20140723 AM1MIAMIBEACH
City Commission Meeting
ADDENDUM MATERIAL 1
Gity Hall, Commission Ghambers, 3rd Floor, 1700 Convention Center Drive
July 23,2014
Mayor Philip Levine
Vice-Mayor Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy Morales
City Attorney Raul Aguila
City Clerk Rafael E. Granado
Visif us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk priorto engaging in any lobbying activitywith 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.
ADDENDUM AGENDA
C4 - Commission Committee Assiqnments
C4Q Referral To The Finance And Citywide Projects Committee - Discuss Congestion Parking
Rates.
(Requested by Commissioner Edward L. Tobin)
C4R Referral To Land Use And Development Committee - Discuss Approval Of A Vehicular Bridge
Over 44st Street (Between Collins Avenue And lndian Creek Drive) Connecting The
Fontainebleau HotelWith A Proposed Parking Garage.
(Requested by Commissioner Deede Weithorn)
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Addendum, July 23,2014
R7 - Resolutions
RTBB A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Employment
Agreement Between The City Of Miami Beach And City Attorney Raul J. Aguila, With The City
Attorney's Office Term Of Employment Having Been Deemed To Commence Retroactively, As Of His
Appointment Date On May 16,2014.
(City Attorney's Office)
RTDD A Resolution Urging The U.S. Army Corps Of Engineers And The Great Lakes And Dock Company
To Take All NecessaryActions To Limit The lmpacts Of The Port Of Miami Deep Dredge Project On
Local Natural Resources By Meeting And, Where Possible, Exceeding The Conditions Of Their
Florida Department Of Environmental Protection Environmental Resources PermitAnd To Adhere To
The Best Management Practices For Construction, Dredge And Fill And Other Activities Adjacent To
Coral Reefs.
(Requested by Mayor Philip Levine)
( Leg islative Tracki ng : City Attorney's Office/Envi ronmental )
R9 - New Business and Commission Requests
RgV Discussion Regarding Terminating Holiday Decorations Contract - ITB No. 179-2013-SW And lssue
New ITB Or RFP For lnstallation, Removal, And Maintenance Of Holiday Decorations.
(Requested by Commissioner Jonah Wolfson)
RgW Discussion Regarding Status Of Lincoln Road RFQ.
(Requested by Commissioner Edward L. Tobin)
RgX Discussion Regarding The Collins Canal/Dade Boulevard Bike Path Project.
(Requested by Commissioner Edward L. Tobin)
RgY Discussion
Motion.
On The Marine And Water Front Authority's Sunset Harbor Cruising Vessel Dockage
(Requested by Commissioner Joy Malakoff)
2
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: July 1 sth,2014
SUBJECT: Agenda item for July 23'd ,2014 City Commission Meeting
Please place on the July 23'd, 2014 City Commission Meeting agenda a referral
to Finance/Citywide Projects Committee to discuss congestion parking rates.
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
Agenda ltem CV A ,
Date 743-lY3
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g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Jimmy L. Moroles, City Monoger
Deede Weithorn, Commissioner
July 18,2014
Referrol to Lond Use - 44th Street Bridge
MEMORANDUM
A Referrol to Lond Use to discuss opprovol of o vehiculor bridge over 44st Street
(between Collins Avenue ond lndion Creek Drive) connecting the Fontoinebleou Hotel
with o proposed porking goroge.
lf you hove ony questions pleose contoct Louren Corro of extension 6528 or
Lou renCorro@m io m ibeochfl. gov.
We ore commitled to providing excellent public service ond sofely to oll who live, work, ond play in our vibronf , tropicol, historic conmunifl
Agenda nem CVR
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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 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND GIry ATTORNEY RAUL J. AGUILA, WITH
THE CITY ATTORNEY'S TERM OF EMPLOYMENT HAVING
BEEN DEEMED TO COMMENCE RETROACTIVELY, AS OF
HIS APPOINTMENT DATE ON MAY 16,2014.
WHEREAS, on April 9, 2014, pursuant to Resolution No. 2014-28540, the Mayor and
Commission appointed Raul J. Aguila as City Attorney of the City of Miami Beach (City) to be
effective on May 16,2014; and
WHEREAS, it is the desire of the City to provide certain benefits and to establish certain
conditions of employment for Raul J. Aguila in his capacity as City Attorney; and
WHEREAS, Raul J. Aguila desires to accept the position of City Attorney pursuant to the
terms and conditions set forth in the attached Employment Agreement, the terms of which the
parties agree will promote his continuous productivity and efficiency in the best interest of the
City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute an Employment
Agreement between the City of Miami Beach and City Attorney Raul J. Aguila, with the City
Attorney's term of employment having been deemed to commence retroactively, as of his
appointment date of May 16,2014.
PASSED and ADOPTED this _ day of 2014.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
F:\ATTO\AGUR\RESOS-ORD\RauI Aguila - Resolution Approving Employment Contract (7-17-1S).do6APPROVED AS TQ -FORM & LANGUAGE
& FOR EXECUTION
Agenda:,^iWW&rff W7
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (the "Agreement") is entered into this
day of July,2014, by and between RAUL J. AGUILA ("Employee") and the CITY OF MIAMI
BEACH, FLORIDA (the "City'') (collectively, the "Parties").
WHEREAS, on April 9, 2014, the City Commission unanimously adopted Resolution
No. 2014-28540, appointing Raul J. Aguila ("Employee") to the position of City Attomey of the
City of Miami Beach, Florida, effective May 16, 2014; and
WHEREAS, the City, acting by and through its City Commission, desires to employ
Employee as its City Attorney on the terms and conditions set forth in this Agreement, and
Employee desires to accept employment as City Attorney on those same terms and conditions;
NOW THEREFORE, the Parties agree as follows:
1. Recitations. The Parties agreethat the recitations above are true and correct and
are incorporated as if fully set forth here.
2. Employment. The City agrees to employ Employee as its City Attorney and
Employee agrees to be so employed. Employee will perform the duties of the office of City
Attorney as set forth in the Charter and Code of the City of Miami Beach, Florida, as well as all
such other duties customary and appropriate to the position of City Attomey. Employee will
devote his full working time to his duties as City Attorney and will not accept or perform any
other employment, paid or unpaid, while he is employed as City Attorney, except as expressly
set forth herein or expressly agreed to by the City Commission. However, nothing in this
Agreement shall prohibit Employee from other occasional work, such as teaching, writing,
community activities, pro bono work, or civic or charitable activities; provided, however, that
such work shall not interfere with Employee's duties as City Attomey
3. Employment At Will. Employee is employed at will and serves at the pleasure of
the City Commission. This Agreement and his employment may be terminated by the City
Commission at any time, with or without cause, subject to the termination provisions of this
Agreement.
4. Effective Date: Term. Upon approval by the City Commission and execution by
the Parties, this Agreement shall be deemed to have commenced retroactively as of May 16,
2014 (the "Effective Date"). The Agreement shall have an initial term of three (3) years,
commencing on the Effective Date, and expiring at midnight,May 15,2077, unless terminated
earlier, or renewed, as set forth herein.
