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C6A-Report- Neighborhood-Community Affair Committee Meeting Of July 25 2014*I ql!!'s .'. i ,n, ,ri 1i[.' * ,'\ i' OFFICE OF THE CIW MANAGER COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members the City FROM: Jimmy L. Morales, City Manager DATE: September 10,2014 SUBJECT: REPORT OF THE NEI UN|TY AFFATRS COMMTTTEE (NCAC) MEETING ON FRIDAY, JULY 25, A meeting of the Neighborhood/CommunityAffairs Committeewas held on Friday, July25, 2014 al3:00pm in the Commission Chamber, 3rd Floor of City Hall. Commissioners in attendance: Commissioners Micky Steinberg, Deede Weithorn and Ed Tobin. Members from the Administration and the public were also in attendance. Please see the attached sign-in sheet. THE MEETING OPENED AT 3:02 P.M. 1. Discussion Regarding A Request From The North BayVillage MayorTo Discuss North Bay Village Residents' Use Of The Normandy !sle. 3:32pm Commission ltem C4B, February 12, 2014 (Requested by the Parks and Recreation Department) John Rebar, Parks and Recreation Director, and Mayor Connie Leon-Kreps presented the item. Pursuant to a letter from Mayor Connie Leon-Kreps of North Bay Village ("Attachment A"), a discussion item was initially referred to the Neighborhood/CommunityAffairs Committee (NCAC) at the January 15,2014 City Commission meeting. The item was then presented to the NCAC at its February 28,2014 meeting. Mayor Leon-Kreps advised that North BayVillage finds itself with limited resources for their residents and expressed interest in the City allowing North Bay Village residents to utilize amenities at Normandy lsle Park and Pool. Parks and Recreation Administration was tasked with assessing the current programming at Normandy Pool in order to identify any opportunities for the North Bay Village residents to utilize the pool during non-programmed times. An item was referred to the Finance and Cityrvide Projects Committee at the June 1 1,2014 City Commission meeting regarding a discussion of the schedule of user fees for various Parks and Recreation programs and services, facility admissions and rentals. This item was pulled for discussion by Commissioner Greico. Commissioner Grieco stated that there is a request from the Mayor of North Bay Village to allow access to North Bay Village residents to the Normandy Pool and facilities at a reduced rate, less than what an out of town resident would pay. Commissioner Greico requested for Staff to determine where there is space, whether bytime or actual slots, in orderforthe City Commission to price it out and determine if a reduced fee for North Bay Village can be accomplished. John Rebar, Parks and Recreation Department Director advised that all City of Miami Beach residents use the facility free of charge. Nonresident rates are $6 for children and $10 for adults. Fee waivers can only be accomplished through action from the City Commission. Commissioner Weithorn explained that at the NCAC meeting, it was decided that the City would not place our residents behind those of other cities. Director Rebar advised that programs such as To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, a1 Agenda ltem CG A i."il':[ ilJ,'filHii!lffs::yflil:[:';flr",Tir:ilx"'{:tT3:*35:se contact 305-604-248e (voice) or 305-673'7218 (T Date w-86 soccer and basketball are at capacity, with several people on waiting lists. However, Staff would assess to identify any programs where there is room and there may be some times when the pool is not in use, especially for seniors. Commissioner Malakoff suggested a reduced fee for North Bay Village residents, which would be lower than the nonresident's fees. Following direction from the City Commission, Staff has analyzed the Parks and Recreation programming utilization in the North Beach area. Based on the analysis, the Administration has determined that there is an opportunity during the school year (non-summer months) where the Normandy Pool could be utilized after 9:00a.m. ln addition, there may also be opportunity in a number of athletic programs/classes since participation has not reached max capacity. A detailed analysis is provided as "Attachment B". lt should be noted that the City's senior programs and special population programs are already offered to non-residents, many of which are free of charge. Should the North Bay Village Residents be provided with an opportunity to participate in the City's recreation programming in North Beach, consideration should include which types of programs would be offered as well as, the fee structure for participation. Currently, the Parks and Recreation programming only offers a two-tierfee structure, Resident and Non-Resident. Consideration should also include the possibility that other neighboring jurisdictions may approach the City with similar requests. The Administration seeks direction from the Neighborhood/Community Affairs Committee on how they wish to proceed. Commissioner Weithorn- Stated that when this was discussed in February the direction was if programs are full they cannot be discounted to North Bay Village because we can't even offer them to our residents. So for the programs that are not full, especially the competitive ones that need sufficient players, there was no problem with coming up with a smaller fee and when the residents registration ends, if there are spaces available, registration would open for North Bay Village. Therefore, if a program is full after the Miami Beach registration ends, it is done and there is no need for anymore participates. Specifically for the swimming pool, sometimes the pool is not filled to capacity. The City might as well get some revenue since it does just sit there. The sport programs seem to be pretty full. The Beach Volleyball isn't full, which would serve the citizens of North Bay Village well since they don't have direct beach access. Also, some senior programs would be beneficial. Stated that there should be 2 or 3 programs picked to do a pilot program and run it for a year. Commissioner Tobin- Stated that he thought it would benefit North Bay Village more to use our police and fire. Commissioner Steinberg- Stated that Commissioner Weithorn is correct if the programs aren't full by Miami Beach residents those are the ones that the Commission should look at, anything over 50% the Commission should wait on. ln regards to the pool, doesn't want to take away the experience from Miami Beach residents of using the pool if it is at capacity with nonresidents from North Bay Village. Commissioner Malakoff- Stated that she agreed with Commission Tobin about police and fire. Also, stated that North Bay Village is so close to the Normandy Pool and facilities suggested cutting the rates in half for North Bay Village Residents. Commissioner Weithorn-Gave direction to monitor the pool usage during the summer months because it does get used frequently by residents. Stated that she agree with Commissioner Malakoff, the rates should be cut in half for North Bay Village residents. Stated that the two programs to start the pilot program would be the pool at the half off the nonresident rate, and the second program is the sand volleyball. John Rebar- lnquired if the Commissioner would be looking at nonresident rates for the beach volleyball, as of right now the rates