Agenda_Oct 22,2014_final revisedr -f. --. @
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MIAMIBEACH
Gity Commission Meeting
City Hall, Gommission Chambers, 3rd Floor, 1700 Convention Center Drive
October 22,2014
Mayor Philip Levine
Vice-Mayor Michael Grieco
Comm issioner Joy Malakoff
Com m issioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visrt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Articte Vll, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires
the registration of all lobbyists with the City Glerk prior to engaging in any lobbying activity
with the City Commission, any City Board or Committee, or any personnel as defined in the
subject Code sections. Copies of the City Code sections on lobbyists laws are available in the
City Clerk's Office. Questions regarding the provisions of the Code should be directed to the
Office of the City Attorney.
Special note: ln order to ensure adequate public consideration, if necessary, the Mayor and City
Commission may move any agenda item to the alternate meeting date, which will only be held if needed. ln
addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without
reaching all agenda items.
Call to Order - 8:30 a.m.
lnspirational Message, PIedge of Allegiance
Requests for Additions, Withdrawals, and Deferrals
The City Commission will recess for lunch at approximately 12:00 p.m.
Presentations and Awards Reqular Aqenda
PA Presentations and Awards R2 Competitive Bid ReportsR5 Ordinances
Consent Aqenda R7 Resolutions
C2 Competitive Bid Reports Rg New Business & Commission Requests
C4 Commission Committee Assignments R10 City Attorney Reports
C6 Commission Committee Reports
C7 Resolutions Reports and lnformational ltems
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
1
Commission Agenda, October 22, 201 4
Presentations and Awards
Presentations and Awards will take place on October 29,2014.
CONSENT AGENDA
G4 - Gommission Gommittee Assignments
C4A Referral To The Planning Board - Proposed Amendments To The Land Development Regulations
To Establish Demolition Procedures For All Properties ln The City.
(Sponsored by the Land Use and Development Committee)
(Legislative Tracking: Planning)
C4B Referral To The Finance And
Medical Center.
Citywide Projects Committee - lntermodal Facility At Mount Sinai
( Pa rki ngff ransportation )
C4C Referral To The Neighborhood/Community Affairs Committee To Discuss A Way To Streamline
The Process So That Miami Beach Senior High School Band Can Play ln Public Venues.
(Requested by Commissioner Edward L. Tobin)
G6 - Commission Gommittee Reports
COA Report Of The Land Use And Development Committee Meeting Of October 1, 2014: 1)
Discussion On Telecommunications Ordinance. 2) Discussion On An Overlay Districts: a)
Washington Avenue; b) North Beach. 3) Discussion On Proposed Amendments To The City
Code Pertaining To Alcoholic Beverage Establishments (Chapter 6); Requirements For
Determining The Size And Square Footage Of "Accessory Uses" ln Relation To The Main
Permitted Use; And The Clarification Of Threshold Standards For Neighborhood lmpact
Establishments. 4) Discussion Regarding An Ordinance Amendment To Chapter 106 Relating To
Parking To Require A Parking Plan During Construction For Commercial Building Projects. 5) a)
Discussion On Revising A Proposed Amendment To The Land Development Regulations To
Establish Demolition Procedures For All Properties ln The City. 5) b) Discussion Regarding
Proposed Ordinance To Establish Demolition Procedures Outside Of Historic Districts, And The
Potential lmpact On Property Rights. 6) Discussion On Possible Amendments To Chapter 6 And
Chapter 142 Of The City Code. 7) Discussion Of A Proposed Amendment To The Adjusted
Grade Of Required Yards ln Reference To Seawall Built At 5'7" NAVD. 8) Discussion On
Amending Chapter 118 Relating To Variance; To Modify The Land Development Code To
Provide Exclusive Jurisdiction Over Distance Separation Variances For Alcohol Establishments
To The Board Of Adjustment. 9) Creation Of A Waiver To The Minimum Requirement Of 100
Hotel Rooms For Special (Series S) Liquor Licenses. 10) An Ordinance Amendment Establishing
Stand Alone Bars, Dance Halls And Entertainment Establishments Located ln A CD-2 District ln
North Beach As A Conditional Use. 11) Discussion On Proposed Amendments To The Single
Family Home Ordinance (Rear Yard Swimming Pools).
2
Commission Agenda, October 22, 2014
C6 - Gommission Committee Reports (Continued)
C6B Report Of The Neighborhood/Community Affairs Committee Meeting Of September 24,2014: 1)
Discussion Regarding Workforce Housing. 2) Discussion Regarding The Co-Designation Of 21't
Street As Collins Park South And 22nd Street As Collins Park North. 3) Discussion Regarding
Removing The "Arthur Godfrey Road" Co-Name For 41"1 Street. 4) Discussion Regarding Artist
And Non-Profit Vendor Ordinances. 5) Discussion Regarding Adding Pride/Rainbow Colors To
The Street Signs From lOth To 2oth Streets On Washington/Collins/Ocean, As Per The
Recommendation Of The LGBT Business Enhancement Committee. 6) Discussion Regarding
Designating A Street "Women's Club Way" To Honor The Historic Women's Club ln Miami Beach.
C6C Report Of The Flooding Mitigation Committee Meeting Of September 3, 2014: 1) Update From
The Mayor's Blue Ribbon Panel On Flooding And Sea Rise. 2) Update Of Ongoing Projects. 3)
Utilization Of Public Right Of Way Swale For Stormwater Management. 4) Discussion Of Grade
Requirements For New And Remodeled Structures. 5) Status Of Hiring Of Staff Hydro Geologist.
COD Report Of The Joint Finance And Citywide Projects Committee And The Neighborhood/
Community Affairs Committee Meeting Of September 24,2Q14:1) Discussion Regarding Bicycle
Safety Campaign With The Miami Beach Police Department, Decobike And Local Bicycle Rental.
2) A. Discussion Regarding Financial lmpact Of The Proposed Roadway Closure Applications For
87 Street And 87 Terrace Filed By 8701 Collins Development. B. Discussion Regarding A
Resolution Approving The Vacation And Abandonment Of That Portion Of 87th Terrace East Of
Collins Avenue, Consisting Of A 50 Foot Right-Of-Way (ROW) Containing Approximately 18,042
Square Feet ln Total Lot Area, As Shown On The Plat Of Altos Del Mar Subdivision No. 2,
Recorded ln Plat Book 4, Page 162 OI The Public Records Of Miami-Dade County, ln Favor Of
8701 Collins Development, LLC (The "Applicant"); With Such Vacation Subject To And
Contingent Upon The City's Approval, And The City And Applicant's Execution, Of A
Development Agreement Which, Among Other Terms And Conditions (1) Grants To The City A
Perpetual Pedestrian Access Easement Across A Portion Of The Vacated City ROW, And (2)
Ensures Applicant's Payment Of A Voluntary Monetary Contribution, ln The Amount Of $10.5
Million Dollars, To Be Used By The City For Public Purposes; And With Such Vacation Further
Subject To And Contingent Upon Applicant's Satisfaction Of The Conditions Set Forth ln This
Resolution. 3) Discussion Regarding South Shore Community Center, 833 6th Street, Miami
Beach, Florida, Regarding Whether The City Should: 1) Renew Certain Existing Agreements,
lncluding Various Expansions, Downsizes And Relocations; 2) Execute A New Lease Agreement
With South Florida Workforce lnvestment Board; And 3) lncrease The Additional Rent. 4)
Discussion Regarding Exploring lssues Brought Up ln An lnternal Audit Of The Miami Beach
Police Athletic League (PAL), Specifically Regarding Utility Fees That Are Past Due. 5)
Discussion To Permit The Vacation Of A RightOf-Way Parcel On The North Side Of 5860 North
Bay Road And Approve A Storm Water Utility Easement, To Facilitate The City's Storm Water
lmprovements On The South Side Of The Same Property. 6) Discussion Regarding Potential
Purchase Of Air Rights For 6940 Abbott Avenue From AT&T For Future Development Of A
Parking Garage ln The North Beach Town Center. 7) Discussion Regarding Police And Parking
Department Towing Permit Requirements. 8) Discussion To Consider A Request For Rent Relief
From Penn 17, LLC., Regarding The Retail Space At The Pennsylvania Avenue Parking Garage.
9) Discussion Regarding A New Program For Expedited Lien Searches With A Turn-Around Time
Of One To Two Business Days; Charging Customers $250.00 For An Expedited Certified Lien
Search And $300.00 For An Expedited Certified Condominium Lien Search lncluding Common
Areas. Joint ltem: 10) Discussion Regarding The Future Location Of 21"1Street Teen Center ln
The Vicinity Of Miami Beach Senior High School.
3
Commission Agenda, October 22, 201 4
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Take The
Following Actions: 1) Submit A Grant Application To The Florida Junior Golf Council, For Funding
ln The Approximate Amount Of $5,000 For The Normandy Shores Youth Golf Program; 2) Submit
An Application To Florida Department Of State, Division Of Historical Resources For Funding ln
The Approximate Amount Of $350,000 For The Restoration Of The 28th Street Obelisk; 3)
Submit A Grant Application To The US Department Of Homeland Security, Federal Emergency
Management Agency (FEMA), Emergency Food And Shelter Program, For Funding ln The
Approximate Amount Of $40,000 For Phase 32 For Emergency Food And Shelter Assistance;
And Retroactive Approval For The Following: 4) Submittal Of A Grant Application To Miami-Dade
County Homeless Trust, For lnclusion ln The Application To Be Submitted By The Miami-Dade
County Continuum Of Care For The 201412015 U.S. HUD Notice Of Funding Availability (NOFA)
For The Continuum Of Care Program, For Funding, ln The Amount Of $65,212, For The City's
Homeless Outreach Program; 5) Submittal Of An Application To The Knight Foundation, Knight
News Challenge On Libraries, For A Technology Access Program; 6) Submittal Of An Application
To The United States Conference Of Mayors, Childhood Obesity Program For Funding ln The
Approximate Amount Of $120,000 For A Food And Nutrition Program For Youth; Approving And
Authorizing The Appropriation Of The Above Grants And Funding Requests, lncluding Any
Requisite Matching Funds And City Expenses; And Further Authorizing The City Manager Or His
Designee To Take All Necessary Steps And Execute All Necessary Documents ln Connection
With The Aforestated Grants And Funding Requests, lncluding, Without Limitation, Applications,
GranVFunding Agreements And Audits.
(Budget & Performance lmprovement)
C7B A Resolution Accepting The Recommendation Of The City Manager To Reject The Single
Proposal Received, Pursuant To Request For Qualifications (RFO) No. 2014-237-JR: For Plans
Review, lnspections And Permit Clerk Services; Authorizing A Continuing Month-To-Month
Extension Of Contract Number RFP-47-08/09 For Plans Review And Building lnspector; And
Authorizing The lssuance Of A New RFQ.
(Build ing/Procurement)
C7C A Resolution Relating To Urging The State Legislature And The Federal Food And Drug
Administration To Enact Regulations Requiring The Disclosure And Mandatory Labeling Of All
Genetically Engineered Food Products; And ln The lnterim, Urge The Companies That Provide
For The Distribution, Manufacturing And Production Crops Or Food Products To Voluntarily Label
The Crops And Food Products That Have Been Genetically Engineered.
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: City Attorney's Office)
C7D A Resolution To Urge The Children's Trust And The Miami-Dade County School Board To
Support And Finance Comprehensive School-Based Health Centers ln Miami Beach Public
Schools; Particularly, By Placing A Center ln The City Of Miami Beach At A Miami Beach Public
School; And Sustain The Registered Nurse Health Suites Within Miami Beach Public Schools
And Feeder Schools.
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: City Attorney's Office)
4
Commission Agenda, October 22, 2014
C7 - Resolutions (Continued)
C7E A Resolution Electing Commissioner Joy Malakoff,
Commencing On November 1, 2014 And Terminating
When A New Vice-Mayor ls Thereafter Elected.
(City Clerk's Office)
Group lll, As Vice-Mayor, For A Term
On February 28, 2015, Or On Such Date
CTF A Resolution Approving And Authorizing The lssuance Of A Request For Letters Of lnterest
(RFLI) From Human Service Providers And Others ln Anticipation Of Pursuing Grant
Opportunities Through The Children's Trust; Local, State And Federal Funding Agencies; And
Private Foundations; And Authorizing The City Manager Or His Designee To Execute
Memoranda Of Understanding With Selected Entities, ln Furtherance Of And Consistent With The
Aforestated Funding Opportunities.
(Housing & Community Services)
C7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 3
To The Professional Services Agreement With lndustrial/Organizational Solutions, lnc., Dated
July 18, 2012, Said Amendment To Provide Additional Testing Services During The Third
Contract Year For Classified Promotional Classifications ln The Fire Department; And Requesting
Additional Funding, ln An Amount Not To Exceed $71,000.
(Human Resources)
C7H A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
To Pilot Strategic Pricing At Municipal Parking Lot No. P71 And A Commercial On-Street Parking
Area, To Be Determined By The City Manager.
(Parking)
c7l A Resolution Retroactively Approving And Authorizing The Acceptance Of The 1,200 Orchids
Donated By Pine Ridge Orchids, lnc., Which Orchids Are Valued At $20,730, And Were Planted
Throughout The City's Park System.
(Parks & Recreation)
C7J A Resolution Authorizing The City Manager And City Clerk To Execute Mutual Aid Agreements
With The Following Governmental Agencies: 1) Village Of El Portal, Florida; 2) Florida City,
Florida; 3) City Of Hialeah, Florida; a) City Of Homestead, Florida; 5) lndian Creek Village,
Florida; 6) Village Of Key Biscayne, Florida; 7) Miami Shores Village, Florida; 8) City Of North
Bay Village, Florida; 9) City Of North Miami, Florida; 10) City Of North Miami Beach, Florida; 1'l)
Village Of Pinecrest, Florida; 12) City Of South Miami, Florida; 13) City Of Sunny lsles Beach,
Florida; 14) Town Of Surfside, Florida; 15) City Of Sweetwater, Florida; 16) City Of Virginia
Gardens, Florida; For The Purpose Of Coordinating Law Enforcement Planning, Operations, And
Mutual Aid Benefit Between The City Of Miami Beach And Village Of El Portal, Florida City, City
Of Hialeah, City Of Homestead, lndian Creek Village, Village Of Key Biscayne, Miami Shores
Village, City Of North Bay Village, City Of North Miami, City Of North Miami Beach, Village Of
Pinecrest, City Of South Miami, City Of Sunny lsles Beach, Town Of Surfside, City Of
Sweetwater, And The City Of Virginia Gardens.
(Police)
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Commission Agenda, October 22, 2014
C7 - Resolutions (Continued)
C7K A Resolution Approving And Accepting An Easement From Talmudic University ("Talmudic"),
Said Easement To Be Located ln The Northwest Corner Of The Property, Westerly And Adjacent
To The City's Water Pump Station No. 41, For The Maintenance, Repair, Replacement,
Relocation And Removal Of The City's Water Main.
(Public Works)
C7L A Resolution Waiving By 5/7th Vote, The Competitive Bidding Requirement, Finding Such Waiver
To Be ln The Best lnterest Of The City, And Authorizing The City Manager To Execute A Letter
Of Agreement With Jewish Community Services Of South Florida, lnc., ln The Amount Of
$44,000, For Provision Of Litter Control And Sanitation Support Services, Through JCS's HOPE
Program, ln The Area From sth To 11th Streets, Between Lenox And Meridian Avenues.
(Public Works)
C7M A Resolution Approving Pursuant To 2-367(d), Of The City Code, The Sole Source Purchase Of
Software Updates For Geographic lnformation Systems (GlS) And Authorizing The City Manager
And City Clerk To Execute A Small Municipal And County Government Enterprise License
Agreement (ELA) With Environmental Systems Research lnstitute, lnc. (ESRI) For A Three (3)
Year Period, At An Annual Cost Of $50,000.
(Public Works/Procurement)
C7N Execute JPA With FDOT For Turf And Landscape Maintenance Services On MacArthur
Causeway And Julia Tuttle Causeway1. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Joint
Participation Agreement (JPA) With The Florida Department Of Transportation (FDOT) For
The Turf And Landscape Maintenance Services On l-395 (MacArthur Causeway), From The
East Side Of Watson lsland, To The West Side Of East Channel Bridge, At An Annual Cost
Of $22,774.20, To Be Paid To The City By FDOT; Said Agreement Commencing On
November 1,2014, And Concluding On October31,2015, With An Option To Renew For
Two (2) Additional Years.
(Public Works)
2. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Joint
Participation Agreement (JPA) With The Florida Department Of Transportation (FDOT) For
The Turf And Landscape Maintenance Services On l-195 (Julia Tuttle Causeway), From
The East Side Of The lntracoastal Watenruay, To The Easternmost Edge Of Alton Road, At
An Annual Cost Of $260,000, To Be Paid To The City By FDOT; Said Agreement
Commencing On November 10, 2014, And Concluding On November 9, 2015, With An
Option To Renew For Two (2) Additional Years.
(Public Works)
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Commission Agenda, October 22, 201 4
C7 - Resolutions (Continued)
C7O A Resolution Retroactively Approving And Authorizing The City Manager To lssue A Certification
Of Consistency With The City's FY 2013-2017 Consolidated Plan To The Miami-Dade County
Homeless Trust (Trust) For Their Application Of Funding Through The U.S. Department Of
Housing And Urban Development's (HUD) Notice Of Funding Availability (NOFA) For The
Continuum Of Care (CoC) Program; Further Authorizing The City Manager To Execute Any
Subsequent Certifications Of Consistency With The City's Consolidated Plan For Renewal And
New Applications Of Funding For: The City's Homeless Services Program; Carrfour Supportive
Housing, lnc.; And Douglas Gardens Community Mental Health Center Of Miami Beach, lnc., To
Continue Providing Outreach, Housing And Supportive Services To Homeless Persons ln Miami
Beach.
(Housing & Community Services)
C7P A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee And Setting A Public Hearing For The Co-Designation Of 21't Street As "Collins Park
South" And 22nd Street As "Collins Park North."
(Transportation)
C7Q A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee And Setting A Public Hearing For The Co-Designation Of 24th Street Between Pine
Tree Drive And Flamingo Drive As "Miami Beach Women's Club Way."
(Requested By Commissioner Weithorn)
(Legislative Tracking: Transportation )
C7R A Resolution Authorizing The Administration To Negotiate Amendment No. 2 To The Contract
Between The City And lnktel Contact Center Solutions LLC (lnktel), Dated April 26, 2013; Said
Amendment lncreasing The Scope Of Services To lnclude Call Center Services For The
Transportation Department, For An Amount Not To Exceed $46,000 Annually; And Further
Authorizing The City Manager And City Clerk To Execute Amendment No. 2 Upon Conclusion Of
Successfu I Negotiations By The Adm i n istration.
(Transportation)
C7S A Resolution Approving A Settlement Agreement With lnternational Nonwovens And Disposables
Association (INDA) Of The Nonwoven Fabrics lndustry ln Connection With The IDEA 2016 Show
ln An Amount Not To Exceed Two Hundred Seventy-Five Thousand Dollars ($275,000).
(Tourism, Culture & Economic Development)
7
Commission Agenda, October 22, 2014
C7 - Resolutions (Continued)
C7T A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
With Respect To Hiring A Commercial Real Estate Broker To Analyze The City-Owned Retail
Space Located At 1661 Pennsylvania Avenue, Miami Beach, Florida 33139, Which ls The
Subject Of A Lease (Lease) Between The Miami Beach Redevelopment Agency (RDA) And The
City (Collectively, Lessor) And Penn 17, LLC (Lessee); And Requiring Lessee To Retroactively
Pay lnterim Base Rent, ln The Amount Of $24,474.00, Plus Common Area Maintenance (CAM)
As Required Under The Lease, All With Applicable Sales Tax, Effective July 1, 2014, Pending
Receipt Of The Analysis And Completion Of Negotiations; And Further Providing That lf Lessee
Fails To Pay Said lnterim Base Rent And CAM, Tenant Shall Be Considered ln Default Under
The Lease.