5. Compensation. Employee shall receive the compensation set forth in this Section
5 for performing the duties of City Attorney. Nothing other than those items set forth in this
Section 5 shall be considered or treated as compensation, wages, salary, earnings, or
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remuneration to Employee for any purpose whatsoever, including pension; or for purposes of
Section 448.08, Florida Statutes; or for purposes of arbitration under Section 17 hereof.
a. Salar-v. The City shall pay Employee arl annual base salary of
$256,000.00. This salary shall be paid bi-weekly according to the usual payroll practices
of the City applicable to unclassified general employees.
b. Insurance. The City will pay the full amount of premiums for the City-
offered group medical and group dental plan selected by Employee. The City will pay
the full amount of premiums for the City-offered life insurance policy on Employee.
c. Leave. Employee will be eligible to accrue, use, and convert leave hours
to the extent and on the terms applicable to unclassified general employees.
d. Pension. Employee shall continue as a member of the Miami Beach
Employees Retirement Plan pursuant to the governing ordinance of the Plan (which
Plan, at the time of the Effective Date of this Agreement, includes an accrual factor of 4
percent for the position of City Attorney).
6. Non-Comoensation Expenses and Reimbursements. The City will pay for,
reimburse, or otherwise provide for the items set forth in this Section 6. These items are paid
for, reimbursed, or otherwise provided because they inure to the benefit of the City, and do not
constitute compensation, wages, salary, earnings, or remuneration to Employee for any purpose
whatsoever, including pension; or for purposes of Section 448.08, Florida Statutes; or for
purposes ofarbitration under Section 17 hereof.
a. Vehicle. The City will pay to Employee a vehicle allowance, in the
amount of $6,000.00 annually, paid in proportionate bi-weekly installments, to reimburse
Employee for the use of his personal vehicle for the benefit of the City.
b. Lrformation and Communications Technology Expenses. The City will
provide to Employee adequate and reasonable information and communications
hardware, software, and services to support Employee in the performance of his duties as
City Attorney.
c. Subscriptions. Memberships. and Fees. Employee may include, as an
expense item in the budget of the Office of the City Attorney, an amount to be used to
pay for such reasonable subscriptions, memberships, and fees and other similar costs,
such as travel and lodging, as may be incurred for development and advancement related
to, in support oi and inuring to, the benefit of the City. No payment authorized
hereunder may be made to an entity that illegally discriminates on the basis of race, color,
gender, religion, national origin, age, disability, marital status, or sexual orientation.
7. Annual Performance Evaluation.
An annual performance evaluation, including salary and benefits review (the
"Evaluation"), of Employee will be made by the City Commission at least once every year,
within 30 days after May 16th of each year. At such time, the City Commission shall review the
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annual salary and"/or benefits of Employee, and shall make adjustments in such amounts and to
such extent as the City Commission, may determine that it is desirable to do so. Additionally, at
such time, the Mayor shall provide Employee with a written sunmary of the findings of the City
Commission and provide an adequate opportunity for Employee to discuss the Evaluation with
the City Commission.
8. Renewal blr City. The City Commission may renew, or extend, the term of this
Agreement by Resolution, on the same terms and conditions as set forth in this Agreement, or on
such modified terms and conditions to which the City Commission and Employee may mutually
agree upon. Should the City Commission not renew (or extend) the Agreement, then the
Agreement shall expire at the end of the initial, or any succeeding, term then in effect, and
Employee's employrnent shall simultaneously end upon the expiration of such initial, or
succeeding, term.
ln the event that the City Commission determines not to renew (or extend) this
Agreement, it will give Employee written notice of its intent not to renew (or extend); which
notice shall be given to Employee at least ninety (90) days prior to the expiration of the initial, or
any succeeding, term. If no such notice, or untimely notice, is given, then the City shall, upon
the end of the initial, or any succeeding, term, pay Employee an amount equivalent to 12 weeks
of the salary amount set forth in Section 5 (the "separation Pa5rment"), in addition to all
payments due for work performed through the date of termination and other payrnents due, if
any, upon termination, on the same terms and conditions applicable to unclassified general
employees. Upon payment of the Separation Payrnent and other payments due under the
preceding sentence, the City shall have no further liability to Employee whatsoever.
9. Termination by Citlr. The City Commission may terminate this Agreement (and
thereby Employee's employment) at any time, without or without notice, and with or without
cause, upon ninety (90) days prior written notice to Employee.
In the event of termination pursuant to this Section 9, the City shall pay Employee iur
amount equivalent to 20 weeks of the salary amount set forth in Section 5.a (the "severance
Pa5rment"), in addition to all payments due for work performed through the date of termination
and other payments due, if any, upon termination, on the same terms and conditions applicable to
unclassified general employees. Upon payment of the Severance Pa)rment and other payments
due under the preceding sentence, the City shall have no further liability to Employee
whatsoever.
If, at any time during the term of this Agreement, the City: (i) reduces the Compensation
in Section 5 (including, without limitation, the salary set forth in 5.a) , or other financial benefits
of Employee (including those set forth in Section 6), in a greater percentage than an applicable
across the board reduction for all unclassified employees of the City; or (ii) refuses, after written
notice, to comply with any other provision of this Agreement benefitting Employee; or (iii)
through a majority of the entire City Commission, in a public meeting, requests that Employee
resign, then Employee may, at his option, deem this Agreement to be terminated by the City,
within the meaning and context of this Section 9 and, accordingly, Employee shall be entitled to
the Severance Payment, in addition to all payrnents due for work performed through the date of
termination, and other payments due, if any, upon termination, on the same terms and conditions
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applicable to unclassified general employees. Upon payment of the Severance Payrnent and
other payments due under the preceding sentence, the City shall have no further liability to
Employee.
10. Termination by Emplolzee.
Employee may terminate this Agreement upon 90 days prior written notice to the City.
In the event of such termination, the City shall pay Employee any payments due for work
performed through the date of termination, and other payments due, if any, upon termination, on
the same terms and conditions applicable to unclassified general employees. Upon such
payment(s), the City shall have no further liability to Employee whatsoever.
11. Bonds. The City shall bear the full expense of any fidelity or other bond required
of Employee, in his capacity as City Attorney, under any statute, ordinance, or regulation.
12. Indemnification. The City shall indemnify and defend Employee or, at its option,
provide a defense to Employee, against claims arising out of and in the course and scope of his
employment or function, consistent with and to the extent of Florida law under Chapter 111,
Florida Statutes, and a public official's right to a defense against claims arising from their
performance of their public duties performed while serving a public purpose under the common
law of Florida.
13. Notice. Any notice hereunder shall be effective if made by delivery, postage paid,
to the United States Postal Service or by a manner valid for personal service under the Florida
Rules of Civil Procedure or by public statement on the record during a meeting of the City
Commission in the presence of the party to whom notice is to be given. Notice, for purposes of
this Agreement, is to be given to:
City:Mayor
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
and
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Employee: Raul J. Aguila
P.O. Box 190734
Miami Beach, Florida 33119
14. No Assisrment or Delesation: No Third-Party Beneficiaries. The services
provided by Employee are considered unique and personal to him. Accordingly, Employee may
not delegate or assign any duty, obligation, or benefit attaching or accruing hereunder. This
Agreement is entered into and intended for the benefit solely of the City and of Employee and
not for the benefit of any other person or entity.