are 90 dollars for nonresidents and 60 dollars for residents. Commissioner Weithorn- lnquired if 75 dollars would work, it is somewhere in the middle. Johnathan Gross (Parks and Recreation for North Bay Village) - spoke. MOTION: by Commissioner Weithorn to have North Bay Village residents use the Normandy Pool at half price of the nonresident fee, and have a discounted rate of 75 dollars for the beach volleyball. Seconded Commissioner Steinberg. Commissioner Tobin- Stated that he voted no because there are too many adjoining cities and neighborhoods and this would open up the Miami Beach facilities to them.87 Commissioner Steinberg- lnquired if a program has few people enrolled, does that program continue? John Rebar-Stated that it depends on the program but sometime it does get cancel. Commissioner Steinberg-Stated that in light of that she would like to see this implemented I because it would help those programs that are at risk of being cancelled. lt should be done on a pilot basis and the North Bay Village registration is after that of the Miami Beach residents. John Rebar- Stated that yes, there are two separate registrations for the Normandy Pool and beach volleyball. Each would first be open to the Miami Beach residents, and once that closes and there are still several spots left, it will be opened to North Bay Village residents. Commissioner Tobin- Stated that it should be announced when the pool is not so busy. John Rebar- Stated that once the school year starts, after 9 AM, the pool usually slows down. Commissioner Malakoff- lnquired what the population of North Bay Village is. Mayor Connie Leon-Kreps- Stated a little over 7,000. Commissioner Weithorn -Stated that in the future the City is looking to build a Teen Center in the north end. Stated that she feels strongly that the City will have to look into giving a reduced rate to Miami Beach students that live in Surfside, or North Bay Village. 2. Discussion Regarding An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled "Miscellaneous Offenses," ByAmending Article ll, Entitled "Public Places' ByAmending Section 70-67, Entitled "Prohibited Activities" To Prohibit Motorized Means Of Transportation ln, On Or Upon Any Portion Of A) The Beachwalk Between 1Sth To 23rd Streets And Between 64th To 79th Streets. And South Of 5th Street; -B; On The Lummus Park Promenade (Also Known As The Lummus Park Serpentine Walkway) Between sth And 1Sth Streets; C) The Sidewalks On The East Side Of Ocean Drive Between South Pointe Drive And 1Sth Street; D) The South Pointe Park Cutwalk Adjacent And Parallel To Government Cut; And E) The Marina Baywalk Adjacent And Parallel To Biscayne Bay And South of Sth Street; Providing For Repealer, Severability' , Codification, And An Effective Date. 3:49pm Commission ltem RSF, May 21, 2014 (Req uested by Commissioner Wolfson) Jose Gonzalez, Transportation Director presented the item. On October 24,2012, the City Commission passed and adopted Ordinance No. 2012-3780 and Resolution No. 2012-28041which provided various regulations concerning Segways. The Ordinance amended Chapter 70, Article ll, Division 2 of the City Code, and in particular, Sections 70-66, 70-67, 70-68, 70-69, 70-70, and added Section 70-71. The Ordinance restricted the speed of Segways to eight (8) MPH on all sidewalks, sidewalk areas, and bicycle paths, and prohibited the operation of Segways on interior pathways within South Pointe Park and Collins Park and on the sidewalks on the west side of Ocean Drive between South Pointe Drive and 15 Street. Pre-existing code provisions prohibit motorized means of transportation, except for wheelchairs or other motorized devices when used by disabled persons, in, on, or upon any portion of Lincoln Road Mall from the west sidewalk of Washington Avenue to the east sidewalk of Alton Road. On June 11,2014, City Commission adopted Ordinance No. 2014-3881 which prohibited the operation of bicycles on Lincoln Road Mall between 9:00 am and 2:00 am. Ordinance 2014-3881 also amended the definitions in Division 2 of Article ll of Chapter 70 of the City Code to define "motorized means of transportation" to include "electric personal assistive mobility devices" and all other devices and means of transportation propelled other than by human power, such as motorized skateboards and skates, but not those devices defined as a "vehicle" under State law. Devices defined as a "vehicle" under State law, such as mopeds, motorized scooters, and motorized bicycles are already prohibited on bicycle paths, sidewalks, and sidewalk areas under State law and are enforced by the City's Police Department as noncriminal infractions punishable as moving violations under Section 316.1995 of the Florida Statutes. Violations of Section 70-67 (concerning prohibited areas and activities for operators of motorized means of transportation) and Sections 70-69 (a)-( c) (concerning prohibited areas and activities for operators of skateboards, bicycles, skates, and electric 88 personal assistive mobility devices) are also enforced by the City's Police Department, but are deemed non-criminal infractions, punishable under State law. To further address safety concerns and accidents already experienced in the City, the proposed amendments to Chapter 70 are necessary. Specifically, many accidents and collisions between motorized means of transportation and pedestrians have occurred on the City's sidewalks and bicycles paths. ln addition, during high impact periods when pedestrian traffic can increase by the thousands, it is unsafe for any vehicle or motorized means of transportation to operate on streets closed to motor vehicle traffic by the Police Department for events because such closed streets are then utilized by dense pedestrian traffic. After careful consideration, and research, and input from the community, the Administration has proposed Code amendments which incorporate the Administrative Rules into the City Code and which include stricter penalties for insurance violations for business entities providing rentals, leases, and/or tours. During the second reading of Ordinance 2014-3862 on May 21,2014, the City Commission referred residents'suggestions to the Neighborhood/Community Affairs Committee (NCAC). Some of the suggestions provided by the residents are currently covered and enforceable under recently approved Code amendments. The residents'suggestions and the Administration's response to each are summarized below: . Suggestion regarding Boardwalk: Prohibit motorized means of transportation on the boardwalk and pedestrian sidewalk. Response: (Sec. 70-67(c)), amended on May 21,2014. ln addition, wheeled conveyances are currently prohibited on the boardwalk per Section 82438. This item will also be referred to NCAC in September 2014 for further discussion, input, and direction. . Suggestion regarding BTRs: Require a BTR, complying with existing insurance requirements, existing speed certification requirements, indemnification agreement and customer acknowledgment requirements. (Sec. 70-70 (a)). Response: The modifications proposed in the Ordinance on the July 23, 2014 Commission agenda, along with the previously approved amendments, cover this suggestion in Sections 70-70(a),70-70(b), 70-70(c), and 70-70(e). . Suggestion regarding lnsurance: Expand