(Tourism, Culture & Economic Development)
End of Consent Agenda
8
Commission Agenda, October 22, 201 4
REGULAR AGENDA
R5A
R5 - Ordinances
Tree Preservation And Protection Ordinance
An Ordinance Amending Chapter 46 Of The Miami Beach City Code, Entitled "Environment," By
Amending Article ll, "Care And Maintenance Of Trees And Plants," By Amending Division 2,
"Trees"; To Amend The Definitions, Purpose And lntent; Scope, Applicability And Exemptions;
Permitting Application Requirements, Notice And Procedures For Obtaining Permits; lmposing
Criteria And Conditions For Tree Removal And Relocation; Tree Replacement; Tree Preservation
And Protection Requirements; Defining And Protecting Heritage And Specimen Trees;
EstablishingAMiamiBeachTreePreservationTrustFund;
Defining Trees Constituting A Public Nuisance; Providing For Appeals; Enforcement
And Civil Remedies; Prohibited Species; Duties And Authority Of The Urban Forester; And
Providing For Repealer; Codification; Severability; And An Effective Date. 10:30 a.m. Second
Readinq Public Hearinq
(Sponsored by the Neig hborhood/Com m u n ity Affai rs Comm ittee)
(Legislative Tracking: Public Works)
(Continued from September 17,2014 - RsB)
Definition Of Motion Picture Theater
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter
114, "General Provisions," Section 114-1, "Definitions," ByAdding A Definition Of Motion Picture
Theatre; Providing For Repealer; Codification; Severability; And An Effective Date. 10:40 a.m.
Second Readinq Public Hearing
(Sponsored By City Commission)
(Legislative Tracking: Planning)
(First Reading on September 10,2014 - RsH)
Collins Waterfront Historic District Parking Garage Heights Ordinance
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter
130,.Off-Street Parking,"Article lll, "Design Standards," Section 130-68, "Commercial And Non-
Commercial Parking Garages," By Amending The Maximum Height And Requirements For
Allowable Accessory Commercial And Residential Uses Of Main Use Parking Garages Located
Within The Collins Waterfront Local Historic District; Providing For Codification; Repealer;
Severability; And An Effective Date. 10:50 a.m. Second Readinq Public Hearinq
(Sponsored By Commissioner Jonah Wolfson)
(Legislative Tracking: Planning)
(First Reading on September 10,2014 - Rsl)
R5B
R5C
9
R5D
Commission Agenda, October 22, 201 4
R5 - Ordinances (Continued)
R5E
Conditional Uses ln Collins Waterfront District
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By
Amending 142, "Zoning Districts And Regulations", Article Il, "District Regulations", Division 3,
"Residential Multifamily Districts", Subdivision ll, "RM-1 Residential Multifamily Low lntensity", To
Modify The Conditional Use Requirements For Properties Located Within The Collins Waterfront
Local Historic District; Providing For Repealer; Severability; Codification; And An Effective Date.
11:10 a.m. First Readinq Public Hearinq
(Sponsored by Vice-Mayor Michael Grieco)
(Legislative Tracking: Planning)
Short Term Rentals ln Collins Waterfront District
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article lV, "Supplementary
District Regulations," Division 3, "Supplementary Use Regulations," To Modify The Regulations
And Requirements For Short Term Rentals To lnclude Properties Located Within The Collins
Waterfront Local Historic District; Providing For Repealer; Severability; Codification; And An
Effective Date. 11:20 a.m. First Reading Public Hearinq
(Sponsored by Vice-Mayor Michael Grieco)
(Legislative Tracking: Planning )
RsF Faena District Comprehensive Plan And District Overlay
1.Comprehensive Plan - Faena District Overlay
An Ordinance Amending Policy 1.2 Of The Future Land Use Element Of The
Comprehensive Plan Pursuant To The Procedures ln Section 163.3184(3), Florida
Statutes, By Modifying The Medium Density Multi Family Residential (RM-2) And The
High Density Multi Family Residential (RM-3) Future Land Use Categories To Establish
The "Faena District Overlay" ln Order To Allow For Place Of Assembly, Restaurant, Retail
And General Office As Main Permitted Uses Within lts Boundaries; Providing For
lnclusion ln The Comprehensive Plan, Transmittal; Repealer; Severability; And An
Effective Date. 11:30 a.m. First Readinq Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
Faena District Overlay
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of
Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations" Article lll
"Overlay Districts", Creating Division 9 "Faena District Overlay", To Expand The Allowable
Uses ln The Faena District Overlay To lnclude Place Of Assembly, Retail And General
Office As A Main Permitted Use ln Limited Circumstances, To Permit New Construction ln
The Underlying RM-3 Portion Of The Faena District Overlay To Be 220 Feet ln Height;
Providing For Repealer; Severability; Codification; And An Effective Date. 11:30 a.m.
First Readins Public Hearins
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
2.
10
10
Commission Agenda, October 22, 201 4
R5 - Ordinances (Continued)
RsG MXE Setbacks
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 142, "Zoning Districts And Regulations," Article ll, "District Regulations"', Division 13,
"MXE Mixed Use Entertainment District," Section 142-547, "Setback Requirements," By
Amending The Setback Requirements To lnclude Separate, Reduced Setback Requirements For
Commercial Buildings Which Do Not Contain Any Hotel Or Residential Units; Providing For
Codification; Repealer; Severability, And An Effective Date. First Readinq
(Sponsored by Vice-Mayor Michael Grieco)
(Legislative Tracking: Planning)
RsH Definition Of Unified Development Site
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter llS, "Administration And Review Procedures," Article l, "ln General," Section 118-5,
"Unity Of Title; Covenant ln Lieu Thereof," By Amending The Requirements And Standards For A
Covenant ln Lieu And By Providing A Definition For Unified Development Site; Providing For
Codification, Repealer, Severability And An Effective Date. First Readinq
(Sponsored by Commissioner Edward L. Tobin)
(Legislative Tracking: Planning)
R5t RPS Heights And Lot Aggregation
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 142,"Zoning Districts And Regulations" Article ll, "District Regulations" Division 18, "PS
Performance Standard District," Amending Section 142-696 "Residential Performance Standard
Area Requirements," By Amending The Maximum Building Height And Lot Aggregation
Requirements ln The R-PS1, R-PS2, R-PS3 And R-PS4 Zoning Districts; Providing For
Codification, Repealer, Severability And An Effective Date. First Readinq
(Sponsored by Land Use & Development Committee)
(Legislative Tracking: Planning)
Parking District No. 5 - Sunset Harbour
An Ordinance Amending The Code Of The City Of Miami Beach, Florida By Amending Chapter
130, "Off-Street Parking," Article ll "District; Requirements," Section 130-33, "Off-Street Parking
Requirements For Parking Districts Nos. 2, 3 4,5 And 6," By Amending The Sunset Provision For
Parking District No. 5; Providing For Codification; Repealer; Severability; Applicability; And An
Effective Date. First Readinq
(Sponsored by Land Use and Development Committee)
(Legislative Tracking: Planning)
R5J
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11
Commission Agenda, October 22, 201 4
R5 - Ordinances (Continued)
R5K Single Family Home Development Regulations
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 114, "General Provisions," Section 114-l, "Definitions," By lncluding Definitions For
'lnterior Side Yard Open Space', 'lnternal Courtyard', 'Terrace' And 'Roof Deck'; By Amending
Chapter 142,"Zoning Districts And Regulations," Article ll, "District Regulations," Division 2, "RS-
1, RS-2, RS-3, RS-4 Single-Family Residential Districts," By Amending The Criteria And
Procedures For The Review And Approval Of Single-Family Residential Construction To lnclude
The Requirement That All Homes On Lots Resulting From A Lot Split Shall Be Reviewed By The
Design Review Board Or Historic Preservation Board, By Amending And Clarifying The
Calculation Of Lot Coverage And Unit Size, By Amending And Clarifying The Calculation Of The
Physical Volume Of The Second Floor, By Amending And Clarifying The Regulations Regarding
Roof Decks, By Modifying The Procedures Pertaining To The lssuance Of Emergency Demolition
Orders And The Review And Approval Of Demolition Requests For Single Family Homes Not
Located Within A Designated Historic District, And By Amending And Clarifying The Posting And
Mail Notice Requirements For The Formal Determinations Of Architectural Significance Of An
Eligible Single-Family Home That ls Proposed To Be Substantially Retained; Providing For
Repealer; Codification; Severability; And An Effective Date. First Readinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
RsL An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled
"Miscellaneous Offenses," By Amending Article ll, Entitled "Public Places," By Amending Division
2, Entitled "Bicycling, Skateboarding, Roller Skating, ln-Line Skating, And Motorized Means Of
Transpo(ation," By Amending Section 70-66, Entitled "Definitions" To lncorporate The Exemption
For Motorized Wheelchairs And Similar Devices Used By Disabled Persons lnto The Definition Of
"Motorized Means Of Transportation," Making Corresponding Amendments Throughout Division
2, And Adding A Definition For High lmpact Periods; By Amending Section 70-67, Entitled
"Prohibited Activities," To Amend The Locations Where Motorized Means Of Transportation Are
Prohibited; By Amending Section 70-69, Entitled "Responsibilities Of Bicyclists, Skaters, And
Persons Operating Electric Personal Assistive Mobility Devices," By Amending The
Responsibilities Set Forth Therein And To lnclude Persons Operating Motorized Means Of
Transportation, By Amending Section 70-70, Entitled "Responsibilities Of Persons And Business
Entities Providing Rentals, Leases, And/Or Tours Of Electric Personal Assistive Mobility Devices,"
By Amending The Responsibilities Set Forth Therein; And By Amending Section 70-71, Entitled
"Enforcement; Penalties," To Provide Housekeeping Amendments; Providing For Repealer,
Severability, Codification, And An Effective Date. First Readinq
(Sponsored by Commissioner Jonah Wolfson)
(Legislative Tracking: Transportation)
RsM An Ordinance Amending Ordinance No. 93-2836 Of The City Of Miami Beach, Regarding The
Establishment Of A Trust Fund For The "City Center/Historic Convention Village Redevelopment
And Revitalization Area," By Amending Section 4 Thereof To Extend The Period Of Funding The
Trust Fund; Providing For Repealer, Severability, And An Effective Date. First Readins
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Tourism, Culture & Economic Development)
12
12
Commission Agenda, October 22, 201 4
R7 - Resolutions
R7A A Resolution Pursuant To Section 142-425(d) Of The City Code, Waiving By 5/7th Vote Of The
City Commission After Public Hearing, The Development Regulations Under Section 6-a(a) To
Allow For Alcohol Sales For Consumption On Site For O Cinema At The Byron Carlyle Theater
And At The Miami Beach Cinematheque Theater; Two Not-For-Profit, Cultural Organizations
Utilizing The Theaters. 9:35 a.m. Public Hearins
(Tourism, Culture & Economic Development)
R7B A Resolution To Consider Approval, Following First Reading/Public Hearing Of A Development
Agreement As Authorized Under Section 118-4 Of The City Code, And Sections 163.3220 -
163.3243, Florida Statutes, Between The City And 8701 Collins Development, LLC ("8701"),
Which Development Agreement: (1) Memorializes The Conditions For Vacating The City's Right
Of Way At 87th Terrace East Of Collins Avenue ("City Parcel"); (2) Grants To The City A
Perpetual Pedestrian Access Easement Across A Portion Of The Vacated City Parcel; (3)
Ensures The Payment Terms For 8701's Payment Of A Voluntary Monetary Contribution, ln The
Amount Of $10.5 Million Dollars, To Be Used By The City For Public Purposes; (4) Delineates
The Conditions For The Construction Of The Project Located At 8701 Collins Avenue As A Hotel
And/Or Residential Condominium Site; And (5) Subject To And Contingent Upon 8701's
Satisfaction Of The Conditions Set Forth ln The Development Agreement; And Further Setting
The Second And Final Reading Of The DevelopmentAgreement ForATime Certain. 1f :00 a.m.
Public Hearinq
(City Attorney's Office)
(Memorandum to be Submitted in Supplemental)
R7C A Resolution Accepting The September 24,2014 Unanimous Recommendation Of The Finance
And Citywide Projects Committee To Dedicate The $10.5 Million Dollar Voluntary Contribution By
8701 Collins Development, LLC (8701), As Contemplated Under Resolution No.2014-28743,
Toward The Area Of North Beach, North Of 69th Street; And To Utilize 50 Percent (50%) Of The
10.5 Million Toward The Revitalization Of North Beach Open Space Park, lncluding Creating An
Endowment Account To Ensure The Future Renewal, Replacement And Maintenance Of The
Park.
(Public Works)
R7D Design Review Board Appeal- DAS Node at 1604 Alton Road
A Resolution Setting A Public Hearing, Pursuant To Section 118-262 Of The City Code, For An
Appeal Filed By ARRP Miami, LLC, Of The Design Review Board's Order Relating To DRB File
No. 23062 To Locate A Distributed Antenna System (DAS) Node At 1604 Alton Road, And
Setting Such Public Hearing For The City Commission Meeting Of
(Planning Department)
R7E A Resolution Setting A Public Hearing To Adopt The Fifth Amendment To The General Fund,
Enterprise Fund, lnternal Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY)
2013114.
(Budget & Performance lmprovement)
13
13
Commission Agenda, October 22, 2014
R7 - Resolutions (Continued)
R7F Accept NCAC Recommendations Regarding Workforce Housing And Area Median lncome
1. A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee And Directing The City Manager To Utilize Targeted Marketing To Prioritize
Placement ln The London House Apartments And ln Those Buildings Anticipated To Be
Acquired From Miami Beach Community Development Corporation, To lnclude The Barclay
Plaza Apartments; Lottie Apartments; Madeleine Village Apartments; Allen House
Apartments; And Neptune Apartments; And Specifically Targeting Those Households
Employed ln Education, Public Safety And Municipal Occupations And Earning Up To
Eighty Percent (80%) Of The Area Median lncome (AMl).
(Housing & Community Services)
A Resolution Accepting The Recommendation Of The Neighborhoods/ Community Affairs
Committee And Directing The City Manager To Pursue The Development Of Workforce
Housing For Households Earning From One Hundred Twenty Percent (120Yo) To One
Hundred Forty Percent (140o/o) Percent Of Area Median lncome; And Further Authorizing
The Use Of Targeted Marketing To Prioritize Placement Of Those Households Employed ln
Education, Public Safety And Municipal Occupations.
(Housing & Community Services)
A Resolution Accepting The Recommendation Of The Neighborhoods/ Community Affairs
Committee And Directing The City Manager To Explore The Development Of Workforce
Rental Housing, To Be Located On The West Side Of The Convention Center Parking Lot;
For And For The Developed Housing To Benefit Households Employed ln Education, Public
Safety And Municipal Occupations And Earning From One Hundred Twenty Percent (120%)
To One Hundred Forty Percent (140%) Of The Area Median lncome (AMl).
(Housing & Community Services)
R7G A Resolution Supporting The State Legislature's Efforts To Amend Section 403.7033, Under
House Bil 1257 And Companion Senate Bill 830, Which Amendments Would Provide For Local
Regulation And Enforcement Of Plastic Bags Under The State's Proposed Guidelines;
Alternatively, Should The Statute Not Be Amended, The City Commission Requests The Repeal
Of Section 403.7033, Florida Statutes, So That Local Governments Are No Longer Preempted
From Enacting Appropriate Legislation Relating To The Regulation Of Plastic Bags.
(Sponsored by Vice-Mayor Michael Grieco)
(Legislative Tracking: City Attorney's Office)
R7H A Resolution Proclaiming October 24,2O1 ,"Teacher And School Staff Breast Cancer Screening
Day ln The City Of Miami Beach;" And Recognizing The Collaboration Of The City Of Miami
Beach/Miami Beach Chamber Of Commerce Healthcare Taskforce, Miami-Dade Public Schools,
And The Mount Sinai Comprehensive Cancer Center ln Their Efforts To Promote Preventive
Health Measures ln Our Community During National Breast Cancer Awareness Month.
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: City Attorney's Office)
2.
3.
14
14
R7t
Commission Agenda, October 22, 201 4
R7 - Resolutions (Continued)
A Resolution Approving And Authorizing The City Manager Or His Designee To Take The
Following Actions: 1) Submit To The State Of Florida, Department Of Environmental Protection,
A Request For lnclusion On The Clean Water State Revolving Fund (CWSRF) Priority List; 2)
Submit To The State Of Florida, Department Of Environmental Protection, A Loan Application For
Planning Funds From The Clean Water State Revolving Fund Program; And, 3) Establish
Pledged Revenues And Execute A Loan Agreement For Planning Funds Through The State
Revolving Fund Program To Finance Proposed Stormwater Bond Projects; Approving And
Authorizing The Appropriation Of The Above Funds, lncluding Any City Expenses; And Further
Authorizing The City Manager Or His Designee To Take All Necessary Steps And Execute All
Necessary Documents Related To The Above Actions And To Provide The Assurances And
Commitments Required By The Loan Application.
(Budget & Performance lmprovement)
R7J A Resolution Approving And Authorizing An Amendment To The FY 201412015 Action Plan; Said
Amendment Authorizing The Reallocation Of $122,492.44 Of FY 201412015 HOME lnvestment
Partnerships Program (HOME) Funds From The London House Project To The Carrfour Harding
Village Project; Providing For A Thirty (30) Day Public Comment Period; And Scheduling A Public
Meeting On The Proposed Amendment To The City's FY 201412015 Action Plan; And Further
Authorizing The City Manager To Execute Any Documents Necessary To Effectuate The
Reallocation Of Said Home Funds To The Carrfour Harding Village Project.
(Housing & Community Services)
R7K A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee And The Finance & Citywide Projects Committee At The September 24,2014 Joint
Meeting To Accept The Recommendation For Staff To Pursue The Feasibility Of The
Development Of A Teen Center At The Scott Rakow Youth Center Parking Lot To Replace The
21't Street Teen Center.
(Parks & Recreation)
R7L A Resolution Accepting The September 24, 2014 Recommendations Of The Finance And
Citywide Projects Committee To Schedule A North Beach Revitalization Plan City Commission
Workshop, And Further Directing The Administration To Begin Negotiations With AT&T For The
Potential Purchase Of Air Rights For 6940 Abbott Avenue From AT&T For Future Development
Of A Parking Garage ln The North Beach Town Center.
(Tourism, Culture & Economic Development)
R7M A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Proposals (RFP) No. 2014-278-ME For Owners
Representative Services For The Miami Beach Convention Center Renovation And Expansion
Project.
(City Manager's Office/Procurement)
15
15
Commission Agenda, October 22, 201 4
R7 - Resolutions (Continued)
R7N A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Qualifications No. 2014-128-ME (The RFQ), For
Legislative Consulting Services; Authorizing The Administration To Enter lnto Negotiations With
The Top Ranked Proposer, Corcoran And Associates, lnc.; And Should The Administration Not
Be Successful ln Negotiating An Agreement With The Top-Ranked Proposer, Authorizing
Negotiations With The Second-Ranked Proposer, Ballard Partners, lnc.; And Should The
Administration Not Be Successful ln Negotiating An Agreement With The Second-Ranked
Proposer, Authorizing Negotiations With The Third-Ranked Proposer, Rutledge Ecenia, P.A.; And
Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of
Successfu I Negotiations By The Adm i nistration.
(City Manager's Office/City Attorney's Office)
(Memorandum & Resolution to be Submitted in Supplemental)
R9 - New Business and Gommission Requests
RgA Board And Committee Appointments.
(City Clerk's Office)
R9A1 Board And Committee Appointments - City Commission Appointments.
(City Clerk's Office)
R9A2 Nominate Ricky Arriola For Reappointment And Larry Colin For Appointment To The Performing
Arts Center Trust (PACT).
(Requested by Mayor Philip Levine)
RgBl Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
R9B2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
RgC Update On The Miami Beach Convention Center Project.
(City Manager's Office)
RgCl Discussion Regarding The Schematic Design Of The Miami Beach Convention Center Project
And Park.
(City Manager's Office)
RgD Discussion Regarding The Possible Future Convention Center Hotel.
(City Manager's Office)
16
16
Commission Agenda, October 22, 2014
R9 - New Business and Commission Requests (Continued)
RgE Report From Miami-Dade County Public Schools On The Status Of The Action Plan Related To
Nautilus Middle School And Progress To Date.
( Organ izatiori Development Performance I nitiatives)
RgF Discussion Regarding Committee For Quality Education Motions Made February And March 2014
Regarding Extended Foreign Language (EFL) Program ln Miami-Dade Public Schools.
(Requested by Commissioner Edward L. Tobin)
(Continued from September 10,2014 - RgF)
RgG Presentation Of The Storm Ready Certification To Our City From The National Weather Service.
(Emergency Management)
RgH Discussion Regarding The Mid-Beach Trolley System.
(Requested by Mayor Philip Levine)
Rgl The Committee Of The Whole Will Meet On October 22,2014|n The City Manager's Office Large
Conference Room To Discuss The 2015 City Commission Meeting Dates.
(City Clerk's Office)
RgJ Discussion Regarding The Civil Forfeiture Policy Of The City Of Miami Beach.
(Requested by Commissioner Jonah Wolfson)
RgK Discussion Regarding The Miami Beach Voter Guide That Was Distributed ln August 2014.
