwise direction so that the water lave! is raised and then removing the plug. This should be done in smaH increments of
one--eighth inch or less (each cumplete turn of the knob is approximately one quarter inch). ~ is advisable to wak several days
to observe the result before making further adjustments which might raise the water level too h~h. Naturally should either
one zone or the entire court become too wet. then the water level should be adjusted downward in the same incremental
manner.
37
' I
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: tJ:: .... .,~~::-....
I \ IJ. " • ' .~ 1
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Wel(h 'I ennis. Cowts
1-800·282-4415
info~weichtennis.com
REGISTER I 31GN IN
· 1. Bruthlng: Brush in the morning before play. brush in the afternoon and if staffing permits, brush in the evening after play is
over. Brushing is most eff'ective when the tQUrt is dry. DO NOT brush in circles if/when pulling broom behind a cart Walking
the broom allows fof a. better and more thorough job. Brush from fence to fence.
2. W.U.ring: The nighttime watering is the most important. Try to waterS$ much all possible with out having the courts too
wet in the morning. Watering times vary depending on the time of the year. hum.idity, etc. It is important to adjust times
almost on a daily basis. The afternoon watering is to prepare the court for later afternoon and evening play. Because of the
wind and sun it is diflicult to water evenly. Water as late as possible in the afternoon if you have a lot of evening play. It is not
necessary to brush after the afternoon watering but you should clean the fines. Brooming at this time of day will just d!y out
the courts.
3. Rolling: On the average roll the courts once every two weeks This may be more if they are soft. Rolling also presses the
excess course material b-9ck in to the surface saving on material usage. Roll the perimeter of the court as welt as inside the
lines. The perimeter usually needs rolling mGre than the heavily us!W areas.
4. Patching: The more play a court gets the more it will need new material add&d to the baseline an~a and sef\.ice boxes.
. When watering obseNa the last areas to dry on a non·windy day. This will indicpte low areas of the surface that need new
material added.
5. Top-Dressing: Twice a year the courts should be cleaned of excess dead material and top-dressed with one to tons of
new materiaL New material is watered in. then roiled each day for the first couple of weeks to insure that it bonds to the
existing surface.
38
-·~ ~-
.. • • ~ ~ -!
I ~""~ ~ .-~-! ~.~~*-.,. :' ;
! ' ~ ! I • ··-I
----j
OVerview
Wekh ·r ennis COt+lU
1-800..28~-4415
infoittwelchttnni-t.cotn
Malntaning a flat dry clay tennis court <toes not require any greateffcrtor experience. It <toes requireccntinualoburvatkm
combined with prevenwtunalntenance measures. Witl'i a t>asic un"dei'Standino ofihe neture oftt\e court and how It react. tc
certain condition., common s~ecan provkteaguidefmeforthosemaintenanoeprocedures.
The court consists cftnreE:main components: a perimet~curtl-which pren<enta troslonand holdathecourtin place; a
stoneban-whltllact. a. Doth a draina~area and moisture r&$&1'\'olr; anothefaat dryplayingaurtace
Forso/1'!6onetaklng care ota prcper!y constructed fast dry court. the firattwo elemtMta etlould rare-ly. if ever. need t~ u
conaklered. The fast dry surface lself is the part of ihe court whlcll reQuires regular attention.
To correctly care for a faatory court, it l& impcrtanltc unl!&rstand a f&w batic facta about tnt df\' &urfacfno material It Ia an
extremely hard basatlcrt>oltwhich h.as eccurred in 11 naturally gre&n coforeddeposit. This rocitllthen grountllntGa reng&of
finoly gtaded particles with the-smaller d~ size par\iele¥iactlng as a cohe-sive material when moist a no the larger particles
provldln&J drainage. The futdry surfae& is prtiServed in a firm. unified layer by the prSHnce of moisture and the appficatlon,
when reQuired, of compaction.
Generall)aily Pllaintenailce
A featclry clay tennis courtre-qulree re:gular care Other than times oot Inclement wether or when a court he& been cloaed tor
'tt1ewlnter, th-is me:ans daily irrigation and maintenance. E'len lfthecourt has not been played c;n or is notsclt.Oule<i forp111y,
irrigl1lon and malntenanceahould etill bedontt. The primery deily malntenance activities are bru&lling end rfl.JIIn~
• The id&alsequence for maintaining a court is bru$hing, waterillg and roftlng. This is freQuently difficult to do, since most
w aterlno Is doneduring the night and no one may be available to brush tfle court at the eflo ofthts previous day's ~y.
Howe\ler, if p-oaaibte, this order of actions is beat becaus.e bru&hll'lg ltelp&leveland fJf in imjJerfectiona in the fast dry court
surfaea Waterwillend to aettfteselmperftctiont if they are nott»trecled. Allie:, a damp court Ia harder to redittrlbute
~urfa~granular on to fill in indentations or level sma6pile.s offut dry.
Srusltlng
It ia importantmnotethstbrusltlng maybe done wltlt aa-veraldiffer~ntpleces of equipment, depending onthee-xistingcourt
surfiloaennaltlon anclihede&lred ~tlaYing&urfaoe. Th~traditlonaltoofia a seven foot wide drag br1.11:h 'olllttl oriatleaof varying
tmfneu. HO\'>~ev*r, drag mats or court rakes may also t>euaed as leveling and groomln~tdevick
Thedra~brush is u.sullllya verygocdtoj)Jto uu-on overhtWJd irrigated (sprlnklersyst&mtoourta. Tll9e courturefelyto
have minimal excess surface tlampneSJ e11rly in tbe morning (when bru&hlng: is frequently done}anil additionally generate a
Good amcwnt of loose granular ma1erlal$im!Jiy tromp lay. On subJUrface irrigated ccurts, how6ver, the drag bru.h may ttod
to become clogged with damp wrtace material, and the btuah then looses b ability to proper!)' level the court hen stiff
l>rlatled brushes ar& pron&to ihis re$Uit
Gen~!llly, the harder and :Mnoother a fas.tdty surftte& ill, th~t li'tiffertlle brush or ether tool should be. AH fe&tdry court&
should have a thin layer of looaegrenutarrnaterilllon thuurtaca.lt isthis.lcose matttrlallhet allows e player's footto slide,
11nd ltel$o provkleatexiure which affects t~ bounce cftiletennls baA
39
FDC HydroCourt
Maintenance Guide Fast-Dry Courts
Fast-Dry.com • Bt){).432·29ll4 10.S.oom • 80().247·3807
DAILY MAINTENANCE ROUTINE
MORNING
• Utilize Aussie Clean Sweep to groom court
• Alternate grooming directions with Aussie Clean Sweep:
Mon/Wed/Fri/Sun-Parallel to lines I Tue/Thu/Sat-Perpendicular to lines
• Drive at slow speed
• Utilize 10-S Linesman to sweep lines
Utilize Pro-Line Line Scrubber to remove any clay material that is caked on to the lines
• Utilize smooth edge of 30" Lute/Scarifier to remove loose dead material at net line
• Utilize serrated edge of 30" Lute/Scarifier to remove any observed hard pan or court growth -
primarily along net line and court edges-especially areas difficult to reach by Gator Rake
AFTERNOON
• Utilize Gator Rake (after first 30 days} to groom court, especially edges
• Alternate grooming directions with Gator Rake:
Mon/Wed/Fri/Sun-Perpendicular to lines I Tue/Thu/Sat-Parallel to lines
• Drive at SLOW SPEED
Utilize 10-S Linesman to sweep lines
• Utilize Pro-Line Line Scrubber to remove any clay material that is caked on to the lines
• Utilize smooth edge of 30" Lute/Scarifier to remove loose dead material at net line
• Utilize serrated edge of 30" Lute/Scarifier to remove any observed hard pan or court growth-
primarily along net line and court edges
Order or replace any
items you see here at ,,lf -s
TENNIS
, SUPPLY
10·S,com
800-247·391)7
To order material and supplies, call us at 800 .. 247-3907
40
MONTHLY MAINTENANCE ROUTINE
If court growth is widespread and problematic, apply Cutrine algaecide to water control
boxes as outlined in maintenance guide
• Inspect and repair any surface damage as needed
If baseline or service box areas need patching, add 80 lb. Hydro Blend to those areas
Utilize serrated edge of 30" Lute/Scarifier to remove any observed hard pan on court
Utilize weighted Gator Rake to loosen and remove any court growth or hard pan areas on
court perimeters
• Apply two (2) 80 lb. bags of HydroBiend tennis court material evenly to each side of the
court using a Gandy drop spreader
• After material application, roll entire court utilizing ServAce Roller-drive slowly~ only back
& forth in North/South or East/West direction
Roll lines only on monthly basis
tfJ1:1',C~~
';<>':; '-,,,,,,.'
TRB'lCH LAYOUT (ONEZONE)
2-l!r Perlototed
So<kpipe
HydroCourt
Drain Pif.Jt>
41
Ordet or replace any
items you see here at
lA-S
hENNIS
~SUPPLY
10-S.com
800-247-3907
To order material and supplies,
call us at 800-247-3907
Sample HydroCourt Layout
I EO t EO i E;· t
lr--w-1 ..,_...,.-tl I I : II I
1 1 1 I I I I I I
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I I '1 I I 1 1 n~1 1 1 I 1111 I Ill
1 : : I I l I I I I II I l1!
I I I 1 1 1 1 1 I I I I~
I I I 1 1 1 I I I I 1[1
I I I I 1 1 I I I I 1®1
I I I I I
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I I I
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I I I
I IQI
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SLOPE --,.hd~
HydroCourt Diagram
1"~
Hydroa end
&Jrlace
Material
TRB\ICH LAYOUT (ONEZONE)
2-112" P<trlorated
&>ckpipe
r, "
I 1 I
I I
I I
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I 11=1
I 1111 1
I I I
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lf;?s To order material and supplies, call us at 800-247-3907
~SUPPLY
42
Water Level Guide
The water level in each zone is controlled by the control box for that zone.
The control boxes are located adjacent to the court. The elevation of the
water in each control box will reflect the elevation of the water in each
corresponding zone under the court surface.
WATER LEVa. CONTROL BOX
Usu~lly, a·.water level that !s apprm<irniitely ~ven
with the top of the feeder pipe tn the ®ntrol boX.i$
consi(fered optimum; How~er, thi$ !tlay vaJ:Y d&-
pending on seasonal, geographical and Climaptic
conditions. · · ·
Each control box also has ~n overfl()W pipe~ 1J1i$ is
free to rot~e,in varylng.poSitions. Jhe plp~$!19J11d
be tilted dow11ward with the opening 1/~" a~ovfi
optimum water level. Thisall 0 wsany~~$SWater
to overflow and exit the court. area, preventing a
buildup of unwante<:l water in the couJ1: ~ones af;.
ter heavy rains. This pipe may also be removed for
seasonal cell drainage or to quiCkly dry the CO!.Jrt
$Urface so that play ·can start ~on aft~r .a doWn•
pour (e.g. during tournament).
WATER LEVa CONTROL FLOAT VAl-VE
). *!!!!!!!!
The water level control float valve is simple to operat~ and adjust
1h13 valve currently being used by FOe has a 3~ adjustment ran~ e.
This range is more than adequate. Once the optimum water level ·
is established, there is no need to further adjust thew~erlevel ·
except for seasonal changes. The valve wiil shut off automatically
when the proper water level is reached.
To raise the water level, turn the. white adjustment knob, .located
on the top of the float valve in a clockwise or ( +) direction, To
lower the water level, turn the knob counter clockwise or in the
(-)direction.
To adjust the water level, screw the threaded. plug into the feeder
pipe going to the zone to close it. off. This i$0latesthe adjustment
water to the control. box only. Rotate or remove the overfl(:)W pipe
draining the box until the valve start$ hissing which indicates W&
ter is flowing. Then, return the pipe to its upright position. Once
the valve stops hissing and water is no longer flowing, record
the depth as indicated o.n the ruler in the box. Periodically, a float
valve may need to be replaced.
1,;~ To order material and supplies, call us at 800-247-3907
43
Mju<~ment
~
). *!!!!!!!!!), ..
i<Jlon--....
~m ~~ ._,_: ----,-:,.-'. ) '
~ 1 ·LLI
• ~ ).*!!!!!!!!
Note: Remember that moi::.ture changes occur very
slowly, depending on the evaporation rate. Each
of the above steps may take hours or even days
before the adjusted level is stabilized. Be patient
knowing that, once established, your level and
your court will remain stable at the marked spots.
ADJUSTING THEW A Tal Le/t;L
The objective in wat~ring your FDC HydroCourt is to maintain
the lowest possible water level.; whiqh wj!LkeeP the entire QOUit
uniformly moist. The standard procedure for determining this
level must be carried out over a period of time b:t th~ parSt)fl
who is to maintain the court. This wat~r .level may vary dUe. to ..
sea$Cmal conditions, temperature and .humidity\ · · · ·
first, raise the water l.evet until all. dry areas cH~pearwithin ~ap~
zone. It is important to remember that as w~ter flowsJrqm ~11~
control box to each zone, it must travels long di$tari'Qe thro~gl'l
a relatively $mall pipe. When the water reaehesthe·~dne~ it ltlt~st.
displace any air in the zone. This air may be Slow to ~P~~i~h
Ual watering occurs. If the court is well compacted, this process.
may be slowed considerably. ·
Adjustments in water level in ere~ should be don:e in 1/4': in~
cr~ments. allowing 24 hours for the court to r~act to th«! new
water level. ,
In general, the top of the feeder pipe is where most opU·
mum water leveJsa.re. · · ·
Every court's optimum level will be slighUy differE!nt and ev~n
the individual zones may vary from one to the other. However,
once this optimum level is found and m~rked for reference, it
will remain constant. The procedure to find this optim~lleVel is
as follows:
1) Raise the water to the charge level so U1e entireoour:t i$w~~
tered. (1/2'' above feeder pipe). ThJs is dpne by adjllstihg 'the
knob on the top of the float vafve until the water level is at the
desired height. See control box float valve section.
2) Reduce the water level in .each box bY removing or rotating
the overflow pipe, allowing the water level to drop; R~""inse.rt ~he
pipe when the level is approximately 2" ,. 3" below tne previous
level. Then adjust the knob on the float valve to.stabilize the wa,.
ter at a new lower level.
3) Continue step #2, dropping the water level by 1/4" increments
until dry SPOts beg in to appear on the court or you have re.acfled
the desired moisture content wittt1n your court ltis irnpof1~nt
that you allow 24 hours between ~ch adjystment for the court
to react to the new water level. (This may allow ory spots to ap.-
pear.)
4) If dry spots begin to appear, adjust the wat~r level up very
Slightly(1/8" to 1/4") at a time until dry spots di$appet\lt.
5) Mark your desired water level in each box. Ane .. tuning may
still be required later, with the final water level remaining near
this reference mark.
1,~ To order material and supplies, call us at 800-247-3907
44
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1~:§ To order material and supplies, call us at 800-247-3907
~SUPPLY
45
PARKS AND RECREATION DEPARTMENT
EXHIBIT UB"
46
EXHIBIT "B"
ASSISTANT PROFESSIONAL
NATURE OF WORK
Provides instructional tennis to all programs offered and works in the tennis center pro shop as
needed.
ILLUSTRATIVE EXAMPLES OF ESSENTIAL DUTIES
• Provides instruction using the teaching concepts
• Provides instruction with tennis clinics, large groups, private lessons and all camps.
• Inspects courts for maintenance and safety issues.
• Provides customer service excellence.
• Performs other related work as required.
KNOWLEDGE. SKILLS AND ABILITIES
• Knowledge of the principals and methods
• Ability to establish and maintain effective working relationships with all employees and
the general public.
• Ability to communicate clearly, firmly, tactfully and diplomatically with the general public,
business, professional government agencies and other employees.
• Knowledge of standard tennis court maintenance (all types of court surfaces).
MINIMUM REQUIREMENTS
• Must posses and maintain current certifications in: USPTA (United States Professional
Tennis Association), USTA (United States Tennis Association) or the USPTR (United
States Professional Tennis Registry).
• Ability to work nights, weekends and holidays.
• Must pass a City of Miami Beach background check.
• Must pass a City of Miami Beach drug screen.
• Must obtain a Business Tax Receipt from the City of Miami Beach.
PHYSICAL REQUIRMENTS
• Ability to react quickly and calmly in emergency situation.
• Physical ability to provide tennis instruction for all levels.
• Willingness to participate in a training program in order to maintain proper physical
fitness.
• Must have the use of sensory skills in order to effectively communicate and interact with
other employees and the public through the use of the telephone and personal contact.
• Some sitting, walking, moving, climbing, carrying, bending, kneeling, crawling and
reaching.
SUPERVISION RECEIVED
• Work methods and assignments are prescribed in detail.
• Work is usually carried out under little direct supervision and requires initiative and the
ability to exercise good judgment.
SUPERVISION EXERCISED
None
47
HEAD PROFESSIONAL
NATURE OF WORK
A Supervisory position that oversees the implementation of instructional tennis programs for all
levels of age and ability. Also oversees the pro shop and court maintenance operations and
recommends the hiring and firing of subordinate tennis center personnel.
ILLUSTRATIVE EXAMPLES OF ESSENTIAL DUTIES
• Assists with the teaching concepts.
• Oversees tennis clinics, large groups, private lessons and all camps.
• Provides tennis instruction.
• Assists with overseeing meetings on Policies and Procedures.
• Inspects courts for maintenance and safety issues.
• Provides customer service excellence.
• Recommends the hiring and firing of tennis center personneL
• Performs other related work as required.
• Recommends the purchase of equipment needed for a tennis center operation.
KNOWLEDGE. SKILLS AND ABILITIES
• Knowledge of the principals and methods.
• Assists with training, motivating and managing subordinate employees.
• Ability to establish and maintain effective working relationships with subordinate
employees and the general public.
• Ability to communicate clearly, firmly, tactfully and diplomatically with the general public ,
business, professional government agencies and other employees.
• Knowledge of tennis center management of a pro shop.
• Knowledge of standard tennis court maintenance (all types of court surfaces).
MINIMUM REQUIREMENTS
• Must possess and maintain current certifications in: USPTA (United States Professional
Tennis Association), USTA (United States Tennis Association) or the USPTR (United
States Professional Tennis Registry).
• Posses at least 5 years of experience providing tennis instruction.
• Ability to work nights, weekends and holidays.
• Must pass a City of Miami Beach background check.
• Must pass a City of Miami Beach drug screen.
• Must obtain a Business Tax Receipt from the City of Miami Beach.
PHYSICAL REQUIRMENTS
• Ability to react quickly and calmly in emergency situation.
• Physical ability to provide tennis instruction for all levels.
• Willingness to participate in a training program in order to maintain proper physical
fitness.
• Must have the use of sensory skills in order to effectively communicate and interact with
other employees and the public through the use of the telephone and personal contact.
• Some sitting, walking, moving, climbing, carrying, bending, kneeling, crawling and
reaching.
SUPERVISION RECEIVED
• Work methods and assignments are prescribed in detail.
• Work is usually carried out under little direct supervision and requires initiative and the
ability to exercise good judgment.
• SUPERVISION EXERCISED
• Directs the work of subordinate personnel at tennis facilities in programs and auxiliary
personnel.
48
TENNIS MAINTENANCE WORKER
NATURE OF WORK
Performs standard maintenance required (courts and facility) to maintain a safe and enjoyable
tennis experience for all users.
ILLUSTRATIVE EXAMPLES OF ESSENTIAL DUTIES
• Brushes and lines the courts as required (minimum 3 times per day).
• Check Water levels on the courts as required
• Rolls the court after new material is placed and a minimum of once a week per court.
• Maintains windscreens are secure and in place.
• Adds clay to each court as required.
• Provides ice and water to the court water coolers.
• Fills out daily log as required.
• Scarifies the courts as required.
• Patches low spots on courts as required.
• Inspects courts on a daily basis to include but not limited to: court lines are not worn or
coming up, nets are 3 feet at the center, windscreens are attached and not torn, no
debris on the court.
• Weed eats around and on the courts as needed.
• Cleans and disinfects the locker rooms and the pro shop.
• Provides customer service excellence.
• Performs other related tasks as required.
KNOWLEDGE. SKILLS AND ABILITIES
• Comprehensive knowledge of the standards in tennis court maintenance (all court
surfaces).
• Assists with training all tennis personnel in court maintenance.
• Ability to establish and maintain effective working relationships with all employees and
the general public.
• Ability to communicate clearly, firmly, tactfully and diplomatically with the general public
and other employees.
MINIMUM REQUIREMENTS
• Must attend maintenance training and receive a certificate from Welch Tennis and Fast
Dry Court within 3 months of employment.
• Must pass a City of Miami Beach background check.
• Must pass a City of Miami Beach drug screen.
• Ability to work nights, weekends and holidays.
PHYSICAL REQUIRMENTS
• Ability to lift up to 80 pound bags.
• Willingness to participate in a training program in order to maintain proper physical
fitness.
• Must have the use of sensory skills in order to effectively communicate and interact with
other employees and the public.
• Must possess the ability to walk, move, climb, carry, bend, kneel, crawl, lift and reach on
an ongoing daily basis.
SUPERVISION RECEIVED
Work methods and assignments are prescribed in detail.
• Work is usually carried out under little direct supervision and requires initiative and the
ability to exercise good judgment.
49
TENNIS AIDE
NATURE OF WORK
Assists with the instructional tennis programs offered and works in the tennis center pro shop as
needed.
ILLUSTRATIVE EXAMPLES OF ESSENTIAL DUTIES
• Assists the tennis instructor with tennis clinics, large groups and all camps.
• Provides customer service excellence.
• Inspects courts for maintenance and safety issues.
• Performs other related work as required.
KNOWLEDGE, SKILLS AND ABILITIES
• Knowledge of the principals and methods
• Ability to establish and maintain effective working relationships with all employees and
the general public.
• Ability to communicate clearly, firmly, tactfully and diplomatically with the general public.
• Knowledge of standard tennis court maintenance (all types of court surfaces).
MINIMUM REQUIREMENTS
• Ability to work nights, weekends and holidays.
• Must pass a City of Miami Beach background check.
• Must pass a City of Miami Beach drug screen.
• Must obtain a Business Tax Receipt from the City of Miami Beach.
PHYSICAL REQUIRMENTS
• Ability to react quickly and calmly in emergency situation.
• Physical ability to assist with tennis instruction for all levels.
• Willingness to participate in a training program in order to maintain proper physical
fitness.
• Must have the use of sensory skills in order to effectively communicate and interact with
other employees and the public through the use of the telephone and personal contact.
• Some sitting, walking, moving, climbing, carrying, bending, kneeling, crawling and
reaching.
SUPERVISION RECEIVED
• Work methods and assignments are prescribed in detail.
• Work is carried out with direct supervision.
SUPERVISION EXERCISED
• None
50
TENNIS DIRECTOR
NATURE OF WORK
An Administrative position that oversees the development and implementation of instructional
tennis programs for all levels of age and ability. Also oversees the pro shop and court
maintenance operations. Also oversees the hiring and firing process at the tennis center.
ILLUSTRATIVE EXAMPLES OF ESSENTIAL DUTIES
• Directs the tennis staff on the teaching concepts
• Organizes tennis clinics, large groups, private lessons and all camps.
• Provides tennis instruction.
• Conducts meetings on Policies and Procedures.
• Inspects courts for maintenance and safety issues.
• Provides customer service excellence.
• Oversees the hiring and firing process of tennis center personnel.
• Performs other related work as required.
• Recommends and purchases all equipment needed for a tennis center operation.
KNOWLEDGE. SKILLS AND ABILITIES
• Comprehensive knowledge of the principals and methods.
• Ability to provide leadership, train, motivates and manages subordinate employees.
• Ability to establish and maintain effective working relationships with other employees and
the general public.
• Ability to communicate clearly, firmly, tactfully and diplomatically with the general public,
business, professional government agencies and other employees.
• Comprehensive knowledge of tennis center management of a pro shop.
• Comprehensive knowledge on tennis court maintenance (all types of court surfaces).
MINIMUM REQUIREMENTS
• Must possess and maintain current certifications in: US PTA (United States Professional
Tennis Association), USTA (United States Tennis Association) or the USPTR (United
States Professional Tennis Registry).
• Posses at least 10 years of experience providing tennis instruction.
• Ability to work nights, weekends and holidays.
• Must pass a City of Miami Beach background check
• Must pass a City of Miami Beach drug screen.
• Must obtain a Business Tax Receipt from the City of Miami Beach.
PHYSICAL REQUIRMENTS
• Ability to react quickly and calmly in emergency situation.
• Physical ability to provide tennis instruction to all levels.
• Willingness to participate in a training program in order to maintain proper physical
fitness.
• Must have the use of sensory skills in order to effectively communicate and interact with
other employees and the public through the use of the telephone and personal contact.
• Some sitting ,walking, moving , climbing, carrying, bending, kneeling, crawling and
reaching.
SUPERVISION RECEIVED
• Work is subject to review for compliance with the City of Miami Beach Contract.
SUPERVISION EXERCISED
Directs the work of personnel at tennis facilities in programs and auxiliary
51
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(J'I w The Cit/s Vision is to ensure that the City of Miami Beach will b,e: -. · Cleaner and Safer -=-More Beautiful and Vibrant -. A Mature Stable Residential Community with Wetl~tmproved t nfrostructu re -. A Unique Urban and Historic Environment - A Cultural Entertainment, Tourism Cap,ital -... An international, Center for innovation in Culture, Recreation and Business (9 MIAMIBEACH
(J'I ~ 11 The Cleanliness index is o se,t o,f stcJ'n,dard,s th~at b d. t th. l 1· ., f th. can ... 'e use:·····~····· o measure :·,e c eo,n.tnes,s O' ;·e City of Miami Beach's public oreos. • ;~~n~~~~n~~~~~lil~~s~x of~ k;~~~~ standards on ~ Lttter I T rosh -litter I Garbage Cans -Organic Materials ---Fecal Matter (9 MIAMIBEACH
(J'I (J'I • To provide a.· quantitative measurement to gouge the cleanliness of the City as it relates to the vision statem,ent • Use the data captured to direct the City's efforts in improving the cleanliness maintenance functions. • Assist the departments in determining what factors affect the cfecJnfiness o.f the public are·OS • Eva.t~uates if different initiatives and service le\tels are effective in making the public area cleaner (9 MIAMIBEACH
(J'I en Examples of Small litter: -Cigarette butts -Bottle cops -Straws -Candy packaging and wrappers Polyfoam packing materials -Plastic expresso coffee cups -Below is the temolate on measurin 211X2" (4 sq.in) 4. ~quare inches Round Examples of large litter: -Beer cans and bottles -Soft drink glass, cans, plastic -Sport drink gloss plastic Wine/ liquor glass, plastic/other -Milk/ juice Plastic, Glass -Six pack plastic rings Plastic / Paper/ Polystyrene (bam) drink cups -Plastic/Paper bags -Zipper bags /sandwich bags -Cardboard boxes -Paper beverage cases Plastic / Glass jars / bottles/ lids -Cans-steel} aluminum -Aerosol cons -Po per food wrap -Utensils -Napkins -Clothing Printed materials (newspapers, flyers, books, etc.) G MIAMIBEACH
(J'I ........ The following index will be used to rote and provide a score for the cleanliness of a street, sidewalk, right-of-way, alleys, parking lots, and beaches. No litter and/ or debris on entire block face. Can is in good working order and none are no more than 3/4 full. Can is in a clean condition free of items/ such as stickers, graffiti. Isolated instances of small fresh organic material, such as leaves, branches, etc., cover the paved area. No large organic material, such as tree limbs or palm fronds on the ground. Fecal matter is not visible. (9 MIAMI BEACH
(J'I 00 Isolated pieces of litter on the entire assessed area. The area is not void of litter, but may contain on isolated incidence of litter. Con is in good working order and none ore no more than 3/4 full. There is isolated piece of trash outside of the con. ., Con is in a clean condition free of items, such as stickers, graffiti. step distance paved area is covered by small organic materials, but occurring no more than 10% of the entire assessed area. If occurring in more than l 0% of the entire assessed area, then add l point. No large organic material on the ground. matter. It seems that on ottem pt was mode to clean the fecal matter, but residue was left behind. (9 MIAMIBEACH
(J'I c,g amounts of litter. In a 10 step distance the litter accumulation should account to less than 10 small pieces or 2-4 pieces of large litter, but occurring in no more than 1 0% of the entire assessed area. If the litter density occurs between l 0-25% of the entire area, then add 1 point. If the litter density occurs more than 25% of the entire area, then add 2 points. Can is functioning, but is full with trash, which can be seen from the eye level. There is no litter above the rain guard. There is some residue from past garbage. Can is in a clean condition, but may have one small isolated instance of a sticker or graffiti, which the eye is not drawn to it. •: Between l 0% -30% of a 1 0 step paved area is covered bv organic materials,· but occurring in no more than 1 0% of the entire assessed area. If occurring in more than 1 0% of the entire assessed area, then add l point. Between l and 3 pieces of large organic materials is on the ground. Isolated case of organic material accumulation caused by standing water and poor drainage. One instance of fecal matter is present on the public area. (9 MIAMIBEACH
en 0 Consistently scattered trash. In a 1 0 step distance the trash accumulation should account to more than 1 0 pieces of small litter or over 4 pieces of large litter occurring in no more than 1 0% of the entire assessed area. If the litter density occurs between 1 0-25% of the entire area, then add 1 point from the rating scale. If the litter density occurs more than 25% of the entire area. then add 2 points from the rating scale. Can is full and there is trash above the rain guard. In some cases, there is evidence that there is improper use by the residents. Can is in a working condition .. but contains items such as stickers or graffiti on them. a 10 step paved area is covered by organic materials, but occurring in no more than l 0% of the entire assessed area. If occurring in more than 1 0% of the entire assessed area/ then add 1 point. Between 4 and 1 0 pieces of large organic materials is on the ground. 2 to 3 instances of organic material accumulation caused bv standing water and ' poor drainage. The organic material is beginning to turn brown. " Two instances of fecal matter are present on the public area. (9 MIAMIBEACH
en ~ Consistent accumulation of trash. In a 10 step distance there ore multiple piles of trash consisting of more than 1 0 pieces of small litter or over 4 pieces of large litter. If the Iiiler density is occurring between 10-25% of the assessed area, then add 1 point from the rating scale. Can is full and there is trash above the rain guard and beginning to overflow since there is no room to put additional trash. There may be evidence of improper use by the residents. Can has some damage, but is usable. A large area of the can contains items such as stickers or graffiti on them. Over 50% of a 1 0 step paved area is covered by organic materials, but occurring in no more than 1 en; of the entire assessed area. If occurring in more than l 0% of the entire assessed area, then add point. Over 1 0 pieces of large organic materials is on the ground. 3-4 instances of organic material accumulation caused by standing water and poor drainage. Faint foul odor is present due to standing water. The organic material has been on the ground for some lime and has turned brown. matter are present on the public area. (9 MIAMIBEACH
en N Area is blocked by an accumulation of trash and litter. Illegal dumping may be evident. Hazardous materials on the street. Can is full and trash has overflowed to the ground. In some cases, there is a rat/ rodent/insect infestation. Can is damaged and needs to be replaced: Con is covered of items such as stickers or graffiti. 90-1 00% of a 1 0 step paved area is covered with organic material. The organic material has been on the ground for some time and has turned brown. Over 5 instances of organic material accumulation caused by standing water and poor drainage. Strong foul odor is present due to standing water. , Four or more instances of fecal matter ore present on the public area. <9 MIAMIBEACH
PARKS AND RECREATION DEPARTMENT
EXHIBIT 11 D"
TENNIS FEES
63
COMMISSION ITEM SUMMARY
Condensed Title:
A request for approval to issue a Call to Artists to commission a permanent, outdoor art installation, which will have a
revitalizin effect on Washin ton Avenue.
Item Summary/Recommendation:
The City would like to apply for an ArtPiace grant and issue a Call to Artist to commisison a permanent, outdoor installation
which will have a revitalizing effect on Wash. Ave. The exact parameters are Wash. Ave. from So. Pointe Dr. to Dade Blvd.
It is likely that its eventual implementation would occur in stages. ArtPiace is a collaboration of eleven leading national
foundations (including Knight Foundation,) eight federal agencies (including NEA,) and six of the nation's largest financial
institutions. Grant amounts have ranged from $63,100 to $1 million. The grants are art-driven "creative placemaking"
projects that result in increased vibrancy and economic well-being for a specific area. The Call is open internationally to all
qualified artists and is NOT limited to Florida artists.
The total budget is $500,000 to $700,000, which includes all costs such as, but not limited to, initial concept fees, travel,
materials, fabrication, transportation, insurance, installation, engineering and a 15% contingency fee. We would like to
acknowledge that the funding for this Call to Artists is contingent on a successful grant application for an ArtPiace grant, and
that the project will require the eventual approval by the City's Historic Preservation and Planning boards and by the Mayor
and Commssion.
The commissioned artist will be selected based on previous experience with the design and production of exterior public art.
Applicants are expected to have the technical capabilities to design and install such projects. The artist selected shall be
expected to collaborate as needed with site engineers, designers, and other necessary parties for successful installation of
the project. Artist will be required to maintain the project schedule that is established. Deliverables include Shop drawing to
be provided to Capital Improvements Office and the Building Department for permitting.
The application process will be managed by Miami-Dade County's Art in Public Places office, utilizing the online CaFE™
System, and by the City's Art in Public Places Committee.
The City reserves the right to reject any and all proposals or to re-issue the call to artists when such action is considered in
the best interest of the City. By submitting a response to this Call to Artist, prospective artists waive the right to protest or
seek legal remedies whatsoever regarding any aspect of this Call.
The payment to the artist is to be performed for a "Not to Exceed Fee" and the selected artist or team will be required to
enter into an Artist Agreement with the City prior to commencing work.
I N/A
Advisory Board Recommendation:
Financial Information·
Source of Funds: Amount
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Max Sklar, ext. 6116
Sign-Offs: I A
Department Director
MAS J MAS L f V _v-_ ;v--
MfAMlBEACH
65
Account
I
I KGB
Approved
~ ~ity Manager
AGENDA ITEM c ;2. B
DATE .:2-b 'l3
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager. ';/~ !-·
February 6, 2013 / . ,
SUBJECT: REQUEST FOR APPROVAL TO ISSUE A CALL TO ARTISTS TO COMMISSION A
PERMANENT, OUTDOOR ART INSTALLATION WHICH WILL HAVE A
REVITALIZING EFFECT ON WASHINGTON AVENUE
ADMINISTRATION RECOMMENDATION
Approve issuance of Call to Artists.
KEY INTENDED OUTCOME
Maximize Miami Beach as a Destination Brand.
BACKGROUND
In the summer of 2012 a Washington Avenue Enhancement Plan was developed by the
Administration based on input received from Washington Avenue stakeholders at a February,
2012 Planning Department workshop, as well as input from meetings of the Washington Avenue
Neighborhood Association and from the City's Neighborhoods & Community Affairs Committee
and Finance & Citywide Projects Committee. This plan addresses safety, cleanliness,
marketing and promotion, and short-and long-term enhancements. There was consensus that
a unique architectural lighting installation could contribute to the creation of a sense of place
and draw people to the street. The Administration identified ArtPiace as a possible source of
funds for such an installation.
ArtPiace is a granting organization composed of eleven leading national foundations (including
the Knight Foundation,) eight federal agencies (including the National Endowment for the Arts,)
and six of the nation's largest financial institutions. Its grants are for artist-driven "creative
placemaking" projects, undertaken by municipalities in partnership with arts organizations,
artists, and local and national organizations and agencies, that result in a transformative impact
on community vibrancy and economic well-being for a specific area. To date ArtPiace grants
have ranged from $63,100 to $1 million.
The City of Miami Beach would like to issue a Call to Artists to select an artist to commission a
permanent, outdoor installation which will have a revitalizing effect on Washington Avenue, and
then apply to ArtPiace for the funding.
The project can utilize (or not) the medians, all of the public-owned structures including the 21st
Street Community Center, Convention Center, SoundScape Park, Old City Hall, Police Station
and Plaza, and may include plans for the avenue's privately-owned structures as well. Although
the project was originally envisioned as an illumination and/or projected image installation, equal
consideration will be given to proposals using any media.
The proposed Call to Artists is attached as Exhibit "A". The City will be utilizing Miami-Dade
66
Request For Approval To Issue a Call to Arlists
City Commission Meeting
February 6, 2013
Page 2 of2
County's Art in Public Places online CaFE™ system to administer the application process.
Selection of the artist and the project ultimately proposed will be reviewed by the the City's Art in
Public Places Committee, as well as approved by the City Commission.
CONCLUSION
The Administration recommends that the Mayor and the City Commission approve the issuance
of a Call to Artist to commission a permanent, outdoor installation which will have a revitalizing
effect on Washington Avenue.
67
MIAMI BEACH
City of Miami Beach Call to Artists
Entry Deadline: April 5, 2013, 5:00P.M.
EXHIBIT "A"
The City of Miami Beach is pleased to announce it would like to apply for an ArtPiace grant and issue a Call to Artists
to commisison a permanent, outdoor installation which will have a revitalizing effect on Washington Avenue, Miami
Beach, Florida.
It is likely that its eventual implementation would occur in stages. ArtPiace is a collaboration of eleven leading
national foundations (including the Knight Foundation,) eight federal agencies (including the NEA,) and six of the
nation's largest financial institutions. Grant amounts so far have ranged from $63,100 to $1 million. The grants are
for art-driven "creative placemaking" projects that result in increased vibrancy and economic well-being for a specific
area.
REQUIREMENTS
1. Eligibility
This commission is open internationally to all qualified artists and is NOT limited to Florida artists. A qualified artist is
an individual or team generally recognized by critics and peers as a professional practitioner of the visual arts and/or
civic design, as judged by the quality of that professional practioner's body of work, MFA or equivalent, experience,
past public commissions, exhibition record, publications, receipt of honors and awards, training in the arts, and
production of artwork. All qualified artists or teams must have at least five (5) years' of demonstrated professional art
experience with regard to outdoor public art and/or civic art; must have experience with design; and must have
completed a project of at least $75,000 or greater. All submissions must be an original work. A team may include a
wide variety of professionals who deliver artistic services such as sculptors, designers, gallerists, architects,
engineers and other design professionals with focus on civic design and aesthetics.
2. Budget
The total budget iis $500,000 to $700,000, which includes all costs such as, but not limited to, initial concept fees,
travel, materials, fabrication, transportation, insurance, installation, engineering and a 15% contingency fee.
We would like to acknowledge that the funding for this Call to Artists is contingent on a successful grant application
for an ArtPiace grant, and that the project will require the eventual approval by the City's Historic Preservation and
Planning boards and by the Mayor and Commssion.
3. Project Description
Commission a permanent, outdoor installation which will have a revitalizing effect on Washington Avenue. The
project can utilize (or not) the medians, all of the public-owned structures including the 21st Street Community Center,
Convention Center, SoundScape Park, Old City Hall, Police Station and Plaza, and may include plans for the
avenue's privately-owned structures as well. This project was originally envisioned as an illumination and/or
projected image installation, but equal consideration will be given to proposals using any media.
Consideration will need to be given to the relationship between the artwork and the surrounding buildings, open
space, landscaping and civic markers. The artists are encouraged to explore Washington Avenue, and to familiarize
themselves with the surrounding community.
4. Design Parameters
Washington Avenue
Southern Boundary -South Pointe Drive
Northern Boundary-Dade Boulevard
68
The artwork design should address the following:
• Create a recognizable landmark and enhanced sense of place
• The integration of landscaping if needed
• The works should be designed both for vehicular experience and encouragement for pedestrians to walk on
Washington Avenue
• Consideration of the Art Deco Historic District
• The transition from the residential area south of Fifth Street to the commercial district north of 51
h Street
• The scale of the surrounding buildings
• The approach from various directions
• Materials conducive to the South Florida weather
• Engineering must take into consideration South Florida weather
• The community's cultural and aesthetic values
• Applicable laws, statutes, codes, and regulations
5. Brief History of Miami Beach, FL
Miami Beach is America's Riviera; a cosmopolitan city whose residents are as diverse as its visitors. Over 7 miles of
beaches, art and culture, dining and nightlife, world class shopping, 3 golf courses and 20 parks. An island city of just
7.1 square miles that separates Biscayne Bay from the radiant blue waters of the Atlantic. The main gateways to the
City are the MacArthur and Julia Tuttle Causeways and the Venetian and 71 st Street bridges.
The City is seen as a trend-setting art and entertainment Mecca, and a shopping and cultural wonder by visitors,
world travelers, celebrities and locals alike. Miami Beach has always been a tourist-friendly vacation hot spot, but the
city offers so much more now. Miami Beach is no longer just a place to lie on the beach soaking up the sun, due to an
economic boom that has sprung from the refurbishment of the Art Deco Historic District. From cafe's, clubs and
shopping along South Beach's Ocean Drive, Lincoln Road, and Washington Avenue; the international hotels and
restaurants of Collins Avenue and Middle Beach; to the re-emerging neighborhood in North Beach, Miami Beach
offers visitors and residents a dazzling array of amenities to enjoy.
6. Scope of Work
The commissioned artist will be selected based on previous experience with the design and production of exterior
public art. Applicants are expected to have the technical capabilities to design and install such projects, including
providing maintenance instructions. The artist selected shall be expected to collaborate as needed with site
engineers, designers, and other necessary parties for successful installation of the project. Commissioned artist is
permitted to work with outside contractors to fabricate the actual work of art. Artist will be required to maintain the
project schedule that is established. Deliverables include Shop drawing to be provided to City of Miami Beach Capital
Improvements Office (CIP) and shall be submitted to the City of Miami Beach Building Department for permitting.
7. How to Apply
Application Process is managed by the City of Miami Beach Tourism & Cultural Development Department.
Application Requirements*
1. Submissions must be received as a complete application in CaFE™ by no later than AprilS, 2013, Midnight EST.
All materials will be submitted online, via CaFE™. There is no application fee to apply or to use the online
application system. To view the application, go to www.callforentry.org, register a user name and password,
navigate to "Apply to Calls," and search for "Miami-Dade Art in Public Places." All submissions must be received
as a complete application in CaFE ™. Assistance in using the system is available during regular business hours
at cafe@westaf.org.
2. Up to 10 images of previously completed work; this may include details. Please accurately identify medium,
dimensions, date, location, client/agency, size, budget, completion date, and include a brief written description.
The CaFE™ system will prompt you to enter this information with each uploaded image.
3. A one page cover letter listing experience with public art projects; not to exceed 500 words.
4. A current professional resume.
5. At least three (3) professional references for durable outdoor art, including the contact information for each
reference.
6. Proposed budget.
7. Anticipated production and installation timeline.
69
The Art in Public Places Committee shall consider the following issues:
• Aesthetic merit. visual and technical sophistication of previously completed works;
• Creativity of approach;
• The ability to produce durable outdoor art;
• A proven ability to coordinate and collaborate with project managers and design professionals;
• Experience and other qualifications of the artist; and
• Demonstrated ability to complete projects on time and within budget.
8. Right of Rejection
The City intends to award a contract to the artisUartist team that demonstrates the highest level of expertise and
capabilities to provide the requested services. The City reserves the right to reject any and all proposals or to re-issue
the call to artists when such action shall be considered in the best interest of the City.
By submitting a response to this Call to Artists, prospective artists waive the right to protest or seek legal remedies
whatsoever regarding any aspect of this Call. In addition, the City reserves the right to issue written notice to all
participants of any changes in the proposal submission schedule or submission requirements, should the City
determine in its sole and absolute discretion that such changes are necessary.
The City also reserves the right to the City and may solicit proposals from artists not responding to this Call and
reserves the right to select an artist outside of the pool of artists responding to this Call.
9. Payment to Artist
This work is to be performed for a "Not to Exceed Fee". The artist will provide a fee schedule for the project indicating
the fee for milestones and a not to exceed fee. The Artist shall include all applicable costs and permit fees in the fee
schedule. The City will pay the artist for work completed based on milestones that are accepted by the City. The City
shall make sole and final determination if a milestone is complete and acceptable. The artist shall receive no
compensation for any re-work necessary as a result of the artist's error or oversight.
10. Artist Agreement
The selected artist or team will be required to enter into an Artist Agreement with the City of Miami Beach prior to
commencing work. The City will retain possession of and exclusive rights to any drawings and/or documents
produced pursuant to the Contract. The artist warrants that there has been no violation of copyrights or patent rights
in manufacturing, producing or selling goods shipped or ordered as a result of this bid. The artist will comply with all
applicable laws, ordinances, statutes, and regulations.
Contact: Dennis Leyva
Email: dennisleyva@miamibeachfl.gov
Phone: 305.604.2477
Other Selection Issues
• Florida "Sunshine Law:" All meetings of the Art in Public Places Committee are open to the public, are publicly
advertised and are documented through written minutes.
• Conflict of Interests: Artists with immediate family or business partners on the selection committee are not
eligible to apply.
• Art in Public Places Committee Contacts: Artist applicants should not have contact with Art in Public Places
Committee members between the release of the Call to Artists and the completion of the selection process.
• Contact the City of Miami Beach for all questions and information.
70
COMMISSION ITEM SUMMARY
Condensed Title·
Request for Approval to Award a Contract, Pursuant to Invitation to Bid No. 015-2013TC, for the Design and
Installation of Beach Access Gate Arms, Authorizing the Mayor and City Clerk to Execute an Agreement with ALM
Machine, Inc. in the Amount of $89,900.00, for the Construction of the Project, plus a 10% Project Contingency, for
a Not-to-Exceed Grand Total of $98,890.00 from Funds Previously Appropriated in the Capital Budget; Further
Authorizing the Administration to Engage in Value Engineering to Further Reduce the Cost and Time for Completion
of Said Project.
Key Intended Outcome Supported:
Maintain crime rates at or below national trends
Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Community Satisfaction Survey noted that
66% and 71% of residents and businesses respectively rated the quality of the Police as "excellent" or "Qood ."
Issue:
I Shall the City Commission approve the award of the contract?
Item Summary/Recommendation:
Contractor shall provide all labor, equipment material and engineering drawings to design and install (52) access
gates along the beach front starting from 14th Place to South Pointe Park. Invitation to Bid (ITB) No. 015-2013TC
was issued on December 24, 2012, with an opening date of January 16, 2013. A pre-bid conference was held on
December 28, 2012, to which no prospective bidders attended. The Public Group issued bid notices to 21
prospective bidders of which 8 accessed the advertised ITB documents. The Public Group and Bidnet issued bid
notices to 49 and 21 prospective bidders respectively, of which 11 downloaded the solicitation. In addition, 69
vendors were notified via e-mail, which resulted in the receipt four (4) bids. Through the Procurement Division's
review of each bid for responsiveness, Artemisa Fence & Ornamental, Inc., the apparent lowest bidder, was
deemed nonresponsive for failing to submit the required 5% bid guaranty as part of their bid. As a result, the
following table provides the proposed total base bid prices of the three (3) responsive bids: ALM Machine, Inc.
$89,900.00; Tropic Fence, Inc. $111 ,509.00; and Guaranteed Fence Corp. $118,084.00.
On January 18, 2013, Public Works Assistant Director Jay Fink met with the Procurement Division to review the
proposals received and recommended is to award the contract to ALM Machine, Inc. as the lowest and best
responsive bidder based on their price and previous experience working throughout South Florida.
However, the Florida Department of Environmental Protection (FDEP) cannot permit the complete physical closure
of public beach unless the City's Beachfront Management Plan designates specific hours of closure. The Plan does
not include language regarding access management; therefore, an amendment to the Plan would be required to
install gate arms at every beach access location. FDEP is prepared to issue a field permit to install gate arms at
every other beach access. The installation of the gate arms is a priority for the Police Department and they would
like to proceed with the installation of as many gate arms as can be presently permitted while barricading the
remaining entrances with the ultimate goal of installing access gate arms at every location.
ALM Machine Inc. has been providing fencing and general contracting services to South Florida since 1996. Their
staff has over 20 years of experience in fence welding, fabrication, and installation primarily performing for various
departments for Miami-Dade County. In addition, the Procurement Division confirmed with ALM Machine, Inc that
they are willing to install the initial 26 gate arms and hold their prices for four (4) months while the City resolves the
permitting issue for the remaining work and perform the work for the initial 26 gate arms at the unit prices noted in
their unit price breakdown form.
After considering the review and recommendation of City staff, the Interim City Manager exercised her due
diligence and carefully considered the specifics of this ITB process. As a result, the Interim City Manager
recommends to the Mayor and City Commission to award the contract to ALM Machine, Inc. in the amount of
$89,900.00, for the construction of the project, plus a 10% project contingency, for a not-to-exceed grand total of
$98,890.00 from funds previously appropriated in the Capital Budget; and further authorize the Administration to
engage in value engineering to further reduce the cost and time for completion of said project.
Advisory Board Recommendation:
N/A
Financial Information·
Sourceh Amount Account
Funds: 1 $98,890.00 305-2499-069357 -South Beach OOL Budget
~
OS PI Total $98,890.00
Financial Impact Summary: N/A
City_ Clerk's Office Legislative Tracking:
Fred Beckmann, ext. 6012
S1 n-Offs:
6\ITB 015-2013TC-Beach Access Gates-Summary.doc
MIAMI BEACH 71
AGENDA ITEM ---'C:::....::;-~;;...:;C=--
DATE _z_;:~;._...-_;;(_3o......-..
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beadt, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO Mayor Matti Herrera Bower and Members of the City Commission
FROM, Kathie G. Brooks, Interim City Manager /~ ,L-1
DATE: February 6, 2013
SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT, PURSUANT TO
INVITATION TO BID NO. 015-2013TC, FOR THE DESIGN AND INSTALLATION OF
BEACH ACCESS GATE ARMS, AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AGREEMENT WITH ALM MACHINE, INC., IN THE AMOUNT OF
$89,900.00, FOR THE CONSTRUCTION OF THE PROJECT, PLUS A 10%
PROJECT CONTINGENCY, FOR A NOT-TO-EXCEED GRAND TOTAL OF
$98,890.00 FROM FUNDS PREVIOUSLY APPROPRIATED IN THE CAPITAL
BUDGET; FURTHER AUTHORIZING THE ADMINISTRATION TO ENGAGE IN
VALUE ENGINEERING TO FURTHER REDUCE THE COST AND TIME FOR
COMPLETION OF SAID PROJECT.
ADMINISTRATION RECOMMENDATION
Approve the award of contract.
KEY INTENDED OUTCOME SUPPORTED
Maintain crime rates at or below national trends.
FUNDING
$98,890.00 305-2499-069357-South Beach QOL Budget
BACKGROUND
The installation of beach access gate arms throughout the City visually shows visitors and
residents that the beach is closed at midnight, serving as a deterrent and keeping people off
the beach (see attached), reducing crime and improving public safety. The project includes
the installation of gate arms in 3 phases, with Phase I including 30 pedestrian crossings
between 17th Street and the Jetty, as well as 12 vehicle crossing gate arms (2 gate arms at 5th,
1oth, 22nct. 36th, 46 1h, 69th, 72°ct, 73rd, 7th, and 79th Streets). Phase II will include access gate
arms in North Beach for a total of 37 beach access points (specific blocks to be provided
later).
The Miami Beach Police Department (MBPD} is responsible for ensuring the public safety of
residents and visitors. Miami Beach continues to gain popularity as a destination of choice for
local and international visitors. Crime trend analysis also shows that a significant number of
beach thefts, robberies and other instances of violent crime also occur on the beach. In 2011,
despite 916 arrests and proactive enforcement efforts, larcenies in particular continue to be a
challenge for MBPD, which increased by 12.7%. By Uniform Crime Reporting (UCR)
72
Commission Memorandum-ITB 015-2013TC-Design and Installation of Beach Access Gates
February 6, 2013
Page 2
standards, larcenies have 9 sub-categories that include shoplifting, vehicle break-ins where a
theft occurs, thefts from a building, all other thefts which comprises thefts from beach blankets.
Upon review and analysis of UCR Part I Crimes from 2001 to 2011, it is evident that, much like
over the last four (4) years, larcenies are the main driver in the increase of overall crime.
Larcenies are considered crimes of opportunity, associated with a variety of factors which
include a struggling economy and the continued popularity of Miami Beach with increased
visitors and countless special events -all of which create a "target rich environment."
Comparing January to June 2011 to the same period in 2012, beach thefts have increased
from 360 to 404, or approximately a 12% increase. Current staffing levels do not support a
detail dedicated to patrolling the beach with the main issue being visitors frequenting the
beach after midnight. As a tourist driven economy, it is important that visitors feel safe. These
gate arms will provide the MBPD with an additional tool to ensure the public safety.
SCOPE OF SERVICES
Contractor shall provide all labor, equipment material and engineering drawings to design and
install (52) access gate arms along the beach front starting from 141h Place to South Pointe
Park. The work shall consist of the following:
Access Gate Arms
• (1) Aluminum Gate with locking mechanism to receive a pad lock.
• (1) Aluminum post which gate will be hinged from. Post to be 4'-0" high above
grade.
• (1) Aluminum Post with locking mechanism to receive pad lock.
• (1) Aluminum post with arm to support end of gate when gate is in open position.
• Width of gates varies at each location (see attached gate schedule)
• All gates and posts must have reflective tape.
• All gates must include metal reflective signs. (see attached photo) Miami Beach
Police logo shown separate in photo, but must be incorporated into the sign.
• All gate elements shall be aluminum alloy 6061-T6 U.O.N.
• All welds must comply with corrosion resistant coating
• Structures must be designed in compliance with code and the Aluminum
Association Inc.
• All connections must be welded with structural aluminum alloy electrode 5356
U.O.N
• Aluminum members in contact with concrete must be protected with Alkali-
Resistant coating such as heavy bodied bituminous paint or water-white
methacrylate lacquer according to F.B.C.
• Concrete must have a minimum of compressive 28 days strength of 3000 psi.
• Shop Drawings must be submitted to the City of Miami Beach for review prior to
permitting with City of Miami Beach Building Department.
• Contractor I Fabricator to verify final configuration and site specific dimensions
which must conform to Florida Building Code and Florida Department of
Environmental Protection (DEP) permit requirements.
DEP PERMITTING
The proposed scope of work was discussed with the Florida Department of Environmental
Protection (FDEP) Coastal Construction Control Line (CCCL) Program to initiate the field
permitting process. Following this discussion, the City submitted the proposed gate arm
73
Commission Memorandum-ITB 015-2013TC-Design and Installation of Beach Access Gates
February 6, 2013
Page 3
designs and a map showing the proposed gate arm locations to FDEP. Additionally, FDEP
met with the Public Works Department, Property Management, and Environmental Divisions at
the 1oth Street beach entrance to conduct a field visit and obtain the necessary field permit.
However, the FDEP field representative stated that FDEP cannot permit the complete physical
closure of the public beaches unless the City's Beachfront Management Plan designates
specific hours of closure. The Plan does not include language regarding access management;
therefore, an amendment to the Plan is required to install gate arms at every beach access
location. FDEP is prepared to issue a field permit to install gate arms at every other beach
access.
The gate arms are a priority for the Police Department. Since installing overnight barricades at
access points, there has been a significant decrease in the number of nighttime crime
incidents on the beach. It currently takes two officers an hour to set up the barricades from
South Pointe to 15th Street. With Police intending to expand this program to other points in the
City, having 26 gate arms installed would greatly reduce the time needed to restrict access to
the beach and allow for officers to barricade other access points. The gate arms would also
serve as a psychological deterrent given that they would be permanent fixtures as opposed to
current barricades that can be easily moved. Understanding that the FDEP permit process
may extend the completion of all 52 locations, Police would like to proceed with the installation
of as many gate arms as can be presently being permitted (26 of 52 locations) with the
ultimate goal of installing access gate arms at every proposed location.
In addition, the Procurement Division confirmed with ALM Machine, Inc., the Administration's
recommended bidder for award, that ALM is willing to install the initial 26 gate arms and hold
their overall prices for four (4) months while the City resolves the permitting issue for the
remaining work. Should FDEP decide not to issue any permits for the remaining 26 locations,
ALM is willing to perform the work for the initial 26 gate arms at the unit prices noted in their
unit price breakdown form.
ITB PROCESS
Invitation to Bid (ITB) No. 015-2013TC was issued on December 24, 2012, with an opening
date of January 16, 2013. A pre-bid conference was held on December 28, 2012, to which no
prospective bidders attended.
The Public Group and Bidnet issued bid notices to 49 and 21 prospective bidders respectively,
of which 11 downloaded the solicitation. In addition, 69 vendors were notified via e-mail, which
resulted in the receipt of the following four (4} bids:
• ALM Machine, Inc.
• Eduardo I. Valdes d/b/a Artemisa Fence & Ornamental, Inc.
• Guaranteed Fence Corp.
• Tropic Fence, Inc.
Through the Procurement Division's review of each bid for responsiveness, Artemisa Fence &
Ornamental, Inc., the apparent lowest bidder, was deemed nonresponsive for failing to submit
the required 5% bid guaranty as part of their bid.
As a result, the following table provides the proposed total base bid prices of the three (3)
responsive bids, based on unit pricing, according to the width of the gate arms:
• ALM Machine, Inc. $89,900.00
74
Commission Memorandum-ITB 015-2013TC-Design and Installation of Beach Access Gates
February 6, 2013
Page 4
• Tropic Fence, Inc.
• Guaranteed Fence Corp.
$111,509.00
$118,084.00
On January 18, 2013, Public Works Assistant Director Jay Fink met with the Procurement
Division to review the proposals received. The recommendation by the Public Works
Department is to award the contract to ALM Machine, Inc. as the lowest and best responsive
bidder based on their price and previous experience working throughout South Florida over
the past five years.
COMPANY PROFILE
ALM Machine Inc. has been providing fencing and general contracting services to South
Florida since 1996. Their staff has over 20 years of experience in fence welding, fabrication,
and installation primarily performing for various departments for Miami-Dade County.
INTERIM CITY MANAGER'S DUE DILIGENCE
After considering the review and recommendation of City staff, the Interim City Manager
exercised her due diligence and carefully considered the specifics of this ITB process. As a
result, the Interim City Manager recommends to the Mayor and City Commission to award the
contract to ALM Machine, Inc. and further authorize the Administration to engage in value
engineering to further reduce the cost and time for completion of said project.
CONCLUSION
Therefore, the Administration recommends approval to award a contract to ALM Machine, Inc.,
as the lowest and best responsive bidder, pursuant to Invitation to Bid 015-2013TC, for the
design and installation of beach access gate arms, and authorizing the Mayor and City Clerk
to execute an agreement in the amount of $89,900.00, plus a 10% project contingency, for a
not-to-exceed grand total of $98,890.00 from funds previously appropriated in the Capital
Budget; and further authorizing the Administration to engage in value engineering to further
reduce the cost and time for completion of said project. Additional gate arms may be
purchased and installed as long as funding is available and the locations are acceptable to
DEP.
KGB/JGG/FB/AD
T:\AGENDA\2013\February 6\ITB 015-2013TC-Beach Access Gates-Memo. doc
75
...... en -1 r ~ I Wl01l1 VARtES l AUJMINUMGATEPOST{TYPI SUPPORT MEOIBERS AS REQUIRE SUPPORT MEMBERS ·----------------------~ MATCHING FLANGE ON GAlE & POST W/OPEN!NG TO ACCEPT PADLOCK (SEE LOCK DETAIL) ALUMINUM GATE Pos·r ACCESS GATE ELEVATION "~~we M>(m>)--~ ""'""' ~~ •~• (m>J~ II AI.UMINUM POST SUPPORT -' FOR GATE ARM l'fl-JEN GAlE IS OPEN (TYP.) Na~t!CQtl p~~~~· / / _.,... -rr pU ACCESS GATE PLAN VIEW "-'~ sw-~ O.l>aeB~ ~. FI'!!Dti.~'r.r: GATE NOTES: :W.TE WIDTH VARIES. FINAl DIMENSION TOllE AELD VERIFIED -EI'IGIIIEEHINGS f'tANS WILt BE SUBMITIEO AS SHOP ORAWINGS FORAI'PROW\L PRIOR TO FADRICATION LOCKJNG IJETAJL !S FOR lu.usTAATIVE PURPosES ONLY ArW.. l:M:Sr-GN to WITHSlAND VANDALJSMANO ACCEPT STAl'IDAl!D PADLOCK ~DEPTH Of FOOTING AND M10UNT Of CONCRETE 1"0 BE DETERMINED BY ENGINEER OF RECORDS. -All CONSTRlJCTlQN TO BE RATED FOR HIGH VELOCITY HUAAICAN£ WINDS ~ WEWEO FLANGE ON POST i\ND I GATE TO ACCEPT PADLOCK ' I ....... ALUMINLlM POST ~(TW.) LcATE ARM (TlP.) LOCK DETAIL ~-~~ ""'"'-...... ~. 'U!;'l9tl2 M--3C"UA.doo;o·------__.,._ -~~--.lctf
C4
COMMISSION COMMITTEE
ASSIGNMENTS
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, wwvLJilk.troib!'Q(;_bJI.Q.QY
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Honorable Mayor and Members of the City Commission
Kathie G. Brooks, Interim City Manager -t"Al
February6,2013 ({/ lvv
SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE DISCUSSION
REGARDING RENEWAL OF THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH AND THE SUPERLATIVE GROUP FOR PROFESSIONAL SERVICES IN
CORPORATE SPONSORSHIP MARKETING PURSUANT TO REQUEST FOR PROPOSALS NO.
06-04/05.
BACKGROUND:
Municipal Marketing, or corporate sponsorship, is designed to" link complimental}' corporate brands for mutual
benefit." For cities, this represents an opportunity to generate non-tax revenues, to provide services or goods
at no cost to residents, and to provide promotional opportunity for the City that may attract residents,
businesses or visitors. For business partners, the benefit is typically some form of advertising, public relations
or visible recognition, with an end goal of further promoting their brand. While the business gains financially by
marketing advantage and/or customer loyalty enhancement, the advantage to the City is primarily financial.
Corporations will pay the City for the ability to use or link with our City image and identity, especially as our City
enjoys an excellent public image and is considered a strong "brand." Miami Beach is especially well positioned
to implement this now well-established model for generating additional revenue.
The suggestion that that City implement a municipal marketing program was first introduced by the Parks and
Recreation Programs Blue Ribbon Citizen's Committee as a mechanism to assist in funding program costs for
our Parks Department The City established a Development Coordinator position whose primary responsibility
was to identify potential advertising and sponsorship opportunities. The Development Coordinator
subsequently researched current successful corporate sponsorship consultant practices; reviewed other local
government corporate sponsorship programs; formed and led a City of Miami Beach corporate sponsorship
evaluation team; interviewed several leading national corporate sponsorship consultants; and determined that
the City of Miami Beach had significant potential for success through a professionally structured and managed
corporate sponsorship program.
Developing and implementing a successful Municipal Marketing program requires inventorying City assets,
determining the sponsorship marketing value of the assets, developing sponsorship management policy, the
actual marketing of the assets and negotiating sponsorship contracts. As such, the City determined that
professional assistance was desirable and issued an RFP for services.
A competitive (RFP) process was issued in 2004. The City received proposals from a variety of consultants
proposing to assist the City of Miami Beach with the development and implementation of a Corporate
Sponsorship Program pursuant to Request for Proposals (RFP) No. 66-02/03. The Corporate Sponsorship
Program was intended to broadly market the City of Miami Beach and to attract revenues to the City of Miami
Beach by allowing corporate sponsoring entities to identify with the City. However, due to a bid challenge and
subsequent investigation, no action was taken at that time. In 2005, a second competitive process was issued
(RFP) for the Development and Implementation of a Citywide Corporate Marketing and Sponsorship Program.
Four responses were received for that competitive process, with the Commission selecting IMG, an industry
leader in municipal marketing. In particular, IMG had supported municipal marketing plans in several U.S.
Cities. The Commission further approved that if we were unable to negotiate an agreement with IMG, then we
were authorized to negotiate with the second ranked proposer, The Superlative Group.
78
Agenda Item C 'lA
Date ;).~fr/,3
The proposed agreement was to be divided into two phases (as described in the RFP).
1. Phase 1: Conducting an inventory of existing and prospective tangible and non-tangible marketing assets;
2) Developing a comprehensive sponsorship policy; and 3) Developing a strategic plan for marketing
assets.
2. Phase II: At its sole discretion, the City could elect to
• Terminate the corporate sponsorship program; or
• Continue the program with the marketing of inventoried and valued assets with the vendor that
performed work outlined in Phase I, paying earned commissions to the vendor through that process;
or
• Continue the program through issuance of an RFP for a new vendor to market the inventoried assets,
paying earned commissions to the new vendor through that process.
This Phase II work would consist of marketing the City's assets, to include developing sample rights packages
for the marketplace; assisting in the evaluation and development of sponsorship RFP's; preparing reports and
presentations on the City's municipal marketing program, as directed by the City; assisting in contract
negotiations; and providing advice in implementing/managing sponsorships. The decision to enter into Phase
II work, or to proceed to implement the sponsorship program, and with which consultant, is solely that of the
City Commission.
IMG proposed a fee structure that provided a monthly fee of $20,000 per month for the first 12 months of the
relationship (plus approved expenses), and a 20% sales commission on all amounts generated for the City;
this included a credit to the City of up to 50% of any fees received against the commissions generated if they
were selected for Phase 2. After several months of discussions, the City negotiated a fee of $60,000 plus
expenses. However, in February 2006, IMG notified the City that they would not be continuing their
negotiations and would not execute their agreement with the City, as they were reconsidering the continued
participation in municipal marketing programs at that time.
Following consultation with the City Attorney's office, and as approved by the Commission action, staff began
negotiations with the second-ranked proposer, The Superlative Group, for Phase 1 of the program. A final
agreement was executed effective March 22, 2007 for a contract amount of $39,000 (plus expenses) to
provide the three deliverables in Phase 1.
In consultation with the City's Development Coordinator, The Superlative Group developed a strategy for the
compilation of the information for an Asset Inventory and Valuation Report. This process entailed interviewing
City Departments, and conducting site visits to assess potential sponsorship opportunities within the City.
Subsequently, The Superlative Group was to complete the second and third deliverables, the Strategic Plan
and the Policy Document. The Asset Inventory and Valuation Report was completed in late 2007 and required
revisions and updates. In early 2008, it was concluded that all three deliverables should be completed for
presentation to the City Commission concurrently.
The Superlative Group (TSG), has identified priorities for their efforts, while other activities have been
identified to be pursued internally with the City's Development Coordinator. The City's Development
Coordinator serves as the contract support staff for TSG.
Efforts have focused on identifying potential municipal marketing partners and opportunities for partnership,
and reaching out to these potential partners to gauge interest. The current economic conditions have impacted
the marketing budgets for many large corporations with histories of engaging in these types of partnerships;
municipal marketing efforts are funded principally from marketing budgets, as they serve the primary purpose
of promoting the corporation's brand and/or product. Not surprisingly, corporate marketing budgets have been
impacted and are often the first affected when cost-cutting measures are initiated. While we continued to
pursue various efforts in municipal marketing, as you know, we made considerable progress in the area of an
Exclusive/Official citywide beverage partner, resulting in the ten-year exclusive, non-alcoholic beverage
sponsorship with Coca-Cola Refreshments.
Most recently, TSG initiated discussions with Carnival Corp who was interested in collaborating with the City
on South Pointe Park. The Finance and Citywide Projects Committee (FCWPC), which recommended against
pursuing naming rights for public parks and requested the administration pursue development of park
foundation, discussed the concept. TSG is currently assisting the City in negotiations with Energizer relating to
a licensed sunscreen product ("official Miami Beach sunscreen").
79
CONCLUSION:
The Agreement has an initial term of three (3) years, which expired on February 1, 2013. The Agreement
includes two (2) additional one (1) year renewal terms, upon the same terms and conditions at the City
Manager's sole option and discretion. The Administration is seeking direction from the FCWPC and the City
Commission on whether or not to renew the Agreement with TSG and, therefore, recommends referral to the
FCWPC.
T:\AGENDA\2013\February 6\FCWPC Referral Memo re TSG Renewal.doc
80
~O/O-J73o Cj
AMENDMENT NO. l TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF Mit\MI BEACH, FLORIDA (CITY) AND THE
SUPERLATIVE GROUP, INC. (CONSULTANT) FOR PROFESSIONAL
SERVICES IN CORPORATE SPONSORSHIP MARKETING PURSUANT TO
REQUEST FOR PROPOSALS NO. 06~04/05
This Amendment No. 1 is made and entered this H day of k 0r(("'rr2010, by
and between the CITY OF MIAMI BEACH, FLORIDA (City), a municipal
corporation having its principal office at 1700 Convention Center Drive, Miami Beach,
Florida, 33139, and THE SUPERLATIVE GROUP, INC. (Consultant), an Ohio
corporation, having its principal office at 2706 Franklin Blvd., Cleveland, Ohio, 44113.
RECITALS:
WHEREAS, on February 23, 2005, the City Commission approved the issuance
of Request for Proposals No. 06-04/05 for the purpose of implementing a municipal
marketing program (the RFP); and
WHEREAS, on March 22, 2007, the City entered into a Professional Services
Agreement with Consultant for Phase I of a municipal marketing program, which
included the development of an Asset and Valuation Inventory, a Strategic Planning
Document, and a Policy Document (the Agreement); and
J ' \
WHEREAS. Consultant has completed its Phase I services/deliverables; and
WHEREAS, the City and Consultant now wish to amend the Agreement in order
to proceed with, and provide the scope of services and compensation schedule for, Phase
II of the municipal marketing program, which will address implementation of the
program (including, without limitation, soliciting and entering into municipal marketing
agreements with business entities).
NOW THEREFORE, in consideration of the mutual promises contained herein,
the City and Consultant hereby amend the Agreement as follows:
1. The foregoing recitals are true and correct and are hereby incorporated by
reference into this Amendment.
2. Section 1 of the Agreement, entitled "Definitions," is amended to include the
following defined term:
Sponsorship Agreements: shall mean fully executed written contracts
procured by Consultant, and approved by the City, for sponsorships,
naming rights, and/or .·;licensing agreements. Notwithstanding the
81
preceding, Sponsorship Agreements shall not include contracts where the
sponsor, person or entity requesting the naming right(s), and/or licensee,
initiates the contact directly with the City, and there has been no previous
contract between Consultant and that sponsor (or personJentity requesting
the naming right(s) and/or licensee) on behalf of the City.
3. Section 2 of the Agreement, entitled "Scope of Work," is amended to include and
incorporate Exhibit "A," attached hereto, which shall define Consultant's scope of
workiservices for Phase II of t~e f\greement (development and implementation of
the City's municipal marketing program). In addition to the scope of services,
Exhibit "A" also sets forth the timeline within which Consultant is required to
complete any deliverables, and/or achieve milestones/benchmarks, as required by
the City for Phase II.
4. Section 3.1 of the Agreement, entitled "Fixed Fee," is deleted in its entirety and
replaced with the following new Section 3.1, entitled "Compensation for Phase
II":
3.1. The City hereby acknowledges that it has elected to proceed with
Consultant to provide Phase II services under the Agreement, as more
specifically set forth in Exhibit "A" hereto.
Accordingly, in consideration of Consultant's performance in a
satisfactory and efficient manner, as detennined solely by the City
Manager or his designee, of Phase II services and work, as set forth in this
Amendment No. 1 and Exhibit "A" hereto, the City agrees to compensate
Consultant as follows:
3.1.1 Upon the parties' execution of this Amendment No. 1, and
as agreed ·in the original Agreement, Consultant shall
refund'to City fifty percent (50%) of the fees (or $19,500)
paid to Consultant for Phase I services under the
Agreement. The City shall deduct this $19,500 amount as a
reimbursable draw from commissions earned by Consultant
on the first $2 million of total gross revenues to the City
(OR) generated by Sponsorship Agreements obtained by
Consultant pursuant to this Agreement. In the event that
the commissions due Consultant during the initial term of
the Agreement do not satisfy the $19,500 owed to the City,
then the City and Consultant shall mutually agree on an
alternative method for reimbursement of the full (or
remainder of the full) amount.
3. 1.2 On the Commencement Date (as defined in Section 4.4),
and thereafter at the beginning of every month for the
proceeding eight (8) months of the Term, City shall pay
2
Consultant a draw against future commtss10ns on
Sponsorship Agreements, in the amount of $5,500. The
draws shall be credited against any commissions due
Consultant. In no event shall the total amount of the draws
against commissions paid to Consultant during the Hrst
nine (9) months of the Term, exceed $49,500.
3 .1.3 Commission Structure. Consultant shall be entitled to
receive a commission based upon a percentage of total
gross revenues to the City (GR) generated by Sponsorship
Agreements obtained by Consultant pursuant to this
Agreement (Commission Payment). The commission
structure shaH be as follows:
(i) 15% commission on $0 -250,000 in GR to
City;
(ii) 12% commission on $250,001 -500,000 in OR
to City;
(iii) 10% commission on $500,001 -1,000,000 in
OR to City;
(iv)6% commission on $1 ,000,000+ in OR to City;
And, additionally,
(v) 7% commission on renewals (percentage of OR
for first renewal only);
(vi)45% commission on licensing agreements (to
include monitoring); and
(vii) 10% commission on budgeted cost
avoidance measures, as defined in Section 3.1 . 6.
3 .1.4 City shall pay Consultant the Commission Payment within
sixty (60) days following receipt of revenues from
Sponsorship Agreements. Consultant shall only be entitled
to receive Commission Payments on payments actually
received by the City. If the Agreements arc multi-year in
nature, and payments to the City are made annually or in
installmerits, theh Consultant shall be paid the Commission
Payment within sixty (60) days after receipt of the annual
(or other installment) payment by City.
3.1.5 The packaging and pricing of Sponsorship Agreements
may be changed by the City from time to time, in its sole
and reasonable judgment and discretion, and Consultant
shall not receive any increase in Commission Payments as
a result of such change(s) unless (i) Consultant directly
3
83
negotiated the change(s); and (ii) the City (through its City
Manager or his/her designee) and Consultant agree, in
v.rriting, that Consultant is entitled to an increased
Commission Payment(s) as a result of such change(s).
3.1.6 For purposes of this Section 3.1, "budgeted cost avoidance
measures" shall mean procurement by Consultant of items
previously included in the City's approved annual
operating budget. Consultant shall receive a Commission
Payment for such itcm(s) if, and only if, City would have
purchased said item(s) from another source outside the
scope of this Agreement. The Commission Payment for
said item(s) shall be based on the amount budgeted and
such payment shall be made upon delivery and acceptance
by the City of the item(s). The City shall not owe nor be
required to pay a Commission Payment if said item(s)
does/do not assist or reduce items in the City's approved
annual operating budget. Whether or not a particular item
falls within the definition of budgeted cost avoidance
measures shall be left to the sole discretion of the City
Manager or his/her designee.
·.,; 1 ;.
3.1.7 The City shall reimburse Consultant's travel and other out
of pocket expenses for Phase ll, up to a total amount not to
exceed $15,000 during the Term. The City Manager or
his/her designee must approve all expense reimbursements
in advance, in writing. The City shall not owe, nor be
required to reimburse Consultant for, any expenses that
have not been pre-approved, in writing, by the City
Manager or his/her designee.
3. l. 8 All work/services performed by Consultant hereunder shall
be performed to the satisfaction of the City Manager or
his/her authorized designee. The determination by the City
Manager (or his/her authorized designee) shall be final,
binding and conclusive on all parties hereto. Final
acceptance of work product and services shall require
written approval by the City Manager or his/her designee.
Payment will only be made to Consultant following written
approval of any such final work product and/or services by
the City Manager or his/her designee. The City shall be
under no opligation to pay for any workJservices performed
by Consultant which is not satisfactory to the City Manager
or his/her designee. The City Manager shall have the right
to terminate this Agreement should Consultant's work not
be satisfactory to the City Manager (or his/her authorized
4
84
designee); provided however, that the City shall have no
obligation to terminate and may withhold payment for any
unsatisfactory work/services, (even should City not elect to
terminate).
3.19 The City shall not be obligated nor liable under this
Agreement to any party other than Consultant, for the
payment of any monies or the provision of any goods or
services.
3.2.0 Additional Services. At its sole option and discretion, the
City may request Consultant to provide additional services
(and reserves the right to negotiate an additional fee andJor
separate commission structure for), subject to mutual
agreement of the parties and pursuant to a written
amendment to this Agreement, executed by the parties.
Additional services may include, without limitation, a
request by the City to Consultant for Consultant's
assistance with any existing City municipal marketing
and/or agreement(s); and assistance on sponsorship
agreements, license agreements, etc. that the City
negotiates directly with Consultant.
5. The language in Section 4.4 of the Agreement, entitled "Duration and Extent of
Agreement Term," is deleted in its entirety, and replaced with the following new
language:
The term of this Agreement shall be for an initial term of three (3) years,
commencing on the last date of execution of the Agreement by the parties hereto
(Commencement Date). At the City Manager's sole option and discretion, the
Agreement may be renewed for two (2) additional one (1) year renewal terms,
upon the same terms and conditions set forth herein, upon written notice to
Consultant, which notice shall be provided no later than thirty (30) days prior to
the expiration of the initial term (or the first renewal term, as the case may be).
6. Section 4.7 ofthe Agreement, entitled "Termination, Suspension and Sanctions,"
is amended to include the following new Section 4.7.5, entitled "Payment
Calculation Upon Termination!Procedure(s) Upon Termination:"
4.7.5 Pavment Calculation Upon Termination!Procedure(s) Upon
Termination.
4.7.5.1 For Convenience by City or for Cause by Consultant.
In the event the City terminates the Agreement for
convenience, or Consultant terminates the Agreement for
',,_,
5
4.7.5.2
4.7.5.3
4.7.5.4
4.7.5.5
cause, Consultant shall be entitled to its Commission
Payment(s) on Sponsorship Agreements executed as of the
date of tem1ination.
For Cause by City.
In the event this Agreement is terminated for cause by the
City (as a result of breach by the Consultant), any amount
owed Consultant will be calculated based solely upon the
fair value to the City provided by Consultant up to the date
of termination.
The City shall have the right, at its sole option and
discretion, to contract with another consultant to complete
(and/or continue, as the case may be) the work/services
required under this Agreement. The City shall also have
the right to offset the cost of the agreement with a new
consultant against Consultant's future or unpaid invoices
(including, without limitation, any unpaid Commission
Payments).
Within thirty (30) calendar days of the effective date of
termination of this Agreement, Consultant shall submit to
City its claims, in detail, for the monies owed by the City
for work/services performed under this Agreement through
the effective date of termination. Failure of Consultant to
submit its claims within said thirty (30) calendar days shall
negate any liability on the part of City and constitute a
waiver by Consultant of any and all right or claims to
collect monies that Consultant may rightfully be otherwise
entitled to for workJservices performed under this
Agreement.
Upon the effective date of termination of this Agreement,
Consultant shall cease all work/services being performed
by Consultant · (including any of its subcontractors)
pursuant to this Agreement. Should Consultant be in
negotiations with a potential sponsor at the time of
expiration or earlier termination of this Agreement, the City
will be allowed, at its discretion, to continue negotiations
and/or otherwise follow up with any such potential
sponsor(s), without any liability to Consultant (whether
financial or otherwise).
Regardless of how this Agreement is terminated,
Consultant shall affect an orderly transfer to City, or to
6
4.7.5.6
4.7.5.7
-· L
such person(s) or finn(s) as the City Manager or his/her
designee may designate, at no additional cost to the City, of
all completed or partially completed documents, papers,
records, charts, reports, and any and all other materials or
information produced as a result of, or pertaining to, the
work/services rendered by Consultant, hereunder,
regardless of storage medium (collectively, the Records).
Assembly and delivery of the Records to City shall be at
Consultant's sole cost and expense. Payment of any
compensation due to Consultant shall be conditional upon
delivery of any and all Records, as required herein.
In no event shall City's action of terminating this
Agreement, whether for cause or otherwise, be deemed an
election of City's remedies, nor shall such termination
limit, in any way, at law or equity, City's right to seek
damages or otherwise pursue Consultant for any default
hereunder or other action.
UNDER NO CIRCUMSTANCES SHALL ClTY BE
LIABLE TO CONSULTANT, OR TO ANY THIRD
PARTY CLAIMING BY OR THROUGH
CONSULT ANT, FOR CONSEQUENTIAL DAMAGES
OR LOST PROFITS.
7. Section 4.16, entitled "Notices," shall delete the reference to the City's
Communications Office (and Jay Moore).
8. Section 4. 19, entitled ''Limitation of Liability," is hereby amended throughout
said section to change the dollar amount of the City's limit on its liability from
$1000 to $50,000. In addition to being capped at $50,000, the City's liability for
any cause of action for money damages due to an alleged breach by the City of
the Agreement shall also be offset by any sums actually paid to Consultant by
City through the effective date of termination of the Agreement
9. Section 4.20, entitled "Dispute Resolution," is hereby added as follows:
4.20 Dispute Resolution.
City and Consultant agree that every effort shall be made to
resolve any dispute arising under this Agreement informally
through their designated representatives. For purposes of this
section, the City's designated representative shall be the City
Manager or his/her designee.
7
87
If the informal efforts are unsuccessful, then either party may
request mediation by submitting a written request to the other
party. Within thirty (30) calendar days, of the request of any party,
the parties shall mutually agree on the person or alternative dispute
resolution agency to conduct the mediation. The initiating party
shall then schedl!fe" the .mediation. The costs of the mediation and
fees of the. mediator, if any, shall be borne equally by the parties.
Any dispute not resolved through the mediation may proceed to
litigation in a court of competent jurisdiction in Miami~Dade
County, Florida, unless the parties agree, in writing, to submit the
dispute to binding arbitration.
The duties and obligations imposed by this Agreement, and the
rights and remedies available hereunder, shall be in addition to,
and not a limitation of, any duties, obligations, rights, and remedies
otherwise imposed or available by law. No action or failure to act
by the City or Consultant shall constitute a waiver of any right or
duty afforded either of them under this Agreement, nor shall any
such action or failure to act constitute an approval of or
acquiescence in any breach thereunder, except as may be
specifically agreed to in writing.
l 0. Consultant's invoices for any payments due pursuant to this Agreement shall be
mailed to:
City ofMiami Beach
Office ofthe City Manager ·r
1700 Convention Center Drive, Miami Beach, Florida 33139
Attention: Hilda Fernandez, Assistant City Manager
!1. No Further Modifications. Except as provided in this Amendment No. 1, the
Agreement remains unmodified and in full force and effect.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
8
88
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date flrst entered above.
ATTEST:
ATTEST:
Ashley Malone ___ . __
Print Name
89
CITY OF MIAMI BEACH, FLORIDA
9
APPROVED AS TO
FORM & LANGUAGE
tk FOR CUTION
/ J .
/ /' F-1--__,....,_.__·__ 7 t l \ ~ ( i) ~ty _ neyq)'~ Data
EXHIBIT A
SCOPE OF SERVICES
1. Develop and present within 90 days of agreement execution a list of
corporate prospects (local, regional, national and/or international) to pursue,
both short term (12-18 months) and long term (18-36 months), and develop
a priority list and marketing and sales plan for these prospects.
2. Develop, in cooperation with the City's Communications staff, marketing
materials (within 90 days of agreement execution)
3. Assist the City in the development of Request for Proposals or "Invitation for
Best Value Bids" or any such other process that assists the City in
maintaining an open and competitive process for soliciting and securing
corporate partnerships, as may be appropriate for each type of municipal
marketing opportunity. This would include marketing the opportunity to
potential partners, and assisting the City in the evaluation of proposals
received.
4. Assist the City in negotiating the municipal marketing partnership agreement
terms with selected partners, and in the development of the municipal
marketing partnership agreement document.
5. Present prospective municipal marketing partners for the City's consideration
6. Assist City staff with any community vetting necessary to ensure an
understanding of proposed partnerships and address concerns.
7. Assist City staff, as needed, in determining what, if any, City ordinances may
require amendment to accomplish some of the goals or particular municipal
marketing strategies.
8. Develop a plan for managing the fulfillment obligations for each successful
municipal marketing agreement
9. Provide monthly reports that provide a status update on the progress in
achieving Item 1 above, including what phase of progress has been made
(e.g. research/identification of targets, contact made, meetings held, follow up
held, preliminary proposal drafted/discussed, etc.)
10
90
!42957 THE SUPERLATIVE-GROUP-~-INC. '--r~118~-=-_ _=__ .J~V01/Z~~i3;12~~J~u~~CI,PAL ~~~~~h~GAA~~·· ~~: . -·~=~---$s~oo.o~~!~42o1~:t·a~~~~crli1~~1-~-~~~~o-icmQ;ti~ ~11121 .,. ___ _L03/01 ~~~10 J~321260_.~..~~-~ICIPAL M!,-R~~!ING ~~O~RA~-------:t-··---~-~~--~~-~-06. /1~~01 <:_~~;~.~ 06118/!.~:@.E-~~) !11124 _J 04/01/2010 j2321261 !MUNICIPAL MARKETING PROGRAM -+-$5,500.00!wire _j2010 ! 06/16/2010 !61~ 06/18/2010 !cmgrdepn l r:;ffi9----···----· 1-·a47o7!2oroTz311o7sJ:......LPAYMENTTO THES-UPERLA"i'ivE GROUP, INC.±·-4--${2163Bt1cmQrha-la___ 12offif047o7!2o10i29e271 1 04/i3/2o10 i-;;mgrhala -i1 l t I • ~ l ! ~~•11126 ··~==.--==-t~sl07i2c::_~·i~~~2262 ~~~c~~~R-KE~~~-PR.9GRA~=-= -~.--!~~~~~~~~~~:~.-=-=-J~o_to··t=~~~o~!:.:.~~~~201 a·};;mgrde~j 11132 ==J06/01/2010i2333625 jJUNE20101NSTALLMENT L $5,500.00jcmgrdepn !2010 09/14/2010 i304677 I 10/07/2010 !cmgrdepn i b 133 -· _ 1 07~1/2o1·oj2~~~62~_JJui::Y2ofo!NS~_,~IL~~----·--~~'~I~P" :-:]2010 f-""'~D~~~-'''"~p,;j 11144 1 08/02/2010-~333627 !AuG20101NSTALLMENT 1 $5,50000jcmgrdepn j2010 09/14/2010-t304677 l 10/07/2010 jcmgrdepn 1 ~11~-.-.-.-.. --.-. __ l ~9Jo1::oT~~~98~SALESA~-~~MENT-~ORSEPT~~~~~2~1o r-.=_}~~soo~~~~:~~pn. :po1!r 1. _o9i357201oi~~~~87_ t:~i1-~~o1o}~~grd:_p_d 1s · · "-· ·_. ___ 12010 TotaiPa!ments ~-----· .~.-· __ :_.c-.--~--------~-----·-· --~5,2_!_6.~38 --· · · · · ·. · _ -------------~---·-.J fV9ice jj-:--. ·--~ .· I lnvoieepa"t'ef"" lnvr···ice. \0··.-esCrlption---. -. -c------~~.-.-.. -":'-.. -. -. -.. -_.,;--.-. -·-:-. ~~. TotalA~ountfBOcum~u .. ·.p-········.·r·.···· Fis~.'!· .. D· ocume~e.jc···~heck.·· .-r·check..,.._.· fB_equestc;rl ! ·· . 1 . ·. •. L Doc#! _ . , · . 1 l • ,Yew." .. jTransfer#jTransferDatej ! t11 Hn_·.· -· ·-· -·-···-~~"·j-o2i14t2ofH236o2:istNiYffi GAL"Li6T·iE'R.fRAvE'CExF'"E"NsEs--·-···-+-· -~-· $s92~sfcmgrci8P~n-...2.:l2o1~t-"o3J2972o11~1267s!o3131/2o11lcmg7depn ~ [t~ .. · ·· ·===~-§~~~~~~Piy;nent:> .,1---~~=~---=~---.,-_ -. ~ · --~..:_--~==~~·ss~ss:-· --=~=---~ · ... '==~-~~-=~~~=~.====--~--~= · -·--:}', 10 2010 & 2011 Total Payments $45,809.23
Superlative Monthly Reinburstments
FY10
Month Amount Paid Travel Travel Balance
March $5,500.00 $15,000.00
AQril $5,500.00
May $5,500.00
June $5,500.00
July $5,500.00
August $5,500.00
92
' '
'
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, .FLORIDA
AND
THE SUPERLATIVE GROUP, iNC ..