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15. Entire Agreement. Severabilitlr. Modification. Waiver. The provisions of this
Agreement constitute the entire agreement between the Parties on its subject matter and this
Agreement supersedes any other agreement, understanding, representation, or promise
whatsoever. Employee agrees that he has relied solely upon the express language of this
Agreement in determining whether to enter into this Agreement and not upon any other
understanding or communication of any kind, whether written or oral. Should a court or
arbitrator of competent jurisdiction determine that any provision or portion thereof of this
Agreement is illegal, invalid, or unenforceable, the remaining provisions or portions thereof shall
remain in full force and effect. This Agreement may be modified only by a writing signed by
both Parties and approved by the City Commission by Resolution. Waiver of any right or of any
breach of this Agreement by either party in any instance or instances shall not constitute or be
construed as a waiver in any other instance.
16. Construction. Governine Law. Headines. This Agreement shall be construed
according to its express language and not strictly for or against either Purty, regardless of
authorship. This Agreement shall be govemed by and according to the laws of the State of
Florida. Section headings are for convenience only and shall have no legal effect.
17. Arbitration. The Parties agtee that any claim or dispute arising from this
Agreement, its interpretation, its renewal, or its breach, shall be settled in final and binding
arbitration by a single arbitrator under the Arbitration Policies and Procedures of the Federal
Mediation and Conciliation Service. A panel of arbitrators may be requested by either Party and
the Parties will select an arbitrator by alternative strikes. The first Party to strike will be
determined by agreement or coin flip. Each Party may one time reject a proposed panel of
arbitrators and request another. The Party requesting any panel shall bear the expense of the
request. The Parties shall bear equally the expense of the arbitrator and the location of the
arbitration hearing, which shall be in Miami-Dade County, Florida. The Parties shall each bear
their own costs, including attorney's fees, court reporter fees, and witness fees, if any. The
arbitrator shall apply a preponderance of the evidence standard of proof. The Party asserting a
claim or affirmative defense shall have the burden of persuasion as to that claim or affirmative
defense. The arbitrator shall not have authority to make any award of attorney's fees or the costs
of the arbitration. The arbitrator shall confine himself or herself strictly to the language of this
Agreement and shall have no authority to add to, subtract from, or modify any term or provision
of this Agreement. The arbitrator shall have no authority to construe any law, regulation, rule,
principle of law, decision, or provision or provisions of this Agreement, or to make any award
that would result in or obligate the City, directly or indirectly, to incur any debt, cost, expense, or
liability in excess of the amount initially budgeted, approved, and appropriated for the funding of
this Agreement. Any such purported construction or award will be null and void. The
arbitrator's award shall be subject to enforcement or vacation by the Circuit Court according to
law. Moreover, and without waiving the preceding limitation, in no case shall the either Party be
liable for any punitive, consequential, indirect, or incidental damages whatsoever.
18. Counterparts. Electronic Sienatures. This Agreement may be executed in one or
more counterparts, each of which shall be deemed an original and all of which together shall
constitute a single instrument. Execution and delivery of this Agreement by electronic exchange
bearing the copies of a Party's signature shall constitute a valid and binding execution and
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delivery of this Agreement by such Party. Such electronic copies shall constitute enforceable
original documents.
WHEREFORE, the Parties, after full consideration, including consultation with
independent counsel, do knowingly, voluntarily, and intending to be legally bound, hereby enter
into this Agreement duly executed on the dates written below.
Attest:FOR CITY:
Rafael E. Granado, City Clerk Philip Levine, Mayor
day of _,2014.
FOR EMPLOYEE:
Witness Signature Raul J. Aguila,
day of 2014.
Print Name
Wibress Signature
Print Name
F:\ATTO\AGUR\AGREEMENT\RauI Aguila Ernployment Contract ('7 -17 -1 4).docx
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
? ltz/tt
Dote
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&
o*,
RAUL J.
OF IHE CITY ATTORNEY
AGUILA CITY ATTORNEY COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER J!MMY MORALES
crryArroRNEy RAUL.r. rcurrryfr{ A, [-
July 23,2014
A RESOLUTION OF THE MAYOR AND CITY COMMTSSION OF THE
CITY OF MIAMI BEACH, FLORIDA, URGING THE U.S. ARMY
CORPS OF ENGINEERS AND THE GREAT LAKES AND DOCK
COMPANY TO TAKE ALL NECESSARY ACTIONS TO LIMIT THE
IMPACTS OF THE PORT OF MIAMI DEEP DREDGE PROJECT ON
LOCAL NATURAL RESOURCES BY MEETING AND, WHERE
POSSIBLE, EXCEEDING THE CONDITIONS OF THEIR FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
ENVIRONMENTAL RESOURCES PERMIT AND TO ADHERE TO THE
BEST MANAGEMENT PRACTICES FOR CONSTRUCTION, DREDGE
AND FILL AND OTHER ACTIVITIES ADJACENT TO CORAL REEFS.
Pursuant to the request of Mayor Philip Levine, the attached Resolution is submitted for
consideration by the City Commission.
RJA/DT/da
Agenda ttem P7 DD
F:\ATTO\TURN\COMMMEMO\PorI of Miami Deep Dredge Project Reso
Date ?-23-lq15
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, URGING THE U.S. ARMY
CORPS OF ENGINEERS AND THE GREAT LAKES AND DOCK
COMPANY TO TAKE ALL NECESSARY ACTIONS TO LIMIT THE
IMPACTS OF THE PORT OF MIAMI DEEP DREDGE PROJECT ON
LOCAL NATURAL RESOURCES BY MEETING AND, WHERE
POSSIBLE, EXGEEDING THE CONDITIONS OF THEIR FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
ENVIRONMENTAL RESOURCES PERMIT AND TO ADHERE TO
THE BEST MANAGEMENT PRACTICES FOR CONSTRUCTION,
DREDGE AND FILL AND OTHER ACTIVITIES ADJACENT TO
CORAL REEFS.