(Requested by Commissioner Jonah Wolfson)
RgL Discussion Regarding A Request For Vacation Of A City Right-Of-Way, Located At The Westerly
End Of West 59th Street, To Ambassa Holdings, lnc. C/O Christian Berdoure, ln Exchange For
Public Access And A Utility Easement Over The Southerly Portion Of The Adjacent Lot 25 To The
Waters'Edge.
(Public Works)
RgM Discussion On The Beautification Of The Alton Road Flyover Bridge At The Eastern End Of l-395.
(Requested by Commissioner Joy Malakoff)
RgN Discussion Regarding Establishing A System For Authorizing Road Or Lane Closures ln The City
Of Miami Beach.
(Requested by Vice-Mayor Michael Grieco)
17
17
Commission Agenda, October 22, 201 4
R9 - New Business and Gommission Requests (Continued)
RgO Discussion Regarding Requiring That Proposed Ordinances Or Ordinance Amendments Be
Sponsored By At Least One Member Of The Commission.
(Requested by Vice-Mayor Michael Grieco)
RgP Discussion And Referral To The Neighborhood/Community Affairs Committee Regarding The
Purdy Boat Ramp, Establishing Rules, Regulations, And Dock Master Position.
(Requested by Vice-Mayor Michael Grieco)
RgQ Discussion Regarding The Letter From CWA President McKinnon Requesting That The
Outsourcing Of Property Maintenance Be Halted And Referred To The November Finance &
Citywide Projects Committee Meeting For Discussion.
(Requested by Commissioner Jonah Wolfson)
RgR Discussion Regarding The Former Administration's Failure To Collect Parking lmpact Fees; An
Update On How This Occurred; And New Policies And Procedures For Future Revenue
Collection.
(Requested by Commissioner Edward L. Tobin)
RgS Discussion Regarding The Committee Of Quality Education Motion Made September 23,2014,
Regarding Nurse Staffed Health Suites ln Miami Beach Public Schools.
(Requested by Commissioner Edward L. Tobin)
RgT Discussion Regarding Middle Flamingo Drive Street Repair.
(Requested by Commissioner Edward L. Tobin)
R10 - Citv Attornev Reports
R10A City Attorney's Status Report.
(City Attorney Office)
18
18
Commission Agenda, October 22, 2014
Reports and lnformational ltems
1. Reports And lnformational ltems (see LIC 349-2014)
2. List Of Projects Covered By The Cone Of Silence Ordinance - LTC.
(Procurement)
3. Report From Commission Committees Of Withdrawn ltems Not Heard Within (6) Six Months
From Their Referral Date.
(City Clerk's Office)
End of Reqular Aqenda
19
19
20
2014 Schedule of City of Miami Beach
City Commission/Redevelopment Agency (RDA) Meetings
and the Presentations & Awards Meetings
The City Commission/RDA meetings will begin at 8:30 a.m., and the Presentation & Awards meetings
will begin at 5:00 p.m. All meetings will be held in the City Commission Chambers, Third Floor, City
Hall, 1700 Convention Center Drive, Miami Beach, Florida.
Commission/RDA Meetings Presentations & Awards Meetings
January 15 (Wednesday) January 22 (Wednesday)
February 12 (Wednesday) February 26 (Wednesday)
March 5 (Wednesday) March 12 (Wednesday)
April 23 (Wednesday) April 30 (Wednesday)
May 21 (Wednesday) May 28 (Wednesday)
June 11 (Wednesday) No Meetings
July 23 (Wednesday) July 30 (Wednesday)
August - City Commission/RDA in recess
September 10 (Wednesday) September 17 (Wednesday)
October 22 (Wednesday) October 29 (Wednesday)
November 19 (Wednesday) November 20 (Thursday)
December 17 (Wednesday) December 18 (Thursday)
F:\CLER\$ALL\a City Commission\2014 Schedule of City of Miami Beach.docx
21
F:\CLER\COMMON\2014\10222014\LOBBYISTS\LOBBYIST LIST.Docx
CITY CLERK’S OFFICE LOBBYIST LIST
October 22, 2014 Commission Meeting
Lobbyist’s Name Retained by Principal Date Registered Amount Disclosed
C7K Accept Water Main Easement From Talmudic University, 4000 Alton Road
Mathew Amster BH 4000 Alton Road 04.09.2013 $350 per hour
Michael Larkin BH 4000 Alton Road 04.09.2013 $250 per hour
C7R Negotiate Amendment 2 to Contract with Inktel to Include Call Center Services for The Transportation Department.
Alexander Heckler J. Ricky Arriola/Inktel Gov BPO Svs 03.12.2013 No compensation
Diana Mendez J. Ricky Arriola/Inktel Gov BPO Svs 03.14.2013 No compensation
R7B Consider Approval Of Development Agreement With 8701 Collins Development, LLC – 1st PH
Rafael Andrade 8701 Collins Development, LLC 07.25.2014 $5,000 per month
Jeffrey Bercow David Martin/Terra Group 12.11.2013 $275 per hour
Alexander Heckler David Martin/8701 Collins Dev. LLC 12.19.2013 $12,000 per month
Graham Penn David Martin/Terra Group 12.10.2013 $445 per hour
Allan Shulman David Martin/Terra Group 12.10.2013 $325 per hour
R7F Accept Recommendation Pursuant to RFP 2014-278-ME For Owners/Rep Services/MBCC Renovations/Expansion.
Alfredo Gonzalez Portman Holdings/CMC Group, Inc. 04.05.2012 $450 per hour
Wayne Pathman CConnecMB 06.03.2012 $450 per hour
22
c4
COMMISSION GOMMITTEE
ASSIGNMENTS
23
g MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and of the City
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT: REFERRAL TO THE PLANNING
PROPOSED AMENDMENTS TO
D-
LAND DEVELOPMENT REGULATIONS
TO ESTABLISH DEMOLITION PROCEDURES FOR ALL PROPERTIES IN THE
ctw
ADMINISTRATION RECOMMEN DATION
Refer an Ordinance Amendment to the Planning Board for consideration and recommendation.
BACKGROUND
On March 11,2014, the Historic Preservation Board (HPB) discussed the issuance of demolition
permits for structures located outside of local historic districts. The Land Development Regulations
(LDRs) of the City Code do not currently provide for any formal demolition process or procedure
when a total demolition permit is requested for any commercial or multi-family structure which is
not locally designated, or within a locally designated historic district. The HPB requested that the
Mayor and City Commission consider having the Administration develop a formal process to be
included in the LDRs, which outline a procedure for the review of demolition permits for potentially
architecturally significant structures which are not locally designated.
On April 23,2014, at the request of the Historic Preservation Board, the City Commission referred
this request to the Land Use and Development Committee. On June 12,2014, the Land Use
Committee discussed the proposal, and recommended that the City Commission refer an
Ordinance Amendment to the Planning Board. On July 23, 2014, the City Commission referred an
Ordinance Amendment to the Planning Board, which incorporated the following:
1. Modifications to Sectionl42-108(0(2) and Section 118-564(0(6) to eliminate any conflict
with the Florida Building Code, including the benchmarks proposed herein.
2. Modifications to the LDR's that include formal demolition rules and procedures for all
structures which are not historically designated and not located within a single family zoning
district.
3. Creation of a definition for'Phased Building Permit'.
4. Establishment of procedures for the removal of specimen trees.
On September 10, 2014, the City Commission took the following actions regarding this item:
1. ltem C4L: At the request of Commissioner Weithhorn, a referral to the Land Use &
Agenda ttem C(4.
oate /o-lZ:k24
Commission Memorandum
Referral to Planning Board - Demolition Procedures Ordinance
October 22, 2014 Page 2 of 4
Development Committee to revise a proposed amendment to the Land Development
Regulations to establish demolition procedures for all properties in the City. As part of this
referral, Commissioner Grieco requested that a requirement for the recycling of material
generated by demolished homes be explored.
2. ltem C4N: At the request of Commissioner Wolfson, direction and authorization was given
for the City Manager to withdraw Planning Board File No. 2199 concerning a proposed
ordinance to establish demolition procedures outside of historic districts, and refer the
Ordinance back to the Land Use and Development Committee (LUDC) to discuss the
potential impact on property rights.
On October 1, 2014, the Land Use Committee discussed the item and recommended that the City
Commission re-refer Ordinance Amendments to the Planning Board incorporating the following:
1. Modifications to Sectionl42-1Q8(fX2) and Section 118-564(0(6) to eliminate any conflict
with the Florida Building Code, including the benchmarks proposed herein.
2. Modifications to the LDR's that include formal demolition rules and procedures for all
structures which are not historically designated and not located within a single family zoning
district.
3. Creation of a definition for'Phased Building Permit'.
4. A requirement for the posting of any single family property where the demolition of a home
is proposed.
5. A requirement for the recycling of material generated by demolished homes.
6. Further study and evaluation of procedures for the removal of specimen trees.
ANALYSIS
Currently, the Land Development Regulations (LDRs) in the City Code do not provide a process for
the approval of a demolition permit, with the exception of structures that satisfy one of the
following:
. The structure is located within the boundaries of a Local Historic District;o The structure is an individually designated Historic Site or Historic Structure;o The structure has been determined to be an Architecturally Significant Single Family Home
constructed prior to 1942.
On April 10,2002, the City Commission adopted an Ordinance establishing demolition procedures
for single family homes which were constructed prior to 1942 and determined to be architecturally
significant, which would require Design Review Board approval for the new construction. Further
City Code Section 118-1OBi0(2) requires that a full building permit for new construction be issuei
prior to the issuance of a total demolition permit.
Further, all structures located within local historic districts or individually designated as historic sites
or historic structures, are required to obtain a Certificate of Appropriateness for Demolition from the
Historic Preservation Board and be issued a full building permit for the new construction, prior to
the issuance of a demolition permit. City Code Sec. 1 18-564(0(6) states:
25
Commission Memorandum
Referral to Planning Board - Demolition Procedures Ordinance
October 22, 2014 Pase 3 o'f 4
A building permit shall not be issued for the demolition of any building, structure, improvement,
landscape feature, public interior or site individually designated in accordance with sections 118-
591, 118-592 and 118-593, or located within an historic district until the new or replacement
construction for the property has been approved and a full building permit for the new construction
has been issued.
Additionally, the Administration would note that the Historic Preservation Board has the discretion
to waive this requirement for structures classified as 'Non-Contributing'.
With regard to the above noted City Code requirements for a obtaining a demolition permit,
Planning Staff has been made aware that this regulation is in conflict with procedures set forth in
the Florida Building Code (FBC), which require the demolition of a structure prior to the issuance of
a permit for new construction that would replace the structure in its entirety.
The Administration believes that the concept and policy of requiring Design Review Board approval
and the issuance of a full building permit for proposed new construction prior to the issuance of a
total demolition permit is in the best interest of the City. Due to this conflict, however, the
Administration would recommend minor modifications to the current demolition procedures set forth
in the LDR's.
First, the Administration would recommend that the existing applicable code sections (Sec. 142-
108(fX2), for pre-1942 single family homes and Sec. 118-564(0(6), for historic properties) be
modified to allow a total demolition permit to be issued prior to the issuance of a full building
permit. However, the Administration would suggest that certain minimum benchmarks be achieved,
prior to the issuance of a demolition permit. These benchmarks would include:
1. The issuance of a building permit process number for new construction; and
2. The building permit application and all required plans for the new construction shall be
reviewed and approved by the Planning Department; and
3. All applicable fees for the new construction shall be paid, including but not limited to,
building permit and impact fees, as well as applicable concurrency and parking impact
fees.
These benchmarks represent a significant investment of resources, which would significantly
reduce property speculation.
Second, the Administration would recommend that formal demolition rules and procedures, similar
to those set forth in the single family home development regulations, be introduced within the Land
Development Regulations, for all buildings located within the City, which are not individually
designated historic or located within a local historic district. These rules and procedures could
utilize the same benchmarks noted above and would be located within a more general are of the
Land Development Regulations.
As it pertains to single family homes, a previous recommendation of the Land Use Committee was
to require the posting of any single family property where the demolition of a home is proposed.
This would apply, primarily to properties with existing homes constructed after the year 1942.
Currently, any home built before 1942 already has a posting requirement as part of either DRB
review, or as part of any formal determination for Architectural Significance.
As part of the revised Tree Ordinance, currently pending before the City Commission, the initial
26
Commission Memorandum
Referral to Planning Board - Demolition Procedures Ordinance
October 22, 2014 Page 4 of 4
procedures for the removal of large, specimen trees are designed to be as follows:
1. When a new application for tree removal/relocation is sought as part of new construction or
a demolition project, an official tree survey will be required to be submitted by the property
owner/applicant to the Public Works Department showing any proposed impacts to tree
resources onsite.
2. The survey would then be reviewed by Public Works Staff (Urban Forester and or
designee) for accuracy and scope to determine if the proposed activities can proceed or
need revisions.
ln addition to this new procedure, as part of the single family demolition permitting process, specific
conditions can be inserted stating that a Greenspace Management Division plan review shall be
required and a tree work permit shall be obtained from the City prior to any existing tree or palm
removals, relocations or impacts onsite.
ln summary, a defined set of predictable rules and procedures for demolition would allow for
consistency with the applicable building code. lt would also discourage the demolition of viable
structures for speculation and prevent an excess of vacant lots. Finally, it should be noted that
none of the changes suggested herein would limit or impact the ability of the Building Official to
exercise discretion under the Florida Building Code to issue Emergency Demolition Orders.
CONCLUSION
ln accordance with the October 1,2014 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer an
Ordinance Amendment to the Planning Board, which incorporates the following:
1. Modifications to Sectionl42-108(fx2) and Section 118-564(0(6) to eliminate any conflict
with the Florida Building Code, including the benchmarks proposed herein.
2. Modifications to the LDR's that include formal demolition rules and procedures for all
structures which are not historically designated and not located within a single family zoning
district.
3. Creation of a definition for'Phased Building Permit'.
4. A requirement for the posting of any single family property where the demolition of a home
is proposed.
5. A requirement for the recycling of material generated by demolished homes.
6. Further study and evaluation of procedures for the removal of specimen trees.
*m,frffi
T:\AGENDAV014\October\Referral to Planning Board - Demolition Procedures MEMO.docx
27
g MIAMIBEACH
City of Miomi Beoch, 1200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSIO MEMORANDUM
Mayor Philip Levine and Members of City Comflission
Jimmy L. Morales, City Manager
October 22,2014
SUB.IECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE -
INTERMODAL FACILITY AT MOUNT SINAI MEDICAL CENTER
BACKGROUND
Mount Sinai Medical Center (MSMC) has plans to upgrade its hospitalwith $205 million in
replacement facilities, including a surgical bed tower, more than double the size of its
emergency department, upgraded inpatient operating rooms, and a new observation unit.
This planned expansion will increase parking demand on their campus and, as such, MSMC
plans to construct a parking garage in the southern portion of their campus to offset parking
lost with the construction of the new facility..
ln the past months, the City and MSMC have discussed opportunities for including an
intermodal facility as part of the parking garage facility. From the City's perspective, an
intermodal facility in the Middle Beach area would be advantageous in promoting mobility
options, including but not limited to: Miami-Dade Transit, trolley/local circulators, additional
parking inventory for employee park and ride, bike sharing, bike lockers, and car sharing.
ANALYS!S
The Administration has conducted a preliminary review and very high level discussions have
taken place with MSMC representatives. At this time, the Administration recommends
referring the issue to the Finance and Citywide Projects Committee (FCWPC) for further
direction.
MSMG Site:
MSMC has available land on the southern and northern portions of its campus which
currently serves as surface parking. Both sites were reviewed and the southern site was
identified by MSMC as the most favorable for varying reasons. While the southern site
results in longerwalking distances to the facilities on the MSMC campus and results in more
tratfic to the back of their campus, the site provides the following benefits:
o Not building close to bay or residentialo Flexibility for future expansion
o Provide sufficient space such that an adjacent lntermodal may be phased (laterdate)
o Dispersion of garage density and locations around campuso Does not require activation of ground level
Agenda ttem C(O
TO:
FROM
DATE:
oate /049-/(28
Commission Memorandum - Refenal to FCWPC - lntermodal Facility at Mount Sinai Medical Center
October 22, 2014
Page 2 of 3
!ntermodal Facility:
The need for an intermodalfacility in Middle Beach was identified and documentedin200T
as part of the Coastal Communities Transit Plan Study completed for Miami-Dade Transit
(MDT) and the City of Miami Beach by the Center for Urban Transportation Research at the
University of South Florida. The study recommended a bus transfer station and park-and-
ride facility to be located within the MSMC campus and determined that such a facility would
be strategically located and advantageous for the following reasons:
o Proximity and access to the Julia Tuttle Causeway/l-195. lmproved connectivity for several existing bus routes. Adequate space for parking, bus operations, and bus stop amenities. Access to the City's streets. Provide a transfer location for a mid-beach circulatorthatwas also recommended as
part of the Coastal Communities Transit Plan Study
Staff's preliminary evaluation has determined thatthe development of a transit hub at MSMC
could potentially improve mobility within the City by enhancing transit transferability and
convenience. Currently, seven (7) MDT bus routes operate along streets surrounding this
facility, with five (5) of these routes having a dedicated stop within MSMC and there are
current plans by MDT to implement regional Express Bus services. ln addition, the
proposed intermodal facility could accommodate the recommended mid-beach circulator
service. These services could be accommodated within a transit hub at MSMC due to its
strategic location.
As a result of MSMC's proposal, City staff reached out to MDT to identify conceptual design
criteria for a transit hub, such as number of bus bays and minimum space requirements.
Based on conversations with MDT staff and a preliminary needs analysis, it is recommended
that eight (8) to ten (10) bus bays be provided within an intermodal facility at MSMC in order
to accommodate the current and future transit demand. The number of bus bays has been
calculated based on the frequency of bus service and scheduled layoverVrecoverytimes, as
well as the potential expansion of the City's Trolley service. Based on industry standards, in
order to accommodate the above recommended number of bus bays, a transit facility at
MSMC would require between 75,000 and 95,000 square feet, including space for about 75
parking spaces dedicated for park-and-ride passengers and bicycle storage.
It is important to note that MSMC has identified a timeline for their parking garage project
that dictates commencement of design no later than early November 2014. As a result, two
options are available to the City for further evaluation:
Option 1: lncorporating the lntermodal Facility within the Proposed MSMC Parking Garage
Traditionally, an intermodal facility is housed on the ground floor level of a parking garage in
order to reduce land cost and gain operational efficiencies. However, due to the time
constraints placed by MSMC, this option may adversely impact their timeline for the
construction of the parking garage.
Option 2: lntermodal Facility as an Ancillary Structure to Proposed MSMC Parking Garage
An intermodal facility could be constructed as a canopied structure on land immediately
adjacent to the parking garage. While not a preferred option, from a design and operational
perspective, it is certainly a viable option as Florida lnternational University (FlU) is in the
process of developing a canopy design for an intermodal facility at its SW 8th Street
Campus.
29
Commission Memorandum - Referral to FCWPC - lntermodal Facility at Mount Sinai Medical Center
October 22, 2014
Page 3 of 3
Aside from the transit benefits, the facility has the potentialto provide for additional parking
in the mid-beach area. Employee parking in particular has become an issue in this area,
particularly along with the Collins Avenue corridor. A joint parking garage/intermodalfacility
could provide additional parking to be used by the employees, linked to their workplace by
either a City or employer-provided circulator/shuttle service. The MSMC lot has the
advantage that it is located at the entrance to the City from the Julia Tuttle Causeway
providing the opportunities for employees to park and transfer to transit services, mitigating
traffic impacts within the City.
MSMC has estimated a need for 500 parking spaces for their garage and there is the
potential to provide additional spaces for the City.
lntermodal Facility Alternative Sites:
The Administration has identified potential alternative sites for an intermodal facility in the
Middle Beach area.
Florida Department of Transportation (FDOT) tract of land located at the east end of
the Julia Tuttle Causeway (on FDOT right-of-way). Historically, FDOT has permitted
this site to the City for varying uses. The site could potentially accommodate an
intermodal facility. Additionally, leasing this site is anticipated to be at a substantially
reduced cost versus private property. lt is worth noting that FDOT recently sold a
32,183 sq. ft. parcel of surplus land to Talmudic University at a cost of $1 ,100,000
(or $34.18 per sq. ft.). Should the City Commission wish to explore the feasibility of
this alternate site, the Administration would pursue a partnership with FDOT for the
construction and joint use of an intermodal facility at this location.
Municipal parking lots on the south and north sides of 41st Street. These lots have
the advantage that are already owned by the City but they have the disadvantages
that they are adjacent to residential areas and would require some level of mitigation,
and they bring traffic from the mainland further into the City before they would be
able to park and transfer to transit service, As an example, Municipal Parking Lot
No. 63, located on 42nd Street between Royal Palm Avenue and Prairie Avenue, is
city-owned land and it is sufficiently sized to accommodate an intermodal facility.