FOR PHASE J PROFESSIONAL SERVICES
IN CORPORATE SPONSORSHIP MARKETING
THIS AGREEMENT made and entered into this 22nd day of March, 2007, by and
between the CITY OF MIAMI BEACH, FLORIDA {hereinafter referred to as City), a
municipal corporation, having its principal. offices at 1700 Convention Center Drive,
Beach, Florida, 33139, and THE SUPERLATIVE GROUP~ INC. (hereinafter
referred to as Consultant), an Ohio corporation, having its principal office at 2708
Franklin Boulevard, Cleveland, Ohio 44113.
Agreement
City Manager:
Consultant:
Services.:
Fee;
Risk Manager:
SECTION 1
DEFINITIONS
This Agreement between the City and Consultant.
The Chief Administrative Officer of the City.
For the purposes of this Agreement, Consultant shall be deemed
to be an independent Consultant, and not an agent or employee of
the City.
All services, work and actions by the Consultant performed
pursuant to or undertaken under this Agreement, as described in
Section 2.
Amount paid to the Consultant to cover the costs of the Services.
The Risk Manager of the City, with offices at 1700 Convention
Center Drive, Third Floor, Miami Beach 1 Fforic;la 33139, telephone
number (305) 673~7000, Ext. 6435, and fax number (305) 673~
7023.
1
93
Proposal
Documents: "Proposal Documents" shall mean City Request for Proposals, No.
06~04/05 for the Development and Implementation of a Citywide
Corporate Marketing and Sponsorship Program, together with all
amendments thereto by the City issued in contemplation of this
Agreement, and the Consultant's proposal .in response thereto
(Proposal Documents), all of which are incorporated by reference
hereto and made a part hereof; provided, however, that in the
event of a conflict between the Proposal Documents and this
Agreement, the terms of this Agreement shall supercede and
prevail.
SECTION 2
SCOPE OF WORK
The Consultant agrees to provide the City vtith the following services
(collectively, the Services):
2.1 Phase I Services:
In Phase !, the Consultant will research, write and deliver to the City three
reports with the goal of enabling the City to determine v.rhether it might profitably and
·appropriately operate a Corporate Sponsorship Program. The three deliverables are;
1) Ma,rketing Asset Inventory and Valuation: A written inventory of existing and
prospective tangible and non*tangib!e marketing assets, including an estimate of
their potential sponsorship financial value;
2) Comprehensive Soonsorship Polic~: A written policy reflecting recent
municipal corporate sponsorship policy guidelines employed by cities in the U. S.
with corporate sponsorship marketing potentials similar to those of the City of
Miami Beach.
3) 9trategic Plan for Marketing Assets: A written plan for maximizing the
corporate sponsorship potential of City of Miami Beach assets through
2
94
marketing of those assets.
2.2 Objective 1: lnventqry_gnd Valuation of Existlnq and Prosgedive Tangible and
Non-tangi~le Mark~ing Assets.
The Inventory should include, but not be limited to:
1. On-,site visit<=~tions and interviews of City department heads and other personnel,
as may be deemed necessary by the City Manager or his designee, in his or her
reasonable discretion or determination, as a planning step to understanding the
existing marketing and sponsorship activity !eve!.
These visitations/interviews will include, but not be limited to, supervisory City
personnel responsible for:
• Building Department
"' City~owned Marinas
~ Children's Affairs
• Tourism & Cultural Affairs
• Community Development
• Economic Development
• Historic Preservation
~ Finance Department
• Fire Department
• information Technology
\It The Mayor and Members of the City Commission
• Office of Budget & Performance improvement
• Parking Department
• Police Department
• Parks & Recreation Department
• Planning Df:partment
• Procurement Division
• Sanitation Department
• City-owned visitor and convention. entertainment and cultural facilities
including; without limitation. the Miami Beach Convention Center, the
3
95
Jackie Gleason Center of the Performing Arts, the Bass Museum, the
Colony Theater, the Byron Carlyle Theater, the Miami Beach Botanical
Garden.
The objective of these visitations/interviews would be to gain an understanding of
the aforestated respected City department and division goals, plans, commitments,
resources and all other data required to prepare a Sponsorship Marketing Asset
Inventory and Valuation. Such data will be consolidated into a spreadsheet format to
provide a comprehem~ive asset database.
With approval of and direction from the Clty Manager and/or his designee, the
Consultant will also visit/interview outside organizations and businesses whose
activities impinge on the overall success of the City.
These include, but are not limited to:
• Health agencies & Hospitals
• Beach Concessionaires
lilt Other Vending Concessionaires
• County and State Department of Transportation
• Entertainment and Cultural Facifities within the City (such as the
Wo!fsontan Museum, The Bass Museum, the lincoln Theater, the Miami
City Ballet, New World Symphony, and the Ziff Jewish Museum)
• Miami Beach Golf Courses
• Miami Beach Tennis Facilities
" City of Miami Beach Government Access Cable TV Station
The Consultant also will review ail contracts for special events (as further
outlined in the Proposal Documents.)
The Consultant will also educat~ City personnel and contractors and consultants
regarding the potential of the corporate sponsorship program to enhance the City of
Miami Beach brand, to strengthen the City's economic base, and to attract additional
revenue(s).
2. Examination of any current City asset management agreements, including but not
limited to agreements for:
a. Beach Concessions;
4
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b. Golf Courses;
c. Vending Machines;
d. Tennis Centers;
e. Jackie Gleason Theater of the Performing Arts; and
f. M!ami Beach Convention Center.
3. Examination of City marketing materials and other information on past
sponsorship efforts, and the level of success.
4. Provide a deliverable list of practicalliqenslng opportunities for the City of Miami
Beach,
5. Add/suggest to the City other sponsorship opportunities.
6. Organize ail data collected into a database (e.g., spreadsheet format or other
user~friendiy format). Examples of datacoflected are as follows:
o Inventory Item Category (advertising, event, preferred vendor, capital
project, naming rights, etc.);
o Address/physical location, description, date added to the database,
uti!lzation statistics;
o Pedestrian, vehicular, viewership or other relevant exposure data;
o Marketing opportunity available (advertising, branding, promotion, etc.);
o Hights available, date available, etc.;
o Any sales history {to whom, What price, when, etc.);
o Any known conflicts/limitations on selling;
o Contact address, phone fax and e-mail;
o Terms (length, price, options to renew);
o Rights granted;
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o Any encumbered reversionary rights;
o Legal/policy limitations on rights;
o Suggested pricing;
o Assessment of the value range for assets;
o Suggested/possible bundling opportunities with other assets;
o Assessment of the degree of difficulty to obtain a spom~orship
agreement: and
o Indication of priority.
2.3 Pbiective 2: Create a Comprehensive SQonsorshfQ Policy
V\frite a comprehensive Corporate Sponsorship Policy tailored to the City of
Miami Beach and reflecting Industry state-of~the~art "best practices:" This document
wm include examples of how other cities have developed similar programs and the
results achieved Consultant shall:
1) Review current sponsorship acceptance procedures,
2) Participate in and support process to match community/City
Commission Expeetations, and community sensitivities to possible
sponsorship opportunities.
3) Specify the approach to be used to address the expected sponsorship
opportunities.
4) Specify how the policy would address or Impact existing financial
planning and economic development for the City.
5) Submit draft policy. Present/discuss developing policy as directed by
City.
6) Identify any conflicts and/or limitations of app!ic<:lble City of Miami
Beach Charter and Code provisions,{ vis~a~vls implementation of a
Corporate Sponsorship Program).
2.4 Qhi!ctive 3: D~velop Strategic Plan for NJ~rketing Assets
Write a Strategic Plan for marketing of City of Miami Beach assets identified and
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evaluated through Objectives 1 and 2 hereof. This report will include, but not br;limited
to the following:
1} Prioritize the database.
2) Develop a written strategy document
3) Assess the City's potential and recommend process/policy to earn
income from Product Licensing. Agreements.
4) Assess "Pa1iner Designation/Use of Logo" opportunities,
5) Assess "Product Category Exclusivity".
6) Identify "Cost R.eduction Opportunities" for items currently purchased
by the City of Miami Beach.
7) Assess the City's ''Licensing" potential by conducting a brand review and
assessment. including an analysis of target categories and sub~
categories provision of a licensing marketing pian, if such potential is
found to exist
3,1 FIXED FEE
SECTiON 3
COMPENSATJON
Consultant shall be paid a fixed fee of $;39,000, for the Services as set forth in
Section 2 which Services shall be undertaken and completed in accordance with the
time!ines set forth in Section 4.5 hereof. Said fixed fee of $39,000, shall be paid as
follows:
a.
b.
c.
$26,500 upon satisfactory completion and delivery of the
Marketable .Asset Database as described In Section 2.2 hereof,
including a financial valuation of enumerated assets.
$4,000 upon satisfactory completicm and delivery of a Corporate
Sponsorship Policy as described in Section 2,3 hereof.
$8,500 upon satisfactory completion and delivery of a Strategic
Marketing Plan as described in Section 2.4 hereof.
Travel expenses will be limited to a. not to exceed reimbursable amount of
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$7,500 for the entire term of this Agreement. Consultant shall provide City with receipt:;;
and expense reports.
The parties further acknowledge and agree that. upon satisfactory completion
and delivery of th€! Services, as set forth herein, the City shall have no obligation to
proceed with Consultant, and/or otherwise retain Consultant, for Phase II services, if
any. Accordingly, the City shall have no liability to Consultant should it decide, at its
sole discretion and election, not to proceed.
Notwithstanding the preceding paragraph, in the event City and Consultant
negotiate and enter .into a separate agreement, or duly approved and executed
amendment to this Agreement, for the provision of Phase II services, then Consultant
agrees to refund the City 50% of all fees paid to Consultant, or $19,500; said
reimbursement amount to be paid to the City from commissions earned on the first $2-
milfion dollars worth of sponsorship sales on behalf of the City.
3.2 INVOICING
Consultant shall submit an invoice, which includes the purchase order number
and a detailed description of the Services provided,
3.3 METHOD OF PAYMENT
Upon review of approval of Consultant's invoice by the City, payments shall be
made for Services satisfactorily rendered wlthin thirty (30) days of the City's receipt of
same. Consultant shall mail all invoices to;
City of Miami 13each
Accounts Payable
i 700 Convention Center Drive. 3'° Floor
Miami Beach, Florida 33139
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SECTION 4
GENERAL PROVISiONS
4.1 RESPONSIBiliTY OF THE CONSULTANT
With respect to the performance of the Services, the Consultant shall exercise
that degree of skill, care, efficiency and diligence normally exercised by recognized
professionals with respect to the performance of comparable services. In its
performance of the Services, the Consultant shall comply with all applicable laws,
ordinances, and regulations of the City, Miami-Dade County, State of Florida, and
Federal Government
4.2 RESPONSIBILITY OF CITY
The City's cooperation will, at a minimum, consist of the following:
a) Designation of an individual who shall serve as the contact person
between Consultant and the City, and who shall serve as the City's
project manager for this Agreement.
b} Coordinating and providing re.asonable access to relevant City personneL
c) Coordinating and providing reasonable access to relevant City
documents, including asset management agreements, marketing
materials, and historical and financial information.
4.3 PUBLIC ENTITY CRIMES
A State of Florida Form PUR 7068, Sworn Statement under Section
287.1 33{3)(a) Florida Statute on Public Entity Crimes shall be filed with the City's
Procurement Division, prior to commencement of the Services herein.
4.4 DURATION AND EXTENT OF AGREEMENT TERM
The term of this Agreement shall be for a period of one-year commencing on the
last date of execution of the Agreement by the parties hereto.
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4.5 TIME OF COMPLETION
Notwithstanding the term in Section4,4 above, the Services to be rendered by
the Consultant shall be commenced upon receipt of a written Notice to Proceed from
the City ('Nhich notice shall be Issued as soon as reasonably practicable following
execution of the Agreement by the parties hereto) and, thereafter, Consultant shall
diligently prosecute and complete the Services in accordance with the Timetable below.
The City recognizes that the nature of the Consultant's .information gathering
process and shall support the simultaneous preparation of all three deHverables:
a.) Objective 1: Completion and delivery within 6-months of Notice to
Proceed.
b.) Objective 2: Completion and delivery •.vithin 8-months of Notice to
Proceed.
c.) Objective 3; Completion and delivery within 1 O~months of Notice to
Proce1:3cL
4.6 iNDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and
its officers, employees and . agents, from and against any and all actions, claims,
liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for
personal, economic or bodily injury, wrongful death, loss of or damage to property;
law or in equity, which may arise or be alleged to have arisen from the negligent acts,
errors, omissions or oiher wrongful conduct of the Consultant, its employees, agents,
sub~consultants, or any other person or entity acting under Consultant's control, in
connection with the Consultant's performance of the Services pursuant to this
Agreement; and to that extent. the Consultant shall pay a!! such claims and losses and
shari pay all such costs and judgments whlch may issue from any lawsuit arising from
such claims and rosses, and shall pay all costs and attorneys' fees expended by the
City in the defense of such claims and losses, including appeals. The parties agree that
onE~ percent (1%) of the total compensation to the Consultant for p~rformance of the
Services under this Agreement is the specific consideration from the City to the
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102
Consultant for the Consultant's Indemnity Agreement
The Consultant's obligation under this Subsection shall not include the obligation
to indemnify the City of Miami Beach and its officers, employees and agents, from and
against any actions or claims which arise or are alleged to have arisen from negligent
acts or omissions or other wrongful conduct of the City and its officers, employees and
agents. The parties each agree to give the other party prompt notice of any claim
coming to its knowledge that in any way directly or indirectly affects the other party.
4,7 TERMINATION~ S\!$PENSiON AND SANCTIONS
4.7.1 Termination for Cause
If the Consultant shall fall to fulfill in a timely manner, or otherwise vio!qte
any of the covenants, agreements, or stipulations material to this Agreement, the City
shall thereupon have the right to terminate this Agreement for cause. Prior to
exercising its option to terminate for cause, the City shall notify the Consultant in writing
of its violation of the particular terms of this Agreement and shaH grant Consultant
seven (7) days to cure such default. If such default remains uncured after seven (7)
days, the City, upon three {3) days' notice to Consultant, may terminate this Agreement
and the City shall be fully discharged from any and all liabilities, duties and terms
arising out of/or by virtue of this Agreement, except for amounts due and owing to
Consultant for work deemed by the City to have been completed satisfactorily before
the effective date of termination.
Notwithstanding the above, the Consultant shall not be relieved ofliabflity
to the City for damages sustained by the City by any breach of the Agreement by the
Consultant. The City, at its sole option and discretion, shall additionally be entitled to
bring any and ail legal/equitable actions that it deems to be in its best interest in order
to enforce the City's right and remedies against the defaulting party, The City shall be
entitled to recover all costs of such actions, including reasonable attorneys' fees.
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4.7.2 Termination for Convenience of City:
Notwithstanding Section 4. 7.1, the City may also, for its convenience and
without cause, terminate at any time during the term hereof by giving written notice to
Consultant of such termination, which shaH become effective seven (7) days following
receipt by the Consultant of the written termination notice. ln that event, all finished or
unfinished documents and other materials, as contemplated in Section 2, shall be
properly assembled and delivered to the City, at Consultant's sole cost and expense. If
the Agreement is terminated by the City as provided in this subsection, Consultant shall
be paid for any Services satisfactorily performed, as determined by the City at its
discretion, up to the date of the termination. Provided, however, that as a condition
precedent to such payment, consultant shaH have delivered any and all documents,
materials, etc. to the City as required herein.
4.7.3 T errninaticm for lnsolvenc~
The City also reserves the right to terminate the Agreement In the event
the Consultant is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for the
parties shall be the same as provlded for in Section 4.7.2.
4. 7.4 Sanctions for .... Noru::orm~,i~nce with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination
provisions of this Agreement, the City shaU impose such sanctions as the City, Miami-
Dade County, and I or the State of Florida, as applicable, may determine to be
appropriate, including but not limited to, withholding of payments to the Consultant
under the Agreement until the Consultant complies and/or cancellation, termination or
suspension of the Agreement, In the event the City ca~cels or terminates the
Agreement pursuant to this Subsection the rights and obHgations of the parties shall be
the same as provided in Section 4.7.2.
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4.8. CHANGES AND ADDITIONS
Changes and additions to the Agreement shall be directed by a written
amendment signed by the duly authorized representatives of the City and Consultant.
No alteration, change, or modification of the terms of this Agreement shall be valid
unless amended in writing, signed by both parties hereto, and approved by the City.
4.9 OWNERSHIP OF DOCUMENTS
AU documents prepared by the Consultant pursuant to this Agreement are
related exclusively to the Services described herein, and are intended or represented
for ownership by the City. Any reuse, distribution, or dissemination of same by
Consultant, other than to the City, shall first be approved in writing by the City,
4.10 INSUR.ANCE REQUIREMENTS.
The Consultant shall not commence any work pursuant to this Agreement
until ail insurance required under this Section has been obtained and such insurance
has been approved by the City's Risk ManageL The Consultant shall maintain and
carry in full force during the term of this Agreement the following insurance:
1. Consultant General Liability in the amount of $1,000,000.
2. Consultant Professimwl Liability in the amount of $200,000.
3. Workers Compensation & Emptoyers Liability as required pursuant to Florida
statute,
4. The insurance must be furnished by insurance companies authorized to do
business in the State of Florida and approved by the City's Risk Manager.
5. Original certificates of insurance for the above coverage must be submitted to
the City's Risk Manager for approval prior to any work commencing. These
certificates wm be kept on file in the office of the Risk Manager, 3rd Floor, City
Hall.
6. The Consultant is solely responsible for obtaining and submitting all insurance
certificates for its sub-consultants.
All insurarice policies must be issued by companies authorized to do business
under the laws of the State of Florida. The companies must be rated no less
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105
than "B+" as to management and not less than "Class VI" as to strength by the
latest edition of Best's Insurance Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk
Manager. Compliance with the forago!ng requirements shall not relieve the
Consultant of the .liabilities and obligations under this Section or underany other
portion of thls Agreem~nt, and the City shall have the right to obtain from the
Consultant specimen copies of the insurance policies in the event that submitted
certificates of insurance are inadequate to ascertain compliance with required
overage.
4.1 0.1 Endorsements
AU of Consultant's certificates, above, shall contain endorsements providing that
written notice shall be given to the City at least thirty (30) days prior to terminatioh,
cancellation or reduction in coverage in the policy.
4.10.2 ,Q.ertificates
Un!ess directed by the City otherwise, the Consultant shall not commence any
sePJlces pursuant to this Agreement until the City has received and approved, in writing,
certificates of insurance shovving that the requirements of this Se.ction (in its entirety)
have been met and provided for.
4.11 1.\~S!GNMENT. TRANSFER OR SUBCO~TRACTING
The Consultant shall not subcontract, assign, or transfer any work under
this Agreement in whole or in part, without the prior written consent of the City.
4.12 SUBwCONTRACTORS
The Consultant shall be liable for the Consultant's services,
responsibilities and liabilities under this Agreement and the services, responsibilities
and liabilities of sub-contractors, and ahy other person or entity acting under the
direction or control of the Consultant. When the term ''Consultant" is used in this
Agreement. it shall be deemed to include any sub-contractors and any other person or
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106
entity acting under the direction or control of Consultant A!! st,.~b-contractors must be
approved in writing by the City prior to their engagement by Consultant
4.13 EqUAL E~PLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Consultant
shaH not discriminate against any employee or applicant for employment because of
race, color, religion, ancestry, sex, age, and national origin, place of birth, marital
status. physical handicap, or sexual orientation. The Consultant shall take affirmative
action to ensure that applicants are employed and that employees are treated during
their employment without regard to their race, color, religion, ancestry, sex, age,
national origin, place of birth, marital status, disability, or sexual orientation.
4.14 CONFliCT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan
Mlaml-Dade County Conflict of Interest Ordinance (No. 72-82), as some may be
amended from time to time; and by the City of Miami Beach Charter and Code, as
some may be amended from time to time; all of which ar1~ incorporated by reference
hereto as if fully set forth herein.
The Consultant covenants that it presently has no interest and shaH not
acquire any interest, direct or indirectly which should conflict in any manner or degree
with the performance of the Services. The Consultant further covenants that in the
performance of this Agreement, no person having any such interest shall knowingly be
employed by the Consultant No member of or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or to any benefits
arising therefrom.
4.15 PATENT ~~G~TSj COPYRIGHT,S; CONFIDENTIAL FiNDINGS
Any patentable result arising but of this Agreement, as well as all
information, specifications, processes, data and findings, shall be made available to the
City for public use.
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107
No reports, other documents, articles or devices produced in whole or in
part under this Agreement shall be the subject of any application for copyright or patent
by or on behalf of the Consultant or its employees or sub··Contractors, without the prior
written consent of the City,
4.16 NOTICES
All notices and communications in writing required or permitted hereunder
may be delivered persona!iy to the representatives of the Consultant and the City fisted
below or may be mailed by registered mail, postage prepaid (or airmailed if addressed
to an address outside of the city of dispatch).
Until changed by notice in writing. all such notices and communications
shall be addressed as follows:
TO CONSULT ANT:
TO Clrt:
The Superlative Group, Inc.
Attn: Myles Gallagher, President
2706 Franklin Boulevard
Cleveland, Ohio 44113
(216) 592-9400
City of Miami Beach
Attn: Hilda Fernandez
Assistant City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7490
With copies to:
City of Miami Beach
Communications Office
Attn: Jay Moore
1700 Convention Center Drive
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108
Miami Beach, FL 33139
{305) 673-7575
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed io an address in the city of dispatch,
on the day following the date mailed; and if mailed to an address outside the city of
dispatch on the seventh day following the date mailed.
4:11 LITIGATION JURISOICTIONNENUE
This Agreement shall be enforceable in Miami~Oade County, Florida, and
if legal action is necessary by either party with respect to the enforcement of any or all
of the terms or conditions hE;ireln, exclusive venue for the enforcement of same shall lie
in Miami-Dade County, Florida.
BY ENTERING INTO THIS AGREEMENT, CONSULT ANT AND CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
4.18 ENTIRETY OF AGREEMENT
This writing and the Services embody the entire Agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
oral or written with reference to the subject matter hereof that are not merged herein
and superceded hereby. The Services and the Proposal Documents are hereby
incorporated by reference into this Agreement
4.19 UMITA TION OF CITY'S UABIUTY
The City desires to enter into this Agreement only if in so doing the City can
place a limit on the City's liability for any cause of action for money damages due to an
alleged breach by the City of this Agreement, so that its !lability for any such breach
never exceed$ the sum of $1 ,000. Consultant hereby expresses its willingness to enter
into this Agreement with Consultant's recovery from the City for any damage action for
breach of contract to be limited to a maximum amount of $1,000.
Accordingly, and notwithstanding any other term or condition of this Agreement,
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Consultant hereby agrees that the City shall not be liable to the Consultant for damages
in an amount in excess of $1,000 for any action or claim for breach of contract arising
out of the performance or non~performance of any obligations imposed upon the City by
this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is
ln any way intended to be a waiver of the limitation placed upon the City's liability as set
forth in Section 768.28, Florida Statutes.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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110
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officiats, as of the date first entered above.
fOR CITY:
ATTEST:
FOR CONSULTANT:
ATTEST:
By:-"·~--
SecretaJY I Signature
Print Name I Title
/1 j
/ I /f
CITY OF ~~~M} BEACH~ FLORIDA
/ 1 //i ~' I/ I r f / ll',', ' I #.i'; / h/_,
I
{;/
SUPERLATIVE GROUP, INC.
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111
Print Name I Title
APPROVED AS TO
FORM & lANGUAGE
FOR EXE~TtON
/// / ,,/ !
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO:
FROM:
DATE:
MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
INTERIM CITY MANAGER KATHIE BROOKS
JOSE SMITH .. ----·~.lv ;:;;:
CITY ATTO'p,~u-
February 6, 2~ ~-
SUBJECT: Referral of Ordinance Amendments to Neighborhood/Community
Affairs Committee to Amend Procedures for Appeals to the Special
Master for Certain Frequent Code Enforcement Violations.
To ensure uniformity and transparency in appeals to the Special Master from
code violations relating to noise, property maintenance, handbills, litter, and other
frequently recurring code violations, the City Attorney recommends that the City Code
be amended to provide for a standard notice of appeal form, as is required for appeals
under the Florida Rules of Appellate Procedure. Therefore, proposed amendments to
various City Code provisions to provide for a uniform notice of appeal for certain code
violations is recommended to be referred to the Neighborhood/Community Affairs
Committee for its consideration.
JS/DT/mmd
F:\ATTO\TURN\COMMMEMO\Commission memo referral to Neighborhoods Committee special master.doc
112
Agenda Item C~B
Date :1~6-13
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113
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, florida 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim. City Manager U ·1__
Jose Smith, City Attorn~ "' ~ , / -
February 6, 2013 \.~/
Request for referral of an amendment to the Land
Development Regulations to regulate religious institutions in
multi-family residential, commercial and industrial districts in
the same manner as other assembly uses with similar
occupancy.
RECOMMENDATION
The City Manager and City Attorney recommend that the City Commission
approve the referral of an ordinance, first to the Land Use and Development
Committee, and thereafter to the Planning Board, amending the Land
Development Regulations to regulate religious institutions in the same manner as
other permitted or accessory uses, such as restaurants, clubs or dining rooms.
Presently, religious institutions, where permitted, are only allowed as a
conditional use, if approved after a public hearing. The amendment would
regulate religious institutions like similar assembly uses, where permitted in
multifamily, commercial and industrial zoning districts, without a public hearing.
Such equal treatment is required by federal law.
BACKGROUND
The federal Religious Land Use and Institutionalized Persons Act (RLUIPA),
among other things, requires the equal treatment of religious uses with other
similar uses. Specifically, section 42 USC 2000 (b)(1); the Equal Terms
provision states: "No government shall impose or implement a land use
regulation in a manner that treats a religious assembly or institution on less than
equal terms with a nonreligious assembly or institution."
A review of the City Code reveals that while entertainment uses of 200 or more
occupancy require conditional use approval, such uses below that occupancy do
not Section 142-1361 defines a Neighborhood Impact Establishment as: "An
alcoholic beverage establishment or restaurant, which is also operating as an
entertainment establishment or dance hall (as defined in section 114-1 ), with an
occupant content of 200 or more persons as determined by the chief fire
marshal."
114
Agenda ltem _ __;C:;;:.......:..<f-=(_~
Date ;;.,6-11
--~"""""~-
City Commission Memorandum
Religious Institution Equal Terms Ordinance
February 6, 2013
Page 2 of2
That section also defines "Entertainment" as "any live show or live performance
or music amplified or nonamplified. Exceptions: Indoor movie theater; big screen
television and/or background music, amplified or nonamplified, played at a
volume that does not interfere with normal conversation."
Further, the Code permits certain assembly uses as accessory uses in
multifamily zoning districts, such as dining rooms limited to the residents of a
building. The Code should be amended to provide equal treatment for such
accessory uses as well.
It is reasonable to interpret RLUIPA to require the Code to treat religious
institutions equally with these entertainment uses. The amendment would allow
religious institutions up to 199 person occupancy to be permitted as of right in
zoning districts that also allow other assembly uses such as restaurants and
entertainment establishments up to that occupancy that are also permitted as of
right.
CONCLUSION
The City Manager and City Attorney recommend that the City Commission
approve the requested referral to the Land Use and Development Committee and
thereafter to the Planning Board for the amendment as proposed above.
!'14--
KGB/JS/RGUGH
T:\AGENDA\2013\February 6\Religious Institutions referral request rev 1-17-13.docx
115
e /V\IA/\;'\1
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
Kathie Brooks, Interim City Manager
Rafael E. Granado, City Clerk
Jorge R. Exposito, Commissioner
January 29, 2013
MEMORANDUM
SUBJECT: Referral to Neighborhood/Community Affairs Committee:
Sunset Harbor
Please place a referral item on the February 6, 2013, Commission Meeting Agenda to the
Neighborhood/Community Affairs Committee requesting to consider the removal of the four
public parking spaces on Sunset Drive at the entrance of Sunset Island.
We trust that you will find all in good order. Should you have any questions, please feel free to
contact my aide, Barbie Paredes at 6457.
Best regards,
JRE/bp
116
v:bror
Agenda Item C t; 1)
Date t2-6-t3
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117
lt\ MIAMI BEACH -
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
Kathie Brooks, Interim City Manager
Michael G6ngora, Vice Mayor \ ~
January 23, 2013 ~
SUBJECT: Referral Item for February 6 Commission Meeting
MEMORANDUM
Please place on the February Commission consent agenda a referral to Neighborhoods
Committee to discuss and evaluate the current policy against Bullying and Harassment
in Miami Dade County Public Schools and begin planning for a Citywide Youth Anti
Bullying Outreach Program to be kicked off for National Bullying Protection Month to be
held in October 2013. If you have any questions please feel free to contact my aide
Diana Fontani at ext 6087.
MG/df
118
Agenda Item C.t.fF
Date ;?-tJ,-/3
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119
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, W\.WI.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager~
February 6, 2013
SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, A
DISCUSSION TO CONSIDER ADDITIONAL COMMUNITY INPUT FOR THE
SUNSET HARBOUR NEIGHBORHOOD IMPROVEMENTS PROJECT.
ADMINISTRATION RECOMMENDATION
Refer the item to the Finance and Citywide Projects Committee for discussion.
BACKGROUND
The Sunset Harbour area was never included in one of the neighborhoods slated for capital
improvements that include stormwater, potable water, and streetscape infrastructure. However,
the Citywide Stormwater Management Master Plan identified major stormwater improvements
that are needed. Further, 6-inch diameter water mains need to be replaced with 8-inch water
mains, and portions of the neighborhood need additional pedestrian lighting.
As a result of these needs, the Commission approved a capital project entitled Sunset Harbour
Neighborhood Improvements and preliminarily budgeted $4,146,844 in funding in Fiscal Year
2013/14.
The Administration is requesting guidance on the advisability of conducting Community Design
Workshops and Community Design Review Meetings to obtain input on additional streetscape
improvements that are desired by the community, as has been done in the other
neighborhoods receiving capital improvements.
CONCLUSION
The Administration recommends that the Mayor and the City Commission refer the matter to
the Finance and Citywide Projects Committee for discussion and further direction.
Attachment
Sunset Harbour Neighborhood Improvements Capital Budget
T:\AGENDA\2013\February 6\Referral to FCWPC Sunset Harbour Neighborhood lmprovemer Agenda Item C (( ;::=
Date :2-6-13
120
~ N ~ .·.~, ' .• ' :;~:: ·~l .. m = -=-Title: Project#: Department: Manager: ~~ -'; ~ ~ W!!!L .. Bi ~ .. .. -. CITY OF MIAMI BEACH 2013-2017 Capital Budget & 5-Year Capital Improvement Plan Sunset Harbour Neighborhood Improvements pwssunhari Public Works Richard Saltrick ~ --OPERATJNG CATEGORIES --Annual lncr~>mental Cost Category; Domain: cip FTE's#: Total: Location; Description: Street!Sidewalk!Streetscape Improvements scuthbeach Replacement and upgrades of aging water and stormwater intrastructure as well as lighting infill and sidewalk repairs Justification: This project was not part of a ClP Neighborhood Improvement Project. Therefore, it did not receive any stormwater or water funding for infrastructure replacement and upgrades. However, the draft 2012 Stormwater Master Pian identifies this neighborhood as a basin in need of improvements, and PWD has identified a need to replace the existing 6-inch water mains with 8-inch water mains. Project Timeline: AlE Request for Qualifications Star MonthlY ear NE Request for Qualifications C NE Agreement Award: Planning Start Design Start: Bid Start Construction Contract Award: Construction Start Cost Category Prior Years 2012/13 co187 Construction Fund 187 () copsw Construction Proposed Storm Water 0 cow&s Proposed Futuro W&S Bond Constru• 0 Total; 0 Funding Source Prior Years 2012/13 187 Half Cent Transit Surtax-County 0 psw Proposed Storm Water 0 w&.s Proposed Future Water & Sewer Bo 0 -Total: 0 Planning Completion: Design Completion: Bid Completion: May-2013 Construction Completion: 2013/14 2014{15 2015/16 0 565.781 0 0 625,688 0 0 1,118,250 0 6 2,309,719 0 2013{14 2014/15 2015116 0 565,781 0 0 625,688 0 0 1,118,250 0 0 2,309,719 0 615 MonthlY ear Feb-2014 2016(17 Future 0 0 0 0 0 i .837.125 0 0 0 0 0 1,837,125 2016/17 Future 0 0 0 0 0 1,837,125 0 0 0 0 ij 1,837,125 Total 555.781 2.452,813 1, j 18,250 4,146,844 Total ti65.781 \ 2.462,813 1,118,250 4.146,844 ~
Or:FIO:~ OF THE MAYOR AND COMMISSIOr'-'
TO: Kathie Brooks, Interim City Manager
Jose Smith, City Attorney
Rafael Granado, City Clerk
FROM: Ed Tobin, Commissioner
DATE: January 22, 2013
MEMORANDUM
SUBJECT: Referral to Neighborhoods and Community Affairs Committee
Please place on the February 6, 2013 City Commission Consent Agenda a referral to the
Neighborhoods and Community Affairs Committee for discussion of the following
matters:
1. Amendments to the Land Development Regulations Sections 142-109, 142-
905 and 142-1111.
2. The Amendments shall prohibit, and set forth the appropriate penalties, for
individuals and/or entities that advertise the transient occupancy (short-term
rental) of those properties which are located within a single family or a multi-
family zoning district, as specifically delineated in Sections 142-905 and 142-
1111.
3. The amendment to Section 142-109 shall prohibit the advertisement of those
single family residential properties for the purpose of allowing the commercial
use of the premises, and the advertisement of those events, gatherings or
promotions at the single family residential property, consistent with the
prohibitions set forth within Section 142-109.
If you have any questions, please do not hesitate to contact my office at extension 7107.
122
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfLgov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager :{"~
February 6, 2013 / t-
SUBJECT: REFERRAL TO THE PLANNING BOARD -PROPOSED ORDINANCE
AMENDMENT PERTAINING TO MECHANICAL PARKING SYSTEMS
ADMINISTRATION RECOMMENDATION
Refer the Ordinance Amendment to the Planning Board for consideration and recommendation.
BACKGROUND/ANALYSIS
On December 19, 2012, the Land Use and Development Committee discussed and referred a
proposed Ordinance pertaining to 'Mechanical Parking Systems' to the Planning Board. The
subject Ordinance consists of minor amendments to the accessory use and schematic design
drawing requirements, in order to allow the Ordinance to better work as originally intended.
CONCLUSION
The Administration recommends that the Mayor and the City Commission refer the proposed
Ordiance Amendment to the Planning Board for consideration and recommendation.
~ '(L
KGBiJtfr3/R&LITRM
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO
FROM
DATE:
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager~ f
February 6, 2013 /
SUBJECT: REFERRAL TO THE PLANNING BOARD -PROPOSED ORDINANCE
AMENDMENTS PERTAINING TO THE STREAMLINING OF THE
DEVELOPMENT REVIEW PROCESS
ADMINISTRATION RECOMMENDATION
Refer the Ordinance Amendments to the Planning Board for consideration and recommendation.
BACKGROUND/ANALYSIS
On January 23, 2013 the Land Use and Development Committee discussed and referred the
following proposed Ordinance Amendments to the Planning Board:
• 'Minimum Unit Sizes For Historic Hotels & RM-2 Tower Setbacks'
• 'RM-3 Accessory Use Signage'
• 'Pool Setbacks and Accessory & Mechanical Equipment Setback Encroachments'
Each of these Ordinances is intended to help streamline the development review process and
eliminate the need for common variances.
CONCLUSION
The Administration recommends that the Mayor and the City Commission refer the proposed
Ordiance Amendments to the Planning Board for consideration and recommendation.
KGB/~RGttrRM
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ttl MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager i{'~~--
February 6, 2013
SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE-
DISCUSSION REGARDING ADVERTISING PANELS ON LINCOLN ROAD
ADMINISTRATION RECOMMENDATION
Refer the discussion to the Finance and Citywide Projects Committee.
BACKGROUND
The Agreement between the City of Miami Beach and Adshel Inc. (Clear Chanel) to construct,
operate and maintain advertising panels and information directories on Lincoln Road is scheduled to
end on April 17, 2013. The Agreement provides for twelve (12) two·sided panels at ten (1 0)
locations along Lincoln Road. Those 12 panels (24 faces) include ten (1 0) directory faces, ten (1 0)
advertising faces, three (3) cultural arts calendars, and one (1) "Welcome to Lincoln Road" sign.
The Administration is referring the subject matter to the Finance and Citywide Projects Committee
for discussion and further consideration on whether or not the City wishes to extend its Agreement
with Adshellnc. and/or consider the installation of smaller fixed or digital advertising panels.
KGB/JGG/F~
T \AGENDA\2013\FEBRUARY 6\FCWPC REFERRAL-DISCUSSION REGARDING ADVERSITING PANELS ON LINCOLN ROAD .DOC
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Memb~~ the City Commission
Rafael E. Granado, City Clerk ~j /) '\..
February 6, 2013 \
REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE -
DISCUSSION REGARDING PARTICIPATION OF THE CITY CLERK'S OFFICE IN
THE 2013 LEGENDS BALL, SPONSORED BY UNITY COALITION/COALICION
UN IDA, APRIL 11, 2013, AT THE ART DECO WELCOME CENTER, TO CONDUCT
DOMESTIC PARTNERSHIP REGISTRY.
RECOMMENDATION
Refer the item.
BACKGROUND
The Unity Coalition/Coalici6n Unida will be having an event on Thursday, April11, 2013 at 7:00p.m.
at the Art Deco Welcome Center to benefit the work of the organization in the Latino/Hispanic LGBT
Community since 2002. Part of the theme is marriage equality. The organization has reached out to
the City Clerk's Office to participate in the event by providing information relating to the City's
domestic partnership registry and registering domestic partners.
The City Clerk's Office will not incur any cost by sending two employees to register domestic
partners at this event (the City Clerk and an Office Associate V), as schedules will be changed to
avoid any overtime. Further, the City will collect a $50 fee for every domestic partnership registration
it processes.
We request that this item be referred to the Land Use and Development Committee in order to
obtain direction from the City Commission as to the participation of the City Clerk's Office in this
event.
REG/Ih
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Agenda Item C t; k
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LLL Page 1 of 4
http://www.unitycoalition.org/LLL.html 131 1/28/2013
LLL
LEGENDS BALL
APRIL 11,2013
Art Deco Welcome Center, 7pm $60 p.p.
EXHIBIT
Apri113&14, 2013
Art Deco Welcome Center, 10am-Gpm
Sunday, April 14th
Page 2 of 4
FREE
LECTURES
Saturday, April 13th
Preservation, Politics and the People
A panel discussion, Including some exhibit participants, c1ty planners,
politicians. community leaders & preservationists, to review & discuss how
pr&servatlon helps or hinders progress and investments; how a property
owners nghts and the preservation of significant design may coexist, what
the future of preservation is South Fionda may look l!ke
A Rainbow of Design-A panel discussion. including several of
our exhibit participants and community leaders to review & d1scuss
the contributions ofthe LGBT community 1n South Florida's
PANELISTS William Cary. Victor Diaz. Jr
MODERATOR: Herb Sosa
evolution of new des1gn, how the LGBT community looks to the
future as part of the local fabric; and r.ow LGBT youth Will be a
part of future des1gn, leadership and city development.
PANELISTS Arthur Marcus, Henry Lares
MOD ERA TOR. Herb Sosa
Tha Leaders, Legends & Lovelies Honorees are allies of the LGBTQ community, present & past that have made a positive mark &
contribution and celebrate the good, noble & outstanding within our community. CLICK to see our PAST HONOREES
WALKER BURTTSCHELL
2013 LEGENDS HONOREES
ANTHONY CABRERA EDWARD OBERLE-LOPEZ
Patrie!< KenMdy IS a man of many talents who continually thinks outside tM box H1s mind plays v1sually on proJects
PATRICK KENNEq.¥gardless the perimeters, with each aspect up for grabs
12===~r61~P:ni~o~r to mov1ng from Manhattan to Miami Beach In 1992, he was a serious pamter With shows 1n Los Angeles, San 1 and New York. As his paintings became more and more three-dimensional, he was comm1ssioned to design
NY showrooms for ci1ents ranging from Yves St Laurent to Joe Boxer, from Cartier to Kenneth Cola and
----eshder,ces ranging from Saul Steinberg's art-filled penthouse on Fifth Avenue to Jean Michel BasqUiat's hovel in the
==::East Village.
In Miami Beach he .~as stamped h1s signature on 12 hotels, 15 restaurants. 5 clubs and lounges and an extensive
1 of private residences
His awards include the Amencan Institute of Architects, Amencan Institute of Graphic Arts. the Academy of
P1cture Arts and Sciences, and the M1ami Design Preservation League He IS currently designing and wntmg
in Miam1 Beach.
http://www.unitycoalition.org/LLL.html 132 1128/2013
LLL
PETER PAGE
I am an Archilect baseam Miamt BeaCh My latest project-now tn constructton is the Vtlla Matti -a SIX story H U D
. financed rental apartment building for senior cittzens also tn Miami Beach. The des1gn is inspired by its deco
suncounwnas yet Wllh a contemporary edge
Recently I also self-published a book of my photographs and stories entttled; "a rider in darkness in flashes of
which is available at www.blurb com under photography books
'Throughout his long career as a Designer and Brand professional, Mr. Peter Page has deftly mtegrated an
. .understanding and respect for history with the needs of the present Combining roles as htstorien, presetvauonist and
· ·.cutting-edge designer. Page has received accolades and recogmtion for projects in London, Paris, Rome, Bangkok,
Angeles, New York, Washington D.C , San FranCJsco and Miamt. Page passed away tn 2011.
HAVI SCHANZ Born tn Argentina, the uniquely-talented, Miami Beach based HAVI has over 20 years of combined experience as
' an artist, architect tnterior and graphic destgner. Hts vision of art is reflected in a poeuc way as his brushstrokes
cepture people's feelings and emottons His architectural background is clearly embedded tn his work In the
dtflicu1Ho,ae£:Ompitsh simplicity of his patntings, he skillfully combmes rigtd and structured forms Without lostng the
orgamc character of his art Hts creations complement each other in a subtle way
He has held several positions as an Arch<tect, Commissioner of Architecture in Sauce Vtejo City Hall and
:_ Professor at the Untversidad Nacional del Lrtoral in Argentina. He rece:ved an Architectural degree, and a Master tn
Color, Audto-Visual Medta, ar,d Conceptual Art from the Nattonal University of Literal, Argentina. He has also
:studied photography, digital video, acltng, costume, and set design.
HAVI's art nas been widely exhibited tn several sola and group exhibitions in Argenttna Venezuela. Colombta,
United Ktngdom, Italy, France, Spatn, Auslralta and the United States
art work is mot<vated by my tnterest in establishtng a dialogue relevant to contemporary social problems in
, I am most interested m how vtsual strategtes can be used to communicate the result of my personal and
search 1n a soctety in which themes such as vtolence, inequality, culturaltdentity, and gender roles
to be addressed. Rtght now, my biggest challenge ts to merge my artisttc and anthropological interests in a
that flows bid:reciionally. and to become a well articulated artist who dominates the skills necessary to produce
worth drawing the attention of those interested in the social phenomena
IS a clothing line of ready to wear suits and accessones especially for lesbtan. queer, and trans weddtngs and
Our mission ts to be the Ieeder in design and manufacturing of clothes for women, androgynous, queer and trans
who do not identify with the traditional design of female clothing or the cut and fit of men·s clothing. All of our
are proudly made in the USA of the finest available fabncs
Fourteen is also powerful number in civil nghts history It was the number of individual plaintiffs tn the case that
FOURTEENSTYLE.COM first legalized gay marriage in Massachusetts. We believe that same-sex marrtage is a fundamental right
under the 14th Amendment's equal protection clause. which was used to dismantle segregation ar.d end the
ban on tnterracial marnage We believe that these indiVIdual stones-and your stones-are the stories that change
2010
LIADERS,
LIGINDI
LOVELIES
2010
2011 2012
f.{r."9J!l!,~!1 !I)UUlK~
~:e:~~,~:£'~;:~~\
f,!{.lta.:t ~"'H·1-~t~l
http://www. unitycoalition.org/LLL.html 133
Page 3 of 4
1/28/2013
LLL Page 4 of 4
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager pty{--
February 6, 2013
REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, A
DISCUSSION TO CONSIDER REPLACEMENT OF THE CITY'S PUBLIC SAFETY
RADIO SYSTEM WITH A NEW P25 COMPLIANT SYSTEM BEFORE THE
FEDERALLY MANDATED 2016 TIMEFRAME.
ADMINISTRATION RECOMMENDATION
Refer the item to the Finance and Citywide Projects Committee for discussion.
BACKGROUND
The City of Miami Beach, the Licensee, operates a Motorola equipped 800 MHz 10 channel
trunked Public Safety Radio System, the System, in its designated Federal Communication
Commission, FCC, jurisdiction. The System is currently on year eight (8) of a ten (1 0) year life
cycle and it is not Project 25 (P25), compliant as defined by federal P25 standards. The City's
goal is to replace the System with a new P25 compliant system before the 2016 timeframe.
The system replacement time cycle, based on procurement of the existing system, is over two
(2) years from issuance of the RFP to acceptance of a working system.
P25 is a suite of standards for digital radio communications for use of interoperability by
federal, state and local public safety agencies in North America to enable them to communicate
with other agencies and mutual aid response teams in emergencies. The FCC has issued a
directive that all 800 MHz systems will be "narrowbanded" in the 2016 timeframe.
Narrowbanding is the process by which frequency space is narrowed from approximately 25
KHz to 12.5 KHz for each licensed frequency, thus increasing the amount of available radio
spectrum. The main type of systems easily, and cost effectively, capable of being
narrowbanded in such a fashion are P25 compliant systems. Both the infrastructure and the
subscriber components of a radio system must be P25 compliant for full interagency
interoperability to exist.
CONCLUSION
The Administration recommends that the Mayor and the City Commission refer the matter to
the Finance and Citywide Projects Committee for discussion and further direction.
KGBIQ\A/lr..~/AS
?'\0 (]=' Agenda Item C lf L
C:\DATA\NEW RADIO SYSTEM FOR 2015\Referral to FCWPC Replacement of Public Safety R ------
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m MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
Kathie Brooks, Interim City Manager
Michael Gongora, Vice Mayor ~
January 30, 2013
SUBJECT: Referral Item for February 6 Commission Meeting
MEMORANDUM
Please place on the February Commission consent agenda a referral to Neighborhoods
Committee to discuss the conditions of South Pointe Park. If you have any questions
please feel free to contact my aide Diana Fontani at ext 6087.
MG/df
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C6
COMMISSION COMMITTEE REPORTS
(")
en
(e MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochH.gov
COMMITTEE MEMORANDUM
To:
From:
Mayor Matti Herrera Bower and Members of the .. C~ Commission
Kathie G. Brooks, Interim City Manager//' r ·
Date:
Subject:
February 6, 2013 ·
REPORT OF THE CAPITAL IMPROVEMENT PROJECTS
OVERSIGHT COMMITTEE MEETING OF OCTOBER 22, 2012
A meeting of the CIP Oversight Committee was held on Monday, October 22, 2012.
The meeting was called to order at 5:41 p.m.
Please note:
1) These minutes are not a full transcript of the meeting.
Full audio and visual record of this meeting available online on the City's website:
http:/! www. miamibeachfl. govlvideolvideo. asp
2) Minutes reflect the order of the meeting according to the printed agenda. Items were taken out of
order. Refer to the right of the page for the time each item was heard.
1. ATTENDANCE
See attendance sheet copy attached.
Stacy Kilroy arrived at 5:44p.m.
Brian Ehrlich arrived at 5:53 p.m.
2. REVIEW AND ACCEPTANCE OF MINUTES 5:41p.m.
Report of the Capital Improvement Oversight Committee Meeting of September 10, 2012
MOTION:
MOVED:
Acceptance of Report (Minutes) of the September 10, 2012 CIPOC Meeting.
T. Trujillo 2"d: R. Rabinowitz
PASSED: UNANIMOUS
3. PUBLIC COMMENTS 6:40 p.m.
Michael Lefkowitz, of the Bayshore Neighborhood (2995 Flamingo Drive) came forward to speak
about the current CIP construction in his neighborhood.
He offered that he considered communication with the City was very good, and thanked Maria
Palacios, Public Information Specialist, for her efforts in keeping him and other neighbors
informed.
Mr. Lefkowitz asked for explanation why the Flamingo Drive properties would still have their water
services transferred. This was based on information stated earlier in the meeting, that the 6"
water main on Pine Tree Drive was not in good condition, and therefore the water services on
Pine Tree Drive would not be connected to that line until the City conducted further review and
decided on the next course of action. Chair Saul Gross reiterated the difference in the lines,
stating that the water line on Flamingo Drive was installed only a few years ago.
141
Agenda Item CC,A
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CIPOC MEETING MINUTES-October 22, 2012
Page 2 of 7
His concern was about the impact of the directional drilling. Maria Hernandez explained that the
directional drilling, as is being done on the water service transfers on Sunset Islands I & II, is very
accurate and can be directed deep below roots and structures. The entire process of directional
boring and reconnecting service is relatively quick.
Mr. Lefkowitz also wanted to relay some comments from his neighbors. Residents wanted to
know why the water line work was not done concurrently with the stormwater drainage work.
Maria Hernandez, Senior Capital Projects Coordinator explained that contractors typically perform
the water line installation first because doing both at the same time would be more difficult to
manage and would be more intrusive. The work would likely block residents' driveways for
extended periods of time. David Martinez, Assistant Director of CIP, added that by putting in the
water services first, there is no need to protect the old service while crews perform the heavy
work of storm drainage construction.
Comment about road closure advisory ... Mr. Lefkowitz asked if an app for cellphones was
available as it is difficult to download and read all of the information while driving. The new map
feature will be rolled out when the CIP web site is launched later this year, but will not be
available as a mobile app until all the pages are up.
Mr. Lefkowitz offered that the contractor crews have been very nice and polite during this project.
4. OLD BUSINESS I REQUESTED REPORTS
a. North Beach Neighborhoods
Status Report: Normandy Isle Neighborhood 5:43 p.m.
Mattie Reyes, Senior Capital Projects Coordinator reported that landscaping is well underway.
The Royal Palms were removed, the tree wells have been set and wheel stops are being placed
at the street end of Rue Notre Dame. Final negotiations based on the proposal submitted by
Lockwood, Andrews & Newman (LAN) are pending as of this meeting for the swales, aprons and
pavers along Marseilles drive. Construction is expected to commence in March of 2013, to be
completed in November 2013, to include minor stormwater drainage remedies to address
standing water along the edge of pavement.
Status on Biscavne Point Neighborhood Improvement Project 5:46 p.m.
Carla Dixon discussed the status of the project. Water main installation on Biscayne Point Island
are complete, the installation of structures addressing the three stormwater "hot spots" on the
island has been completed. As of the meeting, the City was waiting for FPL to energize the lights
on Biscayne Point Island, as all the light poles were installed.
Saul Gross asked when the drainage improvements on Biscayne Point Island would be in
working order. Carla Dixon explained that the wells need to be certified, cleaned, and pass DERM
inspections. The island and Stillwater Drive are expected to both be online at the same time,
which could be as early as the end of November. The project team will coordinate the testing
concurrently with Biscayne Point Island. The City has moved forward with the certification
process on the island while Stillwater is under construction, then the inspections will be done for
both areas.
Sidewalks, where needed, have been replaced. Landscaping is to begin in early November.
Construction on the entrance feature will begin in early November. Once the entrance is
completed, crews will mill and resurface the roadways in Biscayne Point Island.
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CIPOC MEETING MINUTES-October 22, 2012
Page 3 of7
In addition to the storm drainage work on Stillwater Drive, conduits for lighting have been
installed, and the light pole bases are to follow in November. Landscape plans are in the review
process. Stillwater Drive improvements should be complete in early 2013.
Water mains have been installed in Biscayne Beach. The plans for the stormwater drainage in
Biscayne Beach are currently under agency review.
The entire project, to include the drainage work in Biscayne Beach, is to be completed in
September 2013.
b. Middle Beach Neighborhoods
Status Report: Central Bavshore Improvements 5:51 p.m.
Maria Hernandez, Senior Capital Projects Coordinator said that overall, the project is 35%
complete. About 20% of the drainage work is complete. All the water main work is complete with
the exception of the meter relocations (back to front), which will happen in December. Saul Gross
asked if all the permission letters were signed. There are a few pending, but now this work has
been eliminated from the project for meter relocation on the houses that were on Pine Tree Drive.
There will be a credit, of sorts on the contract for those untouched meters. The work was not
included in the original contract and was added. Now that the homes on Pine Tree Drive are not
included, the add-on is substantially less than anticipated, and will cost approximately $200
thousand. The existing water line on Pine Tree Drive is not in good condition, so it would not be
wise to connect the meters at this time. The line on Flamingo Drive and in the Lake Pancoast
area is new. Eventually, work will be done to replace and upsize the six-inch line on Pine Tree
Drive, a County Road, and the switch to service will take place then. Work on Pine Tree Drive will
be a separate project, at significant cost. Saul Gross stated that he remembered that when
priority water lines were identified, the pipe on Pine Tree Drive was identified as one that needed
to be replaced. Fernando Vazquez said that staff would research the topic and bring back
information. They were not included in the Bayshore project.
Saul Gross noted here a memo from the Interim City Manager, Kathie Brooks, dated July 9, to the
Finance and Citywide Projects Committee. This memo was included in the CIPOC agenda packet
(page 419) on the overview of the Neighborhood Right-of-Way Improvement projects. He
commended the Office of CIP on their approach to construction and management of the projects
as being done in a measured and comprehensive way. Mr. Gross asked about the status of the
2011 Stormwater Bonds. The Office of CIP works with the Finance Department to utilize the
funding from older issuances before using the newer bonds. Mr. Gross asked for a report to the
Committee on the total funding approved in the 2012-2013 Capital Budget.
Maria Hernandez brought the discussion back to the Central Bayshore project. The team is now
moving ahead with the redesign of Phase 2 of the project. This includes added stormwater design
for the south portion of the project (south of 34 street), road widening, valley gutters and
landscaping. This was a result of a concurrency review by Public Works, in order to bring active
projects up to date with the new stormwater master plan. Saul Gross asked about the
contingency funds for the Bayshore accounts, and whether they have held in the face of change
orders. Maria Hernandez answered that they had, with the exception of the back to front water
meter relocations, which was an engineering omission from the plans.
Robert Rabinowitz asked for specifics on the "unforeseen utility conflicts" that caused a redesign
of the pump station at 40 Street and Flamingo Drive. These were AT&T lines in a duct bank that
ran to Mount Sinai Hospital. The issue of utility conflicts has proven to be a detailed and
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C/POC MEETING MINUTES-October 22, 2012
Page 4 of7
complicated issue. Saul Gross opined that although these cause delays, even prior to
construction, it is wise to address them.
Status Report: Lake Pancoast Improvements 6:09 p.m.
Maria Hernandez, Senior Capital Projects Coordinator said that water and drainage is complete.
Temporary asphalt is in place, the sidewalks are being built. The pump stations should be
completed by January 2013. Once complete, the neighborhood will be transformed. There is an
huge piece of equipment that is needed to be in place to complete the 24 Street pump station.
Once that work is done, the median will be installed. After that, the first lift of asphalt will be
placed. Rain has caused some delays and some complications with construction.
Status Report: Sunset Islands I & II 6:10p.m.
Maria Hernandez, Senior Capital Projects Coordinator said all valley gutters are installed and
85% of Island II is complete. The crews are waiting for better weather in order to complete the
first lift of asphalt. AT&T continues to work on patching, after relocating some utilities. Because of
all the utility conflicts, there are several different contractors on site at the same time. AT&T has
not been as responsive to the City's requests, as FPL and TECO gas has.
The current schedule shows completion for the project in May, 2013. First lift of asphalt is
expected on Sunset Island II by the end of November. DERM certifications for the drainage
structures are pending, but will happen soon. The system is connected. In a heavy rainfall,
because there are screens currently blocking the inlets, as per DERM regulations, the water
ponds on the street. The team monitors the situation and works to mitigate standing water when
there are heavy downpours.
Status Report: Sunset Islands Ill & IV
Sunset Islands Ill & IV were not discussed.
Rick Saltrick, Acting City Engineer, was not available for the meeting, as he was in a meeting with
a commissioner to explain the Stormwater Master Plan.
Status Report: Lower North Bav Road 6:21 p.m.
Senior Capital Projects Coordinator Maria Hernandez said that the second notice to proceed was
issued to TransFiorida on September 28, 2012. The contractor has begun filling potholes and has
ordered structures. Materials are expected to arrive on site so construction can start. The team
has been in contact with the HOA (Mr. Mike Hammond and Mr. Mark Balzli), and Lauren Firtel is
the Public Information Officer (PIO) for the project.
Brian Erlich inquired about the duties of the PIO. Maria explained that they act as liaison between
the residents and the contractor and project team, addressing concerns and complaints, send out
alerts and notices, meet with residents on encroachment issues and are generally the resident
point of contact for projects. Fernando added that they cover the whole information component,
and the City gauges the performance of the PIO based on resident input.
The discussion moved into the Commission item, see the item below at 6:31 p.m.
c. South Beach Neighborhoods
Status Report: Venetian Island Neighborhood Improvement Project 6:33p.m.
Roberto Rodriguez, Capital Projects Coordinator, explained that the project is under the cone of
silence, but could be discussed in a public meeting such as this. The project is now in the bidding
phase. The bid was extended from July 31 to October 30. Schwebke Shiskin was hired as a
F:\CAPI\$a!!\Comm. & C!POC\Commission ltems\2012\02-February\CIPOC October 22 Meeting Minutes REVISED.docx
144
C/POC MEETING MINUTES-October 22, 2012
Page 5 of7
consultant to perform an analysis of existing utilities and identify conflicts. This information is now
included in the contract. The City has contacted the utility companies so that they can start any
relocations before construction starts. TECO has responded with a new design and it is under
review. The utilities will pay for the conduits for their lines.
One bidder, DMSI, submitted over 60 questions that required response from the City. About five
contractors attended the pre-bid conference on October 9.
Elizabeth Camargo asked who the Engineer of Record is for the project. It's Schwebke Shiskin.
Their surveying company was hired separately to do the utility analysis.
Status Report: Palm & Hibiscus Island Neighborhood Improvements and Utilities
Undergrounding 6:50 p.m.
Mattie Reyes, Senior Capital Projects Coordinator, said that Public Works is reviewing the design
criteria package. An item to approve the RFQ has gone to Commission.
Status Report: South Pointe Phase 11/, IV & V Neighborhood Improvement Project 6:55 p.m.
Carla Dixon, Capital Projects Coordinator, said that a new 12" water main was added on Ocean
Drive, and is now connected to the 20" line on 5 Street. The certification of the water lines is
being completed. The County's emergency force main installation at Washington Avenue and
South Pointe Drive has forced the City to halt the completion of the installation of a pump station
in that area. 30% of the testing of the stormwater system on Collins and Ocean Drive remains as
of this meeting. The work on Alton Road has been tested and approved.
The contractor is changing their electrical subcontractor, so there is no work at this time on the
street lighting. Landscaping is moving on schedule.
The project is expected to be completed in the summer of 2013.
Tony Trujillo stated that he sees big improvements in South Pointe.
5. COMMISSION ITEMS:
The Commission items discussed were deferred to a future
Commission meeting.
a. Lower North Bay Road Project 6:31 p.m.
Maria Hernandez explained that TransFiorida submitted a change order that included some
additional scope recommended by Bill Goldsmith and some other storm water drainage
improvements. A year and a half has passed since the change orders were accepted and the first
notice to proceed was issued. The contractor was unable to hold the same pricing submitted in
the initial bid. He submitted another change order to reflect the higher unit prices. A consultant
was hired to analyze the cost and found it to be reasonable. Atkins did the analysis, CIP
conducted negotiations (David Martinez from the Office of CIP), resulting in a savings of $100
thousand.
Fernando took this opportunity to announce that David Martinez was named Assistant Director of
the Office of CIP after serving as Acting Assistant Director.
F:\CAPI\$a11\Comm. & CIPOC\Commission ltems\2012\02-February\CIPOC October 22 Meeting Minutes REVISED.docx
145
CJPOC MEETING MINUTES-October 22, 2012
Page 6 of 7
The funding source for this approximately half from the 2011 Stormwater bonds and some from
the 2006 Gulf Breeze Loan.
MOTION:
MOVED:
Recommend to the Mayor and Commission to pass the resolution.
E. Camargo 2"d: T. Trujillo
PASSED: UNANIMOUS
b. Sunset Islands I & II Project 6:18p.m.
This item is for temporary and permanent relocation of the wiring, not fixtures. The wiring is in the
way of the valley gutter being installed. The price was checked through other vendors as well as
the engineer of record. The cost, $425,000, including the contingency, was determined to be
fair. The majority of funding for this comes from the 2011 stormwater bonds.
MOTION:
MOVED:
Recommend to the Mayor and Commission to pass the resolution.
T. Trujillo 2"d: S. Kilroy
PASSED: UNANIMOUS
c. 6th and 53rd Street Restrooms Project 7:03 p.m.
Bert Cabanas, Capital Projects Coordinator, showed the guaranteed maximum price (GMP)
approval that is to go to Commission for approval for the two restrooms. The contract includes the
demolition of the existing restrooms and the construction of new ones. These are the last two
restrooms to be built of the beachfront restrooms that dot the east coast of the island.
The materials for these two are upgraded significantly tin order to prevent wear, vandalism and
the elements. The total construction is approximately $1.2 million. Staging and access is difficult,
and this adds to the overall construction cost. The City negotiated well below the original
estimate.
Atkins, the company that provided the cost review on this project, has provided cost-review
services before. The result of their work has been a significant savings in our projects. Other
companies are on a rotating list and provide this same kind of service. Fernando said he is
looking for someone in-house to do similar work for smaller projects, perhaps hired on a
temporary basis.
MOTION:
MOVED:
Recommend to the Mayor and Commission to pass the resolution.
S. Kilroy 2"d: R. Rabinowitz
PASSED: UNANIMOUS
d. Palm & Hibiscus Islands 6:51 p.m.
This item is requesting the Commission to approve the issuance of the Request for Proposals
(RFQ) for the street improvements that will also include utility undergrounding. The selection
process is two-tiered. First, bidders submit their qualifications and the City evaluates that. The
firms that are selected as qualified can submit a bid for the contract.
NO VOTE. Saul Gross said there was not enough information to make a recommendation.
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CJPOC MEETING MINUTES-October 22, 2012
Page 7 of7
Additional Discussion: 7:17p.m.
Seawalls
Saul Gross asked how the City is addressing the issue of seawall construction, now that the topic
of sea-level rise is being discussed and the City will finance reconstruction of seawalls on public
property in neighborhood projects. Fernando Vazquez said that the Public Works Department had
been looking at rebuilding seawalls citywide for a number of years, the overall cost, as well as
prioritization of the projects. Homeowners are responsible for the seawalls on their properties and
this needs to be taken into consideration once the City establishes standards for seawall height
as a measure of protection. The question remains how much authority does the City have in
determining the height and strength necessary for seawalls located on private property.
Additional Discussion: 7:21p.m.
Date for next meeting
Meeting Adjourned: 7:23p.m.
Next CIPOC meeting is scheduled for Monday, December 10, 2012 at 5:30p.m. in Commission Chambers.
However, meeting schedule may change. Official notification will be posted on the City Clerk Calendar,
http://www.miamibeachfl.gov/calendar/cmbcalendar.£till.~ each month.
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148
MIAMI 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: Kathie G. Brooks, Interim City Managerp )-
DATE: February 6, 2013
SUBJECT: REPORT OF THE JANUARY 23, 2013 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on January 23, 2013. Members
in attendance were Commissioners Gongora and Libbin. Members from the Administration
and the public were also in attendance. Please see the attached sign-in sheet. The
meeting was called to order at 3:15pm.
1. ALTON ROAD DISTRICTS:
a) PROPOSED ALTON ROAD HISTORIC DISTRICT BUFFER OVERLAY.
(DEFERRED FROM THE DECEMBER 19, 2012 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
JANUARY 19, 2011 ITEM RSD)
b) PROPOSED PARKING DISTRICT #6 FOR THE ALTON ROAD CORRIDOR.
(DEFERRED FROM THE DECEMBER 19, 2012 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
NOVEMBER 17,2010 CITY COMMISSION MEETING, ITEM RSA)
AFTER~ACTION: Richard Lorber introduced the proposed parking district ordinance and
explained that the Planning Department continues to support the proposed reduction in
parking for the Alton Road corridor. Jorge Gomez added that the provisions for hotel
parking in this ordinance should be removed as the City is addressing the issue of hotel
parking through other ordinances. Graham Penn representing the Galbut Project at 61h and
Alton spoke in favor of the draft ordinance and requested a modification to the map of
boundaries of the area, to include all of the Vitri parcel. Mark Needle, representing the
Flamingo Park Neighborhood Association, indicated that the residents would only consider
that the parking reductions should be approved if the companion historic district buffer
overlay ordinance was also moved forward.
MOTION: Libbin/G6ngora: (2-0) Move both a) the Administration's recommendation, and
b) Parking District #6, forward to the full Commission.
2. REDUCED PARKING RATES FOR HOTEL EMPLOYEES.
(DEFERRED FROM THE DECEMBER 19, 2012 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON,
149
Agenda Item G G, B
Date .?-~,19
City Commission Memorandum
Reporl of Land Use & Development Committee Meeting of January 23, 2013
Page 2 of5
OCTOBER 19,2011 CITY COMMISSION MEETING, ITEM C4K)
AFTER~ACTION: DEFERRED TO FEBRUARY LUDC MEETING
3. DISCUSSION OF THE MIAMI BEACH CURRENT CITY CODE CHAPTER 64 (3)
RELATING TO ALCOHOLIC BEVERAGE SALES THAT REQUIRES A 300 FOOT
DISTANCE BETWEEN LIQUOR STORES AND ASK THAT THE CITY LOOK INTO
ADOPTING THE COUNTY REQUIREMENT OF 1500 FEET.
(DEFERRED FROM THE DECEMBER 19, 2012 LUDC MEETING
ORIGINALLY REFERRED BY COMMISSIONE .ORGE R. EXPOSITO
OCTOBER 19, 2011 CITY COMMISSIO~. ~TING, ITEM C4L)
r;·'<·~ .
AFTER~ACTION: DEFERRED TO FEBRUARY L. <
;~
4· :~x~~B~L~\~~~:;~~:1:~~~~A!r~:N~~~M!~ .;~;~E CITY OF MIAMI
a). MINIMUM UNIT SIZES FOR HISTORf~2~ttOTEL~t~;RM-2 TO .. :~ETBACKS
·~-:.;r:~~;~f('·' -' -; .. -\\-·~~:} -,:. __ ,_, .. ,
AN ORDINANCE OF THE Mi.. R AND ct'f~>· 'tSSION OF THE; ·.'tTY OF MIAMI
BEACH, FLORIDA, AMEtf. J;l;iE LANd'. LOPMENT REGULATIONS OF
THE CODE OF THE CITY'{ '~J: I BEAC. Y AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRIC'f:~)AN' .... ~,~LATI ••. ~1 BY AMENDING ARTICLE II,
ENTITLED "DISJ JCJ REGUJ.:~i[J.ONS'';;:· . -.AMENJIJN.G SECTION 142-155 TO
MODIFY THE)~·· . ... ENTS F·~"'MINl. {~~,.Q AVSRAGE HOTEL ROOM SIZE
FOR HISTOIJt· .... ITHIN 'l(t).t;• •·. 21 DiSltt\~PT; BY AMENDING SECTION
142-217 TO M ' FY THE:~ EQUIRE.. ·s FOR MTNIMUM AND AVERAGE HOTEL
ROOM SIZE F rtfJSTO~Jlj HOTELS ~JHIN THE RM-2 DISTRICT; BY AMENDING
SECIIOlt!~·142-21'B~il~; ...... ·1;I;HE TOI/:!=R SETBACK REQUIREMENTS WITHIN
T !Zi:"f!QJSTRfS", ·.··.·•· ~1;401NG}&;':'SECTION 142~246 TO MODIFY THE
IREM.e-N·[Jts,. Fo'R::?l~INJMuP:if•·;~~R. ·'·'A.vERAGE HOTEL RooM s1zE FoR
.. . ORIC HO ,,WITHllt;\JHE RM-3'01STRICT; PROVIDING FOR INCLUSION IN
. ., .. £:.:;;:,PITY COD ~;!~.;:,fROVt~)~.G FOR REPEALER, SEVERABILITY AND AN
EFFtig~J~E DATE. ··i·ti;t,, •:J~~·/
b). RM-· ... ·.CESSORY~USE SIGNAGE
AN ORDIN'ff4~~0F T;~~·~MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORit'.f~~·"·~~~ENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF1ttf:e:?'CITY OF MIAMI BEACH, BY AMENDING CHAPTER 138,
ENTITLED "SIGNS'r, BY AMENDING ARTICLE V, ENTITLED "SIGN REGULATIONS
BY DISTRICT", BY AMENDING SECTION 138-172 TO MODIFY THE
REQUIREMENTS FOR HOTELS AND APARTMENT BUILDINGS WITHIN THE RM~3
DISTRICT; BY AMENDING SECTION 138-8 TO MODIFY THE REQUIREMENTS FOR
HOTELS AND APARTMENT BUILDINGS WITHIN THE RM-3 DISTRICT; BY
AMENDING SECTION 138-171 TO MODIFY THE REQUIREMENTS FOR HOTELS
AND APARTMENT BUILDINGS WITHIN THE RM-3 DISTRICT; PROVIDING FOR
INCLUSION IN THE CITY CODE; PROVIDING FOR REPEALER, SEVERABILITY
AND AN EFFECTIVE DATE.
150
City Commission Memorandum
Report of Land Use & Development Committee Meeting of January 23, 2013
Page 3 of5
c). POOL SETBACKS AND MECHANICAL EQUIPMENT SETBACK
ENCROACHMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS", BY AMENDING ARTICLE
IV, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS", BY AMENDING
SECTION 142-1133 TO MODIFY THE REQUIREMENTS FOR THE CONSTRUCTION
OF SWIMMING POOLS ON CORNER AND THRU LOTS WITHIN SINGLE FAMILY
DISTRICTS; BY AMMENDING SECTION 142-113~,f~]lQ MODIFY THE SETBACKS
FOR CENTRAL AIR CONDITIONERS AND OJJlit~'"MECHANICAL EQUIPMENT;
PROVIDING FOR INCLUSION IN THE CITY QQI:JE'; PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.,;\:~,;i';I~';,'~~i';;rt:,;1,
(CONTINUED FROM THE DECEI\ile~R'-,'19, 20'i'~t,.UDC MEETING
ORIGINALLY REQUESTED BY cg .. JSSIONER Ml~~f\EL GONGORA
MARCH 21, 2012 CITY COMNJJ .. ·· fON MEETING, ltJM C4M)
,~'i)~;~;:: . :::A~:,(:."
. ·.:./·-;,}·_·-:·_. ':~&=i~~/:>:
AFTER-ACTION: Richard Lorber went ln'tp~gh eaciJe,,jtem design~~·:to streamline the
development process and eliminate the need fdiS,~xces ' · ··· ' ariances. · i~1;:;,
MOTION: Libbin/G6ngora::;;f~W'~~~~::;·8efer t;·' .. ',l).~, Planning Board •;,:;ith a positive
recommendation. The Committe~~~eqtre~~~gthat the'r\~~be kept on the LUDC agenda to
discuss other aspects of the original{t~ferral:~:c,;,hl;;,, · ·:~,~·:,.
5. DISCUSSION .J~,~~G~BNING ;·~~·.,MIAM;~f~~Jk€H ~:G~"N RIGHTS COMMITTEE RESOLUTiq~~f{e6ARtSltif1~ THE PQ~.J~(,1Nf$O·F.PU$~!~ NOTICES.
(De~gRRED F~~M THE U~§:~MBER 19,''2012 LUDC MEETING
R~~:~.RRE9~(~)' COMMI~l~!,PNER MICHAEL GONGORA
; ·.''"~,,,§EPTEMBE~:~1,~~gOtfr2.fiTYCQ~MISSION MEETING, ITEM C4D)
AFlitti~~g~l:d~~:~i;:;~af~~j~,~~~~~~:;i~l~~~Q;~~·j.the matter, and members of the Human
Rig ·. ommittee. ·:;;vY~Iker Btl,~chell of'tfi~' Committee made remarks. Commissioner
Libbi "~pressed supp&Wor the~f~gpsal but didn't want heavy penalties for not posting the
notices:"rt'69.1Jlmissioner <3 ora eX'~t~f)sed enthusiastic support.
MOTION: ·',d~~spra/Libbin~~r{~o) Move approval of the proposed ordinance amendment.
'0:.:-··:;;,;. !·:-:.--·<.::.'
6. DISCUSSIO~·~: A]J~~~G FOOD TRUCKS ON PRIVATE PROPERTY
(DEFE . ):~;FROM THE DECEMBER 19, 2012 LUDC MEETING
ORIGINALL -REQUESTED BY COMMISSIONER JONAH WOLFSON
SEPTEMBER 12, 2012 CITY COMMISSION MEETING, ITEM C4K)
AFTER-ACTION: DEFERRED TO FEBRUARY LUDC MEETING
7. DISCUSSION REGARDING THE CITY'S CURRENT PLAN TO CONTAIN RISING
SEAS AND DESTRUCTIVE STORM SURGES.
(REQUESTED BY CITY COMMISSION
NOVEMBER 14, 2012 CITY COMMISSION MEETING, ITEM R9K)
151
City Commission Memorandum
Report of Land Use & Development Committee Meeting of January 23, 2013
Page 4 of5
AFTER-ACTION: Fred Beckmann introduced the item and explained the Stormwater
Master Plan. He discussed the FOOT project for Alton Road, which will install major pump
systems at 5th Street, 1oth Street, and 141h Street, which may be installed by the end of 2013.
Commissioner Libbin asked questions about the nature of the flooding and where the pumps
will empty out to. The water will outfall to the Bay. The projects will include check valves
and backflow preventers. He also discussed some of the planning issues involved. The
stormwater master plan does not account for storm surge. Members of the public spoke,
including Morris Sunshine, Christine Florez, and Dan Kipnis.
The Committee supported item #2 of Morris Sunshine's/,.5\'!;lj)mitted proposal, which would
require the City Manager to issue an annual report to ~s:City Commission describing the
City's current efforts and future plans, perhaps iq:l. · eration with other agencies, to
mitigate the local effects of rising seas and extre .. ' . . ·,.events. The City Manager is to
ensure that the Building Official reviews th~. ' ding ·J?.Qe to determine if it needs
strengthening and if so, how to pr · · .. d to cHaJ~.~ the Florida Building
Code, if that is necessary to change loc", . tices. The Crtf~\(!A~nager is to ensure the
Planning Director reviews FEMA's flood;r::.. s and other data t(j;{0~.~tter shape its zoning
regulations. '':¥._,; . ':·.\:~~·;c ..
MOTION: Libbin/G6ngora: (2-Ql··LT\J;>prove #2 ~~f.~q,;_ · lh.~hine's prop~i~~l~0
'· . ~~:,:;:,.< i ",·~/::· ·2.-20"'"
-,__;;·~?·.";~~,'.£;·,;:·'<: i-o-< '; ';'' ·-~ ~(·\-
8. DISCUSSION PERTAINING i~.;;:i~~RJJ::R M~f~f!itA.LS FOR NEXT GENERATION
INFRASTRUCTURE/' SUCH Jtj ELI.JIIJN»tTING TRk':• DISPOSAL OF TIRES IN
GLOBAL LANQ~JJ;i~i;~N,D INCIN~8.ATO )••)•c. '{'5~i~ {§gfE~fiE~[i~Y COMfti~§.~t,, . MI~~~~L GONGORA
DEC'E''MBER 12.'20'~ 2 CITY G~fJ,t ISS ION l\JI£ETING, ITEM C4M)
AFTER-ACTION: . ~~kRRJ;~:~;fl,fEBR~~~¥ LUDC MEETING
, 0' '8i:,;tiW;~~i: ~ ';: ~ A •. ' 't;) .r:::~};;:'[1i'~:'7~<' ;f:~;'i}:,c . . · ..• :;;q.;,
, :}:~J~_~)X~E~~-::_·, .,, · · · ·-:-..:~\ ::~:~.~~-\;,._.;. . ·< ,::-'?.:ttr~·~:1:·--.' '<~-.. :t:?~~~:~r~~l':.,~ -.. ~?:~·!"
9 .. ;:'•#;~· ORDINANe'e7l~MENQJJt.J,~ THE C9:0E OF THE CITY OF MIAMI BEACH, BY
Ar@, DING CHARI~~ s6;:J;~b~TITLED "MARINE STRUCTURES, FACILITIES AND
VE ES," BY AM~~.QING'''*'aJICLE II, TO BE ENTITLED "RESTRICTED WAKE
ZON $Z~,." TO CRE~il; REd'iliLATIONS FOR RESTRICTED WAKE ZONES;
PROVIDft(S.,. FOR A PtiJ8POSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR RESTRICTEtbAREAS;i;~ROVIDING FOR POSTING OF REGULATORY MARKERS;
PROVIDING·1r.\£C),R tJtJMPTIONS; PROVIDING FOR ENFORCEMENT AND
PENALTIES; PR~Mf§JNG FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE D~ifE. FIRST READING.
(REQUESTED BY CITY COMMISSION
DECEMBER 12,2012 CITY COMMISSION MEETING, ITEM R5F & R71)
AFTER-ACTION: DEFERRED TO FEBRUARY LUDC MEETING
10. DISCUSSION OF THE 6TH AND 53RD STREET RESTROOMS PROJECT.
(REQUESTED BY CITY COMMISSION
JANUARY 16,2013 CITY COMMISSION MEETING, ITEM R7E)
152
City Commission Memorandum
Report of Land Use & Development Committee Meeting of January 23, 2013
Page 5 of5
AFTER-ACTION: Fernando Vazquez introduced the item, and introduced the project team
present for today's discussion. Elvira Freire, architect with C3TS made a presentation about
the design of the facilities. Thornton Construction, the construction manager at risk
presented the details.
MOTION: Refer to the full Commission without recommendation.
11. HOTEL PARKING REQUIREMENTS ORDINANCE.
(REQUESTED BY CITY COMMISSION
JANUARY 16, 2013 CITY COMMISSION MEETING ITEM, R5E)
AFTER-ACTION: Richard Lorber explained how the;jt~~twas discussed at the previous
Commission hearing, and the various proposals. J~-?M'fnissioner Gongora went through
each aspect of the ordinance, finding consensus qtl(~:{S-'$p~ces/room for West Avenue and
South of Fifth, and 0.5 spaces/room for Historic 6J~:flctsa1~~:.North Beach. Michael Larkin
made a presentation on behalf of the Finvarg; ';'tel' project ~t~~:~th Street and West Avenue,
and proposed a modification to the prop() · dinance which<~~~ld permit hotels outside
historic districts which agree to limit ace .. commercial uses f~tifileve the same 0.5 per
room formula apply to them as is proposed .;{:~_hose prop~rties in hist~t!t;;.districts and North
Beach. Christine Florez spoke on beha1f1i~~L Wx~1~~-~venue Cot*t~~f Neighborhood
Association. Also speaking wer~:ijichard FinvafiJ!,)J y"Liebman, Neisffi:}:~Kasdin, Alfredo
Gonzalez, and Frank De!Vecchi(;):zif·,~C~Q)missioner · .. _ · .. ·· .· .. ra enquired about fhe possibility of
requiring a public purpose for a C:Jj~pe~~~.tJgn for hot~ ·;,g~yelopment. Commissioner Libbin
brought up the matter of employe~i~.{'larRih~~: •• l;ie also· Gli~Qussed the problems associated
with the Housing Authority propert~i:-, He sqgg~~ted th'~~i.:,t,he neighbors explore what
alternative project~,1 ffi_1g~::~~. located ·~bJhe sq~f~~ft!r;C',perty~:i;~l;lat might create even more
::~ON: Libbl~;;~ora\:i\~) Mov~ :~~~:~nin~t~:p~'rtment staff recommendation to
full Commiss;ion, and •r~yest · .. JpformatidqLon employee parking, potential for additional
ame~g~~mt~,'i~~~St on p~~~l. ·s~,lqt;,;i,~phie~~g public benefits in return for additional
parJs!I!J,g;r~auction~I{:;. . ·; ;:: •. :: > · •.•JL:z,.. ~ •. Th;:i~k'?mitlee al:~ '9il\~~(l ;~~;~~ponent'~;~~e proposed hotel development at 1 ih Street
and w~~~·f\venue to contjiJ!~.e to m~~l:Y"ith residents, and to present his suggestion dealing
with hotef~52~!JtsiCle historiqfpistricts!;~hich limit accessory commercial uses to the full
Commission'<f~~.possible ref~t:ral to the Planning Board as a separate ordinance.
Attachment
~\/':L .<;:~;:/.;::
· -,;t~~:-·.. ,-; y?;.~_Fi ,--r~:y':·'> ~ -~:
l\~_-.{ <;?:~·,<J>· .
. ;.;·,~-->·Y:':·~--
M:\$CMB\CCUPDATES\Land Use and Development Committee\2013\January\LUDC Meeting of January 23, 2013 afteraction.docx
153
1. 2. -3. -4. -5. 6. -7. -8. -~ '9. CJ'I ~-~ 11. 12. 13. -14 15. 18 19. 20. NAME LAND USE AND DEVELOPMENT COMMITTEE MEETING January 23, 2013 @ 3:00 pm City Manager's Large Conference Room Attendance Sheet CONTACT NUMBER 1 I WISH TO RECEIVE THE AGENDA ELECTRONICALLY YeJ M:\$CMB\CCUPDATES\Land Use and Development Committee\Sign In Sheet 2013.docx E-MAIL ADDRESS lokI. \:,0 ff'l . ( @
C7
RESOLUTIONS
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution authorizing the City Manager to apply for and accept three (3) grants.
Key Intended Outcomes Supported:
1) Ensure value and timely delivery of quality capital projects; 2) Enhance mobility throughout the City; 3)
Maintain crime rates at or below national trends.
Supporting Data -2009 Community Survey: 1) 92% of respondents rated quality of the City's
Emergency/Hurricane preparedness as "Excellent" and "Good"; 2) 63.7% of respondents stated that here
were "too few" bike paths/lanes; 3) Business and resident respondents rated "Preventing Crime" as the most
important areas for the City of Miami Beach to address in an effort to improve public safety throughout the
City.
Item Summary/Recommendation:
Approval to apply to: 1) U.S. Department of Homeland Security, Federal Emergency Management Agency
(FEMA), Hazard Mitigation Grant Program in the approximate amount of $120,000, for the Window
Replacement Project at the Miami Beach Botanical Garden; 2) Florida Department of Environmental
Protection, Recreational Trails Program for funding in the approximate amount of $200,000 for Middle Beach
Recreational Corridor; and 3) Florida Office of the Attorney General, Victims of Crime Act program for
funding in the approximate amount of $100,000 for Salary and Operating expenses for a Victim's Advocate
position. Adopt the Resolution.
Advisory Board Recommendation: N/A
Financial Information· -
Source # Grant Name/ Grant Match Amount/City Expense/Source
of Project Approx
funds Amount
1 1 HMGP/Botanical I $12o,ooo Required grant match is approx. $30,000. Source:
~ I Garden Windows 1 City Center RDA Capital through the FY 13/14
I I Budget Process (to be appropriated)
2 RTP/Middle $200,000 $200,000 -MBRC Phase II funds previously
Beach appropriated for MBRC Phase II
Recreational I i Corridor I !
3 · Florida Office of $100,000 Required grant match is approx. $25,000; Source:
the Attorney Police Confiscation. Law Enforcement Trust Funds
Generai/VOCA through the FY 13/14 Budget Process (to be
appropriated)
City Clerk's Office Legislative Tracking:
I Judy Hoanshelt, Grants Manager, Office of Budget and Performance lmproveme._n_t _________ j
s· off Jgn-s:
Department Director Assistant City Manager
MIAMI BEACH 156
I
I
I
Ci~~anager
.4.'-itL ... ,.,D
_#·
AGENDA ITEM ----=C_7......,A'-"---
DATE z .... " -L3
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Matti Herrera Bower and Members of the c; ~mission
Kathie G. Brooks, Interim City Manager /A~
February 6, 2013 DATE:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER OR HER DESIGNEE TO A SUBMIT GRANT APPLICATIONS TO: 1)
THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, FOR
FEDERAL FUNDING FROM THE U.S. DEPARTMENT OF HOMELAND
SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA),
HAZARD MITIGATION GRANT PROGRAM IN THE APPROXIMATE AMOUNT
OF $120,000 FOR THE WINDOW REPLACEMENT PROJECT AT THE MIAMI
BEACH BOTANICAL GARDEN; 2) THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, RECREATIONAL TRAILS PROGRAM FOR
FEDERAL FUNDING IN THE APPROXIMATE AMOUNT OF $200,000 FOR THE
MIDDLE BEACH RECREATIONAL CORRIDOR; AND, 3) FLORIDA OFFICE OF
THE ATTORNEY GENERAL FOR VICTIMS OF CRIME ACT (VOCA) FUNDING
IN THE APPROXIMATE AMOUNT OF $100,000 FOR THE POLICE
DEPARTMENT'S CRIMINAL INVESTIGATION DIVISION; APPROPRIATING
THE ABOVE GRANTS IF APPROVED AND ACCEPTED BY THE CITY, AND
AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO THESE
APPLICATIONS
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
1. Approval to submit a grant application to the State of Florida, Division of Emergency
Management CFDEM). for federal funding from the U.S. Department of Homeland
Security. Federal Emergency ManagementAgency{FEMA). Hazard Mitigation Grant
Program in the approximate amount of $120,000. for the Window Replacement
Project at the Miami Beach Botanical Garden
The Hazard Mitigation Grant Program is authorized by Section 404 of the Robert T. Stafford
Disaster Relief Act. This funding helps communities implement measures to reduce or
eliminate long-term risk to people and property from natural hazards and helps to address
eligible mitigation activities. The Hazard Mitigation Grant Program (HMGP) is funded by the
US Department of Homeland Security, through FEMA, and administered by the State of
Florida Division of Emergency Management. The HMGP funds requested in this agenda
item are a result of the recent Presidential Disaster Declaration for Tropical Storm Debby
(FEMA 4068-DR-FL).
157
Commission Memorandum
Page 2
The City has previously been awarded funding from FEMA for the following projects:
• Funding in the amount of $637,777 for impact-resistant windows at City Hall, Police
Station, Fire Station 1 and Fire Station #3.
• Funding in the amount of $690,049 for impact resistant windows at 555 1 yth Street,
1701 Meridian, 21st Street Recreation Building and Fleet Management Building (140
McArthur Causeway).
• Funding in the amount of $750,000 through the PDM Program for Mount Sinai for the
purchase and installation of a generator at the Gumenick Ambulatory Surgical
Center at Mount Sinai Hospital.
• Funding in the amount of $706,825 for the Talmudic University for the replacement
of windows and doors at the University building located at 4000 Alton Road.
During a storm event, the City is subject to high winds, missile hazards, flood and significant
impact damage; the Botanical Garden has previously been damaged by hurricanes and
does not have impact resistant glass protection. The Administration plans to seek funding
from HMGP for replacement windows for the Miami Beach Botanical Garden in order to
mitigate potential future damage. The proposed project will include the replacement of
existing windows and doors with impact resistant glass protection. The doors and windows
will be rated in accordance with the Miami-Dade County Building Code and will absorb
impacts and sustain the force and pressure of high winds associated with a hurricane.
The estimated cost of this project is $120,000 and the grant will provide 75% of the costs of
this project. Required grant match is approximately $30,000; Source: City Center RDA
Capital through the FY 13/14 Budget Process (to be appropriated).
This project supports the key intended outcome: ensure value and timely delivery of quality
capital projects.
2. Approval to submit a grant application to the Florida Department of Environmental
Protection, Recreational Trails Program for funding in the approximate amount of
$200.000 for Middle Beach Recreational Corridor.
The Recreational Trails Program (RTP) is a federally funded competitive grant program that
provides financial assistance to agencies of city, county, state or federal governments, and
organizations, approved by the State for projects that provide, renovate or maintain
recreational trails, trailhead and trailside facilities. Florida's Department of Environmental
Protection, Office of Greenways & Trails administers the program in coordination with the
U.S. Department of Transportation, Federal Highway Administration.