WHEREAS, the City of Miami Beach ("City") -is recognized as a world-class
destination whose tourism-based economy is highly dependent on its natural resources;
and
WHEREAS, the City's natural resources, including our beaches, are a significant
source of revenue for the state and the local economy, as more than 7 million people
visit Miami Beach each year; and
WHEREAS, the City's geographic location and low-lying topography make it
inherently vulnerable to storm surge and other climate change impacts; and
WHEREAS, these natural resources, specifically offshore coral reefs, help to
attenuate wave action, to reduce beach erosion rates, and to maintain wide beaches;
and
WHEREAS, the offshore coral reef tract also acts as the City's first line of
defense against hurricanes and storm surge; and
WHEREAS, natural resources, such as seagrass and coral reefs, provide habitat
for marine species that draw boaters and divers, as well as support the commercial and
recreational fishing industries; and
WHEREAS, the Port of Miami shipping channels are within or adjacent to the
Biscayne Bay Aquatic Preserve (an Outstanding Florida Water) and the Bill Sadowski
Critical Wildlife Area; and
WHEREAS, this area has been designated as an Essential Manatee Habitat by
Miami-Dade County and an Essential Fish Habitat - Habitat of Particular Concern by the
South Atlantic Fishery Management Council; and
WHEREAS, over one dozen threatened, endangered, or protected marine
species are known to inhabit or migrate through the proposed dredge work area
including: Acopora ceruicornis (staghorn coral); Johnson's seagrass; Green,
Leatherback, and Loggerhead Sea Turtles; West lndian Manatees; and various marine
mammals including lurslops truncates (bottlenose dolphin) and Globicephala
macrorhynchus ( short-finned pilot whales); and
16
WHEREAS, it is in the City's best interest to protect the natural resources and
marine habitats that are adjacent to its shores; and
WHEREAS, the scope of work for the Port of Miami Deep Dredge Project has the
potential to stress or damage these natural resources by increasing turbidity in the water
column, leading to sediment accumulation to seagrass and coral stress due to
sedimentation, and to cause other direct and indirect impacts; and
WHEREAS, the U.S. Army Corps of Engineers and the Great Lakes and Dock
Company can limit these impacts to local natural resources by adhering to the Best
Management Practices and other conditions required by the Florida Department of
Environmental Resources Permit and exceeding the conditions, where possible.
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 urge the U.S. Army Corps of Engineers and the Great Lakes and
Dock Company to take all necessary actions to limit the impacts of the Port of Miami
Deep Dredge Project on local natural resources by meeting and, where possible,
exceeding the conditions of their Florida Department of Environmental Protection
Environmental Resources Permit and to adhere to the Best Management Practices for
Construction, Dredge and Fill and Other Activities Adjacent to Coral Reefs.
PASSED and ADOPTED this day of
ATTEST:
Rafael E. Granado, City Clerk
2014.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
t[ts{ i.
DoteCity AltornEy
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g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dote: July 1 7, 2014
Re: Commission Agends ltem
Pleose ploce on the luly 23,2014, Commission Agendo the following item:
Terminote Holidqy Decorotions Conlroct - ITB No. 179-2O13-SW qnd
issue new ITB or RFP for insiollorion, removol, ond mointenonce of
holidoy decorolions
Pleose feel free to contoct my Aide, Brett Cummins ot x6437, if you hove ony
questions.
JW
We ore commilled to providing excellent public service ond solely to oll who live, work, ond ploy in our vibronf , froptcol, htst'oric ccmnunify.
Asendart"rn fQV
oate 1474419
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g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: July 1sth,2014
SUBJECT: Agenda item for July 23'd ,2014 City Commission Meeting
Please place on the July 23'd, 2014 City Commission Meeting agenda a
discussion regarding status of Lincoln Road RFP.
lf you have any questions please do not hesitate to call our otfice.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
Agenda ttem R? Vl
Date-T:'TW21
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g MIAMI BEACH
OFFICE OT THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: July 151h,2014
SUBJECT: Agenda item for July 23'd ,2014 City Commission Meeting
Please place on the July 23'd, 2014 City Comrnission Meeting agenda a
discussion regarding the Collins Canal/ Dade Boulevard Bike Path Project.
Attached please find corresponding emails and information.
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
Agenda ltem frq trDate@T23
Kane" Dessiree
From:
Sent:
To:
Cc:
Subject:
Categories:
Mooney, Thomas
Monday, July 07, 2014 6:06 PM
'sheryl gold'
Taxis, Mark; Brooks, Kathie; Tobin, Ed; Grieco, Michael; Jimenez, Joe; Carpenter, Eric;
Gonzalez, Jose
RE: Status of Dade Vlvd. Bike Path
MCL:City Manager ECL
Hi Sheryl
The Planning Boand requested a bnief update on the status of the bike path construction. No
formal presentation w111 be made to the Planning Board.
My understanding from the Public hlorks Department is that the current asphalt will be
replaced with porous concnete. The landscaping portion of the project is scheduled to go outto bid in the next few months and be completed by spning 2015.
Planning is not involved in the construction of the bike path, so I would continue your
dialogue with the PubLic Works and Transportation Departrnents.
Tom
--- --Original Message-----
From: sheryl gold [mailto:she.rsoldcorilAemai].coml
Sent: Thursday, JuIy 03, 2OL4 3:42 PM
To: Mooney, Thomas
Cc: Taxis, Mark; Brooks, Kathie; Tobin, Ed; Grieco, Michael
Subject: Status of Dade Vlvd. Bike Path
Tom,
Please advise who placed this item on the Planning Board Agenda for 3u1y 22 and who will be
pnesenting from the City.
lde continue to have a numben of serj.ous concerns about this project, not the least of whichis the absence of any landscaping for a large section and the loss of the buffer (against
noise and CO2 emissions) for the Palm View Historic residential neighborhood. At present,
there are two departments involved, Public Works and Transportation, irrith whom tate have been
communicating. It would be helpful to know Planning's role in the matter, othen than its
oniginal recommendation for the project and HPB's approval which resulted in the massive
destnuction of vegetation, loss of the water view, installation of an unsightly crash wa11,
the excessive size and number of bollard light fixtures, and the lack of shade; p1us, the
questionable safety of the path itself.
Thank you,
Shenyl Gold
GTAG Greenspace/Tree Advocacy Group
24
Kane. Dessiree
From: sherylgold [shergoldcom@gmail.com]Sent Wednesday, June 25, 2014 9:06 PM
To: Carpenter, Eric
Cc: Taxis, Mark; Morales, Jimmy; Brooks, Kathie;Gonzalez, Jose; Mowry, Bruce; Levine, Philip;
Tobin, Ed; Grieco, Michael; Malakoff, Joy;Weithorn, Deede;Steinberg, Micky; Miranda, Alex;
Dessiree KaneSubject: Dade Blvd. Bike Path - Miami Heratd
Attathments: Fwd_ Mangrove Planting in Collins Canal.rtf; position paper - GTAG.doc; Publix - Draft #
3.doc; Re_ Landscape Plan for Cotlins Canal.rtf
June 25,2014
To: Eric Carpenter, Director, Public Works
Fromi Sheryl Gold, GTAG Greenspace/Tree Advocacy Grolp
Re: Dade Blvd. Bike Palh - Miami Herald
CC: Mark Taxis, Jimmy Morales, Kathie Brooks, Bruce Mowry, Philip Levine, Ed Tobin, Michael Grieco, Joy Malakoff, Mlcky Steinberg,
Deede weithom, Alex Mlranda, Dessiree Kane
Eric.
I was astounded to read the attaohed Miami Herald article on the Coilins Canal project, particularly Bruce Mowry's cornment there is'not much work to do.' lt conveyed a
misimpression ol what has transpired over the lasl four years of intense community and commission involvement and ouuined a very disappointing plan bythe new
administration. This plagued pojLct has a long and complicated history that you and the adminislration are well aware of (see attached e mail dated May 25, 2013)-
For years, GrAG has sleadfastty adyocated for a progressive watelway project inCluding a safe biking System, Shade tree Canopy
and habitat restoration;
with the support of Commissioner Tobin who has doggedly pursued a better solution. whireu/e
appreciate lhat staff ii finally preparing to re commence work, we're incredulous that after extensive aesearch, countless meetings with city and county staff and elected
represenratives,votuminousconespondence,andpresenrationsWith COmpfghgnSivg sOlutiOnS"..the City haS ChOSen tO
ignore multiple serious problems, whose solutions go well beyond replacing the temporary
surface in one section and planting a few trees and shrubs in other sections.