Additionally, Municipal Parking Garage No. 6, located on 42nd Street between
Sheridan Avenue and Royal Palm Avenue is a dated facility. The garage could be
demolished with an intermodalfacility built in its place.
CONCLUSION
The Administration is recommending referring this issue to the FCWPC for direction and
input regarding the proposed joint venture intermodal facility on the MSMC campus.
,r*,&,*#
T:\AGEN DA\20 1 4\October\l ntermodal Faci lity FCWPC Referral Memo.doc
30
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31
E MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: October 15th ,2014
SUBJECT: Agenda item for October 22nd, 2014 City Commission Meeting
Please place on the October 22nd,2014 City Commission Agenda a referral to
Neighborhoods to discuss a way to streamline the process so that Miami Beach Senior High
School Band can play in public venues.
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
We ore commilled lo providing excellenl public service ond sofety lo oll who live, work, ond ploy in our vibronl, tropicol, historic communih/.
Agenda ltem C 41o^t"@-
,/
,
32
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33
c6
COMMISSION COMMITTEE REPORTS
34
g MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMI ION MEMORANDUM
TO:Mayor Philip Levine and Memberspf the City
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT: REPORT OF THE OCTOBER lll, 2014 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on October 1, 2014. Land Use
Committee Members in attendance were Commissioners Joy Malakoff and Michael Grieco.
Members from the Administration, including, Thomas Mooney, Joe Jimenez, Raul Aguila,
Eve Boutsis and Gary Held, as well as members of public, were also in attendance. Please
see the attached sign-in sheet.
The meeting was called to order at 3:08 PM.
1. DISCUSSION ON TELECOMMUNICATIONS ORDINANCE.
(RETURNING FROM THE JULY 9,2014 LUDC MEETING
ORIGINALLY REFFERED BY CITY COMMISSION
MARCH 5. 2014, CITY COMMISSION MEETING ITEM C4B)
AFTER.ACTION:
Eve Boutsis provided an overview. Mitch Bierman and Richard Heisenbottle addressed the
Committee on a proposal by Crown Castle to co-locate stealth antennas with existing light
poles and fixtures. A representative from AT&T addressed the Committee. Ralph Andrade
addressed the Committee on behalf of Small Cells. Raul Aguila addressed the Committee
regarding the existing moratorium, as well as the technical requirements for going back to
the Planning Board with a revised Ordinance. Mr. Aguila further suggested that a workshop
should be considered to address the moratorium, proposed Ordinance and the proposed
RFP.
MOTION: MG/JM (2-0)
Direct the Administration to schedule the matter for a workshop at the Planning Board on
October 28, 2014, or sooner if a special meeting can be convened. Continue the item to the
November 5, 2014 Land Use Committee meeting for further discussion.
2. DISCUSSION ON AN OVERLAY DISTRICTS
a) WASHINGTON AVENUE
b) NoRTH BEACH
(RETURNING FROM THE SEPTEMBER 3,2014 LUDG MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JOY MALAKOFF
MAY 21.2014 Glry COMMISSION MEETING, ITEM C4B)
Agenda ftem CAA
Date /o-227?35
CiU Commission Memorandum
Repoft of Land Use & Development Committee Meeting of October 1, 2014
Page 2 of 4
AFTER.AGTION:
Thomas Mooney provided an overview of the item. Alyssa Kriplem from Shulman Architects
provided a brief power point presentation on the North beach Analysis. Comm. Malakoff
raised an issue regarding Sea Level Rise and future resiliency. Members of the public
addressed the Committee.
MOTION: Continued to November 5,2014 by Acclimation.
3. DISCUSSION ON PROPOSED AMENDMENTS TO THE CITY CODE PERTAINING TO
ALCOHOLIC BEVERAGE ESTABLISHMENTS (GHAPTER 6); REQUIREMENTS FOR
DETERMINING THE SIZE AND SQUARE FOOTAGE OF "ACCESSORY USES" IN
RELATION TO THE MAIN PERMITTED USE; AND THE CLARIFICATION OF
THRESHOLD STANDARDS FOR NEIGHBORHOOD IMPACT ESTABLISHMENTS.
(REQUESTED BY CITY COMMISSION
JULY 23,2014 CITY COMMISSION MEETING, ITEM C4K)
AFTER.ACTION:
Thomas Mooney provided and overview of the item. Comm. Malakoff recommended that the
revisions to 'Accessory Uses' be specific to a zoning category; that the definition of
'Apartment-Hotel' be further refined and that the definition of a 'DJ' be included as
entertainment. Frank Del Vecchio addressed the Committee.
MOTION: MG/JM (2-0)
Direct the Administration to draft an Ordinance and return to the Committee on November 5,
2014.
4. DTSCUSSION REGARDING AN ORDINANGE AMENDMENT TO GHAPTER 106
RELATING TO PARKING TO REQUIRE A PARKING PLAN DURING
CONSTRUCTION FOR COMMERCIAL BUILDING PROJECTS.
(REQUESTED BY COMMISSIONER MIGHAEL GRIECO
SEPTEMBER 10. 2014 CIry COMMISSION MEETING, ITEM C4I)
VERBAL REPORT
AFTER.ACTION:
Thomas Mooney provided an overview of the item. Comm. Grieco explained his concerns
and the impact of construction projects on residents and available parking.
MOTION: MG/JM (2-0)
Direct the Administration to draft an Ordinance that will require parking plans for all
commercial and residential projects, and return to the Committee on November 5,2014.
5. a) DISCUSSION ON REVISING A PROPOSED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS TO ESTABLISH DEMOLITION PROCEDURES FOR
ALL PROPERITES !N THE CITY.
(REQUESTED BY COMMTSSTONER DEEDE WEITHORN
SEPTEMBER 10. 2014 CITY COMMISSION MEETING, ITEM C4L)
36
City Commission Memorandum
Report of Land Use & Development Committee Meeting of October 1, 2014
Page 3 of 4
5. b) DtscussloN REGARDTNG PROPOSED ORDTNANCE TO ESTABLISH
DEMOLITION PROCEDURES OUTSIDE OF HISTORIC DISTRICTS, AND THE
POTENTIAL IMPACT ON PROPERTY RIGHTS.
(REQUESTED BY COMMISSIONER JONAH WOLFSON
SEPTEMBER 10. 2014 CITY COMMISSION MEETING, ITEM C4N)
AFTER.AGTION:
Thomas Mooney provided a brief summary of the item.
MOTION: MG/JM (2-0)
Recommend that the City Commission re-refer the subject Ordinances to the Planning
Board, in accordance with the Administration recommendations.
6. DISCUSSION ON POSSIBLE AMENDMENTS TO CHAPTER 6 AND GHAPTER 142
OF THE CITY CODE.
(REQUESTED BY COMMISSIONER JONAH WOLFSON
SEPTEMBER 10. 2014 CITY COMMISSION MEETING, ITEM C4O)
VERBAL REPORT
MOTION: Continued to November 5,2A14 by Acclimation.
7. DISCUSSION OF A PROPOSED AMENDMENT TO THE ADJUSTED GRADE OF
REQUIRED YARDS IN REFERENCE TO SEAWALL BUILT AT 5'7" NAVD.
(REQUESTED BY COMMISSIONER JOY MALAKOFF
SEPTEMBER 17. 2014 GITY COMMISSION MEETING, ITEM C4B)
VERBAL REPORT
AFTER.ACTTON:
Thomas Mooney provided an overview of the item. Attorneys and Architects representing
different single family home owners addressed the Committee.
MOTION: Continued to November 5,2014 by Acclimation.
8. DISCUSSION ON AMENDING CHAPTER 118 RELATING TO VARIANCES;
TO MODIFY THE LAND DEVELOPMENT CODE TO PROVIDE EXCLUSIVE
JURISDICTION OVER DISTANCE SEPARATION VARIANCES FOR ALCOHOL
ESTABLISHMENTS TO THE BOARD OF ADJUSTMENT.
(REQUESTED BY COMMISSIONER JOY MALAKOFF
SEPTEMBER 17. 2014 GITY COMMISSION MEETING, ITEM C4C)
AFTER.ACTION:
Thomas Mooney and Joe Jimenez provided an overview of the item. Comm. Malakoff
recommended that the proposed legislation prevent 'Board Shopping' and that appeals of
any variances go straight to Circuit Court.
MOTION: MG/JM (2-0)
Recommend that the Planning Board transmit the proposed Ordinance back to the City
Commission with a favorable recommendation, in accordance with the Administration
recommendations.
37
City Commission Memorandum
Repoft of Land Use & Development Committee Meeting of October 1, 2014
Page 4 of 4
9. CREATION OF A WAIVER TO THE MINIMUM REQUIREMENT OF 1OO HOTEL
ROOMS FOR SPECTAL (SERTES S) LTQUOR LTCENSES.
(REQUESTED BY C|TY COMMTSSTON
SEPTEMBER 17. 2014 CITY COMMISSION, ITEM C4D)
AFTER.ACTION:
Comm. Malakotf expressed a concern with a lack of information on the total number of hotel
units with less than 100 rooms.
MOTION: Continued to Novembet 5,2014 by Acclimation.
10. AN ORDINANCE AMENDMENT ESTABLISHING STAND ALONE BARS,
DANCE HALLS AND ENTERTAINMENT ESTABLISHMENTS LOCATED IN A
CD.2 DISTRICT IN NORTH BEAGH AS A CONDITIONAL USE .
(REQUESTED BY Grry COMMTSSTON
SEPTEMBER 30. 2014 CITY COMMISSION MEETING, ITEM RgC)
VERBAL REPORT
AFTER.ACTION:
Thomas Mooney provided an overview.
MOTION: MG/JM (2-0)
Recommend that the Planning Board transmit the proposed Ordinance back to the City
Commission with a favorable recommendation, in accordance with the Administration
recommendations.
11. DISCUSSION ON PROPOSED AMENDMENTS TO THE SINGLE FAMILY HOME
oRDTNANCE (REAR YARD SWTMMTNG POOLS).
(RETURNTNG FROM THE SEPTEMBER 3,2014 LUDC MEETING
ORIGINALLY REQUESTED BY GOMMISSIONER JOY MALAKOFF
JULY 23. 2014 CITY COMMISSION MEETING, ITEM C4H)
MOTION: Continued to November 5,2014 by Acclimation.
The Meeting Adjourned at 5:04 PM
Attachment
*@lna*
t:\agenda\2O14\october\report of the ludc meeting of october 1 2014.docx
38
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39
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40
r.-, ^-.I/-,.-
OFFICE OF THE CITY MANAGER COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT: REPORT OF THE oMMUNTTY AFFATRS COMMTTTEE (NCAC)
MEETING ON WEDNESDAY, SEPTEMBER 24, 2014.
A meeting of the Neighborhood/Community Affairs Gommittee was held on Wednesday,
September 24, 2014 at 11:00am in the Commission Chamber, 3rd Floor of City Hall.
Commissioners in attendance: Commissioners Micky Steinberg, Deede Weithorn, Joy
Malakoff, and Ed Tobin. Members from the Administration and the public were also in
attendance.
THE MEETING OPENED AT 3:02 P.M.
OLD BUS'A'ESS
1. Discussion Regarding Workforce Housing
Commission ltem C4P, April25, 2014
(Requested by Commissioner Gieco)
AFTER.ACTION
Maria Ruiz, Housing & Community Service Director, gave a presentation and overview of the item.
She discussed the importance of decided the AMI because it will reflect on the types of individuals
that would qualify.
RaulAguila- Discussed the distinction between using a building that already uses federalfunds, and
a building that is set aside by the City and goes through the RFP process.
Commissioner Grieco inquired the possibility of buying back the properties that use federal dollars.
Maria Ruiz expressed concerns with buying back the properties that use federal dollars due to its
high cost.
Kathie Brooks, Assistant City Manager, stated that Commissioner Malakoffs recommendation will
have a significant impact on the Convention Center renovation;therefore, if the direction is to move
forward with this recommendation then it needs to move quickly.
Kathie Brooks, Assistant City Manager, requested clarification whether the Committee would like
Administration to bring as three separate recommendations to the City Commission; option 1 being
for the existing buildings, option 2 would be to identify a building that can receive a 120o/o to 140o/o
AMl, and option 3 would be carving out the west side of the P lot closest to Meridian Avenue for
workforce housing.
RECOMMENDATION: By Commissioner Malakoff to have administration look at the Meridian
Avenue side of the P Lot as a possible location for Work-Force Housing with an AMI of 120o/o to
140o/o.
MOTION: to have Administration bring the City Commission three recommendations.
Recommendation 1: use the existing affordable housing buildings as workforce house.
Recommendation 2: identify a building that does not receive federal dollars as a possible
We ore commilled to providing excellent public seruice ond so{e\ to oll who live, 'work, ond ploy in our vibront, tropicol, historic community.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, ,rAggnda ltem QG Breview any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voace) or 305673-7218
initiate your request. lTY users may alsocatizit (Ftorioa'Retay Seiiie). -avv *vrw/ Oate /Ot7 ll41
workforce house. This would allow the City Commission to set the AMI between 12Oo/o and 14Oo/o
Recommendation 3: designate the west side of the P Lot, closest to Meridian Avenue as a
possible location for a workforce housing building.
2. Discussion Regarding the Go-Designation of 21st Street as Collins Park South and22nd
Street as Collins Park North
Commission ltem C4l, September 11 , 2013
(Pursuantto Ordinance No.2014-3875, Requested by Collins Park Neighborhood Association)
AFTER.ACTION
Jose Gonzalez, Transportation Director, gave an overview of the item. Upon the passage of
Ordinance No. 2014-3875, this request meets the requirements set by the ordinance.
RaulAguila, City Attorney, stated that this request does fall under the ordinance, and the following
step would be to have the City Commission vote on the passage of co-naming the street.
MOTION: By Commissioner Weithorn to move this item to Commission with positive
recommendations.
Seconded by Commissioner Tobin.
irEl/yausrlvEss
3. Discussion Regarding Removing The "Arthur Godfrey Road" Go-Name for 41st Street.
Commission ltem C4G, July 23, 2014
(Requested by Commissioner Malakoff)
AFTER.ACTION:
Raul Aguila informed the Committee that due to Rosh Hashanah, members of the public were not
able to attend this meeting to discuss this item. RaulAguila suggested deferring the item in orderto
have members of the public present.
Commissioner Tobin agreed, and deferred the item to the following meeting.
DEFERRED.
4. Discussion Regarding Artist and Non-Profit Vendor Ordinances.
Commission ltem C4J, July 23, 2014
(Req uested by Planning Department)
AFTER.ACTION:
Thomas Mooney, Planning Director provided an overview, including a brief discussion of the current
City ordinance.
Max Sklar, Tourism Culture and Economic Development Director, provided a point of clarification
regarding the Fine Arts Board.
Joe Jimenez, Assistant City Manager, stated that if the City begins to try to define what art is, it could
run into First Amendment issues is.
Raul Aguila, City Attorney, clarified that these vendors could not be banned because there will be a
constitutional issue; it is considered freedom of expression through artisan-wear. However, the City
does have the liberty to regulate these vendors.
DIRECTION: by Commissioner Tobin to bring this item back to NCAC with additional information on
how to best regulate while still staying within the parameters of the law.
42
5. Discussion Regarding Adding Pride/Rainbow Colors To The Street Signs From iOth to
20th Streets On Washington/Collins/Ocean, As Per The Recommendation Of The LGBT
Business Enhancement Committee
Commission ltem C4P July 23, 2014
(Req uested by Com missioner Stein berg)
AFTER.ACTION
Jose Gonzalez, Transportation Director, discussed the item. Jose stated that this item would have to
be coordinated with Miami-Dade County; Jose also stated that there could be a rainbow decal
attached to the bottom or top of the street sign in order to comply with Miami-Dade County code.
MOTION: By Commissioner Weithorn to have administration work with Miami-Dade County on
creating acceptable drawings on what the County would approve, inclusive of cost. Once that is
done, have the item brought back to the Neighborhood/Community Affairs Committee.
Seconded by Commissioner Steinberg.
6. Discussion Regarding Designating A Street "Women's Glub Way" To Honor The Historic
Women's Club ln Miami Beach.
Commission ltem C4E, September 17, 2014
(Req uested by Commissioner Weithorn)
AFTER.ACTION
Commissioner Weithorn discussed the significance of co-naming the street Woman's Club Way in
order to remember the historic Woman's Club.
MOTION: By Commissioner Weithorn to move the item to Commission with positive
recommendations.
Seconded by Commissioner Tobin.
MOTION: By Commissioner Tobin to adjourn the meeting at12:37pm.
Seconded by Commissioner Malakoff.
43
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44
MIAMIBEACH
City of Miomi Beoch, .l700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members Pf tne CttV
fommission
FRoM: Jimmy L. Morales, City Manag"r {....-, l:
DATE: October 22,2014
SUBJECT: REPORT FROM THE SEPTEMBER 3,2014 FLOODING MITIGATION COMMITTEE
MEETING: I)UPDATE FROM THE MAYOR'S BLUE RIBBON PANNEL ON
FLOODING AND SEA RISE; 2)UPDATE OF ONGOING PROJECTS; 3)
UTILIZATION OF PUBLIC RIGHT OF WAY SWALE FOR STORMWATER
MANAGEMENT; A) DISCUSSION OF GRADE REQUIREMENTS FOR NEW AND
REMODELED STRUCTURES; 5) STATUS OF HIRING OF STAFF HYDRO
GEOLOGIST
Attached are the draft minutes of the Flooding Mitigation Committee meetings of September 3,
2014
Pursuant to Section 2-13 of the Miami Beach City Code, the City Commission is hereby
requested to review and approve the drafts. The draft minutes are subject to correction,
amendment and approval by the City Commission, with any corrections or amendments to be
reflected in those minutes.
Approval of the minutes does not constitute the City Commission's substantive approval of
actions taken by the Flooding Mitigation Committee, but shall serve only to allow the minutes to
assume their essential status as the official record of the proceedings of the Flooding Mitigation
Committee. However, those portions of minutes addressing a Flooding Mitigation Committee's
request for City Administration action, shall only be effectuated when a corresponding item for
such requested City Administration action is placed on a City Commission agenda, and
approved pursuant to resolution or motion passed by a majority vote of the members present.
&,at
MT/EilC/BAM/LWB,uU
T:\AGENDA\2014\OctobeAFlooding Mitigation Committee Report.docx
Agenda ttem CA C
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FLOODING MITIGATION COMMITTEE
MEETING MINUTES - Draft
SEPTEMBER 3,2014 - 5:00 p.m.
The City of Miami Beach Flooding Mitigation Committee met on Wednesday, September 3,2014, at 5:40
p.m. in the City Manager's Large Conference Room. The meeting was led by Commissioner Jonah
Wolfson. Commissioners Michael Grieco and Joy Malakoff were in attendance. The minutes of the
meeting held on July 9, 2014 will be submitted to the City Commission for approval at the September 10,
2014 meeting.
REPORT FROM MAYOR'S BLUE RIBBON PANEL ON FLOODING AND SEA RISE
Scott Robins, Panel Chair and Dwight Kraai, Panel Member were in attendance. Scott said that he gave
an update to the Planning Committee at the August 26,2014 meeting and will be going back to give an
update to the City Commission. Bruce Mowry, City Engineer reported that the pump stations at 1Oth and
14th Streets and in Sunset Harbour as well as new backflow preventers around the City, will be
operational by October 1 in time for the King Tides.
UPDATE OF ONGOING PROJECTS
David Martinez reported that additional work to the Venetian lslands Project will either be bid out
separately or handled as a change order. There is interest from the island residents to underground
utilities. Commissioner Wolfson expressed concern that this would delay the CIP project and that
projects that provide flooding mitigation should not be delayed.
ACTION: lt was m/s/p that CIP be directed to get the lowest price from the current contractor of the
Venetian lslands Project for a change order for the six pump stations and send onto the Commission as
soon as possible.
David announced that there will be a Lower North Bay Road Project informational meeting on September
18, 6 p.m. at the Miami Beach Golf Club.
There was discussion that the new sea wall heights adopted by the City Commission are creating a
condition that limits visibility from swimming pools out to the water.
ACTION: lt was m/s/p to recommend that Planning staff be directed to allow swimming pools be raised
without a variance to provide visibility over 5.7 NAVD.
UTILIZATION OF PUBLIC RIGHT OF WAY SWALE FOR STORMWATER MANAGEMENT
Bruce Mowry reviewed a proposed resolution regulating swales. Raul Aguila, City Attorney shared that
swale enforcement has traditionally been complaint driven and that a clear cut policy from the City has
not been developed. The concern is that swales are an important part of flood mitigation and should be
utilized whenever possible for that purpose. Raul suggested that a resolution is not needed just a
general policy. Swale construction is part of the Public Works Manual.