The Administration intends to apply for construction funding for the Middle Beach
Recreational Corridor Phase II, which is from 46th to 64th Street. This portion of the project is
currently in design. All grant awards must be matched and applicants may choose either
$1:$1 match, or a lesser percentage; the more match provided, the higher the application
will be rated. The Administration intends to apply for grant funds in the amount of $200,000
and matching funds for this project in the amount of $200,000 are available from the project
budget for Middle Beach Recreational Corridor Phase II project. The key intended outcome
for this project is: enhance mobility throughout the City.
158
Commission Memorandum
Page 3
3. Approval to submit a grant application to the Florida Office of the Attorney General 1
Victims of Crime Act program for funding in the approximate amount of $100,000 for
Salary and Operating expenses for a Victim's Advocate position
The Office of the Attorney General has announced the availability of Victims of Crime Act
(VOCA) grant funds from the U.S. Department of Justice. The purpose of VOCA grant funds
is to support the provision of services to victims of crime. Services are defined as those
efforts that respond to the emotional and physical needs of crime victims, assist victims of
crime to stabilize their lives after victimization, assist victims to understand and participate in
the criminal justice system, and provide victims of crime with a measure of safety and
security. Eligibility to apply for VOCA funds is limited to victim assistance programs
administered by state or local government agencies or not-for-profit corporations registered
in Florida, or a combination thereof. The funding cycle for the VOCA grant funds under this
agenda item is October 1, 2013, through September 30, 2014.
The Administration plans to apply for funding in the approximate amount of $100,000 for the
Police Department's Domestic Violence Program in the Criminal Investigation Division to
cover the salary of one Victim's Advocate position and operating expenses for the program.
The Police Department will provide the required match of approximately $25,000 from the
Police Confiscation, Law Enforcement Trust Funds through the FY 13/14 budget process (to
be appropriated). This project supports the key intended outcome: maintain crime rates at
or below national trends.
CONCLUSION
The Administration requests approval to authorize the City Manager or her designee to
submit grant applications to: 1) the State of Florida, Division of Emergency Management
(FDEM), for federal funding from the U.S. Department of Homeland Security, Federal
Emergency Management Agency (FEMA), Hazard Mitigation Grant Program in the
approximate amount of $120,000, for the Window Replacement Project at the Miami Beach
Botanical Garden; 2) Florida Department of Environmental Protection, Recreational Trails
Program for funding in the approximate amount of $200,000 for Middle Beach Recreational
Corridor; and, 3) Florida Office of the Attorney General, Victims of Crime Act program for
funding in the approximate amount of $100,000 for Salary and Operating expenses for a
Victim's Advocate position; appropriating the above grants, if approved and accepted by the
City, and authorizing the execution of all documents related to these applications.
KGB/JMH
T:\AGENDA\2013\2-6-2013\Grants Memo.doc
159
RESOLUTION NO., ___ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO A
SUBMIT GRANT APPLICATIONS TO: 1) THE STATE OF
FLORIDA, DIVISION OF EMERGENCY MANAGEMENT (FDEM),
FOR FEDERAL FUNDING FROM THE U.S. DEPARTMENT OF
HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT
AGENCY (FEMA), HAZARD MITIGATION GRANT PROGRAM IN
THE APPROXIMATE AMOUNT OF $120,000 FOR THE WINDOW
REPLACEMENT PROJECT AT THE MIAMI BEACH BOTANICAL
GARDEN; 2) THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, RECREATIONAL TRAILS
PROGRAM FOR FEDERAL FUNDING IN THE APPROXIMATE
AMOUNT OF $200,000 FOR THE MIDDLE BEACH
RECREATIONAL CORRIDOR; AND 3) THE FLORIDA OFFICE OF
THE ATTORNEY GENERAL FOR VICTIMS OF CRIME ACT
(VOCA) FUNDING IN THE APPROXIMATE AMOUNT OF $100,000
FOR THE POLICE DEPARTMENT'S CRIMINAL INVESTIGATION
DIVISION; APPROPRIATING THE ABOVE GRANTS IF
APPROVED AND ACCEPTED BY THE CITY, AND AUTHORIZING
THE EXECUTION OF ALL DOCUMENTS RELATED TO THESE
APPLICATIONS
WHEREAS, the Hazard Mitigation Grant Program is authorized by Section 404 of
the Robert T. Stafford Disaster Relief Act and funding from this program helps
communities implement measures to reduce or eliminate long-term risk to people and
property from natural hazards and helps to address eligible mitigation activities; and
WHEREAS, the Hazard Mitigation Grant Program (HMGP) program is funded by
the US Department of Homeland Security, through FEMA, and administered by the State
of Florida Division of Emergency Management and the HMGP funds requested in this
agenda item are a result of the recent Presidential Disaster Declaration for Tropical
Storm Debby (FEMA 4068-DR-FL); and
WHEREAS, the City has previously been awarded funding from FEMA for the
following projects: 1) Impact-resistant windows at City Hall, Police Station, Fire Station 1
and Fire Station #3 in the amount of $637,777; 2) impact resistant windows at 555 17th
Street, 1701 Meridian, 21st Street Recreation Building and Fleet Management Building
(140 McArthur Causeway) in the amount of $690,049; 3) purchase and installation of a
generator at the Gumenick Ambulatory Surgical Center at Mount Sinai Hospital in the
amount of $750,000; 4) replacement of windows and doors at the Talmudic University
building in the amount of $706,825; and
WHEREAS, during a storm event, the City is subject to high winds, missile
hazards, flood and significant impact damage and the Miami Beach Botanical Garden
has previously been damaged by hurricanes and does not have impact resistant glass
protection; and
160
WHEREAS, the Administration plans to seek funding from HMGP for
replacement windows for the Miami Beach Botanical Gardens in order to mitigate
potential future damage and proposed project will include the replacement of all windows
with the installation of impact resistant doors and windows; and
WHEREAS, the grant will provide 75% of the costs of this project; the required
City match is 25% or approximately $30,000: and
WHEREAS, required grant match is approximately $30,000; Source: City Center
RDA Capital through the FY 13/14 Budget Process (to be appropriated); and
WHEREAS, this project supports the key intended outcome: ensure value and
timely delivery of quality capital projects; and
WHEREAS, therefore, the Administration requests approval to submit a grant
application to the State of Florida, Division of Emergency Management (FDEM), for
federal funding from the U.S. Department of Homeland Security, Federal Emergency
Management Agency (FEMA), Hazard Mitigation Grant Program in the approximate
amount of $120,000, for the Window Replacement Project at the Miami Beach Botanical
Garden; and
WHEREAS, the Recreational Trails Program is a federally funded competitive
grant program that provides financial assistance to agencies of city, county, state or
federal governments, and organizations, approved by the State for projects that provide,
renovate or maintain recreational trails, trailhead and trailside facilities; and
WHEREAS, Florida's Department of Environmental Protection, Office of
Greenways & Trails administers the program in coordination with the U.S. Department of
Transportation, Federal Highway Administration; and
WHEREAS, the Administration intends to apply for funding for the Middle Beach
Recreational Corridor Phase II, which is from 46 1h to 64th Street and this portion of the
project is currently in design; and
WHEREAS, all grant awards must be matched and applicants may choose either
$1:$1 match, or a lesser percentage; the more match provided, the higher the
application will be rated and matching funds for this project in the amount of $200,000
are available from the project budget for Middle Beach Recreational Corridor Phase II
project; and
WHEREAS, the key intended outcome for this project is: enhance mobility
throughout the City; and
WHEREAS, therefore, the Administration requests approval to submit a grant
application to the Florida Department of Environmental Protection, Recreational Trails
Program for funding in the approximate amount of $200,000 for Middle Beach
Recreational Corridor; and
WHEREAS, the Office of the Attorney General has announced the availability of
Victims of Crime Act (VOCA) grant funds from the U.S. Department of Justice and the
purpose of grant funds is to support the provision of services to victims of crime; and
161
WHEREAS, eligibility to apply for VOCA funds is limited to victim assistance
programs administered by state or local government agencies or not-for-profit
corporations registered in Florida, or a combination thereof; and
WHEREAS, the funding cycle for the VOCA grant funds under this agenda item
is October 1, 2013, through September 30, 20 14; and
WHEREAS, the Administration plans to apply for funding in the approximate
amount of $100,000 for the Police Department's Domestic Violence Program in the
Criminal Investigation Division to cover the salary of one Victim's Advocate position and
operating expenses for the program; and
WHEREAS, the Police Department will provide the required match of
approximately $25,000 from the Police Confiscation, Law Enforcement Trust Funds
through the FY 13/14 budget process (to be appropriated) and this project supports the
key intended outcome: maintain crime rates at or below national trends; and
WHEREAS, approval is requested to submit a grant application to the Florida
Office of the Attorney General, Victims of Crime Act program for funding in the
approximate amount of $100,000 for Salary and Operating expenses for a Victim's
Advocate position.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH hereby approve and authorize the City
Manager or her designee to support grant applications to: 1) the State of Florida,
Division of Emergency Management (FDEM), for federal funding from the U.S.
Department of Homeland Security, Federal Emergency Management Agency (FEMA),
Hazard Mitigation Grant Program in the approximate amount of $120,000, for the
Window Replacement Project at the Miami Beach Botanical Garden; 2) Florida
Department of Environmental Protection, Recreational Trails Program for funding in the
approximate amount of $200,000 for Middle Beach Recreational Corridor; and 3) the
Florida Office of the Attorney General, Victims of Crime Act program for funding in the
approximate amount of $100,000 for Salary and Operating expenses for a Victim's
Advocate position; appropriating the above grants, if approved and accepted by the City,
and authorizing the execution of all documents related to these applications.
PASSED and ADOPTED this ___ day of ___ , 2013
ATTEST:
CITY CLERK
KGB/JMH
T:\AGENDA\2013\1-16-13\Grants Reso.doc
162
MAYOR
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163
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Electing Commissioner Jonah Wolfson, Group IV, As Vice-Mayor For A Term Commencing
On March 1, 2013, And Terminating On June 30, 2013, Or On Such Date When A New Vice-Mayor Is
Thereafter Elected.
Key Intended Outcome Supported:
N/A.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
The City Commission has established a policy of rotating the position of Vice-Mayor every four (4) months.
Since 1994, the rotation has been by Commission Group numbers in the following sequence, Group I, II,
Ill, IV, V, and VI.
Based on this direction, the next Vice-Mayor Group is Group IV. The term for the next Vice-Mayor is
March 1, 2013 and terminating on June 30, 2013. Commissioner Jonah Wolfson (Group IV) is next in
the rotation to serve as Vice-Mayor.
Advisory Board Recomm._e_n_d_at_io_n_·_. ---~-
i LillA.. .. ---·----------· ---'
Financial Information:
Source of I ~-Amount
tN/A
Account
Funds: -
1 N/A
, I 2
I __ J ·--· 3 I =i== 4
i-· ._._,
OBPI Total I
I ----
Financial Impact Summary: _, __ . --
City Clerk~s Office Legis!ative Tracking: I Raf~el E. Granad~~ City Clerk
Si n-Offs:
~!~ectr
-_ -· ~ ~--~~ f I Rafael E. Granacfcf: ily Clerk I
Assistant City Manager
T:\AGENDA\2013\February 6\Vice-Mayor\vice-mayor-SU M.doc
MfAMIBEACH 164
-~
Approved
-~-·-
..
---
...
~--"-~ --
--_,_
---
-----------------J
AGENDA ITEM G 7 l3
D:ATE :2 ~{:,-J3
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager P;L
February 6, 2013
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ELECTING COMMISSIONER JONAH WOLFSON,
GROUP IV, AS VICE-MAYOR FOR A TERM COMMENCING ON MARCH 1,
2013, AND TERMINATING ON JUNE 30,2013, OR ON SUCH DATE WHEN A
NEW VICE-MAYOR IS THEREAFTER ELECTED.
ANALYSIS
The City Commission has established a policy of rotating the position of Vice-Mayor every
four (4) months. Since 1994, the rotation has been by Commission Group number in the
following sequence, Group I, II, Ill, IV, V, and VI.
Based on this direction, the next Vice-Mayor Group is Group IV. The term for the next Vice-
Mayor is March 1, 2013 through June 30, 2013. Commissioner Jonah Wolfson (Group IV) is
next in the rotation to serve as Vice-Mayor.
KGB/REGe
T.\AGENDA\2013\February 6\Vice-Mayor\vice-mayor.cm.doc
165
RESOLUTION NO. ____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ELECTING COMMISSIONER JONAH WOLFSON,
GROUP IV, AS VICE-MAYOR FOR A TERM COMMENCING ON MARCH 1, 2013,
AND TERMINATING ON JUNE 30, 2013, OR ON SUCH DATE WHEN A NEW
VICE-MAYOR IS THEREAFTER ELECTED.
WHEREAS, the Mayor and City Commission established a policy of rotating the position of
Vice-Mayor every four months; and
WHEREAS, for the term commencing on March 1, 2013 and terminating on June 30,2013,
the Mayor and City Commission herein elect Commissioner Jonah Wolfson as Vice-Mayor.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that Commissioner Jonah Wolfson is hereby elected
as Vice-Mayor of the City of Miami Beach, Florida, for a term commencing on March 1, 2013, and
terminating on June 30, 2013, or on such date when a new Vice Mayor is thereafter elected.
PASSED and ADOPTED THIS 6th day of February 2013.
ATTEST:
RAFAEL E. GRANADO,
CITY CLERK
T:\AGENDA\2013\February 6\Vice-Mayor\vice-mayor-RES.doc
166
MATTI HERRERA BOWER,
MAYOR
APPROVED AS TO
FORM & LANGUAGE
,--F'1A EXECUTION
G_;>Jti "( ney '~ J h~}
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167
COMMISSION ITEM SUMMARY
Reappointment of Abraham Laeser, Esq., as Chief Special Master for a term commencing on March 15, 2013 and
endin onSe tember14,2013.
Key Intended Outcome Supported:
Increase resident satisfaction with level of code enforcement.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Community Satisfaction Survey, 61%
of residents thought the City's code enforcement efforts were about right, while 21% felt the City did not do enough to
enforce codes.
Item Summary/Recommendation:
On the determination of City Attorney Jose Smith that Abraham Laeser, Esq. possesses the knowledge, skills and
attributes to perform as Chief Special Master, and my concurrence with such determination, I am recommending
Abraham Laeser, Esq. as Chief Special Master. Attached are two Resolutions providing for the reappointment by the
City Commission of Mr. Laeser. The first Resolution reappoints Mr. Laeser as Chief Special Master for Code
Enforcement violations under Chapter 30 of the City Code; the second Resolution reappoints Mr. Laeser to hear appeals
from citations and violations or denials, suspensions, and revocations of business tax receipts, certificates of use and
permits pursuant to Chapter 102 of the City Code. Language has been added to the Resolutions prohibiting the Chief
Special Master and each Special Master from engaging in practice where he/she represents a client in a manner
adverse to the interests of the City of Miami Beach, and from lobbying the City during his/her service with the City.
Mr. Laeser brings to the City of Miami Beach and the Special Master Program 36 years of experience as an Assistant
State Attorney, where he served as Senior Trial Counsel until he retired in April 2009. Mr. Laeser is a long time resident
of Miarni Beach, and is active in the community.
Since Mr. Laeser's last appointment as Chief Special Master on September 12, 2012, Interim City Manager Kathie G.
Brooks, City Attorney Jose Smith, City Clerk Rafael E. Granado and Chief Special Master Abraham Laeser have met to
on numerous occasions to discuss the implementation of improvements to the Special Master process. To date, the
following improvements have been implemented:
1. In order to reduce the waiting times for the public, a staggered scheduling system has been put into practice, where
hearings are scheduled at 9:00a.m.; 10:00 a.m.; 11:00 a.m., 2:00p.m.; 3:00p.m., 4:00p.m. and 6:00p.m.
2. In 2013, there are five months that have five Thursdays. Historically, the City has not schedule hearing on the fifth
Thursday. In 2013, the City will hold an additional hearing in three of these five months. By adding these three
additional hearing dates to the calendar, we anticipate reducing the caseloads.
3. In order to diminish staff errors and develop efficiencies, the City Clerk has instituted regular meeting with his
Department and Building, Code and Fire Inspectors to discuss Special Master matters.
Adviso Board Recommendation:
Oversight Committee for the City Attorne-y's Office (August 22, 2:G12) -consensus was reached by the parties to I
L reappoint Chief Special M?,~ter Laese.r:_f..Qr six months. --· ··---· _
Financial Information·
,-----.---------------------,-·--::·-----,--.,-----:--! Source of I Amount Approved
Funds: \,\ / 1 1 $250.00/hour-Maximum of $1,250 per
il . . t·· j hearing. Estimated for remainder of FY
cr-~ ~j 12/13-$16,250.
OBPI Lrotal_j_~~~.250.00 ··
··-,·------!
------
Financial Impact Summary:
r·ty Clerk'~ Offi£~ Legi!:~lative !_ra_c_k_in_,g..._: _____________ _
I E. Granado, City Clerk
·-·---···-----, ______ _j L__ ______________________ __
Si n-Offs:
REG
MIAMI BEACH
i I KGB
cial Master Item Summary.doc
168
AGENDA tT EM _..::c..;::...:J:::-=-....,.c_..,---
DATE z.-1:>-I!>-
(9 MIAMI 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
FROMo Kathie G. Brooks, Interim City Manager .• ~ ~ .
Jose Smith, City Attorney
DATE: February 6, 2013
SUBJECT: REAPPOINTMENT OF CHIEF SPECIAL MASTER
1. A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO SECTION 30~36 OF THE CODE OF THE CITY OF
MIAMI BEACH, CONCERNING THE REAPPOINTMENT OF ABRAHAM
LAESER, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM
COMMENCING ON MARCH 15, 2013 AND ENDING ON SEPTEMBER 14, 2013;
PROVIDED FURTHER THAT CHIEF SPECIAL MASTER LAESER SHALL BE
AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND
OTHER NON-CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY
AND COUNTY CODES AND ORDINANCES, AND SHALL ALSO BE
AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY
REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS;
AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH
WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT
LIMITATION, SECTIONS 30-37 AND 30~38 THEREOF, CONCERNING THE
COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER.
2. A RESOLUTION APPROVING AND APPOINTING, PURSUANT TO SECTION
102-356 OF THE CITY CODE, ABRAHAM LAESER, ESQ. (CHIEF SPECIAL
MASTER APPOINTED PURSUANT TO RESOLUTION NO. ),
AS THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102-356 OF THE
CITY CODE; SAID DESIGNATION COMMENCING WITH LAESER'S TERM AS
CHIEF SPECIAL MASTER ON MARCH 15, 2013 AND ENDING ON
SEPTEMBER 14, 2013.
ADMINISTRATION RECOMMENDATION
Adopt the Resolutions.
ANALYSIS
On the determination of City Attorney Jose Smith that Abraham Laeser, Esq. possesses the
knowledge, skills and attributes to perform as Chief Special Master, and my concurrence with
such determination, I am recommending Abraham Laeser, Esq. as Chief Special Master.
169
Attached are two Resolutions providing for the reappointment by the City Commission of Mr.
Laeser. The first Resolution reappoints Mr. Laeser as Chief Special Master for Code
Enforcement violations under Chapter 30 of the City Code; the second Resolution reappoints
Mr. Laeser to hear appeals from citations and violations or denials, suspensions, and
revocations of business tax receipts, certificates of use and permits pursuant to Chapter 102 of
the City Code. Language has been added to the Resolutions prohibiting the Chief Special
Master and each Special Master from engaging in practice where he/she represents a client in a
manner adverse to the interests of the City of Miami Beach, and from lobbying the City during
his/her service with the City.
Mr. Laeser brings to the City of Miami Beach and the Special Master Program 36 years of
experience as an Assistant State Attorney, where he served as Senior Trial Counsel until he
retired in April 2009. Mr. Laeser is a long time resident of Miami Beach, and is active in the
community. He served the City with distinction as a member of the Miami Beach Charter Review
Committee.
In 1999, Mr. Laeser received the William S. Scurr Award for career dedication to prosecution. In
1996, he received the Eugene Berry Award for Exemplary Career Service, and in 1996 and
2003, he received the Distinguished Faculty Award. Since 1997, Mr. Laeser has been an
Adjunct Professor in Trial Advocacy at the University of Miami.
Since Mr. Laeser's last appointment as Chief Special Master on September 12, 2012, Interim
City Manager Kathie G. Brooks, City Attorney Jose Smith, City Clerk Rafael E. Granado and
Chief Special Master Abraham Laeser have met on numerous occassions to discuss the
implementation of improvements to the Special Master process. To date, the following
improvements have been implemented:
1. In order to reduce the waiting times for the public, a staggered scheduling system has been
put into practice, where hearings are scheduled at 9:00 a.m.; 10:00 a.m.; 11:00 a.m., 2:00
p.m.; 3:00p.m., 4:00p.m. and 6:00p.m.
2. In 2013, there are five months that have five Thursdays. Historically, the City has not
schedule hearing on the fifth Thursday. In 2013, the City will hold an additional hearing in
three of these five months. By adding these three additional hearing dates to the calendar,
we anticipate reducing the caseloads.
3. In order to diminish staff errors and develop efficiencies, the City Clerk has instituted regular
meeting with his Department and Building, Code and Fire Inspectors to discuss Special
Master matters.
Statistics
1. Since September 12, 2012, no Special Master hearing has ended past 7:55 p.m. The
hearings have concluded as follows:
September 13, 2012
September 20, 2012
September 27, 2012
October 4, 2012
October 11, 2012
October 18, 2012
October 25, 2012
November 1, 2012
7:31 p.m.
6:51 p.m.
7:30p.m.
7:07p.m.
7:30p.m.
4:56p.m.
7:30p.m.
7:37p.m.
170
November 8, 2012
November 15, 2012
November 29, 2012
December 6, 2012
December 13, 2012
December 20, 2012
January 3, 2013
January 10, 2013
January 17,2013
7:52p.m.
6:48p.m.
5:23p.m.
7:55p.m.
6:48p.m.
4:17p.m.
7:19p.m.
7:20p.m.
4:49p.m.
Please note that the days during which the sessions ended after 6:00 p.m. were all dates
with night sessions, which commence at 6:00 p.m. Similarly, the day sessions ended no
later than 5:23 p.m.
2. The Office of the City Clerk has received neither formal complaints nor "in-house"
complaints against the Chief Special or the Special Masters since the reappointment of
Abraham Laeser, Esq. as Chief Special Master on September 12, 2012.
CONCLUSION
Mr. Laeser has the knowledge, demeanor, skills and abilities, to perform as Chief Special
Master. He will serve this City with honor and distinction, and his appointment will best serve the
interests of the City. As such, the subject Resolutions should be adopted.
KGB/JS/reg ~~/
l //
T:\AGENDA\2013\Fe . ry 6\Chief Special Master\CHIEF SPECIAL MASTER MEMO.doc
171
RESOLUTION NO.-------
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE
CITY OF MIAMI BEACH, CONCERNING THE REAPPOINTMENT OF
ABRAHAM LAESER, ESQ., TO SERVE AS CHIEF SPECIAL MASTER,
FOR A TERM COMMENCING ON MARCH 15, 2013 AND ENDING ON
SEPTEMBER 14, 2013; PROVIDED FURTHER THAT CHIEF SPECIAL
MASTER LAESER SHALL BE AUTHORIZED TO HOLD HEARINGS
AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL
PENALTIES AGAINST VIOLATORS OF THE CITY AND COUNTY
CODES AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO
APPOINT SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY
BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS; AND
FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH
WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT
LIMITATION, SECTIONS 30-37 AND 30-38 THEREOF, CONCERNING
THE COMPENSATION AND DUTIES OF THE CHIEF SPECIAL
MASTER.
WHEREAS, Section 30-2 of the Code of the City of Miami Beach provides for an
alternative code enforcement system wherein Special Masters are authorized to hold
hearings and impose fines, liens and other non-criminal penalties against violators of
City and County Codes and Ordinances; and
WHEREAS, Section 30-36 of the City Code, entitled "Appointment of Chief
Special Master," provides for the appointment of a Chief Special Master to fulfill the
above referenced duties; and
WHEREAS, pursuant to Section 30-36 of the City Code, appointment of the
Chief Special Master is established upon the City Commission's acceptance, by a
majority vote, of the recommendation for appointment by the City Manager; and
WHEREAS, the City Manager hereby recommends reappointment of Abraham
Laeser, Esq., as Chief Special Master for the City of Miami Beach, for a term
commencing on March 15,2013, and ending on September 14, 2013; and
WHEREAS, all other matters set forth within Chapter 30 of the City Code,
including, without limitation, Sections 30-37 and 30-38 regarding compensation and
duties of the Chief Special Master, shall continue to apply and remain in full force and
effect; and
WHEREAS, the Chief Special Master and each Special Master, shall be
prohibited from engaging in practice where he/she represents a client in a manner
adverse to the interests of the City of Miami Beach, and shall further be prohibited from
lobbying the City during his/her service with the City.
172
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 accept the recommendation of the City Manager, pursuant to
Section 30-36 of the Code of the City of Miami Beach, concerning the reappointment of
Abraham Laeser, Esq., to serve as Chief Special Master, for a term commencing on
March 15, 2013 and ending on September 14, 2013; provided further that, as Chief
Special Master, Mr. Laeser shall be authorized to hold hearings and impose fines, liens
and other non-criminal penalties against violators of City and County Codes and
Ordinances, and shall also be authorized to appoint such other Special Masters as may
reasonably be required to conduct the subject hearings; and further incorporating all
other matters set forth within Chapter 30 of the City Code including, without limitation,
Sections 30-37 and 30-38 thereof, concerning the compensation of the Chief Special
Master.
PASSED and ADOPTED this 61h day of February 2013.
ATTEST:
RAFAEL E. GRANADO,
CITY CLERK
MATTI HERRERA BOWER,
MAYOR
T:\AGENDA \20 13\Fcbruary 6\Chief Special Master\Chief Special Master Resolution Chapter 30.doc
173
RESOLUTION NO.-------
A RESOLUTION APPROVING AND APPOINTING, PURSUANT TO SECTION
102-356 OF THE CITY CODE, ABRAHAM LAESER, ESQ. (CHIEF SPECIAL
MASTER APPOINTED PURSUANT TO RESOLUTION NO. ), AS
THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102-356 OF THE
CITY CODE; SAID DESIGNATION COMMENCING WITH MR. LAESER'S
TERM AS CHIEF SPECIAL MASTER ON MARCH 15, 2013 AND ENDING ON
SEPTEMBER 14,2013.
WHEREAS, pursuant to the Section 30-36 of the Code of the City of Miami Beach, upon
prior recommendation of the City Manager, the City Commission, by a majority vote, may
appoint a Chief Special Master, who shall be authorized to hold hearings and impose fines,
liens, and other non-criminal penalties against violations of City Ordinances; and
WHEREAS, at its regular meeting on February 6, 2012, the Mayor and City Commission
adopted Resolution No. , appointing Abraham Laeser, Esq., as Chief Special
Master, for a term commencing on March 15, 2013 and ending on September 14, 2013; and
WHEREAS, pursuant to Section 102-356, the City Manager may also approve a
"designee," who shall be authorized to hear appeals from citations for violations of City and
County Codes and Ordinances and to conduct hearings regarding denials, suspensions and
revocations of business tax receipts, certificates of use and permits, as provided by the City
Code, and who shall also be authorized to appoint such other Special Masters as may
reasonably be required to conduct such hearings pursuant to City Ordinances; and
WHEREAS, accordingly, the City Manager hereby recommends Mr. Laeser to serve as
the City Manager's "designee," for a six (6) month term commencing on March 15, 2013, and
ending on September 14, 2013; and
WHEREAS, the Chief Special Master (including, as in the instant Resolution, where the
Chief Special Master is acting in his capacity as the City Manager's "designee" under Section
102-356 of the City Code), shall be prohibited from engaging in practice where he/she
represents a client in a manner adverse to the interests of the City of Miami Beach, and shall
further be prohibited from lobbying the City during his/her service with the City.
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 approve and appoint, pursuant to Section 102-356 of the City Code,
Abraham Laeser, Esq., (Chief Special Master appointed pursuant to Resolution No.
______ ), as the City Manager's "designee" under Section 102-356 of the City Code;
said designation commencing with Mr. Laeser's term as Chief Special Master on March 15,
2013 and ending on September 14, 2013.
PASSED and ADOPTED this 6th day of February 2013.
ATTEST:
RAFAEL E. GRANADO,
CITY CLERK
MATTI HERRERA BOWER,
MAYOR
T:\AGENDA 1201 3\February 6\Chief Special Mastcr\Chicf Spec1al Master Resolution Chapter 102. c
174
APPROVED AS TO
FORr,/i & LAJ\lGUAGE
8, FOR EXECUTION /3 ..
ity \!iff!-F~kL
THIS PAGE INTENTIONALLY LEFT BLANK
175
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution accepting the recommendation of the finance and citywide projects committee not to pursue naming rights
for ublicl owned facilities and arks and to further research the develo ment of a Miami Beach arks foundation.
Key Intended Outcome Supported:
Ensure well-maintained facilities and Increase satisfaction with family recreational activities.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
The City has been involved in efforts to maximize its strong brand presence by partnering with corporate entities in a
manner that generates good publicity and marketing for the City, while at the same time generating revenue or providing
savings to the City. The City's municipal marketing (also known as "corporate sponsorship") consultant, The Superlative
Group (TSG), has identified priorities for their efforts, while other activities have been identified to be pursued internally
with the City's Development Coordinator.
TSG explained that they initiated discussions with a large corporate entity interested in partnering with the City on
naming rights for South Pointe Park, at the Finance and Citywide Projects Committee (FCWPC) on July 26, 2012. At
that time, this anonymous company proposed to support the City of Miami Beach by enhancing and updating South
Pointe Park. It was further explained that the anonymous company stated would support the City to offer an enjoyable,
inclusive and accessible experience that will strengthen awareness and reinforce the core values of the City of Miami
Beach and that of the brand.
The terms presented at that time included a $4 million cash contribution over 20 years, or $200,000 annually, with a
potential additional contribution toward the maintenance of the park. The Committee recommended TSG negotiate
further with the anonymous company and return to the FCWPC. The Committee also stated that the $200,000 annually
was not sufficient and TSG should negotiate additional annual support to offset the City's annual maintenance costs.
The anonymous company was subsequently identified to be Carnival Corp. The concept was later presented to the
South of Fifth Neighborhoods Association (SOFNA) and Miami Beach United. Both organizations passed similar
motions against selling public land for naming rights or using public land for commercial purposes. SOFNA also stated
the city should instead consider forming a park conservancy. On August 30, 2012, TSG advised the City that Carnival
Corp withdrew their proposal and was no longer interested in pursuing naming rights for South Pointe Park.
The Parks and Recreation Department has begun researching the option of establishing a foundation or a conservancy
that would be dedicated to augmenting the funding sources now supporting the City's parks and recreation system.
Initial research has indicated that both entities are developed as 501 (c) (3) public~private partnership with the primary
purpose of generating financial support for a parks and recreation system. A parks foundation may be expansive in its
funding support of a parks and recreation conservancy system. An example is the Miami~Dade Park and Recreation
Department Foundation. As in contrast to the Central Park Conservancy, that invests its efforts solely in New York's
Central Park.
The Administration recommends adopting the Resolution.
Advisory Board Recommendation:
The Finance and Citywide Projects Committee met on November 9, 2012 and discussed this item. The Committee
recommended not moving forward with naming rights for public parks or public facilities and to look into the
Conservancy concept to restore, manage and enhance the Parks in partnership with the public, for the enjoyment of
present and future generations.
Financial Information:
Source of Amount
Funds: 1
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Max Sklar, Acting Assistant City Manager
Sign-Offs:
Department Director
T:\AGENDA\2013\February 6\Film and Print Guidelines Amendment
MIAMI BEACH 176
Account
City Manager
KGB
AGENDA ITEM c 7 D
DATE z_..-,,.../3
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, wvt:\:\'.,miarniP~flchfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Honorable Mayor and Members of the City Co{i;?m
Kathie G. Brooks, Interim City Manage/~~ '
February 6, 2013
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND
CITYWIDE PROJECTS COMMITTEE NOT TO PURSUE NAMING RIGHTS FOR
PUBLICLY OWNED FACILITIES AND PARKS AND TO FURTHER RESEARCH THE
DEVELOPMENT OF A MIAMI BEACH PARKS FOUNDATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure well-maintained facilities.
Increase satisfaction with family recreational activities.
BACKGROUND:
As you are aware, the City has been involved in efforts to maximize its strong brand presence by
partnering with corporate entities in a manner that generates good publicity and marketing for the
City, while at the same time generating revenue or providing savings to the City. The City's
municipal marketing (also known as "corporate sponsorship") consultant, The Superlative Group
(TSG), has identified priorities for their efforts, while other activities have been identified to be
pursued internally with the City's Development Coordinator. The City's Development Coordinator
serves as the contract support staff for TSG.
Efforts have focused on identifying potential municipal marketing partners and opportunities for
partnership, and reaching out to these potential partners to gauge interest. The current economic
conditions have impacted the marketing budgets for many large corporations with histories of
engaging in these types of partnerships; municipal marketing efforts are funded principally from
marketing budgets, as they serve the primary purpose of promoting the corporation's brand and/or
product. Not surprisingly, corporate marketing budgets have been impacted and are often the first
affected when cost-cutting measures are initiated. While we continued to pursue various efforts in
municipal marketing, as you know, we made considerable progress in the area of an
Exclusive/Official citywide beverage partner, resulting in the ten-year exclusive, non-alcoholic
beverage sponsorship with Coca-Cola Refreshments.
This was first presented to the Finance and Citywide Projects Committee (FCWPC) at its July 26,
2012 meeting. TSG explained that they initiated discussions with a large corporate entity
interested in partnering with the City on naming rights for South Pointe Park. At that time, this
anonymous company proposed to support the City of Miami Beach by enhancing and updating
South Pointe Park. It was further explained that the anonymous company stated would support
177
February 6, 2013
City Commission Meeting
Accepting Recommendation of FCWPC-Naming Rights
Page 2 of 2
the City to offer an enjoyable, inclusive and accessible experience that will strengthen awareness
and reinforce the core values of the City of Miami Beach and that of the brand.
The terms presented at that time included a $4 million cash contribution over 20 years, or
$200,000 annually, with a potential additional contribution toward the maintenance of the park. The
Committee recommended TSG negotiate further with the anonymous company and return to the
FCWPC. The Committee also stated that the $200,000 annually was not sufficient and TSG
should negotiate additional annual support to offset the City's annual maintenance costs. The
anonymous company was subsequently identified to be Carnival Corp.
The concept was later presented to the South of Fifth Neighborhoods Association (SOFNA) and
Miami Beach United. Both organizations passed similar motions against selling public land for
naming rights or using public land for commercial purposes. SOFNA also stated the city should
instead consider forming a park conservancy.
On August 30, 2012, TSG advised the City that Carnival Corp withdrew their proposal and was no
longer interested in pursuing naming rights for South Pointe Park.
The Parks and Recreation Department has begun researching the option of establishing a
foundation or a conservancy that would be dedicated to augmenting the funding sources now
supporting the City's parks and recreation system.
Initial research has indicated that both entities are developed as 501 (c) (3) public-private
partnership with the primary purpose of generating financial support for a parks and recreation
system. A parks foundation may be expansive in its funding support of a parks and recreation
conservancy system. An example is the Miami-Dade Park and Recreation Department Foundation.
As in contrast to the Central Park Conservancy, that invests its efforts solely in New York's Central
Park.
FINANCE AND CITYWIDE PROJECTS COMMITTEE
The Finance and Citywide Projects Committee met on November 9, 2012 and discussed this item.
The Committee recommended not moving forward with naming rights for public parks or public
facilities and to look into the Conservancy concept to restore, manage and enhance the Parks in
partnership with the public, for the enjoyment of present and future generations.
CONCLUSION:
The Administration recommends adopting the recommendation of the Finance and Citywide
Projects Committee.
T:\AGENDA\2013\February 6\FCWPC Referral Memo re TSG Renewal.doc
178
RESOLUTION TO BE SUBMITTED
179
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution accepting the recommendation of the Neighborhood/Community Affairs Committee
(NCAC) at its December 17, 2012 meeting to place a plaque honoring Rose Weiss near the flag
pole located on at the north side entrance to City Hall.
Key Intended Outcome Supported:
N/A
Supporting Data (Surveys, Environmental Scan, etc.):
N/A
Item Summary/Recommendation:
A request to reinstall a plaque honoring Rose Weiss in Washington Park was made by a resident
on May 8, 2012. It was stated that Washington Avenue Park was named after Rose Weiss and
that a bronze plaque was placed on the recreation building located in the park but at some point
was removed and never replaced.
The Administration researched the matter and found that the City Commission adopted
Resolution No. 75-14749 on June 18, 1975, renaming the City's Friendship Corner No.2, located
at Second Street and Washington Avenue, "Rose Weiss Park" in honor of Mrs. Rose Weiss.
Additional research found a photo-copy of photograph taken of the Weiss family in September of
1975 dedicating Rose Weiss Park located at the NE corner of Washington Avenue and 2nd
Avenue, called the Friendship Corner on building that has since been demolished by the City.
In speaking with the Weiss family spokesperson the City explained that a plaque in Ms. Weiss'
honor could be reinstalled in the Washington Avenue Park, which had since been reconstructed
as the Washington Avenue dog park. However, if the family wanted to have the plaque placed in
an alternate location, then it would have to follow the code-required process. The family
spokesman stated the Weiss family would like to see a plaque in honor of Rose Weiss at City
Hall.
The request to refer a discussion related to the placement of a plaque honoring Rose Weiss to
the Neighborhood/Community Affairs Committee was made at the July 18, 2012 Commission
meeting. The issue was subsequently discussed at the NCAC meeting on December 17, 2012.
Following the discussion by the Committee a motion was made and approved recommending a
plaque honoring Rose Weiss be placed by the City Hall flag pole.
The Administration recommends adopting this Resolution.
Advisory Board Recommendation:
Financial Information:
Source of Amount
Funds: 1
I I
2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
n-Offs:
Department Director
MIAMI BEACH 180
Account
City Manager
KGB
AGENDA ITEM __;:;G=-l,.:_:-E_
DATE ___:::2-......:"ft;~,.L...:o/ 3~
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM, Kathie G. Brooks, Interim City Manager~~!-'
DATE: February 6, 2013
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS
DECEMBER 17, 2012 MEETING TO PLACE A PLAQUE HONORING ROSE
WEISS NEAR THE FLAG POLE LOCATED AT THE NORTH SIDE
ENTRANCE TO CITY HALL
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
KEY INTENDED OUTCOME SUPPORTED
N/A
BACKGROUND
A request to reinstall a plaque honoring Rose Weiss in the park currently known as
Washington Park, located at 2nd Street and Washington Avenue was made on May 8,
2012 by Mr. Aristotle Ares, a resident of Miami Beach and the retired Assistant Director
of the City's Public Works Department. Mr. Aries stated the Washington Avenue Park
was in fact named after Rose Weiss and that a bronze plaque was placed on the
recreation building located in the park but at some point was removed and never
replaced.
The Administration researched the matter and found that the City Commission adopted
Resolution No. 75-14749 on June 18, 1975, renaming the City's Friendship Corner No.
2, located at Second Street and Washington Avenue, "Rose Weiss Park" in honor of
Mrs. Rose Weiss. Additional research found a photo-copy of photograph taken of the
Weiss family in September of 1975 dedicating Rose Weiss Park located at the NE
corner of Washington Avenue and 2nd Avenue, called the Friendship Corner on a
building that has since been demolished by the City.
In June of 2012 Dr. Abraham D. Lavender, Professor of Sociology at Florida
International University sent an email to Ms. Lynn Bernstein of the City Administration
providing substantial background and history of Rose Weiss and the plaque honoring
her.
181
Commission Memorandum
February 6, 2013
NCAC recommendation -Placement of a plaque honoring Rose Weiss at City Hall
Page 2 of 3
There were a number email exchanges with the Administration and Professor Lavender
concerning the City Commission resolution renaming the City's Friendship Corner No. 2
after Ms. Weiss. The City explained that if it was the desire of the Weiss family, a plaque
in Ms. Weiss' honor could be reinstalled in Washington Avenue Park. It was also stated
that the park had since been reconstructed as the Washington Avenue dog park;
however, if the family wanted to have the plaque placed in an alternate location, then it
would have to follow the code-required process. Ms. Bernstein then spoke with Wolf
Feld the nephew of Rose Weiss and a former City of Miami Beach employee. Mr. Feld
said he was speaking for the family and that they were not supportive of having the
plaque in the dog park. They would like to see a plaque in honor of Rose Weiss at City
Hall.
ANALYSIS
The request to refer a discussion related to the placement of a plaque honoring Rose
Weiss to the Neighborhood/Community Affairs Committee was made by Commissioner
Jorge R. Exposito and the City Commission at the July 18, 2012 Commission meeting.
As requested the Administration prepared and submitted a memorandum for discussion
that was included in the Neighborhood/Community Affairs Committee's December 17,
2012 agenda.
Following the Administration's presentation of the issue and a discussion by the
Committee (Commissioners Exposito and Libbin present) a motion was made and
approved recommending a plaque honoring Rose Weiss be placed by the City Hall flag
pole. Please see the site layout on the following page indicating the approximate location
the plaque would be installed.
Mr. Ares was subsequently advised of the NCAC recommendation and sent the attached
letter urging the City to place the plaque at the entrance to the City Commission
Chamber.
CONCLUSION
The Administration recommends that the Mayor and Members of the City Commission
adopt the attached resolution accepting the recommendation of the
Neighborhood/Community Affairs Committee at its December 17, 2012 meeting to place
a plaque honoring Rose Weiss near the flag pole located on at the north side entrance to
City Hall.
KGB/MAS/KS
Attachment
T:\AGENDA\2013\February 6\Comm. Memo. Accepting NCAC recommendation -Plaque Honoring Rose
Weiss -City Hall.doc
182
Commission Memorandum
February 6, 2013
NCAC recommendation -Placement of a plaque honoring Rose Weiss at City Hall
Page 3 of 3
POTENTIAL LOCATION FOR ROSE WEISS PLAQUE
183
----------------·----------------·-· -~-f~I\/A'i 1'i JA"'-VM\"( ,CO\;)
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~~6~ i Wi\,S AS:YL f'~B. WK5·~-')If). A"L ':~~~'{ ~r1LL RVf~10RS C.lf,CU'vA[6V A..Z~~~-----·~--
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~(Ytl~!~ G CAfll~ Of ll.
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184
RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE AT ITS DECEMBER 17, 2012 MEETING TO
PLACE A PLAQUE HONORING ROSE WEISS NEAR THE FLAG
POLE LOCATED AT THE NORTH ENTRANCE TO CITY HALL.
WHEREAS, a written request to reinstall a plaque honoring Rose Weiss in the park
currently known as Washington Park, located at 2nd Street and Washington Avenue, was made
on May 8, 2012 by Mr. Aristotle Ares, a resident of Miami Beach and the retired Assistant
Director of the City's Public Works Department; and
WHEREAS, in his written correspondence, Mr. Ares stated that the Washington Avenue
Park was, in fact, named after Rose Weiss and that a bronze plaque was placed on the
recreation building located in the Park but, at some point, was removed and never replaced; and
WHEREAS, a referral of a discussion related to the placement of a plaque honoring
Rose Weiss to the Neighborhood/Community Affairs Committee was made by Commissioner
Jorge R. Exposito and approved by the City Commission at the July 18, 2012 Commission
meeting; and
WHEREAS, as requested, the Administration prepared and submitted a memorandum
for discussion regarding this matter that was included in the Neighborhood/Community Affairs
Committee's December 17, 2012 agenda; and
WHEREAS, following the Administration's presentation of the issue and a discussion by
the Committee, a motion was made and approved recommending a plaque honoring Rose
Weiss be placed by the City Hall flag pole. (Please see the attached Exhibit indicating the
approximate location where the plaque would be installed).
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accept the
recommendation of the Neighborhood/Community Affairs Committee at its December 17, 2012
meeting to place a plaque honoring Rose Weiss near the flag pole located at the north entrance
to City Hall.
PASSED and ADOPTED this ____ day of February, 2013.
ATTEST:
RAFAEL GRANADO, CITY CLERK
MA TTl HERRERA BOWER
MAYOR
T:\AGENDA\2013\February 6\Reso. Accepting NCAC recommendation -Plaque -Rose Weiss -City Hail.doc
APPROVED AS TO
/~zg· FO.·RM. & LANGUAGE
\ / ' ' ( ~~~ION.
185·-. · -M~:" /~ .. ~" . ~ Ul_~bz
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting An
Amended And Restated Grant Of Easement From La Gorce Country Club, Inc. As Set Forth In
Resolution Number 2009-26995 For The Construction, Installation, Maintenance, Repair, And
Replacement Of City Utilities.
Ke Intended Outcome Su orted;
MaintaJn City's infrastructure --------------------· . ______ _J
Supporting Data (Surveys, Environmental Scan, etc.):
I The Customer Satisfaction Survey indicated that 60% of residents rated utility pipes in good condition
Item Summa /Recommendation:
On January 28, 2009, the Miami Beach City Commission unanimously passed its Resolution No.
2009-26995 approving and accepting a Settlement Agreement in Frank Otero and Jeffrey Gibbs vs.
City of Miami Beach, La Gorce Country Club and DM Fence Corp., 11th Jud. Cir. Ct., Case No.: 05-
17754 CA 30; this lawsuit was filed by two lot owners abutting the La Gorce Country Club who sought
various forms of relief including a declaration of boundary/title with regard to the street-ends running
perpendicular to the boundaries of the La Gorce Golf Course, said street-ends bordering easterly of
Alton Road and located at West 52nd Street, West 53rd Street, West 54th Street, West 56th Street, West
sih Street, West 58th Street, West 59 1h Street, and West 60th Street, as well as those street-ends
bordering westerly on La Gorce Drive and located at West 58th Street, West 59th Street, West 60th
Street and West 61 st Street. The Settlement Agreement provided for La Gorce Country Club to
partially vacate West 5ih Street easterly of Alton Road and reserve to the City a perpetual easement
for utilities.
The City and La Gorce Country Club determined that the easement was insufficient and not conducive
to access for maintenance of a sanitary sewer. Thus, the City and La Gorce Country Club agreed to
amend the easement area. The amended easement will consist of the original easement area, which
is approximately 2,321 square feet, and additional easement areas, which is approximately 636
square feet
The amended easement will benefit the City by facilitating access to its buried assets within the limits
of said easement. For the consideration of ten dollars ($10.00), Grantor has agreed to execute this
amended and restated grant of easement.
THE CITY ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1
I I 2 -OBPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
FHB/RWS, Public Works 6565 -----------------------------~
n-Offs:
Department Direc or nager
FHB ·~~~----~---------~~~~-------
MlAMfBEACH 186
AGENDA ITEM -"'-t_7"--'F,___
DATE k""brJ3
m MIAMI BEACH
City of Miami Beach, 1700 Corwention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Member~ ofp City Commission
Kathie Brooks, City Manager ;1" A/ ·
February 6, 2013
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING AN AMENDED AND RESTATED GRANT
OF EASEMENT FROM LA GORCE COUNTRY CLUB, INC. AS SET FORTH IN
RESOLUTION NUMBER 2009-26995 FOR THE CONSTRUCTION, INSTALLATION,
MAINTENANCE, REPAIR, AND REPLACEMENT OF CITY UTILITIES.
ADMINISTRATION RECOMMENDATION
The City Administration recommends approval of the Resolution.
BACKGROUND
On January 28, 2009, the Miami Beach City Commission unanimously passed its Resolution
No. 2009-26995 approving and accepting a Settlement Agreement in Frank Otero and Jeffrey
Gibbs vs. City of Miami Beach, La Gorce Country Club and OM Fence Corp., 11 1h Jud. Cir. Ct.,
Case No.: 05-17754 CA 30; this lawsuit was filed by two owners of lots abutting the La Gorce
Country Club who sought various forms of relief including a declaration of boundary/title with
regard to the street-ends running perpendicular to the boundaries of the La Gorce Golf Course,
said street-ends bordering easterly of Alton Road and located at West 52nct Street, West 53rct
Street, West 54th Street, West 56 1h Street, West 5th Street, West 58 1h Street, West 59th Street,
and West 601h Street, as well as those street-ends bordering westerly on La Gorce Drive and
located at West 58 1h Street, West 59 1h Street, West 60th Street and West 61 st Street. The
Settlement Agreement provided for La Gorce Country Club to partially vacate West 5th Street
easterly of Alton Road and reserve to the City a perpetual easement for utilities.
ANALYSIS
The City and La Gorce Country Club determined that the easement was insufficient and not
conducive to access for maintenance of a sanitary sewer. Thus, the City and La Gorce Country
Club agreed to amend the easement area. The amended easement will consist of the original
easement area, which is approximately 2321 square feet (Exhibit A), and additional easement
areas (Exhibit 8), which is approximately 636 square feet.
The amended easement will benefit the City by facilitating access to its buried assets within the
limits of said easement. For the consideration of ten dollars ($10.00), Grantor has agreed to
execute this amended and restated grant of easement.
187
City Commission Memorandum
La Gorce Country Club • Amended Easement
February 6, 2013
Page 2 of 2
CONCLUSION
The City Administration recommends approval of the Resolution.
Attachment:
A. Exhibit "A" Easement Area (Existing)
B. Exhibit "B" Additional Easement Areas (Proposed)
JGG/FHB/JJF/RWS/DEF
T:IAGENDA\2013\February 6\La Gorce Amended and Restated Grant of Easement. MEMO.docx
188
0 20 40 1--1 .... 1
SCALE
1" = 40'
LEGAL DESCRIPTION:
Attachment H
SKJi)1l~C:mt ~0 ACCOM~Aiti"'I''I.'!JSGAI!t DmSCRJJ:P!'I,flll:QR'
for
LA GORCE COUNTRY CLUB, Inc.
EXHIBIT"B"
p o.c. POINT OF COMMENCEMENT
POINT OF BEGINNING
PG.
SEC.
R.O.W
R
L
PAGE
SECTION
RIGHT OF WAY
RADIUS
CENTRAL ANGLE
ARC LENGTH
10' UTILITY EASEMENT No.3
P.O. B.
P.O.T.
p c.
P.T.
PB.
POINT OF TERMINATION
POINT OF CURVATURE
POINT OF TANGENCY
PLAT BOOK TAN = TANGENT
\
A portion of Lot 1, Block 11 and a portion of Lot 9, Block 9 and a portion of a 25 foot strip of land lying between the Northeasterly
Line of said lots and the Southwesterly Line of La Gorce Golf Course and between the Northwesterly prolongation of the Northeasterly Line
of said lot 1, Block 11 and the Southeasterly prolongation of the Northeasterly Line of said Lot 9, Block 9 and the Southwesterly Line of
La Gorce Golf Course, of "LAGORCE GOLF SUBDIVISION", according to the plat thereof, as recorded in Plot Book 14, at Page 43 of the
Public Records of Miami-Dade County, being more particularly described os follows:
BEGIN at the Northeasterly Corner of said Lot 9, Block 9; thence N57'55'18"E along the Northeasterly prolongation of the Northwesterly
Line of said Lot 9, Block 9, for 5.00 feet; thence S32'36'36"E for 95.80 feet to a point on the Northeasterly prolongation of the
centerline of West 57th Street; thence S32'35'53"E for 166.43 feet to a point on the Northeasterly prolongation of the Southeasterly Line
of said Lot 1, Block 11; thence S57'24'07"W along said Northeasterly prolongation of the Southeasterly Line of said Lot 1, Block 11 for
10.00 feet; thence N32'35'53"W along a line parallel with and 5.00 feet Southwesterly of the Northeasterly Line of said Lot 1, Block 11
for 136,43 feet to a point of the Northwesterly Line of said Lot 1, Block 11; thence N57'23'50"E along said Northwesterly Line of said Lot
1, Block 11 for 5.00 feet to the Northeasterly Corner of said Lot 1, Block 11; thence N32'35'53"W along the Northwesterly prolongation of
the Northeasterly Line of said lot 1, Block 11 for 30.00 feet; thence N32'36' 36"W along the Southeasterly prolongation of the
Northeasterly Line of said Lot 9, Block 9 for 30.00 feet to the Southeasterly Corner of said Lot 9, Block 9; thence S57'23'50"W along
the Southeasterly Line of said Lot 9, Block 9 for 5.00 feet; thence N32'36'36"W along a line parallel with and 5.00 feet Southwesterly of
the Northeasterly Line of said Lot 9, Block 9 for 65.72 feet to a point on the Northwesterly Line of said Lot 9, Block 9; thence
N57'55'18"E along said Northwesterly Line of said Lot 9, Block 9 for 5.00 feet to the Point of Beginning.
Containing 2,321 Square Feet, more or less, by calculations.
NOTICE: Not full and complete without all pages. Total of Two (2) Pages
189
Job No. 11 321
Page 1 of 2
7/L:')/2')12 R ,~7 35 >\~A ~·JT
LEGEND
p o.c.
P.O.B.
P.O T.
P.C.
P.T.
PB.
PG.
SEC.
ROW.
R
6
L
TAN
'h ·o.
POINT OF COMMENCEMENT
POINT OF BEGINNING
POINT OF TERMINATION
POINT OF CURVATURE
POINT OF TANGE~ICY
PLAT BOOK
PAGE
SECTiON
RIGHT OF WAY
RADIUS
CENTRAL ANGLE
ARC LENGTH
TANGENT
LEGAL DESCRIPTION:
1 0' UTILITY EASEMENT No.2
Attachment B
A portion of Lot 9, Block 9 and a portion of a 25 foot strip of land lying between
the Northeasterly Line of said Lot 9, Block 9 and the Southwesterly Line of La Gorce
Golf Course, of "LAGORCE GOLF SUBDIVISION", according to the plot thereof, as
recorded in Plat Book 14-, at Page 4-3 of the Public Records of Miami-Dade County,
being more particularly described as follows:
COMMENCE at the Southeasterly Corner of said Lot 9, Block 9; thence S57'23'50"W
along the Southwesterly Line of said Lot 9, Block 9, for 6.13 feet to the POINT OF
BEGINNING of a 10 Foot Wide Utility Easement, lying 5 feet on each side of the
following described centerline (shortening or extending the side lines thereof, so as to
create a continuous strip of land); thence N22'21'36"W for 34-.4-3 feet to a point on
the Northeasterly Line of said Lot 9, Block 9; said point also being the Point of
Termination of a 10 Foot Wide Utility Easement.
Containing 34-4-Square Feet, more or less, by calculations.
A portion of Lot 1, Block 11 and a portion of a 25 foot strip of land lying between the Northeasterly line of said Lot 1, Block 11 and
the Southwesterly Line of La Gorce Golf Course, of "LAGORCE GOLF SUBDIVISION", according to the plot thereof, as recorded in Plat Book
14-, at Page 4-3 of the Public Records of Miami-Dade County, being more particularly described as follows:
COMMENCE at the Northeasterly Corner of said Lot 1, Block 11; thence S57'23'50"W along the Northwesterly Line of said Lot 1, Block 11,
for 9.70 feet to the POINT OF BEGINNING of a 10 Foot Wide Utility Easement, lying 5 feet on each side of the following described
centerline (shortening or extending the side lines thereof, so as to create a continuous strip of land); thence S51 '58'13"E for 29.24-feet
to a point on the Northeasterly Line of said Lot 1, Block 11; said point also being the Point of Termination of a 10 Foot Wide Utility
Easement.
Containing 292 Square Feet, more or less, by calculations.
NOTICE: Not full and complete without all pages. Total of Two (2) Pages
190
Job No. 11321
Page 1 of 2
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING AN AMENDED AND RESTATED
GRANT OF EASEMENT FROM LA GORCE COUNTRY CLUB, INC., AS SET
FORTH IN RESOLUTION NUMBER 2009-26995 FOR THE CONSTRUCTION,
INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF CITY
UTILITIES.
WHEREAS, La Gorce County Club (Grantor) and the City were parties to a lawsuit
entitled Frank Otero and Jeffrey Gibbs vs. City of Miam Beach, La Gorce County Club and OM
Fence Corp; and
WHEREAS, the settlement agreement to that lawsuit provided for the Grantor, as more
particularly set forth in City of Miami Beach Resolution Number 2009-26995, approved January
28, 2009, to partially vacate West 5yth Street, easterly of Alton Road and reserve to the City a
perpetual easement for utilities; and
WHEREAS, Grantor granted the City an easement dated March 18, 2009, recorded
March 20, 2009, in Official Records Book 26795, at Page 4130 of the Public Records of Miami-
Dade County, Florida; and
WHEREAS, the intent of the easement was for the operation and maintenance of
utilities; and
WHEREAS, the easement is approximately 2,321 square feet; and
WHEREAS, Grantor and the City have determined that the easement area is insufficient;
therefore, should be amended to include additional area; and
WHEREAS, for good and valuable consideration, Grantor has agreed to grant the City
an amended and restated non-exclusive easement for the operation and maintenance of its
utilities; and
WHEREAS, the additional easement area is approximately 636 square feet.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby,
accept an amended and restated Grant of Easement from La Gorce Country Club, Inc., as
attached to the Commission Memorandum, for the construction, installation, maintenance,
repair, and replacement of City utilities.
PASSED AND ADOPTED this 6th day of February, 2013.
ATTEST:
Matti Herrera Bower, Mayor
J I·.HL, ~
T:\AGENDA\2013\February 6\La Gorce Amended and Restated Grant of Easement-RESO rev.docx
191
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution accepting the City Manager's recommendation, and approving the Cultural Arts Council's
funding recommendations, awarding $30,000 in cultural grants known as the Miami Beach Arts Gala
Grants, for fiscal year 2012/13, as identified in the attached Exhibit "A"; and further authorizing the Mayor
and City Clerk to execute said grant agreements, and make the award of said grant monies.
Key Intended Outcome Supported:
Increase community ratings of cultural activities.
Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Community Satisfaction Survey
reported two out of three residents (67%) believed the City offered the right amount of cultural
activities, while 27% said there were too few. In 2005, 34% of residents thought there were too few
cultural activities, and in 2009 the figure decreased to 24%. Residents of North Beach (30%) and
South Pointe (31%) were more likely to say there were too few cultural activities.
Issue:
Shall the City accept the recommendations of the City Manager and the CAC and award $30,000 in
cultural rants to the six or anizations listed in Exhibit "A"?
Item Summary/Recommendation:
The 2012 Miami Beach Arts Gala (Gala) was replaced by the Stepping Out for the Arts Luncheon, held
October 18, 2012 with the purpose of raising funds to be administered by the Miami Beach Cultural Arts
Council (CAC) as an additional cultural grants program known as the Miami Beach Arts Gala Grants. The
Miami Beach Arts Trust, a private, not-for-profit Florida Corporation, served as fiscal agent for the Gala.
The Gala raised $30,000 to be used for a dedicated cultural grants program known as the Miami Beach
Arts Gala Grants. Resolution No. 2012-28065 was passed on November 14,2012, accepting the donation
and appropriating the funds for the grant program.
Qualified 501 (c)(3) organizations with annual budgets less than $350,000 could apply for minimum grant
awards of $5,000 for projects and programs occurring within the current fiscal year. There is no matching
fund requirement. In place of a formal application, interested organizations were invited to submit a 150-
word summary of the proposed project, along with proof of valid 501 (c)(3) status via e-mail. The CAC
recommended awarding grants to six (6) organizations for a total of $30,000.
The Miami Beach Arts Gala Grants are administered by the Cultural Arts Council in a manner consistent
with the City's established policies and procedures.
It is recommended the Mayor and City Commission approve the resolution.
The Miami Beach Cultural Arts Council approved the grants at its meeting on January 3, 2013.
Financial Information:
Source of Amount J5und7 1 $30,000
OBPI -"-r«>tal
Financial Impact Summary: N/A
islative Trackin
Department Director
MIAMI BEACH
199-6888-000343
192
Account
anager
AGENDA ITEM
DATE
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Bower and Members of the City Co;m:JPn
Kathie G. Brooks, Interim City Manage~o/A /
February 6, 2013 ·
A RESOLUTION ACCEPTING THE CITY MANAGER'S RECOMMENDATION,
AND APPROVING THE CULTURAL ARTS COUNCIL'S FUNDING
RECOMMENDATIONS, AWARDING $30,000 IN CULTURAL GRANTS KNOWN
AS MIAMI BEACH ARTS GALA GRANTS, FOR FISCAL YEAR 2012/13, AS
IDENTIFIED IN THE ATTACHED EXHIBIT "An; AND FURTHER AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE SAID GRANT AGREEMENTS,
AND MAKE THE AWARD OF SAID GRANT MONIES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
Increase community ratings of cultural activities.
FUNDING
Funding is available from the donation to the City of the proceeds of the Stepping Out for the
Arts Luncheon in the amount of $30,000.
BACKGROUND
The 2010 Miami Beach Arts Gala (Gala) was held on October 23, 2010 in the Miami Beach
Convention Center. A private event spearheaded by Commissioner Jerry Libbin, its stated
purpose was to raise funds to be administered by the Miami Beach Cultural Arts Council (CAC)
as an additional cultural grants program to be known as the Miami Beach Arts Gala Grants.
The Miami Beach Arts Trust, a private, not-for-profit Florida Corporation, served as fiscal agent
for the Gala. The Gala raised $65,782. Pursuant to a discussion between the Administration
and the Chairperson of the 2011 Arts Gala, Ray Breslin, it was suggested that $3,282 be held in
escrow as seed funding for the 2011 Gala. Therefore, $62,500 was donated to the City for a
new dedicated cultural grants program to be known as the Miami Beach Arts Gala Grants.
Resolution No. 2010-27552 was passed on November 17, 2010, accepting the donation and
appropriating the funds for the new grant program.
As outlined by Commissioner Libbin and the Arts Gala Committee, the Miami Beach Arts Gala
Grants will support cultural programs and projects in the City of Miami Beach, with an emphasis
on providing aid to neighborhood arts groups, and on increasing access to the arts for Miami
Beach residents and visitors. Qualified 501 (c)(3) organizations with annual budgets less than
193
Page 2 of 2
Arts Gala Grant Awards
$350,000 could apply for minimum grant awards of $5,000 for projects and programs occurring
within the current fiscal year. There is no matching fund requirement. In place of a formal
application, interested organizations were invited to submit a 150-word summary of the
proposed project, along with proof of valid 501 {c)(3) status via e-mail. The CAC reviewed all 38
qualifying submissions at its regular meeting on December 7, 2010, and selected 18 finalists to
submit full applications for staff review. Cultural Affairs Program staff received and vetted 13
applications. At its regular meeting on January 6, 2011, the CAC recommended making grants
to ten (1 0) organizations for a total of $62,500.
The second Miami Beach Arts Gala was held on October 11, 2011, resulting in a donation to the
City of $20,000 for the Arts Gala Grants program. Out of 17 applicants, five were selected for
funding.
On October 18, 2012, the "Stepping Out for the Arts" luncheon was held in place of the Arts
Gala. The Miami Beach Arts Trust collaborated with the Arts and Business Council of Miami to
produce the event, which raised $30,000 to continue the Arts Gala Grants program.
The Cultural Arts Council reviewed 15 proposals at its regular meeting on December 11, 2012,
and selected seven finalists. At its regular meeting on January 3, 2013, the CAC recommended
funding for six organizations as outlined in the attached Exhibit "A". Two of those organizations,
Next@191h and Miami Piano Circle, have never before received grants from the City.
CONCLUSION
The projects and organizations proposed for funding in FY 12/13 will provide a wide variety of
programming that will benefit our residents, as well as promote our City as a cultural destination.
It is recommended that the Mayor and City Commission adopt the City Administration's
proposed cultural grants, as detailed above and as reflected in Exhibit "A", titled "City
Administration Recommendation."
KGB/MAS/GF/MH
194
1.
2.
3.
4.
5.
6.
EXHIBIT "A"
Miami Beach Arts Gala Grants
Fiscal Year 2012/13
Organization
DANCE NOW! MIAMI
Dances in the Miami Beach Botanical Garden (free)
EDGE ZONES
2nd Annual Miami Performance International Festival
(free)
FUNDarte
"Out in the Tropics" contemporary performing arts
Series at the Colony Theatre
MIAMI PIANO CIRCLE
"Piano & Popcorn in the Parks" (free)
NEXT@ 19TH
"Accordion Invasion" (free)
SOUTH BEACH CHAMBER ENSEMBLE
"Fantasma" a puppet musical (free)
TOTAL
195
City Administration
Recommendation
$3,000
$7,500
$5,000
$5,000
$3,500
$6,000
$30,000
RESOLUTION NO.------
A RESOLUTION ACCEPTING THE CITY MANAGER'S RECOMMENDATION,
AND APPROVING THE CULTURAL ARTS COUNCIL'S FUNDING
RECOMMENDATIONS, AWARDING $30,000 IN CULTURAL GRANTS KNOWN
AS MIAMI BEACH ARTS GALA GRANTS, FOR FISCAL YEAR 2012/13, AS
IDENTIFIED IN THE ATTACHED EXHIBIT ~'A"; AND FURTHER AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE SAID GRANT AGREEMENTS,
AND MAKE THE AWARD OF SAID GRANT MONIES.
WHEREAS, on October 18, 2012, the first "Stepping Out for the Arts" luncheon was held
in Miami as a substitute for the Miami Beach Arts Gala held the previous two years; and
WHEREAS, the stated purpose of said luncheon was to raise funds (to be administered
by the Cultural Arts Council) for an additional City cultural grants program, to be known as the
Miami Beach Arts Gala Grants; and
WHEREAS, the Miami Beach Arts Trust, a private, not-for-profit Florida Corporation
serves as the fiscal agent for the luncheon; and
WHEREAS, Resolution No. 2012-28065 was passed on November 14, 2012, accepting a
donation from the Miami Beach Arts Trust in the amount of $30,000, resulting from the proceeds of
said luncheon; and further appropriating said funds for the creation of a dedicated cultural grants
program to be administered by the CAC in accordance with the City's established policies and
procedures for the review and award of cultural arts grants; and
WHEREAS, from November 2012 through January 2013, the City's Cultural Affairs staff and
CAC conducted its application and review process for Fiscal Year 2012/13 Miami Beach Arts Gala
Grants; and
WHEREAS, grants panelists, comprised of the CAC members, evaluated 15 preliminary
funding requests and requested 7 finalists to submit funding applications, of which 7 complete
applications subsequently were submitted to, and reviewed by, the staff and CAC, requesting a total
of $43,650; and
WHEREAS, the CAC, at its regular meeting on January 3, 2013, unanimously recommended
6 of the 7 applicants be awarded Miami Beach Arts Gala grants for Fiscal Year 2012/13 as more
specifically identified in Exhibit "A", attached hereto; and
WHEREAS, the City Manager has reviewed the recommendations and concurs with same.
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 accept the City
Manager's recommendations and hereby approves the award of $30,000 in Miami Beach Arts Gala
grants for Fiscal Year 2012/13, as identified in the attached Exhibit "A" titled, "City Administration
Recommendation"; and further authorize the Mayor and City Clerk to execute said Grant
Agreements, and award said grant monies.
PASSED and ADOPTED THIS ____ day of _______ 2013.
ATTEST:
CITY CLERK
196
THIS PAGE INTENTIONALLY LEFT BLANK
197
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The Finance And Citywide Projects Committee, Approving A Month-To-Month Extension,
Retroactive To January 1, 2013, For A Voluntary Employee Loan Program, Through The BMG Money Loans-
At-Work Program, To Make Available Loans To Interested Active Employees Of The City Of Miami Beach; With
A Discussion Item Referred To The Finance and Citywide Projects Committee To Explore What Potential Loan
Alternatives May Be Available.
Key Intended Outcome Supported:
Attract and maintain a quality workforce.
Supporting Data (Surveys, Environmental Scan, etc.):N/A
Item Summary/Recommendation:
The BMG Money Loans-At-Work program provides a voluntary payroll deduction loan program to employees
through a non-traditional, unsecured loan to cover unexpected financial emergencies, with repayment provided
through payroll deduction. This program was provided to employees on a one-year trial basis that ended on
December 31, 2012. At the December 11, 2012 Commission Meeting, the Administration recommended the
BMG Loans-At-Work program be extended for one month, from December 31, 2012 to January 31, 2013,
giving the City Commission the opportunity to review the activity which occurred during the twelve (12) month
trial period and make their determination to either continue offering the program or terminate the program. The
Administration further recommended that the item be referred to the Finance and Citywide Projects Committee
for their recommendation either to continue the current program or to issue a Request for Proposal, exploring
what loan options may be available at lower interest rates. After their discussion, the City Commission agreed
to discontinue the program effective December 31 , 2012.
Due to feedback provided to the City Commission members by employees and the Communications Workers
of America (CWA) and Fraternal Order of Police (FOP), the item was referred to the FCWPC for discussion
during their January 24, 2013 meeting.
The FCWPC discussed the BMG Money Loans-At-Work program during their January 24, 2013 meeting. In
their discussion, both Commissioner Weithorn and Commissioner Exposito repeated their initial concern over
the interest rates charged, indicating that the interest costs were high. However, after discussion with
representatives from the BMG Money Loans-At-Work Program highlighting that unlike credit cards, which
compound interest and retire principal over many years, the BMG Money Loans-At-Work loans are structured
much better for the borrower using simple, non-compounding interest charges on the loan, with payments that
retire principal quickly for a maximum period of two (2) years.
With this information, the members of the Finance and Citywide Projects Committee recommended that the
BMG Money Loans-At-Work program be extended on a month-to-month basis, with a discussion item to be
referred to the Finance and Citywide Projects Committee to explore what potential loan alternatives may be
available.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of ·Amount
Funds: .1 N/A
I I
2
3
OBPI Total
Financial Impact Summary: There is no financial impact to the City.
Ctty Clerk's Off1ce Legislative Trackmg:
J Sue Radig, HR Administrator I, Employee Benefits
Assistant City Manager
MiAMI BEACH 198
Account
AGENDA tTEM _c_l_H...:___
DATE 2-"-13
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISION MEMORAMDUM
Mayor Matti Herrera Bower and Members of the City Commission
Kathie Brooks, Interim City Manager ;f'A /--•
February 6, 2013
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION
OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, APPROVING
A MONTH-TO-MONTH EXTENSION, RETROACTIVE TO JANUARY 1, 2013,
FOR A VOLUNTARY EMPLOYEE LOAN PROGRAM, THROUGH THE BMG
MONEY LOANS-AT-WORK PROGRAM, TO MAKE AVAILABLE LOANS TO
INTERESTED ACTIVE EMPLOYEES OF THE CITY OF MIAMI BEACH; WITH
A DISCUSSION ITEM REFERRED TO THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE TO EXPLORE WHAT POTENTIAL LOAN
ALTERNATIVES MAY BE AVAILABLE.
BACKGROUND
By way of background, this item was originally referred to and discussed at the June 23,
2011 Finance and Citywide Projects Committee (FCWPC) meeting. At that time, the
FCWPC opted not to move forward with offering this payroll deduction loan program to
City employees. Subsequently, the FCWPC Chair asked that this item be placed on the
October 27, 2011 FCWPC agenda for further discussion. Upon recommendation of the
FCWPC, the BMG Loans-At-Work Program was implemented for a one-year trial basis
for the time period of January 1, 2012 through December 31, 2012. During the
December 12, 2012 City Commission meeting, the City Commission rejected a
resolution to renew the BMG Loans-At-Work Agreement for a one (1) month period
further rejecting referring the renewal of the Agreement versus issuance of a new
Request for Proposals (RFP) to the Finance and Citywide Projects Committee.
Subsequently, a referral was made during the January 16, 2013 City Commission
meeting to the FCWPC. A discussion item was heard at the January 24, 2013 FCWPC
meeting. The Committee recommended executing a new Agreement with BMG Loans
on a month-to-month basis, subject to Commission approval.
BMG Money offers all active full-time employees voluntary employee emergency loans
through a program called Loans-At-Work. This program provides employees the
opportunity to obtain the credit they may need to cover unexpected or emergency
expenses. The BMG Money Loans-At-Work program provides employees who have little
or no credit the ability to receive small, unsecured loans for emergencies, such as
medical bills, home and vehicle repair, or any other emergency. These loans are based
on the employee's take home pay and their ability to repay. If the employee meets the
loan qualifications, the funds are distributed directly to the employee and the employer is
notified of the new loan and the need to begin payroll deductions for repayment of the
loan. Should BMG Money Loans-At-Work deny the loan, the employee is provided credit
counseling to determine their actual loan needs, if any, and to educate them on the
199
BMG Money Loans-at-Work Program
February 6, 2013
Page 2 of 4
proper use of credit. Should the employee default on the loan as they had either
cancelled their payroll contribution or left the employment of the City, BMG Money would
be responsible to collect any outstanding loan balance directly from the employee. The
City would not have any responsibility at all in collecting any delinquent loan balances or
held liable in any way.
The City has one option for employees who may need an emergency loan that can then
be paid off through payroll deductions. This option however is only available for those
employees who have a voluntary deferred compensation account through either ICMA~
RC or Nationwide (the City's vendors who provide voluntary supplemental retirement
accounts to our employees). Loans between $1,000 and 50% of the employee's vested
account balance, up to a maximum of $50,000 are available. The maximum term for a
general purpose loan is five (5) years from the date the employee receives the loan
amount. Loan repayments consist of principal and interest. Interest is based on the
current Treasury lending rate at the time the loan is disbursed. Employees may only
apply for one loan per year.
City employees who are members of the Dade County Federal Credit Union are able to
apply for loans that are then paid off through payroll deductions (although these loans
tend not to be emergency loans but, rather, auto loans, home equity loans, mortgages,
etc.).
The Loans-At~Work program is a direct-to-consumer loan, designed for employees who
do not have access to traditional credit options, such as banks, credit unions, credit
cards, deferred compensation and/or retirement accounts. These loans are unsecured
and based on the following: (1) employee's employment; (2) employee's bi-weekly net
take-home pay; and (3) the ability for the employee to repay the loan. Although the
program does not verify the employee's credit, it does however provide the opportunity
to build good credit, as the loans are reported to the credit reporting agencies when paid
off. If the employee separates from City employment, that employee is fully responsible
for the full repayment of the loan with the City bearing no responsibility or liability at all
for the repayment or collection of the outstanding loan.
Through the BMG Money Loans-At-Work program, an employee:
• May borrow up to 20% of their net take-home pay (minimum of $500 to a maximum
of $5,000) with interest computed daily and based on the amount of the loan (interest
ranges from 23.75% to 29.75%);
• Loans are based solely on the employee's take home pay and ability to repay and
are not subject to a credit worthiness;
• Pays a $25 loan application fee (per loan);
• Selects their repayment period, at either 6, 12, 18 or 24 months; and
• Can pre-pay the outstanding loan amount at any time without penalty.
The only responsibility of the City is for the Human Resources Department to provide
BMG a data file of active City employees, including the name, address and salary of the
employees; create the appropriate payroll deduction code in EDEN (the City's payroll
system) for any approved loans; and collect and wire the bi-weekly payroll loan
payments to BMG Money. At present, the City incurs the current SunTrust Bank wire fee
of $5 for each wire sent. BMG Money has agreed to pay the cost of the wire transfer.
The BMG Loans-At-Work program is currently offered to the following public employers:
200
BMG Money Loans-at-Work Program
February 6, 2013
Page 3 of 4
• City of Dora I
• City of Hialeah
• City of Hialeah Gardens
• Jacksonville Transportation Authority
• Leon County Schools
• Palm Beach County Clerk & Comptroller
• Palm Beach County Tax Collector
• Town of Surfside
• City of Sweetwater
• City of Fort Lauderdale
During the October 27, 2011 FCWPC meeting, the members questioned if the City
provided the program to its employees, was there an option to negotiate the rates to
something lower than the 23.75% to 29.75% rate currently charged. BMG Money
indicated that the rates charged were already lower than those charged for short-term
loans by other providers, and they would not be able to provide the service at a lower
rate. In 2011, and again in November 2012, the Administration did verify that this type of
loan program is not available in the commercial loan market or through payday loan
locations. The FCWPC members asked that this item be discussed at the next City
Commission meeting, with the recommendation that if the program was approved, it
would be for a trial period of twelve (12) months beginning January 1, 2012 through
December 31, 2012. The item was placed on the December 12, 2011 Commission
Agenda. After discussion, the members of the Commission agreed with the FCWPC
recommendation and the BMG Money Loans-At-Work program was implemented on a
one year trial basis.
For the period beginning January 1, 2012 and ending December 31, 2012, the City's trial
period for the BMG Loans-At-Work program, one hundred thirty five (135) City
employees utilized the emergency loan services. BMG has issued two hundred thirty
eight (238) loans totaling $514,890. Of this total loan number, one hundred sixty eight
(168) were new loans and seventy (70) were loans that employees have refinanced,
requesting an increase in the amount of their initial loan request. For new loans, five (5)
loans were financed for a period of six (6) months, three (3) were financed for a period of
twelve (12) months, ten (1 0) were financed for a period of eighteen (18) months, and
one hundred six (1 06) were financed for twenty-four (24) months. Of the forty-two (42)
refinanced loans, thirty-two (32) were for increases in the loan amount and ten ( 1 0) were
to increase the repayment period in order to spread the repayment out over a longer
period. One (1) loan has been paid off to date.
At the December 11, 2012 Commission Meeting, the Administration recommended the
BMG Loans-At-Work program be extended for one month, from December 31, 2012 to
January 31, 2013, providing the City Commission the opportunity to review the activity
which occurred during the twelve (12) month trial period and make their determination to
either continue offering the program or terminate the program. The Administration
further recommended that the item be referred to the Finance and Citywide Projects
Committee for their recommendation either to continue the current program or to issue a
Request for Proposal, exploring what loan options may be available at lower interest
rates. After their discussion, the City Commission agreed to discontinue the program
effective December 31, 2012.
Subsequent feedback provided to some members the City Commission by employees
and the Communications Workers of America (CWA) and Fraternal Order of Police
201
BMG Money Loans-at-Work Program
February 6, 2013
Page 4 of 4
(FOP) (copies of the letters from these to unions are in Attachment A), the item was
referred to the FCWPC once again for their discussion during the January 24, 2013
meeting.
In their discussion at the January 24, 2013 FCWPC meeting, both Commissioner
Weithorn and Commissioner Exposito repeated their initial concern over the interest
rates charged, indicating that the interest costs were high. However, after discussion
with representatives from the BMG Money Loans-At-Work Program highlighting that
unlike credit cards, which compound interest and retire principal over many years, the
BMG Money Loans-At-Work loans are structured much better for the borrower using
simple, non-compounding interest charges on the loan, with payments that retire
principal quickly as the maximum repayment period for a loan is two (2) years. For
example, an employee who borrows $1,000 through the program for a period of one (1)
year, with an interest rate of 29.75% would pay a total cost of $191 in interest (plus a
$25.00 application fee). Since the loan charges simple interest, the interest charged is
reduced with each loan repayment, thus resulting in the employee's cost to borrow being
well below the stated rates.
CONCLUSION
The Administration supports the FCWPC recommendation to extend the BMG Money
Loans-At-Work program on a month-to-month basis with a discussion item being to the
Finance and Citywide Projects Committee for their exploration of other loan alternatives
that may be available.
KGB/CMG/s~
T:\AGENDA\2013\February 6\BMG Money Loans-At-Work Memo.docx
202
ATTACHMENT A
Support Letters from
Communication Workers of America (CWA)
Fraternal Order of Police (FOP)
203
COMMUNICATIONS WORKERS Of AMERICA
lOCAl 3178 -MIAMI BEACH
Afl·CIO • CLC
7455 Co!Hns Ave., Suite 212
Miami Beech. FL 33!41
(.305) 401-0927
cwo:! l7.S.P"re~idenfitqn!niLc<)tl""l
Dear Mayor Bower and Members of the City Commission:
I am writing this fetter to support the irnmediate reinstatement of the
BMG Money Loans at Work Program. Recently, a number of our members
complained that the program was no longer available. After investigating why,
I learned that it was due to concerns about the interest rate and repayment
terms.
To understand the loan program, I met with the company's Chief
Operating Officer, Tom McCormick, and Chief Executive Officer, Marion
Mathes. It was explained to me that the interest rate is comparable to credit
card cash advance rates and even some credit card purchase rates, and that
the repayment terms ensure that the loan will be paid off in a pre-determined
period of time {like an installment loan). Although I was skeptical at first, I am
now comfortable supporting the program and confident that it is a benefit to
our members.
The BMG Money loan at Work Program can be a lifeline to our
members when they need it most and have nowhere else to turn. Accordingly,
I respectfully urge you to take the necessary action to reinstate this program
as expeditiously as possible.
204
Sincerely
Richard D. McKinnon
President of CWA Local 3178
Oil'<tt~ ""''~"'~'"<:~'
tt:t '"'ntl
Th~-of ~t '\fJcork P~'tUgr~m is in thf,j-t~5t intere$t of OL~
o!'t)ff~~'"'£,, ;;·or i'ht; vc~ ~(j tw~~ th¥t:
rr;<:~k;j ~t;I'J' pre>grarn C7ty a:;,
205
RESOLUTION TO BE SUBMITTED
206
THIS PAGE INTENTIONALLY LEFT BLANK
207
'--'--'1Vl1Vll.).)ll....ll 'i II LIV\ vUIVliV\~" I
Condensed Title:
A Resolution Authorizing: 1) An Amendment to the NSP1 Agreement between the City and the State of Florida Department of Economic
Opportunity (DEO) and the related Agreement between the City and Miami Beach Community Development Corporation (MBCDC) to extend
the expiration date of both agreements to August 15, 2013; 2) to authorize the City Manager to execute such amendments and any
subsequently approved extensions by US HUD or DEO.
Key Intended Outcome Supported:
Increase access to workforce or affordable housing.
Supporting Data (Surveys, Environmental Scan, etc.): Based on the Strategic Plan 2011 Update, the number of affordable housing units is
4,743.
Issue:
Shall the City approve amendments extending the expiration dates of the NSP1-related contracts with the State DEO and MBCDC from
Februa 15, 2013, to Au ust 15, 2013, in order to continue monitorin of the NSP 1 activities, lease-u vacant units, and close-out the rant.
Item Summary/Recommendation:
The U.S. Housing and Economic Recovery Act of 2008 created the Neighborhood Stabilization Program (NSP1}, which directed HUD to
allocate $3.93 billion to states and units of local government as emergency assistance for the purchase and redevelopment of abandoned
and foreclosed homes. Miami Beach applied for NSP1 funds for the purchase and rehabilitation of one or more multi-family buildings to be
kept as rental properties to benefit income-qualified households in accordance with the NSP1 regulations and was awarded a total of
$9,305,268 through an initial allocation plus two subsequent allocations. The State DEO is the pass-through entity handling HUD's NSP1
allocation to the City of Miami Beach. The initial allocation to the City in the amount of $2,549,441 was formula-based. The second and third
allocations in the amounts of $4,755,717 and $2,000,000, respectively, were awarded to Miami Beach after the original recipients, Apopka
and Clearwater, failed to meet the program's benchmarks, while the City of Miami Beach consistently demonstrated above-average
performance.
The City entered into a grant agreement with the State, and after conducting a procurement process for award of the first allocation, entered
into a related agreement with MBCDC. Both Agreements were subsequently amended to accept and govern the second and third allocations
of funding. Both Agreements currently expire on February 15, 2013. From each of the three allocations, totaling $9,305,268, the City was
allowed to use a maximum of 6.8% for administrative expenses. Therefore, a total of $632,758 was allocated for administration expenses and
$8,672,510 for NSP1 project development. Three foreclosed buildings were acquired by MBCDC pursuant to the NSP1 guidelines and they
are all substantially complete. The Madeleine, a 16-unit building located at 7871 Crespi Blvd., received a CO on October 11, 2012; The
Neptune, a 35-unit building located at 1632 Meridian Avenue, received a CO on November 15, 2012; and The Lottie a nine-unit building
located at 530 75 Street, is expected to receive a C.O. within the next week. To date, 39 of the 60 units are occupied.
Since the NSP1 grant's agreements were scheduled to expire on February 15, 2013, the Administration did not anticipate expending any
NSP1 administrative funds after February 15, 2013. Instead, general funds were budgeted for administrative expenses for the continued
monitoring and close-out of the grant. However, the State DEO has now asked the City to extend the time of the agreements to comply with
NPS1 close-out instructions because the City, like 75% of the other entitlement communities in Florida, have not yet met the HUD National
Objective, which is to have 100% occupancy of the NSP1-funded homes. Therefore, the Administration recommends extension of both
contracts, which will enable the City to continue to expend available NSP1 grant administrative funds until the new expiration date of the
contracts. Currently, the grant's administrative expenses are averaging $11 ,882 per month. Therefore, an additional $71,292 will be
available over the proposed additional six month term. Concurrently, MBCDC will be provided additional time to achieve 100% occupancy of
the NSP1-funded homes.
Furthermore, it is recommended that the City Manager be authorized to execute any subsequent amendments related to extension of time.
Advisory Board Recommendation:
I N/A
Financial Information·
Source of Funds:
1
I NSP I 2
OBPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
Anna Parekh ext 7260
Sign-Offs:
MlAMIBEACH
Amount Account
208
Approved
AGENDA ITEM --=;:C;__77--I=--
DATE 2.-b-J S
lrl MIAMI 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: Kathie Brooks, Acting City Manager /-?4-~ .
DATE: February 6, 2013
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
FOLLOWING ACTIONS WITH REGARD TO THE CITY'S NEIGHBORHOOD
STABILIZATION PROGRAM 1 (NSP1) AGREEMENTS: 1) APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT
NUMBER 5 TO THE SUBGRANT AGREEMENT BETWEEN THE STATE OF
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) AND THE
CITY, MODIFYING THE EXPIRATION DATE OF THE SUBGRANT
AGREEMENT FROM FEBRUARY 15, 2013, TO AUGUST 15, 2013; 2)
APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AMENDMENT NO. 9 TO THE NSP1 AGREEMENT BETWEEN THE
CITY AND MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
(MBCDC) DATED JANUARY 21, 2010, MODIFYING THE EXPIRATION DATE
OF SUCH AGREEMENT FROM FEBRUARY 15, 2013 TO AUGUST 15, 2013;
AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH
AMENDMENTS AND ANY SUBSEQUENTLY APPROVED EXTENSIONS BY
US HUD OR DEO.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On July 31, 2008, the United States Congress enacted the Housing and Economic Recovery Act
of 2008, thereby creating the Neighborhood Stabilization Program, which directed the Department
of Housing and Urban Development (HUD) to allocate $3.93 billion to states and units of local
government as emergency assistance for the purchase and redevelopment of abandoned and
foreclosed homes. Resolution No. 2009-27039 was adopted by the City Commission on March
18, 2009, approving the City's application for and planned use of NSP1 funds for the purchase
and rehabilitation of one or more multi-family buildings to be kept as rental properties to benefit
income-qualified households in accordance with the NSP1 regulations, with an end goal of
stabilizing neighborhoods impacted by foreclosures.
The City of Miami Beach was awarded a total of $9,305,268 in NSP1 funds through an initial
allocation plus two subsequent allocations. The State's Department of Community Affairs (DCA),
now known as the Department of Economic Opportunity (DEO), is the pass-through entity
administering HUD's NSP1 allocation to the City of Miami Beach. The initial allocation to the City
in the amount of $2,549,441 was formula-based. The second and third allocations in the
amounts of $4,755,717 and $2,000,000, respectively, were awarded to Miami Beach after the
original recipients, Apopka and Clearwater, failed to meet the program's benchmarks, while the
City of Miami Beach consistently demonstrated above-average performance.
209
NSP 1 Agreement Amendments
0210612013
Page 2 of 3
On September 9, 2009, the City approved Resolution No. 2009-27175 authorizing the execution
of the Federally-funded Subgrant Agreement with DCA ("State Agreement"). The initial allocation
was $2,549,551. After the Administration conducted a duly-noticed procurement process for
award of the first allocation, the City Commission approved on September 9, 2009, Resolution
No. 2009-27194 authorizing the execution of an Agreement with Miami Beach Community
Development Corporation to carry out the City's planned use of, and application for, NSP1 funds
("MBCDC Agreement"). The initial strategy was to fund the acquisition and rehabilitation of one
affordable housing project. MBCDC identified the 16-unit building located at 7871 Crespi Blvd.,
which was later named The Madeleine.