existing insurance requirement to include annual furnishing of Certificate of lnsurance to the City. (Sec. 70-70 (b)). Response: ln addition to the annual insurance certification, the lnsurance Tracking System contract awarded by City Commission in May 2014 will allow the City to conduct routine check-ups on the status of the insurance requirements for all businesses. Also, when BTRs are renewed annually, new insurance certificates must be submitted. . Suggestion regarding Speed Certification: Expand maximum speed certification requirement to require identification of speed-certified motorized vehicle and annual inspection and testing of each motorized vehicle bythe Cityfor compliance with the maximum speed requirement. (Sec. 70-70 (g)). Response: At time of issuance of application for BTR, the City's Finance Department will review the application for all certifications, including the manufacturer speed certification. ln addition, the City's Code Compliance Department is currently conducting random spot checks at the various dealers to make sure the machines are set to beginner mode. Beginner mode is pre-set by the company to operate at a maximum speed of 8 mph. A maximum speed of 8 mph is required in Sec. 70-67(d) and (e)and in 70-70(c). . Suggestion regarding ldentification on Devices: Add an annual application for the issuance of a unique numbered license plate for each motorized vehicle. (Sec. 70-70 (g)). Response: Under Sec. 70-70(9), business entities providing rentals, leases, and/or tours are required to affix decals depicting the company name, phone number, and vehicle number to the front and rear of each device. . Suggestion regarding Tour Groups and Training: Add provisions that regulate organized Tour groups and training provided to renters. (Sec. 70-70 (h)). Response: This item will be discussed at NCAC for input and direction. 89 . Suggestion regarding Definitions: Add definitions regarding motorized devices. Response. "Motorized means of transportation" and "electric personal assistive mobility devices" and "bicycle" are now defined in Sec. 70-66. . Suggestion regarding Substitution of Terms: The term "motorized means of transportation" should be substituted for "electric personal assistive mobility device" throughout Division 2 of Article ll of Chapter 70. Response: The substitution of these terms is appropriate in some contexts. This issue will be discussed at NCAC for further input and direction. . Suggestion regarding Enforcement Responsibility: All provisions should be enforced by a police officer or code enforcement officer. Response: Currently, those violations which generally are "moving" violations are noncriminal infractions under Florida Traffic Laws per Sec. 70-71(a) and are enforced by police officers. These violations cannot be cited by a Code inspector. The violations enforced under Sec. 70-71(b) are generally "non-moving" violations and concern safety related practices of businesses that rent electric personal assistive mobility devices, time of day restrictions, and reporting responsibilities of renters. These violations are enforced by Code inspectors. Pursuant to Sec. 30-3 of the Code, police officers are authorized to assure code compliance, in addition to Code inspectors, and may enforce any City Code violations. Henry Stolar- (resident) spoke. Commissioner Weithorn- Stated that she would like to review these issues one by one. Henry Stolar- (resident) spoke. Commissioner Weithorn -Stated that she does not have a problem with having them go in a single file. However, there is a problem with stating that no one can be separated from the group. As far as not allowing more than one person on a motorized means of transportation, it is something that she cannot answer because she does not know enough about it. lf someone has a child, does that mean they cannot participate? Henry Stolar- (resident) spoke. Commissioner Weithorn - lnquired if anyone had the information regarding more than one person on a motorized means of transportation. Henry Stolar- (resident) spoke. Commissioner Weithorn -Stated that she agrees with the single file line, and hand signals, though she is unsure if people understand them. Henry Stolar- (resident) spoke. Commissioner Weithorn- Stated that she would like to understand the ramifications of having more than one person on a Segway. lf the City says that no one under 16 years of age can rent a Segway then that is implying that if someone has a child with them they cannot rent a Segway. Commissioner Weithorn - lnquired if anyone has this information Henry Stolar- (resident) spoke. Jose Gonzalez- Stated that trikes were mentioned and this ordinance do not mention anything about trikes; it is specifically for motorized means of transportations because trikes are defined as vehicles by Florida statue. Henry Stolar- (resident) spoke. Deborah Turner- Stated that trikes are vehicles, and this ordinance exempted all means of transportation that are defined as vehicles by Florida law because they are already unlawful on sidewalks, pedestrian ways and bike paths. Since they are already coved by Florida law the City Attorney's Office did not feel the need to include them in the ordinance. Commissioner Weithorn- Stated that during high impact weekends, Segways and all motorized forms of transportation should not be allowed on streets that turn into pedestrian ways. lnquired if this ordinance has a loophole in regards to streets turned into pedestrian ways. Deborah Turner- Stated that there is no loophole that was adopted into the ordinance as well. CommissionerWeithorn- Stated that during Memorial DayWeekend there were motorized bicycles. The City needs to do a better job at informing others that those are unlawful. Henry Stolar- (resident) spoke. Deborah Turner-Stated that trikes are already covered by state law. Stated that the City is given certain authority, what the City is regulating is what the City is specifically allowed to regulate, for example, Segways, trikes are already regulated by state law. Henry Stolar- (resident) spoke.90 Morris Sunshine (resident) - spoke. Commissioner Weithorn-. Stated that the Committee will not make any motion till after they hear from Morris Sunshine. Commissioner Weithorn- lnquired how people feel about the first recommendation. Stated that she is having a difficult time making a decision regarding children riding with their parent on a Segway. Commissioner Malakoff- Stated that she would like to hear from John Buhrmaster in regards to this topic. John Buhrmaster- Stated that police have looked at plenty of Segways. Though it is possible to have a child on a Segway, to do that is unsafe, since there is nowhere to have them put their feet and the child would be holding onto solely the parent. Commissioner Weithorn- Stated that now she feels comfortable making a decision on the issue because the record shows that to have more than one person ride a Segway is unsafe. lt has now because a safety issue. Stated that in regards to the first recommendation she is only striking down the distance requirement only because it can encourage people to catch up if they separate from the group and this could cause some hazard. Henry Stolar- (resident) spoke. Deborah Turner- Stated that the state statue also says that a Segway can only