ACTION: lt was recommended that as CIP implements projects throughout the City they go
neighborhood by neighborhood working with residents to address encroachments on swales that
interfere with flooding mitigation methods.
DISCUSSION OF GRADE REQUIREMENTS FOR NEW AND REMODELED STRUCTURES
Dr. Kraai stated that he believes design parameters for projects are too loose and need to be tightened
up. Scott said that AECOM is helping with this issue. There was discussion on when the Panel and
Committee would take a position on base floor elevations. lt was suggested that Public Works, Building
and Planning along with AECOM continue gathering information before a recommendation from the
Mayor's Panel and Flooding Mitigation Committee is made and passed onto the Commission for action.
ACTION: lnvite the Planning Director to the next meeting.
STATUS OF HIRING OF STAFF HYDRO GEOLOGIST
Bruce Mowry is interviewing candidates.
ACTION: lnvite Human Resources to attend the next Flooding Mitigation Meeting.
ADJOURNMENT: The meeting was adjourned at 7:10 p.m. The Flooding Mitigation Committee will
meet next on Wednesday, October 8,2014 at 5:00 p.m. in the City Manager's Large Conference Room.
The meeting will be posted on the City's website vvu.nru.miamibeachfl.qov, Quick Links, Commission
Committee Referral Tracking (CCRT), Flooding Mitigation Home Page to obtain future and past
agendas.
FIWORK\$ALL\(1) EMPLOYEE FOLDERS\CASTELLANOS DIANA\FIood Mitigation Committee\Flooding Mitigation Committee Meeting Minutes 9.3.2014.docx
46
# nAIAMI*EACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,)39, www.miomibeochfl.gov
COMMITTEE MEMORANDUM
Mayor Philip Levine and Members the City
FRoM: Jimmy L. Morales, City Ma
DATE: October 22,2014
SUBJECT: REPORT OF THE JOINT FI AND CITYWIDE PROJECTS
COMMITTEE MEETING ON SEPTEMBER 24, 201 4
The agenda is as follows:
OLD BUSINESS
1. Discussion regarding bicycle safety campaign with the Miami Beach police
department, Decobike and local bicycle rental
ACTION
The Gommittee recommended bringing in an expert to look at the City's
infrastructure where bicycle safety can be improved.
2. A. Discussion regarding Financial lmpact of the Proposed Roadway Closure
Applications for 87 Street and 87 Terrace Filed by 8701 Collins Development
B. Discussion regarding A Resotution Approving The Vacation And Abandonment
Of That Portion Of 87th Terrace East Of Collins Avenue, Gonsisting Of A 50 Foot
Right-Of-Way (ROW) Containing Approximately 18,042 Square Feet ln Total Lot
Area, As Shown On The Plat Of Altos Del Mar Subdivision No. 2, Recorded ln Plat
Book 4, Page 162 Of The Public Records Of Miami-Dade Gounty, ln Favor Of 8701
Collins Development, LLC (The "Applicant"); With Such Vacation Subject To And
Contingent Upon The Gity's Approval, And The City And Applicant's Execution, Of
A Development Agreement Which, Among Other Terms And Gonditions (1) Grants
To The City A Perpetual Pedestrian Access Easement Across A Portion Of The
Vacated City Row, And (2) Ensures Applicant's Payment Of A Voluntary Monetary
Gontribution, ln The Amount Of $10.5 Million Dollars, To Be Used By The City For
Public Purposes; And With Such Vacation Further Subject To And Contingent
Upon Applicant's Satisfaction Of The Gonditions Set Forth ln This Resolution
Agenda ltem Cb f)
eals to-LL-lV47
ACTION
The Committee recommended that the contribution of 10.5 million dollars be used
only in the North Beach area with no less than 50% of it used for the North Beach
Park (not to be spent on programing or staff). The Committee also recommended
setting aside funding for renewal and replacement to preserve the asset. Staff is
to bring back different concepts of how to appropriate the funds to the Committee.
3. Discussion regarding South Shore Community Center, 833 6th Street, Miami
Beach, Florida, regarding whether the City should: 1) Renew Gertain Existing
Agreements, including various expansions, downsizes and relocations; 2)
Execute a new Lease Agreement with South Florida Workforce lnvestment Board;
and 3) Increase the additional rent
ACTION
The Committee recommended that South Florida Work Force (SFWF) pay for the
full amount of operating expenses, which are $15.86 per square foot since SFWF
is a new tenant. The Gommittee further recommended that all existing tenants
have their operating expenses increased over 3 years to $11.06 per square
foot. The Gommittee also recommended adding benchmarks to the leases in
consideration for the $1 per year base rent they receive. Staff is to draft the
agreements and bring them back to the Finance Gommiftee in October.
NEW BUSINESS
The Committee recommended deferring this matter to the November Finance
committee meeting. lnternal Audit and Miami Beach Police Athletic League are to
bring back the results of implementing the operational audit findings.
5. Discussion To Permit The Vacation Of A Right-Of-Way Parcel On The North Side
Of 5860 North Bay Road And Approve A Storm Water Utility Easement, To
Facilitate The City's Storm Water lmprovements On The South Side Of The Same
Property
ACTION
4. Discussion regarding Exploring lssues brought up in
Miami Beach Police Athletic League (PAL), specifically
are past due
ACTION
Item deferred to October meeting.
6. Discussion regarding Potential Purchase
From AT&T For Future Development Of
Town Center
an lnternal Audit of the
regarding utitity fees that
Of Air Rights For 6940 Abbott Avenue
A Parking Garage ln The North Beach
48
ACTION
The Committee recommended hosting a North Beach Revitalization workshop for
the City Gommission and then also simultaneously negotiating with AT&T.
7. Discussion regarding Police and Parking Department Towing Permit
Requirements
ACTION
Item deferred to November meeting.
8. Discussion To Gonsider A Request for Rent Relief From Penn 17, LLC., Regarding
The Retail Space At The Pennsylvania Avenue Parking Garage
ACT!ON
The Gommittee directed staff to secure some form of rent payment from the tenant
that shows their ability to pay. Also, under the Gity Manager's direction, hire an
expert that can provide feedback on a lease modification that is in line with the
current market rental rates for this location.
9. Discussion regarding A New Program For Expedited Lien Searches With A Turn-
Around Time Of One To Two Business Days; Gharging Customers $250.00 For An
Expedited Gertified Lien Search And $300.00 For An Expedited Certified
Gondominium Lien Search lncluding Common Areas
ACTION
The Gommittee recommended placing a full time finance position in the
September 30, 2014 budget that will allow for customers to receive expedited
certified lien searches. The lien search would increase to $250.00 for an expedited
certified lien search and $300.00 for an expedited certified Condominium lien
search that includes common areas.
JOINT ITEM
10. Discussion regarding the Future Location of 21st Street Teen Center in the
Vicinity of Miami Beach Senior High School
ACT!ON
The Gommittee recommended going with Option 1 which is to design the new teen
center as a two-story building and provide ground level parking underneath the
teen center.
49
THIS PAGE INTENTIONALLY LEFT BLANK
50
c7
RESOLUTIONS
51
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing The City Manager or his designee to apply for and accept six (6) grants.
lntended Outcome
1)N/A; 2) and 3) and 4) Enhance beauty and vibrancy of urban and residential neighborhoods;focusing
on cleanliness, historic assets, in select neighborhoods and redevelopment areas; 5) and 6) Achieve
Educational (K-1 2\ Excel lence
Supporting Data: 1) N/A; 2) The typical resident visited City parks/recreational areas 58 times during
2012, an increase from 47 times in 2009; 3) and 4) The City's efforts to "address homelessness" was a
key driver for resident respondents in how they view the City as a place to live, view city government on
meeting expectations and if they would recommend the City as a place to live; "Address the homeless
problem" was rated amongst the things that would best improve the quality of life in Miami Beach.
Based on the 2013 Census Count, the number of homeless contacts in Miami Beach has decreased
from 21,199 in FY 2007108 to 5,268 in FY 2012113; 5) "lmprove public education" was one of the factors
that residents stated would "Best improve the quality of life in Miami Beach"; and 6) Child obesity has
more than doubled in children and tripled in adolescents in the past 30 years. ln 2010, more than 1/3 of
children and adolescents were overweight or obese. Decreasing childhood obesity will improve overall
student health, thus leadino to increased attendance at school.
Item Summary/Recommendation :
Approval to submit the following grant applications: 1) Florida Junior Golf Council, in the approximate
amount of $5,000 for the Normandy Shores Youth Golf Program; 2) Florida Department of State,
Division of Historical Resources in the approximate amount of $350,000 for the restoration of the 28th
Street Obelisk; 3) US Department of Homeland Security FEMfuEmergency Food and Shelter Program
in the approximate amount of $40,000 for Emergency Food and Shelter funds; and retroactive approval
for the following submittals: 4) Miami-Dade County Homeless Trust, for lhe 201412015 U.S. HUD Notice
of Funding Availability for the Continuum of Care Program, in the amount of $65,212, for the City's
Homeless Outreach Program; 5) Knight Foundation, Knight News Challenge on Libraries, for a
Technology Access Program; 6) United States Conference of Mayors in the amount of $120,000 for a
Food and Youth Nutrition Proqram.
Fi nancial lnformation :
,rEM c7 A
Financial lmpact Summary: N/A
Grant Name/Project Approximate Match
AmounUSource
Florida Junior Golf Council
Florida Division of Historical
Resources/28th Street Obel isk
$350,000/301-2011*Capital Projects Not
US Department of Homeland Security
FEMA/Emeroencv Food and Shelter
Miami-Dade County Homeless TrusU
Homeless Outreach - Salaries
$16,500/ FY 14115 Budget
Knight Foundation Libraries Challenge/
Technology Access Program
US Conference of Mayors Obesity/
Judy Hoanshelt, Grants Manager, Office of Budget and Performance lmprovement
alr,re l0 -7L- { (MIAMIBEACH 52
MIAMI BEACH
Cify of Miomi Beoch, ')700 Convention Center Drive, Miomi Beoch, Floridq 33,l39, www.miomibeochfl.gov
MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY
ROVING AND AUTHORIZING THE CITYOF MIAMI BEACH, FLORIDA,
MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS: 1)
SUBMIT A GRANT APPLICATION TO THE FLORIDA JUNIOR GOLF
COUNCIL, FOR FUNDING !N THE APPROXIMATE AMOUNT OF $5,OOO
FOR THE NORMANDY SHORES YOUTH GOLF PROGRAM; 2) SUBMIT
AN APPLICATION TO FLORIDA DEPARTMENT OF STATE, DIVISION OF
HISTORICAL RESOURCES FOR FUNDING IN THE APPROXIMATE
AMOUNT OF $35O,OOO FOR THE RESTORATION OF THE 28TH STREET
OBELISK; 3) SUBMIT A GRANT APPLICATION TO THE US DEPARTMENT
OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT
AGENCY (FEMA), EMERGENCY FOOD AND SHELTER PROGRAM, FOR
FUNDING !N THE APPROXIMATE AMOUNT OF $4O,OOO FOR PHASE 32
FUNDING IN THE APPROXIMATE AMOUNT OF $4O,OOO FOR
EMERGENCY FOOD AND SHELTER ASSISTANGE; AND RETROACTIVE
APPROVAL FOR THE FOLLOWING: 4) SUBMITTAL OF A GRANT
APPLICATION TO MIAM!.DADE GOUNTY HOMELESS TRUST, FOR
INCLUSION IN THE APPLICATION TO BE SUBMITTED BY THE MIAMI.
DADE COUNTY CONTINUUM OF CARE FOR THE 201412015 U.S. HUD
NOTTCE OF FUNDTNG AVATLABTLTTY (NOFA) FOR THE CONTTNUUM OF
CARE PROGRAM, FOR FUNDING, IN THE AMOUNT OF $65,212, FOR THE
CITY'S HOMELESS OUTREACH PROGRAM; 5) SUBMITTAL OF AN
APPLICATION TO THE KNIGHT FOUNDATION, KNIGHT NEWS
CHALLENGE ON LIBRARIES, FOR A TECHNOLOGY ACCESS
PROGRAM; 6) SUBMITTAL OF AN APPLIGATION TO THE UNITED
STATES CONFERENCE OF MAYORS, CHILDHOOD OBESITY PROGRAM
FOR FUNDING IN THE APPROXIMATE AMOUNT OF $12O,OOO FOR A
FOOD AND NUTRITION PROGRAM FOR YOUTH; APPROVING AND
AUTHORIZING THE APPROPRIATION OF THE ABOVE GRANTS AND
FUNDING REQUESTS, INCLUDING ANY REQUISITE MATCHING FUNDS
AND CITY EXPENSES; AND FURTHER AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO TAKE ALL NECESSARY STEPS AND
EXECUTE ALL NECESSARY DOCUMENTS IN CONNECTION WITH THE
AFORESTATED GRANTS AND FUNDING REQUESTS, INCLUDING,
WITHOUT LIMITATION, APPLICATIONS, GRANT/FUNDING
AGREEMENTS AND AUDITS
53
Commission Memorandum
Page 2
ADMI NISTRATION RECOMM EN DATION
Adopt the Resolution.
ANALYSIS
1. Approval to submit an application to Florida Junior Golf Council Fundino in the
approximate amount of $5.000 for the Normandv Shores Youth Golf Prooram
Created in 2002 by the Dade Amateur Golf Association, the Florida Junior Golf Council
was formed for the benefit of Florida's junior golf programs. Through the efforts of golf
advocates throughout the state, the "Golf Capital of the World" license plate was passed
into law by the Florida legislature and the revenue derived from the "golf license plate" is
used to assist organizations in the State that offer instruction and playing opportunities in
conjunction with education.
The mission of the Florida Junior Golf Council (FJGC) is to improve the lives of Florida's
youth by introducing them to the game of golf and the values embodied in the game.
The organization provides funds to junior golf programs that offer instruction and playing
opportunities in conjunction with education in golfs core values of integrity, honesty,
personal responsibility and sportsmanship. Additionally, the grant program assists junior
golf organizations that serve economically disadvantaged youth, children with special
needs and the general population. The FJGC places great emphasis on providing
affordable golf course access to program participants both during scheduled
programming and after programming is concluded. The City has previously been
awarded funding from the Florida Junior Golf Council for the youth golf clinic at
Normandy Shores Golf Course. The program has been successful and the
Administration intends to expand and continue this program. The expansion will include
three additional sites: Scott Rakow Youth Center, Flamingo Park, and North Shore Park
& Youth Center. The additional sites will be provided golf manuals for counselors to
utilize and SNAG golf equipment for youth participants to use as an introduction to game
of golf.
The Administration intends to apply to the Florida Junior Golf Council (FJGC) for funding
in the approximate amount of $5,000 to continue the program. The grant does not
require a cash match; however, the FJGC encourages applicants to develop a variety of
individual, community and private funding sources.
2. Approval to submit an apolication to Florida Department of State. Division for
Historical Resources for fundino in the approximate amount of $350.000 for the
restoration of the 28th Street Obelisk.
The Historic Preservation Grants Program allocates state funds appropriated by the
Legislature and federal funds apportioned to the state by the U. S. Department of the
lnterior, National Park Service, for the preservation and protection of the state's historic
and archaeological sites and properties. The program is administered by the Bureau of
Historic Preservation, Division of Historical Resources, Florida Department of State. Two
types of grants are awarded through this program: Small Matching Grants and Special
Category Grants.
54
Commission Memorandum
Page 3
The City plans to apply for the Special Category Grant in the amount of $350,000 to
restore the 28th Street Obelisk located at 300 West 28th Street in Fairgreen Park. The
goal of this project is to restore the 28th Street Obelisk and Pumping Station Historical
Structure to its original appearance, which will provide an opportunity for residents and
visitors to study and appreciate an excellent example of Hazen and Whipple's early-20th
century work and bring public awareness to the rich history and early development of
Miami Beach. Additionally, the restored structure will continue to be a beloved and
recognizable Miami Beach neighborhood landmark. With the completion of the
restoration, any safety concerns that currently exist, will be addressed. With support
from the Florida Department of State, Division of Historical Resources, the City of Miami
Beach will be able to completely restore the 28th Street Obelisk and Pumping Station
Historical Structure.
The Miami Beach Public Art Assessment Report completed by conservation Solutions,
lnc. in August 2008 states that the structure is in very poor condition, and major losses
have occurred on the obelisk base moldings and stucco. Similarly, in the City of Miami
Beach Monuments Conditions Assessment Report completed by Douglas Wood in
December 1,2009 the report states that the monument is in poor condition.
This grant requires a $1:$1 match and the Administration has matching funds available
in the amountof $350,000 in Fund 301-2011-069357 Capital Projects Not Financed By
Bonds. This project supports the key intended outcome to enhance beauty and vibrancy
of urban and residential neighborhoods; focusing on cleanliness, historic assets, in
select neighborhoods and redevelopment areas.
3. Aoproval to submit a orant application to the US Department of Homeland
Securitv. Federal Emeroencv Manaoement Aqencv for Emerqencv Food and
Shelter Prooram in the aoproximate amount of $40.000 for Phase 32 Emerqencv
Assistance Fundino
The funds from the Emergency Food and Shelter Program (EFSP) are awarded from the
Federal Emergency Management Agency (FEMA). The program is governed by a
National Board and FEMA chairs the National Board and provides policy guidance,
oversight, federal coordination and staff assistance to the National Board regarding this
program. Local boards are convened in the qualifying jurisdictions to determine the
highest need and best use of funds and to select Local Recipient Organizations to
receive funding and provide emergency food and shelter services. Each year needs are
assessed in an effort to adapt to particular community needs.
The EFSP was created to supplement the work of local social service agencies, both
non-profit and governmental, in assisting people in need of emergency assistance. The
funding is used to target special emergency needs. These needs are primarily economic
in nature, as opposed to disaster related. The program's funding priority is to provide
renUmortgage assistance and food to those in need. The City has previously received
EFSP funding, and the grant can provide funds for the provision of renUmortgage
assistance to individuals and families at-risk of homelessness; provision of food
vouchers; and utility assistance. This request is for Phase 32 funding for calendar year
2015. Matching funds are not required for this grant.
55
Commission Memorandum
Page 4
4. Retroactive approval to submit a qrant application to Miami-Dade Countv
Homeless Trust. in the amount of $65.212, for the Citv's Homeless Outreach
Proqram
The U.S. Department of Housing and Urban Development (U.S. HUD) has issued a
Notice of Funding Availability (NOFA) for its Continuum of Care Program which is the
primary Federal funding source for homeless assistance programs. All current U.S.
HUD funded projects with program funding expiring in calendar year 2015 must request
renewal funding through this competitive process. The Miami-Dade County Homeless
Trust serves as the Applicant for U.S. HUD NOFA funds on behalf of the Miami-Dade
County Continuum of Care system (MDCoC). The MDCoC encompasses all of Miami-
Dade County, including all municipalities. All local entitlement jurisdictions are part of
the MDCoC, and the "Collaborative Application" will contain projects submitted by
Project Applicants.
The City has received these funds since 2003 to support the salaries of Homeless
Outreach staff in the City's Housing and Community Services Department. As such, the
Administration has applied for continuation of funding, in the amount of $65,212, through
this collaborative application. A match of at least 25o/o is required, and matching funds in
the amount of $16,500 are available from the Housing and Community Services
Department FY 201 4ll 5 Operating Budget.
5. Retroactive approval to submit an application to the Knioht Foundation Libraries
Challenqe for fundino for a Technoloqv Access Prooram
The Knight Foundation supports transformational ideas that promote quality journalism,
advance media innovation, engage communities and foster the arts. The goal of the
program is to fund innovative ideas that address how to leverage libraries to build more
knowledgeable communities and make libraries relevant. The Knight Libraries Challenge
will award a share of $2.5 million in funding to the successful applicants, and will also
provide support from Knight's network of influential peers and advisors to help advance
ideas. The program is open to innovators from all industries and countries. The
Challenge aims to attract a broad range of ideas, not just from the library community but
also from schools, businesses, journalists, designers and artists. The Knight Foundation
prefers projects that seek to close the digital divide in underrepresented areas.
Examples include digital learning opportunities for job seekers, seniors, and youth.
The Administration, in partnership with the Miami Beach public libraries has applied for
funds to create a technological hub at our libraries. The Miami Beach Technology
Access Program will provide technological goods and services to everyone who lives,
works and plays in the City of Miami Beach. lt will provide technological and educational
opportunities through hotspot programs, in-person tech support online programs as well
as a technology site for streaming and recording lectures and a site for business
discussions. The program will include technology trainings for seniors as well as using
technology in tutoring for children. lf successful, the Knight Foundation will collaborate
with the City on the budget and amount of award to be made. This grant does not
require matching funds and the project supports the key intended outcome to achieve
ed ucational (K-1 2) excellence.