On February 3, 2010, the MBCDC Agreement was amended per Resolution No. 2010-27335,
which was adopted on February 3, 2010, to allow for the allocation of additional NSP1 funds
received by the City. The additional acquisition and rehabilitation funds resulting from the second
and third allocations were authorized for the acquisition and rehabilitation of The Neptune, a 35-
unit foreclosed apartment building located at 1632 Meridian Avenue; and The Lottie, a nine-unit
foreclosed apartment building which contains large apartments and is suitable for families,
located at 530 75 Street. With the additional funding, a total of 60 units were purchased to be
rehabilitated for income-eligible Miami Beach residents.
The State Agreement for the first allocation was subsequently amended to include the two
additional allocations in the amounts of $4,755,717 and $2,000,000 which were awarded on
March 24, 2010, and July 30, 2010, respectively. From each of the allocations, now totaling
$9,305,268, the City was allowed to use a maximum of 6.8% for administrative expenses.
Therefore, a total of $632,758 was allocated for administration expenses and $8,672,510 for
NSP1 project development.
The three NSP1-funded buildings are substantially complete. The Madeleine, 7871 Crespi Blvd.,
received a Certificate of Occupancy (CO) on October 11, 2012. To date, three out of 16 units are
occupied. The Neptune, 1632 Meridian Avenue, received a CO on November 15, 2012. To date,
33 out of 35 units are occupied. The Lottie, 530 75 Street, received a TCO on November 21,
2012 and is expected to receive a CO by February, 2013. To date, three out of nine units at the
Lottie are occupied.
On June 27, 2010, MBCDC placed ads in The Miami Herald, El Nuevo Herald, and in The New
Times requesting applications from eligible residents for the upcoming affordable housing rental
units. MBCDC received more than 2,000 applications, of which 1,652 were deemed eligible. On
April 19, 2011, a lottery was conducted and a waiting list was compiled for follow-up. As the
projects were completed, MBCDC staff called and notified every applicant on the list of the
available units on hand. To date, 39 out of 60 units are occupied.
The City's NSP1 grant agreements with the State DEO and with MBCDC were set to expire on
November 23, 2012. The Administration therefore budgeted general funds for administrative
expenses for the continued monitoring and close-out of the grant. Based on recommendations
from the State DEO, at that time the Administration recommended reprogramming of the
remaining unspent administrative funds to reduce the debt service at the Neptune Apartments,
which would result in a proportionate rent reduction to the upcoming tenants. The proposed plan
of the unspent administrative funds was approved by the State DEO staff. The Administration
presented an analysis of the recommended use of the unspent administrative funds to the
Finance and Citywide Projects Committee, which was approved on November 9, 2012.
On November 14, 2012 as the item was on the floor at the City Commission meeting, DEO staff
called to announce their plan to extend open contracts in six month intervals, until the National
Objective is met and close-out instructions are released by HUD. Therefore, DEO staff
recommended the City continue to expend the administrative funds as originally allocated.
210
NSP 1 Agreement Amendments
0210612013
Page 3 of 3
Consequently, City staff amended the agenda item on the floor to solely request an extension of
both contracts through February 15, 2013. The request was approved per Resolution No. 2012-
28063.
To date, only 25% of the State's NSP1 grantees have met a National Objective which is to
provide affordable housing units to benefit low income residents. The State DEO has requested
the City to extend the time of the agreements to comply with NPS1 close-out instructions because
the City, like 75% of the other entitlement communities in Florida, have not reached 100%
occupancy of the NSP1-funded homes. Therefore, the Administration recommends extension of
both contracts, which will enable the City to continue to expend available NSP1 grant
administrative funds until the new expiration date of the contracts. Currently, the grant's
administrative expenses are averaging $11,882 per month. Therefore, an additional $71,292 will
be available over the proposed additional six month term. Concurrently, MBCDC will be provided
additional time to achieve 100% occupancy of the NSP 1-funded homes.
CONCLUSION
The Administration requests extensions to both the City's Agreement with the State, and the
City's Agreement with MBCDC to reflect a new expiration date of August 15, 2013, and further
recommends that the Mayor and City Commission authorize 1.) Amendment No. 5 to the
Subgrant Agreement between the State of Florida DEO and the City modifying the expiration date
of the Subgrant Agreement from February 15, 2013 to August 15, 2013; 2.) authorize
Amendment No. 8 to the related NSP1 Agreement between the City and MBCDC to extend the
expiration date the NSP1 Agreement from February 15, 2013 to August 15, 2013; and 3.)
authorize the City Manager to execute such Amendments and any subsequently approved
extensions by US HUD or DEO.
KGB/MS/AP/rs
T:\AGENDA\2013\February 6\NSP1 Extension 3-MEMO-REVISED.docx
211
RESOLUTION NO. ________ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE FOLLOWING
ACTIONS WITH REGARD TO THE CITY'S NEIGHBORHOOD STABILIZATION
PROGRAM 1 (NSP1) AGREEMENTS: 1) APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 5 TO THE
SUBGRANT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT
OF ECONOMIC OPPORTUNITY (DEO) AND THE CITY MODIFYING THE
EXPIRATION DATE OF THE SUBGRANT AGREEMENT FROM FEBRUARY 15,
2013, TO AUGUST 15, 2013; 2) APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AMENDMENT NO. 9 TO THE NSP1
AGREEMENT BETWEEN THE CITY AND MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORATION (MBCDC), DATED JANUARY 21, 2010,
MODIFYING THE EXPIRATION DATE OF SUCH AGREEMENT FROM
FEBRUARY 15, 2013 TO AUGUST 15, 2013; AND FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE SUCH AMENDMENTS AND ANY
SUBSEQUENTLY APPROVED EXTENSIONS BY US HUD OR DEO.
WHEREAS, on July 31, 2008, the United States Congress enacted the Housing and
Economic Recovery Act of 2008, thereby creating the Neighborhood Stabilization Program 1
(NSP 1), which directed the Department of Housing and Urban Development (HUD) to allocate $3.93
billion to states and units of local government as emergency assistance for the purchase and
redevelopment of abandoned and foreclosed homes; and
WHEREAS, on March 18, 2009, the City approved Resolution No. 2009-27039, approving
the City's planned use of and application of NSP1 funds to purchase and rehabilitate one or more
foreclosed or abandoned multi-family buildings to be made available as rental housing properties for
income qualified households; and
WHEREAS, the City was awarded a total of $9,305,268 in NSP1 funds through an initial
allocation plus two subsequent allocations; and
WHEREAS, the State of Florida Department of Economic Development (DEO) is the entity
managing the NSP1 allocation to the City of Miami Beach; and
WHEREAS, the Administration conducted a duly-noticed procurement process for award of
the first allocation, resulting in the City Commission's approval on September 9, 2009, of Resolution
No. 2009-27194 which authorizing the execution of an Agreement with Miami Beach Community
Development Corporation to carry out the City's planned use of, and application for, NSP1 funds
("MBCDC Agreement"); and
WHEREAS, the initial strategy was to fund the acquisition and rehabilitation of one
affordable housing project, which resulted in the acquisition of the 16-unit foreclosed building
located at 7871 Crespi Blvd., which was later named The Madeleine; and
WHEREAS, on February 3, 2010, the City's Agreement with MBCDC was amended per
Resolution No. 201 0-27335, to allow for the allocation of additional NSP1 funds received by the City;
and
WHEREAS, the additional acquisition and rehabilitation funds resulting from the second and
third allocations were authorized for the acquisition and rehabilitation of The Neptune, a 35-unit
foreclosed apartment building located at 1632 Meridian Avenue; and The Lottie, a nine-unit
212
foreclosed apartment building which contains large apartments and is suitable for families, located
at 530 75 Street; and
WHEREAS, a total of 60 units were purchased with NSP1 funds and rehabilitated for
income-eligible Miami Beach residents; and
WHEREAS, The Lottie is in TCO status as of November 21, 2012, and is pending a final
inspection for CO; and
WHEREAS, to date, 39 out of the total 60 units are occupied; and
WHEREAS, the City's NSP1 grant agreements with the State DEO and with MBCDC expire
February 15, 2013; and
WHEREAS, in-light of the current February 15, 2013 expiration date, the City budgeted
general funds to continue monitoring of the NSP1 Activities and close-out of the grant; and
WHEREAS, the State's DEO has requested that both Miami Beach contracts be extended
through August 15, 2013, in order to lease-up the remaining vacant units, obtain the CO at The
Lottie, and close out the grant; and
WHEREAS, 75% of the other entitlement communities in Florida have not yet met the HUD
National Objective, which is to have 100% occupancy of the NSP1-funded homes, and
WHEREAS, extension of the contracts will enable the City of continue to expend available
NSP1 grant administrative funds until the new expiration date of the contracts; and
WHEREAS, the grant's current administrative expenses are averaging $11,882 per month,
therefore an additional $71 ,292 will be available over the proposed additional six month term; and
WHEREAS, in order to complete the aforementioned tasks, the Administration recommends
extending the end dates of both the NSP1 SubgrantAgreement and the MBCDC Agreement, so that
they both expire on August 15, 2013.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
and authorize the Mayor and the City Clerk to execute Amendment No. 5 to the Subgrant
Agreement between the State of Florida Department of Economic Development (DEO) and the
City modifying the expiration date of the Subgrant Agreement from February 15, 2013, to August
15, 2013; and approve and authorize the Mayor and City Clerk to execute Amendment No.9 to the
NSP1 Agreement between the City and Miami Beach Community Development Corporation
(MBCDC), dated January 21, 2010, modifying the expiration date of such Agreement from
February 15, 2013 to August 15, 2013; and further authorize the City Manager to execute such
amendments and any subsequently approved extensions by US HUD or DEO.
PASSED AND ADOPTED this ___ day of-------' 2013.
ATTEST:
CITY CLERK
213
APPROVED AS TO
FORM & LANGUAGE
------~~~-Q~~~~~vN
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Waiving By 5/7m
Votes, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The
City, And Authorizing The City Manager To Execute A Letter Of Agreement With Jewish Community
Services Of South Florida, Inc. In The Amount Of $40,000, For The Jewish Community Services Hope
Program.
Ke Intended Outcome Su orted:
The Customer Satisfaction Survey indicated 14 percentage point improvement by businesses overall in th~
ratin for street cleanliness in business areas .
. ~~~~------------------------------------~ Item Summary/Recommendation:
Since 1995, the City of Miami Beach has collaborated with Jewish Community Services of South Florida,
Inc. (JCS) to clean certain areas of the City's business and residential districts. Through this initiative,
called the HOPE Program by JCS, homeless and formerly homeless individuals are provided with much
needed employment in exchange for cleaning our City's public Rights·of-Way, swale, streets and gutters.
The City has provided annual funds since 1995 to JCS. JCS, in turn, matches City funds with grant and
other dollars to employ homeless and formerly homeless individuals from our City. Eligible workers must
meet stringent criteria established by JCS' Rehabilitation and Employment Division (such as completing
treatment and counseling programs to address issues that were barriers to employment and living in either
transitional or permanent housing) as conditions to program selection.
The City Commission approved by Resolution in 2000 and 2002, funding for the HOPE Program through
the adoption of FY 2000/01 and FY 2002/03 Budgets for Special Revenue Funds for Resort Tax. Since
then, the City has continued to annuaffy fund the JCS to support the HOPE Program. $40,000 was
appropriated as part of the Sanitation Budget for the HOPE Program in FY 2012/13; however, there is no
authorization to enter into an annual agreement for the Jewish Community Services of South Florida Inc
The City Administration desires to continue its support of the JCS HOPE Program since it has mutual
benefits for both the homeless community in Miami Beach and the City. Under this letter of agreement,
JCS assists the City in accomplishing one of the Citywide Key Intended Outcomes, which is to improve the
cleanliness of Miami Beach Rights-of-Way, especially in business areas
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Advisory Board Recommendation:
IN/A
Financial Information:
--Source of Amou Account Approved
Funds: nt
1 $40,000 Sanitation Combined Budget in FY
2012/13, Account# 435-0430-000312. --
OBPI Total $40,000 --Financial Impact Summary:
City Clerk's Office Legislative Tracking:
[Fred Beckmann, Public Works X6012
er
T:IAGENDA\2013\February 6\JCS waiver of competitive bidding. Summary.doc
MIAMI BEACH 214
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager /A f-.
February 6, 2013
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, WAIVING BY 5/7TH VOTES, THE COMPETITIVE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A LETTER OF AGREEMENT WITH JEWISH COMMUNITY SERVICES OF SOUTH
FLORIDA, INC. IN THE AMOUNT OF $40,000, FOR THE JEWISH COMMUNITY
SERVICES HOPE PROGRAM.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Resolution.
KEY INTENDED OUTCOME
Improve cleanliness of Miami Beach Rights·of-Way especially in business and residential areas.
FUNDING
$40,000 · Sanitation Combined Budget in FY 2012/13, Account# 435·0430·000312.
BACKGROUND
Since 1995, the City of Miami Beach has collaborated with Jewish Community Services of
South Florida, Inc. (JCS) to clean certain areas of the City's business and residential districts.
Through this initiative, called the HOPE Program by JCS, homeless and formerly homeless
individuals are provided with much needed employment in exchange for cleaning our City's
public Rights·Of·Way, swale, streets and gutters.
The City has provided annual funds since 1995 to JCS. JCS, in turn, matches City funds with
grant and other dollars to employ homeless and formerly homeless individuals from our City.
Eligible workers must meet stringent criteria established by JCS' Rehabilitation and Employment
Division (such as completing treatment and counseling programs to address issues that were
barriers to employment and living in either transitional or permanent housing) as conditions to
program selection. Jewish Community Services is a fully licensed, insured and bonded
agency, accredited by CARF International and has more than 17 years of experience. Its
services include: basic screening and assessment, case management, job counseling, direct job
placement, day labor training, vocational training, no-cost transportation assistance and work
equipment.
215
Commission Memo -Waiver of Competitive Bidding
February 6, 2013
Page 2 of 2
The HOPE Program is a comprehensive employment service designed to serve homeless
individuals in Miami-Dade County. Eligible men and women are referred to the program through
the Miami-Dade Homeless Trust Continuum of Care (CoC) via the Homeless Management
Information System (HMIS). Through this program, JCS employs about 19 people on a
quarterly basis working five days a week, from 6 am to 11 am, maintaining the cleanliness of
streets and public rights-of-way from 51h 11 1h Streets between Lenox Avenue and Meridian
Avenue.
The City Commission approved by Resolution in 2000 and 2002, funding for the HOPE Program
through the adoption of FY 2000/01 and FY 2002/03 Budgets for Special Revenue Funds for
Resort Tax. Since then, the City has continued to annually fund the JCS to support the HOPE
Program.
ANALYSIS
$40,000 was appropriated as part of the Sanitation Budget for the HOPE Program in FY 2012-
13; however, there is no authorization to enter into an annual agreement for the Jewish
Community Services of South Florida Inc., for the provision of Sanitation services in South
Beach. The City Administration desires to continue its support of the JCS HOPE Program since
it has mutual benefits for both the homeless community in Miami Beach and the City.
Under this attached Letter of Agreement, JCS assists the City in accomplishing one of the
Citywide Key Intended Outcomes, which is to improve the cleanliness of Miami Beach Rights-of-
Way, especially in business areas
The Sanitation Division monitors the targeted areas on a daily basis as well as includes the
areas for assessments in the City's Cleanliness Index program. As part of the agreement, JCS
must score a minimum of 1.5 on the City's Cleanliness Index for its geographic areas of
responsibility. If the minimum score of 1.5 is not achieved, JCS must then provide a recovery
plan for the following quarter which delineates how remediation will be achieved within the
following quarter. If for any reason this objective is not met for two concurrent quarters, the City
reserves the right to terminate the agreement.
CONCLUSION
The Administration recommends approving the Resolution wa1v1ng by 5/ih votes, the
competitive bidding requirement, finding such waiver to be in the best interest of the City, and
authorizing the City Manager to execute a Letter of Agreement with Jewish Community Services
of South Florida, Inc. in the amount of $40,000, for the Jewish Community Services HOPE
Program.
Attachment:
Jewish Community Letter of Agreement
KGB/JGG/FHB/FRS
T:\AGENDA\2013\February 6\JCS-waiver of competitive bidding· memo.docx
216
JEWISH COMMUNITY LETTER OF AGREEMENT
TO BE SUBMITTED IN SUPPLEMENTAL
217
RESOLUTION TO BE SUBMITTED
218
THIS PAGE INTENTIONALLY LEFT BLANK
219
R5
ORDINANCES
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment proposing to require Conditional Use approval
for Second Hand Goods Stores dealin in Precious Metals
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to r~gulate development is "about the right amount."
Item Summary/Recommendation:
SECOND READING
The proposed Ordinance would treat Secondhand Goods stores that deal in Precious Metals to be
approved as Conditional Uses by the Planning Board. The ordinance would treat them in the same
way as currently applied to Pawn Shops, requiring Conditional Use in areas where permitted, and
prohibiting them in certain other areas.
The subject Ordinance was approved at First Reading on January 16, 2013. The Administration
recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On June 28, 2011, the Planning Board considered the proposed amendment drafted by staff, and
recommended that the Ordinance only include the Conditional Use requirement only for second hand
precious metals, as they were concerned about affecting used furniture shops and "thrift" shops, as
currently defined in the State statute as second hand goods.
Financial Information:
Source of Amount Account
Funds: 1
D 2
3
OBPI Total I
Financial Impact Summary: The proposed ordinance should not have any direct fiscal impact
upon the resources of the City at this time.
City Clerk's Office Legislative Tracking:
Richard Lorber or Thomas Mooney
S1gn-Offs:
Department Director
MIAMI BEACH
221
AGENDA ITEM ___._R"-"S~A'-'--
DATE 1.-" -[_3
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfl.gov
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager p. ·;
February 6, 2013 f,__
SECOND READING
SUBJECT: Second Hands Goods Stores-Precious Metals
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, AMENDING THE CITY CODE, BY
DELETING CHAPTER 18, "BUSINESSES", ARTICLE XII,
"SECONDHAND GOODS", DIVISION 3, "PAWNSHOPS"; AND
DIVISION 4, "SECONDHAND DEALERS"; AND BY AMENDING
CHAPTER 102, "TAXATION", ARTICLE V, "LOCAL BUSINESS
TAX", SECTION 102-356, "CONSTRUCTION OF ARTICLE;
DEFINITIONS"; IN ORDER TO CONFORM CITY CODE
PROVISIONS ON PAWNSHOPS AND SECONDHAND GOODS
WITH APPLICABLE FLORIDA STATUTES; AND BY AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II "DISTRICT REGULATIONS," DIVISION 4 "CD-1
COMMERCIAL, LOW INTENSITY DISTRICT," SECTION 142-273,
"CONDITIONAL USES" AND DIVISION 5 "CD-2 COMMERCIAL,
MEDIUM INTENSITY DISTRICT," SECTION 142-303
"CONDITIONAL USES" BY INCLUDING SECOND HAND
DEALERS OF PRECIOUS METALS AS A CONDITIONAL USE IN
THE CD-1 AND CD-2 ZONING DISTRICTS; AND DIVISION 6,
"CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION
142-335 "PROHIBITED USES" AND DIVISION 18 "PS
PERFORMANCE STANDARD DISTRICT," SECTION 142-693(C)
"PERMITTED USES," BY INCLUDING SECOND HAND
DEALERS OF PRECIOUS METALS AS PROHIBITED USES IN
THE CD-3 AND PS DISTRICTS, PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
A discussion to tighten the City ordinance involving conditional use procedure for second
hand stores was referred to the Land Use and Development Committee by the City
Commission on November 17, 2010, at the request of Commissioner Gongora. On
222
Commission Memorandum
Second Hand Goods Stores -Precious Metals
Februaty 6, 2013 Page 2 of 3
December 13, 201 0, the Land Use Committee referred the matter to the Planning Board
as an Ordinance Amendment.
ANALYSIS
Currently the City Code specifies that in those commercial zoning districts that permit
them, pawnshops are a Conditional Use, requiring review and approval by the Planning
Board. Pawnshops are specifically defined in the City Code.
Another type of business, which is related to pawnshops, are second hand goods. The
City has two types of second hand goods licenses, either apparel, i.e. used clothing, or
non-apparel. Second hand goods non-apparel can be any type of hard good, used
furniture and the like, but most often is characterized by the buying and sometimes
selling of gold and jewelry items. This use is very similar to pawnshops, except they do
not deal in "pawns" or loans for a specific amount of time secured by the goods pawned,
but rather engage in a straight purchase of the proffered goods.
In 1994 the City enacted restrictions on pawnbroking, requiring Conditional Use
approval. Originally, staff believes that this was intended to extend to second hand
goods dealers as well; however, changes to State law split pawnbroking from second
hand goods, and the City ordinance requiring Conditional Use was not applied to second
hand goods. The proposed ordinance would extend the same Conditional Use
requirement and district prohibitions to certain Second Hand Goods.
On June 28, 2011, the Planning Board considered a comprehensive Ordinance
amendment drafted by staff, which included numerous references to applicable State
Law and set forth more comprehensive procedures and requirements for second hand
good stores. This comprehensive version of the ordinance included dealers in precious
metals, as well as used furniture shops and "thrift" shops, as currently defined in the
State statute as second hand goods.
The Planning Board, however, expressed concern about the broad nature of the
proposed ordinance, and recommended that the Ordinance be reduced in scope and
include the Conditional Use requirement only for second hand precious metals.
Precious metals is defined by the state statute 538.03 F.S. as any item containing any
gold, silver, or platinum, or any combination thereof, excluding any chemical or any
automotive, photographic, electrical, medical, or dental materials or electronic parts.
Precious metals dealer is defined as a secondhand dealer who normally or regularly
engages in the business of buying used precious metals for resale. The term does not
include those persons involved in the bulk sale of precious metals from one secondhand
or precious metals dealer to another.
Staff has reviewed the recommended Ordinance with the City Attorney's Office and the
Police Department, and presented a draft of the recommended Ordinance for discussion
and policy direction to the Land Use Committee (see attached). This ordinance is more
limited in scope, as per the Planning Board's recommendation. During a recent
discussion of the matter at a City Commission discussion, Mayor Bower expressed a
similar preference for a more limited approach, rather than increasing regulations on all
types of used goods sellers.
223
Commission Memorandum
Second Hand Goods Stores -Precious Metals
February 6, 2013 Page 3 of 3
Note that the ordinance as proposed also deletes the entirety of those portions of
Chapters 18 and 102 (outside the Land Development Regulations) that deal with
pawnbrokers and second hand goods, and replaces them with references to the
applicable State statutes, F.S. 538 and 539. This amendment is at the request of the
City Attorney's Office staff, who believe that this would be more preferable than
continuing to delineate the state requirements through text in the City Code.
In summary, the proposed ordinance attached would require Second Hand Precious
Metals dealers to obtain Conditional Use approval, restricts them from those districts
which pawnbrokers are currently restricted, and replaces regulations in Chapters 18 and
102 with references to the applicable state statutes.
The subject Ordinance was approved by the City Commission at First Reading on
January 16, 2013.
PLANNING BOARD REVIEW
On June 28, 2011, the Planning Board considered the proposed amendment drafted by
staff, and recommended that the Ordinance only include the Conditional Use
requirement only for second hand precious metals, as they were concerned about
affecting used furniture shops and "thrift" shops, as currently defined in the State statute
as second hand goods.
FISCAL IMPACT
In accordance with Charter section 5.02, which requires that the "City of Miami Beach
shall consider the long~term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long-term economic
impact (at least 5 years) of this proposed legislative action, and determined that there
should not be a measurable impact on the City's budget by enacting the proposed
ordinance.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
KGB/JGG/R~~L
T:\AGENDA\2013\February 6\Second Hand Goods MEM 2nd.docx
224
ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, AMENDING THE CITY CODE, BY DELETING
CHAPTER 18, "BUSINESSES", ARTICLE XII, "SECONDHAND
GOODS", DIVISION 3, "PAWNSHOPS"; AND DIVISION 4,
"SECONDHAND DEALERS"; AND BY AMENDING CHAPTER 102,
"TAXATION", ARTICLE V, "LOCAL BUSINESS TAX", SECTION 102-
356, "CONSTRUCTION OF ARTICLE; DEFINITIONS"; IN ORDER TO
CONFORM CITY CODE PROVISIONS ON PAWNSHOPS AND
SECONDHAND GOODS WITH APPLICABLE FLORIDA STATUTES;
AND BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II "DISTRICT REGULATIONS," DIVISION 4
"CD-1 COMMERCIAL, LOW INTENSITY DISTRICT," SECTION 142-
273, "CONDITIONAL USES" AND DIVISION 5 "CD-2 COMMERCIAL,
MEDIUM INTENSITY DISTRICT," SECTION 142-303 "CONDITIONAL
USES" BY INCLUDING SECOND HAND DEALERS OF PRECIOUS
METALS AS A CONDITIONAL USE IN THE CD-1 AND CD-2 ZONING
DISTRICTS; AND DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY
DISTRICT," SECTION 142-335 "PROHIBITED USES" AND DIVISION
18 "PS PERFORMANCE STANDARD DISTRICT," SECTION 142-693(C)
"PERMITTED USES," BY INCLUDING SECOND HAND DEALERS OF
PRECIOUS METALS AS PROHIBITED USES IN THE CD-3 AND PS
DISTRICTS, PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach continually seeks to update and clearly
define the requirements of the Land Development Regulations of the Code of the City of
Miami Beach as they pertain to zoning districts and regulation; and
WHEREAS, currently the City Code specifies that in those commercial zoning
districts that permit them, pawnshops are a Conditional Use, requiring review and
approval by the Planning Board. Pawnshops are specifically defined in the City Code;
and,
WHEREAS, secondhand dealers are a similar use to pawnshops, but are not
specified enumerated in the list of permitted, conditional and prohibited uses for the
various zoning districts; and,
WHEREAS, the City of Miami Beach desires to require review and approval of
secondhand dealers similar to that which is required of pawnshops; and,
WHEREAS, the amendments set forth below throughout the City Code are
necessary to accomplish the above objective;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
225
SECTION 1. Chapter 18, "Businesses", Article XII, "Secondhand Goods", Division 3,
"Pawnbrokers" of the City Code is hereby deleted and replaced with the following reference to
Florida Statutes:
DIVISION 3. -PAWNBROKERS
Sec. 18-721.-Sec. 18-737
Chapter 539, Florida Statutes (The Florida Pawnbroking Act, Sections 539.01-539.3) as
may be amended from time to time, is hereby adopted by the city.
* * *
SECTION 2. Chapter 18, "Businesses", Article XII, "Secondhand Goods", Division 4,
"Secondhand Dealers" of the City Code is hereby deleted and replaced with the following
reference to Florida Statutes:
DIVISION 4. -SECONDHAND DEALERS
Sec. 18-761 -Sec. 18-770
Chapter 538, Part I, Florida Statutes (Secondhand Dealers. Sections 538.03-538.17) as
may be amended from time to time, is hereby adopted by the city.
SECTION 3. Chapter 102, "Taxation", Article V, "Local Business Tax", Section 102-356,
"Construction of Article; Definitions" of the City Code is hereby amended as follows:
Sec. 102-356.-Construction of article; definitions.
* * *
Precious metals is as defined in F.S. § 538.03: Any item containing any gold, silver. or
platinum, or any combination thereof. excluding any chemical or any automotive,
photographic, electrical, medical, or dental materials or electronic parts.
Precious metals dealer is as defined in F.S. § 538.03: A secondhand dealer who
normally or regularly engages in the business of buying used precious metals for resale.
The term does not include those persons involved in the bulk sale of precious metals
from one secondhand or precious metals dealer to another.
2
226
Secondhand dealer is as defined in F.S. § 538.03: Any person, corporation, or other
business organization or entity which is not a secondary metals recycler subject to part
II and which is engaged in the business of purchasing, consigning, or trading
secondhand goods. means any person not solely a secondary metals recycler subject
to F.S. ch. 538, pt. II, engaged in the business of purchasing, consigning, pawning,
selling, bartering, exchanging in any manner at retail or ~ovholesale, or otherviise dealing
for profit in secondhand goods. The term shall include pawnbrokers and all dealers who
buy, trade or sell or who make loans of money upon the deposit or pledge of
secondhand goods.
Secondhand goods is as defined in F.S. § 538.03: Personal property previously owned
or used, which is not regulated metals property regulated under part II and which is
purchased, consigned, or traded as used property. Such secondhand goods do not
include office furniture, pianos, books. clothing, organs, coins, motor vehicles. costume
jewelry, cardio and strength training or conditioning equipment designed primarily for
indoor use. and secondhand sports equipment that is not permanently labeled with a
serial number. For purposes of this paragraph, "secondhand sports equipment" does
not include golf clubs. means personal property previously owned or used, which is not
regulated metals property regulated under F.S. ch. 538, pt. II, and which is purchased,
sold, bartered, exchanged, consigned or pawned as used property. The term includes
but is not limited to:
(1) \/'latches;
(2) Items containing gold, silver, platinum or other precious metal;
(3) Jewelry, diamonds, gems, and other precious stones, excluding costume
jewelry;
(4) Fishing rods and tackle;
(5) Audio and video equipment, including but not limited to television sets, radios,
amplifiers, receivers, turntables, tape recorders, videotape recorders, speakers,
and citizens' band radios, and compact disc players;
(6) Computer equipment;
(7) Radar detectors;
(8) Depth finders;
(9) Trolling motors and outboard motors;
(1 0) Photographic equipment, including but not limited to cameras, lenses,
electronic flashes, tripods and developing equipment;
(11) Machinery, tools, electric motors, calculators, tires, hubcaps, musical
instruments, typewriters;
3
227
(12) 'Neapons, including knives, swords, and air guns;
(13) Telephones, including cellular and portable;
(14) Microwave ovens;
(15) Animal fur coats;
(16) Video games;
(17) Office equipment such as copiers, fax machines and postage machines;
(18) Sports equipment;
(1Q) Lawnmowers, bicycles and motor vehicles.
* * *
SECTION 4. Chapter 142, Entitled "Zoning Districts and Regulations", Article II "District
Regulations," Division 4 "CD-1 Commercial, Low Intensity District," Section 142-273,
"Conditional Uses" of the City Code is hereby amended as follows:
Sec. 142-273.-Conditional uses.
The conditional uses in the CD-1 commercial, low intensity district are adult congregate
living facilities; nursing homes; religious institution; public and private institutions;
schools; day care facility; pawnshops; secondhand dealers of precious metals/precious
metals dealers; video game arcades; warehouses; any use selling gasoline; new
construction of structures 50,000 square feet and over (even when divided by a district
boundary line), which review shall be the first step in the process before the review by
any of the other land development boards; neighborhood impact establishment; and
storage and/or parking of commercial vehicles on a site other than the site at which the
associated commerce, trade or business is located. See section 142-1103.
SECTION 5. Chapter 142, "Zoning Districts and Regulations", Article II "District
Regulations," Division 5 "CD-2 Commercial, Medium Intensity District," Section 142-303
"Conditional Uses" of the City Code is hereby amended as follows:
Sec. 142-303. -Conditional uses.
The conditional uses in the CD-2 commercial, medium intensity district are adult
congregate living facilities; funeral home; nursing homes; religious institution;
pawnshops; secondhand dealers of precious metals/precious metals dealers; video
game arcades; public and private institutions; schools; any use selling gasoline; new
construction of structures 50,000 square feet and over (even when divided by a district
boundary line), which review shall be the first step in the process before the review by
any of the other land development boards; outdoor entertainment establishment;
neighborhood impact establishment; open air entertainment establishment; and storage
and/or parking of commercial vehicles on a site other than the site at which the
associated commerce, trade or business is located. See section 142-1103.
4
228
SECTION 6. Chapter 142, "Zoning Districts and Regulations", Article II "District
Regulations," Division 6, "CD-3 Commercial, High Intensity District," Section 142-335
"Prohibited Uses" of the City Code is hereby amended as follows:
Sec. 142-335.-Prohibited uses.
The prohibited uses in the CD-3 commercial, high intensity district are pawnshops;
secondhand dealers of precious metals/precious metals dealers; and accessory outdoor
bar counter, except as provided in this division.
SECTION 7. Chapter 142, "Zoning Districts and Regulations", Article II "District
Regulations," Division 18 "PS Performance Standard District," Section 142-693(C)
"Permitted Uses," of the City Code is hereby amended as follows:
Sec. 142-693. -Permitted uses.
* * *
(c) For purposes of this section, pawnshops, secondhand dealers of precious
metals/precious metals dealers and dance halls and entertainment
establishments are not permitted as a main permitted or accessory use south of
Fifth Street; however, in the C-PS3 and C-PS4 districts dance halls and
entertainment establishments shall be permitted as an accessory use within a
hotel of 250 rooms or more with access to the dance hall or entertainment
establishment only from the interior lobby and not from the street.
SECTION 8. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
made part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or relettered to accomplish such intention, and the word
"ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 9. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 10. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
5
229
SECTION 11. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this __ day of-------' 2013.
ATTEST:
CITY CLERK
First Reading: January 16, 2013
Second Reading: February 6, 2013
Verified by: ________ _
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
T:\AGENDA\2013\February 6\Secondhand Goods-ORO 2nd.docx
6
230
MAYOR
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY grven that secorn:J readings and public hearings will oo hekt by
the Mayor and Cijy CornmissiOfl of the City of Miami Beach. Florida, in the Commission
ChambBrs, 3rd Roor, City Hall, 1700 Conventior1 Center Drive. Miami Beach. Florida, on
Wednesday, February 6, 2013 to consider the following:
10:30 a.m.
Ordinance Amending The City Code, By Deletlng Chapter 18, "Businesses', Article Xll,
"Secondhand Goods", Division 3, "Pawnshops"; And Division 4, "Secondhand Dealers"; And
By Amending ct1apter 102, "Taxation", Article V, "Local Business Tax", Section 102-356,
"Construction Of Article; Definitions"; In Order To Conform City Code Provisions On Pawn.."\hops
And Secondhand Goods With Applicable Florida Statutes; And By Amending Chapter 142,
"Zoning Districts And Regulations," Artit.leii·'DistrictR8{lulations," Division 4 "C0-1 Commercial,
Low Intensity District," Section 142-273, "Conditional Uses" And Division 5 "CD·2 Commercial,
Medium lntensrty District: Section 142-303 "Conditional Uses" By Including Second Hand
Dealers Of Precious Metals As A Conditional Use In Too GD-1 And G0-2 Zoning Districts;
And Division 6, "CD-.3 Commercial, High Intensity District," Section 142-335 "Prohibited Uses"
And Division 18 "PS Perfonnance Standard District," Section 142-693{c) "Permitted Uses,"
8'1 Including Second Haf1d Dealers Of Precious Metals As Prohibited Uses In The C0-3 And
PS Districts.
Inquiries may be directed to thi: Planning Department at 1305) 673-7550.
10:45 a.m.
Ordinance Amending Chapter 102 Of The Miami Beach City Code, Entitled "Taxation,' By
Creating ~tion 102-2, To Be Entitled "Homestead Exemption For Low-Income Senior
Citizens Who Are Long-Term Residents"; Providing For An Additional Homestead Exemption
For Certain Low-Income Qua!iiying Senior Citizens Who Are Long-Term Residents To Be
AppliP.d To Millage Rates Levied By The City Of Miami Beach; Requiring Delivery 01 Ordinance
To The Miami-Dade County Property Appraiser.
Inquiries may be directed to the Finance Departmerrt at (305) 673" 7 4B5.
INTERESTED PARTIES are invrred to appear at tt11s meeting, or be represented by an agent,
or to express the!r 'liews in writing addressed to the City Commission, c/o the City Clerk,
1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies
of these items are avaJiab!B for public inspection during normal business hours in the
City Clerk's Office. 1700 ConverJtion Center Drive. 1st Floor, City Hall, Miami Beach,
Florida 33139. This meetirtg may be continued. and under such circumstances additional
legal notice will not be provided.
Rafael E. Granado, City Clerk
City of Miami Beach
PurstJant to Section 286.0105, Fla. Stat, the City hereby advises the public that if a person
decides to appeal any decision made by the City Commission wrth respe\lt to any matter
considered at its meetJng or its hearing, such person must ensure that a verbatim record of
the proceedings is made, which record includes tne testimony and evidence upon which the
appeal is to oe based. This notiCe does not constitute conserrt t;y the City for the introduction or
admission of otherwise madmissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed t;y law.
To request tllis material in accessible format s1gn language interpreters, information on
access for persons wtth disabilities, ar1d!or any accommodation 1D review any document
or participate in any City-sponsored proceeding, please contact us fNe days in advance at
(305) 673-7 411 (Voice) or m users may also caU the Florida Relay Service at 711.
Ad#762
231
THIS PAGE INTENTIONALLY LEFT BLANK
232
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Adopting Amendment 11 of Florida Constitution.
Key Intended Outcome Supported:
·supporting Data (Su..Veys, Environmental Scan, etc
Should the City Commission approve an Ordinance at Second Reading amending Chapter 102 of the
Cit code?
SECOND READING
On November 6, 2012, voters approved Amendment 11 of the Florida Constitution revising
the existing additional homestead exemption for low-income seniors and authorizing a new
additional exemption for them.
On December 19, 2012, the Property Appraiser's Office advised the City that the new
exemption could only be applied by the taxing authority once an ordinance is adopted by a
super majority of the members of the City Commission
The subject Ordinance was approved at First Reading on January 16, 2013. The
Administration recommends that the Cit Commission ado t the Ordinance.
Advi~.ory B~ard Recommendation:.... .~=:==J
Financial Information: -ource of Amou nt Account s
F unds: ---1
---2 D --·---3
~-·--·-. OBPI Total
-~~~-----~---~·-~·"~~~
Financial Impact Summary:
roperty Appraiser Office, the City of Miami Beach has
will be benefited by this ordinance. Based on the 2012
According to Miami-Dade County P
305 Qualifying Seniors of which 89
Preliminar~ Assessment Roll, the tq_ tal irn~act to the Cit~ in revenue loss will be $16,742.
City Clerk's OffJce Legislative Trackmg:
I
Sign-Offs:
Department Director Assistant City Manager nager
. ·-
·-+------+------h---1+-------1
T:\AGENDA\2013\January 16\Amendment 11 Summary.docx
lD MtAMIBEACH ~ 233
AGENDA ITEM R s B
DATE Z~b-/3
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO Mayor Matti Herrera Bower and Members of the City Commission
FROM Kathie G. Brooks, Interim City Managey~ I--
DATE: February 6, 2013
SECOND READING
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF
THE MIAMI BEACH CITY CODE, ENTITLED "TAXATION," BY
CREATING SECTION 102-2, TO BE ENTITLED "HOMESTEAD
EXEMPTION FOR LOW-INCOME SENIOR CITIZENS WHO ARE LONG-
TERM RESIDENTS"; PROVIDING FOR AN ADDITIONAL HOMESTEAD
EXEMPTION FOR CERTAIN LOW-INCOME QUALIFYING SENIOR
CITIZENS WHO ARE LONG-TERM RESIDENTS TO BE APPLIED TO
MILLAGE RATES LEVIED BY THE CITY OF MIAMI BEACH;
REQUIRING DELIVERY OF ORDINANCE TO THE MIAMI-DADE
COUNTY PROPERTY APPRAISER; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AN EFFECTIVE DATE, AND
REQUIRING A MAJORITY PLUS ONE VOTE OF THE MEMBERS OF
THE CITY COMMISSION.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on Second Reading.
BACKGROUND
On November 6, 2012, voters approved Amendment 11 of the Florida
Constitution revising the existing additional homestead exemption for low-income
seniors and authorizing a new additional exemption for them.
On December 19, 2012, the Property Appraiser's Office advised the City that the
new exemption could only be applied by the taxing authority once an ordinance is
adopted by a super majority of the members of the City Commission.
According to Miami-Dade County Property Appraiser Office, the City of Miami
Beach has 305 Qualifying Seniors of which 89 will be benefited by this ordinance.
Based on the 2012 Preliminary Assessment Roll, the total impact to the City in
revenue loss will be $16,742.
In order for this exemption to be applicable for the 2013 tax roll, we have to
submit our adopted ordinance to the County's Property Appraiser's Office no
later than March 1, 2013.
234
These Amendment revisions are as follows:
Changes to the existing additional Homestead exemption for Qualifying Seniors
• The amount of exemption that can be granted to a qualifying senior is now
a flat $50,000 instead of an amount up to $50,000.
• A municipality can adopt an ordinance granting either or both of these
additional exemptions authorized by the constitution for qualifying seniors.
Provisions regarding the new additional Homestead exemption for Qualifying
Seniors
• The amount of this exemption is equal to the assessed value of the
Homestead, up to a just value of less than $250,000; and,
• The owner must have made the property his permanent residence for 25
years; and
• This exemption can only be granted by a super majority of the members of
the municipal governing body.
Provisions that apply to both additional exemptions for Qualifying Seniors
• The owner's household income must not exceed $27,030;
• Municipalities must pass a local ordinance granting either or both of these
exemptions; and,
• These additional exemptions will first apply to the 2013 tax roll and to all
subsequent tax rolls.
The subject Ordinance was approved at First Reading on January 16, 2013.
CONCLUSION
That the Mayor and City Commission approve the Ordinance by a super majority
on Second Reading.
235
ORDINANCE NO. ____ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
102 OF THE MIAMI BEACH CITY CODE, ENTITLED
"TAXATION," BY CREATING SECTION 102-2, TO BE ENTITLED
"HOMESTEAD EXEMPTION FOR LOW-INCOME SENIOR
CITIZENS WHO ARE LONG-TERM RESIDENTS"; PROVIDING
FOR AN ADDITIONAL HOMESTEAD EXEMPTION FOR
CERTAIN LOW-INCOME QUALIFYING SENIOR CITIZENS WHO
ARE LONG-TERM RESIDENTS TO BE APPLIED TO MILLAGE
RATES LEVIED BY THE CITY OF MIAMI BEACH; REQUIRING
DELIVERY OF ORDINANCE TO THE MIAMI-DADE COUNTY
PROPERTY APPRAISER; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AN EFFECTIVE DATE, AND
REQUIRING A MAJORITY PLUS ONE VOTE OF THE MEMBERS
OF THE CITY COMMISSION.
WHEREAS, on September 20, 2011, Representative Jose Oliva (R-Hialeah) filed
House Joint Resolution 169 for consideration during the 2012 Florida legislative session
related to property tax relief for low-income senior citizens who are long-term residents;
and
WHEREAS, during the 2012 session, the Florida Legislature enacted House
Joint Resolution 169 and placed the question on the statewide November 2012 ballot as
Amendment No. 11, and also enacted House Bill 357 implementing Amendment No. 11
contingent on voters approving it, Chapter 2012-57, Laws of Florida; and
WHEREAS, on November 8, 2012, voters approved Amendment No. 11 by the
required 60 percent needed for passage; and
WHEREAS, pursuant to Amendment No. 11 and House Bill 357, now codified as
Article VII, Section 6(d)(2) of the Florida Constitution and Section 196.075, Florida
Statutes, respectively, the board of county commissioners of any county and the
governing body of municipalities may adopt an ordinance to allow an additional
homestead exemption for the amount of the assessed value of the property for any
person who has the legal or equitable title to real estate with a just value of less than
$250,000 and has maintained thereon the permanent residence of the owner for at least
25 years, who has attained the age of 65, and whose household income does not
236
exceed the income limitations set forth in state law, which is currently $27,030 and
adjusted annually; and
WHEREAS, Article VII, Section 6(d) provides that a municipality may implement
this low-income senior homestead exemption for long-term residents in addition to or in
place of the existing additional $50,000 senior citizen homestead exemption at the
option of the municipality; and
WHEREAS, Section 196.075, Florida Statutes, provides that this low-income
senior exemption must be authorized by a majority plus one vote of the members of the
governing body of the municipality granting such exemption; and
WHEREAS, on May 5, 2007, the Mayor and City Commission pursuant to
Ordinance No. 2007-3558 increased the homestead exemption for certain qualifying
senior citizens from $25,000 to $50,000, as codified in Section 102-1 of the Code of the
City of Miami Beach, Florida; and
WHEREAS, in addition to the existing additional $50,000 senior citizen
homestead exemption adopted pursuant to Ordinance 2007-3558, the Mayor and City
Commission wish to implement the additional homestead exemption for low-income
senior citizens who are long-term residents in accordance with the provisions of Article
VII, Section 6(d)(2), of the Florida Constitution, and Section 196.075 of the Florida
Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA by a majority plus one vote
of the members of the City Commission as follows:
SECTION 1. Section 102-2 of the Code of the City of Miami Beach, Florida, is
hereby created to read as follows:
CHAPTER 102
TAXATION
Article I. In General
* * *
2
237
Sec. 102-2. Homestead exemption for low-income senior citizens who are
long-term residents.
(a) In accordance with Article VII, Section 6(d)(2) of the Florida Constitution and
Section 196.075 of the Florida Statutes, any person who meets the following criteria
shall be entitled to make application for an additional homestead exemption for the
amount of the assessed value of the property:
(i) has the legal or equitable title to real estate located within the
City of Miami Beach, Florida with a just value of less than
$250,000,
(ii) has maintained thereon the permanent residence of the owner
for at least 25 years,
(iii) has attained the age of 65, and
{iv) has a household income that does not exceed the income
limitations set forth in state law. which is currently $27,030 and
adjusted annually.
(b) The exemption set forth in subsection (a) above shall be in addition to and shall not
replace the additional $50.000 senior citizen homestead exemption adopted pursuant to
Ordinance No. 2007-3558 and codified in Section 102-1 of the City Code.
(c) Every person claiming the additional homestead exemption pursuant to subsection
(a) above must file an application therefore with the Miami-Dade County Property
Appraiser ("Property Appraiser") no later than March 1 of each year for which such
exemption is claimed. Such application shall include a sworn statement of household
income for all members of the household and shall be filed on a form prescribed by the
Florida Department of Revenue. On or before June 1 of each such year. every applicant
must file supporting documentation with the Property Appraiser. unless the filing of
annual supporting documentation is waived by the Miami Dade County Board of County
Commissioners. Such documentation shall include copies of all federal income tax
returns, wage and earning statements, and such other documentation as required by
the Miami Dade County Board of County Commissioners, including documentation
necessary to verify the income received by all of the members of the household for the
prior year.
3
238
(d) Failure to file the application and sworn statement by March 1 or failure to file the
required supporting documentation by June 1 of any given year shall constitute a waiver
of the additional exemption privilege for that year.
(e) Notwithstanding subsections (c) and (d) above, if the Property Appraiser, pursuant to
Section 196.011 (9), Florida Statutes, requests that the Miami-Dade County Board of
County Commissioners waive the requirement that an annual application and income
statement be made for renewal of the exemption provided in Section 196.075, then after
an initial application for exemption has been made and the exemption is granted
pursuant to Section 196.075. subsection (c) and (d) shall not apply and the requirement
that an annual renewal application or Income Statement be submitted to the Property
Appraiser for exemption of property within the County shall be waived except in the
circumstances set forth below. A timely annual application together with the required
Income Statement for exemption shall be required whenever:
(i) property exempted on the assessment roll of the immediately
preceding tax year is sold or otherwise disposed of.
(ii) the ownership changes in any manner,
(iii) the applicant ceases to use the property as his or her
homestead. or
(iv) the status of the owner changes so as to change the exempt
status of the property, as provided in Section 196.011 (9)(a), Florida
Statutes.
(f) This additional exemption shall be available commencing with the 2013 tax roll and
shall continue with all subsequent tax rolls.
(g) Commencing January 1. 2013, and each January 1 thereafter, the annual income
limitation applicable to this Ordinance shall be adjusted annually as provided in state
law and shall be applicable as of January 1 of each year.
(h) The City Clerk shall file a copy of this Ordinance in the appropriate books and
records and shall transmit a copy to the Miami-Dade County Property Appraiser on or
before March 1 . 2013.
SECTION 2. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
4
239
SECTION 3. Severability.
If any section, sentence, clause or phrase of this ordinance is held to be invalid
or unconstitutional by any court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this ordinance.
SECTION 4. Codification.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
made a part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or re-lettered to accomplish such intention, and the word
"ordinance" may be changed to "section," "article," or other appropriate word.
SECTION 5. Effective Date.
This Ordinance shall take effect the __ day of ______ , 2013.
PASSED and ADOPTED this __ day of _______ , 2013.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions
Strike through denotes deletions
(Sponsored by Mayor Matti Herrera Bower and
Vice-Mayor Michael Gongora)
F:\ATTO\TURN\ORD!NANC\Low Income Senior Homestead Exemption.rtf
5
240
MATTI HERRERA BOWER
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
r~t~ -~~,11>1~ _I~E~~~O.. j. -~~'":"~H::~a_I~·~?.CO ..... _ ............ _ .. __ .......................................... .
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that second readings and public hearings will be hek! by
the MayOf and City COfnmission of the City of Miami Beach. Aorida, in the Commission
Chambers, 3rd Roor, City Hall. 1700 Convention Center Drive, Miami Beach. Florida, on
Werlnesday, February 6, 2013 to consider the foliowing:
10:30 a.m.
Ordinance Amending The City Code, By Deleting Chapter 18, "Businesses", Article Xll,
"Secondhand Goods", Division 3, "Pawnshops"; And Division 4, "Secondhand Dealers': And
By Amending Chapter 102, "Taxation", Article V, "Local Business Tax", Section 102-356,
'Constructioo Qf Article; Definitions"; In Order To Conform City Code Provisions On Pawnshops
And Secondhand Goods \lfrth Applicable Florida Statutes; And By Amending Chap1er 142.,
"Zoning DistrictsAnd Regulatjons," Article II "DistrictRegulatioflS," Division 4 "C0-1 Commercial,
Low lnteflSity District,· Section 142-273, 'Conditional Uses" And Divisioo5 'CD-2 Commercial,
Medium Intensity District,• Section 142-303 'Cooditional Uses" Sy Including Second Hand
Doolers Df Precious Metals As A Conditional Use In The CD-1 And CD-2 Zoning Districts;
And Division 6, "CD-3 Commercial, High lntensi1y District," Section 142-335 "ProhibiTed Uses"
And Division 18 "PS Performance Standard District," Section 142·693{c) "Permttted Uses,"
By Including Second Hand Dealers Of Precious Metals As Prohibited Uses In The C0-3 And
PS Districts.
Inquiries rnay be directed to the Planning Department at(305) 673-7550.
10:45 a.m.
Ordinance Amending Chapter 102 Of The Miami Beach City Code, Entitled "Taxation:· By
Creating Section 102-2, To Be Entitled ''Homestead Exemption For Low-Income Senior
Citizens Who Are Long-Term Residents'; Providing For An Additional Homestead Exemption
For Certain Low-lnccme Qualifying Senior Citizens Who Are Long-Term Residenis To Be
Applied To Millage Rates Levied By Thf, City Of Miami Beach; Requiring Delivery 01 Ordinance
To The Miami-Dade County Property Appraiser.
Inquiries may be directed to the Ftnance Department at {305) 673-7 4{)6.
INTERESTED PARTIES are invited to app<lar at this meeting, or be represented by an agent,
or to eK!Jress their views in writing addressed to the City Commission, c/o the City Clerk,
1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Aorida 33139. Copies
ot these items are available for public inspection during norma! business hours in the
City Clerk's Office, 1700 Convention Center Drive. 1st Floor, City Hall. Miami Beach,
Florida 33139. This meeting may be continued. and under such circumstances additiorJal
legal notice will not be provided.
Rafael E. Granada, City Cieri<
City of Miami Beach
Pursuant to Section 286.01 OS, Fla. Stat, the City hereby advises the public that if a person
decides to appeal any decision made by tr.e City Commission wtth respe~t to any matter
considered at its meeting or its hearing, such person must ensure that a vel-batim record of
the proceedings is made, which record includes the testimony and evidence upon which the
appeal is tn IJe based. This notice does not constitute consent try me Crty for the imroductkm or
admission of otherwise inadmissible or irrelevant evidence, nor does tt authorize challenges or
appeals not otherwise allowe-d by law.
To request this matenal in accessible format srgn language Interpreters, information on
access for persons wttll disabilities, and/or any accommodation to review any document
or participate in any City-sponsored proceeding, please cofltact us five days in advance at
{305) 673· 7 411 (Voice} or m users may also caY the Florida Relay Seivice at 711.
Ad#762
241
THIS PAGE INTENTIONALLY LEFT BLANK
242
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending The Miami
Beach City Code By Amending Chapter 2, Entitled "Administration," By Amending Article Iii, Entitled "Agencies,
Boards And Committees," By Creating Division 34, To Be Entitled "Bicycle-Pedestrian Facilities Advisory
Committee," And By Creating Sections 2-190.149 Through 2-190.153 To Create The Committee And Provisions
Establishing The Committee's Purpose, Powers And Duties, Composition, And Supporting Department; Providing
For Repealer, Severability, Codification, And An Effective Date.
Key Intended Outcome Supported:
Enhance Mobility Throughout The City
Supporting Data (Surveys, Environmental Scan, etc.) In the 2012 Citywide Survey, 48% of the
respondents would be willing to use bicycles as an alternative form of transportation.
Item Summary/Recommendation:
The Mayor's Blue Ribbon Bikeways Committee was established originally by Mayor David Dermer in 2005 and
subsequently continued by Mayor Mattie Herrera-Bower to promote the use of bicycles as a viable and sustainable
mode of transportation in the City, and to review, coordinate and promote better and safer bicycling and bicycle
facilities throughout the City for residents and tourists alike. Initially, the concept of a Bicycle Committee was
brought forth by residents and bicycle advocates in the City, who felt that the City of Miami Beach was in dire need
of bicycle infrastructure, coupled with the need to foster the well-being and quality-of-life of residents and
communities through the development of a progressive bicycle plan.
The Mayor's Blue Ribbon Bikeways Committee is comprised of neighborhood activists, business owners, and City
staff. The Committee has typically convened on the third Wednesday of every month. Its objectives are to provide
input on the City's bicycle infrastructure plans/projects and to ensure the safety and mobility of bicyclists traveling
in the City, both for recreational and commuter purposes. In the last few years, however, there has been
diminishing interest from committee members.
It is important that the Mayor's Blue Ribbon Bikeways Committee build upon the City's recent success and
national recognition, and continue to advocate for cycling as a sustainable and safe mode of transportation
throughout the City. The Committee's goals can best be achieved through the creation of a permanent and
reconstituted committee serving in an advisory capacity to the City Commission on all matters pertaining to bicycle
and pedestrian mobility in the City.
For your consideration, the attached Ordinance establishes the Bicycle-Pedestrian Facilities Advisory Committee
(BPFAC) pursuant to Resolution No. 2013-28110, approved by City Commission on January 16, 2013. The
purpose of the BPFAC is to improve the lives of residents and visitors by promoting the development, sound
management, and use of public facilities dedicated to bicycles and pedestrians in the City, and to make
recommendations, as appropriate, to the City Commission and the City Administration.
Pursuant to the Ordinance, the Committee shall be composed of seven (7) members, each of whom shall be a
voting member who has demonstrated a high degree of interest, participation, and/or expertise in matters relating
to bicycles and pedestrians in the City. The Mayor and City Commissioners shall each make one (1) direct
appointment to the Committee. The Transportation Division of the Public Works Department will continue to serve
as Committee liaison and provide administrative and technical support to the new Committee.
The Administration recommends approving the Ordinance on First Reading.
Advisory Board Recommendation:
This item was approved by City Commission on January 16,2013 via Resolution No. 2013-28110 The item was
previously referred to the Neighborhoods/Community Affairs Committee (NCAC) for discussion by Mayor Matti
Herrera-Bower at the City Commission meeting on October 24, 2012. On November 19, 2012, the NCAC
recommended to change the Blue Ribbon Committee to a permanent Bicyde-Pedestrian Committee.
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary: N/A
Cit Clerk's Office Le islative Tracking:
~J~o~s~e~R~·~G~o~n~z=a~le=z~,P~·~E~··-T~r=an~s~p~o~rt~a~tio~n~M~a~n~ag~e~r~·~EX.~T-.6~7~6~8--------------------------------~
Si n-Offs:
r Assistant City Manager
JGG~'--1--
T:IAGENDA\2013\February 6\0rdinance On Changing the Mayor's Blue Ribbon Bikeways Committee to a Permanent Committee· SU ARYdocx
MIAMI BEACH 243
AGENDA ITEM
DATE
MIAMI BEACH
City of Miami Beach, 1700 Convention Ce11ter Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera-Bower and Members of the City Commission
FROM• Kathie G. Brooks, Interim City Manager ;If/ I--·
Date: February 6, 2013
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE BY
AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING
ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY
CREATING DIVISION 34, TO BE ENTITLED "BICYCLE-PEDESTRIAN
FACILITIES ADVISORY COMMITTEE," AND BY CREATING SECTIONS 2-
190.149 THROUGH 2-190.153 TO CREATE THE COMMITTEE AND
PROVISIONS ESTABLISHING THE COMMITTEE'S PURPOSE, POWERS AND
DUTIES, COMPOSITION, AND SUPPORTING DEPARTMENT; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
This item was approved by City Commission on January 16, 2013 via Resolution No. 2013-28110
The item was previously referred to the Neighborhoods/Community Affairs Committee (NCAC) for
discussion by Mayor Matti Herrera-Bower at the City Commission meeting on October 24, 2012. On
November 19, 2012, the NCAC recommended to change the Blue Ribbon Committee to a
permanent Bicycle-Pedestrian Committee.
RECOMMENDATION
The Administration recommends that this Ordinance be approved on First Reading.
BACKGROUND
The Mayor's Blue Ribbon Bikeways Committee was established originally by Mayor David Dermer in
2005 and subsequently continued by Mayor Matti Herrera-Bower to promote the use of bicycles as a
viable and sustainable mode of transportation in the City and to review, coordinate and promote
better and safer bicycling and bicycle facilities throughout the City for residents and tourists alike.
Initially, the concept of a Bicycle Committee was brought forth by residents and bicycle advocates in
the City who felt that the City of Miami Beach was in dire need of bicycle infrastructure, coupled with
the need to foster the well-being and quality-of-life of residents and communities through the
development of a progressive bicycle plan.
The Mayor's Blue Ribbon Bikeways Committee is comprised of neighborhood activists, business
owners and City staff. The Committee has typically convened on the third Wednesday of every
month and its objectives are to provide input on the City's bicycle infrastructure plans/projects and to
ensure the safety and mobility of bicyclists traveling in the City, both for recreational and commuter
244
Commission Memorandum -Ordinance on Changing the Mayor's Blue Ribbon Bikeways Committee To a
Permanent Committee, Entitled Bicycle-Pedestrian Facilities Advisory Committee
February 6, 2013
Page 2 of 3
purposes. In the last few years, however, there has been diminishing interest from committee
members.
Notwithstanding, the City has recently made great strides in welcoming bicyclists by providing safe
accommodations for cycling and encouraging people to bike for transportation and recreation. For
example, the DecoBike bicycle rental program has recorded over one million bicycle trips since
inception with a majority of those trips being commuter bicycle trips by residents. The statistic is
substantiated by new census data which has revealed that the City of Miami Beach is the tenth (1 0)
city in the country in the percentage of people using bicycles to commute to work. The City of Miami
Beach registered an estimated 6.3% of total workers using bicycles as their mode of transportation
to reach their workplace. These are impressive statistics given the country's average for commuter
bicycle trips is 0.56%. The City's mode split percentage is a clear indicator that Miami Beach is well
on its way to becoming a more livable, bikeable, sustainable, and healthier City.
ANALYSIS
It is important that the Mayor's Blue Ribbon Bikeways Committee build upon the City's recent
success and national recognition and continue to advocate for cycling as a sustainable and safe
mode of transportation throughout the City. The Committee's goals can best be achieved through
the creation of a permanent committee serving in an advisory capacity to the City Commission on all
matters pertaining to bicycle and pedestrian facilities and mobility in the City.
For your consideration, the attached Ordinance establishes the Bicycle-Pedestrian Facilities
Advisory Committee (BPFAC) pursuant to Resolution No. 2013-28110, approved by City
Commission on January 16, 2013. The purpose of the BPFAC is to improve the lives of residents
and visitors by promoting the development, sound management, and use of public facilities
dedicated to bicycles and pedestrians in the City and to make recommendations, as appropriate, to
the City Commission and the City Administration.
Pursuant to the Ordinance, the Committee shall be composed of seven (7) members, each of whom
shall be a voting member who has demonstrated a high degree of interest, participation, and/or
expertise in matters relating to bicycles and pedestrians in the City. The Mayor and City
Commissioners shall each make one (1) direct appointment to the Committee. The Transportation
Division of the Public Works Department will continue to serve as Committee liaison and provide
administrative and technical support to the new Committee.
The short-term goals of the BPFAC will include the following:
• Interacting with schools, business entities, communities, and residents to raise bicycle~pedestrian
awareness in the City.
• Promoting annual Bicycle Day and coordinating family-friendly bicycle events throughout the year,
such as Bike Miami Beach, Bike Rides, and other events.
• Advocating for future bicycle-pedestrian improvements in the City at the regional level through
involvement in the Miami-Dade Metropolitan Planning Organization (MPO) transportation planning
process via the MPO Bicycle-Pedestrian Advisory Committee.
• Becoming more engaged in the ongoing update of the Atlantic Greenway Network (AGN)/Bicycle
Master Plan to promote the use of alternative and sustainable forms of transportation throughout the
245
Commission Memorandum -Ordinance on Changing the Mayor's Blue Ribbon Bikeways Committee To a
Permanent Committee, Entitled Bicycle-Pedestrian Facilities Advisory Committee
February 6, 2013
Page 3 of 3
City.
Furthermore, the BPFAC will work closely with the League of American Bicyclists.
The League of American Bicyclists is a non-profit membership organization which promotes cycling
for fun, fitness, and transportation through advocacy and education. The League is one of the
largest membership organizations of cyclists in the United States and provides incentives, hands-on
assistance and award recognition for communities that actively support bicycling. It is important
that the City, through the BPFAC, engage and foster a partnership with the League.
CONCLUSION
By becoming a permanent City Committee serving in an advisory capacity to the City Commission,
the BPFAC can accomplish the goals set forth by the City Commission and make a difference at the
local level by advocating, at a regional and national level, for a more pedestrian and bike-friendly
Miami Beach.
KGB/JGG/FHB/JJF/RWS/JRG
T:\AGENDA\2013\February 6\0rdinance Changing the Mayor's Blue Ribbon Bikeways Committee To a Permanent Committee, Entitled
Bicycle-Pedestrian Facilities Advisory Committee MEMO.doc
246
ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
CITY CODE BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY CREATING DIVISION
34, TO BE ENTITLED "BICYCLE-PEDESTRIAN FACILITIES
ADVISORY COMMITTEE," AND SECTIONS 2-190.149 THROUGH 2-
190.153 THEREIN TO PROVIDE PROVISIONS ESTABLISHING THE
COMMITTEE AND ITS PURPOSE, POWERS AND DUTIES,
COMPOSITION, AND SUPPORTING DEPARTMENT; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the Mayor's Blue Ribbon Bikeways Committee ("Committee") was
established to promote the use of bicycles as a viable and sustainable mode of transportation in
the City and to review, coordinate, and promote better and safer bicycling and bicycle facilities
throughout the City for residents and tourists alike; and
WHEREAS, the objectives of the Mayor's Blue Ribbon Bikeways Committee are to
provide input on the City's bicycle infrastructure plans and projects, and to ensure the safety
and mobility of bicyclists traveling in the City, both for recreational and commuter purposes; and
WHEREAS, the City has recently made great strides in welcoming bicyclists by
providing safe accommodations for cycling and encouraging people to bike for transportation
and recreation; and
WHEREAS, it is important that the Mayor's Blue Ribbon Bikeways Committee build upon
the City's recent success and national recognition with regard to bike transportation, and
continue to advocate for cycling as a sustainable and safe mode of transportation throughout
the City; and
WHEREAS, the Committee's goals can best be achieved through the creation of a
permanent and reconstituted Bicycle-Pedestrian Facilities Advisory Committee serving in an
advisory capacity to the City Commission on all matters pertaining to bicycle and pedestrian
mobility in the City; and
WHEREAS, at its meeting on November 19, 2012, the Neighborhood/Community Affairs
Committee recommended that the Mayor's Blue Ribbon Bikeways Committee be changed to a
permanent City Committee to be known as the Bicycle-Pedestrian Facilities Advisory
Committee; and
WHEREAS, on January 16, 2013, the Mayor and City Commission adopted Resolution
No. 2013-28110 accepting the recommendation of the Neighborhood/Community Affairs
Committee to make the Mayor's Blue Ribbon Bikeways Committee a permanent committee to be
named the Bicycle-Pedestrian Facilities Advisory Committee.
247
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1.
That Chapter 2, Article Ill, of the Miami Beach City Code is hereby amended to create Division
34 thereof, and Sections 2-190.149 through 2-190.153 therein, as follows:
Chapter 2
ADMINISTRATION
* * *
Article Ill. Agencies, Boards and Committees
* * *
DIVISION 34. BICYCLE-PEDESTRIAN FACILITIES ADVISORY COMMITTEE
Section 2-190.149. Establishment.
There is hereby established the Bicycle-Pedestrian Facilities Advisorv Committee whose
purpose, powers, duties. and composition are set forth in this division.
Section 2-190.150. Purpose.
The purpose of the Bicycle-Pedestrian Facilities Advisorv Committee is to improve the lives of
residents and visitors by promoting the development, sound management, and use of public
facilities dedicated to bicycles and pedestrians in the City of Miami Beach and to make
recommendations. as appropriate, to the City Commission and the City Administration.
Section 2-190.151. Powers and duties.
The powers and duties of the committee shall be to provide advisory recommendations
regarding the use. operation, management, and development of public bicycle and pedestrian
facilities to the City Commission for such action as the City Commission may deem appropriate.
Section 2-190.152. Composition.
The committee shall be composed of seven (7) members. each of whom shall be a voting
member who has demonstrated a high degree of interest, participation, and/or expertise in
matters relating to facilities for bicycles and pedestrians in the City. The Mayor and City
Commissioners shall each make one direct appointment to the committee.
Section 2-190.153. Supporting department.
The supporting department of the committee is the Public Works Department.
2
248
SECTION 3. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. Severability.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 5. Codification.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 6. Effective Date.
This Ordinance shall take effect the __ day of _______ , 2013.
PASSED and ADOPTED this __ day of--------' 2013.
ATTEST:
RAFAEL GRANADO, CITY CLERK
(Sponsored by Mayor Matti Herrera Bower)
Underline denotes additions
MA Til HERRERA BOWER
MAYOR
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250
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 10 of the Miami Beach City Code entitled "Animals" by amending Section
10-11, entitled "Running At Large Prohibited" by extending the pilot off leash program for dogs in South
Pointe Park through and including June 30, 2013, providing for repealer, severability, codification and an
effective date.
K~y Intended Outcome Supported:
Maintain Miami Beach Public Areas and Rights of Way Citywide
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates
85% of residents rated the City's Recreation programs as either excellent or good.
Item Summa /Recommendation:
There have been several Commission/Commission Committee discussions/actions related to extending
the dogs off leash in South Pointe Park pilot program. The most recent include:
September 24, 2012 The NCAC unanimously moved to bring the concept of a hedge for the off-leash dog
area of South Pointe Park back to the City Commission and recommended extending the off-leash pilot
program through January 31, 2013.
November 14, 20121n response to the recommendation(s) of the NCAC Committee the City Commission
took the following actions:
A) Adopted Resolution R7E which accepted the Committee's recommendations to:
');;. Bring the concept of a hedge for the off-leash dog area of South Pointe Park back to the
City Commission, with the Commission further directing the Administration to file a new
application for a hedge for the off-leash area to the Design Review Board as soon as
possible; and
>-Extend the off-leash pilot program through March 31, 2013.
B) Amended and adopted the attached Ordinance on First Reading which extended the South Pointe
Park Dog Off-Leash Pilot Program through and including March 31, 2013.
December 11,2012 The Administration submitted the application for a hedge for the off-leash area of the
South Ponte Park to the Planning Department for presentation to the ORB.
December 12.2012 The City Commission approved extending the South Pointe Park Dog Off-leash Pilot
Program through and including March 31, 2013.
February 5, 2013 The Administration's application for a hedge for the off-leash area in South Pointe Park
is scheduled to be heard by the ORB.
The Administration recommends ado tin the Ordinance Amendment on 161 Readin .
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1
I I 2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
n-Offs:
Department Director City Manager
KS
T:\AGENDA\2013\February 6\Animal Ordinance Amendment Off Le
MIAMJBEACH 251
AGENDA ITEM ___,_€(--'-'5-........:D_
DATE ) -Cr'/_3
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager ~~ •
February 6, 2013 ' FIRST READING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MIAMI
BEACH CITY CODE ENTITLED "ANIMALS," BY AMENDING SECTION 10-
11, ENTITLED "RUNNING AT LARGE PROHIBITED," BY EXTENDING THE
PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE
PARK THROUGH AND INCLUDING JUNE 30, 2013; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration filed a new application to the Design Review Board to consider the
installation of a hedge around the perimeter of the South Pointe Dog Off-leash Area as
directed by the City Commission. This application is scheduled to be heard at the
February 5, 2013 Design Review Board meeting. Based on the prior history of this item
there is strong possibility that the ORB may require a public hearing and additional
review by the City Commission. As such, the off-leash pilot program for South Pointe
Park would expire.
In an abundance of caution, the Administration recommends approving the Ordinance
Amendment on First Reading to extend the pilot program until June 30, 2013.
KEY INTENDED OUTCOME SUPPORTED
Maintain Miami Beach Public Areas and Rights of Way Citywide
INTRODUCTION
At the January 28, 2009, Commission meeting, the Administration requested the matter
of dogs off-leash in City parks and other public properties in general, be referred to the
Neighborhood/Community Affairs Committee for discussion. This initial
Neighborhood/Community Affairs discussion was held on February 17, 2009. Since that
time there have been ongoing discussions as to how the City can find the proper levels
of services that address the needs of our residents and guests who own dogs with those
who do not.
These discussions have focused on the development of "bark parks" (fenced in areas in
parks specifically designed and designated for dogs to run off leash): access for the
dogs to water from a beach or park edge; the provision of dog bag/ waste stations that
are located throughout the city's parks, rights of way, Lincoln Road, the Beach walk and
other public areas; and the establishment of off-leash access in the parks to areas which
are unfenced/ unsecured where dogs would run off leash and beyond their owner's
control.
BACKGROUND
There are presently total of five fenced dog parks and one designated off-leash area
within the City's parks. These include Belle Isle, Flamingo, North Shore Open Space
252
Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited
February 6, 2013
City Commission Meeting
Page 2 of 4
Park, Pinetree, South Pointe (un-fenced/off-leash area) and Washington Avenue (two
sites).
One of the initial discussion issues focused on the development of a dog park within
South Pointe Park, an enclosed area similar to the dog parks in Flamingo, Washington
Avenue, Pinetree, or Belle Isle, or one without a fence.
The conclusion of the discussion was to build-out a larger dog park on Washington
Avenue, diagonal from the then-existing dog park on Collins Avenue and 2nd street. It
was also recommended that the City look at whatever amendments would be needed to
permit a pilot, off-leash area in a designated section of South Pointe Park, with limited
hours of use. The designation of an off-leash area was not only prohibited by City Code,
but it was also prohibited by County Code.
Since the initial discussions in early 2009, there have been several
Commission/Commission Committee discussions concerning dogs off leash in South
Pointe Park and the existing pilot program resulting in various actions. Select actions
are as follows:
• September 9, 2009, the City Commission approved, on second reading, an
Ordinance amending Chapter 10 of the Miami Beach Code entitled "Animals" to
allow the City Commission to designate specific off-leash areas for dogs in public
parks, specifically for South Pointe Park. The action established morning off-
leash hours (park opening (sunrise) to 9:00 A.M.) only in a specific, unenclosed
area of South Pointe Park located in the triangular area where the public art was
scheduled to be sited (south and west of the Washington Avenue entry plaza).
The item was amended to clarify that a South Pointe Park Dog Off-leash Pilot
Program would be for a trial period of six months, commencing only if/when
Miami-Dade County amended Section 5-20 of their Code pertaining to animals.
At the time of the City Ordinance approval, County Code prohibited dogs off
leash except in authorized park areas.
• May 4, 2010, the Miami-Dade County Commission adopted the ordinance
amendment at their Board of County Commissioners meeting amending Section
5-20 of their Code pertaining to animals.
• June 10, 2010, the initial South Pointe Park Dog Off-leash Pilot Program began.
• February 3, 2011, the Neighborhood/Community Affairs Committee held a
discussion concerning the South Pointe Park Dog Off-leash Pilot Program and
recommended extending the trial period, as well as adding two (2) additional
hours in the evening on Monday through Friday only (hours to be determined).
They also discussed the concept of adding a hedge to surround the off-leash
area once it returns to its permanent area (from where it had to be moved when
the Lighthouse art sculpture was being installed). It was concluded that the item
would return to Committee after the installation of the public art, and if the off-
leash program was approved to continue, to discuss whether the off-leash area
should move back to the original site, or remain at the current location (portion of
west lawn).
• October 19, 2011, the City Commission approved an ordinance on second/final
reading that extended the pilot off-leash program until January 1, 2012, and
added two (2) hours in the evening from 5:00 P.M. To 7:00 P.M., Monday
through Friday. 253
Ordinance Amendment To C!Japter 10-Section 10-11 Running At Large Prohibited
February 6, 2013
City Commission Meeting
Page 3 of4
• January 11. 2012, the City Commission approved an ordinance amendment on
second reading to extend the South Pointe Park Dog Off-leash Pilot Program
until July 15, 2012, modified the off-leash hours in the designated area in the
morning from sunrise to 10:00 AM. daily and between 4:00 P.M. and 7:00 P.M.
Monday through Friday and relocated the off-leash area to the west lawn, south
and east of the Washington Avenue entry plaza. The Commission also
instructed the Administration to file an application to the Design Review Board
(ORB) for the approval of a hedge in the newly established location.
• March 6. 2012, the ORB held a hearing on the Administration's application for the
approval of a hedge in the newly established location of the off-leash area in
South Pointe Park.
• March 13. 2012, ORB rendered an Order imposing conditions that effectively
denied the Administration's request for a hedge by stating "there shall be no
hedge to define the area" and the off-leash area "shall not be located in area #3,
surrounding the arts in public places 'lighthouse project'."
• Apri111. 2012, the City Commission approved a resolution setting a public hearing,
pursuant to Section 118-262 of the City Code, requesting a review of the Design
Review Board decision rendered on March 13, 2012 (ORB File No. 22894)
pertaining to the design review approval for a hedge for a City Commission
designated off-leash dog area within the western portion of South Pointe Park.
• May 9. 2012, a City Commission item was introduced calling for a public hearing to
consider the appeal of the Design Review Board Order in File No. 22894)
pertaining to the design review approval for a hedge for a City Commission
designated off-leash dog area within the western portion of South Pointe Park. In
addition, a resolution setting forth an order (granting or denying) an appeal
request by the City Manager of the City of Miami Beach, pertaining to a decision
of the Design Review Board (ORB) for South Pointe Park was presented.
At the conclusion of the discussion a motion was made by Vice-Mayor Libbin to
continue the consideration of reversing the ORB Appeal to the June 6, 2012
Commission Meeting; seconded by Commissioner Exposito; Voice vote 6-1;
Opposed: Commissioner Wolfson.
• June 6, 2012, the City Commission item, deferred from the May 9, 2012
Commission, calling for a public hearing to consider the appeal of the Design
Review Board Order in File No. 22894) pertaining to the design review approval
for a hedge for a City Commission designated off-leash dog area within the
western portion of South Pointe Park was again introduced.
In addition, a resolution setting forth an order (granting or denying) an appeal
request by the City Manager of the City of Miami Beach, pertaining to a decision
of the Design Review Board (ORB) for South Pointe Park was presented.
Following a discussion the motion to support the appeal failed and the appeal of
the ORB order was denied.
• July 18. 2012, the City Commission held the public hearing and approved the
ordinance on second reading extending the South Pointe Park Dog Off-leash
Pilot Program through and until December 31, 2012.
254
Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited
February 6, 2013
City Commission Meeting
Page 4 of4
Additionally, the Commission requested the matter be sent back to the
Neighborhood/Community Affairs Committee to discuss in greater detail the
number of documented violations that have transpired since the South Pointe
Park Dog Off-leash Pilot Program began in June, 2010.
• November 14. 2012, the City Commission:
A) Adopted Resolution R7E which accepted the NCAC Committee's
recommendations to;
? Bring the concept of a hedge for the off-leash dog area of South Pointe Park
back to the City Commission, with the Commission further directing the
Administration to file a new application for a hedge for the off-leash area to
the Design Review Board as soon as possible; and
? Extend the off-leash pilot program through March 31, 2013.
B) Amended and adopted the attached Ordinance on First Reading which extended
the South Pointe Park Dog Off-Leash Pilot Program through and including
March 31, 2013.
• December 11, 2012, the Parks and Recreation Department submitted the
application for a hedge for the off-leash area of the South Ponte Park to the
Planning Department for presentation to the Design Review Board.
• December 12. 2012, the City Commission held the public hearing and approved
the ordinance on second reading extending the South Pointe Park Dog Off-leash
Pilot Program through and including March 31, 2013.
• February 5. 2013, the Administration's application for a hedge for the off-leash
area in South Pointe Park is scheduled to be heard by the Design Review Board.
ANALYSIS
As directed by the City Commission at their November 14, 2012 meeting the
Administration filed a new application to the Design Review Board to consider the
installation of a hedge around the perimeter of the South Pointe Dog Off-leash Area.
This application is included in the February 5, 2013 Design Review Board agenda.
Depending upon the Board's action and the City Commission subsequent directives it is
possible that the time required to address these issues may extend past the current Pilot
Program Off-Leash Area for Dogs in South Pointe Park expiration date of March 31,
2013, as was approved on second reading by the City Commission at their December
12, 2012 meeting.
CONCLUSION
The Administration recommends the adoption of the proposed ordinance amendment
extending the South Pointe Park Dog Off-Leash Pilot Program as presented on first
reading.
KGB/MAS/KS
T:\AGENDA\2013\February 6\Animal Ordinance Amendment Off Leash Pilot Program Extension 1st rdg
MEMO.doc
255
ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE
MIAMI BEACH CITY CODE ENTITLED "ANIMALS," BY AMENDING
SECTION 10-11, ENTITLED "RUNNING AT LARGE PROHIBITED," BY
EXTENDING THE PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN
SOUTH POINTE PARK THROUGH AND INCLUDING JUNE 30, 2013;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 5-20 of the Miami-Dade County Code, "a dog may be
unrestrained and shall not be deemed at large if it is supervised by a competent person and is
(i) in a park area in which dogs are specifically authorized by a municipality or by the County to
be unrestrained ... "; and
WHEREAS, on September 9, 2009, the Mayor and City Commission adopted Ordinance
No. 2009-3646 which specifically authorized dogs to be unrestrained and off-leash in South
Pointe Park for a pilot program in the triangular area south and west of the Washington Avenue
entry plaza from sunrise to 9:00 A.M. daily, or during such hours as may be specifically
designated by a resolution of the City Commission after a public hearing; and
WHEREAS, on October 19, 201 i, the Mayor and City Commission adopted Ordinance
No. 2011-3743 which extended the pilot program in South Pointe Park until January 1, 2012,
and extended the off-leash hours in South Park by adding two (2) hours in the evening from
5:00P.M. to 7:00P.M. on Monday through Friday; and
WHEREAS, on January 11, 2012, the Mayor and City Commission adopted Ordinance
No. 2012-3750 which extended the off-leash hours in the designated area in South Pointe Park
from sunrise to 10:00 A.M. daily, and in the evening from 4:00 P.M. until sunset on Monday
through Friday, relocated the off-leash dog area to the area south and east of the Washington
Avenue entry plaza, and extended the off-leash pilot program to July 15, 2012; and
WHEREAS, on May 22, 2012, the Neighborhoods/Community Affairs Committee
(NCAC) recommended that the off-leash pilot program in South Pointe Park be extended
through December 31, 2012; and
WHEREAS, following a First Reading on June 6, 2012, and after a Second
Reading/Public Hearing on July 18, 2012, the Mayor and City Commission adopted Ordinance
No. 2012-3772 which extended the off-leash pilot program in South Pointe Park through and
including December 31, 20 12; and
WHEREAS, on September 24, 2012, the Neighborhoods/Community Affairs Committee
recommended that the off-leash pilot program in South Pointe Park be extended through
January 31, 2013; and
WHEREAS, on November 14, 2012 the City Commission: a) adopted Resolution No.
2012-28070 which accepted the NCAC Committee's recommendations to bring the concept of a
hedge for the off-leash dog area in South Pointe Park back to the City Commission, with the
Commission further directing the Administration to file a new application for a hedge for the off-
256
leash area to the Design Review Board as soon as possible; and to extend the off-leash pilot
program through and including March 31, 2013; and b) approved an Ordinance on First Reading
to extend the off-leash pilot program in South Pointe Park through and including March 31,
2013; and
WHEREAS, on December 11, 2012, the Parks and Recreation Department submitted
the application for a hedge for the off-leash dog area in South Ponte Park to the Planning
Department for presentation to the Design Review Board; and
WHEREAS, on December 12, 2012, the City Commission held a Public Hearing and
adopted Ordinance No. 2012-3785 on Second Reading extending the dog off-leash pilot
program through and including March 31, 2013; and
WHEREAS, on February 5, 2013, the Administration's application for a hedge for the off-
leash area in South Pointe Park is scheduled to be heard by the Design Review Board; and
WHEREAS, depending upon the Design Review Board's action and the City
Commission's subsequent directives, it is possible that the time required to address these
issues may extend past the current expiration date of March 31, 2013 for the off-leash pilot
program in South Pointe Park, therefore an extension of the off-leash pilot program to June 30,
2013 is proposed herein.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Chapter 10, Section 10-11 of the Miami Beach City Code is hereby amended as follows:
Chapter 10
ANIMALS
* * *
Sec. 10-11. Running at large prohibited.
It shall be prohibited for the owner or person in control of any animal to permit the animal to run
at large. All animals, when not on the premises of their owner or of the person in control, must
be on a leash or contained in a carrier device and under the control of a competent person,
except that in South Pointe Park, in the designated area south and east of the Washington
Avenue entry plaza, dogs may be off-leash from sunrise to 10:00 A.M. daily and from 4:00P.M.
to 7:00 P.M. on Monday through Friday, or during such other hours as may be specifically
designated by a resolution of the city commission after a public hearing, through and including
March 31, 2013 June 30, 2013.
2
257
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the_ day of March, 2013.
PASSED and ADOPTED this_ day of March, 2013.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
MA TTl HERRERA BOWER
MAYOR
Underline denotes additions and strike through denotes deletions
APPROVED AS TO
FORM & LANGU;'\GE
& FOrt EXECUTION
T:\AGENDA\2013\February 6\Animal Ordinance Amendment Off Leash Pilot Program Extension 1st rdg ORD.docx
3
258
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amendment proposing to modify the CD-2 District regulations in order to allow self
stora e warehouses as a Conditional use in certain areas of the City.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is "about the right amount."
Item Summa /Recommendation:
FIRST READING
The proposed Ordinance would amend the CD-2 District regulations in order to allow self storage
warehouses as a Conditional use in certain areas of the City.
The Administration recommends that the City Commission approve the Ordinance, as modified by the
Land Use and Development Committee on December 19, 2012, at First Reading and set a Second
Readin Public Hearin for March 13, 2013.
On October 30, 2012, the Planning Board (PB File No. 2017) transmitted the subject Ordinance to
the City Commission with a favorable recommendation by a vote of 5-2.
Financial Information:
Source of Amount
Funds: 1
D 2 I
3
OBPI Total
Financial Impact Summary:
The proposed ordinance is not expected to have a significant financial impact.
. Ctty Clerk's Offtce Le tslattve Tracktn
Richard Lorber or Thomas Mooney
Sign-Offs:
MIAMtBEACH 259
Account
AGENDA ITEM .. __._.R'-"'5;......:E=---
DATE '2--(:,-13
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM
DATE:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manage~(/'1, ~ .
February 6, 2013
FIRST READING
SUBJECT: CD-2 Self Storage
A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, BY CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 5,
CD-2 "COMMERCIAL, MEDIUM INTENSITY DISTRICT," BY PERMITING
"SELF-STORAGE WAREHOUSES" AS A CONDITIONAL USE IN THIS
ZONING DISTRICT; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on First Reading and set a Second Reading Public Hearing for
March 13, 2013.
BACKGROUND
The subject Ordinance was initially referred to the Land Use and Development
Committee (LUDC) at the April 13, 2011 City Commission meeting (Item C4G) and was
first reviewed by the LUDC on May 18, 2011. On May 16, 2012, the proposed project for
a mini storage warehouse at ih Street and Alton Road was presented to the Land Use
and Development Committee. Several speakers commented on the proposed project
and ordinance amendment, and the Committee discussed the possible impacts on the
neighborhood. The LUDC then referred the item to the Planning Board, with direction to
address limiting the proliferation of this use, and to address issues of signage.
ANALYSIS
Currently the City Code only permits "warehouse" use in the CD-1, Commercial Low
Intensity zoning district as a Conditional Use (see attached map of CD-1 Districts), and
as a main permitted use in the 1-1 Urban Light Industrial District; this use is not
permitted in any other zoning district in the City. Because the less intense CD-1, Low
Intensity, zoning district already allows for "Warehouses" as Conditional Uses, staff
believes that it would be appropriate to update the list of Conditional Uses within the
CD-2, Commercial, Medium Intensity, zoning district by adding "Self-Storage
Warehouses" as Conditional Uses.
However, while there appears to be a need for this type of use throughout the City,
staff believes that the use may not be compatible on every property within the CD-2
district. Additionally, very strict operational and design conditions would need to be
placed on any Conditional Use approval granted for self storage facilities in a C0-2
district.
260
Commission Memorandum
CD-2 Self Storage
February 6, 2013 Page 2 of 3
It should be noted that the CD-2 districts throughout the City are either adjacent to
residential uses or separated only by alleys. One of the concerns that has been raised
is the compatibility of self-storage warehouses to the residential areas that are in close
proximity, as well as the traffic, parking and the noise that may be generated by this use.
A self-storage warehouse is categorized as an establishment engaged in renting or
leasing secure space for self-storage such as rooms, compartments, lockers, containers
or outdoor space where clients can store and retrieve their goods.1
A map showing CD-2 districts throughout the City that would also be affected by this
proposed amendment is attached to this report.
Planning Department staff has been working on a conceptual Alton Road Overlay
District, and recommended to the Planning Board that the proposed warehouse concept
be conditioned upon the inclusion of the type of safeguards and protections that the
Overlay District guidelines for development propose. These include increased rear
setbacks and reduced height abutting adjacent residential properties. The proposed
Ordinance amendment places additional restrictions on the overall height, bulk &
massing (FAR) of self storage facilities, and requires that all portions of the structure
facing a street or sidewalk be substantially activated.
The proposed Ordinance would require that self-storages facilities in a CD-2 District
obtain Conditional Use approval by the Planning Board. In addition to determining
whether a self storage facility is an appropriate and compatible use for a particular
property, the Board would also be able to fully address traffic, scale, massing, operations
and any other relevant aspect of this use. Traffic, vehicular circulation and parking will be
addressed through the formal 'Conditional Use' process, so as to avoid or mitigate any
adverse impacts to adjacent residential districts.
Staff believes that when combined with a thorough review by the Planning Board, as part
of the CUP process, as well as the approval of the Design Review Board (ORB) or
Historic Preservation Board (HPB), the compatibility of a proposed self storage facility
will be well vetted.
The proponent of the proposed amendment currently proposes to develop the property
located at 633 Alton Road, which is located within the expanded Flamingo Park Local
Historic District and is adjacent to an RM-1 residential multifamily district, separated only
by an alley from three residential buildings. In this particular instance, should the subject
Ordinance move forward, any future CUP application for this site would need to address
the complete buffering of the residential area to the east, traffic circulation, lighting and
loading access. As this particular property is located adjacent to the Alton Road flyover,
there is a rationale for exploring the feasibility of the proposed use, provided all of the
aforementioned issues can be successfully addressed.