be operated by one person. The manufacture also states that only one person should be on the Segway. Commissioner Weithorn- lnquired if it lawful for someone under the age of 16 to ride a Segway if they are wearing a helmet. Deborah Turner- Stated that under state law, a person under 16 is allowed to ride a Segway if they are wearing a helmet. Stated that banning those under 16 from riding a Segway could be in conflict with state law. Commissioner Weithorn- Stated that she will strike down the recommendation of banning those under 16 from riding a Segway because it is in conflict with sate law. Henry Stolar- (resident) spoke. Deborah Turner-Stated that state law allows those under 16 to ride a Segway as long as they are wearing a helmet. Commissioner Malakoff-Stated that trikes are a vehicle that has already been established; therefore trikes are not the issue the Committee is addressing. Henry Stolar- (resident) spoke. Commissioner Weithorn -Stated that she is no inclined to put anything in the ordinance that deals with age due to state law. Stated that she will not move that recommendation. Henry Stolar- (resident) spoke. Kathie Brooks- Stated that one of the things the Commission did was awarded a contract to an insurance agent forthird party agreements, where by all the different entities that have insurance will be put in a third party system and Administration will receive immediate notification if company does not have a valid insurance. There will be continuous monitoring of the insurance. Henry Stolar- (resident) spoke. Kathie Brooks- Stated that Administration does check the BTR receipt on a renewal annual basis. Commissioner Weithorn - Stated that Mr. Stolar should move on. Henry Stolar- (resident) spoke. Commissioner Weithorn - lnquired what Mr. Stolar feels about requiring a BTR. Commissioner Steinberg- Does not feelthe Committee needs to go into detail about the BTR. Commissioner Weithorn - lnquired if Administration feels that what is currently in place is adequate. Deborah Turner- Stated that it is already in the ordinance. Legal suggested changing the verbage to say maintain the insurance instead of just provides the insurance. ln addition, the langue should be changed to require the companyto provide an annual certificate instead of just having it shown once. CommissionerWeithorn - lnquired if some of the language Mr. Stolar has provided be combined with the recommendations Legal has made and include that into the ordinance. Stated that she is not inclined to put all of the language Mr. Stolar has provided into the ordinance. Stated that her preference would be to have an ordinance that gives way for the Commission to change the rules without having to revise the ordinance itself. Henry Stolar- (resident) spoke. Commissioner Weithorn -Stated that she understands the importance of having a certificate of insurance, but feels that in the future that would be web-based and does not feel that having something so specific in the ordinance would be beneficial. Due to technological advances, changes91 in the ordinance would have to be made. Alek Boksner- Stated that putting it into the ordinance is irrelevant. Henry Stolar- (resident) spoke. Commissioner Weithorn- lnquired if Commissioner Tobin could weigh in due to the legal route the topic is taking. Commissioner Tobin- Stated that whatever the City Attorney's Office decides, he will be more than happy to vote on it Commissioner Steinberg- Stated that she thanks Mr. Stolar for putting so much time and effort into this. Also, suggested that Mr. Stolar meet with the City Attorney's Office to go through this ordinance. Commissioner Weithorn-Stated that there are two more policy issues here. The first is on page six where it says to affix permanently the address on any device, and the last policy change would be that a Segway cannot be rented to individuals; one must be in a group. Commissioner Weithorn stated that she is having a hard time with this one. Commissioner Malakoff- Stated that she does not believe this is a positive policy change, some tourists come to the City and would like to see it on a Segway, it doesn't necessarily mean that they are on a group tour. Stated she had a bigger objection on big groups. Henry Stolar- (resident) spoke. Commissioner Weithorn-Stated that she is not inclined to put that policy change into effect. Suggested that Mr. Stolar speak to others to see how they feel in regards to prohibiting Segway rentals to individuals, and then bring it back to be reviewed. Stated that the rest of the recommendations should be reviewed with Administration so that they may write a revised ordinance. Henry Stolar- (resident) spoke. Morris Sunshine- (resident) spoke. Ray Breslin- (resident) spoke. Ronald Starkman- (resident) spoke. Adam Shedroff - (resident) spoke. MOTION: by Commissioner Weithorn to have Mr. Stolar work with Administration on a revised ordinance with the recommendations stated and bring it back to the October Neig hborhood/Commu n ity Affairs Committee Meeting. Henry Stolar- (resident) spoke. Seconded by Commissioner Malakoff. 3. Discussion Regarding A Motion Made By The Committee For Quality Education To Explore An Additional Exit lnstalled At The Northeast Corner Of The Public Parking Lot At 42nd Street And Royal Palm Avenue Beside North Beach Elementary School.4:57pm Commission ltem C4L, December 13,2013 (Requested by Commissioner Tobin) Jose Gonzalez, Transportation Director presented the item. The City of Miami Beach Parking Lot (P63) located at 4142 Royal Palm Avenue, currently serves many of the parents dropping off and picking up children at North Beach Elementary School. Currently the parking lot only has one dedicated two-way driveway and two access driveways from the adjacent alleyway. The alleyrvay is currently one-way eastbound. The City's Committee for Quality Education expressed concerns with the current ingress and egress operations of the parking lot and made a motion for the City to explore the installation of an additional exit at the northeast corner of the lot. At the December 11 ,2013 City Commission Meeting, the Committee for Quality Education's motion was referred to the Neighborhoods/Community Affairs Committee (NCAC) for further discussion. ln advance of the NCAC meeting, staff conducted field visits during school peak hours to observe the existing operational issues and identify a potential solution. As a result of the field visit during school peak hours, staff observed that parents exiting the existing driveways (southeast corner) queue within the parking lot and conflict with drivers attempting to enter the parking lot. This situation is further exacerbated by the current geometry of the exit driveways and the proximity to the intersection of 41 51 Street and Royal Palm Avenue. The intersection queues during the morning peak and drivers 92 exiting the parking lot and attempting to turn left are blocked. Drivers were also observed blocking the west sidewalk. Based on these observations, it was determined that the additional exit, as requested by the Committee for Quality Education, was the preferred interim alternative to alleviate the current conflicts at the southeast exit of the parking lot. Other internal circulation improvements were identified for inclusion in any future