We have asked lhe city repeatedly to act on the fdlowing GTAG proposals:
1) A solution for lhe 650 {t. sect on where there is zero space for any plantings, i.e. schedule a follow up meetlng wilh Publix to re open discussions.
NOTE: The temporary asphalt was installed in one section to altow time to solve fie problem of zero space for landscaping along 650 linear ft. (t'/i/o football fields) abutting
the Palm View Historia District. We recomrnended removing the left tum lane into Publix and creating space Jor a planting area to replace trees and reinstate a buffer to the
historic neighborhood (an lmpact Traffic Study was pr.p...i by Atkin" , Oct, 4, ?A12). Unfo(unately, our proposal to remove the lane aM reconfigure lhe interseciion at Dade
and Michtgan into a roundabout (bolh supported by the county) was put on hold, awaiting the ofiginal design for the renovatlon of the convention center
2) lmptement the plan to mitigate mangroves in the canal. There is no benefit to Miami Beach when mitigalion takes place in the FPL Mangrove Miligaiion Farm ln the
Everglades. Follow up with ERM is required. Also, ascertain if money was paid inlo the Fund.
NOTE: The innovative mangrove miligation plan conceived by GTAG and developed in collaboration with the clty and and its consultant Ki* Loftgren d Ocean Consulting,
with input from Gery Mitano, formerly wilh DERM, has been dormant {or wetl over a year. Periodic inquiries to staff about its status have gone unanswered.
3) Eliminate the safety risk of the path by curing serious connectivity problems.
NOTE: This was raised at the original Bike Master Plan workshops two years ago; and, again, at a recent
meeting with you, Kathie Brooks, Jose Gonzal ez,Bruce Mowry, Tony Garcia of Steeetplans, and CIP, where it
was confirmed that all pending projects would be identified as high priority, in order to reconcile than with the
current Bike Master Plan review and revision BEFORE their implementation. The Dade Blvd. bike path is one
such project.
It is a fact that the Collins Canal seawall restoration/bike and pedestrian palh is the most environmentally destruc{ive public project ever undertaken by the City. Over 400
protected mangrove tree$ were destroyed, all the upland landscaping (approximately 31 ,000 linear fi) was removed and over 71,000 linear ft was promised as replacement (a
iotal misrepresintatian since it was never a possibiiity). The upland landscaping was halted because there is not enough space to implemenl the plan that lhe city ask€d
GTAG to develop. tn addition, the excessive numbei and size ol bollard lights ( that are not necessary with the large overhead street lamps) turther resficted the already
compromised planting area.
only or bike onlypath from Altou to Meridian; tadueing the width and re gaining space for shade trees.
25
We urge vou not to b€ satisfied with pufting lipstick on a pig. After waiting this long, lt doesn't make sense to re commenc eworkif SLlbStAntiVe impfOvements
can be forthcoming in the near fi;ture. Think boldly. Afterall, this is an important gateway to the city and to the
new convention center .-- it desen es a far better outcome than what is presently planned.
Attached are e mails (two ot the countless exchanged with staff over the years) plus GTAG'S original position paper and publix proposal.
Sheryl Gold
GTAG Greenspace/Tree Advocacy Group
4106t19t418
26
From: sheryl gold <sgoldcom@me.com>
Date: May 25, 2A13 8:30:43 AM EDT
To : Eric Ca rpente r < EricCarpe nter@ m ia mi beachfl. gov>
Cc : Jimmy Morales <J immymorales@miamibeachfl.gov>, Barry Mil ler
<barry@savinomiller.corn), gary hunt <vanhunt@att.net>, Gary Milano
<biscayn@gmail.com>, Ed Tobin <Ed@miamibeachfl.gov>, Dessiree Kane
<dessireekane@gmail.com>, Jerry Libbin <JerryLibbin@miamibeachfl.gov>, Enid
Rod rig uez <E n id Rod riguez@ m ia m i bea chfl.gov>, Jo rge Exposito
<JorgeExposito@ m ia mibea chfl . gov>
Subject: Fwd: Mangrove Planting in Collins Canal
Dear Mr. Carpenter,
Congratulations on your recent appointment! We're looking fonvard to working with you
on opportunities to make green infrastructure a priority in our city.
GTAG initiated the proposal to mitigate, on site, some of the over 400 mangrove trees
(atl three species) that were destroyed as a result of the Collins Canal project. The loss
of the mangroves, along with all upland vegetation, resulted in the most environmentally
destructive project ever undertaken by the city. GTAG introduced the city to Gary
Milano, who at the time, was the DERM Mangrove specialist. He's now retired and is
still willing to assist us. The city then hired a consultant to design a mitigation plan.
Presently, there are three GTAG recommendations on the table, to improve the canal
project:
1. Replace as many mangroves in the canal as practical; unfortunately, the vast
majority are planned to be mitigated in the FPL Mitigation Farm in the Evergtades,
which does
nothing to repair our city's environment. Thls is because of the existence of
Johnson sea grass in the canal.
2. Eliminate the left turn lane into Publix to create the space needed for planting in
1,200 ft. section where no vegetation is presently possible.
3. The nativelshade upland landscape plan that was designed by GTAG (in response
to repeated requests by Public Works), that has now been rendered undoable because
Public Works gave us a plan to work from that did not indicate the bollard fixtures
that have now been installed all along the canal. This was an oversight of epic
proportions and someone must be held accountable. Now we have
been advised by Public Works that the plan is atg}% when no one from PW
communicated with our group since we so
generously provided the plan, pro bono, to the Public Works Department last
year. lf I had not written to Public Works about our shock at seeing the bollards, we
would have never
heard another word about the landscape plan unti] it was implemented. To be
27
honest, I cannot say if this is due to incompetence, lack of transparency, obstruction or
deception. We have experienced all of these during our dealings with Public
Works on the canal project. Despite misinformation contained in a Letter to
Commission dated
April 1 ,2013 and an article in MB Magazine, Parks and Rec did not "coordinate"
or "collaborate" with GTAG on this plan. We have never had a meeting or any
discussions
with Parks and Rec. Our sole contact on this project, from the beginning, has
been Public Works.
We believe it is absolutely necessary that senior staff now engage in getting this
project right.... beginning with this discussion with ERM. Unless the county sees that
the administration
and our elected representatives are committed to fixing this "flawed" project, nothing will
be achieved, despite GTAG's thousands of hours devoted to this over the past three
years.
We are requesting that you participate in this meeting. Secondly, we are asking for the
upland landscape plan to be stopped inrmediately and a meeting called to address the
serious problems connected with its implementation.