On December 19, 2012, the Land Use and Development Committee reviewed the
Planning Board recommended Ordinance. The Land Use Committee determined that the
application of self storage facilities, as a Conditional Use, would be appropriate in certain
areas of the City, but not all areas. Specifically, the Committee recommended that only
the CD-2 districts located in the following areas should be permitted to have self storage
as a Conditional Use:
1 U.S. Census Bureau, "Industry Statistics Sampler," www.census.gov/econ/industry/def
261
Commission Memorandum
CD-2 Self Storage
February 6, 2013
• Along Alton Road
• Within Sunset Harbour
• Along Harding Avenue in North Beach
Page 3 of 3
The Land Use Committee transmitted the Ordinance to the full City Commission for a
final decision, with this specific recommendation.
PLANNING BOARD REVIEW
On October 30, 2012, the Planning Board transmitted the subject Ordinance (by a vote
of 5-2, with Jonathon Beloff, Daniel Veitia, Charles Urstadt, Robert Wolfarth & Randy
Weisburd in support, and Henry Stolar & Jean Francois Lejeune opposed) to the City
Commission with a favorable recommendation.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions,"
this shall confirm that the City Administration evaluated the long term economic impact (at
least 5 years) of this proposed legislative action.
The subject Ordinance is not expected to have any significant fiscal impact.
CONCLUSION
The Administration recommends that the City Commission approve the subject
Ordinance, as modified by the Land Use and Development Committee, at First Reading,
and set a Second Reading Public Hearing for March 13, 2013.
KGB/JGG/RGL:trm
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CD-2 SELF STORAGE
ORDINANCE NO. ____ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 5, CD-2 "COMMERCIAL, MEDIUM
INTENSITY DISTRICT," BY PERMITING "SELF-STORAGE
WAREHOUSES" AS A CONDITIONAL USE IN THIS ZONING
DISTRICT; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, a self-storage warehouse is categorized as an establishment
engaged in renting or leasing secure space for self-storage such as rooms,
compartments, lockers, containers or outdoor space where clients can store and retrieve
their goods 1 ; and
WHEREAS, the CD-1, Low Intensity, zoning district, a less intense zoning
classification than the CD-2, Commercial, Medium Intensity zoning district already allows
for "Warehouses" as Conditional Uses; and
WHEREAS, it is appropriate to update the actual list of Conditional Uses within
the CD-2, Commercial, Medium Intensity, zoning district by adding "Self-Storage
Warehouses" as Conditional Uses; and
WHEREAS, changing the actual list of Conditional Uses within the CD-2,
Commercial, Medium Intensity, zoning district by adding "Self-Storage Warehouses" as
Conditional Uses is necessary to ensure the that new development is compatible and in
scale with the built environment, and is in the best interest of the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. City Code Chapter 142, "Zoning Districts and Regulations," Article II,
"District Regulations," Division 5, CD-2 "Commercial, Medium Intensity District," Section
142-303, "Conditional Uses," is hereby amended as follows:
Sec. 142-303. Conditional Uses.
The conditional uses in the CD-2 commercial, medium intensity district are adult
congregate living facilities; funeral home; nursing homes; religious institution;
pawnshops; video game arcades; public and private institutions; schools; any use selling
gasoline; new construction of structures 50,000 square feet and over (even when divided
by a district boundary line), which review shall be the first step in the process before the
review by any of the other land development boards; outdoor entertainment
establishment; neighborhood impact establishment; open air entertainment
1 U.S. Census Bureau, "Industry Statistics Sampler," www.census.gov/econ/industrv/def
(5/4/2011)
263
establishment; self-storage warehouses; and storage and/or parking of commercial
vehicles on a site other than the site at which the associated commerce, trade or
business is located. See section 142-1103.
For purposes of this section. in addition to the Conditional Use criteria in Section 118-
192 (a), self-storage warehouses shall only be permitted to be considered by the
Planning Board as a Conditional Use within the following CD-2 areas:
1. Those properties located along Harding Avenue. between 65th Street and 69 1h Street;
2. Those properties along Alton Road between 61h Street and the south side of 20 1h
Street;
3. Those properties within the Sunset Harbour area, generally bounded by Bay Road,
Dade Boulevard and West Avenue.
Additionally, self-storage warehouses shall follow the Development Regulations for "self-
storage warehouse" in Section 142-306 and Setback Requirements in 142-307.
SECTION 2. City Code Chapter 142, "Zoning Districts and Regulations," Article II,
"District Regulations," Division 5, CD-2 "Commercial, Medium Intensity District," Section
142-306, "Development Regulations," is hereby amended as follows:
Sec. 142-306. -Development regulations
The development regulations in the CD-2 commercial, medium intensity district are as
follows:
Maximum Minimum Minimum Minimum Average Maximum Maximum
Floor Lot Area Lot Width Apartment Apartment Building Number
Area Ratio (Square Feet) (Feet) Unit Size Unit Size Height of Stories
(Square Feet) (Square Feet) (Feet)
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264
1.5 Commercial-Commercial-Commerciai-N/A Commerciai-N/A 50 (except as 5 (except as
None None New construction-New construction-provided in provided in
Residential-Residential-50 550 800 section 142-section 142-
7,000 Rehabilitated Rehabilitated 1161.Self-1161
buildings-400 buildings-550 storage
Non-elderly and Non-elderly and warehouse-
elderly low and elderly low and 40 feet, Self-storage
moderate income moderate income excegt that warehouse-
housing: See housing: See the building 1_.
section 142-1183 section 142-1183 height shall
Hotel unit: Hotel units-N/A be limited to
15%:300-335 25 feet within
85%: 335+ 50 feet from
the rear
groQerty-line
for lots
abutting an
alleY'; and
within 60 feet
from a
residential
district for
blocks with no
alley.
Notwithstanding the above regulations, the maximum floor area ratio (FAR) for "self~
storage warehouse" shall be 1.5. The floor area ratio provision for mixed use buildings in
section 142~307(d)(2) shall not apply to self-storage warehouses.
SECTION 3. City Code Chapter 142, "Zoning Districts and Regulations," Article II,
"District Regulations," Division 5, CD-2 "Commercial, Medium Intensity District," Section
142-307 "Setback requirements," is hereby amended as follows:
(a) The setback requirements for the CD-2 commercial, medium intensity district are as
follows:
Front Side, Side, Facing Rear
Interior a Street
At-grade 5 feet 5 feet 5 feet 5 feet
parking lot on If abutting an alley-0
the same lot feet
Subterranean 0 feet 0 feet 0 feet 0 feet
Pedestal and o feet 10 feet when 10 feet when 5 feet
tower Residential uses shall abutting a abutting a 10 feet when abutting
(non-follow the RM-1, 2, 3 residential residential district, a residential district
oceanfront) setbacks district, unless separated unless separated by a
(See sections 142~ otherwise none by a street or street or waterway in
156, 142~218 and 142-Residential waterway which case it shall be
247 uses shall otherwise none 0 feet. Residential
3 of 5
265
follow the RM-Residential uses uses shall follow the
1' 2, 3 shall follow the RM-1, 2, 3 setbacks
setbacks RM-1,2,3 (See sections 142-
(See sections setbacks 156, 142-218 and
142-156, 142-(See sections 142-247
218 and 142-142-156, 142-218
247 and 142-247
Pedestal and Pedestal-15 feet Commercial Commercial 25% of lot depth, 75
tower Tower-20 feet+ 1 uses-10 feet uses-1 0 feet feet minimum from
(oceanfront) foot for every 1 foot Residential Residential uses the bulkhead line
increase in height uses shall shall follow the whichever is greater
above 50 feet, to a follow the RM-RM-1, 2, 3 Residential uses shall
maximum of 50 feet, 1' 2, 3 setbacks follow the RM-1, 2, 3
then shall remain setbacks (See sections setbacks
constant. Residential (See sections 142-156, 142-218 (See sections 142-
uses shall follow the 142-156, 142-and 142-247 156, 142-218 and
RM-1, 2, 3 setbacks 218 and 142-142-247
(See sections 142-247
156, 142-218and 142-
247
-
(b) The tower setback shall not be less than the pedestal setback.
(c) Parking lots and garages: If located on the same lot as the main structure the
above setbacks shall apply. If primary use the setbacks are listed in subsection
142-1132(n).
(d) Mixed use buildings: Calculation of setbacks and floor area ratio:
(1) Setbacks. When more than 25 percent of the total area of a building is
used for residential or hotel units, any floor containing such units shall
follow the RM-1, 2, 3 setback regulations.
(2) Floor area ratio. When more than 25 percent of the total area of a building
is used for residential or hotel units, the floor area ratio range shall be as
set forth in the RM-2 district.
(3) The maximum floor area ratio (FAR) for "self-storage warehouse" shall be
1.5. The floor area ratio provision for mixed use buildings in section 142-
307{d)(2) above shall not apply to self-storage warehouses.
{§.1 Notwithstanding the above setback regulations, "self-storage warehouse" in this
district shall have the following setbacks:
ill Front-5 feet.
{61 Side facing a street-5 feet.
Ql Interior side-7.5 feet or 8 percent of the lot width, whichever is greater;
@ Rear -for lots with a rear property line abutting a residential district the
rear yard setback shall be a minimum of 25 feet; for lots with a rear
property line abutting an alley the rear setback shall be a minimum of 7.5
feet.
SECTION 4. City Code Chapter 142, "Zoning Districts and Regulations," Article II,
"District Regulations," Division 5, C0-2 "Commercial, Medium Intensity District," Section
142-308 " Additional regulations for new construction," is hereby amended as follows:
.@1 In the CD-2 district, all floors of a building containing parking spaces shall
4 of 5
266
incorporate the following:
* * *
.(Q1 In the CD-2 district. each side of the first floor frontage of a self-storage
warehouse building facing a street or sidewalk. shall include office. retail or
commercial uses. Not less than 60% of each street frontage shall consist of
office. retail or commercial uses, and the remaining portion of each street front
shall consist of non-commercial, recessed display areas or similar treatment. The
Design Review Board or Historic Preservation Board. as applicable, may permit a
lesser amount of office, retail or commercial frontage, if it is determined that site
conditions warrant a reduction. In the event a lesser portion of office, retail or
commercial space is permitted, the remaining portion of each street front shall
consist of non-commercial, recessed display areas or similar treatment.
SECTION 5. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 6. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 7. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 8. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this __ day of-------· 2013.
ATTEST:
CITY CLERK
First Reading: February 6, 2013
Second Reading: March 13, 2013
Underscore denotes new language
Verified by:---------
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
T:\AGENDA\2013\February 6\CD-2 Self Storage-ORO 1st rev.docx
5 of 5
267
MAYOR
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 12 Of The
Miami Beach City Code, Entitled "Arts, Culture And Entertainment," By Amending Article I Thereof, Entitled "Film And
Print Production Permits," By Amending Section 10 Entitled "Enforcement"; And Providing For Repealer, Codification,
Severability, And An Effective Date.
Key Intended Outcome Supported:
Diversify Business Base in Miami Beach
Supporting Data (Surveys, Environmental Scan, etc.): In 2012 the City issued 1,004 total film and print permits. Of
those, 54 separate entrees for locations in single family homes with a total of 182 days in total.
Item Summary/Recommendation:
On April 18, 2001, the City Commission adopted Ordinance No. 2001-3303 which established procedures and criteria for
the issuance of film permits in the City. At the same time, the City Commission adopted a companion Resolution that
established Film and Print Guidelines. The guidelines, while somewhat burdensome and cost prohibitive to some
productions, are designed to maintain the integrity of a neighborhood, and have become a model other communities
have referenced when trying to create their own.
As you know, the City has also been reviewing the City Code to standardize and streamline enforcement provisions.
The Film and Print Ordinance is a section that would be more appropriately addressed through a set fine schedule. A
violator can elect to pay the fine as outlined in the established fine schedule, or request an administrative hearing before
the Special Master to appeal the decision of the Code Compliance Officer, which resulted in the violation being issued.
The proposed ordinance reflects this change.
The City periodically reviews it's guidelines to determine if amendments are necessary. The City's Production Industry
Council (PIC) has reviewed amendments to the guidelines at numerous meetings since January 2012. In considering
amendments PIC recognized the long-term value of managing and promoting this industry, and proactively encouraging
its continued growth.
The proposed amendments to the Film and Print Guidelines are being presented as a companion item on today's
agenda for the City Commission's consideration.
Advisory Board Recommendation:
Neighborhood and Community Affairs Committee discussed this item on April 24, September 24, 2012, October 15,
2012 and November 19, 2012. The Production Industry Council (PIC) has reviewed amendments to the guidelines at
numerous meetings since January 2012.
Financial Information·
Source of Amount
Funds: 1
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
I Max Sklar, Acting Assistant City Manager
Sign-Offs:
Department Director
T:\AGENDA\2013\February 6\Film and Print ORDINANCE Amend
MIAMI BEACH 277
Account
·ty Manager
KGB
~r-F AGENDA ITEM J.~~~:....~---
DATE Z-b-/5
lrl MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, wvvw.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM Kathie G. Brooks, Interim City Manager ;t( ,/'h /--.
DATE:
SUBJECT:
February 6, 2013 FIRST READING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE MIAMI BEACH CITY CODE,
ENTITLED "ARTS, CULTURE AND ENTERTAINMENT," BY AMENDING ARTICLE I
THEREOF, ENTITLED "FILM AND PRINT PRODUCTION PERMITS," BY AMENDING
SECTION 10 ENTITLED "ENFORCEMENT"; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the recommended ordinance amendments on first reading and
schedule the second reading and public hearing for March 13, 2013. There is also a companion item on
today's City Commission agenda with recommended amendments to the City's Film and Print Production
Guidelines.
KEY INTENDED OUTCOME SUPPORTED
Diversify Business Base in Miami Beach
BACKGROUND
On April 18, 2001, the City Commission adopted Ordinance No. 2001-3303 which established procedures and
criteria for the issuance of film permits in the City. At the same time, the City Commission adopted a
companion Resolution that established Film and Print Guidelines. The Film & Print guidelines outline
insurance, indemnity and application requirements; basic requirements for Police and other municipal services;
do's and don'ts of filming; restrictions; and requirements. They also include requirements for residential
production requests, as well as more detailed enforcement policies. These guidelines have been designed to
allow the City flexibility in the coordination of productions. Rarely are productions "cookie cutter" in nature, and
flexibility in the review and approval process allows City staff to be proactive and responsive in accommodating
the varying needs of this industry, while mitigating any impacts of the production on the neighborhood(s).
The Tourism and Cultural Development Department, Office of Film and Special Events, is responsible for
facilitating compatible production and, with the oversight of the City Manager's office, issues Film and Print
Permits. The Office serves the needs of the City's thriving production community while safeguarding the City's
neighborhoods and businesses. The Office of Film and Special Events issues close to 1000 film permits each
year and is an information resource to productions, businesses and residents alike.
Film and Print production is a coveted industry, responsible for substantial direct and indirect economic impact
to Miami Beach. In 2011, using data collected from the Miami Beach and Miami-Dade film permit systems,
Miami Beach alone issued 968 film and print permits for location filming, accounting for $87,070,838 dollars
spent and 22,209 room nights all within Miami Beach. This information is collected by the City and the County
from the productions as part of the permit application process. Miami Beach was part of the key leadership in
pushing through the state of Florida's largest film and entertainment incentive in 2010, which has accounted for
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City Commission Meeting
Film and Print Ordinance
Proposed Amendments
February 6, 2013 Page 2
116 new projects, spending over $827 Million in Florida qualified expenditures (of that, $465 Million in wages
for over 136,000 Florida jobs) and nearly 150,000 room nights for the Southeast region of the state (Miami·
Dade, Broward, Palm Beach, Monroe counties), including the recent upswing of productions in our community,
such as Miami Beach·set "Magic City," the filmed in Miami Beach for LA "Rock of Ages" as well as the
upcoming release of "Step Up Forever." The images taken here in all mediums are transmitted throughout the
world and are a true engine for our tourism destination. Historically, from Frank Sinatra to Jackie Gleason, the
production industry has filled our hotels and restaurants, led to urban renewal and substantial investment,
enhanced media attention and awareness for the destination and created jobs for residents. It is a green, self
marketing economic windfall and is always at risk of being wooed to our competition, whether within Florida
(Orlando, Tampa, Jacksonville), nearby states (Georgia, Louisiana) or outside the country altogether (Puerto
Rico, or Columbia).
The guidelines, while somewhat burdensome and cost prohibitive to some productions, are designed to
maintain the integrity of a neighborhood, and have become a model other communities have referenced when
trying to create their own. Though rarely explored to such limits, the Film and Print Guidelines allow any
residential property in the City of Miami Beach to host production activity a maximum of sixty (60) days within a
six (6) month period. The number of days the guidelines allows takes into consideration the most frequent
production uses of Miami Beach residences, fashion/ print productions, which most often are contained to one
motor home; reality shows, which minimize the production elements altogether to capture a more realistic
setting; and telenovelas (most by locally based Telemundo), which have worked to streamline their production
requirements and minimize their hours to be able to utilize such locations regularly for their daily soap opera
schedule. Miami Beach residential properties are in demand for series television and feature film use, from
"Burn Notice" and "Magic City" to "Pain and Gain," starring Mark Wahlberg and Dwayne "The Rock" Johnson
and "Iron Man 3."
PROPOSED FILM & PRINT ORDINANCE AMENDMENTS
As you know, the City has been reviewing the City Code to standardize and streamline enforcement
provisions. The Film and Print Ordinance is a section that would be more appropriately addressed through a
set fine schedule. A violator can elect to pay the fine as outlined in the established fine schedule, or request
an administrative hearing before the Special Master to appeal the decision of the Code Compliance Officer
which resulted in the violation being issued. This will ensure that the violator is still afforded due process. The
following are the proposed amendments to the enforcement and penalty provisions:
(1 0) Enforcement.
a. Permits shall be maintained at the site on which the photography or filming occurs. Upon the
request of any police officer or code compliance officer of the city, the owner, lessee of the property
or representative of the production company, shall produce such permit for inspection.
b. Persons engaged in film and print activities without a permit, or otheM'ise in violation of a
permit, this section or the film and print regulations provided for herein, shall be subject to
enforcement by city police or code compliance officers, through the issuance of immediate cease
and desist orders, the violation of 'Nhich may subject the offender to arrest, and/or enforcement as
provided for in section 1 14 of this Code, and/or notices of violation referred to special masters, who
have authority to issue fines or enforce compliance, as provided for in Chapter 30 of this Code.
Police or code compliance officers will coordinate enforcement with the office of arts, culture and
entertainment. As ·an alternate and supplemental remedy, the city may enforce this section by
injunctive relief in any court of competent jurisdiction, and in such circumstance the city shall be
entitled to recover its reasonable attorneys' fees and costs. For repeat offenders, the manager or
designee may decline to issue permits to such person or entity for one year, or such other period as
the manager deems appropriate.
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(ill Enforcement and Penalties.
(a) Civil fine for violators. The following civil fines shall be imposed for a violation of this section:
(1) First offense within a 12 month period shall be a fine of $500.00;
(2) Second offense within a 12 month period shall be a fine of $1500.00;
(3) Third offense and subsequent offenses within a 12 month period shall be
a fine of $3000.00.
Page 3
(b) Enforcement. The Code Compliance Division or the Miami Beach Police Department, shall enforce
the provisions of this section. This shall not preclude other law enforcement agencies or regulatory
bodies. from any action to assure compliance with this section and all applicable laws. If an enforcing
officer finds a violation of this section. the officer must issue a Notice of Violation to the violator. The
Notice of Violation must inform the violator of the nature of the violation. amount of fine for which the
violator is liable. instructions and due date for paying the fine, notice that the Violation may be appealed
by requesting an administrative hearing within ten days after service of the Notice of Violation, and that
failure to appeal the violation within the ten days, shall constitute an admission of the violation and a
waiver of the right to a hearing.
(c) Rights of violators; payment of fine; right to appear; failure to pav civil fine or to appeal.
(1) A violator who has been served with a Notice of Violation shall elect to either:
a. Pay the civil fine in the manner indicated on the Notice of Violation; or
b. Request an administrative hearing before a special master to appeal the Notice of
Violation, which must be request within 10 days of the issuance of the notice of violation.
(2) The procedures for appeal by administrative hearing of the Notice of Violation shall be as set
forth in sections 30-72 and 30-73.
(3) If the named violator, after issuance of the Notice of Violation. fails to pay the civil fine, or
fails to timely request an administrative hearing before a special master. the special master shall
be informed of such failure by report from the officer. Failure of the named violator to appeal the
decision of the officer within the prescribed time period shall constitute a waiver of the violator's
right to an administrative hearing before the special master, and must be treated as an
admission of the violation, which fines and penalties to be assessed accordingly.
(4) A certified copy of an order imposing a fine may be recorded in the public records. and
thereafter shall constitute a lien upon any real or personal property owned by the violator. which
may be enforced in the same manner as a court judgment by the sheriffs of this state. including
levy against the violator's real or personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After two months from the recording of any such
lien that which remains unpaid, the City may foreclose or otherwise execute upon the lien.
(5) Any party aggrieved by a decision of a special master may appeal that decision to a court of
competent jurisdiction.
(6) The Special Master shall be prohibited from hearing the merits of the Notice of Violation or
the consideration of the timeliness of a request for an administrative hearing, if the violator has
failed to request the administrative hearing within ten (1 0) days of the issuance of the Notice of
Violation.
(7) The Special Master shall not have discretion to alter the penalties prescribed in subsection
(9)(a).
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@ Enhanced penalties.
Page 4
The following enhanced penalties must be imposed, in addition to any mandatory fines set forth in
subsection (9)(a) above. for violations of this Section:
ill If the offense is a fourth offense within the preceding 12 month period of time, in addition to
the fine set forth in subsection (9)(a), the property owner, event producer or permittee must
be prohibited from receiving a Film and Print Production Permits for a three (3) month period
of time.
@. If the offense is a fifth offense within six (6) months following the fourth offense. in addition
to any fine set forth in subsection (9)(a), the property owner, event producer or permittee
must prohibited from receiving a Film and Print Production Permits for a six (6) month period
of time. The property owner, producer or permittee must be deemed a habitual offender.
Ql The City Manager may decline to issue future Film and Print Production Permits to such
person or entity that have been deemed habitual offenders pursuant to this section for a
period of one year, or such other period of time acceptable to the City Manager.
PROPOSED FILM & PRINT GUIDELINE AMENDMENTS
As you know, the City has been working with the Production Industry Council (PIC) to review amendments to
the guidelines since January of 2012. In considering amendments PIC recognized the long-term value of
managing and promoting this industry, and proactively encouraging its continued growth. Proposed
amendments (see attached) mutually agreed to by all parties include the following:
• Clarify the enforcement section of film permits;
• further defining "City-wide" and "Driving Shot" permits;
• expanding the Vehicle Beach Access Policy pertaining to all beach, park and pedestrian use areas;
• other amendments include clean up language to various sections;
• removing the current exemption available to small print productions from being required to provide
notification to neighboring properties.
As you know, in a letter to the City Manager on February 22, 2012, Mr. Alex Tachmes, on behalf of his client,
the residents of 4350 North Bay Road (Irwin and Nora Friedman) have requested the City further restrict the
frequency and number of Film & Print Permits in Single Family districts. Mr. Friedman has proposed
amendments that would allow up to five (5) days of film and print activity per month without neighbor consent,
only notification as currently required. Any film or print activity above five (5) days per month could still occur,
but would require the consent of abutting residents.
Neighborhood and Community Affairs Committee discussed this item on April 24, September 24, 2012,
October 15, 2012 and November 19, 2012. The Production Industry Council held a Film & Print Guidelines
Community Meeting on May 14, 2012, While some good ideas were brought forward by the residents, such as
registering homes, the general consensus of the attending residents was that Mr. Friedman's proposal was too
liberal, even though the majority of the complaints registered were not relevant to legally permitted film and
print uses. With no compromise obtained, the Production Industry Council worked to cull all suggestions to
create a compromise with the City Administration, taking into account the needs of the residents but also with a
need to ensure the industry could continue to thrive in Miami Beach.
On January 25, 2013, Commission Libbin submitted a memorandum (see attached) recommending the City
consider a radius restriction within 500 feet of a hospital or fire station where film and print activity would be
restricted to no more than 5 days per month without neighbor consent.
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Februaty 6, 201 ~ ___ .,, ___ .,.,, _______ _ ___ ,, _____ Page 5
The Administration, the Production Industry Council and other interested parties all agree that amendments
were needed in the Film and Print Guidelines to tighten the requirements. As such, significant changes have
been made to the Film and Print Guidelines that substantially have drafted and agreed to by all parties. The
only outstanding issue left to resolve is whether to allow up to 10 days of film and print activity per month
without neighbor consent or to limit this to 5 days as desired by Mr. Friedman.
The proposed amendments to the Film and Print Guidelines are being presented as a companion item on
today's agenda for the City Commission's consideration.
CONCLUSION
The Administration recommends adopting the recommended ordinance amendments on first reading and
schedule the second reading and public hearing for March 13, 2013.
KB/MAS/GW
T:\AGENDA\2013\February 6\Fi!m and Print ORDINANCE Amendment Memo doc.docx
282
ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE
MIAMI BEACH CITY CODE, ENTITLED "ARTS, CULTURE AND
ENTERTAINMENT," BY AMENDING ARTICLE I THEREOF, ENTITLED
"FILM AND PRINT PRODUCTION PERMITS," BY AMENDING
SECTION 10 ENTITLED "ENFORCEMENT"; AND PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach (the "City") declares that it is in the interest of the
citizens of Miami Beach to ensure that film productions are compatible with the City, which is a
major and internationally recognized tourist destination; and
WHEREAS, the Administration recognized that specific measures need to be taken in
order to minimize the disruption and impact to surrounding residential inhabitants and business
entities; and
WHEREAS, the Administration has reviewed the enforcement provisions that are
applicable for film and print production permit violations, and is recommending necessary
amendments which shall establish appropriate fines and penalties against those individuals who
violate the requirements of Article I of the City Code; and
WHEREAS, the Administration and City Attorney's Office recommends amending the
enforcement provisions for violations of Section 12-1, which are necessary to accomplish the
above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article II, entitled, "Special Event Permits," of Chapter 12 of the Miami Beach
City Code, entitled Arts, Culture and Entertainment, is hereby amended as follows:
CHAPTER 12
ARTS, CULTURE & ENTERTAINMENT
* * *
ARTICLE I. FILM AND PRINT PRODUCTION PERMITS
* * *
Sec. 12-1. -Film and print production permits.
The city manager or the manager's designee, shall have the authority to issue, modify or revoke
permits for film and print productions, in accordance with criteria set forth in this section and the
film and print regulations approved by separate resolution of the city commission.
283
(1) [Unlawful without permit.] Except for filming by individuals for personal or educational
use, and "professional journalists" collecting, photographing, recording, or reporting
"news," as such terms are defined in F.S. § 90.5015, it shall be unlawful to engage in film
and print production activities on public property, residentially zoned (private) property, or
in film and print activities that require any city services, without a film and print permit.
(2) [Additional regulations and conditions may be imposed.] The city manager or the
manager's designee may impose additional reasonable regulations and conditions to a
specific permit to ensure the public health, safety and welfare, and peaceful enjoyment of
surrounding residents and businesses, at any time.
(3) [Application needed.] Individuals or businesses wishing to conduct film, television,
video and/or photography projects on public property, private residential property, or any
location that impacts or requires city services, must apply in advance to the city, providing
a completed application, including proof of insurance and indemnification, as required by
the film and print regulations, and receive a permit, before any film or print production
activity may commence;
(4) City services. Upon receipt of a completed permit application, the permit will be
reviewed to determine what, if any, city services will be required. Requirements may vary
for each production. The city manager or the manager's designee, in their discretion, may
require additional city services and/or monetary deposits not specifically listed or codified.
(5) Film and print regulations. The mayor and city commission may adopt by resolution
film and print regulations and the city manager or the manager's designee will administer
the regulations as they pertain to film and print productions working within the city. The
manager may authorize amendments to the regulations proposed by the administration,
and shall present such amendments to the city commission for approval, by resolution.
(6) Code of conduct. The city code of conduct for film and print productions shall be
distributed with all notification and/or signature forms. Copies are available in the office of
arts, culture and entertainment.
(7) Parking. All productions requiring prearranged parking must receive prior approval
from both the parking department and the city manager or the manager's designee before
a permit may be issued. Unless prior approval is received for specific requests, all
production vehicles must park legally at all times.
(8) Moratoria. The city manager or the manager's designee, at his sole discretion, is
authorized to place a temporary moratorium on the issuance of film and print production
permits for locations and/or neighborhoods which have experienced overuse as a result of
high volume and/or heavy impact filming. The moratorium shall remain in effect for a
maximum period of six months, but may be renewed for additional six-month periods if in
the discretion of the manager, the impact of the prior filming activities in the area warrants
extension.
(9) Conflict with noise provisions. The city manager or the manager's designee, may
issue a permit that authorizes filming in conflict with Chapter 46, Article IV, of this City
Code, or other applicable noise ordinance, only where the applicant has met all of the city's
requirements for obtaining a permit as prescribed in this division and the film and print
regulations, and the filming cannot be performed in compliance with the applicable noise
ordinance. Such a permit must specify the precise manner by which the noise ordinance
2
284
may be exceeded, by what duration, and at what locations. Such permit authorization may
be modified or revoked if in the discretion of the manager, or designee, the authorization
excessively negatively impacts the surrounding neighborhood. Having a permit shall not
relieve the permit holder from compliance with all other applicable local, county, state or
federal laws.
(1 0) Enforcement.
a. Permits shall be maintained at the site on which the photography or filming
occurs. Upon the request of any police officer or code compliance officer of the city,
the owner, lessee of the property or representative of the production company, shall
produce such permit for inspection.
b. Persons engaged in film and print activities without a permit, or otherwise in
violation of a permit, this section or the film and print regulations provided for herein,
shall be subject to enforcement by city police or code compliance officers, through the
issuance of immediate cease and desist orders, the violation of which may subject the
offender to arrest, and/or enforcement as provided for in section 1 14 of this Code,
and/or notices of violation referred to special masters, who have authority to issue
fines or enforce compliance, as provided for in Chapter 30 of this Code. Police or
code compliance officers 'Nill coordinate enforcement with the office of arts, culture
and entertainment. As an alternate and supplemental remedy, the city may enforce
this section by injunctive relief in any court of competent jurisdiction, and in such
circumstance the city shall be entitled to recover its reasonable attorneys' fees and
costs. For repeat offenders, the manager or designee may decline to issue permits to
such person or entity for one year, or such other period as the manager deems
appropriate .
.illl Enforcement and Penalties.
(a) Civil fine for violators. The following civil fines shall be imposed for a violation of this
section:
(1)
(2)
(3)
First offense within a 12 month period shall be a fine of $500.00;
Second offense within a 12 month period shall be a fine of $1500. 00;
Third offense and subsequent offenses within a 12 month period shall be
a fine of $3000.00.
(b) Enforcement. The Code Compliance Division or the Miami Beach Pollee
Department. shall enforce the provisions of this section. This shall not preclude other
law enforcement agencies or regulatory bodies. from any action to assure compliance
with this section and all applicable laws. If an enforcing officer finds a violation of this
section. the officer must issue a Notice of Violation to the violator. The Notice of Violation
must inform the violator of the nature of the violation, amount of fine for which the
violator is liable, instructions and due date for paying the fine, notice that the Violation
may be appealed by requesting an administrative hearing within ten days after service of
the Notice of Violation, and that failure to appeal the violation within the ten days, shall
constitute an admission of the violation and a waiver of the right to a hearing.
(c} Rights of violators; payment of fine; right to appear: failure to pay civil fine or to
appeal.
3
285
(1) A violator who has been served with a Notice of Violation shall elect to either:
a. Pay the civil fine in the manner indicated on the Notice of Violation; or
b. Request an administrative hearing before a special master to appeal
the Notice of Violation, which must be request within 1 0 days of the
issuance of the notice of violation.
(2) The procedures for appeal by administrative hearing of the Notice of Violation
shall be as set forth in sections 30-72 and 30-73.
(3) If the named violator. after issuance of the Notice of Violation. fails to pay the
civil fine. or fails to timely request an administrative hearing before a special
master, the special master shall be informed of such failure by report from the
officer. Failure of the named violator to appeal the decision of the officer within
the prescribed time period shall constitute a waiver of the violator's right to an
administrative hearing before the special master, and must be treated as an
admission of the violation, which fines and penalties to be assessed accordingly.
(4) A certified copy of an order imposing a fine may be recorded in the public
records, and thereafter shall constitute a lien upon any real or personal property
owned by the violator. which may be enforced in the same manner as a court
judgment by the sheriffs of this state, including levy against the violator's real or
personal property, but shall not be deemed to be a court judgment except for
enforcement purposes. After two months from the recording of any such lien that
which remains unpaid. the City may foreclose or otherwise execute upon the lien.
(5) Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
(6) The Special Master shall be prohibited from hearing the merits of the Notice
of Violation or the consideration of the timeliness of a request for an
administrative hearing, if the violator has failed to request the administrative
hearing within ten (1 0) days of the issuance of the Notice of Violation.
(7) The Special Master shall not have discretion to alter the penalties prescribed
in subsection (9)(a).
@ Enhanced penalties.
The following enhanced penalties must be imposed, in addition to any mandatory fines
set forth in subsection (9)(a) above, for violations of this Section:
ill If the offense is a fourth offense within the preceding 12 month period of time,
in addition to the fine set forth in subsection (9)(a), the property owner. event
producer or permittee must be prohibited from receiving a Film and Print
Production Permits for a three (3) month period of time.
ill If the offense is a fifth offense within six (6) months following the fourth
offense, in addition to any fine set forth in subsection (9)(a), the property
owner, event producer or permittee must prohibited from receiving a Film and
Print Production Permits for a six (6) month period of time. The property
owner. producer or permittee must be deemed a habitual offender.
4
286
Ql The City Manager may decline to issue future Film and Print Production
Permits to such person or entity that have been deemed habitual offenders
pursuant to this section for a period of one year, or such other period of time
acceptable to the City Manager.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, provision or phrase of this Ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way effect the validity of the remaining portions of this ordinance.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption.
PASSED AND ADOPTED this ___ day of ________ , 2013.
ATTEST:
RAFAEL GRANADO, CITY CLERK
Underline denotes additions
Strikethrough denotes deletions
MATTI HERRERA BOWER
MAYOR
5
287
THIS PAGE INTENTIONALLY LEFT BLANK
288
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
INTERIM CITY MANAGER j THIE BROOKS
JOSE SMIT~-/ '
CITY A1RN~Y,
Februat)t 6;-20 " ,.,....,.,.~ ~-,.,-~
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
CITY CODE BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 29, ENTITLED "DEBARMENT COMMITTEE," BY
AMENDING THE PURPOSE, POWERS, AND DUTIES OF THE
COMMITTEE TO INCLUDE AUTHORITY TO CONSIDER THE
SUSPENSION OF CONTRACTORS IN ADDITION TO DEBARMENTS;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
On January 16, 2013, the City Commission adopted Ordinance 2013-3787 which
amended the City's Debarment Ordinance. Among other things, the new Ordinance amended
the debarment provisions to include suspension procedures in addition to debarment
procedures. In order to provide consistency between the new provisions in the Debarment
Ordinance and the City Code provisions concerning the Debarment Committee's purpose,
powers, and duties, the attached Ordinance sets forth minor amendments to the Debarment
Committee provisions. The City Attorney recommends that the attached Ordinance be referred
to the Neighborhood/Community Affairs Committee for its review and consideration.
DT/sc
F:\ATTO\TURN\COMMMEMO\Amending Debarment Committee Memo.doc
289
Agenda Item Rs-G-
Date z,b-'13
ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
CITY CODE BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 29, ENTITLED "DEBARMENT COMMITTEE," BY
AMENDING THE PURPOSE, POWERS, AND DUTIES OF THE
COMMITTEE TO INCLUDE AUTHORITY TO CONSIDER THE
SUSPENSION OF CONTRACTORS IN ADDITION TO DEBARMENTS;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, on January 16, 2013, the City Commission adopted Ordinance No. 2013-
3787 which amended the City's Debarment Ordinance to include, among other things,
suspension procedures in addition to debarment procedures, and the authority of the Mayor and
City Commission, by a majority vote, to debar or suspend contractors rather than the
Debarment Committee; and
WHEREAS, in order to provide consistency between the new provisions in the
Debarment Ordinance and the City Code provisions concerning the Debarment Committee, the
amendments proposed herein to the purpose, powers, and duties of the Committee are needed.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1.
That Chapter 2, Article Ill, Division 29 of the Miami Beach City Code is hereby amended
as follows:
Chapter 2
ADMINISTRATION
* * *
ARTICLE Ill. AGENCIES, BOARDS AND COMMITTEES
* * *
DIVISION 29. DEBARMENT COMMITTEE
* * *
290
Sec. 2~190.128. Established.
There is hereby established a debarment committee in the city whose purposes, power
and duties, composition, membership qualifications, and general governing regulations are as
follows in this division.
Sec. 2-190.129. Purpose.
The committee's purpose is to evaluate and, if warranted, impose debarment or
suspension as provided in sections 2-397 through 2-406 to exclude a contractor (and, in limited
instances, a bidder or proposer) from city contracting and city approved subcontracting.
Sec. 2-190.130. Powers and duties.
The committee is vested with the power and authority to conduct quasi-judicial hearings,
as authorized and provided in sections 2-511 through 2-513, with regard to debarment and
suspension procedures and to impose penalties, all as more specifically set forth in sections 2-
397 through 2-406.
Sec. 2-190.131. Composition.
The committee shall consist of seven voting members to be individually appointed by the
mayor and city commissioners. If any member of the committee abstains from voting at two
meetings within a calendar year, said member shall be automatically removed from the
committee. The committee shall meet only as convened pursuant to the debarment ordinance
set forth in section 2-405.
Sec. 2-190.132. Knowledge and experience.
The committee shall be composed of persons who possess outstanding reputations for
civic activity and interest, integrity, responsibility, and business or professional ability.
Sec. 2-190.133. Supporting departments.
The supporting department shall be the office of the city manager/procurement office.
SECTION 2. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
2
291
SECTION 3. Severability.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. Codification.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. Effective Date.
This Ordinance shall take effect the __ day of-------· 2013.
PASSED and ADOPTED this __ day of--------· 2013.
ATTEST:
RAFAEL GRANADO, CITY CLERK
Underline denotes additions
MATTI HERRERA BOWER
MAYOR
F:\A TTO\TURN\ORDINANC\Amending Debarment Committee 20 13.docx
3
292
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amendment proposing to modify the off street parking requirements for hotel
development in the Cit .
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is "about the right amount."
Item Summa /Recommendation:
FIRST READING
The proposed Ordinance would amend the parking requirements for hotel development within the City
by reducing the off street parking requirement from 1 space per hotel unit to .5 spaces per hotel unit,
for the first 100 units. There are 2 versions of the Ordinance. The Planning Board has recommended
that the .5 ratio be applicable city wide. The Planning Department version recommends that the .5
ratio be applicable in certain, defined areas of the City, including historic and national register districts,
as well as areas of North Beach, and . 75 spaces per hotel room outside of local historic Districts.
Both versions exclude the West Avenue residential corridor and south of Fifth Street.
The Administration supports the LUDC's recommendation to adopt the Planning Department staff's
recommendation at First Readin and set a Second Reading Public Hearing for March 13, 2013.
On October 30, 2012, the Planning Board (PB File No. 2078) recommended that the City
Commission ap rove the Plannin Board version of the roposed Ordinance by a vote of 5-2.
Financial Information:
Source of Amount Account
Funds: 1
I
I
2
I 3 !
OBPI Total
Financial Impact Summary:
This ordinance, by reducing required parking for hotels in historic districts, will reduce the receipts for fees in-
lieu of parking, as many hotel projects in these districts must resort to paying these fees when parking on site or
nearby cannot be provided. Although the amount of the reduction in impact fees to the City cannot accurately
be pinpointed as this involves estimating future development levels, some hotel projects already underway
would be affected, and the resulting impact to the City of forgoing these payments would be about $2.5 million.
Balanced against the potential loss of parking impact fee revenue is the potential for additional revenue from
increased hotel development, which might be expected to include an increase in resort tax receipts, and a
general improvement in the property tax base and income from permits and fees that may be associated with an
increased level of new proposed development. Increased hotel room construction within appropriate areas of the
City would be expected to have a positive effect on the overall economic health of the City, as estimates indicate
that spending by visitors to hotels in Miami Beach is approximately $621 per room/night, including room rate,
transportation, entertainment, meals and shopping. At an occupancy rate of 75.3%, this would translate into
$170,000 in additional economic activity per year, and approximately $2,600 in additional resort tax collections
per year, for each additional hotel room added. Staff estimates that properties in historic districts have on
balance only a relatively small amount of additional development rights (FAR) still remaining. Although the
reduction in parking requirements would reduce the potential for future parking impact fee revenue, this cannot be
directly estimated, as some portion of future development may only occur because of the reduced parking
requirements, and would not be proposed if significant impact fees remained as a requirement.
City Clerk's Office Legislative Tracking:
j Richard Lorber or Thomas Mooney
T:\AG
MIAMI BEACH 293
anager
AGENDA ITEM ---'-R.......,S~H_
DATE 2.-b ~(3
& MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager /A /-
February 6, 2013
..
FIRST READING
SUBJECT: Hotel Parking Requirements·
A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, BY AMENDING CHAPTER 130 "OFF-STREET
PARKING," ARTICLE II, "DISTRICTS; REQUIREMENTS," BY AMENDING
THE OFF-STREET PARKING REQUIREMENTS FOR HOTELS IN ALL
DISTRICTS; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration supports the LUDC's recommendation to adopt the Planning
Department staff's recommendation at First Reading and set a Second Reading Public
Hearing for March 13, 2013.
BACKGROUND
A discussion regarding parking requirements for hotels and how the City can incentivize
good hotel development was referred to the Land Use and Development Committee by
the City Commission on February 9, 2011. On May 16, 2012, the LUDC referred the
matter to the Planning Board and recommended that the Board review a proposed
ordinance amending hotel parking requirements for hotel units only, but not the parking
requirements for accessory uses. On October 30, 2012, the Planning Board considered
the version of the Ordinance being recommended by the Planning Department, and
recommended approval of a slightly different version of the proposed Ordinance.
On December 19, 2012, the Land Use and Development Committee discussed the
Planning Board version of the Ordinance, as well as the Planning Department version,
but could not reach consensus on either. Both Ordinances were transmitted to the City
Commission without a formal recommendation. On January 16, 2013, the City
Commission considered both versions of the Ordinance at First Reading, and referred
the matter back to the Land Use Committee for additional input and discussion.
On January 23, 2013 the Land Use and Development Committee discussed both
versions of the Ordinance again and referred the Ordinances back to the Full City
Commission, with a recommendation for the Planning Department version of the
Ordinance.
294
Commission Memorandum
Hotel Parking Requirements
February 6, 2013
ANALYSIS
Page 2 of 7
As noted in Attachment 1, the current parking requirements for hotels, and for
convention hotels are based upon the number of rooms within the hotel. There are also
additional parking requirements for accessory uses within hotels, such as retail,
restaurants, auditoriums, ballrooms, convention halls, gyms, and meeting rooms,
although they are less than those requirements for stand-alone uses, since the
assumption is that many of those patrons using the accessory uses will be hotel guests.
The mix of such uses found in various hotel developments means that there could be a
wide differential of the amount of parking actually needed, based upon the different
combination of uses. Many restaurants and clubs located within hotels actually draw a
large percentage of patrons from outside of the hotel, and would rationally need more
parking than those that were primarily used by hotel guests.
According to the Greater Miami Convention and Visitor's Bureau, 98 percent of overnight
visitors to Miami Beach arrive by airplane. The visitors' decision about whether to rent a
car will be influenced by many factors including walking distance to restaurants,
shopping, entertainment, and/or convention/meeting space; therefore, location of the
hotel is another important variable in determining hotel parking demand. Other factors
that influence the rental car choice are purpose of trip, length of stay, cost of parking and
visitor profile. These factors are more difficult to analyze than location, but there are
certain hotels that cater to a particular market segment that could arguably predict
parking demand based upon its typical guest profile.
The Planning Department contacted the Greater Miami Convention & Visitors Bureau
(GMCVB) and the Greater Miami & Beaches Hotel Association (GMBHA) to request their
assistance with surveying existing hotels to determine the percentage of hotel guests
that drive automobiles. The GMCVB and GMBHA obtained responses to this question
from 14 hotels. The responses ranged from 10% to 30% guests with cars in South
Beach hotels and 30% to 50% guests with cars in mid-beach hotels (see attachment 2).
A review of parking requirements for hotels in other Florida cities and in other tourist
destination cities throughout the country show that most of them have a lower parking
requirement for the dense, walkable, urban districts than our current requirement of one
parking space per hotel room (1: 1 ). While the lTE Institute of Transportation Engineering
parking manual reflects a similar level of required parking as our existing code, this may
reflect a more suburban, auto oriented type of hotel and may be less appropriate for
Miami Beach. This theory is consistent with the other cities surveyed, which generally
have a 1:1 parking requirement for suburban areas and a lower parking requirement for
urban districts. The following table lists the minimum parking requirements for hotel
guest rooms in the walkable urban districts of each city surveyed .
Llrban. center •.. Minimum. parking ·Space~ per Other requirements.·····.···. • ' '', /•. ·., ,,,,, ·:,,
.. .. guest room .. · · •···. · ····· . .·. .. . .
Orlando 1:2 1:1 maximum
Miami 1:2 plus visitor parking 1:15
Ft. Lauderdale None required
Tampa 1:3
St. Petersburg 1:4
Ft. Myers 1:2
295
I
Commission Memorandum
Hotel Parking Requirements
February 6, 2013
Urban center
.'.
Delray Beach
Charleston, sc
Philadelphia, PA
Page 3of 7
Minjmur:n par!(ing ~payes · per . · .. Olher<tequi~m~nt~· .. < ( •
•••
guestroom . . .. · .. ' · · · .· •.. > ' '·: . . . ·'· .....
0.7:1
1:1.5
None required
I New Orleans, LA ! 1:3
Savannah, GA None required
Based upon the research conducted so far, the Planning Department is supportive of
reducing the hotel parking requirement to 1 space per 2 rooms as an incentive for good
hotel development. Staff does not recommend changing the current parking
requirements for ancillary facilities within hotels such as retail, restaurants, bars,
nightclubs, meeting rooms and ballrooms. Parking requirements for such uses have
already been discounted for a certain percentage of users being guests in the same
hotel.
The following is a list of proposed or potential hotel projects that Planning Department
staff has been working on or has been made aware of, along with comments describing
at what phase of the development process the project is at, and what is staff's
understanding of the impact of the passage of the proposed reduction of hotel parking
requirements might be on each project.
Please note that the City does not currently require pro forma business calculations as
part of the development review process, so the request for this information cannot be
provided.
Project Description Ordinance impact
1 Courtyard by Marriott New construction of 10 story Passage of
3925 Collins Ave. addition to existing hotel, and ordinance prior to
Historic district adding a basement garage, final C.O. would
includes 93 hotel units. result in return of the
Providing 68 new parking amount above, as the
spaces on-site; still a 26 68 spaces being
space deficit. constructed would
then cover all parking
$910,000 paid in parking requirement for the
impact fees for 26 space new construction.
deficit currently in escrow
account.
2 Riviera Lofts Hotel New construction of 4 story Passage of
318 21 51 Street hotel bldg addition with 43 ordinance prior to
Historic district rooms. No place for parking. final C.O. would
result in the return of
Parking impact fee of the amount currently
$1,505.000 paid for 43 space in escrow. $770,000
deficit; Y2 has been paid to already paid City
the City and Y2 is currently in would remain with
I escrow account. City_.
3 WYtndham Gardens Proposed one-story rooftop Parking impact fee
11 hand Washington additions to several existing would be reduced by
Historic district historic buildings. 51 new half, from $1,785,000
units proposed. No place for to $ 892,500.
added parking.
296
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Commission Memorandum
Hotel Parking Requirements
February 6, 2013
4 Residence Inn
1231 17th Street (at West Avenue)
Not Historic District
I
Proposed extended stay
hotel on irregularly shaped
vacant parcel. Going to
Planning Board. 116 units
and minimal accessory
commercial.
66 parking spaces proposed
to be on-site (using lifts).
-
Page 4 of 7
Passage of the
Planning Board
version of the
ordinance (.5) would
mean that the
proposed 66 on-site
spaces with
mechanical lifts
would satisfy the
parking requirement.
The Planning
Department version
of the ordinance (.75)
would require a
reduction of the
number of units
proposed or the
addition of more
parking spaces.
The amounts involved in satisfying parking requirements for new construction with the
fee in-lieu of parking can be quite high, with fees of over $1 million not uncommon. This
money goes into a special fund, used to finance parking garage construction by the City.
It can also be used for transportation related projects. The construction of new parking
garages in the South Beach area has already proceeded somewhat vigorously, with a
new garage becoming operational in Sunset Harbour and another garage being
proposed in the Collins Park area on 23rd Street. There may be little opportunity for
additional parking garage construction in South Beach in the near future; more parking
fee funds could, however, be directed towards alternative transportation projects.
Staff believes that incentivizing additional hotel room construction within appropriate
areas of the City would have a greater positive effect on the overall economic health of
the City than maintaining the status quo simply to retain maximum contributions to the
parking impact fee funds. Information from the Greater Miami Convention and Visitor's
Bureau (GMCVB) indicates that spending by visitors to hotels in Miami Beach is
approximately $621 per room/night, including room rate, transportation, entertainment,
meals and shopping. At an occupancy rate of 75.3%, this would translate into $170,000
in additional economic activity per year, and approximately $2,600 in additional resort
tax collections per year, for each additional hotel room added.
Quantifying the number of new hotel rooms that would result from passage of the
ordinance is difficult. While some of the projects listed above might go forward
regardless of the level of impact fees or parking requirements, others are more
speculative and might only be expected to proceed through to construction if the
reduction was approved. It should be noted that while some of the projects listed are
providing as much parking as possible on site, most sites located within historic districts
are unable to provide much, if any, on-site parking. In general, the nature of these
proposals are additions to existing hotels in historic districts, or development of new
hotels on problematic parcels of land that could not accommodate large numbers of
parked cars, and staff has been generally supportive of these types of developments,
297
i
I l
Commission Memorandum
Hotel Parking Requirements
February 6, 2013 Page 5 of 7
especially when the focus is on hotel rooms rather than accessory commercial
restaurants and entertainment establishments.
The purpose of the proposed ordinance is to foster new hotel development. During the
course of discussion, it has become clear that this hotel development should occur
within areas of the City that are compatible with hotel development. It is not the intention
of the ordinance to incentivize hotel development in those areas where hotels are not
compatible. As such, the West Avenue Corridor and the South of Fifth Street areas
have been removed from the area of applicability. This would address the concerns of
residents and stakeholders who do not want to encourage additional tourism and hotel
development within established residential areas, while allowing such encouragement in
most of the rest of the City.
In response to concerns raised regarding the appropriateness of hotel uses in certain
zoning districts, staff has examined the proposed ratio of required spaces for hotels, as
well as different areas of the City that would realize the greatest benefit from the
proposed revised Ordinance. After removing the South of Fifth Street and West Avenue
neighborhoods from the reduced parking areas, staff concluded that the following areas
of the City, which are zoned Commercial, or Multi-family Residential (RM-2 or RM-3),
were the most compatible for increased hotel development:
• Local Historic Districts
• National Register Historic Districts
• The North Beach resort area, generally bounded by 62nd Street and 73rd Street,
from Indian Creek to the Atlantic Ocean
Because these areas are the most compatible for expanded hotel development, staff
believes that the proposed ratio of .5 spaces per hotel unit would be appropriate.
However, for larger structures in excess of 100 hotel units, the ratio should be adjusted
upward, as the likelihood for increased vehicular trips rises with larger hotel
developments.
This revised proposal also takes into account the issue of hotel employee parking. Staff
has concluded that additions to existing hotel facilities should not result in the same
magnitude of new employees requiring parking as would a new hotel project on a vacant
lot. Incremental addition of rooms should be more easily absorbed by existing labor
corps, without the same reliance on hiring large numbers of new employees that new
construction of brand new hotels would.
As it pertains to the remaining multi-family and commercial areas of the City, staff
believes that these areas do not have the same compact, walkable attributes that the
above noted areas do, nor are they as oriented toward tourists/visitors. As such, staff
believes that hotel guests in the remaining multi-family and commercial areas of the City
would be more reliant on automobile transportation and that the parking space ratio
should be adjusted to . 75 spaces per unit, for the first 1 00 units. Planning Department
staff believes that a difference should be made between the compact historic areas
closely tied to tourism, and those areas that are more automobile oriented or more
oriented towards permanent residents.
298
Commission Memorandum
Hotel Parking Requirements
Februaty 6, 2013 Page 6 of 7
The majority of the Planning Board did not reach the same conclusion as staff regarding
the different areas of the City, and recommended approval of a version of the proposed
that has the .5 ratio used City Wide (excluding the West Avenue and South of Fisth
Neighborhoods). The Planning Department has proposed an alternate version of the
Ordinance transmitted by the Planning Board, which includes the aforementioned .75
ratio.
On December 19, 2012, the Land Use and Development Committee considered the two
versions of the ordinance -the Planning Board recommended version and the Planning
Department recommended version. After a lengthy discussion, the Land Use Committee
could not reach a consensus on either version, and transmitted both versions to the full
City Commission for a final decision, without recommending either version.
On January 23, 2013, the Land Use Committee endorsed the planning Department version
of the Ordinance, and also requested that and request more information on employee
parking be provided. Information received from the hotel industry suggests that there is
an average ratio of 0.6 employees per hotel room. Taking this figure into account, and
estimating that the percentage of employees who arrive to work in their own private car,
rather than by public transit or other means is not extremely high, it suggests that the
suggested figures of 0.5 or 0.75 spaces per hotel room would be valid.
PLANNING BOARD REVIEW
The subject Ordinance came before the Planning Board on July 24, 2012 and was
continued to a date certain of August 28, 2012 in order for more data to be submitted.
On August 28, 2012, the Ordinance was discussed and continued to the September 24,
2012 meeting. On September 24, 2012, the item was discussed and continued to a date
certain of October 30, 2012, in order for staff to propose specific districts that would
benefit from lower parking requirements.
On October 30, 2012, the majority of the Planning Board did not reach the same
conclusion as staff regarding the different areas of the City, and recommended approval
of a version of the proposed that has the .5 ratio used City Wide (excluding the West
Avenue and South of Fifth Neighborhoods). The Planning Department has proposed an
alternate version of the Ordinance transmitted by the Planning Board, which includes the
aforementioned .75 ratio. The Planning Board (by a 5-2 vote) transmitted the Planning
Board version of the Ordinance Amendment to the City Commission with a favorable
recommendation.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions,"
this shall confirm that the City Administration evaluated the long term economic impact (at
least 5 years) of this proposed legislative action.
The proposed ordinance, by reducing required parking for hotels in historic districts, will
reduce the receipts for fees in-!ieu of parking, as many hotel projects in these districts must
resort to paying these fees when parking on site or nearby cannot be provided. Although the
amount of the reduction in impact fees to the City cannot accurately be pinpointed as this
involves estimating future development levels, as the chart above indicates, some hotel
projects already underway would be affected, and the resulting impact to the City of forgoing
299
Commission Memorandum
Hotel Parking Requirements
February 6, 2013 Page 7 of 7
these payments would be approximately $2,5 million. For future projects, the impact cannot
be accurately assessed, as developers may or may not move forward projects depending on
all costs involved.
Balanced against the potential loss of parking impact fee revenue is the potential for
additional revenue from increased hotel development, which might be expected to include an
increase in resort tax receipts, and a general improvement in the property tax base and
income from permits and fees that may be associated with an increased level of new
proposed development.
As discussed above, increased hotel room construction within appropriate areas of the City
would be expected to have a positive effect on the overall economic health of the City, as
estimates indicate that spending by visitors to hotels in Miami Beach is approximately $621
per room/night, including room rate, transportation, entertainment, meals and shopping. At
an occupancy rate of 75.3%, this would translate into $170,000 in additional economic
activity per year, and approximately $2,600 in additional resort tax collections per year, for
each additional hotel room added.
Staff estimates that properties in historic districts have on balance only a relatively small
amount of additional development rights (FAR) still remaining. Although the reduction in
parking requirements would reduce the potential for future parking impact fee revenue, this
cannot be directly estimated, as some portion of future development may only occur because
of the reduced parking requirements, and would not be proposed if significant impact fees
remained as a requirement.
SUMMARY
Attached are two versions of the ordinance -the Planning Board's recommendation,
which reduces parking to .5 spaces per hotel room citywide, and the Planning
Department staff's recommendation, which applies the reduction to .5 spaces only to
historic districts and to North Beach areas targeted for encouraging hotel development,
and .75 spaces per hotel room outside of local historic Districts. Both versions exclude
the West Avenue residential corridor and the area south of Fifth Street.
As there has been increased concern voiced by residents regarding the appropriateness
of hotel development in traditionally residential areas, the Administration does not agree
with the Planning Board's recommendation. In addition, the Land Use and Development
Committee has now endorsed the Planning Department's version of the ordinance.
CONCLUSION
The Administration supports the LUDC's recommendation to adopt the Planning
Department staff's recommendation at First Reading and set a Second Reading Public
Hearing for March 13, 2013.
Q:.L
KGB/JGG!KGUrm
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300
Funds generated by the fee-in-lieu program pursuant to subsection130-132(a) and (b), collected
after March 20, 2010, shall be deposited in a city account (divided into three districts, for north,
middle and south) specifically established to provide parking, transportation and mobility related
improvements and programs in the vicinity (within the north, middle and south district, as
applicable) of the subject property. Expenditures from these funds shall require city commission
approval.
(c) Such parking, transportation and mobility related improvements and programs may include:
(1) Parking garages and related facilities.
(2) Transit capital funding:
a. Purchase of buses for circulator routes.
b. Bus shelters.
c. Transit infrastructure.
(3) Traffic improvements:
a. Traffic signals.
b. Signal timing operations.
c. Lane modifications.
(4) Bicycle facilities:
a. Bicycle lanes and paths.
b. Bicycle racks and storage.
(5) Intelligent transportation systems:
a. Electronic message boards.
(6) Pedestrian improvements:
a. Crosswalks.
b. Traffic signals.
(7) Pedestrian facilities:
a. Beachwalk.
b. Baywalk.
(8) Other parking, transportation and mobility related capital projects as may be
specifically approved by the city commission.
(9) In addition, transit operational funding for newly introduced transportation
enhancements and program expansions (limited to operational, nonadministrative
costs only, i.e., drivers, fuel, maintenance and insurance) may be included if
expressly approved by the city commission.
301
HOTEL PARKING REQUIREMENTS
PLANNING BOARD RECOMMENDED VERSION
ORDINANCE NO. _____ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 130
"OFF-STREET PARKING," ARTICLE II, "DISTRICTS;
REQUIREMENTS," BY AMENDING THE OFF-STREET PARKING
REQUIREMENTS FOR HOTELS IN ALL DISTRICTS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, current parking requirements for hotels, and for convention hotels
contain a requirement for parking spaces based upon the number of rooms within the
hotel and additional parking requirements for accessory uses within hotels; and
WHEREAS, a review of parking requirements for hotels in other Florida cities
and in other tourist destination cities throughout the country show that most of them
have a lower parking requirement for the dense, walkable, urban districts than our
current requirement of one parking space per hotel room (1: 1 ); and
WHEREAS, parking requirements for accessory uses within hotels, such as
retail, restaurants, clubs, etc., actually draw a large percentage of patrons from outside
of the hotel, and would rationally need more parking than those that were primarily used
by hotel guests and, therefore, such parking is necessary for the operation of a hotels,
such requirements are not being amended; and
WHEREAS, the proposed changes are necessary in order to promote good hotel
development.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
Section 1. That Section 130-32, "Off Street parking requirements for Parking District
No. 1 ,"is hereby amended as follows:
Section 130-32-Off-street parking requirements for parking district no. 1
Except as otherwise provided in these land development regulations, when any building
or structure is erected or altered in parking district no. 1, accessory off-street parking
spaces shall be provided for the building, structure or additional floor area as follows:
(26)
* * *
Hotel, suites hotel, motel or motor lodge: For properties located south of Fifth
Street and properties zoned residential and located south of 1 ih Street. west of
Alton Court, east of Biscayne Bay and north of 61h Street: 1 space per unit. For
properties located within a local historic district or a national register historic
district, and properties bounded by 62nd Street on the south, 73rd Street on the
north, Indian Creek on the west and the Atlantic Ocean on the east: .5 spaces
per unit, up to a maximum of 100 units and 1 space per unit for all units in excess
of 100 units. However, for a building or structure that is classified as
'Contributing', and is located within a National Register Historic District north of
302
63rd Street, the following portions of such building or structure must remain
substantially intact, and are retained, preserved and restored in order to qualify
for this reduced parking space requirement:
i. At least 75 percent of the front and street side facades;
ii. At least 75 percent of the original first floor slab;
iii. For structures that are set back two or more feet from interior side
property lines. at least 66 percent of the remaining interior side walls; and
iv. All architecturally significant public interiors.
In the event such building or structure does not satisfy all of the above
requirements, the parking requirement shall be 1 space per hotel unit. For
properties not located within a local historic district or a national register historic
district: .5 spaces per unit. up to a maximum of 100 units and 1 space per unit for
all units in excess of 100 units. f!However, suites hotel units as defined in Section
142-1104 that are greater than 550 square feet and that contain full cooking
facilities on lots that are greater than 50 feet in width, shall have the same
parking requirement as apartment buildings in (6) b. and c. above. Required
parking for hotel accessory uses shall be as follows:
* * *
Section 130-33 -Off-street parking requirements for parking districts nos. 2, 3
and 4
Except as otherwise provided in these land development regulations, when any building
or structure is erected or altered in parking districts nos. 2, 3 and 4 accessory off-street
parking spaces shall be provided for the building, structure or additional floor area as
follows. There shall be no off-street parking requirement for uses in this parking district
except for those listed below:
* * *
(3) Hotel, convention: For structures viith less than 250 units, one space per two (2)
unit§; for structures with 250 to 499 units, 0.75 space per unit; for structures with
500 units or more, 0.50 space per unit. Required parking for convention hotel
accessory uses shall be as follows:
* * *
(4) Hotel, suites hotel, motel or motor lodge: For properties located south of Fifth
Street and properties zoned residential and located south of 1 th Street. west of
Alton Court, east of Biscayne Bay and north of 61h Street: 1 space per unit. For
properties located within a local historic district or a national register historic
district, and properties bounded by 62nd Street on the south. 73rd Street on the
north, Indian Creek on the west and the Atlantic Ocean on the east: .5 spaces
per unit. up to a maximum of 100 units and 1 space per unit for all units in excess
of 1 00 units. However, in the event a building or structure. which is classified as
'Contributing' and is located within a National Register Historic District north of
63rd Street. the following portions of such building or structure must remain
substantially intact, and are retained. preserved and restored in order to qualify
for this reduced parking space requirement:
i. At least 75 percent of the front and street side facades;
ii. At least 75 percent of the original first floor slab;
iii. For structures that are set back two or more feet from interior side
property lines. at least 66 percent of the remaining interior side walls; and
iv. All architecturally significant public interiors.
2 of 3
303
In the event such building or structure does not satisfy all of the above
requirements, the parking requirement shall be 1 space per hotel unit. For
properties not located within a local historic district or a national register historic
district: .5 spaces per unit. up to a maximum of 100 units and 1 space per unit for
all units in excess of 100 units. l=l-However, suites hotel units as defined in Section
142-1105 that are greater than 550 square feet and that contain full cooking
facilities in buildings on lots that are greater than 50 feet in width shall have the
same parking requirement as apartment buildings in (1 )b. and c. above. Required
parking for hotel accessory uses shall be as follows:
SECTION 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith be and the same are hereby repealed.
SECTION 3. Codification.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of
Miami Beach as amended; that the sections of this ordinance may be renumbered or
relettered to accomplish such intention; and that the word "ordinance" may be changed
to "section" or other appropriate word.
SECTION 4. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this __ day of _______ , 2013.
ATTEST:
CITY CLERK
First Reading: February 6, 2013
Second Reading: March 13, 2013
Verified by: ----=-------=-
Richard G Lorber, AICP, LEED AP
Acting Planning Director
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304
MAYOR
HOTEL PARKING REQUIREMENTS
PLANNING DEPARTMENT STAFF RECOMMENDED VERSION
ORDINANCE NO .. _____ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 130
"OFF-STREET PARKING," ARTICLE II, "DISTRICTS;
REQUIREMENTS," BY AMENDING THE OFF-STREET PARKING
REQUIREMENTS FOR HOTELS IN ALL DISTRICTS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, current parking requirements for hotels, and for convention hotels
contain a requirement for parking spaces based upon the number of rooms within the
hotel and additional parking requirements for accessory uses within hotels; and
WHEREAS, a review of parking requirements for hotels in other Florida cities
and in other tourist destination cities throughout the country show that most of them
have a lower parking requirement for the dense, walkable, urban districts than our
current requirement of one parking space per hotel room ( 1:1 ); and
WHEREAS, parking requirements for accessory uses within hotels, such as
retail, restaurants, clubs, etc., actually draw a large percentage of patrons from outside
of the hotel, and would rationally need more parking than those that were primarily used
by hotel guests and, therefore, such parking is necessary for the operation of a hotels,
such requirements are not being amended; and
WHEREAS, the proposed changes are necessary in order to promote good hotel
development.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
Section 1. That Section 130-32, "Off Street parking requirements for Parking District
No. 1," is hereby amended as follows:
Section 130-32-Off-street parking requirements for parking district no. 1
Except as otherwise provided in these land development regulations, when any building
or structure is erected or altered in parking district no. 1, accessory off-street parking
spaces shall be provided for the building, structure or additional floor area as follows:
* * *
(26) Hotel, suites hotel, motel or motor lodge: For properties located south of Fifth
Street and properties zoned residential and located south of 17th Street. west of
Alton Court, east of Biscayne Bay and north of 6th Street: 1 space per unit. For
properties located within a local historic district or a national register historic
district, and properties bounded by 62nd Street on the south. 73rd Street on the
north. Indian Creek on the west and the Atlantic Ocean on the east: .5 spaces
per unit, up to a maximum of 1 00 units and 1 space per unit for all units in excess
of 100 units. However, for a building or structure that is classified as
'Contributing', and is located within a National Register Historic District north of
305
63rct Street. the following portions of such building or structure must remain
substantially intact, and are retained, preserved and restored in order to qualify
for this reduced parking space requirement:
i. At least 75 percent of the front and street side facades;
ii. At least 75 percent of the original first floor slab;
iii. For structures that are set back two or more feet from interior side
property lines, at least 66 percent of the remaining interior side walls; and
iv. All architecturally significant public interiors.
In the event such building or structure does not satisfy all of the above
requirements, the parking requirement shall be 1 space per hotel unit. For
properties not located within a local historic district or a national register historic
district: . 75 spaces per unit, up to a maximum of 100 units and 1 space per unit
for all units in excess of 1 00 units. AHowever, suites hotel units as defined in
Section 142-11 04 that are greater than 550 square feet and that contain full
cooking facilities on lots that are greater than 50 feet in width, shall have the
same parking requirement as apartment buildings in (6) b. and c. above.
Required parking for hotel accessory uses shall be as follows:
* * *
Section 130-33 -Off-street parking requirements for parking districts nos. 2, 3
and 4
Except as otherwise provided in these land development regulations, when any building
or structure is erected or altered in parking districts nos. 2, 3 and 4 accessory off-street
parking spaces shall be provided for the building, structure or additional floor area as
follows. There shall be no off-street parking requirement for uses in this parking district
except for those listed below:
* * *
(3) Hotel, convention: For structures with less than 250 units, one space per two (2)
unit§; for structures with 250 to 499 units, 0.75 space per unit; for structures with
500 units or more, 0.50 space per unit. Required parking for convention hotel
accessory uses shall be as follows:
(4)
* * *
Hotel, suites hotel, motel or motor lodge: For properties located south of Fifth
Street and properties zoned residential and located south of 17th Street. west of
Alton Court, east of Biscayne Bay and north of 6th Street: 1 space per unit. For
properties located within a local historic district or a national register historic
district, and properties bounded by 62nd Street on the south, 73rd Street on the
north, Indian Creek on the west and the Atlantic Ocean on the east: .5 spaces
per unit, up to a maximum of 100 units and 1 space per unit for all units in excess
of 100 units. However, for a building or structure that is classified as
'Contributing', and is located within a National Register Historic District north of
63rct Street, the following portions of such building or structure must remain
substantially intact. and are retained, preserved and restored in order to qualify
for this reduced parking space requirement:
v. At least 75 percent of the front and street side facades;
vi. At least 75 percent of the original first floor slab;
vii. For structures that are set back two or more feet from interior side
property lines, at least 66 percent of the remaining interior side walls; and
viii. All architecturally significant public interiors.
2 of 3
306
In the event such building or structure does not satisfy all of the above
requirements, the parking requirement shall be 1 space per hotel unit. For
properties not located within a local historic district or a national register historic
district .5 spaces per unit. up to a maximum of 100 units and 1 space per unit for
all units in excess of 100 units. f!However, suites hotel units as defined in Section
142-1105 that are greater than 550 square feet and that contain full cooking
facilities in buildings on lots that are greater than 50 feet in width shall have the
same parking requirement as apartment buildings in (1)b. and c. above. Required
parking for hotel accessory uses shall be as follows:
SECTION 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith be and the same are hereby repealed.
SECTION 3. Codification.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of
Miami Beach as amended; that the sections of this ordinance may be renumbered or
relettered to accomplish such intention; and that the word "ordinance" may be changed
to "section" or other appropriate word.
SECTION 4. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this __ day of-------' 2013.
ATTEST:
CITY CLERK
First Reading: February 6, 2013
Second Reading: March 13, 2013
Verified by:---------
Richard G Lorber, AICP, LEED AP
Acting Planning Director
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307
MAYOR
THIS PAGE INTENTIONALLY LEFT BLANK
308
R7
RESOLUTIONS
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution amending the "film and print production guidelines," and hereby permitting and restricting further uses on
ublic ro ert .
Key Intended Outcome Supported:
Diversify Business Base in Miami Beach
-·---.. ' ··--·-:-:---:::-:--~ Supporting Data (Surveys, Environmental Scan, etc.): In 2012 the City issued 1,004 total film and print permits. Of
those, 54 separate entrees for locations in single family homes with a total of 182 days in total.
Item Summary/Recommendation:
The City periodically reviews it's guidelines to determine if amendments are necessary. The City's Production Industry Council (PIC)
has reviewed amendments to the guidelines at numerous meetings since January 2012. In considering amendments PIC recognized
the long-term value of managing and promoting this industry, and proactively encouraging its continued growth. Proposed
amendments (see attached) mutually agreed to by all parties include the following:
• Clarify the enforcement section of film permits;
• further defining "City-wide" and "Driving Shot" permits;
• expanding the Vehicle Beach Access Policy pertaining to all beach, park and pedestrian use areas;
• other amendments include clean up language to various sections;
• removing the current exemption available to small print productions from being required to provide notification to neighboring
properties.
As you know, in a letter to the City Manager on February 22, 2012, Mr. Alex Tachmes, on behalf of his client, the residents of 4350
North Bay Road (Irwin and Nora Friedman) have requested the City further restrict the frequency and number of Film & Print Permits
in Single Family districts. Mr. Friedman has proposed amendments that would allow up to five (5) days of film and print activity per
month without neighbor consent, only notification as currently required. Any film or print activity above five (5) days per month could
still occur, but would require the consent of abutting residents.
Neighborhood and Community Affairs Committee discussed this item on April 24, September 24, 2012, October 15, 2012 and
November 19, 2012. The Production Industry Council held a Film & Print Guidelines Community Meeting on May 14, 2012, While
some good ideas were brought forward by the residents, such as registering homes, the general consensus of the attending residents
was that Mr. Friedman's proposal was too liberal, even though the majority of the complaints registered were not relevant to legally
permitted film and print uses. With no compromise obtained, the Production Industry Council worked to cull all suggestions to create
a compromise with the City Administration, taking into account the needs of the residents but also with a need to ensure the industry
could continue to thrive in Miami Beach.
On January 25, 2013, Commission Libbin submitted a memorandum (see attached) recommending the City consider a radius
restriction within 500 feet of a hospital or fire station where film and print activity would be restricted to no more than 5 days per month
without neighbor consent.
The Administration, the Production Industry Council and other interested parties all agree that amendments were needed in the Film
and Print Guidelines to tighten the requirements. As such. significant changes have been made to the Film and Print Guidelines that
substantially have drafted and agreed to by all parties. The only outstanding issue left to resolve is whether to allow up to 10 days of
film and print activity per month without neighbor consent or to limit this to 5 days as desired by Mr. Friedman. Considering that the
majority of the amendments proposed by the Administration are not controversial staff recommends approval of the Production
Industry Council (PIC) recommendation, which allows up to 10 days of film and print activity per month without neighbor consent. If
the City Commission feels additional compromise is needed in order to reach consensus between the two groups, the Administration
would continue to work with both groups in an effort to reach consensus. Finally, the Administration is seeking direction from the City
Commission regarding whether or not to include a radius restriction as proposed by Commissioner Libbin.
.. Advisory Board Recom~endation: _ --.. --·-·--·-. ·-
[ .. ~eighborhood and Community Affairs Committee discussed this item on April 24, September 24, 2012, October 15, 2012 and j
l1~~~:;~~~;·. 20~.~· Th~ Production Industry Council (PIC) ~as reviewe~ amendments to t~e guidelines.at numerous meetings~~
Financial Information: .--:~=-~-~-~;_~~of -
1
I Amount~-= --. __ ._Ac~oun~·-·.. ~
~-=---· OBPI Total -"------·--~=±~--·---·----------·-----·--·
Financial Impact Summary:
_ ....... _ .. _gity C!~rk's.Office L-e--,gi,.-sl,......ative Tracking: .~-=-· ·--· ..
[~ax Sklar, Acting Assistant City Manager
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T:\AGENDA\2013\February 6\Film and Print Guideline
MlAMlBEACH
----.. ---·-----·----------·----··~
310
ity Manager
KGB
AGENDA tTEM Rrt ft
DATE J.-b-13
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, wvvw.miomibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of th~ c;, Commission
Kathie G. Brooks, Interim City Manage;!f'~ j
February 6, 2013
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE "FILM AND PRINT PRODUCTION GUIDELINES," AND HEREBY
PERMITTING AND RESTRICTING FURTHER USES ON PUBLIC PROPERTY
ADMINISTRATION RECOMMENDATION
Considering that the majority of the amendments proposed by the Administration are not controversial and,
considering the length of time that these amendments have been discussed, staff recommends approval of the
Production Industry Council (PIC) recommendation. If the City Commission feels additional work is needed in
order to reach consensus between the two groups, the Administration would continue to work with both groups
in an effort to reach consensus.
KEY INTENDED OUTCOME SUPPORTED
Diversify Business Base in Miami Beach
BACKGROUND
On April 18, 2001, the City Commission adopted Ordinance No. 2001-3303 which established procedures and
criteria for the issuance of film permits in the City. At the same time, the City Commission adopted a
companion Resolution that established Film and Print Guidelines. The Film & Print guidelines outline
insurance, indemnity and application requirements; basic requirements for Police and other municipal services;
do's and don'ts of filming; restrictions; and requirements. They also include requirements for residential
production requests, as well as more detailed enforcement policies. These guidelines have been designed to
allow the City flexibility in the coordination of productions. Rarely are productions "cookie cutter" in nature, and
flexibility in the review and approval process allows City staff to be proactive and responsive in accommodating
the varying needs of this industry, while mitigating any impacts of the production on the neighborhood(s).
The Tourism and Cultural Development Department, Office of Film and Special Events, is responsible for
facilitating compatible production and, with the oversight of the City Manager's office, issues Film and Print
Permits. The Office serves the needs of the City's thriving production community while safeguarding the City's
neighborhoods and businesses. The Office of Film and Special Events issues close to 1000 film permits each
year and is an information resource to productions, businesses and residents alike.
Film and Print production is a coveted industry, responsible for substantial direct and indirect economic impact
to Miami Beach. In 2011, using data collected from the Miami Beach and Miami-Dade film permit systems,
Miami Beach alone issued 968 film and print permits for location filming, accounting for $87,070,838 dollars
spent and 22,209 room nights all within Miami Beach. This information is collected by the City and the County
from the productions as part of the permit application process. Miami Beach was part of the key leadership in
pushing through the state of Florida's largest film and entertainment incentive in 2010, which has accounted for
116 new projects, spending over $827 Million in Florida qualified expenditures (of that, $465 Million in wages
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Film and Print Guidelines
Proposed Amendments
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for over 136,000 Florida jobs) and nearly 150,000 room nights for the Southeast region of the state (Miami-
Dade, Broward, Palm Beach, Monroe counties), including the recent upswing of productions in our community,
such as Miami Beach-set "Magic City," the filmed in Miami Beach for LA "Rock of Ages" as well as the
upcoming release of "Step Up Forever." The images taken here in all mediums are transmitted throughout the
world and are a true engine for our tourism destination. Historically, from Frank Sinatra to Jackie Gleason, the
production industry has filled our hotels and restaurants, led to urban renewal and substantial investment,
enhanced media attention and awareness for the destination and created jobs for residents. It is a green, self
marketing economic windfall and is always at risk of being wooed to our competition, whether within Florida
(Orlando, Tampa, Jacksonville), nearby states (Georgia, Louisiana) or outside the country altogether (Puerto
Rico, or Columbia).
The guidelines, while somewhat burdensome and cost prohibitive to some productions, are designed to
maintain the integrity of a neighborhood, and have become a model other communities have referenced when
trying to create their own. Though rarely explored to such limits, the Film and Print Guidelines allow any
residential property in the City of Miami Beach to host production activity a maximum of sixty (60) days within a
six (6) month period. The number of days the guidelines allows takes into consideration the most frequent
production uses of Miami Beach residences, fashion/ print productions, which most often are contained to one
motor home; reality shows, which minimize the production elements altogether to capture a more realistic
setting; and telenovelas (most by locally based Telemundo), which have worked to streamline their production
requirements and minimize their hours to be able to utilize such locations regularly for their daily soap opera
schedule. Miami Beach residential properties are in demand for series television and feature film use, from
"Burn Notice" and "Magic City" to "Pain and Gain," starring Mark Wahlberg and Dwayne "The Rock" Johnson
and "Iron Man 3."
PROPOSED FILM & PRINT AMENDMENTS
In order for the City of Miami Beach to continue to successfully foster stability and growth in the film and print
production industry, the City periodically reviews it's guidelines to determine if amendments are necessary.
The City's Production Industry Council (PIC) has reviewed amendments to the guidelines at their January 10,
2012 and February 14, 2012 meetings. In considering amendments PIC recognized the long-term value of
managing and promoting this industry, and proactively encouraging its continued growth. Prior to attorney Alex
Tachmes' letter seeking to restrict residential film permitting, an item was already placed on the March 2i st City
Commission agenda referring those recommended amendments to the Neighborhoods and Community Affairs
Committee for consideration.
Proposed amendments (see attached) mutually agreed to by all parties include the following:
• Clarify the enforcement section of film permits, mirroring recommended language approved in the
Special Event Guidelines and Regulations, which amends the fine schedule to $500 for a first offense,
$1 ,500 for a second offense, and $3,000 for a third and all subsequent offenses. Penalties for repeat
violations are also proposed;
• further defining "City-wide" and "Driving Shot" permits;
• expanding the Vehicle Beach Access Policy pertaining to all beach, park and pedestrian use areas.
Currently the pass is intended only for beach use. This change allows proper regulation of safety
needs for productions that require access to non-beach authorized areas, such as greenspace,
mirroring language recommended for special event guidelines; and
• other amendments include clean up language to various sections.
• removing the current exemption available to small print productions from being required to provide
notification to neighboring properties. This was an outdated clause that the Administration never
allowed as a matter of practice in order to maintain the quality of life in a neighborhood.
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Proposed Amendments
February 6, 20!_3 __ .,. __ ., . _______ _
Current Residential Notice Requirements
·---------______ ____!:_age 3
As previously stated, these guidelines were adopted in 2001 primarily to regulate residential uses after
concerns at the time that particular homes were truly commercial studios for the Print industry. Film and Print
Permits are the only regulated commercial allowances for single family zoned districts other than garage sales
and home-based businesses.
All productions that want to film in residential neighborhoods are required to obtain a Film & Print Permit. As no
two productions are the same, the Film & Print Office may also require productions to meet additional
requirements depending on the nature and scope of the production.
The guidelines essentially allow for completely contained uses with no major external impacts within the hours
of 7am and 10pm (Sam on weekends and holidays) to proceed with notification to all properties within 500 feet
at least 48 hours prior to the production. Any uses beyond those hours or with more impactful elements
(parking, lane closures, simulated gunfire, etc.) require signature approvals within that same radius, with the
percentage of approvals determining what impacts the City will allow. Productions are not allowed to park
equipment or crew on the street or swale at any time unless a proper street closure has been processed and
approved, including consent (signature approval) from affected residents. In all cases where signature
approvals are required, the immediate neighboring properties must consent or the City will not issue a permit.
In addition to notice, pursuant to the Film Guidelines, signed letters of no objection (signature approval) from
affected neighborhood residents that live within 500 feet of the production is required for residential
productions (including the parking of production vehicles) that are to occur between the hours of 10:00 p.m.
and 7:00a.m. weekdays and 10:00 p.m. and 8:00a.m. weekends, as follows:
• Between 10:00 p.m. and 1:00 a.m., signed letters of no objection (signature approval) from 60%
of affected neighborhood residents must be obtained by the production.
• Between 1:00 a.m. and 7:00a.m., signed letters of no objection (signature approval) forms from
75% of affected neighborhood residents must be obtained by the production.
• In any instance where a production proposes to film at a residential location in excess of 14
consecutive days, regardless of filming activity, the production will be required to obtain signed
letters of no objection (signature approval) from 90% of affected neighborhood residents.
• Maximum number of production days per month with resident notification is currently 28 days.
• Maximum number of consecutive production days per month with resident notification is
currently 14 days.
• Any residential location that wishes to host in excess of 60 days of filming either consecutively
or within a six (6) month period will require review by an Internal Review Board assembled by
the City Manager or his/ her designee to review the request and set conditions for approval.
Requests for review must obtain the 90% signature approvals, as well as approval from the
abutting properties before coming before the Internal Review Board.
• In all cases where signature approvals are required, the immediate neighboring properties must
consent or the City will not issue a permit.
In addition, consent (signature approval) for residential location filming during normal hours is also required in
the following circumstances:
• Productions with exceptional filming activities (e.g., simulated gunfire, bullet hits, fire effects,
explosions, car crashes, aerial filming, etc.), or high-impact productions (e.g., large numbers of
crew/talent and/or production vehicles/equipment present), as determined by the Film & Print
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Proposed Amendments
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Office based on an assessment of potential impact to the surrounding neighborhood, and/or any
situation in which the activities may present a public safety concern.
Residential Notice Requirements-Proposed by Mr. Irwin Friedman
As you know, in a letter to the City Manager on February 22, 2012, Mr. Alex Tachmes, on behalf of his client,
the residents of 4350 North Bay Road (Irwin and Nora Friedman) have requested the City further restrict the
frequency and number of Film & Print Permits in Single Family districts as a result of the recent activity at 4358
North Bay Road, owned by Alex Rodriguez. The property in question has obtained Film & Print Permits in
accordance with the City's Guidelines, has complied with all requirements. However, Mr. Friedman (4350
North Bay Road) believes the frequency of the activity changes the nature of a residential neighborhood.
Since becoming occupied in October, 2011, the property (4358 North Bay Road) has been issued fourteen film
and print permits (thirteen fashion/ print and one commercial) for a total of twenty-one days, all within the hours
of 7 am to 10 pm. Each of these permits has been issued in accordance to the Film and Print guidelines, with
proper notifications provided to residents within 500 feet of the property line and with all vehicles contained
within the property, with street or swale parking prohibited. During the larger commercial use (Victoria's Secret,
directed by Miami Beach resident Michael Bay), in addition to Tourism and Cultural Development staff
monitoring the production throughout the day, the City also required the production to staff three off-duty police
officers to ensure compliance. Since February, when the City was first contacted by Mr. Friedman, the City
has required off-duty police for all productions at this location. To accommodate the neighbor to the south's
concerns, productions do not park any large vehicles in the southern driveway, further minimizing any impact.
Although several complaints were received by the City, there have been no violations nor warnings issued.
Mr. Friedman has proposed amendments that would allow up to five (5) days of film and print activity per
month without neighbor consent, only notification as currently required. Any film or print activity above five (5)
days per month could still occur, but would require the consent of abutting residents. If the production
company tries, but cannot reach the abutting residents within a 24 hour period, the residents' approval is
deemed given. A copy of their detailed proposal can be found in the attached redlined versions of the
Guidelines and Code.
NEIGHBORHOOD AND COMMUNITY AFFAIRS COMMITTEE
At the April 24 Neighborhood and Community Affairs Committee, after testimony from the various represented
parties of the film and print industry as well as Mr. Friedman, Mr. Tachmes, and other residents who favored
his proposal, the Committee found Mr. Friedman's proposal too onerous for the film & print industries to thrive
in Miami Beach and referred further compromise and discussion of other options (including creating hot zones
and easing the permitting process for smaller productions) to the City's Production Industry Council. The
NCAC also directed the Administration to host a community meeting in order to obtain additional public
comment and attempt to find consensus.
Taking direction from the Neighborhood and Community Affairs Committee, the Production Industry Council
held a Film & Print Guidelines Community Meeting on May 14, 2012, welcoming all parties to discuss this issue
and to find a compromise position. While some good ideas were brought forward by the residents, such as
registering homes, the general consensus of the attending residents was that Mr. Friedman's proposal was too
liberal, even though the majority of the complaints registered were not relevant to legally permitted film and
print uses. With no compromise obtained, the Production Industry Council worked to cull all suggestions to
create a compromise with the City Administration, taking into account the needs of the residents but also with a
need to ensure the industry could continue to thrive in Miami Beach.
This subject was subsequently discussed at the September 24, 2012 and October 15, 2012 NCAC meetings.
During the September meeting three (3) hours of public comments was held so the item was discussed by
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Film and Print Guidelines
Proposed Amendments
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Committee-Members during the October meeting~t the October meeting~ 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 add their property to the list during that year,
unless transfer of ownership was proven. This would allow the industry to know which houses are clear to
work around.
The Administration suggested those that had signed the list could be contacted for extensions beyond the
permitted five (5) days per month however; if they declined then the production company would not have the
right to appeal. The Committee (Commissioners Libbin, Exposito and Wolfson present) concurred to bring this
discussion back to the November meeting of the NCAC with some drafted alternatives from the Administration
for their review.
On November 19, 2012, the NCAC reviewed the proposed amendments once again. The discussion focused
on whether or not to institute a "do not contact" list. Consensus could not be reached and the Committee
referred the matter to the City Commission without a recommendation.
The Committee also requested the Legal Department review Mr. Frank Del Vecchio's suggestion regarding the
Zoning rule in single family districts which prohibits commercial use of private property. Pursuant to the
Committee's request the City Attorney reviewed the matter and issued the attached memorandum in response
to the question raised by Mr. Del Vecchio.
5-DAY LIST
Per the direction of the NCAC at the October 151h meeting, the Administration worked with Mr. Tachmes to
draft language for the 5-Day List for consideration. Attached (Exhibit A) is a draft of the proposed language for
your review and consideration.
The NCAC did not make a recommendation regarding the implementation of a 5-Day List, but this item was
favorably received by the resident groups. It should be noted that the Production Industry Council did not
recommend in favor of the 5-Day list because they felt the implementation of such a list would only create a
cottage industry of property owners seeking to exploit the film industry for financial gain.
PRODUCTION INDUSTRY COUNCIL RECOMMENDATIONS
The City Administration has met repeatedly with the Production Industry Council and other members of the
production industry as well as Mr. Friedman and many other residents to develop the following suggestions for
changes to the Residential Film & Print Guidelines:
• Creates classification of "Low Impact Residential Film & Print Use," allowing for 12 or less people with
no large equipment or vehicles allowed. Such uses would include smaller-sized photo shoots,
telenovelas and reality shows, which have become prevalent in Miami Beach and are most affected by
these guideline changes.