refurbishment of the parking lot. At the May 6,2014 NCAC meeting, the Committee made a motion for the item to be discussed at Committee in 30 days with completed design plans. The Public Works Department design has been completed and identifies the second row of the parking lot from North to South as the feasible location for the installation of the driveway. The proposed location aligns with the eastbound parking alley. As a result of the proposed installation of the additional exit at this location, a total of seven (7) parking spaces will have to be removed. Four (4) of these parking spaces will be in the parking lot and three (3) will be parallel spaces on the west side of Royal Palm Avenue. To avoid the duplication of efforts, Administration reviewed future capital improvement plans for this parking lot; however, the Capital lmprovement Project identified was deemed as a long term project, as discussions on possible expansion of the scope are taking place. As an immediate interim solution, the City's Public Works Department is currently coordinating the construction of the additional exit driveway. The construction cost of the project has been estimated at $20,000. Commissioner Weithorn-Stated that the problem is the parking lot exit does not align with the driveway. Jose Gonzalez- there are operational conflicts that occur and in an effort to address this there was a proposal for a new exit in the Northeast quadrant. MOTION: by Commissioner Weithorn to move it to Commission with positive recommendation. Seconded by Commissioner Tobin. 4. Discussion Regarding A Commercial Use Permit Process And Fee For The Purpose Of Legitimizing And Managing Fitness Training And Other Outdoor Professional Services At City Facilities, Parks And Beaches. 5:12pm Commission ltem C4B, June 11, 2014 (Requested by the Parks and Recreation Department) John Rebar, Parks and Recreation Director presented the item. Within the last few years, the awareness and pursuit of healthier and more active lifestyles has proven to become progressively popular. This popularity is widespread and evident on public spaces of Miami Beach. The number of private fitness instructors, yoga instructors, and similarfitness related activities has increased in numbers, many of which utilize City owned facilities, parks and beaches to conduct their classes and boot camps. While the intent of an active lifestyle is supported, there is a need to legitimize these private instructors as their activities, especially if done incorrectly, could impact the safety of the participant, persons nearby and expose the City to unnecessary liability. Many other municipalities throughout the United States, and locally, have established a similar permit application process and fee in order to properly legitimize the specific instruction on City owned property. By managing such activities, the City is not only able to better monitor what instruction is going on, and where, but also provides the ability to screen applicants for proper training, certificates, insurance and other pertinent information. Staff briefed the Finance and Citywide Projects Committee at their August 21,2013 meeting as this proposed process was discussed during a Department revenue item for the FY 201312Q14 City Budget. lt was further explained that the City Code, as currently written, does not allow for any 93 commercial use of for-profit business ventures to be permitted on City property without City authorization. The proposed permit provides for the necessary process and authorization. The Administration is recommending creating a commercial use permit for fitness instruction/training at City facilities, parks and beaches. This permit would not be issued for organized sports or clinics. However, the City Manager reserves the authority to approve a waiver if he determines that such waiver is in the best interest of the community. The proposed permit would be offered on a first come, first served basis and would be limited to a specified number of permits per location. Permits would be issued on an annual basis, based on fiscal year (October 1 through September 30). The City would offer a pro-rated 6 month permit fee for any permits issued between April 1 and September 30 of the fiscal year. ln addition, Staff is also recommending a one{ime use permit at the sole discretion of the City. Applicants would be limited to the use of two (2) City approved facilities/locations per year and would be required to pay a non-refundable application fee of $45.00. Any area that is specifically dedicated to a use that would reasonably conflict with any approved use shall be excluded. For example, holding fitness classes in an area dedicated as a children's play area or basketball court will not be permitted. Permit renewals will be based on past performance. Commissioner Weithorn -Stated that right now it is not legal to do it. lt is a good policy because some of the groups are large. However, this excludes two individuals that want to exercise together; this is intended for large organized groups. John Rebar- Stated that yes, this is for large organized exercises classes that are being held on the City's beaches and parks. CommissionerWeithorn- This is not forfree activities, this is foractivities that have a charge. lnquired that if this is something that is implemented does the City carry any liability. Raul Aguilar - Stated that since we do not regulate this right now, then the liability that we have now is the same liability the City would have with any public person. Also, the City is protected by sovereign immunity. lf the City does decide to regulate this via a permit or other type of license then we would require them to show some type of insurance. if we don't do this right now then the liability we have is the same as to any public person if we decided to regulate it through a permit we would require them to provide insurance. But right now since its just going on it's the same liabilitywe would have as anyone that injurs themselves on our property Commissioner Weithorn -Stated that because they have to provide insurance is reason enough to go through with this change. Stated that she has participated in informal groups that exercise outside with no change. lnquired if this type of group would be exempt. John Rebar- Stated that this would be something that would have to viewed on a case by case basis. Raul Aguilar - Stated that there has been this issue before in regards to the private gyms on or adjacent to the beach. These private gyms would have organized classes on the beach. The members would be paying the gym membership, and this was a private use of the City's beach. Commissioner Steinberg- lnquired how Mr. Rebar came up with the number of permits per park. John Rebar- Stated that it is based on what Administration thinks it can manage. Commissioner Steinberg-lnquired if Administration just gave a figure to all the parks, not necessarily taking into account whether or not it is used for private classes. John Rebar- Stated that yes, it is just a staff recommendation. Commissioner Weithorn- Stated that she feels strongly that small groups should be exempt, even if they are being paid. Believes that groups over five participants should be required to pay the fee. John Rebar- Stated that when viewing each of the groups, context would be used in order to decide whether or not they would need to pay the fee. Commissioner Tobin- Stated that he would like all the fees waived for North Shore parks in order to encourage activation in North Beach. Would like to encourage activation in North Shore Open Space Park. MOTION: by Commissioner Weithorn to bring back the item with additional information and the recommendations made during this NCAC meeting. Seconded by Commissioner Steinberg. 