Sincerely,
Sheryl Gold
GTAG Greenspace/Tree Advocacy G roup
Fromr Diaz, Hermes [mallto:HermesDiaz@miamibeachfl .gov]
Sentr Tuesday, May 2L,2013 2:L7 Pltl
Tol Hopps, Christine (RER)
Subject: Mangrove Planting
Hi Chrissy;
The City of Miami Beach and a group of concerned residents would
like to schedule a meeting with your office within the next 2 weeks,
preferably in the afternoon to discuss the mangrove planting over the
Collins Canal. lf you could please give us a couple of dates where you
are available to make sure we can get everyone can attend.
Sincerely;
n*iAMtffim&*H
Hermes Diaz, P.E., Civil Engineer lll
28
COLLINS CANAL SHORELINE RESTOR,ATION PROJECT
Position Paper prepared by GTAG Greenspace Tree Advocacy Group of MB
Project Description:
Rebuilding the. north sea wall along Dade Boulevard, from the 17th Street bridge to
Convention Center Drive, reptacing the present wall with poured concrete; constructed
from the road side (land), not water, since the canal is too shallow. lmplementation of a
new 8 ft. wide bike/pedestrian path, separated from the canal by a banier. The project
will necessitate the removal of all trees cunently growing at the location.
Greenspace impact: Hundreds of protected mangrove trees (red, black, white) will be
destroyed. Replacement landscape will consist of trees of varying species, however,
none of the new trees are equal in ecological value to the mangroves which are the
predominant tree that will be destroyed. Another consequence of installing the I ft wide
bike path within a 9 ft. wide area between the new sea wall and Dade Boulevard, will be
a space of three football fields in length between trees, including 650 linear ft without
landscaping, fronting the Palm View Historic District.
WHAT SHOULD HAVE BEEN?
lf the city supports enlisting world class architects to design parking garages, a concert
hall and a library, why would the city accept less when developing a project involving a
historic watenrvay created by its founding father.
We have a once in a lifetime opportunity to create an extraordinary public project,....
a balanced, progressive project that consists of
- inspired structural restoration
- opportunities for safe biking and walking, AND
- an ecologically responsible enhancement of the unique mangrove and upland
environment
This could have been accomplished through the use of rip-rap (rows of boulders)
deposited along the base of the new sea wall to above water level at high tide and
extending out 6 ft into the canal. This approach would provide a base to mitigate on site
the hundreds of mangrove trees that will be lost; rathe!'than mitigating them
somewhere in South Dade. This plan would have allowed the new mangrove trees to
be in the tidalflushing zone and provide all the environmental benefits that makes them
a valuable species that have a special protected status, such as
- cleansing the water
- providing protection for young fish
- providing habitat for birds
29
While there are three species presently growing, it is the red mangroves, especially,
that are host to crustaceans, crabs and provide hiding spots for young fish. The
enhanced canal could have been a nature trailfor kayaks, zodiacs and canoes. This
could have been an ecologicaljewel.
lnstead, the project will consist of a sterile concrete sea wali, with a Jersey barrier atop,
an 8 ft. bike path which restricts to 12 inches the area for planting along much of the
project length. lt will result in the unprecedented destruction of hundreds of protected
mangrove trees * a habitat along the canalwhere little green, black crowned and yellow
crowned herons are known to roost; and the loss of buffering of the historic homes and
institutlons such as the Holocaust Memorial and the MB Botanical Garden from the
Dade Boulevard traffic and resuJting noise, emissions, particulate and light pollution"
HOW DID THIS HAPPEN?
While the project has been discussed for at least 17 years, the current plan has been
rushed through and was only presented to the public recently, just three weeks before
the HPB approval vote hearing. City staff has stated that the project must move fonrard
due to grant deadlines.
There is no question that vegetation and ecological considerations were an afterthought
when designing this plan. lt was only after the plan was presented to govemment
agencies, that the city's Greenspace Management Division was even consulted; and
then they were not invited to participate in the public meeting.
It appears that the Bike Master Plan has been driving the process and has prevented a
balanced approach from taking place.** Residents were only presented with a single
opportunity to be informed and provide comment on the current plan, while the bike
committee has been meeting for years. As recently as two weeks ago, when asked if
there would be a second public meeting, city staff indicated that another public meeting
may not be necessary.
There are a number of serious issues that must be addressed:
1. The city never presented the regulatory agencies with a proposal
that would have achieved an ecological restoration. For example,
The DERM Coastal Resources project manager confirmed that this project was
proposed and considered solely as a development project; with no
component of eco logical restoration.
2. The numbers of mangroves that will be destroyed have been undercounted
by DERM because they did not factor in smaller trees. Therefore, when
calculating the required mitigation, DERM did not count hundreds of trees. For
example, some mangrove trees, although eight feet tall and providing habitat
for wildlife and buffering to the historic neighborhood, do not count.
30
GTAG's own survey of the mangroves between the 17th Street bridge
and Convention Center Drive, conducted by a certified arborist, shows three times
the number of trees to be destroyed.
ln a recent report, submitted in connection with the recommendations to the
HPB, city staff stated "much of the vegetation along the canal is of very low quality
and undermines the sea wall." Nothing could be furtherfrom the truth.
GTAG has concluded that the city's canopy replacement numbers are rnisleading
from two standpoints:
- the real value of the mangroves is in no way replaced by the proposed trees
- the destruction is grossly underestimated
3. lt is forcing our elected representatives to vote on a plan that is uninspired and
inadequate and is being driven by grant and timing considerations rather than
the quality of the outcome.
Why doesn't the cunent plan bear any resemblance to the project description"
submitted for commission approval in 2008?
4. Other discrepancies: Public Works recently stated'we submitted a check to DERM for
the mangrove mitigation. We are in the preliminary stages of identifying potential mitigation
sites within the City. No site has been selected as yet."
DERM just this week disclosed that a permit for the mangrove removal had not been issued
because they were waiting for proof that the CMB had purchased credits from the FPL
Everglades Mitigation Fund Bank. Such purchase would mean that the mitigation would take
place in South Dade on FPL lands, not even in Miami Beach.
WH.AT TO DO?
For those of us who have been laboring for years to improve the greenspace of our
city and advance public awareness of protected species such as mangroves,
strangler figs, specimen trees and mature trees (we estimate that the mangroves have
existed along the Collins Canalfor at least 50 years), this project clearly represents
a lack of priority for greenspace. We will go even further...it represents the most
environmentally destructive project ever proposed in the city. These are not
the actions of a "sustainable" city.
The residents deserve transparency and responses to our public information requests,
The GTAG request for a postponement of the initial HPB approval vote due to a lack of
access to details was ignored by Public Works.
A project of this magnitude and consequence demands rnore than one public
meeting.
31
Please write/call the Mayor and Commissioners and the Historic Preservation Board
to let them know you are seriously concerned about the impending destruction of
hundreds of protected trees and the inadequacy of the replacement plan; ask them
to develop a plan that will provide not only safe bike access, but a viable landscape
buffer and tree canopy and ecological benefits to the Collins Canal itself. Please
request a series of public meetings, one prior to the HPB approval vote scheduled for
Dec. 13.
Please fonruard this e mail to your friends and neighbors. We need to spread the
word, as quickly as possible.
Thank you in advance for your support and efflorts.