56
Commission Memorandum
Page 5
6. Retroactive aoproval to submit an application to The United States Conference of
Mavors for the 2015 Childhood Obesitv Prevention Awards proqram in the
amount $120.000 for a Food and Nutrition Proqram for our Youth
ln 2012 The United States Conference of Mayors (USCM) and the American Beverage
Association (ABA) partnered to create the Childhood Obesity Prevention Program, a
landmark three-year initiative to provide support to cities in their efforts to eradicate
childhood obesity. The goal of the program is to recognize outstanding mayoral-based
initiatives that have the greatest potential to reduce childhood obesity, and to provide
those outstanding programs with capacity-building resources to assist their local
programs for broader reach in tackling the challenge of childhood obesity. The program
also includes a national public awareness campaign, and will connect mayors with
innovative, cost-effective program strategies to successfully reduce childhood obesity.
The City plans to apply for this program to enhance the health and well being of youth in
our community by implementing a program to reduce childhood obesity through
interactive educational nutrition activities based on the USDAs team nutrition program
and other innovative curricula and physical activities including weekly cooking classes,
daily healthy snacks, a family "Get Fit" event and weekly physical fitness programs. This
grant does not require matching funds and supports the key intended outcome achieve
educational (K-12) excellence. Due to the short turnaround time of the grant deadlines
for the above grant applications, the Administration requests retroactive approval for
these grant submittals.
CONCLUSION
A Resolution approving and authorizing the City Manager or his designee to take the
following actions: 1) Submit a grant application to the Florida Junior Golf Council, for
funding in the approximate amount of $5,000 for the Normandy Shores Youth Golf
Program; 2) Submit an application to Florida Department of State, Division of Historical
Resources for funding in the approximate amount of $350,000 for the restoration of the
28th Street Obelisk; 3) Submit an application to the US Department of Homeland Security
FEMA, for the Emergency Food and Shelter Program for funding in the approximate
amount of $40,000; and retroactive approval for the following: 4) Submittal of a grant
application to Miami-Dade County Homeless Trust, for inclusion in the application to be
submitted by the Miami-Dade County Continuum of Care for the 201312014 U.S. HUD
Notice of Funding Availability (NOFA) for the Continuum of Care Program, for funding, in
the amount of $65,212, for the City's Homeless Outreach Program; 5) Submittal of an
application to the Knight Foundation, Knight News Challenge on Libraries, for funding for
a technology access program; and 6) Submittal of a grant application to the U.S.
Conference of Mayors for the 2015 Childhood Obesity Prevention Grants Program in the
amount of $120,000 for a Food and Nutdtion Program for youth; approving and
authorizing the appropriation of the above grants and funding requests, including any
requisite matching funds and city expenses; and further authorizing the City Manager or
his designee to take all necessary steps and execute all necessary documents in
connection with the aforestated grants and funding requests, including, without limitation,
appl ications, g ranUfund ing ag reements and aud its.
JLM/JW/JMH
T:\AGENDA\201 4\October 201 4\Grants Memo.doc
57
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAM! BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS: f )
SUBMIT A GRANT APPLICATION TO THE FLORIDA JUNIOR GOLF
COUNCIL, FOR FUNDING IN THE APPROXIMATE AMOUNT OF $5,OOO
FOR THE NORMANDY SHORES YOUTH GOLF PROGRAM; 2) SUBMIT AN
APPLIGATION TO FLORIDA DEPARTMENT OF STATE, DIVISION OF
HISTORICAL RESOURCES FOR FUNDING !N THE APPROXIMATE
AMOUNT OF $35O,OOO FOR THE RESTORATION OF THE 28TH STREET
OBELISK; 3) SUBMIT A GRANT APPLIGATION TO THE US DEPARTMENT
OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT
AGENCY (FEMA), EMERGENCY FOOD AND SHELTER PROGRAM, FOR
FUNDING IN THE APPROXIMATE AMOUNT OF $4O,OOO FOR PHASE 32
FOR EMERGENCY FOOD AND SHELTER ASSISTANCE; AND
RETROACTIVE APPROVAL FOR THE FOLLOWING: 4) SUBMITTAL OF A
GRANT APPLICATION TO MIAMI.DADE COUNTY HOMELESS TRUST,
FOR INCLUSION IN THE APPLICATION TO BE SUBMITTED BY THE
MIAMI.DADE COUNTY CONTINUUM OF CARE FOR THE 201412015 U.S.
HUD NOTTCE OF FUNDTNG AVAILABILITY (NOFA) FOR THE CONTINUUM
OF CARE PROGRAM, FOR FUNDING, IN THE AMOUNT OF $65,212, FOR
THE CITY,S HOMELESS OUTREACH PROGRAM; 5) SUBMITTAL OF AN
APPLICATION TO THE KNIGHT FOUNDATION, KNIGHT NEWS
CHALLENGE ON LIBRARIES, FOR A TEGHNOLOGY ACCESS PROGRAM;
6) SUBMTTTAL OF AN APPLTCATION TO THE UNITED STATES
CONFERENCE OF MAYORS, GHILDHOOD OBESIW PROGRAM FOR
FUNDING !N THE APPROXIMATE AMOUNT OF $12O,OOO FOR A FOOD
AND NUTRITION PROGRAI', FOR YOUTH; APPROVING AND
AUTHORIZING THE APPROPRIATION OF THE ABOVE GRANTS AND
FUNDING REQUESTS, INCLUDING ANY REQUISITE MATCHING FUNDS
AND CITY EXPENSES; AND FURTHER AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO TAKE ALL NECESSARY STEPS AND
EXEGUTE ALL NEGESSARY DOCUMENTS IN CONNECTION WITH THE
AFORESTATED GRANTS AND FUNDING REQUESTS, INCLUDING,
WITHOUT LIMITATION, APPLICATIONS, GRANT/FUNDING AGREEMENTS
AND AUDITS.
WHEREAS, the Administration requests approval to submit an application to the
Florida Junior Golf Council in the approximate amount of $5,000 for the Normandy
Shores Youth Golf Program, the details of which are as follows:
A. the FJGC provides funds to junior golf programs that offer instruction and
playing opportunities in conjunction with education of golf's core values;
B. the grant program assists junior golf organizations that serve economically
disadvantaged youth, children with special needs, and the general population;
C. the FJGC places great emphasis on providing affordable golf course access to
program participants;
D. the City has previously been awarded funding from the FJGC for the youth golf
clinic at Normandy Shores Golf Course;
58
E. the Administration intends to continue and expand this program to include three
additional sites: Scott Rakow Youth Center, Flamingo Park, and North Shore
Park & Youth Center;
F. the grant does not require a cash match; however, the FJGC encourages
applicants to develop a variety of funding sources; and
WHEREAS, the Administration requests approval to submit an application to the
Florida Department of State, Division for Historical Resources for funding in the
approximate amount of $350,000 for the restoration of the 28th Street Obelisk, the
details of which are as follows:
A. the program is administered by the Bureau of Historic Preservation, Division of
Historical Resources, and Florida Department of State;
B. the City plans to apply for the Special Category Grant to restore the 28th Street
Obelisk located at 300 West 28th Street in Fairgreen Park;
C. the Miami Beach Public Art Assessment Report completed by conservation
Solutions, lnc. in August 2008 states that the structure is in very poor condition;
D. the City of Miami Beach Monuments Conditions Assessment Report completed
by Douglas Wood in December 1, 2008 states that the monument is in poor
condition as well;
E. the goal of this project is to restore the 28th Street Obelisk and Pumping
Station Historical, which will provide an opportunity for residents and visitors to
study and appreciate an excellent example of the rich history and early
development of Miami Beach;
F. with the completion of the restoration, any safety concerns that currently exist
will also be addressed;
G. this project supports the key intended outcome to enhance beauty and vibrancy
of urban and residential neighborhoods; focusing on cleanliness, historic
assets, in select neighborhoods and redevelopment areas;
H. this grant requires a $1:$1 match and the Administration has matching funds
available in the amount of $350,000 in Fund 301-2011-069357 Capital Projects
Not Financed By Bonds; and
WHEREAS, the Administration requests approval to submit a grant application
to the US Department of Homeland Security, Federal Emergency Management Agency
for Emergency Food and Shelter Program in the approximate amount of $40,000 for
Phase 32 Emergency Assistance Funding, the details of which are as follows:
A. The funds from the Emergency Food and Shelter Program (EFSP) are awarded
from the Federal Emergency Management Agency (FEMA); FEMA chairs the
National Board and provides policy guidance, oversight, federal coordination and
staff assistance to the National Board regarding this program;
B. Local boards are convened in the qualifying jurisdictions to determine the highest
need and best use of funds and to select Local Recipient Organizations to
receive funding and provide emergency food and shelter services and each year
needs are assessed in an effort to adapt to particular community needs;
C. The EFSP was created to supplement the work of local social service agencies,
both non-profit and governmental, in assisting people in need of emergency
assistance. The funding is used to target special emergency needs, these needs
are primarily economic in nature, as opposed to disaster related and the
program's funding priority is to provide renUmortgage assistance and food to
59
those in need;
D. The City has previously received EFSP funding, and the grant can provide funds
for the provision of renVmortgage assistance to individuals and families at-risk of
homelessness; provision of food vouchers; and utility assistance;
E. This request is for Phase 32 funding for calendar year 2015 and matching funds
are not required for this grant; and
WHEREAS, the Administration requests retroactive approval to submit an
application to the Miami-Dade County Homeless Trust in the amount of $65,212 forthe
City's Homeless Outreach Program, the details of which are as follows:
A. the U.S. Department of Housing and Urban Development (U.S. HUD) has
issued a Notice of Funding Availability (NOFA) for its Continuum of Care
Program, which is the primary Federal funding source for homeless assistance
programs, and all current U.S. HUD funded projects with program funding
expiring in calendat yeat 2015 must request renewal funding through this
competitive process;
B. the Miami-Dade County Homeless Trust serves as the Applicant for U.S. HUD
NOFA funds on behalf of the Miami-Dade County Continuum of Care system
(MDCoC), and the MDCoC encompasses all of Miami-Dade County, including
all municipalities;
C. all local entitlement jurisdictions are part of the MDCoC, and the "Collaborative
Application" will contain projects submitted by Project Applicants;
D. the City has received these funds since 2003 to support the salaries of
Homeless Outreach staff in the City's Housing and Community Services
Department;
E. as such, the Administration has applied for continuation of funding through this
col laborative application ;
F. a match of at least 25o/o is required, and matching funds in the amount of
$16,500 are available from the Housing and Community Services Department
FY 2014115 Operating Budget; and
WHEREAS, the Administration requests retroactive approval to submit an
application to the Knight Foundation Libraries Challenge for funding for a Technology
Access Program, the details of which are as follows:
A. the Knight Foundation supports transformational ideas that promote quality
journalism, advance media innovation, engage communities and foster the arts
and the goal of the program is to fund innovative ideas that address how to
leverage libraries to build more knowledgeable communities and make libraries
relevant;
B. the Knight Libraries Challenge will award a share of $2.5 million in funding to the
successful applicants, and will also provide support from Knight's network of
influential peers and advisors to help advance ideas;
C. the Knight Foundation prefers projects that seek to close the digital divide in
underrepresented areas, examples include digital learning opportunities for job
seekers, seniors, and youth;
D. the Administration, in partnership with the Miami Beach public libraries has
applied for funds to create a technological hub at our libraries. The Miami Beach
Technology Access Program will provide technological goods and services to
everyone who lives, works and plays in the City of Miami Beach. lt will provide
60
technological and educational opportunities through hotspot programs, in-person
tech support online programs as well as a technology site for streaming and
recording lectures and a site for business discussions. The program will include
technology trainings for seniors as well as using technology in tutoring for
children.
E. if successful, the Knight Foundation will collaborate with the City on the budget
and amount of award to be made.
F. this grant does not require matching funds and the project supports the key
intended outcome to achieve educational (K-12) excellence.
WHEREAS, the Administration requests retroactive approval to submit an
application to The United States Conference of Mayors for the 2015 Childhood
Obesity Prevention Awards program for funds in an amount up to $120,000 to
enhance the health and well-being of youth in our community, the details of
which are as follows:
A. in 2012, The United States Conference of Mayors (USCM) and the American
Beverage Association (ABA) partnered to create the Childhood Obesity
Prevention Program, a landmark three-year initiative to provide support to cities
in their efforts to eradicate childhood obesity;
B. the goal of the program is to recognize outstanding mayoral-based initiatives that
have the greatest potential to reduce childhood obesity, and to provide those
outstanding programs with capacity-building resources to assist their local
programs for broader reach in tackling the challenge of childhood obesity;
C. the program also includes a national public awareness campaign, and will
connect mayors with innovative, cost-effective program strategies to successfully
reduce childhood obesity in their cities;
D. the City plans to apply for this program to enhance the health and well-being of
youth in our community by implementing a program to reduce childhood obesity
through interactive educational nutrition activities based on the USDA's team
nutrition program and other innovative curricula including healthy snack
distribution, interactive cooking classes, recipe pamphlet and informational
brochure distribution, community garden and local produce farm field trips;
E. this grant supports the key intended outcome of achieving educational (K-12)
excellence;
F. this grant does not require matching funds.
WHEREAS, due to the short turnaround time of the grant deadlines for the above
grant applications, the Administration requests retroactive approval for these grant
submittals.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission
approve and authorize the City Manager or his designee to take the following actions: '1)
Submit a grant application to the Florida Junior Golf Council, for funding in the
approximate amount of $5,000 for the Normandy Shores Youth Golf Program; 2) Submit
an application to Florida Department of State, Division of Historical Resources for
funding in the approximate amount of $350,000 for the restoration of the 28th Street
Obelisk; 3) Submit an application to the US Department of Homeland Security FEMA, for
the Emergency Food and Shelter Program for funding in the approximate amount of
61
$40,000; and retroactive approval for the following: 4) Submittal of a grant application to
Miami-Dade County Homeless Trust, for inclusion in the application to be submitted by
the Miami-Dade County Continuum of Care for the 201312014 U.S. HUD Notice of
Funding Availability (NOFA) for the Continuum of Care Program, for funding, in the
amount of $65,212, for the City's Homeless Outreach Program; 5) Submittal of an
application to the Knight Foundation, Knight News Challenge on Libraries, for funding for
a technology access program; and 6) Submittal of a grant application to the U.S.
Conference of Mayors for the 2015 Childhood Obesity Prevention Grants Program in the
approximate amount of $120,000 for a Food and Nutrition Program for youth; approving
and authorizing the appropriation of the above grants and funding requests, including
any requisite matching funds and city expenses; and further authorizing the City
Manager or his designee to take all necessary steps and execute all necessary
documents in connection with the aforestated grants and funding requests, including,
without limitation, applications, granUfunding agreements and audits.
PASSED and ADOPTED this day of 2014.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
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COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO REJECT THE SINGLE PROPOSAL
RECEIVED, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFO) NO. 2014-237JR: FOR PLANS REVIEW,
INSPECTIONS AND PERMIT CLERK SERVICES; AUTHORIZING A CONTINUING MONTH-TO-MONTH EXTENSION
OF CONTRACT NUMBER RFP47-08/09 FOR PLANS REVIEWAND BUILDING INSPECTOR;ANDAUTHORIZING
THE ISSUANCE OF A NEW RFQ.
Maximize The Miami Beach Brand As A World Class Destination
Data (Surveys, Environmenta! Scan, etc: N/A
Item Summary/Recommendation:
The City of Miami Beach Building Department requires supplemental services related to plans review, inspections and
permit clerk services through third-party contractors. The City currently has a contract, which has no renewal periods
remaining, for these services with several service contractors to provide these services. The current providers are: CAP
Government, M.T. Causley, Nova Engineering and Veffcal Assessment. These services are necessary to address the
variable demand requirements in the Building Department, and to be able to offer customers a high level of service. To
address the needs following the expiration of the current contract, the Administration is requesting the release of a
Request for Qualifications for these services.
The intent of this RFQ was to award a contract to a minimum of two (2) consultants to provide these services for a term
of three (3) years with two (2) one (1) year options to renew at the discretion of the City. One major change in the
recently released RFQ is that providers who also provide the same services to private contractors will be prohibited
from being award. The reason for this is that potential conflicts exist when a service provider acting on behalf of the City
in plans review, inspections and permit services is involved with private contractors forwhom the same service provider
is also providing services.
On July 23,2014, the City Commission approved to issue the Request for Qualifications (RFQ) No.2014-237-JR. On
July 25,2014, the RFQ was issued. A voluntary pre-proposal conference to provide information to the proposers was
held on August 7,2014. RFQ responses were due and received on August 26,2014. The City received one (1)
proposal from CAP Government. The other current services providers declined to respond, most likely due to the
prohibition that those firms providing services to the City would be precluded from providing services to private
contractors.
The Committee convened on September 29,2014 and was provided an overview of the project, information relative to
the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided general
information on the scope of services, references, and a copy of each proposal. Additionally, the Committee engaged in
a question and answer session after the presentation of the proposer.
However, in its due diligence the City discovered that one of the team members for CAP Government is also a principal
for a firm that provides private inspections and plans review for private clients, which is prohibited in the RFQ.
Accordingly, the proposal received from CAP was deemed non-responsive.
Therefore, the City Manager recommends the rejection of the proposal received from CAP Government pursuant to the
RFQ. Subsequently, the Administration will be conducting an industry review meeting to review the specifications and
scope of this project in an effort to increase the number of proposals in a forthcoming RFQ. After the industry review
meeting, the Administration will prepare and issue a new RFQ, which will be submitted to the City Commission via
Letter to Commission ('LTC').
RECOMMENDATION
the Resolution.
Advisorv Board Recommendation:
Clerk's Office tive Track
Permit Clerk (Reject Proposal)
Financial lnformation:
Source of
Funds:
Amount Account
1
2
OBPI Total
Financial lmoact Summarv:
Alex Denis, Extension 6641
lnspections
AGEFIDA TEW C1 B
B*r8 10-22'/u64
MIAMIBEACH
City of Miomi Beoch, l700 Convenlion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members pf the City
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
sUBIECT: A RESOLUTION OF THE MAYCIR AND clTY COMMISSION OF THE clTY OF
MIAMI BEACH, FLORIDA, ACCEFTING THE RECOMMENDATION OF THE CITY
MANAGER TO REJECT THE SINGLE PROPOSAL RECEIVED, PURSUANT TO
REQUEST FOR QUALIFICATIONS (RFO) NO. 2014-237-JR: FOR PLANS
REVlEw, INSPECTIONS AND PERMIT CLERK SERVTCES; AUTHORIZING A
CONTINUING MONTH.TO.MONTH EXTENSION OF CONTRACT NUMBER RFP.
47-08/09 FOR PLANS REVIEW AND BUILDING !NSPECTOR; AND
AUTHORIZING THE ISSUANCE OF A NEW RFQ.
ADMINISTRATION RECOMMEN DATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Build and Maintain Priority lnfrastructure with FullAccountability
FUNDING
N/A
BACKGROUND
Tftercity of fUiaml Beach Building Department requires supplemental services related to plans
review, inspections and permit clerk services through third-party contractors. The City currently
has a contract, which has no renewal periods remaining, for these services with several
service contractors to provide these services. The current providers are: CAP Government,
M.T. Causley, Nova Engineering and Vertical Assessment. These services are necessary to
address the variable demand requirements in the Building Department, and to be able to offer
customers a high level of service. To address the needs following the expiration of the current
contract, the Administration is requesting the release of a Request for Qualifications for these
services.
The intent of this RFQ was to award a contract to a minimum of two (2) consultants to provide
these services for a term of three (3) years with two (2) one (1) year options to renew at the
discretion of the City. One major change in the recently released RFQ is that providers who
also provide the same services to private contractors will be prohibited from being award. The
reason for this is that potential conflicts exist when a service provider acting on behalf of the
City in plans review, inspections and permit services is involved with private contractors for
whom the same service provider is also providing services.
RFQ PROGESS
On July 23, 2014, the City Commission approved to issue the Request for Qualifications
(RFO) No. 2014-237-JR. On July 25, 2014, the RFQ was issued. A voluntary pre-prop_osal
confeience to provide information to the proposers was held on August 7, 2014. RFQ
c/mmissionb
65
Commission Memorandum - RFQ No. 2014-237-JR: Plans Review, lnspections and Permit Clerk
Services
October 29,2014
Page2
responses were due and received on August 26,2014. The City received one (1) proposal
from CAP Government. The other current services providers declined to respond, most likely
due to the prohibition that those firms providing services to the City would be precluded from
providing services to private contractors.