94 5. Discussion Regarding The Current Flamingo Park Master Plan. 4:33pm Commission ltem C4M, June 11, 2014 (Requested by the Parks and Recreation Department) John Rebar, Parks and Recreation Director presented the item. Pursuant to Request for Qualifications (RFO) No. 15-06/07, Resolution No. 2007-26609 was adopted on September 05, 2007 approving the execution of an Agreement with Wolfberg Alvarez and Partners for Professional Architecture and Engineering Services for the Flamingo Park Project. Wolfberg Alvarez and Partners (WA)was retained to prepare a Master Plan for the Flamingo Park facility on March 27, 2008. On August 6, 2008, the Consultant conducted a community design charrette, wherein five various design options for the Flamingo Park Master Plan was presented. lnput from the community was obtained and the Consultant developed two (2) additional Master Plan options, and subsequently presented several options during the November 6, 2008 Community Design Workshop (COW). The City Commission approved "Option L" of the Master Plan at its September 09, 2009 Commission meeting and the Basis of Design Report (BOOR) was issued November 2009. The Flamingo Park Master Plan was approved at the Historic Preservation Board meeting of November7,2010. The elements included in the Master Plan were designed based on the community feedback that was provided back in 2008. The design and construction of a new tennis center was completed in June 2012. A new state-of{he- art football field/track was completed in September 2013.1n December 2013, the City Commission adopted Resolution No.2014-28449 amending the professional services agreement with Wolfberg Alvarez to provide professional services that include planning, design, permitting, bid/award, construction administration and project closeout, including a phasing plan for the construction and restoration of all amenities to facilitate continued park use by its patrons. The Administration believes that there is an opportunity to revisit the Flamingo Park Master Plan in order to ensure that the design elements are consistent with the current needs and desires of the community. For example when the Master Plan was designed, the soccer and softball fields were in good condition and therefore, the Master Plan did not contemplate any renovations to the fields. However, five years have passed and there now is a need to renovate these fields. The approved Master Plan also provides for the restoration/rebuild of twelve handball courts. Based on the use of the existing handball courts, the proposed number of courts may be excessive. Reducing the amount of handball courts could provide opportunity to add other elements into the Plan, including reconsideration of a skate park that was initially proposed as part of the Master Plan but was subsequently removed pursuant to the recommendation of the Land Use and Development Committee at their November 22, 2010 meeting. ln addition, the City has been charged with proactively addressing stormwater flooding issues. Should there be a desire to revisit the Master Plan, there is a potential opportunity to include underground stormwater storage within the Park. Wolfberg Alvarez will be providing a presentation on the Flamingo Park Master Plan at the July 25, 2014 Neighborhood/Community Affairs Committee (NCAC) meeting. The Administration seeks direction from the NCAC on whether or not the Flamingo Park Master Plan should continue as planned or should be revisited in order to incorporate elements into the plan that satisfy the current needs of the community. Aris Garcia, representative for Wolfberg Alvarez Partners presented. Commissioner Tobin- lnquired who is looking at the finished renovations of the restrooms. lnquired if this is something we do in-house David Martinez- Stated that yes it is. Commissioner Tobin- Stated to have someone that Mr. Martinez has confidence in look at the finished work. Commissioner Tobin- lnquired who picks out the finishes, tiles, baseboard, fixtures, etc. David Martinez- Stated that what is normally done is the architect makes recommendations based on taste. Aris Garcia, representative for Wolfberg Alvarez Partners spoke. Commissioner Tobin-lnquired what is needed from this Committee. John Rebar- Stated that the objective was to remind the members of the Commission whatthe plans95 are for Flamingo Park. To also see where Administration is today; the teen center on 2'1't Street will no longer be there and there needs to be a new home for the teens. The skate park is still an issue; however, through Land Use it was removed from the plans. The main objective is to move fonryard with construction documents with solidified plans, in order not to have changes once everything has been submitted. Jack Johnson- (resident) spoke. Adam Shedroff- (resident) spoke. Wanda Miusan- (resident) spoke. Jack Johnson- (resident) spoke Commissioner Weithorn- Stated that teens would like a place to hang out with their friends, the Boys and Girls Club is not that type of atmosphere or the right age group for teens. John Rebar- Stated that this is correct. Commissioner Weithorn - lnquired if the PAL is a potential location for the teens. John Rebar- Stated that there is currently an elementary school program being run at the PAL. Commissioner Weithorn- lnquired if there is any way of rethinking that so the PAL can take a more active role. Stated that there needs to be a teen center in South Beach. lt is a real priority to find a place in South Beach for the teen center. Commissioner Malakoff-lnquired if the architect will be planting more trees. Aris Garcia, representative for Wolfberg Alvarez Partners spoke. Commissioner Malakoff- lnquired if the new Boys and Girls Club is already under construction. John Rebar- Stated that yes it is; however, he does not know up tillwhat stage they are completed. Stated that he is trying to engage in a conversation with the director of the Boys and Girls Club to see if there is an opportunity to partner. This is a conversation that has to happen in order to share facilities Commissioner Malakoff- lnquired if there is a possibility of building a teen center near Beach High. Stated that the area of the Par 3 Miami Beach Golf Course would be an ideal location for the new teen center. lt would take a 7-0 vote from the City Commission to use that land. lt is far from single family homes, its close enough to the school but far enough to not be a disruption. Also, stated that she does not feel the City will ever have a skate park. Ray Breslin- (resident) spoke. MOTION: by Commissioner Weithorn to continue with the original plan for Flamingo Park. lf the City does not need the additional handball courts than she does not feel the money should be spent. John Rebar-There are currently tallies being done on the usage of the handball equipment to see how many would actually be needed. Commissioner Weithorn- Stated that continually readdressing plans delays the project and would like to keep future plans without revisions unless it is a pressing emergency. Seconded by Commissioner Steinberg. Commissioner Tobin- Stated that there just is plenty of shade, nice bathrooms and cold drinking fountains. Elizabeth Birla- (resident) spoke. 