• Allows up to 10 days of film and print activity per month without neighbor signed letters of no objection,
only notification as currently required. Any film or print activity above 10 days per month could still
occur, but would require the signed letters of no objection of abutting residents if deemed "Low Impact"
and signed letters of no objection of abutting residents and no less than 60% of residents within 500' of
the property if deemed "Standard Residential Film & Print Use.
• Allows up to 5 consecutive days of film and print activity per month without neighbor signed letters of no
objection, only notification as currently required. Any film or print activity above 5 consecutive days (but
no more than 10 consecutive days) could still occur, but would require the signed letters of no objection
of abutting residents. This is a significant reduction from the current guidelines which allow for 14
consecutive days without signed letters of no objection.
• Allows a maximum of 60 days of film and print activity at any residential property within a calendar year,
which is a reduction from the 60 days in a 6 month period, or 120 days per year, currently allowed.
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Proposed Amendments
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• Continue to allow for an appeal process if one of the abutting property owners/tenants does not consent
or if the property wishes to host in excess of 10 consecutive days of film and print activity or 60 total
days of film and print activity in a calendar year. The appeal would be to the Internal Review Board
who will have the authority, based on new guidelines proposed, to approve the production's request
after considering all circumstances including the opinion of the abutting property owner. The following
criteria is being proposed for consideration to be used by the Internal Review Board before determining
whether or not to approve the production's request:
o History of Code violations at the property;
o past history of the production company;
o frequency of film/print productions at the property;
o duration of the subject production;
o infrastructure and quality of life impacts (e.g. traffic interruptions);
o other impacts to adjacent property owners, including exceptional filming activities (e.g., gunfire,
bullet hits, fire effects, explosions, car crashes, aerial filming, etc.); and
o economic Impact to the City (long-term, short-term, and indirect effects on profit/costs to local
economic industries, including but not limited to hotels, restaurants, entertainment
establishments, retail, and the City).
• Establish a new requirement that if all abutting property owners/tenants do not consent, the production
does NOT have the ability to appeal.
• Expand the Internal Review Board to include a member of the subject area's City-recognized
neighborhood or homeowner's association. If the area does not have a City-recognized neighborhood
or homeowner's association, a member of the Planning Board may serve on the Internal Review Board.
• Requires property owners wishing to host permitted production activity to sign an owner affidavit,
allowing the third party to obtain permits on their behalf and agreeing to follow the permit terms and
conditions, the Film & Print Guidelines and City Code, as well as acknowledging the residence will not
knowingly be used for commercial parties, or for short term rentals as defined in the City Code.
• Require a mandatory review of the guidelines in twelve (12) months .
. I
5 82% 64% 0 50%
10 64% 5 64% 60 50%
316
a
500' -standard
abutting -low
48 hrs-
standard use
24 hrs -low
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City Commission Meeting
Film and Print Guidelines
Proposed Amendments
Februaty 6, 2013 __ _
RADIUS RESTRICTION
Page 7 --·
On January 25, 2013, Commission Libbin submitted a memorandum (see attached) recommending the City
consider a radius restriction within 500 feet of a hospital or fire station where film and print activity would be
restricted to no more than 5 days per month.
The justification for a radius restriction is that film and print activity around hospitals or fire stations create an
environment that is detrimental to the efficient operation of a hospital or fire station and can impact public
safety. Key aspects of film and print events include road closures, an increase in truck and other vehicular
traffic, an increase in pedestrian traffic and increased on-street parking. As a result of this, ambulances and
fire trucks may be obstructed during their route to and from the fire station/emergency room and the
emergency, thus delaying the response time to a possible life threatening event. In addition, film crews will be
placed in danger as ambulances and members of the public speed to an emergency room or as the fire trucks
depart the fire station. Please refer to the attached map to see which areas would be impacted by this
restriction.
This concept was not discussed by the Neighborhood and Community Affairs Committee at any time as it was
only recently introduced. However, the Administration has informed both groups of the proposal.
CONCLUSION
The proposed changes, seen in the comparison chart above, create a 64% reduction from current Guidelines
in allowed uses of residential filming which itself is a challenge to the industry, but one they largely agree with
in order to offset concerns expressed by the residents. Mr. Friedman's proposal represents an 82% reduction
from current guidelines, which the industry feels is not sustainable.
The Administration, the Production Industry Council and other interested parties all agree that amendments
were needed in the Film and Print Guidelines to tighten the requirements. As such, significant changes have
been made to the Film and Print Guidelines that substantially have drafted and agreed to by all parties. The
proposed amendments include reducing the number of days a single family home may be used for permitted
film and print productions before neighborhood consent, included abutting property owners, is required. The
only outstanding issue left to resolve is whether to allow up to 10 days of film and print activity per month
without neighbor consent or to limit this to 5 days as desired by Mr. Friedman.
Considering that the majority of the amendments proposed by the Administration are not controversial and,
considering the length of time that these amendments have been discussed, staff recommends approval of
those items that have gained consensus (clarify the enforcement section, further defining "City-wide" and
"Driving Shot" permits, expanding the Vehicle Beach Access Policy, removing the current exemption available
to small print productions from being required to provide notification to neighboring properties, reducing the
maximum allowed production days per year to 60 days, reducing the maximum number of consecutive
productions days per month to 5 days), as well as 10 days of film and print activity per month without neighbor
consent, which is a significant reduction from the 28 days currently allowed. If the City Commission feels
additional compromise is needed in order to reach consensus between the two groups, the Administration
would continue to work with both groups in an effort to reach consensus. Finally, the Administration is seeking
direction from the City Commission regarding whether or not to include a radius restriction as proposed by
Commissioner Libbin.
KB/MAS/GW
F:\cmgri$ALL\Max Sk!ar\Tourism\Film and Print\Film and Print Guidelines Amendment Memo doc.docx
317
EXHIBIT A EXHIBIT A
Registration on 5 Day List
Notwithstanding any other provision of these Guidelines, each homeowner will have the right,
on an annual basis, to register his or her home on the City "5 Day List" (the "5 Day List"). If a
home is registered on the 5 Day List, there shall be no more than 5 days of film or print activity
in any calendar month at any home which abuts or which has a shared boundary line with a
home on the 5 Day List. After five days per month are used in such homes, productions will be
required to obtain signed consent from the abutting resident(s) on the "5 Day List" for any further
use; however, their existence on this list should act to discourage further production use of the
properties abutting their own. Productions may not request an Internal Review Board as
detailed in section E for any property that abuts a home on the "5-Day List." The 5 day cap is
reached if there are 5 days of production activity in one home in any one calendar month,
regardless of the number of permits obtained.
To the extent any home is not registered on the 5 Day List, then the 5 Day List rules will not
apply to that home and that home will be subject to the remaining provisions of these
Guidelines.
Registration forms and instructions to register for the "5 Day List" are available at
www.filmiamibeach.com.
The registration period for homeowners wishing to be placed on the 5 Day List is September 1
to September 30. Registration for the "5 Day List" does not automatically renew and must be
received in the Office of Film and Print or postmarked each year within the designated
registration period only. No later than August 15 of each year, the City will notify all
homeowners in the City (through the City's standard communication tools) that they may
register their home on the 5 Day List by notifying the City of such registration between
September 1 and September 30. Any homeowner who registers his or her home during that
period of time will be on the 5 Day List for the 12 month period commencing October 1. During
the first year that the 5 Day List is adopted as part of these Guidelines, the City shall provide
notice of a 30 day registration period, commencing with the date of adoption of these
Guidelines, for homeowners to register to be on the 5 Day List. After expiration of the 30 day
period, any homeowner that has registered will be on the 5 Day List until the next occurring
September 30.
The list of homes registered on the 5 Day List will be on the City's website and will be made
available to any production company requesting such information as well as to any other person
or entity who requests it.
After registering his or her home on the 5 Day List, a homeowner has the right to remove his or
her home from the list by written notification to the City. If a home transfer's ownership over the
course of the year, the new homeowner may at any time send to the Office of Film and Print an
affidavit stating they are the new property owner and make a one-time change, requesting the
property be placed on or removed from the "5 Day List."
MIADOCS 6968368 1
318
EXHIBIT B
G MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY
COMMISSION MEMORANDUM
TO:
FROM:
DATE: December 10, 2012 ,._
SUBJECT: Discussion Regarding Proposed Amendments to the City's Film and Print
Guidelines.
The Neighborhoods/Community Affairs Committee considered this subject on November 19,
2012, and requested a City Attorney Opinion on the relationship of the City's Film and Print
ordinances in Chapter 12 of the City Code, to the City's Land Development Regulations
("LDRs"). This memorandum responds to that request.
The LDRs permit accessory uses in single family homes that are customarily associated with a
single family home. Section 142"905(a) provides:
Generally. Permitted accessory uses in single-family districts are those uses
which are customarily associated with single-family houses such as but not
limited to decks, swimming pools, spas, ornamental features, tennis courts.
However, in no instance shall landing or storage areas for a helicopter, or other
aircraft, be permitted as an accessory use. The planning and zoning director may
allow other accessory uses if the director finds after consultation with the
chairman of the planning board that they will not adversely affect neighboring
properties, based upon the criteria listed In section 142"901. Appeal of the
director's decision Is to the board of adjustment pursuant to chapter 118, article
VIII.
With regard to film and print production, the City Commission, through Chapter 12, has set the
City's policy that the City Manager or the Manager's designee, shall have the authority to Issue,
modify or revoke permits for f!!m and print productions, in accordance with criteria set forth In
City Code section 12" 1, and the film and print regulations approved by separate resolution of the
city commission. This policy allows limited accessory use commercial film and print activity on
residentially zoned (private) property, pursuant to a film and print permit, as provided In City
Code section 12~1(1), which provides:
Except for filming by individuals for personal or educational use, and
"professional journalists" collecting, photographing, recording, or reporting
"news," as such terms are defined In F.S. § 90.5015, It shall be unlawful to
engage in film and print production activities on public property, residentially
zoned (private) property, or ln film and print activities that require any city
services, without a film and print permit. (emphasis added).
319
Memorandum to Mayor and Commission
Jam:~e., 1@, a~.s p •c. 110, ..l~ t .a.
Page 2 of 2
Thus, with a permit, film and print activity can occur on "residentially zoned (private) property."
City Code Chapter 12 (adopted by ordinance) and guidelines (adopted by resolution) set the
policy by which the film and print activities are regulated. They operate entirely outside the
LDRs to set the policy without burdening the LDRs, or the Planning Department, which would be
required to interpret and enforce them.
As such, film and print activity in single family houses are permitted accessory uses, as
confirmed In the LDRs, and the City Code, Part A, and are not illegal commercial activities In
single family neighborhoods.
Please advise If you need anything further In this regard.
JS/GMH/s
F:\ATTO\HEL.G\Ordlnances\Fitrn & prlnt\Mamo to Commn re LDRs 12-7-12.doc
We are commllled lo providing excellenl pvb/lc seJVIce and sofsly lo all who live, work, and ploy In our vibrant; trapicol, historic commvnlly.
320
MIAMI BEACH EXHIBIT C
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Kathie Brooks, Interim City Manager
FROM: Jerry Libbin, Commissioner
DATE: January 25, 2013
SUBJECT: Rationale for Exclusion of Hospital Zone
Film and print events within 500 feet of a hospital or fire station create an
environment that is detrimental to the efficient operation of a hospital or fire station
and impact public safety. Key aspects of film and print events include road closures,
an increase in truck and other vehicular traffic, an increase in pedestrian traffic and
increased on-street parking. As a result of this, ambulances and fire trucks may be
obstructed during their route to and from the fire station/ emergency room and the
emergency, thus delaying the response time to a possible life threatening event. In
addition, film crews will be placed in danger as ambulances and members of the
public speed to an emergency room or as the fire trucks depart the fire station.
Please contact my office at ext. 7106 if you have any questions.
JL/er
\lVF~ ore;: corrrn:t~ed to
321
iii CITY OF MIAMI BEACH -FILM AND PRINT OFFICE 118 EXHIBIT D
&!rEL: (305) 673-7070 FAX: (305) 673 7063 tf Email: film@miamibeachfl.gov
FILM & PRINT REQUIREMENTS AND GUIDELINES
I. WHO NEEDS A FILM PERMIT?
II. PERMIT APPLICATION REQUIREMENTS
Ill. NEWS MEDIA
IV. STUDENTS
V. CITY SERVICES
VI. CITY WIDE PERMITS
VII. RESIDENTIAL NEIGHBORHOOD FILMING
VIII. MORATORIA
IX. ENFORCEMENT
X. MISCELLANEOUS
XI. REVISIONS
XII. COMMUNITY
XIII. OTHER GOVERNMENT AGENCIES
XIV. ASSOCIATION & PROPERTY OWNERS
XV. SUMMARY
XVI. PRODUCTION INCENTIVES PROGRAM
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I. WHO NEEDS A FILM & PRINT PERMIT?
Individuals or businesses wishing to conduct commercial film, television, video, online
media, radio and photography projects (hereafter referred to as "Productions") must
obtain a Film & Pf)rint permit from the City of Miami Beach (hereafter referred to as
"City").
Film & Print permits are issued for both public and private properties. Film and
Pfi.n.t:Production activities taking place on private fcommercially zonedj property may not
require a permit, as long as those activities (including all support vehicles and
equipment) are completely self-contained en--within the property. Any production
activities that require city services, including meter rentals, use of off-duty police or fire,
etc.. require a Efilm & p-Rffi-Print permit. The permit shall be available for inspection at
the site on which the photography and/or filmingproduction is to occur. Upon the
request of any police officer or code enforcement officer of the City, the owner, lessee
or representative of the production company shall exhibit such permit.
II. PERMIT APPLICATION REQUIREMENTS
Individuals or businesses wishing to conduct commercial film, television, video and
photography projects must provide the City with a copy of the following documents prior
to the issuance of any Efilm & Pf)rint permits:
• Valid £Gertificate of Hnsurance for no less than one million US dollars (or currency
equivalent) in general liability coverage, naming the City of Miami Beach as
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additional insured and policy certificate holder;
• Completed Indemnity Agreement (downloadable on City's website), signed and
sealed (notary seal or corporate seal), with entity matching the insured party; and
• Completed permit application-f.ofm, with permittee matching insured and indemnified
entity.
A. Requests for--a Efilm & Print permit§. should be received no less than f.e.Hf-two
working days prior to the start of production in commercial districts and five
working days prior to the start of production in residential areas of Miami Beach,
unless additional time is required due to the nature of the request.
Film permit applicants are issued permits that are date, time, and location specificJ.
except for "Miami Beach Citywide" permit,. Requests for filming on weekends or
holidays are reviewed on a case-by-case basis. Locations for Film & Print permits are
reserved on a first-come, first-serve basis, regardless of the size or scope of the
production.
B. A Miami Beach Citywide permit allows for small teams (less than ten people in
total) with minimal equipment (must be easily and quickly transported) to film on
Miami Beach streets, sidewalks, City beaches and parks that do not require
rental fees, assuming the production does not block pedestrian or vehicular traffic
or impact private business or concessionaire, without signature letters of no
objection written apQroval in advance from the Film and Print Office and specific
coordination. Equipment allowed includes camera, tripod, reflectors and battery
operated lights. No generators or cabling allowed. No reserved or authorized
parking permitted, including vehicles on beach or parks. Miami Beach City-wide
does not include use of residential areas, which requires additional coordination
and permitting from the City of Miami Beach. Requests for filming on weekends
or holidays are reviewed on a case by case basis. Locations for film production
are reserved on a first come, first servo basis regardless of tho size or scope of
tho production. Film permits for small crews may be issued on a "City \/Vide"
basis with revio'N and approval from Film & Print Office.
C. Requests for a print (photography) permit should be received no later than
noon on tho day prior to the start of production. Print permit applicants
(photography) may be issued a "City VVide" permit which is valid all day for a
period of time not to exceed throe weeks. These "City \/Vide" permits Elo not
grant tho applicant any special privilege, nor exemption, from any City rule,
regulation, ordiRaf\Bo or need for City services. "City V\1ido" permits do not
include interiors of public buildings. Duo to tho complex nature of film production,
any film permit issued for a specific location is understood to have priority over
any "City \/Vide" print permit.
While those time framosapplication deadlines are considered minimum standards, the
Film & Print Office always appreciates as much notification time as possible and early
notice is in the interest of applicants who wish to secure specific locations, which are
booked on a first-come first-servo basis, or require City services. The Film & Print
Office, without obligation, makes every effort to accommodate all reasonable requests
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that do not meet the above noted minimum time frames.
Ill. NEWS MEDIA: "professional journalists" collecting, photographing, recording, or reporting
"news" as defined in section 90.5015 of the Florida Statute§ are exempt from obtaining
a permit -but are encourageQ. to notify the Film & Print Division Office if possible. Any
uses that require City coordination, inclusive of vehicles accessing authorized areas
requiring prior written authorization for access (e.g, beach and park areas) must
coordinate such uses with the Film Office.
IV STUDENTS are exempt from compliance \Nith the insurance requirement. However,
sStudents must comply with all other permitting requirements and provide valid
identification, along with-=proof of current enrollment with relevant coursework for the
production indicated. and may be asked to provide insurance from their educational
institution.
VI. CITY SERVICES
Upon receipt of the completed permit application or written request, the Office of Film &
Print will determine which City services will be required. The City will determine
minimum staffing levels appropriate for proposed film or print productions. The City
assumes no liability arising or resulting from the determinations of respective minimum
staffing levels or the requirements for any production. Because no two production
requests are the same, requirements may vary for each production. The following is a
general list of frequently required services. The Film & Print Office reserves the right to
require additional City Services and/or monetary deposits not listed below.
A. Use of Beach PatroiOcean Rescue Headquarters and Lifeguard Stands
Approval of the Captain of Beach PatroiOcean Rescue is required. Beach PatroiOcean
Rescue Headquarters must notify the Office of Film & Print of their approval prior to the
issuance of permit. Water activities and/or stunts will require the presence of QGff-
Q.9uty Miami Beach Patrol Ocean Rescue lifeguard(s).
8.1 Use of the Convention Center I +heater of the Performing ArtsCity Theaters and
rental venues
Film permit applicants must contact the management of these facilities in order to obtain
approval and/or pay any applicable fees for the use of these facilities prior to a
film/printFilm & Print permit being issued. Parking arrangements must also be made
with the management of these facilities and the Parking Department for the use of non-
metered parking for these public venues.
C. Golf Courses
All permit applicants must contact the management of these facilities to obtain approval
and/or pay any applicable fees for the use of these facilities prior to any permits being
issued. Golf Courses are not included as part of the "City-Wide" permit.
D. Vehicles on the BeachAuthorized Vehicle Access Passes
Vehicle Access Policv-Vehicles on the beach, in parks or other authorized areas
require prior written authorization and should only be considered when
absolutely necessary and may only be used for production elements and not
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private vehicles and al§o reguir§ prior written authorizationfor the purposes of
loading-in and out of equipment for the production. and must be removed from
such areas immediately thereafter. A Vehicle Access Permit fee of $150 is
assessed per pass. A Vehicle Access Permit will be issued by the Film & Print
Office once payment is made and coordination is met Vehicle Access Passes
must be displayed on the windshield of every vehicle on the beach or in such
approved authorized areas. For any beach access, all such vehicles must be
escorted on and off the beach by either City of Miami Beach Police or Ocean
Rescue. All other authorized access uses (i.e. in City parks) may require escort
by Citv of Miami Beach Police, Ocean Rescue or other designated City
employee(s). All vehicles will be restricted to the location(s) listed on the permit.
All operating vehicles on the beach. park or other authorized use area shall follow the
procedures listed herein:
1. Due care and caution will be utilized at all times while driving any vehicle
on the beach, park or other authorized use area.
2. All vehicles on the beach, park or other authorized use area shall enter
and depart the area ~ at the nearest authorized access point to the
call.
3. Prior to entering the beach, park or other authorized use area, vehicle
headlights and overhead flashing lights (if equipped) or flashers will be
turned on.
4. Drivers must turn off radios and shall roll down both the passenger and
driver's side front windows of their vehicle while operating a vehicle on the
beach, park or other authorized use area.
5. Maximum speed allowed on the beach, park or other authorized use area
is 5 MPH.
6. Vehicles, SUVs, and trucks are prohibited from driving on the soft sand
where hard pack sand exists.
7. Vehicles, SUVs, and trucks shall stay west of the garbage cans on the
hard pack sand at all times.
8. Do not drive over hills or berms (dunes) or near objects that may obstruct
your view.
9. If you stop and exit your vehicle, walk completely around the vehicle prior
to reentering your vehicle and moving it
10. Traffic cones (orange, 18" high) must be placed at the front and rear of
vehicles when parked on the beach, park or other authorized use area.
11. Use of a cellular phone or walkie talkies while the vehicle is in motion is
prohibited.
12. Personal vehicles are prohibited on the beach, park or other authorized
use area at anytime.
These procedures are to be complied with at all times by anyone operating a
vehicle on the beach, park or other authorized use area. Failure to comply with
these procedures may result in immediate revocation of the vehicle access pass
and the film and print permit and termination of the production.
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The applicant is required to obtain a Vehicle Beach Access Permit (\/B,A.P) from the
Office of Film & Print in addition to the regular film/print permit. The day rate of $150.00
per vehicle per day must be paid prior to the issuance of any VBAP. Request and
payment for vehicle access to the beach should be received no later than 24 hours in
advance of the production date. The use of Off Duty police is required to escort
vehicles to and on the beach.
E. Helicopter landings and/or flights under 1000 feet
A letter of authorization from the City Manager is required for any landings on Miami
Beach prior to the issuance of the E.film~/Pf}rint permit. A complete request package
should and must be obtained be received no later than four working days prior to the
production date. As part of a helicopter low-flight/landing request, a production must
apply for "Miami Beach Aerials~" on the Film & Print permit application and submit
the following; proof of insurance from the company/helicopter owner, proof of pilot's
license and certification for requested activities in addition to authorization (low fly
waiver) from FAA authorities.
F. Street I Lane Closures
A street or lane closure permit, including a Right of Way permit, is required prior to the
issuance of the film/printFilm & Print permit. A street or lane closure permit is obtained
from the Police Off-Duty Office and requires the signature of both the from the Offices of
the Chief of Police, Director of Public Works and the City Manager. -The use of Off-Duty
police is necessary. A street street or lane closure permit request should be made no
less than seven working days prior to the production date and must include a
Management of Traffic (MOT) plan from a Florida Department of Traffic (FOOT)
licensed providertraffic management company. In addition, signed letters of
approvaloonsent letter of no objection must be obtained from a minimum of 80%
(preferably 1 00%) of the directly affected properties within the 9leekclosure, and/or
business/residential associations in the area, if applicable. Based on the location, the
Office of Film & Print will identify which entities are to be notified. All meters within the
closure must be reserved wi#lthrough the Miami Beach Parking Department by the
Production.
G. Signage
Signage to direct cast/crew or any other production elements is not permitted and
should not be postedis permitted only by specific Film & Print permit permitted use and
must be removed immediately upon completion of permitted activity. Please use printed
directions and detailed maps to direct cast/cre•N to parking and production sites. Please
direct any further inquires about signage to the Film & Print Division prior to filming
dates.An invoice for costs incurred by the City for any removal of left signage will be
forwarded to the permittee and must be satisfied before issuance of any further permits.
H. Traffic J.nterruptionControl/ Driving Shots
All productions that require any amount of traffic interruption control require must obtain
prior approval from the Office of Film & Print. Traffic interruption control for vehicles
(both oars and boats) and/ or pedestrians requires specific information to be relayed to
the Film & Print Office prior to approval. All traffic interruption will be directly
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coordinated on-site by the gGff-gGuty officer in accordance with the permit.
Productions in need of driving shots must apply for a "Miami Beach Driving Shots"
permitlocation request on the Film & Print permit application. Driving Shots that require
a process rig, car to car that impedes the flow of traffic, car mounts or any traffic control
require off-duty police escort. Each road has specific restrictions and may require
additional permits in accordance with county or state law. Any driving shots on Ocean
Drive may require notice and/or letter of no objection by the Ocean Drive Association as
determined by the Office of Film aru:i& Print.
I. Parking
Most productions require some level of parking arrangements. When an applicant
requires on-street meter rentals or parking spaces in City parking lots/garages,
arrangements must be made with the City Parking Department, in conjunction with the
Office of Film & Print. Due to the high demand for parking spaces in the City of Miami
Beach, the Parking Department will only rent parking meters for vehicles essential to
production and/or to clear parking spaces for the production (no visible vehicles in the
shot). All production vehicles must park in legally designated parking spaces and/or lots.
Vehicles parked in unauthorized areas (e.g., handicapped spaces, loading zones, fire
lanes, alleyways, lanes of traffic, unlicensed lots, residential zones, etc.) without official
authorization will be fined and/or removed. Loading zones are for expeditious loading
anEl unloading and can not exceed 30 minutes in time. Production vehicles are
prohibited from parking on Ocean Drive.
Requests for parking meter rentalss that have a direct impact on a business or
residence may be required to be accompanied by an. letter of consentletter of no
objection consent from the affected business/property owner/ manager prior to the
meter rental being approved. Production vehicles that park adjacent to private
properties must issue prior notification or obtain approval from the business/property
owner(s). The Film & Print Office determines if (any) notification and/or letter(s) of no
objection approval from affected businesses/residents is needed for meter rentals prior
to the permit being issued. This determination is made on a case-by-case basis.
Requests for production vehicle parking should be received by the Parking Department
no later than 48 hours prior to the production date and prior to 3:00 p.m. weekdays.
Requests for meter rentals made less than 24 hours in advance will be assessed a late
fee by the Parking Department. Enforcement of reserved Mmeters are usually bagged
requires 24 hours in advance in order to provide sufficient notice to the
communitynotification.
It is strongly suggested, and may be required of some productions, that orange safety
cones be placed along all trucks and equipment parked on public streets/thoroughfares
to increase public safety.
J. Parks I Recreational Facilities
The Parks Department and/or Park Supervisor must be contacted when the applicant
requires requests the rental or reserved use of a park facility (amphitheaters,
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basketball/handball/tennis courts, baseball/football/soccer fields, pools, etc.). Approval
and/or payment of all applicable rental fees must be made prior to the issuance of the
aBy--Film & Print permit.:....North Shore Open Space Park requires entrance and/or filming
fees, all other parks require coordination with the Parks/Recreation Department prior to
any use of notable impact.:.
K. Production Deposits
For some productionsJ. a refundable $2,500 deposit will be required for filming on public
property in an amount to be determined by the Office of Film aAtl& Print, but no less
than $1000 and commensurate with the potential costs of City Services needed to
maintain and/ or rectify the permitted use. to cover fines in the event violations are
issued, or for any other use permitted by law. Any balance remaining shall be returned
to the applicant. If restoration and/ or cleaning costs exceed the deposit. the permittee
shall reimburse the City for the deficiency, and failing to remit such deficiency shall
result in the permittee not receiving any future permits until the amount overdeficiency is
satisfied. This deposit is primarily for those productions that will be in one location for a
longer than usual time period, and with elements of the production left at the site over
several days. The deposit will be used to restore or olean any areas in need not
accommodated bt the production. The Film & Print office shall have disoretion to
require the deposit and the value of the deposit, based on intended impact.
M. Off-Duty Fire I Fire Rescue l The Off DutySpecial Events Fire Coordinator must be contacted when the applicant
requests the use of fire, pyrotechnics, or will be performing stunts/activities (crashes,
jumps, falls) that are considered life threatening or dangerous, or when a production
needs to temporarily disable fire prevention devices in any facility. In such
instances, the t~SS-presence of QOff-gGuty Miami Beach Fire personnel is required.
N. Off-Duty Police
Off-Q.Guty police are required on any film production if the production personnel consist
consists of ten or more people, or any production in which the proposed activity is
deemed by the Film & Print Office or the Miami Beach Police Department to present a
potential hazard or inconvenience to the general public. Off-duty police officers are
required for all Authorized Access uses, street and lane reductions or closures or any
activity that could be mistaken as a public danger, inclusive of stunt work, fighting, use
of weaponry or bearing a likeness to a police officer. or involving any of the foregoing.
The Police Off-Duty Coordinator determines the minimum number of off-duty police
personnel that will be required and is responsible for the collection of all related fees.
I Requests for QGff-gGuty police personnel should be received three two business days
prior to the production date to ensure the request can be filled.
I • Off-Q.Guty officers will be required for most residential neighborhood filming as
discussed in the Residential Neighborhood Filming section of these regulations.
Print productions completely contained on private residential property and not
including any large crews, outside set-ups or other impact elements, may be exempt
from obtaining an off-duty officer.
I • Off-Q.Guty QPolice's Officers first priority will be to address public safety related
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activities, as well as providing security needs as they relate to the production.
I • Off-Q.Guty officers working on a production are empowered to ensure execution of
the pre-approved site plan, traffic plan and/or film permit. Officers may determine
on-site modifications to the permit when public safety is an issue. Any other
changes made to the issued permit on-site should be done in cooperation with
officer(s) on-site and the Film & Print Office.
• Permittees are encouraged to disclose foreseeable labor/management disputes and
other controversial issues as relative to their project as it may affect the City's ability
to provide police services.
• Applications Requests for QGff Q.Guty police must be received by the Off Duty
Oeffice a minimum of tftfee-two business days prior to the date of requested service.
The Off Duty office Office may grant exceptions, and print production may be
e*emptbased on their discretion.
• Any approved Gff-off dGuty requested that is cancelled by the Off Duty empleyerthe
Production, must provide the Off Duty Ooffice with a minimum of twenty-four (24)
hours notice of the cancellation. Failure to provide twenty-four (24) hour notice will
result in the ProductionOff Duty employef being responsible for the four (4) hour
minimum for each employee off-duty officer scheduled plus the appropriate
administrative charges.
0. SANITATION DEPARTMENT
I The Office of Arts, Culture and EntertainmentFilm & Print will contact the Sanitation
Department when the relocation or removal of dumpsters/trash receptacles are
necessary and/or when the proposed production activity interferes with regular trash
collection. Please note that any production that is found illegally dumping debris/trash
will be fined. In addition, any production leaving debris/trash behind at any production
location will be billed for the time, labor and equipment used by the Sanitation
Department to clean-up the area.
"City VVide" permit includes the use of public property (beach, parks, sidewalks etc) and
e*teriors of the above listed facilities. However, the "City Wide" permit does net allow
the-permit holder to interfere with any scheduled activities at any location. A
representative of these venues can request that the permit holder stop all production
activity and vacate the area immediately and permit holder must promptly comply. City
\/Vide permits may be issued tQ-j*int productions that are of a low impact/small scale,
and filmfTV productions also low impactJsmall in scale that
VII. RESIDENTIAL NEIGHBORHOOD FILMING
Residential filming in Miami Beach, whether single family home or multi-residential
condo or apartment, requires a Film & Print permit. All such production activity,
inclusive of filming, parking, set-dressing, load--in and load~-out in residential areas of
Miami Beach requires a Film & Print permit or shall bpermit orbe cited as a code zoning
violation for the production company and/or homeowner. Productions desiring to film in
residential§_ neighborhoods are required to obtain a permit. Detailed below are the
standard logistical requirements for productions of all sizes desiring to obtain Film &
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Print permits in residential locations. No two productions are the same, and the Film &
Print Office may require productions to meet additional requirements depending on the
nature and scope of a production.
Productions that wHI-require completed notification and/ or signature forms are strongly
encouraged to begin the notification and precess ofnotifying residents and/ or obtaining
signatures at least one week in advance. Completed signature forms are dueshould be
provided to the Film & Print Office no less than 48 hours prior to start of production
activity.:.
English and Spanish language signature and notification forms are available through
theon the Film & Print Office's website (www.filmiamibeach.com) and are mandatory for
use by production companies. These forms must be used by all productions, and shall
be reviewed and approved by the Film & Print Office before any distribution or signature
collection.
A. Homeowner Affidavit for use:
Any resident of the City of Miami Beach wishing to host permitted film and/or print
production in a single family home. condominium or apartment by a third party (e.g.1
production company! location service company, etc.) must sign an owner affidavit,
found on the City's website! acknowledging they have read and understand the Film &
Print Guidelines! specifically as it pertains to residential film and print shoots; agrees to
follow the City's Film & Print Guidelines and City Code; and also acknowledges the
residence will not knowingly be used for other commercial purposes. or for short term
rentals as defined in the City Code. Such affidavits may only be signed by the property
owner or his/ her legally authorized representative.
tpermittedacknowleqging thev have read and understand the Film & Print guideline§-,
specifically as it pertains to residential film & print shoots; agrees to follow the City's Film and
Print Guidelines and City Code: and also ackRQ'.vledges the residence will not knowingly b§
used for comm~rciail)' parties, or for short term rentals as defineq in tbe City Code.
B. Types of Residential Film Uses:
1. Low Impact Residential Film & Print Use is defined as a small team (less than ten
people in total) with minimal equipment (must be easily and quickly transported)
to film entirely within a Miami Beach single family or multi-residential property.
Equipment allowed includes camera. tripod, reflectors and battery operated lights.
No generators or grip equipment allowed. No production motorhomes or
commercial class vehicles allowed. No use of the street or swale for parking,
loading in or loading out.
2. Standard Residential Film & Print Use is defined as any production that requires
more than ten total people and/ or generators or grip equipment and/or
commercial class vehicles or motorhomes and/or wishes to use the street or
public areas for filming, parking or loading in and loading out.
.A,"g.:"""_Notification Forms/Requirements:
1. Notification to affected neighborhood(s) is required for residential locatioR
production usess between the hours of 7:00 a,m. and 10:00 p.m. weekdays and
8:00 a.m. and 10:00 p.m. weekends and holidays. *NOTE: Times denote from
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the start of load-in and 'tail lights eut'to the end of load out for all production
activity.
• Print preductiens may be exempt from this requirement after the Film Office has
reviewed the permit request and as long as the activ#y-dees net involve large
numbers of crew/talent, any parking or equipment not located solely on -primarily
filming property (vvithin the home's property), considerable equipment, special effects
(e.g., pyrotechnics, rainmakers, etc.) or activity that will have a potentially significant
impact on a neighborhood. These productions 1Nould not be exempt from obtaining
a permit. The film office must review all permit applications within residential
neighborhoods print, film or viaee.
2. Mandatory notification to the affected neighborhood should occur no less than 48
hours prior to commencement of any residential filming production activityuse, or
arrival of any production-related vehicles and/or personnel on site for Standard
Residential Film & Print Use and no less than 24 hours prior to commencement
of any residential production use or arrival of any production-related vehicles
and/or personnel on site for Low Impact Residential Film & Print Use .
3. Notification forms must be distributed to all affected areas in a neighborhood.
For purposes of the regulations, the affected neighborhood shall be determined
by the Office of Arts, Culture and EntertainmentOffice of Film and Print.
Notification must be provided to residents within a minimum of 500 feet from any
filming activity and/or equipment parking for Standard Residential Film and Print
Use. Notification must be provided to all abutting residents for Low Impact
Residential Film and Print Use. Some locations may require additional areas of
notice.
•--For proauction activity within a single dwelling home, 1Nhere multi dwelling units are
affected, notification may be distributed to thea signature COQ§ent survey fEQrn--tfle
property ovmer, manager, condo association board-of directors or~-un+t:
owners/tenants §houldsball be pro~t,ide~
4. For production activity within a multi-dwelling unit, signature letters of no
objection consent must be provided to-from the property owner, manager or
condo association board of directors and/ or notification must be distributed to all
individual unit owners/tenants who are affected, as well as any affected
surrounding properties.
Lin certain instances, a production may be required to obtain signatures from the
impacted area during normal filming hours (see the Signature Forms section of
these guidelines).
6. Applicants are required to provide notice by all reasonable means available,
including, but not limited, to by cellular phone, other telephonic means, e-mail,
fax, hand-delivery, mail and any other traceable delivery service (e.g. FedEx,
UPS, courier service or certified mail).
7. Applicant is required to provide documentation of all notices.
8 . Signature Letters of No Objection Forms/Requirements:
The Film and Print Office retains ·urisdiction and discretion to issue or den ermits
b sed on the a licable law and re ulations. As a courtes to abuttin and affected
h meowners their im act in the decision-makin rocess is based on si nature forms
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d scribed herein.
LSignature letters of no objection consent forms from affected neighborhood
residents will be required for residential location production activity between the
hours of 10:00 p.m. and 7:00 a.m. weekdays and 10:00 p.m. and 8:00 a.m.
weekends. *NOTE: Times denote load-in and 'tail-lights out' for production
activity.
2. Any residential locationproperty that wishes to host in excess of five (5)
consecutive g_days of filmingproduction activity within a calendar month must
obtainprovide the City with letters of no obiectionsignature approvals, from
abutting properties. Some locations may require additional areas of notice.
3. Any residential property that wishes to host in excess of ten (1 0) total days of
production activity within a 30 day period must provide the City letters of no
objection. For Standard Residential Film & Print Uses, letters of no objection
must be provided to residents within 500 feet from any filming activity and/or
equipment parking. For Low Impact Residential Film & Print Uses, letters of no
objection must be grovided to all abutting properties (any property that shares a
property line with the house(s) used for filming, parking, etc.). Some locations
may require additional areas of notice.
:+·::L. _______ For residential location filming requests in excess of ten (10) total days of
production activity within a 30 day geriod, or for extended hours between 10:00
p.m. and 1:00 a.m., signature letters of no objection consent forms from 60% of
affected neighborhood residents must be obtained by production, as well as
approval signature letters of no objection from the abutting progerties.
2-0~ _______ For residential location filming requests for extended hours between 1:00
a.m. and 7:00 a.m., signature letters of no objectionconsent forms from 75% of
affected neighborhood residents must be obtained by production, as well as
agprovalsignature letters of no objection from the abutting properties.
• Print or City 'Nide scaled productions may request exemption from this requirement
after the Film Office has revie'IJed the permit request and as long as the activity does
not involve large numbers of crew/talent, considerable equipment, special effects
(e.g., pyrotechnics, rainmakers, etc.) or activity which will have a potentially
significant impact on a neighborhood.
0~.§C~----···-Signature letters of no objection approvals for residential location filming
during normal hours also will be required in the case of exceptional filming
activities (e.g., gunfire, bullet hits, fire effects, explosions, car crashes, aerial
filming, etc.), or high-impact productions (e.g., large numbers of crew/talent
and/or production vehicles/equipment present) as determined by the Film & Print
Office based on an assessment of impact to surrounding neighborhood, and/or
any situation in which the activities may present a public safety concern.
7. Any residential location that wishes to host in excess of sixty (60) days of filming
within a a calendar year (January 1 -December 31) will require review by an
Internal Review Board assembled by the City Manager or his/ her designee to
review the request and set conditions for approval. Requests for review must
obtain the 90% signature letters of no objection within 500' of the property
hosting production activity, as well as signature letters of no objection from the
abutting properties before coming before the Internal Review Board.
4-.-§_,, __________ Jn any instance where a production proposes to film at a residential
FILM & PRINT REQUIREMENTS AND GUIDELINES 20J.1G4
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location in excess of 44ten (1 0) consecutive days, regardless of filming activity,
the production must obtain the 90% signature letters of no objection within 500'
of the property hosting production activity, as well as signature letters of no
objection from the abutting properties before coming before the Internal Review
Board. will be required to obtain signature consent forms from 90% of affected
neighborhood residents, as well as approval from the abl;!tting properties.
Any residential location that vvishes to host in excess of !ill60 days of filming either
consecutively or within a 6 month period a calendar year (January 1 December
ffiwill require review by an Internal Review Board assembled by the City Manager
or hi§t her designee to review the request and set conditions for approval. Requests
fo.r-.fe.v.ie.wst obtain the 90% signature approvals, as 't'lell as approval from the
abutting properties before coming before the Internal Review Board.
6c·Q, ... _.-~--CA resident's signature, printed name and address are required on each
fofffi-:
JQ __ ·-·-·-Original Ssignature letters of no objection forms must be submitted to the
Film & Print Office before a permit may be issued, which includes the resident's
signature, printed name and address.
• Signature forms must be distributed to all impacted areas in a neighborhood.
Signature forms must be provided to residents within 500 feet from any filming
activity and/or equipment parking. Some locations may require additional areas of
notice.
7-,J~ _______ _For production activity within a single-dwelling home, where multi-dwelling
units are affected, approval signatures letters of no objection will be accepted
from the property owner, manager, condo association board of directors or
individual unit owners/tenants. Signature letters of no objection consent consent
formsf:Q.rm.§ from individuals in multi-dwellings units must meet the same
minimum percentages as outlined above.
8,1~"-~ .. -~.For production activity within a multi-dwelling unit, approval signatures
letters of no objection must be obtained from all affected individual unit
owners/tenants, as well as any affected surrounding properties. Signature letters
of no objection consent forms from individuals in multi-dwellings units must meet
the same minimum percentages as outlined above.
9<L:t ___ ~ ____ A map created by the production company should be included with the
original signature letters of no objection cQnseot forms formsupon delivery to the
Film & Print Office. This map should clearly identify pertinent streets by name &
block (i.e. 700 block) indicate all addresses requiring signatures, and clearly
show a site plan for production including all essential equipment parking and any
catering plans.
~O-J.4.o_ ______ At those addresses at which signatures letters of no objection are
required, the map submitted to the Film & Print Office should indicate: approvals,
refusalsnon-objections, objections, properties with no response and vacancies by
address. In the instance of a failure to obtain a signature letter of no objection at
any given address, applicant must document to the Film & Print Office as to the
number of attempts at making contact and provide documented attempts using
recognized carriers (certified mail, etc).
:l:1._1_;?-'--~·Note: Production must inform all affected properties of any schedule
changes made after distribution of original notification/signature letters of no
FILM & PRINT REQUIREMENTS AND GUIDELINES 20J1.G4
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objectionfefms.
--At all times the Film & Print Office reserves the right to require the need for
§..Signature letters of no objection conseo! forms as a condition of the permit.
In recognition that any production has the most impact on adjacent properties, the Film
& Print office will require a signature letters of no objection approval from those adjacent
abutting properties (any property that shares a property line with the house(s) used for
filming, parking, etc.) when a production qualifies as aft§! 'signature' level production. If
one of the adjacent-abutting property owners/tenants does not Vi/ish to consentobjects to
the requested use, the production may request file an appeal requesting that the Film &
Print oOffice activate the City's Internal Review Board to review the production's
request. The Internal Review bBoard will have the authority.._ based on the guidelines
specified in Section C herein. to approve the production's request after considering all
circumstances including the opinion of the aejacent abutting property owner. If all
abutting property owners/tenants do not consentobject to the requested use, the
production does NOT have the ability to appeal.
1. Written consentSigned letters of no objection of the abutting property owners
must be obtained no later than forty-eight (48) hours before the date of the film or
print activity is scheduled to occur.
2. \/Yritten consentSigned letters of no objection of an abutting property owner shall
not be required if the Applicant has provided notice to the property owner and the
owner has failed to respond to the notice for a period of at least twenty-four (24)
hours from the date and time that notice was provided.
3. Applicants are required to obtain consentsignature letters of no objection from all
affected properties, including abutting properties. by all legal and reasonable
means available, including but not limited to by cellular phone, other telephonic
means, e-mail, fax, hand-delivery, mail and any other traceable delivery service
(e.g. FedEx, UPS, courier service or certified mail). Federal law does not permit
distribution in mailboxes.
4. Applicant is required to provide documentation of all notices.
C.(. Internal Review Board
For the purposes described above, an Internal Review Board composed of
representatives from the following City of Miami Beach departments will be convened;
Police Department, Code Compliance, City Manager's Office, Arts, Culture &
EntertaiAmentOffice of Film & Print, and the Parking Department. Other City
Departments will be brought into the Internal Review process as determined based on
the scope & impact of a particular project (Parks and Recreation, Beach Patrol, Fire
Department, Building Department etc.). A Board Member from the Production Industry
Council and a member of the subject area's City-recognized neighborhood or
homeowner's association will also be included on the Internal Review Board. If the area
does not have a City-recognized neighborhood or homeowner's association, a member
of the Planning Board may serve on the Internal Review Board.
When the activation of an Internal Review Board is required, the Office of Film & Print
FILM & PRINT REQUIREMENTS AND GUIDELINES 20.1.fG4
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office shall organize the meeting. Recognizing the often-short timeline productions
must work within, all efforts will be made to ensure the that process is completed quickly
and with full representation of all parties involved.
If the Internal Review Board is activated because an abutting property owner has
dissentedgeclined to sign a letter of no objection, the Internal Review Board must
consider the following criteria before determining whether or not to approve the
production's request:
1. History of Code violations at the property;
2. Past history of the production company;
3. Frequency of film/printFilm & Print productions at the property;
4. Duration of the subject production;
5. Infrastructure and quality of life impacts (e.g. traffic interruptions);
6. Other impacts to adjacent property owners, including exceptional filming activities
(e.g., gunfire, bullet hits, fire effects, explosions, car crashes, aerial filming,
etc.);and
7. Economic Impact to the City (long-term, short-term, and indirect effects on
profit/costs to local economic industries, including but not limited to hotels,
restaurants, entertainment establishments, retail. and the City).
Please Note
1. The Office of Arts, Culture and EntertainmentFilm & Print may determine that
some locations require additional areas of notification.
LProduction may elect to attach an additional letter with further information relating
to the shoot at their discretion.
3. If a production is unable to use their permitted production day due to rain or
inclement weather, the production may request one additional day for each day
lost if properly communicated to the Office of Film & Print in a timely manner.
Such requests must re-notify the prescribed area immediately, but are not
required to obtain signature letters of no objection, if already obtained.
9§..Residential Parking
1. Production vehicles arriving on location in or near a residential neighborhood
shall not enter the area before the time stipulated in the permit, and
notification/signature forms, and must park in approved areas one by one, turning
off engines as soon as possible.
2. Residential productions may only arrange for immediate location parking of
essential production equipment. The parking of private cast/crew vehicles on
public streets is prohibited at all timesunless lane or road closure permits are
obtained. Use of City-owned swale (area abutting the street) is prohibited.ln aU
most instances, arrangements should be made by the production company to
legally park cast/crew vehicles on private property, legally available spaces or
shuttle personnel to set.
3. All production vehicles on location must have a copy of the approved film permit
QLwindow placard on dashboard identifying the production company and/or
project name.
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Several areas in Miami Beach are restricted to Residential Permit parking only,
Monday through Friday 6:00 p.m. through 7:00 a.m., and 24 hours Saturday and
Sunday. Productions in these areas must make arrangements with the Police
and Parking Departments to demarcate and secure the necessary sites.
Friday 6:00 p.m. through 7:00 a.m., and 24 hours Saturday and Sunday.
Productions in these areas must make arrangements with the Police and Parking
Departments to demarcate and secure the necessary sites.
E!Ji. CODE OF CONDUCT
The City of Miami Beach Code of Conduct for Film & Print Productions must be
distributed with all notification or signature letters of no objectionapproval forms, and
crew should also be copied and made aware of the Code of Conduct.
VIII. MORATORIA
The City Manager or his designee has sole discretion to place a temporary moratorium
on locations and neighborhoods that have experienced 'burn-out' as a result of previous
high volume or large impact filming.
IX. ENFORCEMENT
I -Permits shall be maintained at the site on which the photography or filming occurs.
Permits shall be presented on the request of any police officer or code compliance
officer or employee of the Office of Film & Print. A violation of these Film and Print
Guidelines shall be considered a violation of the City Code, enforceable as provided
herein.
• Persons engaged in a Film & Print Production without a permit, or otherwise in
violation of the guidelines herein, shall be subject to enforcement by City police or
Code Compliance officers. through the issuance of immediate cease and desist
orders, the violation of which may subject the offender to the following immediate
fines and/or partial or full default of security deposit:
1. For the first offense within a 12 month period a fine of $500;
2. For the second offense within a 12 month period a fine of $1 ,500;
and
3. For the third offense within a 12 month period and subsequent
offenses a fine of $3,000.
Enforcement. The Code Compliance Division or the Miami Beach Police Department, shall
enforce the provisions of this section. This shall not preclude other law enforcement
agencies or regulatory bodies, from any action to assure compliance with this section and all
applicable laws. If an enforcing officer finds a violation of this section. the officer must issue
a Notice of Violation to the violator. The Notice of Violation must inform the violator of the
nature of the violation, amount of fine for which the violator is liable, instructions and due
date for paying the fine, notice that the Violation may be appealed by requesting an
administrative hearing within ten days after service of the Notice of Violation, and that failure
to appeal the violation within the ten days, shall constitute an admission of the violation and
a waiver of the right to a hearing.
FILM & PRINT REQUIREMENTS AND GUIDELINES 2012Q4
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Violations of a Film & Print Permit
An issued Film & Print Permit will have terms and conditions intended to be
followed by the Production, unless specific arrangements are made only by the
City Manager or his/her designee, in writing, after the event permit is issued.
Should such conditions and/or arrangements be disregardedviolated by the
Production, his or her vendors or participants. whether witnessed by City
personnel or established by photographic or other evidence or testimony
afterwards, the Production would be in violation of the Film & Print permit and be
subject to enforcement proceedings as provided by City Code and/or these
guidelines.
With the exception of violations for which no correction is possible (e.g. noise
violation. production without a required permit, etc.), if the violation is observed
by City staff during the active production. the Film & Print producer/permittee will
be given a time-certain opportunity (30 minutes or other time period as specified
by the City Manager or designee) to correct the violation. Notwithstanding, the
City retains discretion to proceed directly to the issuance of a notice of violation if
the violation is egregious and/or violates conditions expressly provided for in the
permit. or if a prior verbal warning for a violation of the Film & Print Permit has
already been provided. Multiple violations shall be treated as one instance when
simultaneously observed. Examples of Film & Print permit violations may
include, but are not limited to the following, unless specified by the special event
permit: violation of the noise ordinance; unauthorized use of public space; use of
unapproved and/ or unpermitted structures, generators or production elements
with respect to Florida Building Code; improper utilization of the Vehicle Access
Pass policy; violation of Florida Department of Environmental Protection (DEP),
Miami-Dade Environmental Resource Management (DERM) or Florida
Department of Transportation (FOOT) conditions; unauthorized use of branding,
promotional activities or sampling; damaging public property without prior
approval; or inability to effect proper sanitation plan. Any ev€Btfilm or print activity
that takes place without a Film & Print permit cannot by its nature be corrected
and must be cited and shut down immediately.
The City may issue a verbal warning for first time violations in lieu of a first
offense fine.
Such fines are in addition to and separate from any violations issued by the City
for noncompliance with other sections of the City Code. Enforcement of the
abovelmposition of fines shall be subject to appeal to the Special Master. The
City reserves its rights to pursue alternate enforcement proceedings and
penalties as provided for and allowed by law.
The following penalties shall be imposed in addition to any fines for violations
specified above or of Section 12-5 of the City Code:
1. If the offense is the fourth offense within the preceding 12 month period of
time. in addition to the fine, the property and/or Film & Print Production will be
FILM & PRINT REQUIREMENTS AND GUIDELINES 20j204
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restricted from receiving a Film & Print permit for a three (3) month period of
time.
2. If the offense is the fifth offense within six (6) months following the fourth
offense, in addition to any fine, the property and/or Film & Print producer or
and/or permittee will be restricted from receiving a Film & Print permit for an
additional six (6) months period of time. Furthermore, the property and/or the
Film & Print Production aFeshall be considered to be a habitual offender.
3. Notwithstanding the above. for repeat and/or habitual offenders. the City
Manager may decline to issue future Film & Print permits to such person or
entity for one year. or such other period as the City Manager deems
appropriate.
Each violation shall constitute a separate offense for which a separate fine shall
be imposed.
An offense shall be deemed to have occurred on the date the violation occurred.
Restrictions imposed pursuant to this section shall be imposed by City
Administration after finding an offense warranting suspension or restriction has
occurred.
• Persons engaged in film and print activities without a permit, or othervvise in violation
of a permit, shall be subject to enforcement by City police or code compliance
officers, through the issuance of immediate cease and desist orders, the violation of
which may subject the offender to arrest, and/or enforcement as provided for in
section 1 14 of this Code, and/or notices of violation referred to Special Masters,
who have authority to issue fines or enforce compliance, as provided for in Chapter
30 of this Code. Police or code compliance officers will coordinate enforcement with
the Office of Arts, Culture & Entertainment. As an alternate and supplemental
remedy, the City may enforce this ordinance by injunctive relief in any court of
competent jurisdiction, and in such circumstance the City shall be entitled to recover
its reasonable attorneys' fees and costs. For repeat offenders, the Manager or
designee may decline to issue permits to such person or entity for one year, or such
other period as the Manager deems approprfa.t&..
IX. MISCELLANEOUS
1. Cast/crew may not trespass onto other neighbor's or merchant's property. All
personnel should remain within the boundaries of the property that has been
permitted for filming.
2. Residents should never be prevented from accessing their street, driveway or
home as a result of film production except for brief periods when scenes are
being shot.
3. Production shall make every effort to maintain minimal noise levels at all times.
In the performance of the filming activity, vehicle engines and generators shall be
turned off as soon as possible, crew shall refrain from unnecessary shouting and
production radio volumes shall be conducive to effecting communication without
being obtrusive to the surrounding neighborhood. If complaints of excessive
FILM & PRINT REQUIREMENTS AND GUIDELINES 2011_04
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noise levels occur, a representative of the production company shall attempt to
identify, correct and/or modify the noise source.
4. Removing, trimming and/or cutting of vegetation or trees are prohibited unless
approved by the Film & Print Office and/or property ovmerand coordinated with
City Parks Department. In most instances. a County and or State DEP tree
trimming or removal permit will be required.
5. Productions may not impede normal residential services such as garbage
collection and street cleaning without securing prior City approval.
6. At no time may production disrupt regular mail service.
7. Arrangements for the removal of production-generated refuse are the sole
responsibility of the production.
8. When blockage of pedestrian right of way is anticipated, productions must submit
a site plan to the Office of Film & Print Arts, Culture and Entertainment for
approval.
9. ADA compliatnt G_grossovers and/or non slip rubber matting must be used to
safely cover all cables placed on streets and sidewalks.
10. When filming occurs where pedestrians who are not associated with the
production will be present, production representativesproper wayfinding signage
must be provided by the production company and off-duty officers shall be
stationed throughout the set in order to direct pedestrians politely and safely
through or around set.
11. Catering may only occur in pre-approved areas, and may not present any safety
hazard or public nuisance.
12.AII smoking refuse must be properly disposed of in marked 'butt-cans' or other
specifically designated receptacles.
13. Cast/crew may not bring pets to location, unless part of the production, and noted
by the Film a-00& Print Office on the permit.
14. Signs utilized for the direction of cast/crew must be hung with plastic wrap (i.e.,
yellow "caution" tape) string or plastic coated wireidentified by location in
advance and removed immediately upon completion of permitted use. Signs that
are not removed promptly after production may be subject to a fine.
l • The Office of Arts, Culture and Entertainment may require oast'crevtl to wear
J.Gefl-tification badges when on location.
X. REVISIONS
The Mmayor and Csity Ccommission may adopt by resolution Ffilm and Pprint regulations and
the Ccity Mmanager or the Mmanager's designee will administer the regulations as they pertain
to film and print productions working within the city. The Mmanager may authorize amendments
to the regulations proposed by the administration, and shall present such amendments to the
Ceity Ceommission for approval, by resolution. Revtsions to these Film and Print
Regulations proposed by ,A,dministration may be approved by the City Manager. City
Manager may -determine that the nature of a revision(s) is such that Mayor -aru.i
Commission approval will be needed, in the form of a resolution.
XII COMMUNITY __ _
Miami Beach is proud of its community's spirit of giving and cooperation. We invite
production companies who film in Miami Beach to contribute leftover food and
FILM & PRINT REQUIREMENTS AND GUIDELINES 20j1Q4
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expendables to local non-profit groups needing assistance. For a list of non profit
groups, please contact the Film & Print Office. We appreciate any efforts you make to
assist our community in better understanding the production process. The Film & Print
Office will assist in facilitating appointments for members of your cast or crew to talk to
students in local schools and meet with members of our community.
The City of Miami Beach is undergoing an extensive effort to improve quality of life in
our residential neighborhoods. Productions are encouraged to consider assisting in
these neighborhood initiatives. If a production is capable of making lasting contributions
to the community, the City would be happy to help facilitate these efforts.
XII. OTHER GOVERNMENT AGENCIES
A. Miami-Dade County Beach Maintenance
Miami-Dade County Beach Maintenance must be contacted when the applicant requires
the beach to be raked and cleaned prior to the regular scheduled maintenance or when
the applicant's presence on the beach may interfere with the regular scheduled
maintenance. (Beach Maintenance: 305/868-7075)
B. Florida Department of Transportation
Contacted when the applicant will be filming on State roadways (MacArthur Causeway,
Aurthur Godfrey Road, Julia Tuttle Causeway, Alton Road, Fifth Street, Collins Avenue
north of 5th Street, Indian Creek Drive) that are within the City's boundaries but are
under the jurisdiction of the State. If the applicant will be interfering with the normal flow
of vehicular traffic on these roadways, a State permit must be obtained in addition to the
City's permit and the use of City of Miami Beach Police Off-Duty personnel is
mandatory. (FOOT: 305/470-5368)
C. Miami Dade County Turtle Program
It is turtle nesting season each year April through October and activities on the beach
may be subject to additional conditions. (For more information, please contact Bill I Ahern or Jim Hoover at Haulover Beach Park, 305/947-3525).
XIII. ASSOCIATIONS & PROPERTY OWNERS
A. Mercantile Associations
Contacted when the applicant requires the use of any portion of a city block in such a
manner that may interfere with daily business operations and/or pedestrian/vehicular
rights-of-way.
B. Individual/Commercial Property Owners
Contacted when the applicant requests the use of public property (e.g., sidewalk, curb,
loading zone, parking meter, alleyway, park area, median, roadway, etc.) directly in
front, behind, across or next to a specific parcel of non-public property and/or when the
individual/commercial property will appear in the production. When an
individual/commercial property will appear prominently in any production, written
FILM & PRINT REQUIREMENTS AND GUIDELINES 20gG4
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approval from the property may be required before a permit is issued.
Confirmation from these departments, associations and property owners must be
obtained by the applicant. All confirmations and/or additionally required permits will be
verified by the Film & Print Office prior to the issuance of any permit.
XIV. SUMMARY
Because no two requests are the same~ fdue to the creative nature of the entertainment
industry;) it may be necessary to impose additional requirements. The best guideline is
courtesy to the Miami Beach community. Proper planning and notification is the key to
any successful production. No matter the size of the production, all parties are
encouraged to contact the Film & Print Office as soon as they know about any projects
scheduled in the City of Miami Beach.
FILM & PRINT REQUIREMENTS AND GUIDELINES 20j2G4
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MIAMI BEACH
FILM & PRINT DIVISION
PRODUCTION INCENTIVES PROGRAM
The Film & Print Division Office of Miami Beach offers the following incentives to
productions shooting in Miami Beach. To take advantage of this program productions
can contact us by phone: 305/673-7070, by email: film@miamibeachfl.gov, or visit the
website at www.filmiamibeach.com. We encourage any production wishing to take
advantage of these incentives to contact to the City's Film & Print Division Office as far
ahead of the production date as possible.
FILM, VIDEO AND PHOTO PRODUCTION INCENTIVE
This program is available to all permitted productions:
• A free permit option is available to all users.
• One free vehicle beach access pass per day
(an off-duty Miami Beach police officer is required to be on site with any
production brining vehicles on to the beach)
• Waiver of all administrative fees related to the hiring of police off-duty officers for
film, video and photo productions.
No-cost Convention Center Parking
When not in use for a convention or other City event, the Convention Center Parking Lot
can be made available to productions for no-cost crew parking or base camps. This
must be arranged prior to the production start date .
.,.. NOTE: Consideration for neighboring residents and businesses would be
paramount in permitting the use of this Lot. Guidelines established for
Residential Filming would be applied to Convention Center parking requests
and will address hours of operation and any aspects of the production that
may have an impact on the surrounding residents. These guidelines require
a percentage of affirmative "sign-offs" from affected neighbors for parking
requests which exceed "normal" hours of operation and specifically address
residential concerns in respect to productions.
Beach Access
• During the months of June through October, vehicle beach access passes
(above an beyond the one free each day) shall be reduced by 50% to
$75.00 (per vehicle/per day).
• Productions which demonstrate no less than 100 Miami Beach hotel room
nights (via manifest or letter from property) may receive ten vehicle beach
access passes for free with any additional passes issued at the reduced
rate of $75.
Scouting Permits
Temporary scouting permits are available on a per project basis at the direction of the
Film & Print Division. The permit will allow cars to park at legal metered parking at no
cost and within all residential zones. It also allows a maximum of 20 minute parking in
FILM & PRINT REQUIREMENTS AND GUIDELINES 20j104
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342
(marked) loading zones. Scouting permits are limited in time (typically not for more than
one day), and are $25 per day.
Production Company Mobile Unit (PCRV) Permit
A PCRV pass allows production units (RVs) to park in metered spaces without "feeding"
the meters while there. This applies to legal parking spaces only and does not apply to
Residential Parking Zones. The PCRV pass is available for $50 per month/per vehicle.
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FILM & PRINT REQUIREMENTS AND GUIDELINES 20 12G4
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343
RESOLUTION NO. __ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE "FILM AND PRINT PRODUCTION
GUIDELINES," AND HEREBY PERMITIING AND RESTRICTING FURTHER
USES ON PUBLIC PROPERTY
WHEREAS, the City of Miami Beach (the "City") declares that it is in the interest of the
citizens of Miami Beach to ensure that film productions are compatible with the City, which is a major
and internationally recognized tourist destination; and
WHEREAS, the Administration recognized that specific measures need to be taken in order
to minimize the disruption and impact to surrounding residential inhabitants and business entities;
and
WHEREAS, the Administration has reviewed the enforcement provisions that are applicable
for film and print production permit violations, and is recommending necessary amendments which
shall establish appropriate fines and penalties against those individuals who violate the
requirements of Chapter 12, Article I, "Film and Print Productions," of the City Code; and
WHEREAS, the Administration and City Attorney's Office also recommend amending the
enforcement provisions for violations of City Code Section 12-1, which are necessary to accomplish
the above objectives; and
WHEREAS, it is necessary to protect the public health, safety and welfare from potential
problems associated with film and print productions; and
WHEREAS, detailed revisions to the Film and Print Production Guidelines are provided in
the attachment.
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 approve
and adopt the attached amendments to the City's Film and Print Production Guidelines.
PASSED and ADOPTED this, the ___ day of ______ , 2013.
ATTEST:
CITY CLERK
T:\AGENDA\2013\February 6\Film and Print Guidelines Amendment
344
MAYOR
APPROVED AS TO FORM,
LANGUAGE & EXECUTION
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MIAMI BEACH
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Supporting The
Southeast Florida Climate Action Plan And Ado tin The Ma ors' Climate Action Pled e.
Two-thirds of Miami Beach residents (66%) gave the City positive marks for its efforts to be a green or
sustainable Cit .
Item Summary/Recommendation:
In 2010, the Southeast Florida Regional Climate Change Compact (Compact) began as a collaborative
effort among Palm Beach, Broward, Miami-Dade and Monroe Counties, their municipalities, and their
partners. The purpose of the Compact is to unite, organize, and assess the southeast Florida region
through the lens of climate change and develop unified action over the next five years. In October 2012,
the Compact released the Regional Climate Action Plan (RCAP), which was discussed at this year's
Southeast Florida Regional Climate Leadership Summit (Summit). The RCAP's overall objective is to
integrate climate adaptation and mitigation into existing decision-making systems and to develop a plan
that can be implemented through existing local and regional agencies, processes and organizations. The
RCAP is available electronically at http://southeastfloridaclimatecompact.org/compact-documents/.
Recently, the City was selected as the municipal representative from Miami-Dade County for the
Compact's Steering Committee. The Compact Staff Steering Committee, comprised of representatives
from each of the partner counties and selected municipalities, was created to coordinate the RCAP
implementation.
The RCAP provides a framework to help guide policies and serves as a living document with options that
each regional or local government may adopt and utilize based on their interests and vision of the future.
The RCAP lists 110 actionable recommendations that are broken down into the following areas:
Sustainable Communities & Transportation Planning; Water Supply, Management & Infrastructure;
Natural Systems; Agriculture; Energy & Fuel; Risk Reduction & Emergency Management; and Outreach &
Public Policy. Staff from the Public Works, Planning and Building Departments are reviewing the 1 i 0
recommendations to determine specific applicability to the City. Staff will identify the recommendations
that can be implemented specifically by the City and those that are regional initiatives that the City can
support. The RCAP recognizes the diversity of issues across Southeast Florida and that the
implementation of the recommendations will occur at various stages and varying degrees by a multitude
of agencies and jurisdictions, but with the benefit of working within a regional context.
In December 2012 at the Summit, Mayor Bower sat on a panel of elected officials of the four southeastern
Counties and partner municipalities to discuss the changing regional circumstance and the importance of
the RCAP as a framework for future planning and investment decisions. Following the meeting, the
Mayor signed the Mayors' Climate Action Pledge with the intent of bringing it before the Commission for
discussion and approval. The Mayors' Pledge seeks to unite the communities of Southeast Florida
around a common approach to regional sustainability and community resilience. Specifically, the Mayors'
Climate Action Pledge calls for:
• Support of the Southeast Florida Regional Climate Change Compact;
• Consideration for integrating the RCAP framework into future sustainability plans, comprehensive
plans, and climate action plans where feasible and financially appropriate; and,
• Similar action by other municipalities by adopting the Pledge themselves.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Financial Information·
Source of Amount
Funds: 1 N/A
2
OBPI Total
C1t Clerk's Off1ce Leg1slat1ve Trackm :
Elizabeth Wheaton, Environmental Resources Manager x6121
nt City Manager
MIAMI BEACH 346
Account
Agenda Item 87B
Date ~-to~ 13
'"'
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the ~y 't'mission
Kathie G. Brooks, Interim City Manager /A/ •
February 6, 2013
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SUPPORTING THE SOUTHEAST FLORIDA
CLIMATE ACTION PLAN AND ADOPTING THE MAYOR'S CLIMATE
ACTION PLEDGE.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
BACKGROUND
On December 12, 2012, a discussion of the Southeast Florida Regional Climate Action Plan and
the Mayor's Climate Action Pledge was referred to the Sustainability Committee. At the January
15, 2013 Sustainability Committee, the Committee recommended that the City support the
Southeast Florida Climate Action Pledge and adopt the Mayor's Climate Action Pledge.
ANALYSIS
In 2010, the Southeast Florida Regional Climate Change Compact (Compact) began as a
collaborative effort among Palm Beach, Broward, Miami-Dade and Monroe Counties, their
municipalities, and their partners. The purpose of the Compact is to unite, organize, and assess
the southeast Florida region through the lens of climate change and develop unified action over
the next five years.
In October 2012, the Compact released the Regional Climate Action Plan (RCAP), which was
discussed at this year's Southeast Florida Regional Climate Leadership Summit (Summit). The
RCAP's overall objective is to integrate climate adaptation and mitigation into existing decision-
making systems and to develop a plan that can be implemented through existing local and
regional agencies, processes and organizations. The RCAP is available electronically at
http://southeastfloridaclimatecompact.org/compact-documents/.
Recently, the City was selected as the municipal representative from Miami-Dade County for the
Compact's Steering Committee. The Compact Staff Steering Committee, comprised of
representatives from each of the partner counties and selected municipalities, was created to
coordinate RCAP implementation. Early on, this committee convened a technical work group to
develop regionally coordinated baseline planning tools, including a regional greenhouse gas
emissions inventory, a unified sea level projection, and a common methodology for mapping
inundation and performing vulnerability assessments. The counties also coordinate joint policy
and legislative priorities, and meet at a yearly leadership summit, as called for in the Compact
Resolution.
347
February 6, 2013 City Commission Memo
Southeast Florida Climate Action Plan & Mayor's Climate Action Pledge
Page2 of2
The RCAP provides a framework to help guide policies and serves as a living document with
options that each regional or local government may adopt and utilize based on their interests and
vision of the future. The RCAP lists 11 0 actionable recommendations that are broken down into
the following areas:
1. Sustainable Communities & Transportation Planning
2. Water Supply, Management & Infrastructure
3. Natural Systems
4. Agriculture
5. Energy & Fuel
6. Risk Reduction & Emergency Management
7. Outreach & Public Policy
Staff from the Public Works, Planning and Building Departments are reviewing the 110
recommendations to determine specific applicability to the City. Staff will identify the
recommendations that can be implemented specifically by the City and those that are regional
initiatives that the City can support. The RCAP recognizes the diversity of issues across
Southeast Florida and that the implementation of the recommendations will occur at various
stages and varying degrees by a multitude of agencies and jurisdictions, but with the benefit of
working within a regional context.
In December 2012 at the Summit, Mayor Bower sat on a panel of elected officials of the four
southeastern Counties and partner municipalities to discuss the changing regional circumstance
and the importance of the RCAP as a framework for future planning and investment decisions.
Following the meeting, the Mayor signed the Mayors' Climate Action Pledge with the intent of
bringing it before the Commission for discussion and approval. The Mayors' Pledge seeks to
unite the communities of Southeast Florida around a common approach to regional
sustainabi!ity and community resilience. Specifically, the Mayors' Climate Action Pledge calls
for:
• Support of the Southeast Florida Regional Climate Change Compact;
• Consideration for integrating the RCAP framework into future sustainability plans,
comprehensive plans, and climate action plans where feasible and financially
appropriate; and,
• Similar action by other municipalities by adopting the Pledge themselves.
CONCLUSION
The Administration recommends approving the Resolution.
JGG/FHB/JJF/RWS/ESW
T
348
RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH COUNTY, FLORIDA, ENDORSING THE
MAYORS' CLIMATE ACTION PLEDGE, AFFIRMING SUPPORT FOR
THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE
COMPACT, AGREEING TO CONSIDER IMPLEMENTING THE
REGIONAL CLIMATE ACTION PLAN IN WHOLE OR IN PART AS
APPROPRIATE FOR EACH MUNICIPALITY, AND URGING ALL
MAYORS OF MIAMI-DADE COUNTY TO SUPPORT THE MAYORS'
CLIMATE ACTION PLEDGE.
WHEREAS, Florida is considered one of the most vulnerable areas of the
country to the consequences of global climate change with Southeast Florida being at
the frontline to experience the impacts of a changing climate, especially sea level rise;
and
WHEREAS, in recognition of the need for immediate, coordinated and visionary
action to address the impacts of a changing climate and provide for economic and
environmental resilience in Southeast Florida, in 2010 the counties of Palm Beach,
Broward, Miami-Dade and Monroe (Compact Partners) entered into the Southeast
Florida Regional Climate Change Compact (Compact); and
WHEREAS, further recognizing the role of State water managers and local
governments in this regional initiative, the South Florida Water Management District and
one municipal representative from each participating county were invited to participate in
this early phase; and
WHEREAS, in accordance with the Compact commitment and through a two
year collaborative process involving nearly 100 subject matter experts representing
public and private sectors, universities, and not-for-profit organizations, the Compact
Partners developed the Regional Climate Action Plan (RCAP); and
WHEREAS, the RCAP offers recommendations that provide the common
integrated framework for a stronger and more resilient Southeast Florida, including:
• Providing the common framework for Sustainable Communities and
Transportation Planning to be aligned across the region
• Recognizing the need to protect and address vulnerable Water Supply,
• Management and Infrastructure and preserve fragile Natural Systems and
Agricultural resources;
• Providing steps to move towards resilience and reducing emissions through
exploring alternatives and decreasing the use of Energy and Fuel;
• Building upon strength as effective emergency responders and integrating
climate change hazards in Risk Reduction and Emergency Management
Planning;
• Providing for effective Public Outreach initiatives to educate the public on the
consequences of climate change and providing guidance for developing and
influencing Public Policies related to climate change; and
349
WHEREAS, recognizing that there are more than 100 municipalities within the
region that will play an important role in the implementation of the RCAP, the Compact
Partners included municipalities in the development of the RCAP; and
WHEREAS, municipalities individually have been working to achieve
sustainability, and the RCAP presents an opportunity to align these individual local
efforts with the regional framework and vision; and
WHEREAS, municipalities play a key role in the annual Regional Climate
Leadership Summits, participated in RCAP Working Groups and now is the time to
solidify local government support to advance the RCAP; and
WHEREAS, the RCAP now serves as the foundation document of Climate
Resilience Planning as part of the seven county Prosperity Plan in support for economic
development; and
WHEREAS, the RCAP does not provide a mandate but rather serves as a living
guidance document with options that each regional and local government may align to
their own plans and adopt and utilize based on their interests and vision for the future;
and
WHEREAS, the willingness of counties and municipalities to jointly develop and
advocate for mutually beneficial agreements, policies and strategies intended to
influence regional, state and national resilience efforts advances "Good Neighbor"
relationships; and
WHEREAS, in 2005 the U.S. Conference of Mayors adopted the U.S. Mayors'
Climate Protection Agreement (Mayors' Agreement) that became a national model for
effective collaboration and the framework for more than 1,000 municipalities throughout
the nation to take actions to reduce global warming and address the impacts of a
changing climate (climate disruption); and
WHEREAS, in 2012 the need exists for Mayors within the region of Southeast
Florida to collaborate on a renewed agreement that will advance regional climate action
planning within Southeast Florida efforts while continuing to advance the national goals
of the U.S. Mayors' Agreement; and
WHEREAS, utilizing the U.S. Mayors' Agreement as a model for influencing
regional climate policies and effective public outreach, all municipalities throughout the
Southeast Florida region are invited to sign on to the 2012 South Florida Mayors'
Climate Action Pledge and to collaborate on implementation of the RCAP starting today
and for tomorrow.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
Section 1. The City of Miami Beach endorses the Mayors' Climate Action Pledge.
Section 2. The City of Miami Beach affirms support for the Southeast Florida
Regional Climate Change Compact.
350
Section 3. The City of Miami Beach agrees to consider integrating the Regional
Climate Action Plan framework in whole or in part as appropriate for each municipality
into existing and future municipal sustainability action plans, comprehensive plans
and/or climate action plans where and when appropriate and financially feasible.
Section 4. The City of Miami Beach urges all Mayors within Miami-Dade County
to join the Mayors' Climate Action Pledge.
Section 5. EFFECTIVE DATE.
This Resolution shall become effective upon adoption.
ADOPTED this 61h day of February 2013.
Attest:
Rafael Granado, City Clerk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
Matti Herrera Bower, Mayor
T:\AGENDA\2013\February 6\Ciimate Pledge RESO rev.docx
351
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and authorizing the Mayor and City
Clerk to execute an amendment to the Professional Services Agreement between the City of Miami Beach and Strategic Advisory
Group dated October 19, 2011 for consulting services relative to the expansion and enhancement of the Miami Beach Convention
Center campus/district in an amount not to exceed $198,835, including all reimbursable expenses, from previously appropriated
funds from FY 21012/2013 Operating Buclget Fund 168 RDA Ci!Y Center Operations.
Key Intended Outcome Supported:
Improve the Convention Center Facility
Supporting Data (Surveys, Environmental Scan, etc.): The Strategic Plan 2011 Update indicates that occupancy at
Miami Beach Convention Center in FY 2010/11 was 54%.
Issue:
I Shall the Mayor and City Commission adopt the Resolution?
Item Summary/Recommendation:
On October 19, 2011, via Resolution No. 2011-27778, the City Commission authorized the Mayor and City Clerk to enter into an
agreement between the City and Strategic Advisory Group (SAG) for services relative to the expansion and enhancement of the
MBCC District, pursuant to Request for Proposals (RFP) No 33-10/11 in an amount not to exceed $175,000, including all
reimbursable expenses.
On January 11, 2012, the City Commission authorized the Administration to issue Request for Qualifications No. 22-11/12 for
Qualified Developers for a Public-Private Mixed-Use Development in Miami Beach for the Enhancement of the MBCC District,
Including the Expansion of the Miami Beach Convention Center and Development of a Convention Center Hotel (the RFQ). The
RFQ was issued on February 7, 2012.
At the December 12, 2012 City Commission meeting, the Commission accepted the recommendation of the City Manager and
short-listed first ranked Portman CMC and second ranked South Beach ACE to move forward to Phase II ofthe RFQ.
The Administration will require SAG's continued professional industry consulting services for Phase II work, including assistance
with the extensive public master planning process with the community, and the negotiations of the LOis with Portman CMC and
South Beach ACE. SAG, will manage, in conjunction with the City Administration, the Master Planning and LOI Negotiations
process including the following: Project oversight, Managing and maintaining the schedule, Preparing agendas and facilitating
project meetings, Participating in public forums and commission meetings, Drafting and reviewing written correspondence related to
the project, Preparing presentation materials, Facilitating developer discussions, Participating in design review meetings, Answering
developer questions, Drafting the LOt template, Economic impact analysis, Negotiating the LOI, and Reviewing and commenting on
legal documents.
SAG will bill professional fees based on the time spent on the project, multiplied by the hourly billing rates listed in the Contract
Amendment, up to an amount not to exceed $198,835, including all reimbursable expenses (e.g. travel, supplies, etc). SAG
currently anticipates being completed with the scope of services by June 2013.
RECOMMENDATION: Adopt the Resolution.
Advisory Board Recommendation:
Financial Information:
F"ffrs: Amount Account Approved
1 $ 198,835 168-1985-000312 / ~ v oBiv Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
City Manager's Office . S1 n-Offs:
Department Director Assistant City Manager City Manager
M~
MtAMIBEACH
352
AGENDA STEM __.!..R_;_7--:-C-=--
DATE cQ~{p-/3
MIAMI 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: Kathie G. Brooks, City Manager /A~ •
DATE: February 6, 2013
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND STRATEGIC
ADVISORY GROUP DATED OCTOBER 19, 2011 FOR CONSULTING SERVICES
RELATIVE TO THE EXPANSION AND ENHANCEMENT OF THE MIAMI BEACH
CONVENTION CENTER CAMPUS/DISTRICT IN AN AMOUNT NOT TO EXCEED
$198,835, INCLUDING ALL REIMBURSABLE EXPENSES, WITH PREVIOUSLY
APPROPRIATED FUNDS FROM FY 2012/2013 OPERATING BUDGET FUND 168
RDA CITY CENTER OPERATIONS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funds are available in Fund 168 RDA City Center Operations, Account Number 168-1985-000312.
BACKGROUND
On October 19, 2011, via Resolution No. 2011-27778, the City Commission authorized the Mayor and
City Clerk to enter into an agreement between the City and Strategic Advisory Group (SAG) for services
relative to the expansion and enhancement of the MBCC District, pursuant to Request for Proposals
(RFP) No 33-10/11 in an amount not to exceed $175,000, including all reimbursable expenses.
SAG, as part of its scope of services, assisted the City in drafting the Request for Qualifications (RFQ)
for the master development of the MBCC District.
On January 11, 2012, the City Commission authorized the Administration to issue Request for
Qualifications No. 22-11/12 for Qualified Developers for a Public-Private Mixed-Use Development in
Miami Beach for the Enhancement of the MBCC District, Including the Expansion of the Miami Beach
Convention Center and Development of a Convention Center Hotel (the RFQ). The RFQ was issued on
February 7, 2012.
The primary objectives of the RFQ are to:
1. Improve the Convention Center (hereinafter also referred to as the MBCC);
2. Facilitate the ability of the MBCC to attract high impact conventions, meetings, and tradeshows in
an increasingly competitive environment; and
3. Redevelop the surrounding area, including transforming the MBCC District into a new vibrant
353
SAG MBCC Phase 2 Consulting Services MEMO
February 6, 2013
Page 2 of 5
neighborhood with year-round activities; increasing outdoor public space; creating a walkable
district providing connectivity between the MBCC and Lincoln Road and the City's historical and
cultural district; providing iconic architecture in keeping with the City's history of significant design;
incorporating sustainable (LEED) design principles; while being sensitive to the surrounding
residential neighborhoods (particularly with respect to traffic and scale); and offering optimal
economic and community benefits to the City.
RFQ PHASE I
During Phase I of the RFQ, Proposers were evaluated based on their experience with undertaking
comparable urban mixed-use master development projects of the magnitude contemplated. Similarly,
the Proposers' "Lead Architects" were evaluated on their relevant experience in providing design
services for comparable urban mixed-use master developments.
On the RFQ deadline of April 23, 2012, the City received qualifications packages in response to the RFQ
(the proposals) from eight (8) Proposers, three (3) subsequently withdrew their proposals, leaving the
following five (5) Proposers to evaluate:
• CConnectMB
• Portman CMC
• Rida Development Corporation
• South Beach ACE
• Turnberry Lincoln Village, LLC
On November 20, 2012, the Evaluation Committee convened and heard presentations. The Committee
scored and ranked the Proposers, and recommended to the City Manager to shortlist first-ranked
Portman CMC and second-ranked South Beach ACE to move forward to Phase II of the RFQ. SAG also
recommended to the City Manager to shortlist only the two (2) top-ranked Proposers, Portman CMC and
South Beach ACE.
At the December 12, 2012 City Commission meeting, the Commission accepted the recommendation of
the City Manager and short-listed first ranked Portman CMC and second ranked South Beach ACE to
move forward to Phase II of the RFQ.
RFQ PHASE II
As part of Phase II of the RFQ, Portman CMC and South Beach ACE are required to prepare a detailed
proposal for their proposed development of the MBCC District. This Phase, as part of the preparation of
the detailed proposal, will include what the City Administration expects to be extensive community
involvement to gain input on local needs and concerns. Additional meetings will also be held with the
shortlisted Proposers to gather information on the improvement needs of the MBCC to develop the scope
of services for the MBCC enhancement and expansion. Several community meetings and City
Commission workshops will be held to review each Proposer's Master Plan, prior to final consideration
and selection of the final "Master Developer".
In addition to the Master Plan for the site (which will include respective project renderings, a breakdown
of proposed uses, and square footages of each use), the short-listed Proposers' "detailed proposal" will
also include proposals for enhancing public open spaces, a renovation and expansion plan for the
MBCC, a proposal for a convention center hotel, a phasing and absorption plan, financing plan
(including, at minimum, a 30-year financial pro forma), a preliminary traffic impact analysis, any request
354
SAG MBCC Phase 2 Consulting Services MEMO
February 6, 2013
Page 3 of 5
for public assistance, and a summary of projected new City revenues to be generated by the proposed
development, including estimated impacts to the City's tourism economy against baseline criteria.
Concurrent therewith, the City Manager, with SAG's assistance, will negotiate Letters of Intent (LOis)
with the shortlisted Proposers. Some of the items that will be negotiated in the LOI includes the scope of
the renovation and design for the MBCC, the phasing plan, the financing plan, land lease terms (if
required) and other economic impacts, hotel room blocks, and traffic impacts. The negotiated LOI's will
then be presented to the City Commission for consideration and further action.
The Administration will require SAG's continued professional industry consulting services for Phase II
work, including assistance with the extensive public master planning process with the community, and
the negotiations of the LOis with Portman CMC and South Beach ACE.
ANALYSIS
Scope of Work
A copy of the Professional Services Agreement Amendment is attached for your review. Below is a
summary of the scope of services to be performed by SAG during Phase II.
SAG, will manage, in conjunction with the City Administration, the Master Planning and LOI Negotiations
process including the following:
• Project oversight -this includes assisting the City on how to best maximize the City's assets,
informing the City on how to potentially generate maximum private investment, updating the City
on the status of the project, and assisting the City with the resolution of any issues that may arise
as the project progresses.
• Managing and maintaining the schedule-this includes taking the lead role in creating, modifying,
communicating, and administering the attached schedule (Exhibit 1) with both the City team and
the short listed developers. The goal of this process will be to complete a master plan and LOI
from each short listed team by the targeted date.
• Preparing agendas and facilitating project meetings -The attached schedule includes numerous
meetings and work sessions. SAG will be responsible for preparing the agenda for each meeting,
ensuring participants are informed of expectations, and facilitating each meeting as appropriate.
• Participating in public forums and commission meetings. There are four public community
meetings and four City Commission meetings currently planned. It is our goal to create an
environment whereby the community speaks directly to the short-listed development teams, not
an intermediary consultant. Nevertheless, SAG will facilitate the meetings, meet in advance with
leaders to prepare, and ensure the proper presentation materials are prepared.
For the Commission meetings, SAG will assist with drafting briefing information, participate in
Commission member advance briefings, and prepare apple-to-apples comparisons to ensure the
Commission is presented with comparable data for their decision making process.
• Drafting and reviewing written correspondence related to the project -SAG will assist with the
drafting and/or reviewing project information. This will include project update memorandums,
proposal comparisons, and correspondence to the development teams.
• Preparing presentation materials -SAG will prepare presentation materials when required. In
addition, SAG will assist each development team with preparing their materials to ensure each
team presents like data in a similar fashion.
355
SAG MBCC Phase 2 Consulting Services MEMO
February 6, 2013
Page 4 of 5
• Facilitating developer discussions -SAG will assist with the numerous meetings, conference
calls, and discussions with the short listed teams to communicate the City's objectives,
deliverable expectations, financing options, master plan issues, etc.
• Participating in design review meetings -SAG will participate and coordinate the planned design
review meetings. Our main role will be to monitor how each team is moving forward and ensure
the Commission, community, convention center, City and other stakeholder issues are being
addressed.
• Answering developer questions -SAG will be the clearinghouse to answer developer questions
as they arise, ensuring the proper team member from the City team is counseled, and that the
answer is communicated.
• Drafting the LOI template -SAG will draft, in conjunction with the City's legal team, a letter of
intent template outlining the broad terms for the proposal. The LOI will address: diagrams and
renderings communicating the vision for the site; square foot program for each component;
phasing plan and project absorption schedule; development cash flows (revenues, expense,
capital, etc.) for each component, with a summary of significant assumptions, demonstrating
financial viability; terms for leasing land for private development; plan for raising capital and
known funding commitments; scope of services and fee for management of the renovation and
expansion of the MBCC and any other public assets requested to be developed; scope of
services and fee for design of the renovation and expansion of the MBCC and any other public
assets requested to be developed; requested role of the City; hotel room-block commitment; and
the plan to involve the community in the refinement of the vision.
• Economic impact-one of the requirements of the RFQ is for each short listed team to provide an
analysis of the economic impact of the proposed master plan, with documentation supporting how
the estimated economic impact was derived. In addition each team must provide a summary of
City revenues generated by the private components of the project over time, including property
taxes, hotel taxes and sales taxes.
SAG will provide guidance to each team on how these analyses are to be completed to enable an
apples-to-apples comparison of the proposals. This will include providing each team with a
common methodology and assumptions for each calculation.
• Negotiating the LOI -SAG will work in concert with the City legal team to negotiate the LOis.
This will entail numerous conference calls and meetings to ensure each proposal addresses all
issues and that each is as favorable to the City as possible.
FEE AND SCHEDULE INFORMATION
The Amendment to SAG's Professional Services Agreement (Attachment A) summarizes the Phase II
Scope of Services and schedule. SAG will bill professional fees based on the time spent on the project,
multiplied by the hourly billing rates listed in the Contract Amendment, up to an amount not to exceed
$198,835, including all reimbursable expenses (e.g. travel, supplies, etc). SAG currently anticipates
being completed with the scope of services by June 2013. In addition, the Administration will also pursue
reimbursement for a portion of SAG's fee for both Phase I and Phase II as provided in the County GO
Bond Agreement for the Convention Center.
SAG's proposed fee is in line with their contracted fees for other projects, including Houston, Washington
DC, and Salt Lake City. SAG's proposed fee for the City of Miami Beach is higher than its contract fee
for Houston, because the Houston project was only for a hotel, and its developer selection and Council
approval was completed in only three (3) months. There were no community meetings in Houston. The
Phase I process for our Convention Center RFQ had a much longer duration for selection of the
356
SAG MBCC Phase 2 Consulting Services MEMO
February 6, 2013
Page 5 of 5
shortlisted developers, and Phase II of the RFQ will require several months of community involvement,
and City Commission workshops and individual briefings, prior to selection of the final developer.
Conversely, SAG's fee for its work in Washington DC, while only for a hotel development, is significantly
higher because the process there took place over multiple years, as it was put on hold and then started
again, and the scope of services were also expanded to include land acquisition and assembly, a public
subsidy package that had to be approved by Congress, and construction management. The
Administration believes SAG's proposed fee for the Phase II services are reasonable.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the attached Resolution
approving and authorizing the Mayor and City Clerk to execute an amendment to the Professional
Services Agreement between the City of Miami Beach and Strategic Advisory Group dated October 19,
2011 for consulting services relative to the expansion and enhancement of the Miami Beach Convention
Center campus/district in an amount not to exceed $198,835, from previously appropriated funds from
FY 21012/2013 Operating Budget Fund 168 RDA City Center Operations.