On September 8, 2014, the City Manager via Letter to Commission (LTC) No. 309-2014,
appointed an Evaluation Committee (the "Committee"), consisting of the following individuals:. Stephen Scott, Deputy Director, Building Department. Linda Blanco, Assistant Director, Building Department
The Committee convened on September 29, 2014 and was provided an overview of the
project, information relative to the City's Cone of Silence Ordinance and the Government
Sunshine Law. The Committee was also provided general information on the scope of
services, references, and a copy of each proposal. Additionally, the Committee engaged in a
question and answer session after the presentation of the proposer.
However, in its due diligence the City discovered that one of the team members for CAP
Government is also a principal for a firm that provides private inspections and plans review for
private clients, which is prohibited in the RFQ. Accordingly, the proposal received from CAP
was deemed non-responsive.
Therefore, the City Manager recommends the rejection of the proposal received from CAP
Government pursuant to the RFQ. Subsequently, the Administration will be conducting an
industry review meeting to review the specifications and scope of this project in an effort to
increase the number of proposals in a forthcoming RFQ. After the industry review meeting,
the Administration will prepare and issue a new RFQ, which will be submitted to the City
Commission via Letter to Commission ("LTC").
MANAGER'S DUE DILIGENCE & RECOMMENDATION
Adopt the Resolution.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida: accept the recommendation of the City Manager to reject the single proposal
received, pursuant to Request for Qualifications (RFO) No.2014-237-JR: for Plans Review,
lnspections and Permit Clerk Services, authorizing a month-to-month extension of contract no.
RFP-47-08/09 Plans Review and Building lnspector; and authorizing the issuance of a newRFQ
[ll,
JLM / JMJ IfiAF IAD / JVR
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66
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER TO REJECT THE SINGLE PROPOSAL RECEIVED,
pURSUANT TO REQUEST FOR QUALTFTCATTONS (RFO) NO. 2014-237-JR:
FOR PLANS REVIEW, INSPECTIONS AND PERMIT CLERK SERVICES;
AUTHORIZING A CONTINUING MONTH.TO.MONTH EXTENSION OF
CONTRACT NUMBER RFP.47.O8/09 FOR PLANS REVIEW AND BUILDING
INSPECTOR; AND AUTHORIZING THE ISSUANCE OF A NEW RFQ.
WHEREAS, Request for Qualifications No. 2014-237-JR (the RFQ), for Plans
Review, lnspections and Permit Clerk Services, was issued on July 25, 2014, with a
deadline for receipt of proposals of August 26, 2014; and
WHEREAS, a pre-bid conference to provide information to the proposers was
held on August 7,2014; and
WHEREAS, the City received a proposal from the following firm: C.A.P.
Government, deemed non-responsive; and
WHEREAS, the Administration recommends the rejection of the proposal
received pursuant to the RFQ; and
WHEREAS, the Administration also recommends a continuing month-to-month
extension of contract number RFP-47-08/09 for Plans Review and Building lnspection;
and
WHEREAS, the Administration will be conducting an industry review meeting to
review the specifications and scope of this project in an effort to increase the number of
proposals in the forthcoming RFQ; and
WHEREAS, after the industry review meeting, the Administration will prepare
and issue a new RFQ, which will be submitted to the City Commission via a Letter to
Commission ("LTC"); and
WHEREAS, after reviewing the Administration's recommendation, the City
Manager exercised his due diligence and recommends that the Mayor and the City
Commission reject the single proposal received pursuant to this RFQ; authorizing a
month-to-month extension of contract number RFP-47-08/09; and authorizing the
issuance of a new RFQ.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager to reject the single
proposal received, pursuant to Request for Qualifications (RFO) No. 2014-237-JR, for
the Plans Review, lnspections and Permit Clerk Services; authorizing a monthto-month
extension of contract number RFP-47-08/09; and authorizing the issuance of a new
RFQ.
67
PASSED AND ADOPTED this
-
day of
ATTEST:
2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
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g t/iA,iv/^,iBrACH
City of Miomi Beoch, I /00 Convention Cenler Drive, Miomi Beoch, Florido 33 139. ww'w.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
Jimmy L. Morales, City Manager
FROM: Raul Aguila, City Attorn ey W8-
DATE: October 22,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RELATING TO URGING THE STATE LEGISLATURE
AND THE FEDERAL FOOD AND DRUG ADMINISTRATION TO ENACT
REGULATIONS REQUIRING THE DISCLOSURE AND MANDATORY LABELING
OF ALL GENETICALLY ENGINEERED FOOD PRODUCTS; AND lN THE INTERIM,
URGE THE COMPANIES THAT PROVIDE FOR THE DISTRIBUTION,
MANUFACTURING AND PRODUCTION CROPS OR FOOD PRODUCTS TO
VOLUNTARILY LABEL THE CROPS AND FOOD PRODUCTS THAT HAVE BEEN
GENETICALLY ENGINEERED.
BACKGROUND
Pursuant to the request of Commissioner Micky Steinberg, a resolution was prepared urging the
state legislature and the federal Food and Drug Administration to enact regulations requiring the
disclosure and mandatory labeling of all genetically engineered food products; and in the
interim, urge the companies that provide for the distribution, manufacturing and production of
genetically engineered crops or food products to voluntarily label the crops and food products
that have been genetically engineered.
The Mayor and Commission are concerned with the quality of life of the residents of Miami
Beach and understand that there may be long{erm health risks to the general public and the
environment due to genetically engineered foods. The ramifications of genetic engineering of
our food are unknown, and as such the public should have the knowledge and ability to decide
whether to consume such genetically engineered foods. Genetically engineered crops are
engineered by transferring genetic material from one organism into another to create specific
traits, such as making a plant resistant to treatment with herbicides, or enabling a plant to
produce its own pesticide to repel insects. The genetic altering can lead to unintended
consequences to the environment, and to our health.
Knowing what is in our food is incredibly important.
Conclusion
The Administration recommends that the Mayor and City Commission adopt the attached
Resolution, which urges the state legislature and the federal Food and Drug Administration to
enact regulations requiring the disclosure and mandatory labeling of all genetically engineered
food products; and in the interim, urge the companies that provide for the distribution,
manufacturing and production of genetically engineered crops or food products to voluntarily
label the crops and food products that have been genetically engineered.
Agenda ltem C7 C
Date l0-22-lV70
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: October 15,2014
SUBJECT: Agenda item for the October 22,2014 Commission Meeting
Please add to the October 22,2014 Commission Agenda a Resolution regarding genetically
engineered food items, urging the State Legislature and the Federal Food and Drug
Administration to enact regulations requiring the disclosure and mandatory labeling of all
genetically engineered food products. Please see the attached.
lf you have any questions please do not hesitate to call our office.
Thank you.
Tathiane Trofino
On behalf of Commissioner Micky Steinberg
MIAMIBEACH
Com m i ssion er M icky Stei n berg
OFFICE OF MAYOR AND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7 103 I Fax: 305-673-7096 / www.miamibeachfl .qov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic
community.
We ore commiffed to providing excellent public service ond sofefy to oll who live, work, ond ploy in our vibront, tropicol, historic communify'
71
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RELATING TO URGING THE STATE
LEGISLATURE AND THE FEDERAL FOOD AND DRUG ADMINISTRATION
TO ENACT REGULATIONS REQUIRING THE DISCLOSURE AND
MANDATORY LABELING OF ALL GENETICALLY ENGINEERED FOOD
PRODUCTS; AND IN THE INTERIM, URGE THE COMPANIES THAT
PROVIDE FOR THE DISTRIBUTION, MANUFACTURING AND
PRODUCTION CROPS OR FOOD PRODUCTS TO VOLUNTARILY LABEL
THE CROPS AND FOOD PRODUCTS THAT HAVE BEEN GENETICALLY
ENGINEERED.
WHEREAS, the City of Miami Beach, a World-Class City values progress, innovation
and technology and recognizes that consumers desire to have accurate and thorough
information about the food they feed their families at their fingertips; and,
WHEREAS, the Mayor and Commission are concerned with the quality of life of the
residents of Miami Beach and understand that there may be long-term health risks to the
general public and the environment due to genetically engineered foods; and,
WHEREAS, the ramifications of genetic engineering of our food are unknown, and as
such the public should have the knowledge and ability to decide whether to consume such
genetically engineered foods; and
WHEREAS, genetically engineered crops are engineered by transferring genetic
material from one organism into another to create specific traits, such as making a plant
resistant to treatment with herbicides, or enabling a plant to produce its own pesticide to repel
insects; and
WHEREAS, genetically engineered corn and soybeans are the building blocks of the
industrialized food supply, ending up in products ranging from livestock feed to hydrogenated
vegetable oils to high-fructose corn syrup; and
WHEREAS, a 2009 lnternational Journal of Biological Sciences study found that rats
that consume genetically engineered corn for 90 days developed a deterioration of liver and
kidney functioning; and
WHEREAS, certain genetically engineered foods altered to produce their own pesticide
have enabled the creation of weeds resistant to the "pesticide", thus requiring farms to use
additional toxic pesticides while growing crops; and,
WHEREAS, the labeling of food and food products to correctly reflect whether the foods
are genetically engineered is a "right-to-know" issue; and
WHEREAS, there are over 64 countries that enforce labeling laws for genetically
engineered food; and
72
WHEREAS, a 2012 poll reflected that 91 percent of persons polled favor having the U.S.
Food and Drug Administration (FDA) require labels of genetically engineered foods or foods
containing genetically engineered ingredients; and of those polled, 81 percent strongly favored
the labeling proposal; and
WHEREAS, a 2013 New Your Times poll found that 93 percent of U.S. consumers want
all genetically engineered ingredients to be labeled; and
WHEREAS, as of June 2014, more than 60 bills have been introduced in over 20 states
in the United States to require genetic engineering labeling; and
WHEREAS, the Mayor and City Commission urge the state legislature and the federal
Food and Drug Administration to enact regulations requiring the disclosure and mandatory
labeling of all genetically engineered food products; and in the interim, urge the companies that
provide for the distribution, manufacturing and production of genetically engineered crops or
food products to voluntarily label the crops and food products that have been genetically
engineered.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, urge the state legislature and the
federal Food and Drug Administration to enact regulations requiring the disclosure and
mandatory labeling of all genetically engineered food products; and in the interim, urge the
companies that provide for the distribution, manufacturing and production of genetically
engineered crops or food products to voluntarily label the crops and food products that have
been genetically engineered.
PASSED AND ADOPTED this _ day of
ATTEST:
2014.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
,6[R[8ER8ilB'
& FOR EXECUIION
,454
Doie
73
g MtAMtBEAcH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
Jimmy L. Morales, City Manager
FROM: RaulAguila, City Attorney QN
DATE: October 22,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE Clry OF
MIAMI BEACH, FLORIDA, TO URGE THE CHILDREN'S TRUST AND THE MIAMI.
DADE COUNry SCHOOL BOARD TO SUPPORT AND FINANCE
COMPREHENSIVE SCHOOL.BASED HEALTH GENTERS IN MIAMI BEACH
PUBLIC SCHOOLS; PARTICULARLY, BY PLACING A CENTER lN THE Clw OF
MIAMI BEACH AT A MIAMI BEACH PUBLIC SCHOOL; AND SUSTAIN THE
REGISTERED NURSE HEALTH SUITES WITHIN MIAMI BEACH PUBLIC
SCHOOLS AND FEEDER SCHOOLS.
BACKGROUND
Pursuant to the request of Commissioner Micky Steinberg, a resolution was prepared urging the
Children's Trust and the Miami-Dade County School Board to support and finance the
Comprehensive School-Based Health Centers process; particularly, by placing a Center in the
City of Miami Beach at a Miami Beach public school; and sustain the registered nurse health
suites within Miami Beach public schools or feeder schools.
The Education Compact with Miami-Dade County Public Schools (M-DCPS), established on
January 16, 2008, includes the outcome to increase the health and well-being of students in
Miami Beach public schools. The activities included in the Compact agreement to support this
outcome include the following:
o The school District will maintain health clinics (nurse practitioners and/or registered
nurses) at Fienberg-Fisher K-8 Center, Biscayne Elementary, Nautilus Middle, and
Miami Beach Senior High, subject to continued available funding, and will work with all
Miami Beach schools to coordinate visits from the Health Connect In our Schools service
(HCIOS) (as available) or similar service to schools and/or Miami Beach recreation
centers;
r The District and the City will collaborate to deliver information regarding health and
wellness education, prevention and intervention strategies regarding nutrition, physical
activity levels, and health maintenance in accordance with the District's Wellness
lnitiative;
r The City will explore the development of a middle school level after-school program.
The District will collaborate with the City by assisting with the recruitment of students,
including providing space within District-owned facilities as needed, and exploring
expanded transportation options for participating students; and
Agenda Item (7 D
oate h'22-lV74
Commission Memorandum
October 22, 2014
Chi I dren's Tru st Resol ution
Page 2 of 2
oThe District will explore the expansion of fulltime nurse practitioners and/or registered
nurses at schools without health clinics, subject to available funding. The schools
participating in the municipal Nurse lnitiative have an HCIOS team of professionals
including a shared registered nurse, a fulltime medical assistant, and a social worker.
The benefits of HCIOS health teams include: a coordinated level of school-based
healthcare, expanded health screenings, and assessments with access to follow-up
care, mental and behavioral health services to identify and solve student health and
educational issues, nutrition and health counseling, health services for uninsured
students with no other option for access to health care, emergency first aid/CPR, and
chronic disease management.
On September 15, 2014, Dr. Peter Gorski, Chief Health and Child Development Officer The
Children's Trust, provided additional information regarding changes to the HCIOS program
beginning in the 2015-16 school year, which changes include, but are not limited to, the
following:
oRegistered Nurse-staffed Health Suites (RNHS) will provide enhanced basic school
health services that include physical, oral, and behavioral health) new model. The shift
from the current HCIOS model to the RNHS model will result in an estimated decrease
of 27 HCIOS across Miami-Dade County from 160 to 133, but allow for the creation of
Comprehensive School-Based Health Centers.
oComprehensive School-Based Health Centers (SBHC) will results in a scaled back
number of health suites initially in order to initiate the SBHC model linked to community
pediatric practices to provide primary care to underserved children and families.
Approximately 5 or 6 will be created. These centers will provide comprehensive primary
care, oral health, and behavioral health services and be strategically located within
Miami-Dade County in areas with high rates of Medicaid eligibility and child poverty.
On September 23,2014, the Committee for Quality Education passed a motion requesting the
Mayor and Commission to sustain health clinic suites in all Miami Beach feeder public schools
with a registered nurse and encourage the Children's Trust and Miami-Dade County Public
Schools to place a Comprehensive School-Based Health Center on Miami Beach. The City
already provides funding to Treasure lsland Elementary and North Beach Elementary to fund a
nurse position for both 201-2014 and the 2014-2015 school years.
Based upon the foregoing, to urge the Children's Trust and the Miami-Dade County School
Board to support and finance the Comprehensive School-Based Health Centers process;
particularly, by placing a Center in the City of Miami Beach at a Miami Beach public school;
and/or sustain the registered nurse health suites within Miami Beach public schools or feeder
schools.
Gonclusion
The Administration recommends that the Mayor and City Commission urge the Children's Trust
and the Miami-Dade County School Board to support and finance the Comprehensive School-
Based Health Centers process; particularly, by placing a Center in the City of Miami Beach at a
Miami Beach public school; and sustain the registered nurse health suites within Miami Beach
public schools or feeder schools.
Wearecontrnitledloprovidingexceiienl publicserviceondsot'e\bali whohve,work ondptayinourvibrant lropicoi.historiccammunil,/
75
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: October 15,2014
SUBJECT: Agenda item for the October 22,2014 Commission Meeting
Please add to the October 22, 2014 Commission Agenda a Resolution urging the
Children's Trust and the Miami-Dade County School Board to support and finance
comprehensive school-based health centers in Miami Beach Public Schools;
particularly, by placing a center in the City of Miami Beach at a Miami Beach Public
School; and sustain the registered nurse health suites within Miami Beach Public
Schools and feeder schools. Please see the attached.
lf you have any questions please do not hesitate to call our office.
Thank you.
Tathiane Trofino
On behalf of Commissioner Micky Steinberg
MIAMIBEAG*
Com mi ssi oner M icky Stei n berg
OFFICE OF MAYOR AND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7 103 I Fax: 305-673-7096 / 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.
We ore commilted to providing excellent public service ond sofery lo oll who live, work, ond ploy in our vibront', tropicol, histonc community'
76
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIry
OF MIAMI BEACH, FLORIDA, TO URGE THE CHILDREN'S TRUST AND
THE MIAMI.DADE COUNTY SCHOOL BOARD TO SUPPORT AND
FINANCE COMPREHENSIVE SCHOOL.BASED HEALTH CENTERS IN
MIAMI BEACH PUBLIC SCHOOLS; PARTICULARLY, BY PLACING A
CENTER !N THE CITY OF MIAMI BEACH AT A MIAMI BEACH PUBLIC
SGHOOL; AND SUSTAIN THE REGISTERED NURSE HEALTH SUITES
WITHIN MIAMI BEACH PUBLIC SCHOOLS AND FEEDER SCHOOLS.
WHEREAS, the Education Compact with Miami-Dade County Public Schools (M-DCPS),
established on January 16, 2008, includes the outcome to increase the health and well-being of
students in Miami Beach public schools; and
WHEREAS, the activities included in the Compact agreement to support this outcome
include the following:
o The school District will maintain health clinics (nurse practitioners and/or
registered nurses) at Fienberg-Fisher K-8 Center, Biscayne Elementary, Nautilus
Middle, and Miami Beach Senior High, subject to continued available funding,
and will work with all Miami Beach schools to coordinate visits from the Health
Connect ln our Schools service (HCIOS) (as available) or similar service to
schools and/or Miami Beach recreation centers;
o The District and the City will collaborate to deliver information regarding health
and wellness education, prevention and intervention strategies regarding
nutrition, physical activity levels, and health maintenance in accordance with the
District's Wellness lnitiative;
o The City will explore the development of a middle school level after-school
program. The District will collaborate with the City by assisting with the
recruitment of students, including providing space within District-owned facilities
as needed, and exploring expanded transportation options for participating
students; and
oThe District will explore the expansion of full-time nurse practitioners and/or
registered nurses at schools without health clinics, subject to available funding.
The schools participating in the municipal Nurse lnitiative have an HCIOS team
of professionals including a shared registered nurse, a fulltime medical
assistant, and a social worker. The benefits of HCIOS health teams include: a
coordinated level of school-based healthcare, expanded health screenings, and
assessments with access to follow-up care, mental and behavioral health
services to identify and solve student health and educational issues, nutrition and
health counseling, health services for uninsured students with no other option for
access to health care, emergency first aid/CPR, and chronic disease
management;
and
WHEREAS, on September 15, 2014, Dr. Peter Gorski, Chief Health and Child
77
Development Officer The Children's Trust, provided additional information regarding changes to
the HCIOS program beginning in the 2015-16 school year, which changes include, but are not
limited to, the following:
oRegistered Nurse-staffed Health Suites (RNHS) will provide enhanced basic
school health services that include physical, oral, and behavioral health) new
model. The shift from the current HCIOS model to the RNHS model will result in
an estimated decrease of 27 HCIOS across Miami-Dade County from 160 to 133,
but allow for the creation of Comprehensive School-Based Health Centers.
rComprehensive School-Based Health Centers (SBHC) will results in a scaled
back number of health suites initially in order to initiate the SBHC model linked to
community pediatric practices to provide primary care to underserved children
and families. Approximately 5 or 6 will be created. These centers will provide
comprehensive primary care, oral health, and behavioral health services and be
strategically located within Miami-Dade County in areas with high rates of
Medicaid eligibility and child poverty;
and
WHEREAS, on September 23, 2014, the Committee for Quality Education passed a
motion requesting the Mayor and Commission to sustain health clinic suites in all Miami Beach
feeder public schools with a registered nurse and encourage the Children's Trust and Miami-
Dade County Public Schools to place a Comprehensive School-Based Health Center on Miami
Beach; and
WHEREAS, the City already provides funding to Treasure lsland Elementary and North
Beach Elementary to fund a nurse position for both 2013-2014 and 2014-2015 school years,
which program has been tremendously successful; and,
WHEREAS, the City Commission urges the Children's Trust and Miami-Dade County
Public Schools to support the Comprehensive School Based Health Center process;
particularly, by placing a Center in the City of Miami Beach at a Miami Beach public school; and
sustain the registered nurse health suites within the Miami Beach public schools.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, to urge the Children's Trust and
the Miami-Dade County School Board to support and finance the Comprehensive School-Based
Health Centers process; particularly, by placing a Center in the City of Miami Beach at a Miami
Beach public school; and sustain the registered nurse health suites within Miami Beach public
schools or feeder schools.