Sheryl Gold
Gary Hunt
GTAG - Greenspace/Tree Advocacy Group of Miami Beach
ADDENDUM
*Comrnission Memorandum - Collins Canal Enhancement Project
December 10, 2008
Page 3 of4
Collins Canal Shoreline Restoration Project
ln 1914, the Collins Canal was dredged in order to connect the southern end of lndian
Creek to Biscayne Bay. Over the years, the seawalls abutting the watenaray have
declined in structural integrity and are currently in need of repair and reinforcement. The
deterioration of the seawalls in turn results in shoreline erosion and destabilization and
subsequently sedimentation of the canal bottom, which impact the water quality of the
canal. The restoration of the canal will afford a higher quality habitat to the federally
protected endangered sea grass and other wildlife that comprise thej0a-ng_lgve_
eco.system and inhabit the canal's shores and submerged bottom.
The Collins Canal Enhancement Project will rehabilitate the northern bank of the Collins
Canal between approximately Alton Road to 24lh Street and Lake Pancoast. The City
retained Coastal Planning & Engineering, lnc. (CPE) to complete the innovative design
of this project that will utilize the creation of a "living seawall", which is a seawall system
that uses natural materials to reinforce a seawall such as boulders and special
geotextile fabrics while simultaneously generating numerous environmental benefits.
The project will involve the removal or bracing of the existing sea wall and the
installation of a new seawall comprised of carefully intermeshed, large diameter
boulders which will provide increased wildlife habitat, improved water quality, and more
natural flushing and flow of water.
The slope and elevation of the new boulder walls will be designed to closely mimic
natural tidal creek shorelines. A geotextile liner will be installed along the eroded
shoreline areas behind the new boulder wal[s to prevent future erosion. The shoreline
32
will then be replanted with native coastal plant species that will serve to anchor the
shoreline and minimize erosion. These shoreline areas will also become a buffer zone
protecting the waterways from polluted storm water run-off.
**The Dade Boulevard Bike Path willcreate a multi-purpose public access corridor on
the south side of Dade Boulevard from Purdy Avenue to the 23rd Street Bridge,
adjacent to the Collins Canal.
The existing cross section of the Dade Boulevard corridor has some width limitations
which require the stabilization of the Collins Canal embankment and upgrade or
replacement of the existing seawall prior to the construction of the proposed bike path.
In its cunent state, the walls of the canal cannot provide adequate soil support to the
proposed bike path to ensure the safety of its users- As such, an embankment
stabilization and subsequent seawall restoration project are an integralcomponent of
the Dade Boulevard Bike Path and seawall project, since it will provide the foundation
necessary to ensure the structural integrity of the bike path. The proposed modifications
to the Collins Canal seawall design plans of the northern bank of Collins Canalwill
integrate both the bike path and seawall projects and continue the cunently proposed
design as one project.
Credentials:
GTAG
Formed 10 years ago by residents, our mission is to protect, preserve and
enhance the urban forest of Miami Beach, with a particular focus on native
species and shade canopy.
Key accomplishments: Succeeded in getting the CMB to establish a separate
Greenspace Management Division and hire the city's first urban forester.
Gary Hunt
Co Founder, GTAG Greenspace Tree Advocacy Group of MB
Founder of Treemendous
Board Member, Tropical Audubon Society
Certified Arborist
Miami Beach community activist
Member, Bayshore Neighborhood Association
SherylGold
Co Founder, GTAG Greenspace Tree Advocacy Group of MB
lnitiator, producer and creative director of the nation's first public awareness
campaign on the environment; aired on the Discovery Channel
Producer and creative director of Global Releaf, American Forest's TV
campaign to plant one million trees
Miami Beach community activist
Member, Palm View Historic District Neighborhood Association
33
COLLINS CANAL PROJECT
BACKGROU ND I N FORMATION:
After many years of discussions, the City of Miami Beach undertook the replacement of
the seawajl and construction of a new pedestrianlbike pathway along the Collins Canal'
Unfortunately, the seawall restoration/bike path project has resulted in the unavoidable
destruction of most trees/vegetation along the canat. While new landscaping is planned
in other sections, the project has left OVER two football fields in length on Dade Blvd.
(650 linear ft.) totally barren of trees and vegetation", bordering the Palm View Historic
bistri"t residential neighborhood and directly across from Publix; and destroyed
hundreds of protected mangrove trees. As a result, 1) the area is visually and
aesthetically ugly; 2) therels no buffer to Palm View historic homes and residents
against vefrlcuiai emissions, noise and light pollution, and particulates; and 3) the
ecology, including wildlife, has been adversely affected.
This corridor is too important to our city and bordering neighborhoods -
palm View Historic District and Bayshore -- to accept anything less than a progressive
transiUwaterway design. lt is the gateway to the city center and anticipated upgraded
convention center.
There is significant community support for improving the Collins Canal project which
would provide not only safe bike access, but a viable landscape buffer and tree canopy;
along with ecological benefits to the Collins Canal itself.
ln summary, the primary goal is to create a linear bikeway with continuous native shade
canopy trees and ground-cover. The ONLY option to accomplish this is to eliminate the
east bound Ieft turn tane into the Publix parking lot on Dade Blvd; along with relocating
the curb and gutter.
+the total lack of any landscaping is due to the narrowing of the space available for planting; a
direct result of the existing left turn lane into Publix.
WHY IT IS GOOD BUSINESS FOR PUBLIX TO COLLABORATE WITH THE CITY OF
MIAMI BEACH TO IMPROVE THE COLLINS CANAL PROJECT.
34
As a committed corporate partner in Miami Beach's effofts to be ecologically sensitive
and green, we call upon Publix to help make the Collins Canal -- in its fOOtn anniversary
year -- a progressive urban watenruay with upland shade trees and replacements for the
hundreds of recently destroyed mangroves. Indeed, we encourage Publix to join local
residents and the city commission and administration in improving and restoring the
canal in the section of Dade Blvd. located directly across the street from its store -- in
order to provide a beautiful and environmentally sound entry into Miami Beach for the
thousands of drivers, pedestrians, bicyclists, and boaters who pass by both Publix and
the Collins Canal every day.
We suggest Publix use this as a public relations opportunity, with the possibilify
of 1) a joint news conference with city officials to announce the collaboration; and 2) a
store display of The Reclamation Project, a pafticipatory eco-art project by Xavier
Coftada. The project, which is part of the Miami Science Museum, encourages local
businesses to take patt in engaging their customers about the environment. In this
case, the mangrove seedlings displayed at Publix would eventually be planted in the
Collins Canal, in order to restore and rebuild ecosystems that were destroyed.
1. Publix has a strong corporate environmental policy:
"Publix is committed to preserving and improving our environment."
The nGreen Routine" program has been so successful, Publix was awarded the Council for
Sustainabfe Florida large business award. Also, Publix is a partner company in the
Environmental Protection Agency's "Energy sta/' and "Greenchill" programs.
2. Publix has a strong corporate sustainability statement:
"Publix's continued success depends upon sustaining our environment, the people in our
company and communities, and our business. Publix has always been committed to the
responsible use of environmental resources."
3. Publix's Greenwise branding, which includes a wide range of natural and organic products,
substantiates the company's commitment to its customers that green is an integral part of their
business plan.