6. Discussion Regarding South Pointe Park- Washington Avenue Water Feature Remediation. 3:04pm Commission ltem C4F July 23, 2014 (Req uested by Commissioner Malakoff) David Martinez, Capital lmprovements Director presented the item. The South Pointe Park Washington Avenue Water Feature was completed on May 18, 2009. Following the completion of the Water Feature, the Florida Department of Health (DOH) issued a Stop WorUUse Order on July 13, 2009, due to several violations, the most critical being the lack of a permit for use as an interactive water feature. Consequently, the City entered into litigation against the Park's designer and the contractor, for defects and deficiencies including the City's inability to utilize the water feature as intended. On October 15,2012, three remediation alternatives to the plaza were presented to the Neighborhood/Community Affairs Committee (NCAC). The Committee unanimously moved to the City Commission the approval for the reconstruction of the water feature 96 as a non-interactive amenity. The reconstruction of the plaza could incorporate the water fountains and water cannons into a non-interactive environment that would physically prevent pedestrians from accessing the water but still maintain the originaldesign aesthetic and provide the same amenityfor users of the park. On April 2,2014, the CIP Department contracted the firm of EDSA lnc., (EDSA) to develop options that would follow the recommendations from the October 15,2012 NCAC. After various meetings and presentations between EDSA and City Staff, two (2) options were developed and are attached. These are briefly described below: OPTION 1 : This option re-purposes and utilizes much of the existing water feature as possible and maintains the overall intent of the plaza, but modifies it to address the major concerns. The water cannons have been re-purposed as misting stations for cooling-off and the at-grade fountains have been converted to elevated water components. All of the existing mechanical systems will be re-used and the fountains will remain in the existing locations. The brick pavers have been replaced with concrete that contains sea shells as aggregate in order to incorporate materials which are already in use throughout the Park. Landscaped areas have been and enhanced. The cost of Option 1 is estimated at 91,235,443 and the construction duration will not exceed 6 months. OPTION 2: This option echoes the original intent and form of the park, but departs somewhat from its original structure. The design re-works the existing at-grade water fountains into raised, elongated and elevated water components at the center of the plaza and eliminates the water cannons completely. The new water component arrangement presents a linear extension leading the attention towards the Government Cut inlet. The landscape areas are expanded, with more coconut palms. Existing benches are strategically relocated under the shade of coconut palms and the floor brick pavers are replaced with concrete and coral stone paths in order to incorporate materials that are already in use throughoutthe park. The cost of Option 2 is estimated at $1,503,844. The construction duration will not exceed 6 months. EDSA has finalized the conceptualdesign of two (2)options and is prepared to make a presentation to the Neighborhoods/Community Affairs Committee for the selection of the option that will be recommended to the City Commission for the replacement of the existing, inoperable waterfeature at the Washington Avenue entrance to South Pointe Park. City Administration is requesting a recommendation by the Neighborhoods/Community Affairs Committee, of one of the two options presented for approval. The option recommended will be presented to the City Commission for approval. Representatives of EDSA Eric Probes and Betsy Suitor presented. Commissioner Malakoff- stated that the South Pointe Park sign on Option 2 is attractive and inquired if it was possible to incorporate that sign into Option 1. Betsy Suitor- (representative of EDSA) spoke. Eric Probes- (representative of EDSA spoke. Ronald Starkman- (resident) spoke. David Martinez- Started that the scope of this project was the water feature and that he does not disagree with Mr. Starkman. However to do something in those two islands that isn't coordinated with this project would not be a good idea. A possibility would be to do something separate. There may be some funding from the South Pointe fund to pay for a separate prolect. Ronald Starkman - (resident) spoke. Kathie Brooks, Assistant City Manager- Stated that there are28 million dollars that is uncommitted. Stated that based on what the recommendation was from the Finance Committee and if the MOI with the County is implemented there is about 14 million left in the South Pointe Park fund. Ronald Starkman - (resident) spoke. Betsy Suitor, representative of EDSA-spoke. Ronald Starkman - (resident) spoke. Commissioner Tobin-Stated that he prefers to go with the option that is more reasonably priced. Agreed with Commissioner Malakoff that the Option 2 sign is much nicer. Commissioner Malakoff- Stated that she prefers Option 1. Commissioner Weithorn- Stated that she also prefers Option 1, it is less expensive and it helps to separate the pedestrian walkway from the non-pedestrian area.97 MOTION: by Commissioner Weithorn to move option 1 with positive recommendation to the City Commission. Seconded by Commissioner Steinberg. David Martinez- lnquired if this can be something presented next week, or just attach the drawings to the memo. Commissioner Weithorn- Stated that the representatives from EDSA should take the first option and email it to Mr. Starkman so that the South of Fifth Neighborhood Association knows what the City is doing in that area Commissioner Malakoff-lnquired if all the Commissioners could have the drawings before the Commission meeting in order to have a more efficient meeting. Commissioner Steinberg- Agreed that the drawings of the options before the meeting in order to look at them beforehand. 7. Discussion Regarding The Greation Of A Holistic Plan For Collins Park 4:58pm Commission ltem C4M June 11,2014 (Requested by Commi ssioner Weithorn) John Rebar, Parks and Recreation Director presented the item. Commissioner Weithorn- Stated that what she is proposing is to have a conversation on this issue and have the Bass Museum, the hotel owners, and speak of this holistically so everyone has an opportunity to have some input. Commissioner Steinberg- Believes this is a great idea. MOTION: by Commissioner Weithorn to have a conversation with the Bass Museum, business, owners, hotel owners, and all interested parties in order to have a holistic conversation about future plans for Collins Park. Seconded by Commissioner Steinberg. Ray Bresline (resident) - spoke. Commissioner Weithorn- Stated that Administration can do the first half of this without money, and then Administration can always come back and ask for a budget amendment for additional dollars. lnquired if this project would constitute as a quality of life amendment, thus be available for quality of life dollars. Kathie Brooks- Stated that yes, the quality of life dollars could be used; however, there may be some challenges using it. Stated that this is something she would have to double check on. 8. Discussion Regarding Automated External Defibrillators (AED) ln Public Places. 