T:\AGENDA\2013\2-6-13\SAG MBCC Phase 2 Consulting Services MEMO.doc
357
ATTACHMENT
~tr~tf€!g,~AdvisoryGroup
Amendment #1
PROFESSIONAL SERVICES AGREEMENT DATED OCTOBER 19) 2011
BETWEEN THE CITY OF MIAMI BEACH
AND
STRATEGIC ADVISORY GROUP
FOR
CONSULTING SERVICES RELATIVE TO THE EXPANSION AND ENHANCEMENT OF
THE MIAMI BEACH CONVENTION CENTER CAMPUS/DISTRICT, PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO 33-10/11
January 1, 2013
The following amends Strategic Advisory Group's ("SAG") scope of services, professional fees,
and Term pursuant to our agreement dated October 19, 2011 to provide consulting services
relative to the expansion and enhancement of the Miami Beach Convention Center
Campus/District.
ADDITIONAL SCOPE OF SERVICES
SAG, will manage, in conjunction with City staff, the Master plan!LOI process outlined in
Exhibit 1. This will include:
• Project oversight -this includes assisting the City on how to best maximize the City's
assets, informing the City on how to potentially generate maximum private investment,
updating the City on the status of the project, and assisting the City with the resolution of
any issues that may arise as the project progresses.
• Managing and maintaining the schedule -this includes taking the lead role in creating,
modifying, communicating, and administering the attached schedule (Exhibit 1) with
both the City team and the short listed developers. The goal of this process will be to
complete a master plan and LOI from each short listed team by the targeted date.
• Preparing agendas and facilitating project meetings -The attached schedule includes
numerous meetings and work sessions. SAG will be responsible for preparing the agenda
for each meeting, ensuring participants are informed of expectations, and facilitating each
meeting as appropriate.
• Participating in public forums and commission meetings. There are four public
community meetings and four City Commission meetings currently planned. It is our
goal to create an environment whereby the community speaks directly to the short-listed
development teams, not an intermediary consultant. Nevertheless, SAG will facilitate the
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358
~tr~~egi,c:AdvisoryGroup
meetings, meet in advance with leaders to prepare, and ensure the proper presentation
materials are prepared.
For the Commission meetings, SAG will assist with drafting briefing information,
participate in Commission member advance briefings, and prepare apple-to-apples
comparisons to ensure the Commission is presented with comparable data for their
decision making process.
• Drafting and reviewing written correspondence related to the project-SAG will assist
with the drafting and/or reviewing project information. This will include project update
memorandums, proposal comparisons, and correspondence to the development teams.
• Preparing presentation materials -SAG will prepare presentation materials when
required. In addition, SAG will assist each development team with preparing their
materials to ensure each team presents like data in a similar fashion.
• Facilitating developer discussions -SAG will assist with the numerous meetings,
conference calls, and discussions with the short listed teams to communicate the City's
objectives, deliverable expectations, financing options, master plan issues, etc.
• Participating in design review meetings -SAG will participate and coordinate the
planned design review meetings. Our main role will be to monitor how each team is
moving forward and ensure the Commission, community, convention center, City and
other stakeholder issues are being addressed.
• Answering developer questions -SAG will be the clearinghouse to answer developer
questions as they arise, ensuring the proper team member from the City team is
counseled, and that the answer is communicated.
• Drafting the LOI template-SAG will draft, in conjunction with the City's legal team, a
letter of intent template outlining the broad terms for the proposal. The LOI will address:
diagrams and renderings communicating the vision for the site; square foot program for
each component; phasing plan and project absorption schedule; development cash flows
(revenues, expense, capital, etc.) for each component, with a summary of significant
assumptions, demonstrating financial viability; terms for leasing land for private
development; plan for raising capital and known funding commitments; scope of services
and fee for management of the renovation and expansion of the MBCC and any other
public assets requested to be developed; scope of services and fee for design of the
renovation and expansion of the MBCC and any other public assets requested to be
developed; requested role of the City; hotel room-block commitment; and the plan to
involve the community in the refinement of the vision.
• Economic impact -one of the requirements of the RFQ is for each short listed team to
provide an analysis of the economic impact of the proposed master plan, with
documentation supporting how the estimated economic impact was derived. In addition
each team must provide a summary of City revenues generated by the private
components of the project over time, including property taxes, hotel taxes and sales taxes.
2
359
$,~rf;tt~gi,c;AdvisoryGroup
SAG will provide guidance to each team on how these analyses are to be completed to
enable an apples~ to-apples comparison of the proposals. This will include providing each
team with a common methodology and assumptions for each calculation.
• Negotiating the LOI-SAG will work in concert with the City legal team to negotiate the
LOis. This will entail numerous conference calls and meetings to ensure each proposal
addresses all issues and that each is as favorable to the City as possible.
ADDITIONAL FEES
SAG will be compensated for fees and expenses through December 31, 2012 under the current
contract.
Exhibit 2 presents an estimate of the hours for each task, fees and expenses beginning January 1,
2013, assuming two firms are shortlisted. Fees and expenses are not to exceed $198,835 during
the term. Fees and expenses will increase if more than two firms are shortlisted or the City
materially alters the schedule in Exhibit 1.
SAG's fees will be based on the time worked on the project multiplied by the hourly rates in
Exhibit 2. Each invoice will include a summary of the tasks completed by day by person.
Travel expenses will be paid in addition to fees. Expenses for airfare, rental car, taxi, hotel and
any third party data will be invoiced based on the actual amount, without markup. Meal receipts
will be provided, and will be invoiced not to exceed the City of Miami Beach's per diem rates
which are currently $22.64 for breakfast, $20.14 for lunch and $36.3 8 for dinner.
Invoices shall be submitted monthly and the City shall pay invoices within 30 days of receipt.
TERM
This agreement shall begin on January 1, 2013 and end on June 30,2013.
* * *
3
360
~tr~t~gi~AdvisoryGroup
IN WITNESS WHEREOF, the parties by their duly authorized representatives have caused this
Subcontract Agreement to be executed as of the date first written above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATIEST:
By:
City Clerk Mayor
FOR CONSULTANT: STRATEGIC ADVISORY GROUP LLC
ATIEST:
By: ____________________ __
Thomas Reifert, Partner Jeffrey Sachs, Managing Partner
4
361
Jan 8
Jan 9
Jan 17
Jan29
Jan 29 Eve
Feb26
Feb 27
Feb 27 Eve
Feb 28
Feb 27 I 28
Mar26
Mar27
Mar 27 eve
Mar28
April5
April
April26
May 8 eve
May 9 I 10
May 15
!Jtr~t~gj9:AdvisoryGroup
Exhibit 1
Design!LOI Process
CityiSAG/Tishman ·Kick Off Meeting, MBCC Walk· Through
CityiSAGIPortman-Kick Off Meeting, MBCC Walk· Through
City Commissioner Briefings
Tishman and Portman meeting with Convention Center Advisory Board
Publi~: Comrnunity l -Gather initial public input
CityiSAG/Portman -Internal Preliminary Master Plan Review
CityiSAG/Tishman -Internal Preliminary Master Plan Review
Public Communily "'2
• Guiding Principles for Master Plan based on community input
• Master Plan Concept (bubble diagrams)
City Commission Workshop #1
• Guiding Principles for Master Plan based on community input
• Master Plan Concept (bubble diagrams)
City Commissioner Briefings
City/SAG/Portman -Internal Master Plan Review
CityiSAG/Tishman -Internal Master Plan Review
City Commission Workshop #2 & Public Cotnrnunity
• 3D Massing diagrams
City Commissioner Briefings
Initial LOI terms due to the Administration
LOI review and negotiations
Final Masterplan deliverables and LOI due
Public Community Mectmg 114
• Complete Master Plans
City Commissioner Briefings
Special City Cormnission Meeting
• Complete Master Plans
• Proposed LOI Terms
5
362
Str~t~gi~AdvisoryGroup
May 22 I 23 City Commission Briefings
Jun 5 City Commission Meeting
• Selection of the Final Proposer based on LOis and Master Plans
6
363
~tr!itf.!gi~AdvisoryGroup
Exhibit 2
Estimated Hours, Fees and Expenses
Fees
Project Oversight 30 20 50 $14,750
Commissioner meetings 35 0 35 11,375
Managing & Maintaining the Schedule 25 20 45 13,125
Facilitating project meetings 10 10 20 5,750
Participating in public forums and 32 16 48 14,400
corrnnission meetings
Drafting and reviewing written 20 10 30 9,000
correspondence related to the project
Preparing presentation materials 20 30 50 14,000
Facilitating developer discussions 40 10 50 15,500
Participating in design review meetings 30 30 60 17,250
Answering developer questions 20 15 35 10,250
Drafting the LOI template 30 10 40 12,250
Economic impact 10 35 45 12,000
Negotiating the LOI 60 15 75 23,250
362 221 583 172,900
Billing Rate $325 $250
Fees $117,650 $55,250 $172,900
Travel Expense Allowance (15%) 25,935
TOfAL $198,835
Average over 6 months $33,139
7
364
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND STRATEGIC ADVISORY GROUP (SAG)
DATED OCTOBER 19, 2011 FOR CONSULTING SERVICES RELATIVE TO THE
EXPANSION AND ENHANCEMENT OF THE MIAMI BEACH CONVENTION CENTER
(MBCC) CAMPUS/DISTRICT IN AN AMOUNT NOT TO EXCEED $198,835,1NCLUDING ALL
REIMBURSABLE EXPENSES, WITH PREVIOUSLY APPROPRIATED FUNDS FROM FY
2012/2013 BUDGET OPERATING FUND 168 RDA CITY CENTER OPERATIONS.
WHEREAS, on October 19, 2011, via Resolution No. 2011-27778, the City Commission
authorized the Mayor and City Clerk to enter into an agreement between the City and SAG for
services relative to the expansion and enhancement of the MBCC District, pursuant to Request
for Proposals (RFP) No 33-10/11 in an amount not to exceed $175,000, including all
reimbursable expenses; and
WHEREAS, SAG, as part of its scope of services, assisted the City in drafting the
Request for Qualifications (RFQ) for the master development of the MBCC District, and on
January 11, 2012, the City Commission authorized the Administration to issue Request for
Qualifications No. 22-11/12 for Qualified Developers for a Public-Private Mixed-Use
Development in Miami Beach for the Enhancement of the MBCC District, Including the
Expansion of the Miami Beach Convention Center and Development of a Convention Center
Hotel (the RFQ) which was subsequently issued on February 7, 2012; and
WHEREAS, on the RFQ deadline of April 23, 2012, the City received qualifications
packages from eight (8) Proposers in response to the RFQ; and
WHEREAS, at the December 12, 2012 City Commission meeting, the Commission
accepted the recommendation of the City Manager and short-listed two Proposers, first ranked
Portman CMC and second ranked South Beach ACE, to move forward to Phase II of the RFQ;
and
WHEREAS, as part of Phase II of the RFQ, Portman CMC and South Beach ACE will be
required to prepare a detailed proposal for their proposed development of the MBCC District,
and Letters of Intent (LOis) with the shortlisted Proposers will be negotiated, which will include
the scope of the renovation and design for the MBCC, the phasing plan, the financing plan, land
lease terms (if required) and other economic impacts, hotel room blocks, and traffic impacts,
and the LOI's will then be presented to the City Commission for consideration and further
action; and
WHEREAS, the Administration will require SAG's continued professional industry
consulting services for Phase II work, including assistance with the extensive public master
planning process with the community, and the negotiations of the LOis with Portman CMC and
South Beach ACE; and
WHEREAS, SAG, will manage, in conjunction with the City Administration, the
Master Planning and LOI Negotiations process including the following:
• Project oversight -this includes assisting the City on how to best maximize the
City's assets, informing the City on how to potentially generate maximum private
investment, updating the City on the status of the project, and assisting the City with
the resolution of any issues that may arise as the project progresses.
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365
• Managing and maintaining the schedule -this includes taking the lead role in
creating, modifying, communicating, and administering the attached schedule
(Exhibit 1) with both the City team and the short listed developers. The goal of this
process will be to complete a master plan and LOI from each short listed team by the
targeted date.
• Preparing agendas and facilitating project meetings -The attached schedule
includes numerous meetings and work sessions. SAG will be responsible for
preparing the agenda for each meeting, ensuring participants are informed of
expectations, and facilitating each meeting as appropriate.
• Participating in public forums and commission meetings. There are four public
community meetings and four City Commission meetings currently planned. It is our
goal to create an environment whereby the community speaks directly to the short-
listed development teams, not an intermediary consultant. Nevertheless, SAG will
facilitate the meetings, meet in advance with leaders to prepare, and ensure the
proper presentation materials are prepared.
For the Commission meetings, SAG will assist with drafting briefing information,
participate in Commission member advance briefings, and prepare apple-to~apples
comparisons to ensure the Commission is presented with comparable data for their
decision making process.
• Drafting and reviewing written correspondence related to the project -SAG will
assist with the drafting and/or reviewing project information. This will include project
update memorandums, proposal comparisons, and correspondence to the
development teams.
• Preparing presentation materials -SAG will prepare presentation materials when
required. In addition, SAG will assist each development team with preparing their
materials to ensure each team presents like data in a similar fashion.
• Facilitating developer discussions -SAG will assist with the numerous meetings,
conference calls, and discussions with the short listed teams to communicate the
City's objectives, deliverable expectations, financing options, master plan issues,
etc.
• Participating in design review meetings -SAG will participate and coordinate the
planned design review meetings. Our main role will be to monitor how each team is
moving forward and ensure the Commission, community, convention center, City
and other stakeholder issues are being addressed.
• Answering developer questions -SAG will be the clearinghouse to answer
developer questions as they arise, ensuring the proper team member from the City
team is counseled, and that the answer is communicated.
• Drafting the LOI template-SAG will draft, in conjunction with the City's legal team, a
letter of intent template outlining the broad terms for the proposal. The LOI will
address: diagrams and renderings communicating the vision for the site; square foot
program for each component; phasing plan and project absorption schedule;
development cash flows (revenues, expense, capital, etc.) for each component, with
a summary of significant assumptions, demonstrating financial viability; terms for
leasing land for private development; plan for raising capital and known funding
commitments; scope of services and fee for management of the renovation and
expansion of the MBCC and any other public assets requested to be developed;
scope of services and fee for design of the renovation and expansion of the MBCC
and any other public assets requested to be developed; requested role of the City;
hotel room-block commitment; and the plan to involve the community in the
refinement of the vision.
T:\AGENDA\2013\February 6\SAG MBCC Phase 2 Consulting Services RESO.doc
366
• Economic impact-one of the requirements of the RFQ is for each short listed team
to provide an analysis of the economic impact of the proposed master plan, with
documentation supporting how the estimated economic impact was derived. In
addition each team must provide a summary of City revenues generated by the
private components of the project over time, including property taxes, hotel taxes
and sales taxes.
SAG will provide guidance to each team on how these analyses are to be completed
to enable an apples-to-apples comparison of the proposals. This will include
providing each team with a common methodology and assumptions for each
calculation.
• Negotiating the LOI -SAG will work in concert with the City legal team to negotiate
the LOis. This will entail numerous conference calls and meetings to ensure each
proposal addresses all issues and that each is as favorable to the City as possible.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby.
PASSED AND ADOPTED this 6th day of February 6, 2013.
ATTEST:
Matti Herrera Bower, Mayor Rafael Granado, City Clerk
T:\AGENDA\2013\February 6\SAG MBCC Phase 2 Consulting Services RESO.doc
367
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney Date
COMMISSION ITEM SUMMARY
Key Intended Outcome Supported: I N/A
Item Summary/Recommendation:
The Settlement Agreement relates to land located at 120-130 Ocean Drive and a residential project with
associated parking and retail/restaurant use approved to be constructed on the Land under Building Permit
No. B-9900085 (modified to B-000181 0, B-01 01591, and then B0702576).
120 Ocean Drive LLC is the successor in interest to the Congress Group, having purchased fee simple title
to the Land on October 9, 2012.
Ocean seeks to modify the Permit in accordance with plans prepared by the architectural firms of Bermello,
Ajamil &. Partners, Inc. and Rene Gonzalez Architect, Inc. (the "Final Schematic Design"), see attached
renderings which Final Schematic Design has been approved by the City's Historic Preservation Board
(HPB) on January 15, 2013, HPB file no. 7346. Following approval of this Modification to Settlement
Agreement, the project will be considered by the Planning Board for approval of a conditional use permit for
mechanical parking.
The Administration recommends adopting the Resolution.
Advisory Board Recommendation:
Financial Information:
Source of Amount
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
Gary Held Ext. 6532
n-Offs:
Department Director Assistant City M
JGG
T:\AGENDA\2013\February 6\120 Ocean Drive-Summary.docx
MlAMIBEACH
368
Account Approved
ity Manager
KGB
AGENDA lTEM __.R ....... 1~D'---_
DATE 2-b·/3
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, l·n~te. r·i·m· gw. M~.a ap; .. ~) ~ tJ --· Jose Smith, City Attom¢Y <ffi,:.-/
February 6, 2013 ( · -~~--· ~/~ /-:;
SUBJECT: 120 Ocean Drive-Modification to Settlement Agreement
A RESOLUTION APPROVING A MODIFICATION TO SETTLEMENT
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND 120 OCEAN
DRIVE, LLC, A FLORIDA LIMITED LIABILITY COMPANY, CONCERNING
DEVELOPMENT OF PROPERTY AT 120 OCEAN DRIVE.
ADMINISTRATION AND CITY ATTORNEY RECOMMENDATION
Approve the Resolution.
BACKGROUND
Lawsuits and claims by Micky Biss, individually, and USA Express, Inc., a Florida
corporation, were settled pursuant to a Settlement Agreement dated July 26, 2006 (the
"Settlement Agreement") between The Congress Group, Inc., a Massachusetts
domestic profit corporation, Ocean Drive, CFI, LLC, a Delaware Limited Liability
Company (collectively the "Congress Group") and the City.
The Settlement Agreement relates to land located at 120 -130 Ocean Drive and a
residential project with associated parking and retail/restaurant use approved to be
constructed on the Land under Building Permit No. B-9900085 (modified to B-0001810,
B-01 01591, and then 80702576).
120 Ocean Drive LLC is the successor in interest to the Congress Group, having
purchased fee simple title to the Land on October 9, 2012.
Ocean seeks to modify the Permit in accordance with plans prepared by the
architectural firms of Bermello, Ajamil &. Partners, Inc. and Rene Gonzalez Architect,
Inc. (the "Final Schematic Design"), see attached renderings which Final Schematic
Design has been approved by the City's Historic Preservation Board (HPB) on January
15, 2013, HPB file no. 7346. Following approval of this Modification to Settlement
Agreement, the project will be considered by the Planning Board for approval of a
conditional use permit for mechanical parking.
The Final Schematic Design proposes to modify the Project by reducing heights of the
building's tower and pedestal, decreasing the density of the development program, and
by incorporating elevations and landscaping that are intended to be harmonious with
the surroundings. The resulting building is approximately ten feet (10') lower in height,
excluding mechanical structures, than the Project, has a two-story mechanical parking
garage, ten (1 0) residential units (reduced from thirty-five (35)), pool deck, one
commercial space, which is approximately 700 square feet and one meeting room (the
369
Commission Memorandum
120 Ocean Drive -Modification to Settlement Agreement
February 6, 2013
"Development").
ANALYSIS
Page 2of 2
The proposed building is approximately ten feet (10') lower in height, excluding
mechanical structures than the Project, has a two-story mechanical parking garage, ten
(10) residential units, pool deck, one commercial space, which is approximately 700
square feet and one meeting room (the "Development"). The Project, as originally
designed and as evidenced by the existing and valid Permit, was intended to be a
building that was 204' in height, excluding mechanical structures, with a five-story
parking pedestal.
The design of the Project, as evidenced by the Permit, bore no relationship, either in
scale or massing, to its direct neighbors. The reduced scale and massing of the
Development is an improvement over the original design of the Project, since the
reductions in scale and massing create an improved relationship to the neighboring
properties and a resulting improvement in the fabric of the built environment. In
addition, construction of the Project, as originally permitted would have added thirty.
five (35) dwelling units to the area, while the Development will only have ten (10)
residential units. The Development reduces density and constitutes a further benefit to
the City.
The parties agree that the original Project continues to be grandfathered and vested,
both as to design and use, as of the zoning in place at the time that Biss submitted
their completed application in 1993 and received Design Review Board approval; (ii)
the Final Schematic Design, as approved by the HPB, is substantially within the scope
of the Permit and Ocean may obtain a modified or new building permit (as determined
by the Building Official) to construct the Project pursuant to the Final Schematic
Design; and (iii) Development Approvals of the Final Schematic Design, and approval
of the amended Permit, will not divest Ocean's vested rights in the Permit, which
remains grandfathered. Ocean agrees to pay such fees as the Building Official
determines are appropriate to the review of the application seeking building permits for
the Final Schematic Design.
The applicant has informed the City that they have reached out to the neighborhood
and have obtained an endorsement from the South of Fifth Neighborhood Association.
The Project has obtained Historic Preservation Board approval and must still obtain a
Planning Board approval, through additional public hearings, for the modification of the
parking structure by the use of automobile elevators.
CONCLUSION
The Administration and City Attorney recommend that the City Commission approve the
modification to the Settlement Agreement by adopting the Resolution.
KGB/JS/~MH
' ' cp /
T:\AGENDA\2013\February 6\120 Ocean Drive-Memo to Commn 1-25-13.docx
370
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A
MODIFICATION TO SETTLEMENT AGREEMENT BETWEEN 120
OCEAN DRIVE LLC, AND THE CITY OF MIAMI BEACH, AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
THE MODIFICATION, AND AUTHORIZING THE CITY MANAGER
AND CITY ATTORNEY TO TAKE SUCH ACTIONS AS MAY BE
NECESSARY TO CARRY OUT THE INTENT HEREOF.
WHEREAS, lawsuits and claims by Micky Biss, individually, and USA Express,
Inc., a Florida corporation, were settled pursuant to a Settlement Agreement dated July 26,
2006 (the "Settlement Agreement") between The Congress Group, Inc., a Massachusetts
domestic profit corporation, Ocean Drive, CFI, LLC, a Delaware Limited Liability
Company (collectively the "Congress Group") and the City; and
WHEREAS, the Settlement Agreement relates to those parcels of land located at 120 -
130 Ocean Drive within the City, and a residential project with associated parking and
retail/restaurant use approved to be constructed on the Land under Building Permit No. B-
9900085 (modified to B-0001810, B-OlC)J 591, and then B0702576).
WHEREAS, 120 Ocean Drive LLC ("Ocean") is the successor in interest to the
Congress Group, having purchased fee simple title to the Land on October 9, 2012, and Ocean
is the developer of the Project, as modified as proposed herein; and
WHEREAS, Ocean seeks to modify the Permit in accordance with plans prepared by
the architectural firms of Bermello, Ajamil &. Partners, Inc. and Rene Gonzalez Architect,
Inc. (the "Final Schematic Design"), which Final Schematic Design has been approved by the
City's Historic Preservation Board (HPB) on January 15, 2013, HPB file no. 7346.
Following approval of this Modification to Settlement Agreement, the project will be
considered by the Planning Board for approval of a conditional use permit for mechanical
parkjng; and
WHEREAS, the Final Schematic Design pro)Xlses to modifY the Project by reducing
heights of the building's tower and pedestal, decreasing the density of the development
program, and by incorporating elevations and landscaping that are intended to be
harmonious with the surroundings. The resulting building is approximately ten feet (10')
lower in height, excluding mechanical structures, than the Project, has a two-story
mechanical parking garage, ten (10) residential units (reduced from thirty-five (35)), pool
deck, one commercial space, which is approximately 700 square feet and one meeting room;
and
WHEREAS, for the foregoing reasons, among others, the City Attorney and City
Manager recommend that the City Commission approve the modification to the
Settlement Agreement, authorizing the Mayor and City Clerk to execute the Modification
371
to the Settlement Agreement, subject to such further minor modifications as may be
necessary in the best interests of the City that are acceptable to the City Manager and the
City Attorney, and to authorize the City Manager and the City Attorney to take such
further actions as may be necessary to accomplish the intent hereof, subject to such
matters as remain in the discretion of the City Commission.
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 approve the Modification to the Settlement Agreement with
120 Ocean Drive LLC, and authorize the Mayor and City Clerk to execute the
Modification to the Settlement Agreement in such final form as the City Manager and
City Attorney approve, and authorizing the City Manager and City Attorney to take such
further actions as may be necessary to accomplish the intent hereof, subject to such
matters as remain in the discretion of the City Commission.
PASSED and ADOPTED this ____ day of _______ , 2013.
ATTEST:
CITY CLERK
T:\AGENDA\2013\Fcbruary 6\\20 Ocean Drive-Settlement Agreement res.doc
2
372
MAYOR
_,/ '-11;~ ~~
373
EXISTING_ SOUTH-EAST CORNER
374
PROPOSED_ NORTH -EAST CORNER
375
m MIAMIBEACH
PlANNING DEPARTMENT
HISTORIC PRESERVATION BOARD
STAFF REPORT
FROM: Richard G. Lorber, AICP, LEED AP
Acting Planning Director #/Jicfo ;f'~
DATE: January 15, 2013 Meeting
RE: Historic PreseNation File No. 7346
120 Ocean Drive
The applicant, 120 Ocean Drive, LLC., is requesting modifications to a previously issued and
active building permit which is subject to a settlement agreement with the City of Miami Beach.
The Design Review Board previously approved the design for a new residential/ commercial
building including a parking garage on a vacant site.
LEGAL DESCRIPTION:
Lots 4, 5 and 6, LESS the East 15 feet thereof, Block 2 of OCEAN BEACH FLA. , According to
the Plat Thereof, as Recorded in Plat Book 2, Page 38, of the Public Records of Miami-Dade
County, Florida.
HISTORY:
The subject site has a lengthy history dating back to the early 1990s. On August 10, 1993, the
Design Review Board reviewed and approved the design for a new 18-story, 43,818 square foot
multi-family building. In July 2006, the applicant entered into a settlement agreement with the
City of Miami Beach allowing for the full building permit for the DRB approved non-conforming
building to be re-issued, which it was on September 1, 2009.
It is important to note that the Ocean Beach Historic District was not designated until February
20, 1996. At the time of designation, there were two buildings located on the subject site and
both were identified as 'Contributing.'
SITE DATA:
Zoning~
Future Land Use Designation -
Lot Size~
Proposed FAR~
Proposed Height~
Existing Use -
Proposed Use -
RPS-4 (Residential High Density)
RPS-4 (Residential High Density)
19,500 S.F.
43,816 S.F./2.25, as represented by the applicant
16~stories I 192'-10", 201'-7" to highest non-habitable
projection
Vacant Site
Multifamily Residential (10 units)
378
FORMER STRUCTURES:
Page 2 of 10
HPB File No. 7346
Meeting Date: January 15,2013
126 Ocean Drive: This 2-story structure was designed by architect Henry Hohauser in the Art
Deco style of architecture and constructed in 1936. The subject structure was listed as
Contributing to the Ocean Beach Historic District and was subsequently demolished in 2000
through a previously approved Design Review Board application.
130 Ocean Drive: This 2-story structure was designed by architect Gilbert Fein in the Post War
Modern style of architecture and constructed in 1952. The subject structure was listed as
Contributing to the Ocean Beach Historic District and was also demolished in 2000 through a
previously approved Design Review Board application.
THE PROJECT:
The applicant has submitted plans entitled "120 Ocean Drive", as prepared by Rene Gonzalez
Architect Inc. and Bermello-Ajamil & Partners-Inc., dated November 16,2012.
The proposed application includes design and massing modifications to the previously approved
project, including the incorporation of mechanical parking.
COMPLIANCE WITH ZONING CODE:
A preliminary review of the project indicates that the application, as proposed, may be
inconsistent with the following portions of the City Code:
1. Review and approval of the Planning Board will be required for the proposed mechanical
parking lifts.
The above noted comments shall not be considered final zoning review or approval. These and
all zoning matters shall require final review and verification by the Zoning Administrator prior to
the issuance of a Building Permit.
ACCESSIBILITY COMPLIANCE:
Additional information will be required for a complete review for compliance with the Florida
Building Code 2001 Edition, section 11 (Florida Accessibility Code for Building Construction).
These and all accessibility matters shall require final review and verification by the Building
Department prior to the issuance of a Building Permit.
PRELIMINARY CONCURRENCY DETERMINATION:
In accordance with Chapter 122 of the Code of the City of Miami Beach, the Transportation and
Concurrency Management Division has conducted a preliminary concurrency evaluation and
determined that the project does meet the City's concurrency requirements and level-of-service
standards.
A final concurrency determination shall be conducted prior to the issuance of a Building Permit.
Mitigation fees and concurrency administrative costs shall be paid prior to the project receiving
any Building Permit. Without exception, all concurrency fees shall be paid prior to the issuance
of a Temporary Certificate of Occupancy or Certificate of Occupancy.
COMPLIANCE WITH CERTIFICATE OF APPROPRIATENESS CRITERIA:
A decision on an application for a Certificate of Appropriateness shall be based upon the
following:
379
Page 3 of 10
HPB File No. 7346
Meeting Date: January 15, 2013
I. Evaluation of the compatibility of the physical alteration or improvement with surrounding
properties and where applicable, compliance with the following criteria pursuant to
Section 118~564(a)(1) of the Miami Beach Code (it is recommended that the listed
criteria be found Satisfied, Not Satisfied or Not Applicable, as so noted):
a. The Secretary of Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings as revised from time to time.
Satisfied
b. Other guidelines/policies/plans adopted or approved by Resolution or Ordinance
by the City Commission.
Satisfied
II. In determining whether a particular application is compatible with surrounding properties,
the Board shall consider the following criteria pursuant to Section 118-564(a)(2) of the
Miami Beach Code (it is recommended that the listed criteria be found Satisfied, Not
Satisfied or Not Applicable, as so noted):
a. Exterior architectural features.
Satisfied
b. General design, scale, massing and arrangement.
Satisfied
c. Texture and material and color.
Satisfied
d. The relationship of a, b, c, above, to other structures and features of the district.
Satisfied
e. The purpose for which the district was created.
Satisfied
f. The relationship of the size, design and siting of any new or reconstructed
structure to the landscape of the district.
Satisfied
g. An historic resources report, containing all available data and historic
documentation regarding the building, site or feature.
Not Applicable
h. The original architectural design or any subsequent modifications that have
acquired significance.
Not Applicable
Ill. The examination of architectural drawings for consistency with the criteria pursuant to
Section 118~564(a)(3) of the Miami Beach Code and stated below, with regard to the
aesthetics, appearances, safety, and function of any new or existing structure, public
interior space and physical attributes of the project in relation to the site, adjacent
structures and properties, and surrounding community. The criteria referenced above
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are as follows (it is recommended that the listed criteria be found Satisfied, Not Satisfied
or Not Applicable, as so noted):
a. The location of all existing and proposed buildings, drives, parking spaces,
walkways, means of ingress and egress, drainage facilities, utility services,
landscaping structures, signs, and lighting and screening devices.
Satisfied
b. The dimensions of all buildings, structures, setbacks, parking spaces, floor area
ratio, height, lot coverage and any other information that may be reasonably
necessary to determine compliance with the requirements of the underlying
zoning district, and any applicable overlays, for a particular application or project.
Not Satisfied; See Zoning Analysis
c. The color, design, surface finishes and selection of landscape materials and
architectural elements of the exterior of all buildings and structures and primary
public interior areas for developments requiring a building permit in areas of the
city identified in section 118-503.
Satisfied
d. The proposed structure, and/or additions to an existing structure is appropriate to
and compatible with the environment and adjacent structures, and enhances the
appearance of the surrounding properties, or the purposes for which the district
was created.
Satisfied
e. The design and layout of the proposed site plan, as well as all new and existing
buildings and public interior spaces shall be reviewed so as to provide an
efficient arrangement of land uses. Particular attention shall be given to safety,
crime prevention and fire protection, relationship to the surrounding
neighborhood, impact on preserving historic character of the neighborhood and
district, contiguous and adjacent buildings and lands, pedestrian sight lines and
view corridors.
Satisfied
f. Pedestrian and vehicular traffic movement within and adjacent to the site shall be
reviewed to ensure that clearly defined, segregated pedestrian access to the site
and all buildings is provided for and that any driveways and parking spaces are
usable, safely and conveniently arranged and have a minimal impact on
pedestrian circulation throughout the site. Access to the site from adjacent roads
shall be designed so as to interfere as little as possible with vehicular traffic flow
on these roads and pedestrian movement onto and within the site, as well as
permit both pedestrians and vehicles a safe ingress and egress to the site.
Satisfied
g. Lighting shall be reviewed to ensure safe movement of persons and vehicles and
reflection on public property for security purposes and to minimize glare and
reflection on adjacent properties and consistent with a City master plan, where
applicable.
Satisfied
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h. Landscape and paving materials shall be reviewed to ensure an adequate
relationship with and enhancement of the overall site plan design.
Satisfied
i. Buffering materials shall be reviewed to ensure that headlights of vehicles, noise,
and light from Structures are adequately shielded from public view, adjacent
properties and pedestrian areas.
Satisfied
j. Any proposed new structure shall have an orientation and massing which is
sensitive to and compatible with the building site and surrounding area and
which creates or maintains important view corridor(s).
Satisfied
k. All buildings shall have, to the greatest extent possible, space in that part of the
ground floor fronting a sidewalk, street or streets which is to be occupied for
residential or commercial uses; likewise, the upper floors of the pedestal portion
of the proposed building fronting a sidewalk street. or streets shall have
residential or commercial spaces, or shall have the appearance of being a
residential or commercial space or shall have an architectural treatment which
shall buffer the appearance of a parking structure from the surrounding area and
is integrated with the overall appearance of the project.
Satisfied
I. All buildings shall have an appropriate and fully integrated rooftop architectural
treatment which substantially screens all mechanical equipment, stairs and
elevator towers.
Satisfied
m. Any addition on a building site shall be designed, sited and massed in a manner
which is sensitive to and compatible with the existing improvement(s).
Not Applicable
n. All portions of a project fronting a street or sidewalk shall incorporate an amount
of transparency at the first level necessary to achieve pedestrian compatibility.
Satisfied
o. The location, design, screening and buffering of a!! required service bays,
delivery bays, trash and refuse receptacles, as well as trash rooms shall be
arranged so as to have a minimal impact on adjacent properties.
Satisfied
STAFF ANALYSIS:
Normally a Design Review Board application approved in 1993 and building permit initially
issued in 1999 would have expired; however, through a settlement agreement with the City of
Miami Beach, the applicant has been able to keep the previously issued full building permit
active. As a result, the applicant is permitted to construct the previously approved non-
conforming multi-family residential tower as approved by the Design Review Board. While
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Meeting Date: January 15, 2013
dramatic for its shear mass alone, the circus colored 1993 Arquitectonica design is thoroughly
out of scale and character with the Ocean Beach Historic District, as well as inconsistent with
the City's current zoning ordinance. It is important to note, however, that the original
Arquitectonica design has been fully permitted and can be built as approved, and likely will be if
an improved design for the exterior envelope is not approved by the Historic PreseNation Board.
While staff and the Board cannot require that this mammoth structure be reduced in size, the
current owners are willing to substantially improve upon the original design for two reasons.
Firstly, the applicant desires to create a more coherent and marketable floor plan for the
residential units which is not bisected by a central vertical circulation core, as previously
approved. And secondly, the applicant wishes to neutralize the aggressive character and nature
of the 1993 design. Design architect, Rene Gonzalez Architect Inc., is proposing to incorporate
fretted glass materials on all elevations in an effort to "dematerialize" the otherwise massive
structure. Additionally, in an effort to respond to the lower scale historic buildings, including the
Brown's Hotel, the City's first hotel which opened for the 1915/1916 season, the height and floor
plans of the pedestal portion have been substantially modified to reduce the pedestal height
from 56'-8" to 41'-0" through the added use of mechanical parking systems. This reduction of
height along with skillfully selected materials and sensitive design will create a significantly more
desirable pedestrian experience along Ocean Drive. The three dimensional rendering provided
by the applicant best illustrates the stark contrast between the currently proposed pedestal and
the overly busy, harsh design of the previously approved project with its simulated city 'road
maps' gracing all four elevations in primary colors.
In addition, the overall height of the structure has been decreased 10 feet. As the proposed
structure is nearly 200 feet in height, virtually all elevations will be highly visible and will become
primary elevations. The architect has acknowledged this fact and has focused on trying to
greatly improve the caliber of these elevations while minimizing their apparent mass. Staff
believes that Rene Gonzalez has very successfully achieved this given the magnitude of the
task at hand.
Finally, the applicant has commissioned noted local landscape architect, Raymond Jungles Inc.
to redesign the previously approved landscape plan in a manner which is more consistent with
the character and quality of early Florida landscape. A larger indented landscape area has been
proposed at south end of the property in a gesture of acknowledgement to the Brown's Hotel,
and results in a landscape plan which is likely more visually consistent with the environment of
the early Beach. Further, the revised landscape plan creates a partial natural setting for the
historic Brown's Hotel which will help to mitigate the impact of the nearly 200' tower to its
immediate north. Similarly, the area along Ocean Drive has been further landscaped in a
manner more consistent with the surrounding historic district.
In conclusion, staff commends the applicant and the design team on the skillful modifications of
the unfortunate permitted design. The proposed design is significantly more sensitive to the
surrounding historic district, is lower in height, has greater transparency and incorporates higher
quality building and landscape materials. Although staff can never be comfortable with the
shear height and mass of the previously approved building, it is important to note that the
proposed modifications will substantially improve the quality of the building and will result in a
more compatible design within the Ocean Beach Historic District and surrounding South of Fifth
Neighborhood, and consequently recommends approval.
RECOMMENDATION:
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In view of the foregoing analysis, staff recommends the application be approved, subject to the
following conditions:
1. Revised elevation, site plan and floor plan drawings shall be submitted; at a minimum,
such drawings shall incorporate the following:
a. The final design and details of the proposed surface materials and finishes,
including samples, shall be submitted, in a manner to be reviewed and approved
by staff.
b. The final design and details of all exterior lighting shall be provided, in a manner
to be reviewed and approved by staff. Exterior lighting shall be designed in a
manner to not have an adverse overwhelming impact upon the historic hotel
structures or the surrounding historic district, in a manner to be reviewed and
approved by staff.
c. All roof-top fixtures, air-conditioning units and mechanical devices shall be
clearly noted on a revised roof plan and elevation drawings and shall be
screened from view, in a manner to be reviewed and approved by staff.
d. Details of the ventilation system required for the parking and drive-way levels
shall be provided. Any mechanical ventilation that may be required shall be
chased vertically through the subject structure up to roof, in a manner to be
reviewed and approved by staff. The location of any required mechanical and
ventilation fixtures and devices for the parking level shall be clearly delineated on
the floor plans and site plans at the time of Building Permit review, in a manner to
be reviewed and approved by staff.
e. Any security fencing or gates shall not be located within the required front yard
and shall be setback behind the face of the front building.
f. Adequate trash room space shall be provided, in a manner to be approved by
the Planning and Public Works Departments. All trash containers shall utilize
rubber wheels, or the path for the trash containers shall consist of a surface
finish that reduces noise.
g. Manufacturers drawings and Dade County product approval numbers for all new
windows, doors and glass shall be required, prior to the issuance of a building
permit.
h. Prior to the issuance of a Certificate of Occupancy, the project Architect shall
verify, in writing, that the subject project has been constructed in accordance with
the plans approved by the Planning Department for Building Permit.
2. A revised landscape plan, prepared by a Professional Landscape Architect, registered in
the State of Florida, and corresponding site plan, shall be submitted to and approved by
staff. The species type, quantity, dimensions, spacing, location and overall height of all
plant material shall be clearly delineated and subject to the review and approval of staff.
At a minimum, such plan shalf incorporate the following:
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a. All existing overhead utilities shall be placed underground; in the event FPL
requires the undergrounding of the utilities of the adjacent properties, this
condition may be waived.
b. If feasible, and not in conflict with underground utilities, street trees with the
City's standard bound aggregate system with fertilization trench, irrigation and up
lighting shall be incorporated into the City right of way along Ocean Drive, in a
manner to be reviewed and approved by staff.
c. Hedge material of any kind shall not be permitted within the front area of the
property.
d. All exterior walkways and driveways shall consist of decorative pavers, set in
sand or other equally semi-pervious material, subject to the review and approval
of staff.
e. All landscape areas abutting driveways and parking areas shall be defined by
decorative bollards.
f. A fully automatic irrigation system with 100% coverage and an automatic rain
sensor in order to render the system inoperative in the event of rain. Right-of-
way areas shall also be incorporated as part of the irrigation system.
g. The utilization of root barriers and/or structural soil, as applicable, shall be clearly
delineated on the revised landscape plan.
h. The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all backflow prevention devices. Backflow prevention devices shall
not be permitted within any required yard or any area fronting a street or
sidewalk, unless otherwise permitted by the Land Development Regulations.
The location of all backflow prevention devices, and how they are screened from
the right~of-way, shall be clearly indicated on the site and landscape plans and
shall be subject to the review and approval of staff. The fire department
shall require a post-indicator valve (P!V) visible and accessible from the street.
i. The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all post-indicator valves (PIV), fire department connections (FDC} and
all other related devices and fixtures, which shall be clearly indicated on the site
and landscape plans, and shall be subject to the review and approval of staff.
j. The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all applicable FPL transformers or vault rooms; such transformers and
vault rooms, and all other related devices and fixtures, shall not be permitted
within any required yard or any area fronting a street or sidewalk. The location of
any exterior transformers, and how they are screened with landscape material
from the right~of-way, shall be clearly indicated on the site and landscape plans
and shall be subject to the review and approval of staff.
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k. Prior to the issuance of a Certificate of Occupancy, the Landscape Architect for
the project architect shall verify, in writing, that the project is consistent with the
site and landscape plans approved by the Planning Department for Building
Permit.
3. All building signage shall be consistent in type, composed of flush mounted, non-plastic,
individual letters and shall require a separate permit.
4. The final exterior surface color scheme, including color samples, shall be subject to the
review and approval of staff and shall require a separate permit.
5. A traffic mitigation plan, which addresses a !I roadway Level of Service (LOS) deficiencies
relative to the concurrency requirements of the City Code, if required, shall be submitted
prior to the issuance of a Building Permit and the final building plans shall meet all other
requirements of the Land Development Regulations of the City Code.
6. All new and altered elements, spaces and areas shall meet the requirements of the
Florida Accessibility Code (FAC).
7. The project shall comply with any landscaping or other sidewalk/street improvement
standards as may be prescribed by a relevant Urban Design Master Plan approved prior
to the completion of the project and the issuance of a Certificate of Occupancy.
8. The applicant may be required to submit a separate analysis for water and sewer
requirements, at the discretion of the Public Works Director, or designee. Based on a
preliminary review of the proposed project, the following may be required by the Public
Works Department:
a. A traffic and neighborhood impact study shall be conducted as a means to
measure a proposed development's impact on transportation and
neighborhoods. The study shall address all roadway Level of Service (LOS)
deficiencies relative to the concurrency requirements of the City Code, and if
required, shall be submitted prior to the issuance of a Building Permit. The final
building plans shall meet all other requirements of the Land Development
Regulations of the City Code. The developer shall refer to the most recent City of
Miami Beach's Traffic and Neighborhood Impact Methodology as issued by the
Public Works Department.
b. Remove/replace sidewalks, curbs and gutters on all street frontages, if
applicable. Unless otherwise specified, the standard color for city sidewalks is
red, and the standard curb and gutter color is gray.
c. Mill/resurface asphalt in rear alley along property, if applicable.
d. Provide underground utility service connections and on-site transformer location,
if necessary.
e. Provide back-flow prevention devices on all water services.
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f. Provide on-site, self-contained storm water drainage for the proposed
development.
g. Meet water/sewer concurrency requirements including a hydraulic water model
analysis and gravity sewer system capacity analysis as determined by the
Department and the required upgrades to water and sewer mains servicing this
project.
h. Payment of City utility impact fees for water meters/services.
i. Provide flood barrier ramps to underground parking or minimum slab elevation to
be at highest adjacent crown road elevation plus 8".
j. Right-of-way permit must be obtained from Public Works.
k. All right-of-way encroachments must be removed.
I. All planting/landscaping in the public right-of-way must be approved by the Public
Works and Parks Departments.
9. At the time of completion of the project, only a Final Certificate of Occupancy (CO) or
Final Certificate of Completion (CC) may be applied for; the staging and scheduling of
the construction on site shall take this into account. All work on site must be completed
in accordance with the plans approved herein, as well as any modifications approved or
required by the Building, Fire, Planning, CIP and Public Works Departments, inclusive of
all conditions imposed herein, and by other Development Review Boards, and any
modifications required pursuant to field inspections, prior to the issuance of a CO or CC.
This shall not prohibit the issuance of a Partial or Temporary CO, or a Partial or
Temporary CC.
10, The Final Order shall be recorded in the Public Records of Miami-Dade County, prior to
the issuance of a Building Permit.
11. The Final Order is not severable, and if any provision or condition hereof is held void or
unconstitutional in a final decision by a court of competent jurisdiction, the order shall be
returned to the Board for reconsideration as to whether the order meets the criteria for
approval absent the stricken provision or condition, and/or it is appropriate to modify the
remaining conditions or impose new conditions.
12. The conditions of approval herein are binding on the applicant, the property's owners,
operators, and all successors in interest and assigns.
13. Nothing in this order authorizes a violation of the City Code or other applicable law, nor
allows a relaxation of any requirement or standard set forth in the City Code.
RGL:WHC:DJT
F:\PLAN\$HPB\ 13HPB\Jan13\7346-r.Jan13.docx
387
MODIFICATION TO SETTLEMENT AGREEMENT
THIS MODIFICATION TO SETTLEMENT AGREEMENT (the "Modification")
is made and entered into as of the __ day of February 2013, by and among: (1) the City
of Miami Beach, a Florida municipal corporation (the "City") and (2) 120 Ocean Drive,
LLC, a Florida limited liability company ("Ocean").
Introduction and Background
A The Lawsuits and Claims. Lawsuits and claims by Micky Biss, individually,
and USA Express, Inc., a Florida corporation, were settled pursuant to a Settlement
Agreement dated July 26, 2006 (the "Settlement Agreement") between The Congress
Group, Inc., a Massachusetts domestic profit corporation, Ocean Drive, CFI, LLC, a
Delaware Limited Liability Company (collectively the "Congress Group") and the City.
B. The Land and the Project. The Settlement Agreement relates to (i) those
parcels ofland (the "Land") located at 120-130 Ocean Drive within the City, as particularly
described in Exhibit "A" attached hereto and incorporated herein by reference, and (ii) a
residential project with associated parking and retail/restaurant use (the "Project") approved to
be constructed on the Land under Building Permit No. B-9900085 (modified to B-000 1810,
B-0101591, and then B0702576) (the" MasterPetmit").
C. Successor and Intentions. Ocean is the successor in interest to the Congress
Group, having purchased fee simple title to the Land on October 9, 2012. Ocean is the
developer of the Project, as modified as proposed herein. Ocean represents that this
Modification is not inconsistent with any mortgage(s), assignment(s) of rents, or other
security interest encumbering the Land.
D. Ocean shall process a revision to the Master Permit in accordance with plans
prepared by the architectural firms of Bermello, Ajamil &. Partners, Inc. and Rene Gonzalez
Architect, Inc. (the "Revised Final Schematic Design")."), The Revised Final Schematic
Design has been reviewed by the City's Planning Director, approved by the City's Historic
Preservation Board (HPB) on January 15, 2013 file no. 7346 (the staff report to the HPB is
attached hereto as Exhibit "B, " and incorporated herein by reference).Following approval of this
Modification, the Planning Board (PB) will consider for approval Owner's application for a
conditional use permit for mechanical parking.
E. 1l1e Development The Project was designed as a building that was 204' in
height, excluding mechanical structures, with a five-story parking pedestal. l11e Revised Final
SchematicDesignproposestomodifythe Project by reducing heights ofthe building's tower and
pedestal, decreasing the density of the development program, and by incorporating
elevations and landscaping that are intended to be harmonious with the surroundings. The
resulting building is approximately ten feet (10') lower in height, excluding mechanical
structures, than the Project, has a two-story mechanical parking garage, ten (1 0) residential
units (reduced from thirty-five (35) units in the Project as originally approved), pool deck,
one commercial space, which is approximately 700 square feet and one meeting room (the
388
"Development"). The Revised Final Schematic Design and Development are completely
within the scope of the Project and do not divest Ocean's vested rights in the Land and the
Permit. Therefore, the Development shall retain the approval status contemplated in the
Settlement Agreement.
NOW, THEREFORE, the City and Ocean, the successor in title to the Land and the
vested rights in the Land and the Ma<;ter Permit, in consideration of the mutual promises and
covenants of the parties made herein, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, agree to modify the Settlement
Agreement as follows:
1. Recitations. The foregoing recitations are true and correct and are
incorporated herein by this reference.
2. Development Approvals.
(a) Conditions to Obligation. The obligations of Ocean under this
Modification are specifically conditioned upon the City and/or its departments acting in their
independent, quasi-judicial, administrative, and/or legislative governmental capacity, as
applicable, to consider and formally approve the Revised Final Schematic Design, by
modifYing the Master Permit to allow construction of the modified Project in accordance
with building permit plans that are substantially in accordance with the Revised Final
Schematic Design.
(b) Applications for Development Approvals. Ocean has applied for
development approvals from the City's HPB and PB (the "Development Approvals").
The application to the HPB sought and obtained approval of the Revised Final Schematic
Design, and the application to the PB seeks approval of the mechanical parking proposed
in the Revised Final Schematic Design. The parties shall cooperate with each other in
continuing to timely submit all required documentation and to process all necessary
Development Approvals from the City. The Development Approvals shall be deemed
approved at such time as each such approval becomes final and nonappealable.
(c) Revised Permit. (i) After obtaining the Development Approvals,
Ocean will submit revised building permit plans in order to revise the Master Permit (the
"Revised Master Permit"). The Revised Master Permit shall be deemed approved when the
Revised Master Permit becomes final and nonappealable. The Revised Master Permit
shall be a revised or new building permit, which shall require either a revised or new
building permit application, at the sole discretion of the City's Building Official. Ocean
agrees to pay such fees as the Building Official determines are appropriate to the review
of the application for the Revised Master Permit.
(ii) On or before the date that is six (6)
months from the full execution of this Modification and the approval thereof by the City
Commission, Ocean shall submit plans required for the City to issue the Revised Master
Permit consistent with the Revised Final Schematic Design. This date may be extended
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389
by the City Manager for good cause shown. After the submission of such plans, the City
may issue or deny the Revised Master Petmit, or provide written comments concerning the
plans, in the nmmal course of business. The review by the City's Building Department of
the plans to be submitted by Ocean to the City shall be pursuant to the Florida Building Code
and the Florida Fire Prevention Code, including all technical codes incorporated therein,
and all other applicable laws, regulations and codes.
(d) Vested Rights. The parties agree that (i) the Project continues to be
grandfathered and vested, both as to design and use, as of the zoning in place at the time that
Biss submitted their completed application in 1993 and received Design Review Board
approval; (ii) the Revised Final Schematic Design, as approved by the HPB, is substantially within the
scope of the Master Permit and Ocean may obtain a Revised Master Permit (as detennined by the Building
Official) to con..')truct the Development pursuant to the Revised Final Schematic Design; and (iii)
Development Approvals of the Revised Final Schemat.ic Design, and approval of the Revised Master
Petmit, will not divest Ocean's vested rights in the Ma-.ter Petmit, \~ich permit remains grandfathered.
(e) Exercise of City Discretion. The parties recognize and agree that
certain provisions of this Modification will require the City and/or its boards, department or
agencies, acting in their governmental capacity, to consider certain governmental actions as
set forth in this Modification. All such considerations and actions shall be undertaken in
accordance with established requirements of federal or state statutes and City or county
ordinances, or other applicable law, in the exercise of the City's jurisdiction under its police
power, as well as the requirements of this Modification. Nothing in this Modification is
intended to limit or restrict the powers and responsibilities of the City in acting on
applications for any of the Development Approvals by virtue of the fact that the City may
have consented to the filing of such applications or by virtue of the City's entering into this
Modification. The parties recognize that the City, and its boards and department<;, retain
sole discretion under their police powers as to whether to grant or deny the applications for
Development Approvals. The parties fully recognize and agree that these proceedings
shall be conducted openly, fully, freely, and fairly in full accordance with law and with both
procedural and substantive due process.
3. Miscellaneous Provisions.
(a) No Permit. This Modification is not and shall not be construed as
a development permit, development approval, development order or authorization to
commence development, nor shall it relieve Ocean of the obligations to obtain any additional
or other development approvals that are required under applicable law and under and
pursuant to the terms of this Modification.
(b) Further Assurances. It is the intent and agreement of the parties
that they shall cooperate with each other to effectuate the purposes and intent of, and to
satisfy their obligations under, this Modification in order to secure to themselves the mutual
benefits created under this Modification; and, in that regard, the parties shall execute such
further documents as may be reasonably necessary to effectuate the provisions of this
Modification. The parties agree to cooperate with each other so that Ocean may construct the
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390
building reflected in the Revised Final Schematic Design.
(c) Omissions. The parties hereto recognize and agree that the fail me of
this Modification to address a particular permit, condition, term, or restriction shall not
relieve Ocean of the necessity of complying with the law goveming such permitting
requirement<:>, conditions, terms, or restrictions notwithstanding any such omission.
(d) Notices. Any notices required or permitted to be given under this
Modification shall be in writing and shall be deemed to have been given if delivered by hand,
sent by recognized ovemight courier (such as Federal Express), or mailed by certified or
registered mail, retum receipt requested, in a postage prepaid envelope, and addressed as
follows:
If to the City at:
Withacopyto:
If to Ocean:
With a copy to:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn.: City Attorney
120 Ocean Drive, LLC
2675 South Bayshore Drive
Coconut Grove, FL 3 3 13 3
Attn.: David Martin
Bercaw Radell & Fernandez, P .A
200 S. Biscayne Boulevard, Suite 850
Miami, Florida 3 3131
Attn.: Michael W. Larkin, Esquire
Notices personally delivered or sent by overnight courier shall be deemed given on the
business date of delivery and notices mailed in accordance with the foregoing shall be deemed
given three (3) days after deposit in the U.S. Mail.
4. Construction.
(a) This Modification shall be construed and governed in accordance
with the laws of the State of Florida. All of the parties to this Modification have participated
fully in the negotiation and preparation hereof and, accordingly this Modification shall not
be more strictly construed against any one of the parties hereto.
(b) In construing this Modification, the use of any gender shall include
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391
every other and all genders, and captions and section and paragraph headings shall be
disregarded.
(c) All of the exhibits attached to this Modification are incorporated in,
and made a part of, this Modification.
5. Time of Essence. Time shall be of the essence for each and every
provision hereof.
6. Entire Agreement. This Modification, together with the documents
referenced herein, constitute the entire agreement and understanding among the parties
with respect to the subject matter hereof, and there are no other agreements,
representations or warranties other than as set forth herein. ·rhis Modification may not be
changed, altered or modified except by an instrument in writing signed by the party against
whom enforcement of such change would be sought.
7. Successors and Assigns: Third Party Beneficiaries. The benefits, rights,
duties and obligations given to the parties under this Modification shall inure to the benefit of
and bind their successors in title and assigns. The parties acknowledge and agree that except
only for the foregoing successors and assigns, there are no third party beneficiaries under this
Modification or the Exhibits attached hereto.
8. Binding Agreement. The parties hereto understand and agree that this
Modification will not be binding on the parties to this Modification until such time as the
City Commission of the City of Miami Beach has approved same, and the Modification is
fully executed by the parties to the Modification.
9. Authority to Sign. Each of the signatories hereto represents that he or she
has authority to execute this Modification and to bind the party on whose behalf he or she
has signed.
10. Attorney's Fees and Costs. The parties shall each bear all of their
respective attorney's fees and costs in connection with this Modification.
11. Remedies and Reservation of Rights. The parties acknowledge that (i) the
City's Building Department and its employees are not a party to this Modification; and (ii)
Ocean fully reserves all of its rights and remedies in connection with any decision or action
of the City's Building Department concerning the Project, including, but not limited to, the
issuance of the Revised Master Permit. Prior to initiating any litigation under this
Modification, or under any of the Exhibits attached hereto, the party or parties desiring to
initiate litigation will provide written notice to the other party or parties and shall be
available for a period of 30 days after such written notice to attempt to meet and mediate the
dispute prior to initiating litigation.
12. Sovereign Immunity. Nothing in this Modification or in the Exhibits
attached hereto shall be deemed to be a waiver by the City of its rights and privileges
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392
under Florida Statutes Section 768.28 or Florida Statutes Section 70.001(13).
EXECUTED as of the date first above written in several counterparts, each of
which shall be deemed an original, but all constituting only one agreement.
Signed, sealed and delivered in the presence of:
Attest:
CITY OF MJAMI BEACH, FLORIDA
a municipal corporation
---------------------------By: _______ _
MAYOR CITYCLERK
120 OCEAN DRIVE, LLC, a Florida
limited liability company,
By: ____________________ __
Signature
Print Name
Title
F:\A TTO\HELG\Agrecments\120 Ocean Drive\\1odification to Settlement Agreement clean rev GH l-28-13.docx
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, wwvv.miomibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM, Kathie G. Brooks, Interim City Manager /'A/ .
DATE: February 6, 2013
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, TRANSMITTING THE REQUEST FROM THE CITY
ATTORNEY'S OFFICE AND THE PUBLIC WORKS DEPARTMENT, FOR THE
DEBARMENT OF HARBOUR CONSTRUCTION, INC. PURSUANT TO
SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI
BEACH TO ALEKSANDR BOKSNER, SENIOR ASSISTANT CITY ATTORNEY,
WHOM SHALL BE CHARGED WITH THE DUTY OF PROMPTLY
INVESTIGATINGAND PREPARING ALL NECESSARY WRITTEN REPORT(S)
CONCERNING THE PROPOSED DEBARMENT, AND TO SERVE AS THE
PROSECUTING AUTHORITY BEFORE THE DEBARMENT COMMITTEEFOR
THE PRESENTATION OF ALL RELEVANT EVIDENCE AND ARGUMENTS FOR
THE DEBARMENT OF HARBOUR CONSTRUCTION, INC.
ADMINISTRATION RECOMMENDATION
Pursuant to Sections 2-397 through 2-406 of the Code of the City of Miami Beach, the
attached request is submitted for your consideration.
394
Agenda Item RfJ £
Date 2~b--13
~
OFFICE OF THE CITY ATIORNEY
JOSE SMITH, CITY ATIORNEY MEMORANDUM
TO:
CC:
FROM:
SUBJECT:
DATE:
Kathie G. Brooks, Interim City Manager
Raul Aguila, Chief Deputy City Attorney
Aleksandr Boksner, Senior Assistant City Attorney
January 29, 2013
The City Attorney's Office, in collaboration with the Public Works Department, hereby
requests the debarment of Harbour Construction, Inc. pursuant to Sections 2-397
through 2-406 of the Code of the City of Miami Beach. This request must be transmitted
to the Mayor and City Commission at their regularly scheduled meeting on February 6,
2013.
At the February 6, 2013 City Commission Meeting, I hereby request that the Mayor and
City Commission transmit this request to Aleksandr Boksner, Senior Assistant City
Attorney, who is charged with the duty of investigating and preparing all necessary
written reports concerning the proposed debarment of Harbour Construction, Inc.,
pursuant to Chapter 2, Article VI, Division 5.
I further request that Senior Assistant City Attorney, Aleksandr Boksner, serve as the
prosecuting authority before the Debarment Committee, and present all relevant
evidence and argument for the debarment of Harbour Construction, Inc.
F:\A TTO\BOKA\Memos\Memo to City Manager Re Request for Debarment of Harbour Construction.docx
395
RESOLUTION TO BE SUBMITTED
396
THIS PAGE INTENTIONALLY LEFT BLANK
397
R9
NEW BUSINESS
AND
COMMISSION REQUESTS
\ .• · M' · B h Florida 33139 ~.miomibeachfl,gov City of Miami Beach, 1 700 Convention Center Dnve, Jomr eoc ' '
OFFICE OF THE CITY CLERK, Rafael Granado, City Clerk
Tel: (305) 673-7 411, Fax: (305) 673-7254
Email CityCierk@miomibeoch.gov
COMMISSION MEMORANDUM
To:
From:
Date:
Subject:
Mayor Matti Herrera Bower and Members of the City ~7ission
Kathie G. Brooks, Interim City Manager/A r .
February 6, 2013
BOARD AND COMMITTEES
ADMINISTRATION RECOMMENDATION:
That appointments be made as indicated.
ANALYSIS:
Attached are the applicants that have filed with the City Clerk's Office for Board and
Committee appointments.
VACANCIES
BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE
Affordable Housing Advisory
Committee
Art in Public Places
Board of Adjustment
Capital Improvements Projects
Oversight Committee
Community Development Advisory
Committee
7
7
7
9
14
City Commission 2 Page 1
City Commission 2 Page 3
City Commission Page 5
City Commission 1 Page 7
Commissioner Deede Weithorn 1 Page 12
Commissioner Jorge Exposito 1
Commissioner Michael Gongora
We are committed to providing excellent public service and safety to all who live, work and play in
Agenda Item Rq A
Date 2--0---13:>
399
VACANCIES
BOARD OR COMMITTEE: TOTALMBRS. APPOINTED BY: TOTAL VAC PAGE
Community Relations Board
Convention Center Advisory Board
Debarment Committee
Disability Access Committee
Golf Advisory Committee
Marine Authority
Miami Beach Commission For
Women
Miami Beach Cultural Arts Council
Miami Beach Human Rights
Committee
Miami Beach Sister Cities Program
Normandy Shores Local Gov.
Neighborhood lmpv.
17
7
7
7
12
7
21
11
9
24
3
Kathie G. Brooks, Int. City Manager
Commissioner Michael Gongora
Commissioner Jorge Exposito
Mayor Matti Herrera Bower
Commissioner Jerry Libbin
Commissioner Jonah M. Wolfson
Commissioner Michael Gongora
Commissioner Michael Gongora
Mayor Matti Herrera Bower
Commissioner Ed Tobin
Commissioner Michael Gongora
City Commission
City Commission
Mayor Matti Herrera Bower
City Commission
400
Page 14
Page 16
Page 17
1
2 Page 19
1
1 Page 23
Page 30
Page 31
1
Page 32
2 Page 33
3 Page 34
2 Page 36
VACANCIES
BOARD OR COMMITTEE: TOTALMBRS. APPOINTED BY: TOTAL VAC PAGE
Parks and Recreational Facilities
Board
Personnel Board
Planning Board
Police Citizens Relations Committee
Production Industry Council
Single Family Residential Review
Panel
Tennis Advisory Committee
Transportation and Parking
Committee
10
10
7
17
7
3
7
19
Commissioner Jerry Libbin
Commissioner Michael Gongora
City Commission
City Com mission
Commissioner Jorge Exposito
Commissioner Michael Gongora
Commissioner Jerry Libbin
Mayor Matti Herrera Bower
Kathie G. Brooks, Int. City Manager
Mayor Matti Herrera Bower
Commissioner Ed Tobin
Attached is breakdown by Commissioner or City Commission:
JMG:REG/sp
401
1 Page 37
1
3 Page 38
1 Page 39
2 Page 41
1
Page 43
3 Page 45
1 Page 47
1 Page 48
Board and Committees Current Members
Affordable Housing Advisory Committee Sec. 2-167
Com position:
The committee shall consist of eleven __ (!,!) voting members with two (2) year terms appointed at
large by a majority vote of the Mayor and City Commission:
One citizen:
1) actively engaged in the residential home building industry in connection with affordable housing;
2) actively engaged in the banking or mortgage banking industry in connection with affordable
housing;
3) two at-large who have resided in one of the city's historic districts for at least one year, and have
demonstrated interest and knowledge in urban design and the preservation of historic buildings.
4) actively engaged as a for-profit provider of affordable housing;
5) actively engaged as a not-for-profit provider of affordable housing (Housing Authority member);
6) actively engaged as a real estate professional in connection with affordable housing;
8) actively serving on the local planning agency pursuant to Florida Statute § 163.3174 (Planning
Board member);
9) who resides within the jurisdiction of the local governing body making the appointments;
10) who represents employers within the jurisdiction;
11) who represents essential services personnel as defined in the local housing assistance plan.
Members of the Loan Review Committee, members of the Community Development Advisory
Committee (CDAC), Planning Board and Miami Beach Housing Authority may be appointed to fill any
of the eleven (11) categories and serve as ex-officio voting members on this committee. If due to
conflict of interest by prospective appointees, or other reasonable factor, the City is unable to appoint
a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged
in the activity without regard to affordable housing may be appointed.
City Liaison: Richard Bowman
Appointments To Be Made :
Muayad Abbas (5) For Profit 12/31/2012 City Commission 12/31/17
Charles Urstadt (8) Local Plann. Bd 12/31/2012 City Commission 12/31/17
David Smith (3) Rep. Labor Home Bid. 12/31/2012 City Commission 12/31/14
Juan Rojas (2) Banking/Mortgage 12/31/2012 City Commission 12/31/16
Vacancy:
To replace (6) Not for Profit 12/31/2014 City Commission
Stephanie Berman
To replace Robert (1) Res. Home Bldg. 12/31/2014 City Commission
Sa land
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit: _____ ,_, __________________ , ________ ... ___ ·---·-··---·----
Amy Perry
Arian Adorno
Guy Simani
Jeremy Glazer
Mark Wohl
Applicants
(11) Rep. Essential Serv.
(9) Res. Juris Local Govt
(10) Rep. Empl. With/Juris.
(4) Low-Income Adv
(7) Real Estate Prof.
Position/Title
12/31/2013
12/31/2013
12/31/2013
12/31/2013
12/31/2013
Applicants --·------... -------......... ------------
"'''" ,',, 'V•',•-~'" '-'.
Wednesday, January 30, 2013
402
City Commission
City Commission
City Commission
City Commission
City Commission
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
Position/Title
----·-------·······---
Page I of 52 (Continued ....
Board and Committees Current Members
Andrew Fischer
Britta Hanson
Gotlinsky Barbara
Karen Fryd
Prakash Kumar
Wednesday, January 30, 2013
Barbara Gotlinsky
Dr. Barry Ragone
Julio Lora
Marie Towers
403
Page2of52
Board and Committees Current Members
Art in Public Places
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Sec. 82·561
Seven (7) members to be appointed by a majority of the entire City Commission, and who shall
possess a high degree of competence in evaluation of art history and architectural history, art,
architecture, sculpture, painting, artistic structure design and other appropriate art media for display
or integration in public places.
City Liaison : Dennis Leyva
Appointments To Be Made :
James Lloyd 12/31/2012 City Commission
Janda Wetherington 12/31/2012 City Commission
Megan Riley 12/31/2012 City Commission
Vacancy:
To replace 12/31/2014 City Commission
Elizabeth Resnick
To replace Rhonda 12/31/2013 City Commission
Miitirani-Buchman
Members:
12/31/16
12/31/16
12/31/16
Name Last Name Positionffitle Term Ends: Appointed by: Term Limit:
·-·-----·------~-··--·-······-·····-----·· ·---······-··----·-----···· ·-···----· ·-·--·-····--·-----
Lisa
Lisette
Austin
O!emberg-
Goldstein
12/31/2013 City Commission
12/31/2013 City Commission
Applicants Position/Title Applicants Position/Title
------····----·-··· ······------· ·---······-···---· ----
Adrian Gonzalez
Annette Fromm
Antoinette Zel
Cindy Brown
Cyn Zarco
David Lombardi
Emma DeAibear
Jonathan Porcelli
Leslie Tobin
Maria Rodriguez
Merri Mann
Molly Leis
Rosemarie Murillo Likens
Susan Caraballo
Zoila Datorre
Wednesday, January 30, 2013
Ana Cordero
Anthony Japour
Christina LaBuzetta
Claire Warren
Dale Stine
Elizabeth Schwartz
Francis Trullenque
Kathleen Kowall
Lisa Austin
Mark Alhadeff
Michelle Ricci
Patricia Fuller
Silvia Ros
Wetherington Janda
404
Page3of52
12/31/17
12/31/14
Board and Committees Current Me1nbers
Beautification Committee Sec. 2-36
Composition:
Eight (8) members, seven (7) of whom shall be direct appointees by the Mayor and City
Commissioners. The chairperson of the Mayor's Ad Hoc Garden Center and Conservatory Advisory
Committee or designee who shall serve as a non-voting ex-officio member.
City Liaison: John Oldenburg
Appointments To Be Made:
Silvia
Members:
Name
Daniel
Lidia
lucero
Maria
Monl
Terry
Rotbart
Last Name
Nixon
Resnick
Levy
Koller
Cohen
Blechman
Position/Title
12/31/2012 Mayor Matti Herrera Bower 12/31/14
Term Ends: Appointed by: Term Limit:
12/31/2013
12/31/2013
12/31/2013
12/31/2014
12/31/2014
12/31/2013
Commissioner Deede Weithorn 12/31/15
Commissioner Michael Gongora 12/31/17
Commissioner Jorge Exposito 12/31/17
Commissioner Jonah M. Wolfson 12/31/15
Commissioner Jerry Libbin 12/31/18
Commissioner Ed Tobin 12/31/18
Ex-officio Chair of Mayor Ad-Hoc Garden Center
Applicants
Ana Cordero
Cindy Brown
Darin Feldman
Dr. Corey Narson
Francinelee Hand
Lily Furst
Marivi Iglesias
Mitchell Korus
Rabbi Daniel Sherbi!l
Tiva Leser
Tuesday, January 29, 2013
Position/Title Applicants
Christopher Todd
Daniel Novela
Dina Dissen
Flavia lowenstein-Eiortegui
Kay Coulter
Marina Novaes
Michelle Ricci
Peter Vallis
Steven Gonzalez
405
Position/Title
Board and Committees Current Members
Board of Adjustment
Composition:
Two (2) year term.
Appointed by a 5/7th vote.
RSA 1-2 Sec 118-
111
Seven (7) voting members composed of two members appointed as citizens at-large and five
members shall be appointed from each of the following categories (no more than one per category),
namely: Law, Architecture, Engineering, Real Estate Development, Certified Public Accountant,
Financial Consultation, and General Business. The members representing the professions of law,
architecture, engineering and public accounting shall be duly licensed by the State of Florida; the
member representing general business shall be of responsible standing in the community; the
member representing the field of financial consultation shall be a Certified Public Accountant,
Chartered Financial Analyst, Certified Financial Planner, a Chartered Financial Consultant or
investment advisor registered with the Securities and Exchange Commission, or someone recognized
as having similar credentials and duly licensed by the State of Florida.
Members shall be appointed for a term of two years by a five-seventh vote of the city commission.
Members of the Board of Adjustment must be either residents of or have their principal place of
business in Miami Beach; provided, however, that this amendment shall not affect the term of existing
members of the Board of Adjustment.
City Liaison: Antonieta Stohl
Appointments To Be Made :
Joy
Richard
Vacancy:
Members:
Name
Bryan
Elsa
Lior
Sherry
Malakoff
Pre ira
At-Large
Law
12/31/2012 City Commission
12/31/2012 City Commission
To replace Andrew Real Estate Developer 12/31/2014 City Commission
Resnick
Last Name
Rosenfeld
Urquiza
Leser
Roberts
Position/Title Term Ends: Appointed by:
CPA 12/3112013 City Commission
At-Large 12/31/2013 City Commission
Fin. Cons. TL 12/31/13 12/31/2013 City Commission
Gen. Business TL12/31/13 12/31/2013 City Commission
12/31/16
12/31/16
Term Limit:
12/31/15
12/31/17
12/31/13
12/31/13
Applicants Positionffitle Positionffitle ---
Alexander Annunziato
Avi Ciment
Dov Konetz
Gary Twist
Jessica Conn
Josh Gimelstein
Micky Ross Steinberg
Noah Fox
Roberta Gould
'~-->' ,~., , ''"'"''•
Wednesday, January 30, 2013
Anthony Ata!a
Brian Ehrlich
Gabriel Paez
Guy Simani
Jonathan Beloff
Michael Bernstein
Muayad Abbas
Robert Newman
Scott Neede!man
406
PageS of 52
Board and Committees Current Members
Budget Advisory Committee Sec. 2-44
Composition:
Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one
(1) appointment.
Two (2) at-large appointments:
one (1) certified public accountant and
one (1) for a financial advisor.
City Liaison: Kathie Brooks
Appointments To Be Made :
Jacqueline
Marc
Members:
Name
Antonio
David
Dushan
Jack
John
Laurence
Stephen
Applicants
Lalonde
Gidney
Last Name
Hernandez Sr.
Lancz
Koller
Benveniste
Gardiner
Herrup
Hertz
Financial Adv.
c. p A.
Positionffitle
Positionffitle
12/31/2012 City Commission
12/31/2012 City Commission
12/31/16
12/31/14
Term Ends: Appointed by: Term Limit:
12/31/2013
12/31/2014
12/31/2013
12/31/2013
12/31/2014
12/31/2013
12/31/2014
Commissioner Jorge Exposito 12/31/16
Commissioner Deede Weithorn 12/31/18
Commissioner Jonah M. Wolfson 12/31/15
Mayor Matti Herrera Bower 12/31/15
Commissioner Jerry Libbin 12/31/16
Commissioner Michael Gongora 12/31/17
Commissioner Ed Tobin 12/31/16
Applicants Position/Title
·······---·------.. ···-----· ... --...... .. ..... ---.. ·-·---·"
David Richardson
Eric Lawrence
Gregory Carney
John Bowes
Lisa Ware
Oliver Oberhauser
Rima Gerhard
'····• ~• ,, C -,.~y;. ; .. , .,. • • • ~~·--' ·•"o'~' • ' '"' '""• ··•··.' '-"'-"' .,.•··.• • '' •·
Wednesday, January 30,2013
Dwight Kraai
Gerhard Rima
Jared Plitt
Lance Richardson
Noah Fox
Regina Suarez
Ronald Starkman
407
Page 6 of 52
Board and Committees Current Members
Capital Improvements Projects Oversight Committee 2-190-127
Composition:
The Capital improvement projects oversight committee shall consist of nine (9) voting members, eight
(8) of whom shall be appointed by the city commission as a whole (at-large-appointees), and one (1)
member appointed by the Mayor or designee, and one (1) non-voting ex-officio member selected
from three nominees. The membership of the committee shall further be comprised as follows:
1. The mayor or his/her designee, who shall sit as a voting member of the committee, and shall also
serve as chair person of the committee;
2. At least two (2) members shall be selected with experience in one of the following technical fields:
a. engineering;
b. architecture and/or landscape architecture; or historic preservation;
3. At least two (2) members shall be selected with experience in one of the following technical fields:
a. construction/general contractor; or
b. developer;
4. Two (2) members shall be selected with experience in the following technical field and/or the
following category:
a. capital budgeting and/or finance; or
b. citizen-at-large; and
5. The remaining two (2) members shall be selected from any of the technical experience categories
set forth in subsections (2) or (3) above.
6. One (1) non-voting ex-officio member shall be either a member of the disabled community or a
person with special knowledge of Americans with Disiabilities Acts (ADA) issues in order to provide
accessibility-related input to the committee.
City Liaison: Fernando Vazquez
At>pointments To Be Made :
Robert
Tony
Dwight
Stacy
Vacancy:
Members:
Rabinowitz
Trujillo
Kraai
Kilroy
(C5) Engineer
(C4) Cap.Budg/Finance
(2) Engineer TL 12/31/13
(C3) Const/G/ Cont.TL 12/13
To replace Eleanor (C4) At-large
Carney
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2013 City Commission
12/31/17
12/31/16
12/31/13
12/31/13
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
--··· "---~"·-·--~-
Brian
Christina
Elizabeth
Saul
Applicants
Ehrlich
Cuervo
Camargo
Gross
--~---
Wedne~·day, January 30, 2013
(C3) Developer
(C5) Developer TL 12/31/13
(C2) Architect TL 12/31/13
(1) Mayor Designee
Position/Title ----
·----·-------·· .. ~-----·-··--·-
12/31/2013 City Commission 12/31/14
12/31/2013 City Commission 12/31/13
12/31/2013 City Commission 12/31/13
12/31/2013 Mayor Matti Herrera Bower 12/31/15
Applicants Position/Title ----··-··--··--·--·····-··--
' " ". ·.---~ ·-··"' '·· ····. ••";(
Page 7 of 52 (Continued. ...
408
Board and Committees Current Members
Annsheila Turkel
Cheryl Jacobs
Dominique Bailleul
lvette Isabel Borrello
James Lloyd
Michael Laas
Ronald Starkman
Wednesday, January 30, 2013
Anthony Atala
Christian Folland
Gerhard Rima
Jacobs Jacobs
Josh Gimelstein
Rima Gerhard
409
Page8of52
Board and Committees Current Members
Committee for Quality Education in MB Sec. 2-190.134
Composition:
The committee shall consist of fifteen (15) voting members and three non-voting ex-officio members
to be comprised as follows.
A representative from each of the following eight schools, selected by the Parent Teacher
Association:
North Beach Elementary,
Biscayne Elementary,
Feinberg-Fisher Elementary,
South Pointe Elementary,
Nautilus Middle School,
Miami Beach High School,
Ruth K. Broad Elementary School,
Treasure Island Elementary School,
and seven (7) members of the public with knowledge or expertise with regard to education issues
who shall be direct appointments by the mayor and city commissioner with no more than three who
can be employed or contracted by Miami-Dade County public shcools.
The City Commission shall designate two (2) of its members to serve as City Commission liaisons who
shall report to the City Commission actions of the Committee for Quality Education; the City Manager
shall further designate a member of city staff to serve as a liaison who shall report the Committee's
actions to the City Manager.
City Liaison: Leslie Rosenfeld
Appointments To Be Made :
Tiffany Heckler
Beverly Heller
12/31/2012 Commissioner Michael Gongora
12/31/2012 Mayor Matti Herrera Bower
12/31/18
12/31/16
Members:
Name Last Name Positionffitle Term Ends: Appointed by: Term Limit:
lvette Isabel
Karen
Kay
Keren
Sheila
Elisa Leone
Heidi Tandy
Ivette Birba
Jill Swartz
Borrello 12/31/2013
Rivo 12/31/2013
Coulter TL 12/31/13 12/31/2013
Bajaroff 12/31/2014
Duffy-Lehrman 12/31/2014
Rep. of the PTA for Biscayne Elementary 06/30/13
Rep. of PTA for Nautilus Middle School 06/30/13
Rep. of the PTA for Feinberg Fisher E!em. 6/30/13
Rep. of the PTA for MB Sr. High School -06/30/13
Leslie Rosenfeld ACM/City Manager designee
Usa Simon Rep. PTA for Ruth K. Broad Elementary-6/30/13
Matti Herrera-Bower City Commission designee
Rebeka Cohen Rep. of the PTA North Beach Elem. School-6/30/13
Sofia Emuriel
Vacant
vacant
Rep. of PTA for Treasure Island Elem. 06/30/13
City Commission designee
Rep. of the PTA Sout Pointe Elementary -6/30/13
Applicants Position/Title Applicants
~"~"''· ... ·~===···,-•cc•<·;.•;c,-·=· ==CC'C· ·-·-----····--====-'··' <'"'··
Wednesday, January 30, 2013
410
Commissioner Jonah M. Wolfson 12/31/17
Commissioner Deede Weithorn 12/31/15
Commissioner Jerry Libbin 12/31/13
Commissioner Ed Tobin 12/31/15
Commissioner Jorge Exposito 12/31/17
Position/Title
Page 9 of 52 (Continued ....
Board and Committees Current Members
Aida EI-Matari
Elaine Litvak
Judith Berson-Levinson
Laura Cullen
Loren Pearson
Marina Aviles
Mia Glick
Wednesday, January 30, 2013
David Crystal
Jill Swartz
Kathleen Kowall
Laurie Kaye Davis
Maria Cifuentes Marrero
Marjorie York
Robert Fairless
411
Page 10of52
Board and Committees Current Members
Committee on the Homeless
Composition:
The committee shall consist of nine (9) members,
three (3) to be appointed by the Mayor and
each Commissioner to appoint one (1).
Sec. 2-161
The chairperson of the Committee on the Homeless or his/her designee shall serve as a non-voting ex-
officio member of the Community Relations Board.
Each member of the committee shall be selected from membership in an organization such as, but
not limited to the following:
Service Providers:
Douglas Gardens Community Mental Health,
Salvation Army,
Better Way,
Miami Dade County Homeless Trust;
(Civic Representation: North Beach (North Beach Development Corp), 41st Street (Middle Beach
Partnership), Lincoln Rd (Marketing Council), Washington Ave (Miami Beach Dev. Corp. and /or
Washington Ave Task Force), Ocean Dr (Ocean Drive Improvement Association), Collins Ave (Hotel
Association), South Pointe (South Pointe Advisory Board to the Red. Agency); member of the general
public with personal experience with homeless issues CDBG Project Coordinator (ESG Emergency
Shelter Grant Provider), city officials, representative from the Police Department and the City
Attorney's Office as ex-officio members.
City Liaison: Katherine Martinez
Appointments To Be Made :
Rabbi Daniel Sherbill 12/31/2012 Commissioner Michael Gongora
Members:
12/31/19
Name Last Name Position!fitle Term Ends: Appointed by: Term Limit:
Ann sheila Turkel
Cary Yee Quee
Dale Gratz
Gail Harris
Jonathan Kroner
Lisa Ware
Prakash Kumar
Rachael Zuckerman
Applicants
Deborah Ruggiero
Eda Valero-Figueira
Helen Swartz
Luis Iglesias-Ramirez
Mitchell Korus
Recio Sullivan
Rosemarie Murillo Likens
",,,,,,, • •Y•'I ',-·,-·<••
Wednesday, January 30, 2013
TL 12/31/13
Position/Title
--------··---·~--···-·-···---~ .... ~----···-·-·
12/3112013 Mayor Matti Herrera Bower 12/31119
12/3112013 Mayor Matti Herrera Bower 12/31119
12/3112013 Mayor Matti Herrera Bower 12/31/14
12/31/2014 Commissioner Ed Tobin 12/31/16
12/31/2013 Commissioner Jorge Exposito 12/31/17
12/3112014 Commissioner Jonah M. Wolfson 12131/13
12/31/2014 Commissioner Jerry Libbin 12131/16
1213112013 Commissioner Deede Weithorn 12/31117
Applicants
Debra (Debi) Quade
Emma DeAibear
Kimberly Diehl
Melissa Mokha
Muayad Abbas
Rosalie Pincus
Stephanie Berman
412
Position/Title
Page 11 of 52
Board and Committees Current Members
Community Development Advisory Committee
Composition:
Sec. 2-190.110
Committee shall be composed of fourteen ( 14) members.
The Mayor and City Commissioners shall each make two (2) direct appointments.
The fourteen (14) direct appointees shall fulfill the city affiliation requirement in either of the following
ways:
1) At least seven (7) appointees shall either be:
(a) Miami Beach residents, for a minimum of six (6) months, in non~target areas or
(b) either city residents, or non~residents, who hold a leadership position in organizations that provide
community development services to low and/or moderate-income people or neighborhoods,
preferably within the city, provided, however, the organization that the appointee holds such position
in cannot be a current or future recepient of city CDBG or HOME funds.
2) The remaining appointees shall either be:
a) A resident or a locally desginated community development target area for a miminum of six (6)
months; or,
b) Demonstrate ownership/interest for a minimum of six (6) months in a business established in a
locally designated community development target area for a minimum of six (6) months.
City Liaison: Brian Gillis
Appointments To Be Made :
Dona
Vacancy:
Members:
Name
Adam
Andrew
Christina
Harvey
James
Karen
Marina
Mark
Michael
Zachary
Zemo
To replace Rachel
Umlas
to replace Josh
Gimelstein
To replace Aida EI-
Matari
Last Name Positionffitle
Greenberg
Fuller
LaBuzetta
Burstein
Weingarten
Fryd
Aviles
Hayes
Bernstein
Cohen
12/31/2012 Mayor Matti Herrera Bower 12/31/17
12/31/2014 Commissioner Jorge Exposito
12/31/2013 Commissioner Michael Gongora
12/31/2014 Commissioner Deede Weithorn
Term Ends: Appointed by: Term Limit:
12/31/2014
12/31/2013
12/31/2014
12/31/2013
12/31/2014
12/31/2013
12/31/2013
12/31/2013
12/31/2014
12/31/2013
Commissioner Deede Weithorn 12/31/19
Commissioner Jerry Libbin 12/31/20
Commissioner Jonah M. Wolfson 12/31/19
Commissioner Ed Tobin 12/31/14
Commissioner Ed Tobin 12/31/18
Mayor Matti Herrera Bower 12/31/17
Commissioner Jorge Exposito 12/31/20
Commissioner Jonah M. Wolfson 12/31/15
Commissioner Jerry Libbin 12/31/16
Commissioner Michael Gongora 12/31/19
Applicants Position/Title Applicants Position/Title --................ , ---···--····--·--···--·---------·-··-·---·······------··-----·-··-·-·····----·-···---···---
Alejandro Dominguez
Bruce Klaiber
Dr. Barry Ragone
Jeffrey Feldman
Juan Rojas
Mark Wohl
':0 ~.v., ., .,. •'/"-"' ,.,. ,..
Wednesday, January 30,2013
Arian Adorno
Derrek Steele
Jean Fils
Jeffrey Graff
Kay Coulter
Michael Rotbart
413
> '• • • •• • ,.. ··-"• •-·:•--·,.•--• J•A ' • ~"•""'
Page 12 of 52 (Continued. ...
Board and Committees Current Members
Russell Hartstein Steve Berke
,,·<->. "
Wednesday, January 30, 2013 Page 13 of 52
414
Board and Committees Current Members
Community Relations Board Sec. 2·190.11
Composition:
The board shall consist of seventeen (17) members.
Eleven (11) members shall! be voting members to be appointed in the following manner: Seven (7)
direct appointments, with the Mayor and each City Commissioner appointing a member.
Three (3) members shall be appointed by the City Manager and one
(1) ex-officio member shall be appointed by the Miami~Dade Community Relations Board from its
membership.
Four (4) non~voting, ex-officio members shall be the chairpersons or designees of the following:
Commission on the Status for Women
Committee on the Homeless,
Hispanic Affairs Committee, and
Police/Citizen Relations Committee.
Two (2) non~Voting ex~officio,:
the police chief or his or her designee and
the director of the Bureau of Children's Affairs.
The composition of the board shall be reviewed every two (2) years.
City Liaison: Lynn Bernstein
Vacancy:
Members:
Name
Adam
Barbara
Brad
Darin
Debra
Laurie Kaye
To replace Jacobo
Epelbaum
Last Name
Kravitz
Montero
Fleet
Feldman
Schwartz
Davis
Position!fitle
TL12/31/13
TL 12/31/13
12/31/2014 Kathie G. Brooks, Int. City Manager
Term Ends: Appointed by: Term Limit:
---------··--·-----------
12/31/2013 Commissioner Jonah M_ Wolfson 12/31/19
12/31/2014 Commissioner Jorge Exposito 12/31/15
12/31/2013 Commissioner Deede Weithorn 12/31113
12/31/2013 Kathie G. Brooks, Int. City 12131/19
Manager
12/31/2014 Commissioner Ed Tobin 12/31/15
12/31/2014 Kathie G. Brooks, Int. City 12/31/13
Manager
Rabbi Solomon Schiff 12/31/2013
12/31/2013
12/31/2014
Mayor Matti Herrera Bower 12/31115
Robert Sena
Seth Feuer
Lisa Ware
Maria Ruiz
Marjorie York
Patty Hernandez
ex-offido of Police Citizens Relations Committee
ex-offido of Miami-Dade Comm. Relation Board
ex-officio Police Chief Designee
ex-officio of the Committee on the Homeless
ex-officio Director of the Bureau Childrens Affair
ex-officio of MB Commission for Women
ex-officio of Hispanic Affairs Committee
Applicants Position/Title ------------·--.. ·----·-------
Wednesday, January 30, 2013
415
Commissioner Michael Gongora 12/31/19
Commissioner Jerry Libbin 12/31/20
'c'"''"'' ' >.->. ,-f "' ~
Page 14 of 52 (Continued ....