4. Enabling the planting of the necessary upland landscaping will not only restore the
environment but will also enhance the aesthetics of the view directly across from the entrance to
the Publix store on Dade BIvd.
5. The Revised Traffic lmpact Study prepared by ATKINS, October 4,2012, at the request of
the City of Miami Beach, evaluated the traffic operational impacts due to the removal of the
Eastbound Left turn storage lane going into the Publix located at 1045 Dade Blvd. tt was
concluded thai the proposed removal of the turn lane "will have minimal to no effect on the
traffic operational performance at the intersections within the study area." (all adjacent
interesections)
35
6. The community is celebrating the centenary of the Collins Canal, the oldest surviving man-
made structure on Miami Beach. What betterway to demonstrate Publix's commitment to
the neighborhood and community, than by enabling the improvement of the ecology and
appearance in the immediaate vicinity of the store.
7. Reach potential new shoppers. The city has added a crosswalk and signal at Michigan Ave.
and Dade Blvd. that will improve access for Publix shoppers who are pedestrians and bicylists
using the newly installed multiuse path"
The city has installed a new dock to service on board residents who want to shop at Publix by
dinghy.
Thousands of visitors each year take Dade Blvd. to reach the convention center.
Residents use Dade BIvd. as a major artery to reach their homes, schools, city center
and downtown Miami. Without Publix cooperation to enable the widening of the space
available for landscaping, the public will be forced to look at a barren concrete seawall,
crashwall and bike path; and pedestrians and bicylists will be exposed unnecessarily to
sunlheat that would othenryise be mitigated by shade trees.
Our city, as well as Miami Dade County, has a serious tree canopy deficiency. With
rising temperatures, pafiiculary impactful in our tropical climate, it is becoming more and
more critical not only to stop the destruction of trees, but to increase the canopy through
planting. Trees not only cool our cities and our planet, they also clean the air, conserve
energy, prevent stormwater runoff and soil erosion, provide habitat for wildlife, improve
business traffic, absorb noise and dust, and help mitigate heat islands.
The City of Miami Beach seeks to implement this project in an innovative and
environmentally beneficial manner. The city commission, residents of the adjacent
neighborhoods, community leaders, and environmental activists, including members of
GTAG - Greenspace/Tree Advocacy Group, support the ecological restoration of the
historic canal and replacement of the destroyed trees.
ln summary, Publix is the premier quality food source for Miami Beach residents.
Pubix's community image and business will be further enhanced by cooperating with the
city and its residents to achieve a Collins Canal project that will help to ensure its
sustainability...for present and future generations.
December 27,2A72
Submitted by:
GTAG Greenspace/Tree Advocacy Group
Sheryl GoId, Gary Hunt, Jane I-osson, BarryMiller
36
From: sheryl gold <shergoldcom@gmail.com>
Date: May 20, 2A13 2:05:48 PM EDT
To: "Diaz, Hermes" <HermesDiaz@miamibeachfl .gov>
Cc: Barry Miller <barry@savinomiller.com>, gary hunt <vanhunt@att.net>, John
Oldenburg <JohnOldenburg@ miamibeachfl.gov>, Richard Sa ttrick
<RichardSaltrick@m iamibeachfl. gov>, Douglas Seaman
<DouglasSea man@miamibeachfl. gov>, Jimmy Morales
<Jimmymorales@miamibeachfl.gov>, Ed Tobin <Ed@miamibeachfl.gov>, Dessiree
Ka ne <dessireekane@gmail.com>
Subject: Re: Landscape Plan for Collins Canal
Hermes,
You asked GTAG to design a landscape plan when the original PW plan was deemed
inappropriate.
We refused, on several occasions, to provide these services, untilwe were assured
that Public Works
would pursue our proposed solution for providing space from Alton to Meridian to
mltigate the total absence of upland landscaping
along the Palm View Historic District. Once PW agreed to put in the "temporary" bike
path along this sectlon, we agreed to design, pro bono, a native, shade canopy plan.
After passing by the canal recently and seeing the numerous bollards, plus reading the
publicity about the upcoming Collins Canal landscaping
in the MB Magazine and the April LTC, GTAG members realized that the light bollards
were never on the plan you provided us, in order for us to develop a landscape plan.
The size, location, and number of these lights will greatly impact the city's ability to
implement the plan as it was designed. lt is unacceptable that we invested all
this time and effort, and no one ever told us about the bollard lights.
We have spent thousands of hours over the last three years, advocating for the right
thing on this project. Now, at this late date, we discover yet
another "oversight" or questionable decision that has caused our work to be a wasted
effort. Why is it at 90% without ANY communication since we submitted the plan?
Sheryl Gold
GTAG Greenspace Tree Advocacy Group
On May 2A,2013, at 1;37 PM, Diaz, Hermes wrote:
Sheryl;
37
ln response to your previous enquiry, although they were part of the HPB approval, the
plans that were provided to GTAG for the purpose of the designing an upland landscape
along the Collins Canaldid not show the proposed light bollards along the Collins
Canal- I have attached the plans we have worked with Parks and Recreation
Department off the design sketch provided by GTAG. These are about 90% completed.
Sincerely;
MIAMIBEACH
Hermes Diaz, P.E., Civil Engineer lll
PUBLIC WORKS DEPARTMENT, Engineering Division
1700 Convention Center Drive, Miami Beach, FL 33139
Tel:305-673-7080, Ext 6387 / Fax: 786-394-4571 / www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work
and play in our vibrant, tropical, historic community.
---Original Message---
From : sheryl gold [mailto: shergoldcom@g mail.com]
Sent; Monday, May 20, 201312:09 PM
To: Diaz, Hermes
Cc: Barry Miller; gary hunt; Oldenburg, John; Saltrick, Richard
SubjecL Landscape Plan for Collins Canal
Hermes,
Did you locate the specific plan that was provided to GTAG by Public Works, for the
specific purpose of designing an upland landscape plan along the Collins Canal?
I need this information by the end of the day-
Thank you,
Sheryl
< PK-20 09-2-La nd scape. pdf>
38
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Joy V. W. Molokoff, Commissioner
DATE: July 1 8,2014
SUBJECT: Discussion on the Morine ond Woter Front Authority's Sunset Horbor
Cruising Vessel Dockoge Motion
Pleose ploce the obove on the )uly 23, 2014 City Commission ogendo.
JWVM
We ore commilfed to provtdtng excellenf public service ond sofel,y to ol! who live, work, ond ploy in our vibront, tropicol, historic communitv.
Agenda rtem R? I
Date 1-23-1439
Miami Beach Marine and Waterfront Authority Motion
July 8, 2OL4
The City of Miami Beach Marine and Waterfront Protection Authority supports
moving forward with processes needed to investigate the creation of dockage
facilities for transient cruising vessels in the Sunset Harbor Basin on City owned
bay bottom. The facility should offer amenities traditionally found in marinas of
this nature and be competitive in dockage rates and services. The facility should
strive to attract cruising transient vessels creating a venue that establishes Miami
Beach as a hospitable and desirable cruising destination.
The Authority asks the City Manager to place this item on the next available
agenda for discussion by the City Commission.
40