5:02pm Commission ltem C4M, July 23, 2014 (Requested by Commissioner Weithorn) Virgil Fernandez, Fire Chief and Chief Frank Betancourt presented the item. An automated external defibrillator (AED) is a lightweight, portable device that delivers an electric shock through the chest to the heart. The shock can stop an irregular rhythm and allow a normal rhythm to resume in a heart in sudden cardiac arrest. Sudden cardiac arrest is an abrupt loss of heart function. lf it's not treated within minutes, it quickly leads to death. Sudden cardiac arrest is the leading cause of death in the United States. Over 350,000 people will suffer from sudden cardiac arrest this year. lt can happen to anyone, anytime, anyruhere and at any age. An AED is the only effective treatment for restoring a regular heart rhythm during sudden cardiac arrest even if cardiopulmonary resuscitation (CPR) is performed. An AED is an easy to operate tool even for someone without medical education and/or training. The American Heart Association supports placing AEDs in targeted public areas in an easily seen and accessible location. For cardiac incidents, the average response time for Miami Beach Fire Department personnel once a call is dispatched is approximately 5 minutes. For each minute defibrillation is delayed, the chance of survival is reduced approximately 10%. By having AEDs in public places, bystanders are able to respond and treat individuals who are experiencing sudden cardiac arrest. 98 Local governments have authorization to adopt ordinances to require, license, permit and inspect AEDs. The City's existing Code for regulating the health, safety, and general welfare does not recognize that there are devices that may be desirable to provide emergency medical treatment to City residents at certain public establishments; and, the City has received requests to require AEDs at certain buildings in the interest of public safety to provide emergency services for City residents that may need assistance for cardiac arrest. Any person or entity who, in good faith and without compensation, uses an AED to provide emergency care or treatment shall be immune from civil liability for any personal injury resulting from the care or treatment, or resulting from any act or failure to act in providing or arranging further medical treatment, if the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances. AEDs give a shock only for ventricular fibrillation or another life-threatening condition called pulseless ventricular tachycardia and will not shock for any individuals who do not need the defibrillation. Federal Grant money is available through the Community Access to Emergency Devices Act (Community AED Act). The grants, to be made available to applying states and localities, would be used for the purchase and placement of AEDs in public places where cardiac arrests are likely to occur. Grant funds would also be used to train first responders to administer immediate life-saving care, including AED use and cardiopulmonary resuscitation (CPR). The bill also encourages private companies to purchase AEDs and to train employees in CPR and emergency defibrillation. ln the interest of public safety and the health and generalwelfare of the public, and in response to public requests, the Administration recommends requiring certain public places to make AEDs easily and readily accessible to the public. The Administration recommends supporting the creation of an ordinance to that effect forfirst reading at the September Commission meeting. Commissioner Steinberg- lnquired if there was once an ordinance passed to have these AEDs in all of our public spaces. Commissioner Weithorn- Stated that when this was first done it was during tough economic times; therefore, the City took a very small approach. Now that the economy has improved this issue should be looked at once again. Commissioner Tobin- Stated that he knows several progressive police departments have AEDs in their police cars. Virgil Fernandez - Stated that Police Chief Oates intents to have AEDs in all police cars. Commissioner Weithorn -Stated that what was established is public places of assembly are described in the Florida code. lt is defined as, any buildings in excess of 20,000 square feet, gymnasiums, fitness centers and recreational centers in excess of 15,000 square feet, restaurants are included but would like to have restaurants, bars, and clubs included because bars and clubs need them as well, commercial and retail space in excess of 3,500 square feet, and all hotels and motels; however, there should be over a certain number of room, some of the smaller places don't need them. Stated that the cost is significantly lower than anticipated, it is between 1,200 to 1 ,500 dollars perAED. Stated that some small motels with 8 or 12 rooms should be exempted from having to have AEDs. Commissioner Steinberg- Stated that she believes it is a great idea. Commissioner Weithorn- Stated that the issue with hotels and motels can be revisited to decided what is minimum number of rooms a hotel or motel must have to be required to have an AED. Maybe the BTRs can be examined to make that decision. Virgil Fernandez- Stated that it is difficult to say that people that stay at small hotels don't have heart attacks, what can be done is start with the bigger hotels and as the program continues to grow, it can be implemented to the smaller locations. As the technology advances it can only get more affordable. Ray Breslin (resident) - spoke Commissioner Weithorn - Stated that it is a great point there is some buying power in implementing a program as described. Virgil Fernandez- Stated that a few years ago the State tried to implement this by having it required in99 the fire marshal's code; however, it died in Tallahassee. There are things that can be done that may cost a little more, but it's worth it in regards to battery life. MOTION: by Commissioner Weithorn to move the item to City Commission with positive recommendation. Seconded by Commissioner Steinberg. Commissioner Steinberg- Stated that when this is brought fonrvard could Administration bring back everything that was brought up in this meeting in regards to having them in police cars and starting with larger hotel, etc. Other Business: Commissioner Weithorn- Stated that she would like to clean the pending list. Stated that the first four items have not been heard in over six months, therefore should be removed. Commissioner Weithorn- For the purpose of bringing back the vegetable garden item, let's say that it has been discussed and ask Administration to bring it back. Commissioner Tobin- Would like to see the nude establishment ordinance brought back to the next NCAC meeting. 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