Board and Committees Current Members
Andres Asion
Dale Gratz
David Crystal
Eliane Soffer
Ivan Rusilko
Jean Fils
Luis Herrera
Peter Vallis
Troy Fabien
' ~.·-~· ,, .•... , _,, ~-····
Wednesday, January 30, 2013
Claudia Moncarz
David Alschuler
Derrek Steele
Irene Valines
Jacobo Epelbaum
Lori Gold
Mia Glick
Sofia Emuriel
416
Page 15 of 52
Board and Committees Current Members
Convention Center Advisory Board
Composition:
The board shall consist of seven (7) voting members.
The Mayor and each Commissioner shall make one (1) direct appointment.
Sec. 2-46
The chairperson of the board of directors of the Miami Beach Chamber of Commerce or his/her
designee shall serve as a non voting ex~officio member.
The Chairperson of the board of directors of the Greater Miami Convention and Visitors Bureau or his
designee shall serve as a non voting ex~officio member.
Administrative representatives from the management group,
Greater Miami Convention and Visitors Bureau, and
the city manager's office shall serve as non-voting ex-officio members.
City Liaison: Lenny Timor
Vacancy:
Roger Abramson Appointments To
Be Made
Members:
12/31/2012 Commissioner Michael Gongora
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
-"-~·--·-·-
Lips 12/31/2014 Commissioner Jorge Exposito 12/31/19 Alan
Frank
Joshua
Leon
Stuart
Tim
Kruszewski 12/31/2013 Commissioner Jonah M. Wolfson 12/31/18
Wallack
Manne TL 12/31/13
Blumberg
Nardi
ex-off. Global Spectrum Adm Rep.
ex-officio, GMCVB Adm Rep
12/31/2014 Commissioner Ed Tobin
12/31/2013 Commissioner Jerry Libbin
12/31/2013 Mayor Matti Herrera Bower
12/31/2013 Commissioner Deede Weithorn
Bob Balsam
Ita Moriarty
Stephanie Ruiz
Vacant
ex-officio, Chairperson Bd. Of Dir. MBCC
ex-officio member of the City Manager's Office
Barbara Gotlinsky
David Lombardi
Gabrielle Redfern
Gotlinsky Barbara
Mark Wahl
Michael Steffens
Rocio Sullivan
~·· •'''-><<>'•,'o,• •''' '<'"' •'•"'
Wednesday, January 30, 2013
Barbara (Bunny) Patchen
Eric Lawrence
Gayle Durham
Liliam Lopez
Michael Rotbart
Robert Newman
417
Position/Title
Page16of52
12/31/19
12/31/13
12/31/15
12/31/17
Board and Committees Current Members
Debarment Committee Sec. 2-190.128
Composition:
The committee shall consist of seven (7) voting members to be individually appointed by the Mayor
and Commissioners. The committee's purpose is to evaluate and, if warranted, to impose debarment
as provided in Sections 2-397 through 2~406 of the City Code to exclude a contractor (and, in limited
instances, a bidder or proposer) from city contracting and city approved subcontracting.
City Liaison: Alex Denis
Vacancy:
Members:
Name
To replace Melvyn
Schlesser
To replace Stephen
Zack
Last Name Position!fitle
12/31/2014 Commissioner Jorge Exposito
12/31/2014 Mayor Matti Herrera Bower
Term Ends: Appointed by:
---~--------·--····--··----------------~ .......... _________ , ... -~----~-------
Term Limit:
12/31/16 Anthony
Antonio
Darius
Dr. Ronald
Joseph
Applicants
Broad
Hernandez Jr.
Asly
Shane
Hagen
Position/Title
-------····------···-----------
Brian Richard
Lance Richardson
Zachary Cohen
'' < o->.{<>~ •• ·k;-•, _.,,~· '" • •;,,,.,o,•J• '~ '
Wednesday, January 30, 2013
12/31/2014 Commissioner Ed Tobin
12/31/2014 Commissioner Michael Gongora 12/31/18
12/31/2013 Commissioner Deede Weithorn 12/31/17
12/31/2013 Commissioner Jerry Libbin 12/31117
12/31/2013 Commissioner Jonah M. Wolfson 12/31/15
Applicants Position/Title
···-----------·------·---------------
John Bowes
Michael Perlmutter
418
-"'·'·" _., •. _.,_.,.
Page 17 of 52
Board and Committees Current Members
Design Review Board
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) regular members. The seven (7) regular members shall consist of:
1) two architects registered in the Untied States;
Sec. 118.71
2) an architect registered in state of Florida or a member of the faculty of the school of architecture,
urban planning, or urban design in the state, with practical or academic expertise in the field of
design, planning, historic preservation or the history of architecture, or a professional practicing in the
fields of architectural design, or urban planning;
3) one landscape architect registered in the state of Florida;
4) one architect registered in the United States, or a profesional practicing in the fields of architectural
or urban design, or urban planning, or a resident with demonstrated interest or background in design
issues; or an attorney in good standing licensed to practice law within the United States; and
5) two citizens at large.
One person appointed by the City Manager from an eligibility list provided by the Disability Access
Committee shall serve in an advisory capacity with no voting authority. The Planning Director, or
designee and the City Attorney or designee shall serve in an advisory capacity.
Residency and place of business in the county. The two (2) citizen-at-large members and one of the
registered landscape architects, registered architects, professional designer or professional urban
planners shall be residents of the city.
City Liaison: Thomas Mooney
Appointments To Be Made :
Carol Heusen At-large
Marilys Nepomechie Architect
Lilia Medina Urban Planner
Members:
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2012 City Commission
12/31/16
12/31/17
12/31/15
Name
Jason
Leslie
Manuel
Seraj
Last Name Positionffitle Term Ends: Appointed by:
-------·······-············------------········--········
Hagopian
Tobin
Minagori
Saba
Registered Architect
Registered Architect
At-large
Lands. Arch. TL12/31/13
12/31/2013 City Commission
12/31/2013 City Commission
12/31/2013 City Commission
12/31/2013 City Commission
Term Limit:
12/31/15
12/31/16
12/31/17
12/31/13
Gary Held
Richard Lorber
Vacant
Applicants
advisory/Oty Attorney Designee
advisory/ Acting Planning Director
ex-officio/Disability Access Committee
Positionffitle
····-···--<-----·-···•<••-·········-<-•• ---
Alexander Annunziato
Cyn Zarco
Elsa Urquiza
Gary Twist
Jeffrey Cohen
John Stuart
Wednesday, January 30, 2013
Andres Asion
Elizabeth Camargo
Francis Steffens
Jean-Francais Lejeune
Jessica Conn
Seth Wasserman
419
Positionffitle
Page 18of52
Board and Committees Current Members
Disability Access Committee
Com position:
The Committee shall be composed of:
2006-3500 s 2-31
A board quorum of eight (8) members and requiring at least eight (8) votes for board action.
Fourteen (14) voting members who shall be direct appointees by the Mayor and City Commissioners.
1) persons having mobility impairments;
2) deaf and/or hard-of-hearing persons in the community; blind and/or vision impaired persons in the
community;
3) mental, cognitive or developmental disabilities;
4) the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care
(or rehabilitation).
5) One non-voting ex-officio member who is either a member of the disable community or has special
knowledge of Americans with Disabiities Act (ADA) issues.
As per ordinance 2011·3731, in addition to other power and duties, the chairperson of the committee
may designate a committee member to attend meetings of other city agencies, boards, or committees
for the purpose of providing and obtaining input regarding accessibilty related issues and reporting to
the dissability access committee on matters set forth in subsection (b) so that the disability access
committee may provide recommendations to the city departments specified in subsection (b) or to the
city commission.
As per Ordenance 2012-3757 amended Sec. 2-31(D) to increase the number of members from
seven(?) to fourteen (14) and amended the quorum requirement
City Liaison: Vacant
Appointments To Be Made :
VVendy Unger
Vacancy:
Members:
Name
Andrea Lisa
Barbara
David
Dr. Susan
Helen
Lee
Russell
"',.;> ,,<,, '•' .,~_,.>.-~ ,''"" ,• < .-"' ,..,./~ ,,•,< -,.< , , <•"e~, • • c
To replace Andrew
Feuerstein
To replace Elaine
Litvak
To replace John
Bennet
To replace
Lawrence Fuller
Last Name Position/Title
Travaglia
Gotlinsky
New
Solman
Swartz
VVeiss
Hartstein
Wednesday, January 30, 2013
12/31/2012 Mayor Matti Herrera Bower 12/31/16
12/31/2014 Commissioner Jerry Libbin
12/31/2014 Commissioner Michael Gongora
12/31/2013 Commissioner Jonah M. Wolfson
12/31/2013 Commissioner Jerry Libbin
Term Ends: Appointed by: Term Limit:
12/31/2014 Commissioner Jorge Exposito 12/31/19
12/31/2013 Commissioner Ed Tobin 12/31/19
12/31/2014 Commissioner Deede VVeithorn 12/31/15
12/31/2013 Commissioner Deede VVeithorn 12/31/19
12/31/2013 Commissioner Michael Gongora 12/31/18
12/31/2014 Commissioner Jonah M. VVolfson 12/31/19
12/31/2013 Mayor Matti Herrera Bower 12/31/19
«' ·' , · '·"' ·c·' N."" ~
Page 19of52
420
Board and Committees Current Members
Sabrina
Susana
Applicants
Cohen
Maroder-Rivera
Ex-officio member
Position/Title
12/31/2014 Commissioner Ed Tobin 12/31/17
12/31/2013 Commissioner Jorge Exposito 12/31/19
Applicants Position/Title
---------------------------------------
Ann Thomas Britta Hanson
Rabbi Solomon Schiff Rafael Trevino
Wedne:.·day, January 30, 2013 Page20of52
421
Board and Committees Current Members
Fine Arts Board Reso 2000-24216
Com position:
Fourteen (14) members with Mayor and City Commissioners appointing two (2) members each. The
Miami Beach Fine Arts Board promotes the work of contemporary visual and cultural artists, enhances
the appreciation for the arts in the community at large, and provides economic stimulation to under
served neighborhoods.
City Liaison: Gary Farmer
Appointments To Be Made :
Jamie
Members:
Name
Dokovna
Last Name Positionffitle
•--•~•-~v--"
Britta Hanson
Carmen (Maria) Lopez
Carrie Wiesenfeld
Deborah Ruggiero
Ellen Brazer
Judith Berson-Levinson
Lizette Lopez
Melissa Broad
Michael McManus
Michelle Ricci
Nathaniel Korn
Tamra Sheffman
Tiva Leser
Applicants
·----·-··--·-----
Allan Hall
Beverly Heller
Caroline Cardenas
David Lombardi
Emma DeAibear
Francinelee Hand
Gregory Carney
Janda Wetherington
Jenna Ward
Liliam Lopez
Merri Mann
Nelida Barrios
Seth Feuer
Zahara Mossman
Wednesday, January 30, 2013
Position/Title
12/31/2012 Commissioner Michael Gongora 12/31/17
Term Ends: Appointed by: Term Limit:
12/31/2013 Commissioner Jorge Exposito 12/31/19
12/31/2013 Commissioner Michael Gongora 12/31/20
12/31/2013 Mayor Matti Herrera Bower 12/31/15
12/31/2014 Commissioner Jerry Libbin 12/31/18
12/31/2014 Commissioner Jorge Exposito 12/31/17
12/31/2013 Commissioner Jerry Libbin 12/31/16
12/31/2013 Commissioner Deede Weithorn 12/31/20
12/31/2013 Commissioner Ed Tobin 12/31/15
12/31/2014 Mayor Matti Herrera Bower 12/31/17
12/31/2014 Commissioner Ed Tobin 12/31/20
12/31/2014 Commissioner Jonah M. Wolfson 12/31/15
12/31/2014 Commissioner Deede Weithorn 12/31/15
12/31/2013 Commissioner Jonah M. Wolfson 12/31/15
Applicants
Ana Kasdin
Bradley Ugent
Dale Stine
Dina Dissen
Flavia Lowenstein-Eiortegui
Francis Trulienque
James Weingarten
Jeffrey Feldman
Josephine Pampanas
Marjorie O'Neill-Butler
Mia Glick
Patti Hernandez
Wetherington Janda
422
Position/Title
Page21 of52
Board and Committees Current Members
Gay, Lesbian, Bisexual and Transgender (GLBT) Ord. 2009-3635
Composition:
The Committee shall consist of fifteen (15) voting members, with three (3) members to be directly
appointed by the Mayor, and two (2) members to be directly appointed by each City Commissioner.
Notwithstanding the preceding sentence, the initial membership of the Committee shall be comprised
of those current members of the Mayor's Gay Business Development Committee, choosing to serve on
the COmmittee, with any additional members (as required to complete the total number of members
of the Committee) to be appointed at large by a majority vote of the City Commission.
City Liaison: Diana Fontani
Members:
Name Last Name Positionffitle Term Ends: Appointed by: Term Limit:
~--~----·· ¥·--~--~·---··------··---·--··--·-~~---·--------··"_" ___ .
Billy Kemp 12/31/2014 Mayor Matti Herrera Bower 12/31/16
Chad Richter 12/31/2014 Commissioner Ed Tobin 12/31/16
Cindy Brown 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19
Dale Stine 12/31/2014 Commissioner Michael Gongora 12/31/17
Daniel Spring 12/31/2013 Commissioner Jorge Exposito 12/31/16
Edison Farrow 12/31/2013 Commissioner Jerry Libbin 12/31/16
Ivan Cano 12/31/2014 Commissioner Jonah M. Wolfson 12/31/17
Jorge Rich a 12/31/2013 Mayor Matti Herrera Bower 12/31/17
Karen Brown 12/31/2013 Mayor Matti Herrera Bower 12/31/17
Laura Veitia 12/31/2014 Commissioner Jorge Exposito 12/31/16
Marivi Iglesias 12/31/2013 Commissioner Deede Weithorn 12/31/18
Michael Bath 12/31/2014 Commissioner Jerry Libbin 12/31/17
Nelida Barrios 12/31/2014 Commissioner Deede Weithorn 12/31/16
Thomas Barker 12/31/2013 Commissioner Michael Gongora 12/31/16
Willis "Chip" Arndt Jr. 12/31/2013 Commissioner Ed Tobin 12/31/16
Applicants Position/Title Applicants Position/Title
Brian Richard
Elizabeth Schwartz
Michael Andrews
Rebecca Boyce
Silvia Ros
Walker Burttschell
Wednesday, January 30,2013
---·····--···············--··-····---· --···----······--· ----
Christopher Amisano
Ivana Vento
Rafael Trevino
Richard Murry
Steven Adkins
423
Page22of52
Board and Committees Current Members
Golf Advisory Committee
Composition:
The committee shall be composed of twelve (12) members.
Consisting of eleven (11) voting members,
seven (7) by direct appointment by the mayor and city commissioners,and
four who shall be the presidents of the Bayshore and Normandy Shores Men's and
Women's Golf Association.
The city manager or his designee shall serve as a non voting ex-officio member.
Sec. 2-76
The chairperson of the Golf Advisory Committee or his designee shall serve as a non-voting, ex-officio
member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and
Recreational Facilities Board.
City Liaison: Kevin Smith
Appointments To Be Made :
Jeff Blumenthal
Vacancy:
Members:
To replace Gregory
Carney
12/31/2012 Commissioner Deede Weithorn
12/31/2014 Commissioner Michael Gongora
12/31/15
Name Last Name Positionffitle Term Ends: Appointed by: Term Limit:
--------··-··-··-···-------------······-·-------··--------···· ·----···-···
Jeffrey
Jenifer
John
Joseph
Michael
Kevin Smith
Applicants
Cohen
Caplan
Barker
Conway
Piazza
12/31/2013
12/31/2013
12/31/2014
12/31/2013
12/31/2014
President for Women's Golf Assoc. MB Golf Assoc.
President of the MB Golf Club Members Assoc.
President, Normandy Shore's Men's Golf Assoc.
President, Normandy Shore's Women's Golf Assoc.
ex-officio, designee of the City Manager
Position/Title Applicants
Commissioner Jerry Libbin 12/31/16
Commissioner Jorge Exposito 12/31/17
Commissioner Ed Tobin 12/31/15
Mayor Matti Herrera Bower 12/31/18
Commissioner Jonah M. Wolfson 12/31/17
Position/Title
···-······-... ·-------------·-···-----
Daniel Novela
Mitchell Korus
Ronald Starkman
Jane Hayes
Robert Sena
Zachary Cohen
Wednesday, January 30, 2013 Page23 of52
424
Board and Committees Current Members
Health Advisory Committee Sec. 2-81 2002·
Com position:
Eleven (11) voting members. Appointed by the City Commission at-large, upon recommendations of
the City Manager:
One (1) member shall be the chief executive officer (CEO's) or a designated administrator from Mount
Sinai Medical Center,
One (1) member shall be the Chief Executive Officer (CEO) from Stanley C. Myers Community Health
Center or his/her designee administrator;
Two (2) member shall be an administrator from an Adult Congregate Living Facility (ACLF). And/or an
Assisted Living Facility (ALF);
One (1) member shall be a representative from the nursing profession;
One (1) member shall be a health benefits provider;
Two (2) members shall be physicians.;
Two (2) members shall be consumers consisting of:
1) one (1) individual from the corporate level and;
2) one (1) private individual.
One member shall be a physician or an individual with medical training or experience.
There shall be one (1) non-voting ex-officio representative from each of the following: The Miami
Dade County Health Department, the Health Council of South Florida, and the Fire Rescue
Department. The director of the Office of the Children's Affairs shall be added as a non-voting ex-
officio member of the board.
City Liaison: Sonia Bridges
Appointments To Be Made :
Rachel Schuster ACLF
Dr. Stacey
Dr. Andrew
Dr. Jay
Anthony
Members:
Kruger
Nullman
Reinberg
Japour
Physician
Physician
Physician
ACLF
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2012 City Commission
12/31/16
12/31/16
12/31/14
12/31/16
12/31/16
Name Last Name Positionffitle Term Ends: Appointed by: Term Limit:
---------·--·-··---·~··
Baruch
Harold
Shaheen
Steven
Tobi
Todd
Julie Zaharatos
Maria Ruiz
Applicants
Jacobs M.D. Health Provider
Foster Private Individual
Wirk Private Individual
Sonenreich CEO/Mt. Sinai/MH (NTL)
Ash Nursing Profession
Narson CEO MB Community Health
Rep. from the Health Council of South Fla
ex-officio, Director of Children's Affairs
12/31/2013
12/31/2013
12/31/2013
12/31/2014
12/31/2013
12/3112014
Positionffitle Applicants ----------··-·------·-···
----
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
Positionffitle
Caroline Cardenas
Jared Plitt
Ivan Rusilko
Michael Steffens
"''"·" '" ._,' "" --.,.,.. ' ,_,. ,,_,.-, ,,, .. ~ '
Wednesday, January 30, 2013 Page24 of52
425
12/31/15
12/31/15
12/31/15
12/31/15
Board and Committees Current Members
Health Facilities Authority Board
Composition:
Four (4) year terms.
Five (5) members shall consist of;
two (2) health providers,
Sec. 2-111
one (1) individual in the field of general business who possesses good standing in the community;
one (1) accountant and;
one (1) attorney.
The chairperson of the Health Advisory Board shall serve as a non-voting advisor to the Authority.
Members shall be residents of the City.
Florida Statute 154.207 No term Limits.
City Liaison: Patricia Walker
Members:
Name Last Name Positionffitle
Allison Stone Attorney
Arthur Unger Accountant
Marc Umlas Health Provider
Mark Sinnreich Health Provider
Sidney Goldin General Business
vacant Chairperson, Health Advisory Board
Term Ends: Appointed by:
6/19/2013 City Commission
6/19/2016 City Commission
6/19/2014 City Commission
6/19/2015 City Commission
6/19/2014 City Commission
Term Limit:
FS-154-207
FS 154-207
FS-154-207
FS 154-207
FS 154-207
Applicants Position/Title Applicants Position/Title
__ _. _________________________ _._____ ·-·-----·---------------------------·····-----------·-··--
Miguel Antonio Aviles
Rosalie Pincus
,; "-'' N ,-> ' '" •.-,.,;-, -,,. ~> ' ., '·~· <C'---<,~;.,.~ "<· •. >' ,,. • " , "A-" • •
Wednesday, January 30, 2013
Rachel Schuster
Shaheen Wirk
426
Page25 of 52
Board and Committees Current Members
Hispanic Affairs Committee Sec. 2-190.21
Composition:
The committee shall consist of seven (7) members, with the Mayor and each Commissioner making
one (1) appointment.
The chairperson of the Hispanic Affairs Committee or his/her designee shall serve as a non-voting ex-
officio member of the Community Relations Board.
City Liaison: Nannette Rodriguez
Appointments To Be Made :
Luz
Members:
Name
Ana Cecilia
Antonio
Eliane
Francis
Ida
Patti
Rojas
Last Name
Velasco
Purrinos
Soffer
Trullenque
Percal
Hernandez
Positionffitle
12/31/2012 Mayor Matti Herrera Bower 12/31/19
Term Ends: Appointed by: Term Limit:
12/31/2013 Commissioner Michael Gongora 12/31/18
12/31/2014 Commissioner Jonah M. Wolfson 12/31/17
12/31/2014 Commissioner Jorge Exposito 12/31/17
12/31/2013 Commissioner Ed Tobin 12/31/15
12/31/2014 Commissioner Jerry Libbin 12/31/16
12/31/2013 Commissioner Deede Weithorn 12/31/15
Applicants Position/Title Applicants Position/Title
-------······----------···----·-··--· ---
Israel Sands
Luis Herrera
Rafael Trevino
Wednesday, January 30, 2013
Jeffrey Cohen
Luis Iglesias-Ramirez
Regina Suarez
427
Page26 of52
Board and Committees Current Members
Historic Preservation Board
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) members. There shall be a member from each of the following categories:
1) A representative from the Miami Design Preservation League (MDPL);
Selected from three names nominated by the League.
2) A representative from Dade Heritage Trust (DHT);
Selected from three names nominated by the Trust.
Sec. 118-101
3) Two at-large member who have resided in one of the City's historic districts for at least one year,
and have demonstrated interest and knowledge in architectural or urban design and the preservation
of historic buildings.
4) An architect registered in the state of Florida with practical experience in the rehabilitation of
historic structures;
5) An architect registered in the United States, a landscape architect registered in the state of
Florida, a professional practicing in the field of architectural or urban design or urban planning, each
of the foregoing with practical experience in the rehabilitation of historic structures; or an attorney at
law licensed to practice in the United States, or an engineer licensed in the state of Florida, each of
the foregoing with professional experience and demonstrated interest in historic preservation.
6) A member of the faculty of a school of architecture in the state of Florida, with academic expertise
in the field of design and historic preservation or the history of architecture, with a preference for an
individual with practical experience in architecture and the preservation of historic structures.
All members of the board except the architect, engineer, landscape architect, professional practicing
in the field of architectural or urban design or urban planning and university faculty member of the
board shall be residents of, the city, provided, however, that the city commission may waive this
requirement by a 5/7ths vote in the event a person not meeting these residency requirements is
available to serve on the board and is exceptionally qualified by training and/or experience in historic
preservation matters.
City Liaison: Thomas Mooney
Appointments To Be Made :
Dominique Bai!leul At-large 12/31/2012 City Commission
Jane Gross Dade Heritage 12/31/2012 City Commission
Josephine Manning At-large 12/31/2012 City Commission
Herb So sa MDPL 12/31/2012 City Commission
Members:
12/31/16
12/31/16
12/31/14
12/31/15
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
~~·¥-~~·--~--~ ··-·
David Wieder
Henry Lares
Ira Giller
Applicants
Alejandro Dominguez
Elizabeth Camargo
Francis Steffens
Jessica Jacobs
Josh Gimelstein
Marina Novaes
Raymond Adrian
•' : ~-<-. 'f•'• ''""-'-"'""-e, '<OC"---"'' •' •,
_, ___ ~~·-~~M''''
Attorney
Faculty Mem. TL 12/31/13
Reg. Architect
Position/Title
Wednesday, January 30,1013
-·-·~·--~-----·"·-·---"' --------------
12/31/2013 City Commission
12/31/2013 City Commission
12/31/2013 City Commission
Applicants Position/Title -----------------
Andrew Fischer
Elizabeth Pines
Guy Simani
John Stuart
Marilys Nepomechie
Morris Sunshine
428
Page27of52
12/31/15
12/31/13
12/31/17
Board and Committees Current Members
Housing Authority
Composition:
Four year appointment.
Five (5) members, appointed by the Mayor.
Reso 7031 421.05
Appointments must be confirmed by the City Commission.
At least one (1) member who shall be a resident who is current in rent in a housing project or a
person of low or very low income who resides within the housing authority's jurisdiction and is
receiving rent subsidy through a program administered by the authority or public housing agency that
has jurisdiction for the same locality served by the housing authority, which member shall be
appointed at the time a vacancy exists.
City Liaison: Anna Parekh
Appointments To Be Made :
Eugenio
Members:
Name
Cabreja
Last Name
Emilio DeJesus Fernandez
Michael Band
Peter
Raymond
Applicants
Chavelier
Adrian
Adrian Gonzalez
Barbara Gotlinsky
Damian Gallo
Julio Lora
.,., •j····"'·"-''--·-·~"-·
Wednesday, January 30, 2013
Tenant Commissioner
Position!fitle
-----·-·~------------
HA Commissioner
HA Commissioner
HA Commissioner
HA Commissioner
Position/Title
10/11/2012 Mayor Matti Herrera Bower 10/11/18
Term Ends: Appointed by: Term Limit:
··--·· --~--------"-'·"--··-··--·-·----·-·-··
10/11/2013 Mayor Matti Herrera Bower
10/11/2013 Mayor Matti Herrera Bower
10/11/2015 Mayor Matti Herrera Bower
10/11/2014 Mayor Matti Herrera Bower
Applicants Position/Title
Allan Hall
Christian Folland
Gotlinsky Barbara
Prakash Kumar
Page28 of 52
429
10/11/17
1 0/11/16
10/11/19
10/11/18
Board and Committees Current Members
Loan Review Committee Sec. 2-166
Composition:
The committee shall consist of
seven (7) voting members whom shall be direct appointments by the Mayor and City Commissioners.
The finance director or his/her designee and the city manager or his/her designee shall serve as non-
voting ex-officio members
A member of the Community Development Advisory Committee (CDAC) shall be designated to serve
as a non-voting ex-officio member of the LRC in order to facilitate communications between the LRC
and CDAC.
City Liaison: Rocio Soto
Appointments To Be Made :
Eric Lawrence 12/31/2012 Commissioner Michael Gongora
Members:
12/31/17
Name Last Name Positiontritle Term Ends: Appointed by: Term Limit:
---···-···-·------·-----·-·~········~· ----·····--····-·······--·····--·············
Jay Dermer
Juan Torres
Mario Coryell
Mayra Diaz Buttacavoli
Michael Rotbart TL 12/31/13
Steve Zuckerman
ex-officio member of the CDAC
Patricia Walker ex-officio Finance director or his/her designee
Applicants Position/Title
··-·----·-·········----·····--··-····--··· ---------·-·-····
Allan Hall
Stephanie Berman
.-.-,·~···--.. ~-~'->--··'<>.<' -,
Wednesday, January 30, 2013
12/31/2014 Commissioner Jonah M. Wolfson 12/31/18
12/31/2013 Mayor Matti Herrera Bower 12/31/15
12/31/2014 Commissioner Jorge Exposito 12/31/17
12/31/2013 Commissioner Ed Tobin 12/31/17
12/31/2013 Commissioner Deede Weithorn 12/31/13
12/31/2014 Commissioner Jerry Libbin 12/31/14
Applicants Position/Title
····---·······---·----------··-----·--
Lance Richardson
Page29 of52
430
Board and Committees Current Members
Marine Authority Sec. 2-190.46
Composition:
The marine authority shalf consist of seven (7) voting members, who shall be direct appointments by
the mayor and city commissioners,
and one non voting, ex-officio member of the authority, who shall be a representative of the city
marine patrol.
Appointments to the authority shalf consist of individuals who have had previous experience in the
operation of or inspection of either marine vessels or marine facilities including experience in various
types of boat activities, including fishing in the waterways of the city. The members of the marine
authority shall have the right and duty to consult with any member of the city administration for
technical or other information pertaining to the matters before them.
City Liaison: Mercedes Carcasses
Appointments To Be Made :
Stephen
Antonio
Vacancy:
Members:
Bernstein
Maldonado
To replace Joel
Aberbach
12/31/2012 Commissioner Deede Weithorn
12/31/2012 Commissioner Michael Gongora
12/31/2013 Mayor Matti Herrera Bower
12/31/18
12/31/17
Name Last Name Position!fitle Term Ends: Appointed by: Term Limit:
Christopher Todd 12/31/2013 Commissioner Jorge Exposito 12/31/14
Daniel Kipnis 12/31/2013 Commissioner Jonah M. Wolfson 12/31/16
Maurice Goodbeer 12/31/2014 Commissioner Jerry Libbin 12/31/19
Sasha Boulanger 12/31/2013 Commissioner Ed Tobin 12/31/18
Michael George ex-officio MB Marine Patrol
Applicants Position/Title Applicants Position/Title
--··-·---···········--··------···--···--------···········-···-----
Alex Espenkotter
Elaine Roden
Joel Aberbach
Matthew Paulini
Robert Glick
Wednesday, January 30, 2013
Christian Folland
Jacobo Epelbaum
Jonathan Beloff
Paul Friedman
William Cahill
431
---···--·-----
Page30of52
Board and Committees Current Members
Miami Beach Commission For Women
Composition:
Twenty-one (21) members.
2007-3570 s 2190-
Each of the seven (7) members of the commission shall appoint three (3) members.
The chairperson of the Commission on the Status of Women or its designee shall serve as a non-
voting ex-officio member of the Community Relations Board.
City Liaison: Wanda Geist
Appointments To Be Made :
Claudia Moncarz 12/31/2012 Mayor Matti Herrera Bower 12/31/17
Regina Berman 12/31/2012 Mayor Matti Herrera Bower 12/31/17
Recio Sullivan 12/31/2012 Commissioner Michael Gongora 12/31/19
Vacancy:
To replace Laura 12/31/2013 Commissioner Michael Gongora
Members:
Name
Debra (Debi)
Elsa
Francinelee
Gertrude
Jessica
Karen
Laura
Leslie
Maribel
Marjorie
Mercedes
Monica
Nikki
Regina
Roberta
Tiffany
Cullen
To replace Ana
Kasdin
Last Name
Quade
Orlandini
Hand
Arfa
Conn
Edelstein
Bruney
Coller
Quia Ia
York
Carlson
Harvey
Weisburd
Suarez
Gould
Lapciuc
12/31/2013 Commissioner Ed Tobin
Positionffitle Term Ends: Appointed by: Term Limit:
12/31/2013 CommissionerJerryLibbin 12/31/19
(TL 12/31/13) 12/31/2013 Commissioner Jonah M. Wolfson 12/31/13
12/31/2013 Commissioner Jerry Libbin 12/31/16
12/31/2014 Commissioner Ed Tobin 12/31/14
12/31/2014 Commissioner Jonah M. Wolfson 12/31/19
12/31/2014 Commissioner Jerry Libbin 12/31/15
(TL 12/31/13) 12/31/2014 Commissioner Jorge Exposito 12/31/13
12/31/2013 Commissioner Deede Weithorn 12/31/15
12/31/2014 Commissioner Jorge Exposito 12/31/16
(TL 12/31/13) 12/31/2013 Mayor Matti Herrera Bower 12/31/13
12/31/2013 Commissioner Jorge Exposito 12/31/18
(TL 12/31/13) 12/31/2014 Commissioner Jonah M. Wolfson 12/31/13
12/31/2014 Commissioner Ed Tobin 12/31/15
12/31/2014 Commissioner Michael Gongora 12/31/17
12/31/2013 Commissioner Deede Weithorn 12/31/15
12/31/2013 Commissioner Deede Weithorn 12/31/17
Applicants Position/Title Applicants Position/Title
--··-···-··------
Britta Hanson
Diana Fontani Martinez
Jennifer Diaz
Maria Begonia Calcerrada
Marjorie O'Neill-Butler
Molly Leis
Rebecca Boyce
.,.,, ~. ·~·' .· '·,""'-"'' · .. ·~·'"""·"'' •• • > . .f,•r '' --''"•'"'•
Wednesday, January 30, 2013
----·-·---....
Dale Gratz
Eda Valero-Figueira
Judith Berson-Levinson
Marie Towers
Merle Weiss
Natalia Datorre
Wendy Kal!ergis
432
Page31 of52
Board and Committees Current Members
Miami Beach Cultural Arts Council
Composition:
Three (3) years term.
Vacancies submitted by slate of candidates provided by the council.
Sec. 2-51
Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission.
Effective December 31, 2001, concurrent with the expiration of the terms of six (6) members of the
council, and the resulting vacancies thereon, three (3) members shalf be appointed for three (3) year
terms each, provided that one of those appointments shall be to fill the vacancy of the one (1) year
term expiring on December 31, 2001, and three (3) members shall be appointed for two (2) year
terms each. Additionally, effective December 31, 2002, no council member may serve more than six
(6) consecutive years.
City Liaison: Gary Farmer
Appointments To Be Made :
Daniel
Beatrice
Marjorie
Vacancy:
Nove Ia
Hornstein
O'Neill-Butler
To replace Ileana
Bravo-Gordon
Members:
Name Last Name Position/Title
Charles Million
Ed a Valero-Figueira
Gregory Melvin
Isadore Have nick
Merle Weiss
Nina Duval
Zoila Datorre
Applicants
----·-·---·---------····-------------
Annette Fromm
Bradley Ugent
Christina LaBuzetta
Elizabeth Pines
George Durham
Jason Witrock
Jean-Francais Lejeune
Jonathan Parker
Maria Cifuentes Marrero
Michael McManus
Monica Harvey
Nathaniel Korn
Patti Hernandez
Robert Newman
Tamra Sheffman
Wednesday, January 30, 2013
TL 12/31/13
TL 12/31/13
Positionffitle
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2015 City Commission
12/31/15
12/31/15
12/31/15
Term Ends: Appointed by: Term Limit:
·-·-·..---·-,-·-_,~ .. ·--·~----
12/31/2013 City Commission
12/31/2014 City Commission
12/31/2014 City Commission
12/31/2013 City Commission
12/31/2013 City Commission
12/31/2013 City Commission
12/31/2014 City Commission
Applicants
---
Antoinette Zel
Calvin Kohli
Cyn Zarco
Eugenio Cabreja
Janda Wetherington
Jean Fils
Jenna Ward
Karlene Mcleod
Mark Alhadeff
Molly Leis
Monica Minagorri
Oliver Oberhauser
Rebecca Diaz
Steve Berke
Wetherington Janda
433
Positionffitle
Page32of52
12/31/17
12/31/14
12/31/15
12/31/13
12/31/17
12/31/13
12/31/14
Board and Committees Current Members
Miami Beach Human Rights Committee 2010-3669
Composition:
The committee shall consist of a minimum of five (5) and a maximum of eleven (11) members, with
one (1) out of every five (5) members, to be a direct appointment by the Mayor, and with the
remaining members to be at-large appointments of the City Commission.
The members of the committee shall reflect as nearly as possible, the diversity of individuals
protected under the City's Human Rights Ordinance. In keeping with this policy, not less than two (2)
months prior to making appointments or re-appointments to the committee, the City Manager shall
solicit nominations from as many public service groups and other sources, which he/she deems
appropriate, as possible.
At least one (1) of the committee members shall possess, in addition to the general qualifications set
forth herein for members, a license to practice law in the State of Florida; be an active member of
and in good standing with the Florida Bar, and have experience in civil rights law. The attorney
member shall also serve as chair of the committee.
City Liaison: Ralph Granado
Appointments To Be Made :
Rafael
Carlos J
Dr. Barry
Vacancy:
Members:
Trevino
Ortuno
Ragone
To replace Michael
Andrews
To replace Todd
Narson
Name Last Name Position/Title
Alan Fishman
Elizabeth Schwartz Law
Walker
William
Applicants
Burttschell
Warren Jr.
Position/Title
12/31/2012 City Commission 12/31/16
12/31/2012 City Commission 12/31/16
12/31/2012 City Commission 12/31/16
12/31/2013 City Commission
12/31/2014 City Commission
Term Ends: Appointed by: Term Limit:
·----~··-.· -···----
12/31/2013 City Commission 12/31/16
12/31/2013 City Commission 12/31/16
12/31/2013 City Commission 12/31/16
12/31/2013 Mayor Matti Herrera Bower 12/31/19
Applicants Position/Title
--------··············------· ···---········ ·····--··········· ----·-······---·······
Andrea Lisa Travaglia
Christopher Amisano
Lori Gold
Monica Harvey
Rachel Umlas
-J<"""""'''""-·' "·"'"•"" .·,· .,,,.,_,,g,-·,,~, ''
Wednesday, January 30, 2013
Bradley Ugent
Ivana Vento
Luis Herrera
Prakash Kumar
434
Page33 of52
Board and Committees Current Members
Miami Beach Sister Cities Program Sec. 2-181
Composition:
The Coordinating Council is the governing body of the overall Sister Cities Program. The council shall
consist of;
one (1) representatives per Sister City affiliation and ,
nine (9) other members. All of these members are appointed by the mayor. The members of the
coordinating council shall be persons who are interested in furthering the purpose of the program.
Any person interested in furthering the purpose of the program may become a member of an
individual sister city committee upon approval by the coordinating council. To qualify, the person
shall present a resume and a letter of interest to the committee chairperson.
These members are appointed by the Mayor of the City of Miami Beach for two (2)
years. City Liaison: Diana Fontani
Appointments To Be Made :
Bruce Reich Nahariya, Israel TL 12/31/13 12/31/2012 Mayor Matti Herrera Bower 12/31/13
Gary Twist Fortaleza Brazil 12/31/2012 Mayor Matti Herrera Bower 12/31/17
Stephanie Trinidad other 12/31/2012 Mayor Matti Herrera Bower 12/31/16
George Neary other 12/31/2012 Mayor Matti Herrera Bower 12/31/16
Jessica Londono lea, Peru 12/31/2012 Mayor Matti Herrera Bower 12/31/17
Faye Goldin other 12/31/2012 Mayor Matti Herrera Bower 12/31/18
Zeiven Be itch man other 12/31/2012 Mayor Matti Herrera Bower 12/31/14
Ileana Bravo-Gordon Rio de Janeiro, Brazil 12/31/2012 Mayor Matti Herrera Bower 12/31/19
Annette Fromm other 12/31/2012 Mayor Matti Herrera Bower 12/31/19
Jennifer Diaz Santa Marta, Colombia 12/31/2012 Mayor Matti Herrera Bower 12/31/19
Vacancy:
To replace other 12/31/2013 Mayor Matti Herrera Bower
Veronika
Pozmentier
To replace Daniela Krumlov, Czeck Rep. 12./31/2013 Mayor Matti Herrera Bower
linden-Retkova
To replace Michael Fujisawa, Japan
McNamee
Members:
Name Last Name
Elaine Roden
Jacobo Epelbaum
Jenna Ward
Nuccio Nobel
Ray Breslin
Roberto DaTorre
Wendy Kallergis
Applicants
-----
Ana Kasdin
Beatrice Hornstein
Charles Million
Darin Feldman
Gabriel Paez
Wednesday, January 30, 2013
Positionffitle
other
other
Almonte, Spain
Cozumel, Mexico
Brampton, Canada
other
Pescara, Italy
Positionffitle
12/31/2013 Mayor Matti Herrera Bower
Term Ends: Appointed by: Term Limit:
-"'·-------·-·-·~--------·---· ···-~-·-···-----·
12/31/2013 Mayor Matti Herrera Bower 12/31/17
12/31/2013 Mayor Matti Herrera Bower 12/31/19
12/31/2013 Mayor Matti Herrera Bower 12/31/19
12/31/2013 Mayor Matti Herrera Bower 12/31/16
12/31/2013 Mayor Matti Herrera Bower 12/31/16
12/31/2013 Mayor Matti Herrera Bower 12/31/16
12/31/2013 Mayor Matti Herrera Bower 12/31/19
Applicants
Ann Thomas
Bruce Klaiber
Claudia Moncarz
Francesco Stipo
Gregory Carney
Positionffitle
---· ·-····------
'.~~·e; • •< ·~>-'d •W"
Page 34 of 52 (Continued ....
435
Board and Committees Current Members
Israel Sands
Josephine Pampanas
Luis Iglesias-Ramirez
Maria Rodriguez
Michael Tichacek
Raymond Adrian
Walter Lucero
Wednesday, January 30, 2013
Ivan Rusilko
Luis Giraldo-De Ia hoz
Marcella Paz Cohen
Michael Rotbart
Rabbi Daniel Sherbill
Tamra Sheffman
436
Page35 of52
Board and Committees Current Members
Normandy Shores Local Gov. Neighborhood Impv. Sec 34-175
Composition:
The Advisory Council shall be appointed by the Board of Directors (City Commission) and composed of
three members of the Executive Committee of the Normandy Shores Homeowner Association. On
behalf of the Board of Directors, the City Clerk shall solicit from the Executive Committee the eligibity
list of its members for appointment consideration. The Advisory Council shall be composed of the
three members of the Executive Committee of the Normandy Shores Homeowners Association as per
Resolution No. 97-22449 adopted July 2, 1997.
City Liaison: Ronald Loring
Appointments To Be Made :
Ronald
Vacancy:
Members:
Name
Loring Optometric Physician
To replace Geoff
Green
To replace Manuel
Minagori
Last Name PositionffitJe
12/31/2012 City Commission 12/31/19
12/31/2014 City Commission
12/31/2014 City Commission
Term Ends: Appointed by:
---··------·-···--··--·--·--·-------. ·-··--··-·---··
Term Limit:
12/31/14 New
Applicants
Andrew Fuller
John Bowes
Marie Towers
Monica Minagorri
Tegan Eve
Member
Wednesday, January 30, 2013
Position/Title
12/31/2014 City Commission
Applicants Positionffitle
-···---···-·······-··-------··-··--····
David Alschuler
Jonathan Porcelli
Miguel Antonio Aviles
Sofia Emuriel
437
Page36 of 52
Board and Committees Current Members
Parks and Recreational Facilities Board
Composition:
The board shall be comprised of ten (10) members.
Sec. 2-171
Seven (7) direct appointments made by the mayor and each commissioner.
The chairperson of the following boards/committees or their designees shall serve as nonvoting ex~
officio members of the Parks and Recreational Facilities Board:
1) Beautification Committee/
2) Golf Advisory Committee 1 and
3) Youth Center Advisory Board (See Beach Preservation/ ex~officio member.)
Members of the board shall demonstrate interest in the City's Parks and Recreational Facilities and
programs through their own participation or the participation of a member of their immediate family.
City Liaison: Kevin Smith
Vacancy:
Members:
Name
To replace Jeffrey
Forster
To replace Uzette
Lopez
Last Name Positionffitle
12/31/2013 Commissioner Michael Gongora
12/31/2013 Commissioner Jerry Libbin
Term Ends: Appointed by: Term Limit:
-··---------····-···-·-------·············-~·-----
Amy
Harriet
Jonathan
Leslie
Meryl
Rabin
Halpryn
Groff
Graff
Wolfson
(TL 12./31/13)
TL12/31/13
12/31/2014
12/31/2014
12/31/2014
12/31/2014
12/31/2013
Mayor Matti Herrera Bower 12/31/13
Commissioner Jonah M. Wolfson 12/31/15
Commissioner Deede Weithorn 12/31/17
Commissioner Ed Tobin 12/31/15
Commissioner Jorge Exposito 12/31/13
Daniel Nixon
vacant
vacant
Ex-Officio member Beautification Committee
Ex-Officio member of the Youth Center Adv. Board
Ex-Officio member of Golf Advisory Commttee
Applicants Positionffitle
-~--··········-·-···········----
Annette Cannon
Dolores Hirsh
George Castillo
Jason Witrock
Maria Cifuentes Marrero
Michael Steffens
Mojdeh Khaghan
Paul Stein
Walter Lucero
~. >~ ~o"•. • , .. ,, . .._., __ •"• ~ > ,.,,->;, • '" "•«' "'
Wednesday, January 30,2013
Applicants ___ __:_ ---
Dana Turken
Eleanor Carney
George Durham
Jonathan Parker
Maria Rodriguez
Miguel Antonio Aviles
Moni Cohen
Peter Vallis
438
Positionffitle
---··········--
Page37of52
Board and Committees Current Members
Personnel Board Sec. 2-190.66
Com position:
Ten (10) members appointed by a 5/7 vote.
Six (6) of which shall! be citizens of Miami Beach not in the employment of the city, each having a
different vocation;
and three (3) regular employees of the City of Miami Beach, to be elected by the probationary and
regular employees of the city and who shall be elected from the employees of regular status in the
respective groups:
Group I shall consist of the employees of the Police Department, Fire Department
and Beach Patrol Department,
Group II shall consist of employees who are in clerical and executive positions,
Group III shall consist of all other employees,
The Personnel Director is a non-voting member.
City Liaison: carla Gomez
Appointments To Be Made :
Mojdeh Khaghan
Gabriel
Vacancy:
Members:
Paez
To replace David
Richardson
To replace David
Alschuler
To replace Michael
Perlmuter
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2013 City Commission
12/31/2014 City Commission
12/31/2013 City Commission
12/31/16
12/31/15
Name Last Name
Rosalie Pincus
Position/Title Term Ends: Appointed by:
12/31/2013 City Commission
Term Limit:
12/31/15
Christopher Diaz
Evette Phillips
George Castell
Vacant
Applicants
Elsa Orlandini
Laurie Kaye Davis
Richard Preira
elected 07/20/2011 exp. 7/31/2014-Group I
elected 07/09/2012 exp. 7/31/2015 Group III
elected 07/23/2010 exp. 7/31/2013 Group H
Human Resources Director
Position/Title Applicants ----
Gail Harris
Lori Gold
~-"· < ,.,.~,,__, ''"""''•' •• --' •
Wedneiday, January 30, 2013
439
Position/Title
Page38 ofJ2
Board and Committees Current Members
Planning Board Sec. 118-51
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) regular voting members. The voting members shall have considerable experience in
general business, land development, land development practices or land use issues; however, the
board shall at a minimum be comprised of:
1) one architect registered in the state of Florida; or a member of the faculty of a school of
architecture in the state, with practical or academic expertise in the field of design, planning, historic
preservation or the history of architecture; or a landscape architect registered in the state of Florida;
or a professional practicing in the fields of architectural or urban design, or urban planning;
2) one developer who has experience in developing real property; or an attorney in good standing
licensed to practice law within the United States.
3) one attorney licensed to practice law in the state of Florida who has considerable experience in
land use and zoning issues;
4) one person who has education and/or experience in historic preservation issues. For purposes of
this section, the term "education and/or experience in historic preservation issues" shall be a person
who meets one or more of the following criteria:
A) Has earned a college degree in historic preservation;
B) Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or
C) Is recognized by the city commission for contributions to historic preservation, education or
planning; and
5) three persons who are citizens at large or engaged in general business in the city
No person except a resident of the city, who has resided in the city for at least one year shall be
eligible for appointment to the planning board. The City Commission may waive the residency
requirements by a 5/7ths vote in the event a person not meeting these requirements is available to
serve on the board and is exceptionally qualified by training and/or experience.
City Liaison: Katia Hirsh.
Appointments To Be Made :
Jean-Francais Lejeune Architect
Daniel Veitia Historic Preservation
Vacancy:
To replace Randy General Business
Weisburd
Members:
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2014 City Commission
12/31/17
12/31/14
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Charles
Henry
Jonathan
Robert
Applicants
Alex Espenkotter
Andres Asian
Urstadt
Stolar
Beloff
Wolfarth
Avi Ciment
Dominique Bailleul
Francis Steffens
Gary Twist
Wednesday, January 30, 2013
General Business
Gen. Bus. TL 12/31/13
Attorney
Developer
Position/Title
. -·--···················--·-·····-·-···----
·-~~---·-"·-·--··--···
12/31/2013 City Commission 12/31/17
12/31/2013 City Commission 12/31/13
12/31/2013 City Commission 12/31/15
12/31/2013 City Commission 12/31/17
Applicants Position!fitle
····----.·------··--·---·--··· -------
Alexander Annunziato
Anthony Atala
Brian Ehrlich
Elizabeth Camargo
Frank Kruszewski
Guy Simani
,• ._..:., , .. ,c•, ~' '• e """''"'"' "'•"--""""' ··-"
Page 39 of 52 (Continued. ...
440
Board and Committees Current Members
Jack Johnson
Jessica Conn
Joy Malakoff
Mark Alhadeff
Muayad Abbas
Robert Sena
Wednesday, January 30, 2013
Jeffrey Cohen
Joshua Wallack
Marina Novaes
Marlo Courtney
Noah Fox
441
Page40of52
Board and Committees Current Members
Police Citizens Relations Committee
Composition:
The committee shall consist of seventeen ( 17) members,
fourteen (14) of whom shall be voting members.
Sec. 2-190.36
The members shall be direct appointments with the Mayor and City Commissioners, each making two
(2) individual appointments.
One {1) non-voting ex-officio member shall be from the non-administrative personnel of the police
department selected by a majority vote of the non administrative personnel.
Two (2) additional non-voting ex-officio members shall be the police chief (or a designee) and the city
attorney (or a designee).
The chairperson of the committee or his/her designee shall serve as a non-voting ex-officio member
of the Community Relations Board.
The Police/Citizen Relations Committee shall be assigned to the Police Department.
Recommendations for appointment to all voting and non-voting membership selected by the Mayor
and Commission shall be obtained from;
the Spanish American League Against Discrimination (S.A.L.A.D.); the League of United
Latin American Citizens (L.U.L.A.,C.]; The Anti-Defamation League, (A.D.L.);
The Dade Action Pac; the National Association for the Advancement of Colored People
(NAACP A);
the League of Women's Voters,
and any other organizations deemed appropriate.
The voting members of the committee shall have knowledge of and interest in Police Community
Relations and their impact on the City of Miami Beach.
City Liaison: Chief Raymond Martinez
Appointments To Be Made :
Michael Grieco 12/31/2012 Commissioner Michael Gongora
Vacancy:
To replace 12/31/2014 Commissioner Jorge Exposito
Gianluca Fontani
To replace Jared 12/31/2014 Commissioner Michael Gongora
Dokovna
To replace Beverly 12/31/2014 Commissioner Jorge Exposito
Aberbach
Members:
12/31/19
Name Last Name Positionffitle Term Ends: Appointed by: Term Limit:
»••-···----·»·-----»-··----·------·----·-·-----·-------------------------· ---------·---·---------
Claire Warren
Dina Dissen
Glenda Krongold
Hope Fuller
Jared Plitt
Jonathan Parker
Mitchell Korus
Nelson Gonzalez
Steven Oppenheimer
Walter Lucero
Alex Bello Non-adm. Personnel of the PD
R. Martinez Police Chief
Wednesday, January 30,1013
12/31/2013
12/31/2014
12/31/2014
12/31/2013
12/31/2013
12/31/2013
12/31/2013
12/31/2013
12/31/2014
12/31/2013
442
Mayor Matti Herrera Bower
Commissioner Jerry Libbin
Commissioner Ed Tobin
Commissioner Jerry Libbin
12/31/18
12/31/14
12/31/15
12/31/16
Commissioner Deede Weithorn 12/31/15
Commissioner Jonah M. Wolfson 12/31/19
Mayor Matti Herrera Bower 12/31/18
Commissioner Ed Tobin 12/31/15
Commissioner Jonah M. Wolfson 12/31/17
Commissioner Deede Weithorn 12/31119
c ,J."'-£-,•, , ...
Page 41 of 51 (Continued. ...
Board and Committees Current Members
Steve Rothstein City Attomey Designee
Applicants
Alejandro Dominguez
Barbara (Bunny) Patchen
Christina LaBuzetta
Deborah Ruggiero
Eugenio Cabreja
Irene Valines
Kimberly Diehl
Laura Marilla
Marina Aviles
Michael Perlmutter
Richard Preira
Steven Gonzalez
'"' >'C>'..>~ '~.· o->''"''
Wednesday, January 30, 2013
Position/Title
Alex Espenkotter
Bruce Klaiber
David Crystal
Erik Goldman
Irene Valines
Jessica Jacobs
Laura Cullen
Maria Begonia Calcerrada
Melissa Mokha
Rachel Schuster
Rosemarie Murillo Likens
Tegan Eve
443
Position/Title
Page42of52
Board and Committees Current Members
Production Industry Council Sec. 2·71
Composition:
The council shall consist of seven (7) voting members, the Mayor and each Commissioner shall make
one direct appointment.
All regular members shall have knowledge of the fashion, film, new media, production, television and
or recording industries of the city.
Each of the six (6) industries shall be represented by at least one member, but no more than three
(3) members, who are directly involved with that industry.
City Liaison: Graham Winick
Vacancy:
Members:
Name
Allee
Belkys
Bruce
Ivan
Noreen
Applicants
To replace Ivan Pol Recording Industry
To replace Joyce Production
Galbut
Last Name
Newhoff
Nerey
Orosz
Parron
Legault-Mendoza
Position/Title
Fashion (TL 12/31/13)
Production
Fashion
News Media
TV/Film
Position/Title
------····-··---·-····-······---
Irene Valines
Lisa Ware
Paul Friedman
' "" , __ .,Y.>~"""'' • > •• ~ o
Wednesday, January 30, 2013
12/31/2013 Commissioner Jerry Ubbin
12/31/2014 Mayor Matti Herrera Bower
Term Ends: Appointed by: Term Limit:
12/31/2014 Commissioner Jorge Exposito 12/31/13
12/31/2013 Commissioner Deede Weithorn 12/31/18
12/31/2014 Commissioner Ed Tobin 12/31/15
12/31/2014
12/31/2013
Applicants
Commissioner Michael Gongora 12/31/16
Commissioner Jonah M. Wolfson 12/31/17
Position/Title
·-···--···-····-··-------
Karlene Mcleod
Natalia Datorre
444
Page43 of52
Board and Committees Current Members
Safety Committee Sec. 2-176
Composition:
Committee consists of fourteen (14) members who shall be direct appointments, two (2)
appointments shall be made by the Mayor and each Commissioner.
The members shall have knowledge of and interest in the safety of the citizens of the city.
Ordinance 2010·3710 requires that one of the two direct appointments by the Mayor and each of the
City Commissioners be Citizen Emergency Response Team (CERT) certified.
City Liaison: Sonia Bridges
Appointments To Be Made :
Jerry Marsch (TL 12/31/13)
Members:
Name Last Name
Alfredo Rey
Barbara Gillman
Baruch Sandhaus
Calvin Kohli
Irene Valines
Jane Hayes
Jason Witrock
Jeannette Egozi
Jeff Gordon
Joel Aberbach
Marcella Paz Cohen
Michelle Green
Oren Lieber
Applicants
Michael Perlmutter
Michelle Green
Robert Blumenthal
William Cahill
• ··~·~·""·"' ,·,-••.. ,."'·~· ><•.o· .• ,,;•:c-•-···'•"•'·-''"""-'·"·"-'"'""''•
Wednej·day, January 30, 2013
Positionffitle
.. -·-··~----,·~-·-
(TL 12/31/13)
Position/Title
12/31/2012 Mayor Matti Herrera Bower 12/31/13
Term Ends: Appointed by: Term Limit:
12/31/2014 Commissioner Deede Weithorn 12/31/17
12/31/2014 Commissioner Jonah M. Wolfson 12/31/13
12/31/2013 Commissioner Jorge Exposito 12/31/17
12/31/2014 Commissioner Jerry Libbin 12/31/16
12/31/2014 Commissioner Ed Tobin 12/31/19
12/31/2013 Commissioner Jerry Libbin 12/31/17
12/31/2014 Commissioner Jorge Exposito 12/31/19
12/31/2013 Commissioner Michael G6ngora 12/31/17
12/31/2013 Commissioner Jonah M. Wolfson 12/31/19
12/31/2013 Mayor Matti Herrera Bower
12/31/2013 Commissioner Deede Weithorn
12/31/2013 Commissioner Michael G6ngora
12/31/2014 Commissioner Ed Tobin
Applicants
Michael Tichacek
Orlinda Perez Perez
Silvia Rotbart
445
Position/Title
Page44 of52
12/31/19
12/31/16
12/31/19
12/31/14
Board and Committees Current Members
Single Family Residential Review Panel 2006-3529
Composition:
The panel shall be composed of three (3) members, two of whom shall be architects an/or other
registered design professionals, and one shall be a resident of the City, each to serve for a term of
one (1) year. Panel members shall not deliberate in more than four (4) meetings per calendar year
unless required due to inability to satisfy the quorum requirement.
Panel members shall be chosen by the City Manager or designee on a rotating basis or as available
from a list of not more than 20 architects and/or other registered design professionals, as well as a
list of residents of the City. In developing the list of registered professionals, names should be
submitted from the following associations:
(1) American Institute of Architects, local chapter
(2) American Society of Landscape Architects, local chapter
(3) American Planning Association, local section
(4) The Miami Design Preservation League
(5) Dade Heritage Trust-
Liaison: Thomas Mooney
Vacancy:
To replace Daniel Registered Design Prof. 12/31/2013 Kathie G. Brooks, Int. City Manager
Vietia
Jorge Gutierrez Registered Design Prof. 12/31/2013 Kathie G. Brooks, Int. City Manager
(TL 12/31/14)
Rafael Sixto Registered Design Prof. 12/31/2013 Kathie G. Brooks, Int. City Manager
(TL12/31/14)
Members:
Name Last Name Positionffitle Term Ends: Appointed by: Term Limit:
new member 12/31/2013
Applicants Position/Title Applicants Position/Title
··---····-· .. ····· ----
Oliver Oberhauser
Wednesday, January 30, 2013 Page45 of52
446
Board and Committees Current Members
Sustainability Committee 2008-3618
Composition:
The Committee shall consist of seven (7) voting members, one each to be directly appointed by the
Mayor and each City Commissioner. A Commissioner, appointed by the Mayor, shall serve as a non·
voting member and shall serve as the chairperson of the Committee.
The purpose of the Committee is to provide guidance and advice with regard to the City's efforts to
provide and promote general environmental improvement trends, or "Green Initiatives," and
"Sustainable Development", which is herein defined as a pattern of resource use that aims to meet
community needs while preserving the environment so that these needs can be met, not only in the
present, but in the indefinite future.
The Committee shall make advisory recommedations to the City Commission and the City
Manager to promote Citywide Green Initiatives and to promote and provide plans for Sustainable
Development in the City of Miami Beach.
City Liaison: Vacant
Members:
Name Last Name Positionlfitle Term Ends: Appointed by: Term Limit:
-~----~--·"--·----
Commissioner Gongora 12/31/2013 Mayor Matti Herrera Bower
David Doebler 12/31/2013 Commissioner Jerry Libbin 12/31/20
.Debra Leibowitz 12/31/2013 Commissioner Deede Weithorn 12/31/15
Gabriele Van Bryce 12/31/2014 Commissioner Michael Gongora 12/31/17
Lanette Sobel 12/31/2014 Commissioner Jorge Exposito 12/31/17
Lily Furst 12/31/2013 Commissioner Jonah M. Wolfson 12/31/16
Luiz Rodrigues 12/31/2014 CommissionerEdTobin 12/31/15
Mitch Novick 12/31/2013 Mayor Matti Herrera Bower 12/31/16
Applicants Position/Title Applicants Position/Title ---'""""'""""""""'""" --------·-------------··""""'""'''""''""--------------.............. -
Amy Tancing
Elizabeth Pines
Kimberly Eve
Michael Laas
Walker Burttschell
,.,<•,,<,.,. _ _, .,,._,,
Wednesday, January 30, 2013
Andrea Lisa Travaglia
George Durham
Marivi Iglesias
Russell Hartstein
447
'<'•-"'"' ~,c '".~ ·-··~.-.,., .·.•
Page46 of 52
Board and Committees Current Members
Tennis Advisory Committee 2012-3773
Composition:
The Committee shall be composed of severn (7) members, each of whom shall be a voting member
who has demonstrated a high degree of interest, participation, and/or expertise in the sport of
tennis. The Mayor and City Commissioners shall each make one direct appointment to the committee.
The Mission of the Tennis Committee is to improve the lives of residents by promoting the
development and sound management of public facilities dedicated to the sport of tennis in the City of
Miami Beach and to make recommendations, as appropriate, to the City Commission and the City
Administration.
The powers and duties of the Committee shall be to provide advisory recommendations regarding the
use, operation, management, and development of public tennis facilities to the City Commission and
the City Administration for such action as the City Commission and the City Administration may deem
appropriate.
Two years after the September 12, 2012 effective date of this Ordinance, the City Manager shall bring
the provisions of this section before the City Commission for its review and consideration.
City Liaison: Julio Magrisso
Vacancy:
Members:
To replace Lizette
Lopez
12/31/2013 Mayor Matti Herrera Bower
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Carrie Johnson
David Berger
Dolores Hirsh
Gayle Durham
Jeffrey Forster
Tegan Eve
Applicants
Kimberly Diehl
Melissa Mokha
Stephen Donnelly
Vicki Petruzzelli
Wednesday, January 30, 2013
Position/Title
12/31/2014 Commissioner Deede Weithorn 12/31/20
12/31/2013 Commissioner Jorge Exposito 12/31/19
12/31/2013 Commissioner Jonah M. Wolfson 12/31/19
12/31/2014 Commissioner Ed Tobin 12/31/20
12/31/2013 Commissioner Jerry Ubbin 12/31/19
12/31/2014 Commissioner Michael Gongora 12/31/20
Applicants -----------------
Marlene Pross
Michael Tichacek
Steve Berke
448
Position/Title
Page47of52
Board and Committees Current Members
Transportation and Parking Committee
Com position:
Committee shall consist of fourteen (14) members.
Sec. 2-190.91
The Mayor and City Commissioners shall each make one (1) appointment, with the other members of
the committee to be composed of members from the following community organizations, each of
which must designate a permanent coordinating representative:
1) Miami Beach Chamber of Commerce's Transportation and Parking Committee,
2) Miami Beach Community Development Corporation,
3) Ocean Dr. Association,
4) Miami Design Preservation League,
5) North Beach Development Corporation,
6) Mid-Beach Community Association,
7) Lincoln Rd Marketing, Inc.,
On an annual basis, the members of the committee shall elect a chairman and such other officers as
may be deemed necessary or desirable, who shall serve at the will of the committee. Seven members
of the committee shall consist of a quorum of the committee and shall be necessary in order to take
any action.
The members of the voting committee shall have knowledge of and interest in Transportation and
Parking and their impact on the City of Miami Beach.
The members of the board shall be officially designated by their respective organization, and letters
certifying that designation shall be forwarded to the Miami Beach City Clerk.
City Liaison: Saul Frances
Appointments To Be Made :
Josephine
Vacancy:
Members:
Name
Dr. Corey
Eric
J.P.
Scott
Seth
Pampanas
To replace Maria
Mayer
Last Name Position/Title
Narson
Ostroff
Morgan
Diffenderfer
Wasserman
12/31/2012 Mayor Matti Herrera Bower 12/31/14
12/31/2013 Commissioner Ed Tobin
Term Ends: Appointed by: Term Limit:
12/31/2014
12/31/2014
12/31/2013
12/31/2013
12/31/2013
Commissioner Jerry Libbin 12/31/18
Commissioner Deede Weithorn 12/31/18
Commissioner Michael Gongora 12/31/14
Commissioner Jonah M. Wolfson 12/31/15
Commissioner Jorge Exposito 12/31/16
AI Feola Rep. for the Ocean Dr. Imp. Assoc. 12/31/12
Delvin Fruit Rep. for Mid-Beach Community Assoc. -12/31/12
Jo Asmundsson Rep. for MBCDC 12/31/12
Mark Weithorn Rep. for NBDC 12/31/13
vacant Rep. for lincoln Road Marketing
vacant Rep. for MBCC 12/31/12
William "Bill" Hahne Rep. for MDPL 12/31/13
Applicants Positionffitle Applicants Positionffitle
-----------·-------·-·····-·' ---------------------------
,~,.,~ . "' "' '~· " .
Wednesday, January 30, 2013 Page 48 of 52 (Continued .. ,
449
Board and Committees Current Members
Cheryl Jacobs
Eleanor Carney
Gianluca Fontani
Jacobs Jacobs
Julio Lora
Rima Gerhard
Steven Oppenheimer
Wednesdny, January 30, 2013
David Alschuler
Gerhard Rima
Ivana Vento
Jeffrey Feldman
Orlinda Perez Perez
Sasha Boulanger
450
Page49of52
Board and Committees Current Members
Visitor and Convention Authority
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) member who shall be permanent residents of Miami-Dade County.
Sec. 102·246
The seven (7) members of the authority shall be representative of the community as follows:
1) Not less than two (2) nor more than three (3) members shall be representative of the hotel
industry;
2) and the remaining members none of whom shall be representative of the hotel industry, shall
represent the community at-large. Any member of the authority or employee therefore violating or
failing to comply with provisions of this article shall be deem to have vacated his office or position.
City Liaison: Grisette Roque.
Appointments To Be Made :
Margaret (Peggy Benua At-Large 12/31/2012 City Commission
Aaron Perry At-Large 12/31/2012 City Commission
Steven Adkins At-large 12/31/2012 City Commission
Members:
12/31/17
12/31/16
12/31/14
Name Last Name Position/fide Term Ends: Appointed by: Term Limit:
--··~·----~-·-··---·----··-····-····-
Jaqueline Hertz At-large TL 12/31/13
Jeff Lehman Hotel Industry TL 12/31/13
Keith Men in Hotel Industry
Micky Ross Steinberg At-large
Applicants
----
Antoinette Zel
Calvin Kohli
Christine Taplin
Christopher Todd
Eric Lawrence
Harold Foster
James Lloyd
Jennifer Diaz
Joshua Wallack
Karlene Mcleod
Seth Feuer
Zahara Mossman
o• ·~• ~v •• • " • ,~.h
Wednesday, January 30, 2013
Position/Title
·-•u••-·•·~--·-··----"-••-
12/31/2013 City Commission
12/31/2013 City Commission
12/31/2013 City Commission
12/31/2013 City Commission
Applicants Position/Title
·-····------------------·-----
Brian Richard
Charles Million
Christopher Amisano
Diana Fontani Martinez
George Castillo
Israel Sands
Jeffrey Graff
Jonathan Porcelli
Karen Brown
Natalia Datorre
Steven Gonzalez
451
Page50of52
12/31/13
12/31/13
12/31/15
12/31/15
Board and Committees Current Members
Waterfront Protection Committee Sec. 2-190.122
Composition:
The committee shall consist of:
seven (7) voting members, one appointed by the Mayor and each Commissioner, and three (3) non-
voting ex-officio members to be comprised as follows:
1) Seven (7) citizens having an interest in the preservation of the city's beaches
and the purposes of the committee,
2) The city's environmental specialist as an ex-officio member,
3) An individual appointed by the Miami Dade County Department of Environmental
Resources Management (DERM), Natural Resources Division who holds the
position of Special Projects Administrator II as an ex-officio member and,
4) A member of the city's Beach Patrol.
City Liaison: Elizabeth Wheaton
Appointments To Be Made :
Matthew Krieger (TL 12/31/13) 12/31/2012 Commissioner Michael Gongora
Charles Fisher 12/31/2012 Commissioner Deede Weithorn
Members:
12/31/13
12/31/18
Name Last Name Positionffitle Term Ends: Appointed by: Term Limit:
----''""'""··-··--------··--··--······-···-----·-
Barbara
Jeffrey
Morris
Paul
Robert
Hershkowitz 12/31/2014
Feldman 12/31/2013
Sunshine 12/31/2013
Friedman 12/31/2013
Kraft 12/31/2013
Brian Flynn
Joe Fisher
Lisa Botero
ex-officio, Miami-Dade Co. Dept of Env. Res. Mgmt.
ex-officio, City's Beach Patrol Lifeguard II
ex-officio, City's Environmental Specialist
Applicants Position/Title ----···----· ............................ ,. _____ , ______ _
Alan Fishman
James Weingarten
Luiz Rodrigues
William Cahill
-,. __ ,_,.,.""'~\"·d-e>'-' .. ' <
Wednesday, January 30, 2013
Applicants
Andrew Fuller
Kimberly Eve
Silvia Rotbart
452
Commissioner Jerry Libbin 12/31/14
Mayor Matti Herrera Bower 12/31/19
Commissioner Jorge Exposito 12/31/15
Commissioner Ed Tobin 12/31/16
Commissioner Jonah M. Wolfson 12/31/16
Positionffitle
Page 51 of52
Board and Committees Current Members
Youth Center Advisory Board
Composition:
The board shall consist of ten (10) members,
Sec. 2-186
seven (7) of whom shall be voting members affiliated with the Scott Rakow Youth Center. Two (2)
student resident users of the facility shall serve as non-voting ex-officio members; one (1) of these
student users must attend a middle school, and the other must attend a high school.
The director of the office of children's affairs shall serve as a non-voting ex-officio member. The
chairperson of the Youth Center Advisory Board or his designee shall serve as a non-voting, ex-officio
member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and
Recreational Facilities Board.
City Liaison: Ellen Vargas
Appointments To Be Made :
Esther
Paul
Vacancy:
Members:
Egozi Choukrou
Stein
12/31/2012 Commissioner Michael Gongora
12/31/2012 Mayor Matti Herrera Bower
12/31/17
12/31/16
Name Last Name Positionffitle Term Ends: Appointed by: Term Limit:
-·--·---····----------------------
Annette
Dana
Jeffrey
Michael
Stephanie
Maria Ruiz
Applicants
Aida EI-Matari
Rebecca Diaz
Cannon
Turken
Graff
Burnstine
Rosen
ex-offido student rep. of a Middle School
ex-offido student rep. of a High School
ex-offido Dir. of Children's Affairs
Position/Title
Wednesday, January 30, 2013
12/31/2014 Commissioner Ed Tobin 12/31/18
12/31/2013 Commissioner Jorge Exposito 12/31/15
12/31/2014 Commissioner Jerry Libbin 12/31/16
12/31/2013 Commissioner Jonah M. Wolfson 12/31/19
12/31/2013 Commissioner Deede Weithorn 12/31/15
Applicants Position/Title
Andrea Lisa Travaglia
Page 52 of 52
453
City Commission Committaas
Committee Position First Name
Finance & Citywide Projects Committee
Chairperson Commissioner Deede Weithorn
Vice-Chair Commissioner Jorge Exposito
Member Commissioner Michael Gongora
Alternate Commissioner Jerry Libbin
Liaison Patricia Walker, Chief Financial Off.
Land Use & Development Committee
Chairperson
Vice-Chair
Member
Alternate
Liaison
Commissioner Michael Gongora
Commissioner Jonah Wolfson
Commissioner Jerry Lib bin
Commissioner Ed Tobin
Richard Lorber, Acting Planning Dir
Neighborhood/Community Affairs Committee
Chairperson Commissioner Edward L. Tobin
Vice-Chair Commissioner Jerry Lib bin
Member Commissioner Jorge Exposito
Alternate Commissioner Jonah Wolfson
Liaison Barbara Hawayek, Building Dept.
Tuesday, January 29, 2013
454
Appointed by
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
NON-CITY COMMISSION COMMITTEES
Ricky Arriola
The Adrienne Arsht Center for the Performing Arts Center Trust
Mayor Herrera Bower
South Florida East Coast Corridor Coalition
U.S. Conference of Mayors
National League of Cities
Florida League of Cities
International Hispanic Network
International Women's Forum -Arva Moore Parks
FlU Wolfsonian Advisory Board
Greater Miami Convention and Visitors Bureau Executive Committee
Girl Power Honorary Member
Miami-Dade Metropolitan Planning Organization
Miami-Dade County Tourist Development Council
Citizens' Oversight Committee/lnterlocal Agmt for Public School Facility Planning MDC
Victor Diaz
Miami-Dade County Charter Review Task Force
Commissioner Michael Gongora
Miami Dade League of Cities
Mitchell Kaplan
The Adrienne Arsht Center for the Performing Arts Center Trust
Richard Milstein
The Adrienne Arsht Center for the Performing Arts Center Trust
Commissioner Deede Weithorn
Miami-Dade County Homeless Trust Board
F:\CLER\$ALL\a City Commission\Non City Commission Committees 2-6-2013.docx
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager ~~ /--•
February 6, 2013
SUBJECT: BOARD AND COMMITTEE APPOINTMENTS -CITY COMMISSION APPOINTMENTS
ADMINISTRATION RECOMMENDATION
Make appointments as indicated.
BOARDS AND COMMITTEES
1. Affordable Housing Advisory Committee
2. Art in Public Places
3. Board of Adjustment
4. Budget Advisory Committee
5. Capital Improvements Projects Oversight Committee
6. Design Review Board
7. Health Advisory Committee
8. Historic Preservation Board
9. Miami Beach Cultural Arts Council
10. Miami Beach Human Rights Committee
11. Normandy Shores Local Gov. Neighborhood lmpvr.
12. Personnel Board
13. Planning Board
14. Visitor and Convention Authority
Please see the "Agenda • Agenda Archives" for the continuously updated Releases of City
Commission At-Large Nominations listing current information about which applicants have actually
been nominated. The Agenda-Agenda Achieves is located at:
http://miamibeachfl.gov/cityclerk/scroll.aspx?id=66724
Alternatively, the Releases can be found by going to the City's main portal located at
http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of
the webpage, click on the "Agenda -Agenda Archives" link; thereafter chose the first listed
Commission meeting, and click on City Commission At-Large Nominations.
KGB/REG
F \CLERI$ALL\a City Commission\Commission Memo B & C FOR 02-06-13 revised doc
457
Agenda Item Rq A f
Date z,.fvl'$
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R9 ~ New Business and Commission Requests
R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.)
R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30p.m.)
AGENDA ITEM: R981-2
DATE: .2-"-13
459
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460
R9 -New Business and Commission Requests
R9C Update On The Miami Beach Convention Center Project.
(City Manager's Office)
461
Agenda Item R q C.
Date ¢.-h-13
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462
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Kathie Brooks, Interim City Manager J/1~------FROM: Jerry Libbin, Commissioner
DATE: January 23, 2013
SUBJECT: Agenda Item for the February.6, 2013 Commission Meeting; A Discussion
Regarding Referral Items
Please place on the Commission Agenda a discussion regarding items that are referred
to Commission Committees to be reviewed if not heard by that Committee within six
months of its referral dates. After six months, the items should either be referred again to
the Committee or removed altogether. This serves to eliminate unnecessary time and
effort by administration staff and committee members on agenda items which are not
ready to be discussed.
Please contact my office at ext. 7106 if you have any questions.
JL/er
We om cc•mmll!ed !o ptoviding i'.XC(;/Ienl pvblic setv!ce ond soleiv to oil who !iva, work, ond pfov in ou• vlb
463
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~ MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
Kathie Brooks, Interim City Manager , ~
Michael G6ngora, Vice Mayor w~
January 23, 2013
MEMORANDUM
SUBJECT: Discussion Item for February 6 Commission Meeting
Please place on the February Commission meeting agenda a discussion in reference to
Committee on Quality in Education motion regarding the dangerous pedestrian crossing
(especially child pedestrians coming from Nautilus Middle School) problem on 41st
Street. If you have any questions please feel free to contact my aide Diana Fontani at
ext 6087.
MG/df
465
Agenda Item Rq e
Date Z~C, -13
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466
~ MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO Kathie Brooks, Interim City Man
FROM: Michael Gongora, Vice Mayor
DATE: January 24, 2013
SUBJECT: Discussion Item for February 6 Commission Meeting
Please place on the February Commission a discussion item regarding appointing a
Commission Liaison to report back to the Mayor and Commission in regards to the
Miami Beach Convention Center RFQ no. 22-11/12. If you have any questions please
feel free to contact my aide Diana Fontani at ext 6087.
MG/df
467
Agenda Item R 9 F
Date Z~~-13
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468
~ MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Kathie Brooks, Interim City Manager
FROM: Jerry Libbin, Commissioner
DATE: January 30, 2013
SUBJECT: Agenda Item for the February 6, 2013 Commission Meeting; A
Discussion/Presentation by Engineers from the Netherlands
Please place on the Commission agenda a discussion with engineers from the
Netherlands who will share insights into the way they manage potential flooding and the
role they have been asked to play in New Orleans, New York and other cities in the U.S.
Please contact my office at ext. 71 06 If you have any questions.
JL/er
We ore commUted lo providing f:'xcellonl pvbh<: wrvic<t ond sofew to o/1 who livo, wotk, and ploy in our vibr.
469
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Date t. --0--13
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R10
CITY ATTORNEY REPORTS
tr:a MIAMI BEACH "'="'
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, WVvW.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. Bank of America, N.A. vs. Juan Pedro Gonzalez et al., Case No. 12-50551 CA
09 (Circuit Court-11 1h Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 6345 Collins
Avenue, Unit 624, Miami Beach, Florida. The Summons and Complaint were
served on the City on January 9, 2013.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on January 9, 2013.
2. Nationstar Mortgage LLC vs. Youssef A. Dekmak et al.. Case No. 13-00585 CA
04 (Circuit Court-11 1h Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 325 Ocean
Drive, Unit 604, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on January 11, 2013.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on January 15, 2013.
3. Angel Baez-Aponte v. City of Miami Beach. David Price. M. Rojo, John Doe
Officer. in their capacity as police officers and individually Case No. 12-CV-
24371 King/McAiliey in the United States District Court Southern District of
Florida
On November 7, 2009, Officers Rojo and Price arrested Plaintiff Baez-Aponte in
the hallway outside his ex-girlfriend's apartment after building security and/or
neighbors called police because he was creating a disturbance trying to get his
ex-girlfriend to grant him access to her (formerly "their") apartment. When
ordered by officers to stand still, he refused; officers then attempted to place him
under arrest, but he refused to allow himself to be handcuffed and a tussle
Agenda Item R 10 A
472 Date 3·C. .. , ?l
City Attorney's Report
February 6, 2013
Page 2
resulted. After Plaintiff was handcuffed, building video shows one of the officers
slap the Plaintiff twice in the face and karate chop his neck while walking him to
the elevator. Plaintiff sued the officers, and unknown additional officer, and the
City on December 12, 2012 (served January 11, 2013) for violations of his state
and federal rights. The City Attorney's Office is vigorously defending this case.
4. JPMorgan Chase Bank. N.A. vs. Marianna Slupinska. et al., Case No. 13-00553
CA 04 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 750 Collins
Avenue, Unit 300, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on January 11, 2013.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on January 16, 2013.
5. U.S. Bank National Association vs. Tumen Akar, et al.. Case No.
502009CA040200XXXXMBAW (Circuit Court -15 1h Judicial Circuit in and for
Palm Beach County, Florida)
This is an action to foreclose a mortgage on real property located at 16336 Mira
Vista Lane, Delray Beach, Florida. The Summons and Verified Amended
Complaint were served on the City on January 14, 2013.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on January 28, 2013.
6. Wells Fargo Bank, N.A. vs. Maria G. Lama. et al.. Case No. 13-00636 CA 08
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 2899 Collins
Avenue, Unit 1625, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on January 18, 2013.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on January 28, 2013.
7. Green Tree Servicing LLC vs. Oscar Rodriguez, et al., Case No. 13-01204 CA
27 (Circuit Court-11th Judicial Circuit in and for Miami-Beach County, Florida)
This is an action to foreclose a mortgage on real property located at 11801 SW
24 Terrace, Miami, Florida. The Summons and Complaint were served on the
City on January 18, 2013.
473
City Attorney's Report
February 6, 2013
Page 3
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on January 28, 2013.
8. U.S. Bank. National Association vs. Mircea Serban, et al., Case No. 13-01176
CA 08 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1935 NE
150 Street, North Miami, Florida. The Summons and Complaint were served on
the City on January 18, 2013.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on January 28, 2013.
9. City of Miami Beach v. 1747 Bay Road Properties, LLC: Appellate Court Special
Master Case No. JB 110000750 (Circuit Court -11th Judicial Circuit in and for
Miami Dade County)
This is an appeal to the Circuit Court, Appellate Division, which was recently filed
by the City from a Special Master case. The genesis of the Special Master case
is a building department violation; work done without permits. The Special
Master erroneously dismissed the case, arguing that the City was required to
serve the registered agent of the corporate entity, notwithstanding the clear
language of Florida Statute Chapter 162 requiring certified mail be sent to the
property owner as listed in the property appraiser's records. However, all notice
requirements of Chapter 162 were met in this case. City Administration was
consulted and authorized the timely filing of the appeal. Case law supports the
City's position regarding Chapter 162. Approximately $140,000 in fines were
dismissed.
1 0. Abelardo So to v. City of Miami Beach, Case No. 13CV20057 -King/McAiiley
*United States District Court for Southern District of Florida)
Plaintiff Soto alleges in his January 8, 2013 complaint (served January 23, 2013)
that on March 26, 2011, that he was arrested by Officers Douglas Simon and
Nicholas Simon because he was videotaping an arrest. He alleges that the
officers searched and arrested him without probable cause and used excessive
force to do so. The City Attorney's Office will vigorously defend this claim.
11.Charles Cisneros vs. Ete G. Triana, et al., Case No. 13-1597 CA 32 (Circuit
Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to quiet title on real property located at 7445 Harding Avenue,
Unit 208, Miami Beach, Florida. The Summons and Complaint were served on
the City on January 23, 2013.
474
City Attorney's Report
February 6, 2013
Page 4
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes will be filed timely.
12.JPMorgan Chase Bank. N.A. vs. Joshua Shemtov. et al., Case No. 12-28838 CA
32 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 7025 Rue
Granville, Miami Beach, Florida. The Summons and First Amended Complaint
were served on the City on January 24, 2013.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes will be filed timely.
JS:SR:RMH:RR:Ir
F:\ATIO\AAOFF\AAOFF\FILE.#S\Status report CAO 020613.docx
475
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower
FROM:
DATE:
SUBJECT:
Members of the City Commission
Interim City Manager Kathie G. B
" February 6, 2013 --"
Closed Attorney-Client Session
Pursuant to §286.011, Florida Statutes, the City Attorney hereby advises the Mayor
and City Commission that he desires advice concerning the following pending
litigation matter:
City of Miami Beach v. 1747 Bay Road Properties, LLC
Appellate Case No.: 13-019 AP
Therefore, a private closed Attorney-Client Session will be held during the lunch
recess of the City Commission meeting on February 6, 2013, in the City Manager's
Large Conference Room, Fourth Floor, City Hall, to discuss settlement negotiations
and/or strategy related to litigation expenditures with regard to the above-referenced
litigation matters.
The following individuals will be in attendance: Mayor Matti Herrera Bower;
Members of the City Commission: Jorge Exposito, Michael Gongora, Jerry Libbin,
Edward Tobin, Deede Weithorn and Jonah Wolfson; Interim City Manager Kathie G.
Brooks, City Attorney Jose Smith, and First Assistant City Attorney Rhonda Montoya
Hasan.
JS/RMH/mmd
F:\A TTO\SMIJ\attorney client sessioni.A.ttorney-Ciient Session City of Miami Beach v. 174 7 Bay Road Properties, LLC.doc
476
Agenda Item RIOB
Date 2.~" ·13
NEW CASES -RMH
13CMB00020-2447 CityofMiami Beach v. 1747 Bay Road Properties, LLC: This is an appeal to
the Circuit Court, Appellate Division, which was recently filed by the City from a Special Master
case. The genesis of the Special Master case is a building department violation; work done without
permits. The Special Master erroneously dismissed the case, arguing that the City was required to
serve the registered agent of the corporate entity, notwithstanding the clear language of Florida
Statute Chapter 162 requiring certified mail be sent to the property owner as listed in the property
appraiser's records. However, all notice requirements of Chapter 162 were met in this case. City
Administration was consulted and authorized the timely filing ofthe appeal. Case law supports the
City's position regarding Chapter 162. Approximately $140,000 in fines were dismissed.
477
REPORTS
AND
INFORMATIONAL ITEMS
-z
"T1
0
-I m s en
1. Reports and Informational Items
(see LTC 027-2013)
479
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480
(9 MIAMIBEACH
OFFICE OF THE CITY MANAGER
NO. LTC# 021-2013
RECF\VFD
2013 JAN 23 PH 3: 51
LFTl:J:: R-IC\) C.E)Air M!L$S 10 N 1~Ti''I"C "t:"i\rY~ tx., ·
To: Mayor Matti Herrera Bower and
Members of the City Commission
From: Kathie G. Brooks /(r/hf-
lnterim City Manager / L ,
Date: January 17, 2013
Subject: List of Projects Covered by the Cone of Silence Ordinance
In an effort to disseminate information to elected officials and City staff relative to
projects that are covered by the requirements of the City's Cone of Silence Ordinance,
following please find a list of all current solicitations (i.e., Invitation for Bids ("Bids"),
Request for Proposals (RFPs), and Request for Qualifications (RFOs), that to date are
covered by said Ordinance. Please note that the Cone of Silence is in effect from the
date the solicitation is advertised as indicated below, through date of award by City
Commission.
Date
Document Advertised
NOmber and Issued Document Title Department
ITB-08-11/12
RFP-14-11/12
ITB-49-11 /2
RFQ-52-11/12
RFP-54-11 /12
8/17/2012 Printing Services
For A Public-Private Development In Miami
Beach On North Lincoln Lane, Between
Alton Road And Meridian Avenue, Including
City-Owned Parking Lot #25 On 171h Street
And Lenox Avenue, Parking Lot #26 On
North Lincoln Lane, Between Lenox Avenue
And Michigan Avenue, And Parking Lot #27
On North Lincoln Lane Between Jefferson
1/17/2012 Avenue And Meridian Avenue
City of Miami Beach Right-Of-Way
Infrastructure Improvement Program -
6/8/2012 Venetian Islands Bid Package 13C
For the Establishment of a Pre~Approved List
of Professional Construction Engineering and
Inspection (CEI) Firms to Provide Various
8/14/2012 CEI Services On "As-Need" Basis
For The Provisions of Credit Card Merchant
Processing Services to The City of Miami
Beach, For Five-Year Period with Five One-
9/12/2012 Year Options
481
Citywide
City Manager's Office
CIP
CIP
Finance
Agenda Item_~~...__ __
Date )-6-13
Date
Document Advertised
Number and Issued Document Title Department
For the Purpose of Conducting and
Documenting a Detailed Facilities
Condition Assessment of Various
Building/Asset Owned by The City of
Miami Beach, and to Top Develop a Public Works
Schedule For Assets and Equipment
Replacement Within the Building to
Include Current and Project Future
RFQ-56-11/12 9/21/2012 Replacement Costs
General Building and Specialty Trades Citywide ITB-66-11112 9/24/2012 Services
RFP-01-2013ME 12/24/2012 For Unarmed Security Guard Services Citywide
For Maintenance and Security Services Public Works RFP-06-2013TC 12/24/2012 (Optional) at the Lincoln Road Mall
For the Design and Installation of Beach CIP ITB-0 15-20 13TC 12/24/2012 Access Gates
RFP-022-20 13ME 12/24/2012 For Call Center Services Citywide
For A Construction Manager At Risk Firm
To Provide Pre-Construction Services
And Construction Phase Services Via A
Guaranteed Maximum Price (Gmp) CIP
Amendment For The Scott Rakow Youth
Center Ice Skating Rink, Mechanical
RFQ-022-2013TC 12/14/2012 Repairs, And Building Renovations
Estimated
Issuance Tourism
ITN-059-2013ME 01/23/2013 MBCC Food and Beverage Services
Estimated
Issuance Sunset Harbour Pump Stations Retrofit CIP
ITB-060-2013TC 01/23/2013 and Drainage Improvements r--For Audit Services For An Audit of The
City's Capital Improvement Projects
Estimated Administered By the City's Capital OBPI
Issuance Improvement Projects Office And Other
RFP-065-2013LR 01/30/2013 City Departments
Estimated
Issuance For Emergency Management OBPI
RFP-065-20 13TC 01/30/2013 Administrati_ye Support Services
Please note that Bids, RFPs, and RFQs are being issued on a daily basis. Therefore, it
is recommended that you or your staff view the list of projects on a regular basis. A
desktop icon, entitled CMB Bids, has been created and installed in all City computers
which will direct you to a current list of all active solicitations.
Should you have any questions, or need additional information, please feel free to
contact me.
C: Executive Staff and Management Team
Q ~GB:POW:A~
\'YJJi.IPURC\$ALL\MONTHL Y REPORTS\CONE LTC\12-13\January thru February 2013 Cone LTC.docx
482