PASSED AND ADOPTED this _ day of
ATTEST:
2014.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
tils)p
--,Dote
Rafael E. Granado, City Clerk
Philip Levine, Mayor
78
THIS PAGE INTENTIONALLY LEFT BLANK
79
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution Electing Commissioner Joy Malakoff, Group lll, As Vice-Mayor, ForATerm Commencing On
November 1,2014 And Terminating On February 28,2015, Or On Such Date When A NewVice-Mayor ls
Thereafter Elected.
N/A.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation :
The City Commission has established a policy of rotating the position of Vice-Mayor everyfour (4) months.
Since 1994, the rotation has been by Commission Group number, in the following sequence: Group l, ll, lll,
lV, V and Vl.
Based on this direction, the next Vice-Mayor Group is Group lll. The term for the next Vice-Mayor is
November 1,2014 And Terminating On February 28,2015. Commissioner Joy Malakoff is next in the
rotation to serve as Vice-Mayor.
Financial lnformation :
Source of
Funds:
tltt
OBPI
Financial lmpact Summary:
Glerk's Office
Rafael E. Granado, City Clerk
Assistant City Manager
AGEHDA t:EM c7 EE MIAIIAIBfiAC.H D*rE /o-22-/y80
g MIAMIBEACH
Cify of Miomi Beoch, l700 Convention Cenier Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
the City Co
SUBJECT: A RESOLUTION OF THE MAYOR trND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ELEC]1NG COMMTSSIONER JOY MALAKOFF,
GROUP III, AS VICE.MAYOR, FOR A TERM COMMENCING ON NOVEMBER 1,
2014 AND TERMINATING ON FEBRUARY 28, 2015, OR ON SUCH DATE
WHEN A NEW VICE.MAYOR IS THEREAFTER ELECTED.
ANALYSIS
The City Commission has established a policy of rotating the position of Vice-Mayor every
four(4) months. Since 1994, the rotation has been byCommission Group number, in the
following sequence: Group l, ll, lll, lV, V and Vl.
Based on this direction, the next Vice-Mayor Group is Group lll. The term for the next Vice-
Mayor is November 1 ,2014 through February 28,2015. Commissioner Joy Malakoff is next
in the rotation to serve as Vice-Mayor.
JLM/REG B
T:\AGENDA\201 4\OctobeAVice-MayorWice-mayor.cm.doc
81
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAM! BEACH, FLORIDA, ELECTING COMMISSIONER JOY
MALAKOFF, GROUP III, AS VICE.MAYOR, FOR A TERM COMMENCING
ON NOVEMBER 1, 2014 AND TERMINATING ON FEBRUARY 28,2015,
OR ON SUCH DATE WHEN A NEW VICE-MAYOR IS THEREAFTER
ELEGTED.
WHEREAS, the Mayor and City Commission established a policy of rotating the position of
Vice-Mayor every four months; and
WHEREAS, for the term commencing on November 1 ,2014 and terminating on February 28,
2015, the Mayor and City Commission herein elect Commissioner Joy Malakoff as Vice-Mayor.
NOW, THEREFORE, BE !T DULY RESOLVED BYTHE MAYORAND CIry GOMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that Commissioner Joy Malakoff is hereby elected as
Vice-Mayor of the City of Miami Beach, Florida, for a term commencing on November 1, 2014 and
terminating on February 28,2015, or on such date when a new Vice-Mayor is thereafter elected.
PASSED and ADOPTED THIS 22nd day of October 2014.
ATTEST:
PHILIP LEVINE,
MAYOR
RAFAEL E. GRANADO,
CITY CLERK
T:\AGENDA\201 4\OctobeAvice-Mayorvice-mayor - RES.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
r0-s
Date
82
83
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Authorizing the
issuance of a Request For Letters of lnterest (RFLI) from Human Service Providers and others in
of oursuino funds from The Children's Trust and other funders.
N/A
Data (Surveys, Environmenta! Scan, etc.):
Item Summary/Recommendation :
The City is entering its last year of funding under the existing grant agreements for the Parent Child
Home Program and Morning All Stars. Further, it is anticipated that the Trust will issue Requests for
Proposals (RFP) by January 2015 in severalfunding categories.
ln anticipation of these issuances, the Office of Community Services would like to issue a Request for
Letters of lnterest (RFLI) to identify human service and other service providers willing and able to
partner with the City in furtherance of its human service goals. ln addition to the Trust funding
opportunities, additional Local, State, Federal and private foundation funding opportunities will be
pursued to build our community's capacity to serve our children, youth, families and elderly residents.
This is the second time the Office of Community Services has issued an RFLI in support of its funding
efforts through the Trust. An RFLI issued in 2012 identified the City's current service provider partners.
Through the issuance of an RFLI, we intend to identify multiple providers to broaden the Partnership's
capacity as well as fill service gaps that exist including parenting supports and youth mentoring.
The City has attended a variety of public meetings sponsored by the Trust in advance of the issuance
of its latest RFPs. These meetings have hinted that the Trust will be seeking specific services in its
next funding cycles. ln anticipation of this, the City's RFLI issuance will seek to include those services
to ensure the best possible responsiveness and competitiveness of our applications.
Administration Recommendation
Adopt the Resolution.
Financial lnformation:
Source of
Funds:
Amount Account
1 N/A
2
3
OBPI Total
Financial lmpact Summary:
Maria Ruiz/ Housing & Community Services
AGEITTDA nan C1 FMIAMIBEACHolrrE lo'ekt{84
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA,NG THE ISSUANCE OF A REQUEST
FOR LETTERS OF INTEREST FROM HUMAN SERVICE PROVIDERS
AND OTHERS IN ANTICIPATION OF PURSUING GRANT OPPORTUNITIES
THROUGH THE CHILDREN,S TRUST; LOCAL, STATE AND FEDERAL
FUNDING AGENCIES; AND PRIVATE FOUNDATIONS; AND AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE MEMORANDA OF
UNDERSTANDING WITH SELEGTED ENTITIES, IN FURTHERANGE OF AND
CONSISTENT WITH THE AFORESTATED FUNDING OPPORTUNITIES.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
BACKGROUND
With funding from The Children's Trust's (Trust) Prevention grant funding, the City has
partnered with Barry University to provide the Parent-Child Home Program to our residents
since 201 1 . The nationally replicated, evidence-based program provides a two-year cycle of
twice weekly home visits to two- to four-year-olds and their parents. Using books and
educational toys that are gifts to the family, trained home visitors model reading, play, and
conversation activities, building language-rich home environments, increasing positive
parent-child interaction, and developing pre-literacy and social-emotional skills that are
essential for school readiness. Current funding for this program expires on July 31,2015.
Since 2011, the City has operated the Morning All Stars program with funding via the Trust
as part of its Youth Development funding initiative. Morning All Stars is a best practice
program that empowers sixth and seventh graders to prevent the early-stage onset of
substance abuse, premature sexual activity, fighting, bullying, and delinquency through
group activities, discussions, and take home projects. AllStars promotes idealism, normative
beliefs, positive lifestyles, wholesome standards, resiliency, a sense of belonging, and a
positive relationship with parents and other adults. Current Trust funding expires on July 31,
2015.
ln 2007, the Trust provided funding to establish the framework anO ptanning of the
Partnership. Subsequently, the Citywas awarded an implementation grant creating Success
University, the first coordinated, integrated service model in our community uniting agencies
to serve youth at-risk of truancy. Success Univeisity's current funding expires on July 31,
2015. However, it has an option, at the Trust's discretion, for one additional year of funding.
TO:
FROM:
the City Cfimission
85
October 22,2014
City Commission Meeting
Page2 ol4
For the past seven years, the City has served as the lead agency of the Miami Beach
Service Partnership, a collaborative network of providers seeking to build service capacity
and improve the quality of services provided to our community's youth, families and the
elderly. The Partnership has steadily grown in membership and now includes 25 human
service agencies and providers from both the for-profit and non-profit sectors. While some of
our member agencies are contracted and provided with reimbursement for their services,
others provide in-kind services and issue referrals on behalf of the Partnership. Our current
funded Service Partnership member agencies include:
. Ayuda, lnc.
. Barry University
. Choices Et Al, lnc.
. Get Credit Healthy
. lnstitute for Child & Family Health
. Jewish Community Services
. Open Arms Community Center
. Playing the Game of Life
. Switchboard of Miami
. Teen Job Corps
Between the Parent Child Home Program, Morning All Stars and the Service Partnership,
the City provides a variety of services to our youth and families including:
. 7 Habits of Highly Effective Families trainingo 7 Habits of Highly Effective Teens training. Care Coordination. Counseling. Community Engagement. Credit Coaching. Early Literacyo Family Group Conferenceso Functional Family Therapy. lntake(!nitialAssessment)o Mental Health Assessment. Referral Serviceso Restorative Justice. Screening - Developmental. Screening - Social/Emotional. Suspension Diversion Serviceso Tutoring (Academic Support)e Youth Job Training and Employmento Youth Development and Prevention Services
The City is entering its last year of funding under the existing grant agreements for the
Parent Child Home Program and Morning All Stars. Further, it is anticipated that the Trust
will issue Requests for Proposals (RFP) by January 2015 in several funding categories. ln
anticipation of these issuances, the Office of Community Services would like to issue a
Request for Letters of lnterest (RFLI) to identify human service and other service providers
willing and able to partnerwith the City in furtherance of its human service goals. In addition
to the Trust funding opportunities, additional Local, State, Federal and private foundation
86
October 22,2014
City Commission Meeting
Page 3 of 4
funding opportunities will be pursued to build our community's capacity to serve our children,
youth, families and elderly residents.
This is the second time the Office of Community Services has issued an RFLI in support of
its funding efforts through the Trust. An RFLI issued in 2012 identified the City's current
service provider partners. Through the issuance of an RFLI, we intend to identify multiple
providers to broaden the Partnership's capacity as well as fill service gaps that exist
including parenting supports and youth mentoring.
The City has attended a variety of public meetings sponsored by the Trust in advance of the
issuance of its latest RFPs. These meetings have hinted that the Trust will be seeking
specific services in its next funding cycles. ln anticipation of this, the City's RFLI issuance
will seek to include those services to ensure the best possible responsiveness and
competitiveness of our applications. ln that vein, we are broadening our service scope to
include the following:
c 7 Habits of Highly Effective Families trainingo 7 Habits of Highly Effective Ieens trainingo Access to services for disabled youth and adultso Adult day care. Advocacy for disabled youth and adultso Aftercareo Arts educationo Arts programming
o Behavior modificationo Bullying prevention educationo Early Literacy. lnfant and child care. Care Coordination. College preparation
. Community service initiatives. Counseling (individual, group and family). Credit coaching. Drug and alcoholabuse prevention and intervention. Discrimination advocacy. Employment placement
o Employment training. English language classeso Entrepreneurship training. Environmentaleducationo Exercise and physicalwellness
. Family Group Conferencingo Family Team Conferencingo Financial literacy. Foster care advocacy and support services. Gang Preventiono Health education. Health screeningo Healthcare serviceso Homemaker serviceso Housing
87
October 22,2014
City Commission Meeting
Page 4 of 4
. lntake and assessmento Job training and employment. Literacyo Mental health assessments. Nutrition educationo Out-of-schoolprograms. Obesity prevention
. Organizationalskills development. Parenting classeso Prevention serviceso Preventive health initiatives. Recreation services. Restorative Justice serviceso Referralcoordination. Scholarship services. Screening - Developmental
. Screening - Social/Emotional. Speech therapy. Skills development for disabled youth
. Technology literacyo Transition to adulthood for foster care youth
. Truancy prevention
o Tutoring (primary and secondary grades)
. Violence prevention education. Workforce readiness. Youth development (infant to 18 years of age)o Youth intervention (infant to 18 years of age)
The RFLI's issuance is being sought in advance of the Trust's RFPs to ensure that partners
may be vetted, the appropriateness of services may be reviewed and that budget
considerations are factored in advance of the need to respond. This vetting process also
forms the foundation to pursue additional funds at the State and Federal level as well as
from private foundations.
CONCLUSION
The issuance of an RFLI will enable the identification of qualified, experienced human
services and other providers who can, in turn, partner with the City to pursue grant funds to
provide a variety of needed, quality services to the children, youth, families and elderly in our
community.
T:\AGENDA\201 4\OctobeMousing & Community Services
88
E MIAMIBEACH
City of iliomi Beoch, 1700 Convenlion Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
PROCUREMENT Division
I el 305473-7 490, Fox: 7 86.39 4.4006
REGTUEST FOR LETTERS OF INTEREST
For A Public/Privote Portnership for Providing Humon Services to Children,
Youth, Fomilies ond the Elderly within the City of Miomi Beoch
The Ci$ of Miami Beach announces an opportunity for a coordinated public/private effortto expand
human services to its residents in support of the Miami Beach Service Partnership.
The City is aggressively seeking to increase the availability and quality of human services for
children, youth, families and the elderly by pursuing local, state, federal and private funding. To this
end, the City is seeking qualified human services providers to submit letters of interest for the
submission of subsequent collaborative applications for funding.
The City is seeking providers with experience and organizational capacity in the following service
areas:
1. Care Coordination - servicing children, youth, adults and the elderly and all members of the
household
2. Counselinq - including individual, group and family therapy
3. Familv Group Conferences - including appropriate certifications and client contract
completion
4. Functional Familv Therapv - servicing youth experiencing behavior challenges and their
families
5. Restorative Justice - servicing youth in receipt of out-of-school suspension infractions
6. Suspension Diversion Services - servicing youth in receipt of out-of-school suspension
infractions
7. Tutorinq (Academic Support) - providing academic support and study skills to children and
youth in Miami Beach
L Youth Job Trainino and Emplovment - including supervision and employment provision
within the City of Miami Beach
9. Skills Development - including conflict resolution, interpersonal communication and
personal decision making for youth
10. Parentino Trainino - including family management, communication skills, early literacy,
infant and toddler skills development, and child discipline
1 1. Special Needs Services - for youth with disabilities including autism, Attention Deficit
Disorder, and behavioral problems, among others
We ore commilted to providlng excellenf public service and sofehT to oll who live, work, ond ploy in our vibront, tropicol, historic community.89
12. Elder Services - including home-based independent services within a Care Coordination
environment
'13. Recreational Proqramminq - including programming servicing youth with disabilities
The City is seeking strategic collaborations to ensure that all residents of the City seeking human
services support may receive timely, quality, effective programming to meet their individual and
family needs.
lnterested persons should submit a letter of interest that includes the following information, as
applicable:. General terms of public/private partnershipo Names and qualifications of the project team (including certifications)o Previous performance history in providing delineated services (including listing of service
contracts that were not wholly fulfilled)o Financial capacity to undertake the project (including Cost Per Service Unit estimates)o Proposed timing of the project(s)
The City will evaluate all letters of interest based upon qualifications and the extent to which the
services meet the City's needs and concerns, are of high quality and adhere to best practice
standards, and economically feasible.
Letters of interest should be submitted to:
Maria Estevez
City of Miami Beach
Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
mariaestevez@m iamibeachfl.oov
Deadline November 24,2014at 5:00 P.M. Eastern Time
Should you have any questions or need additional information, please do not hesitate to contact me
at 305-673-7490.
Thank you,
Maria Estevez
Assistant Director, Procurement Division
Senior Procurement Specialist
We ore commifled to providing excellenl public service ond sofell to oll who live, work, ond ploy in our vibront, tropicol, historic communily
90
MIAAAIBEACH
September 30,2014
RE: REQUEST FOR LETERS OF INTEREST PERTAINING TO THE ENGAGEMENT WITH
THE CITY OF MIAMI BEACH FOR QUALIFIED HUMAN SERVICE FIRMS TO PROVIDE
PROFESSIONAL SERVICES IN CONJUNCTION WITH THE PROVISION OF HUMAN
SERVICES TO RESIDENTS OF THE CITY OF MIAMI BEACH AS FUNDED.
The City of Miami Beach anticipates pursuing funding opportunities through The Children's
Trust, and local, state, and federal funding agencies, and private foundations. ln anticipation
of these opportunities, the City is seeking partners with which to pursue funds within the
framework of the Miami Beach Service Partnership.
The City of Miami Beach is funded by The Children's Trust to create and operate a service
collaborative, the Miami Beach Service Partnership, for youth at-risk of truancy, child
maltreatment, and behavior issues and their families.
The City of Miami Beach is funded by The Children's Trust to operate a Youth Development
program, All Stars; a prevention program, the Parent-Child Home Program; and an Out-of-
School program. The Youth Development, Prevention, and Out-of-School agreements with
The Children's Trust expire July 31 , 2015. The City anticipates that The Children's Trust will
issue a Request for Proposals (RFP) for continuation funding of existing services and for
new services in Miami-Dade County. ln anticipation of this RFP, the City is seeking partners
with which to pursue programming funds.
Accordingly, the attached "Letters of lnterest" form has been prepared and submitted to you
for consideration. Should your agency wish to be considered, please complete the attachedform and return to the attention of Lourdes Rodriguez at
lourdesrodriouez@miamibeachfl.qov, NO LATER THAN November 24, 2014 at 5:00
P.M. All questions and inquiries must be directed in writing to Lourdes Rodriguez at
lourdesrod riquez@m iam ibeachfl.qov.
Following its receipt and review of the responses submitted to this Request for Letters of
lnterest, the City reserves the right to contact such firm (or firms) as the City, in its sole
discretion and determination, may wish to interview, in further determining the most qualified
firm (or firms) to perform the required recruitment and other related professional services
solicited pursuant to this process.
NOTWITHSTANDING THE ABOVE, OR ANYTHING CONTAINED IN THE ATTACHED
FORMS, THE CITY RESERVES THE RIGHT, AT ANY TIME DURING THE PROCESS,
AND IN ITS SOLE AND ABSOLUTE DISCRETION, TO REJECT ANY AND ALL
RESPONSES RECEIVED PURSUANT TO THE REQUEST FOR LETTERS OF INTEREST,
AND/OR INITIATE AN ALTERNATE PROCESS FOR PROCUREMENT OF THE
AFORESTATED PROFESSTONAL SERVTCES WHTCH PROCESS MAy |NVOLVE,
WITHOUT LIMITATION, EITHER RETENTION/ENGAGEMENT OF A QUALIFIED FIRM
THROUGH A WAIVER OF COMPETITIVE BIDDING, AS PERMITTED PURSUANT TO THE
CITY OF MIAMI BEACH CODE, OR THROUGH INITIATION OF A FORMAL COMPETITIVE
BIDDTNG PROCESS). FURTHERMORE, ALL FTRMS SUBMTTTTNG A RESPONSE TO THE
REQUEST FOR LETERS OF INTEREST AGREE AND ACKNOWLEDGE, AND - BY
SUBMITTAL OF A RESPONSE - ARE THEREBY DEEMED TO UNDERSTAND THAT BY
SUBMITTAL OF SUCH RESPONSE, NO CONTRACTUAL OR OTHER LEGAL RIGHT OR
INTEREST OF ANY KIND SHALL BE DEEMED TO HAVE BEEN CREATED OR TO EXIST
BETWEEN THE SUBMITTING FIRM AND THE CITY, UNTIL AND UNLESS A CONTRACT
HAS BEEN AGREED TO AND EXECUTED BY BOTH PARTIES.
you have any questions, please contact Lourdes Rodriguez at
We ore connifid b providing excclbnt public selice ond nfety to oll who live, ',w* ond pby in our vibront, tropicol, hisbric comnunity91
lou rdesrodriquez@miamibeachfl.qov.
LETTERS OF INTEREST
Professional Services Related to the Provision of Human Services
The City of Miami Beach is in need of professional services related to the provision of
human services. This "Letters of lnterest" is serving as an informal procurement process
in lieu of the competitive bidding process.
!t is anticipated that a Professional Services Agreement (PSA) will be executed for such
services. Fees will be negotiated. The Scope of Work that will be required, pursuant to
this PSA, is as follows, but will be more thoroughly defined with the successful firm(s):
. Participation in the Miami Beach Service Partnership and execution of a
Memoranda Of Understanding that stipulates:o Attendance at monthly Partnership meetings;o Attendance at quarterly CEO series;o Adherence to the Miami Beach Service Partnership Policies & Procedures
(which includes a Code of Ethics);o Submission of the following firm documents:o All required insurance certificateso Copy of cunent financial audito Copy of required business licenses and permits
o List of all members of Board of Directors, if applicableo Board of Directors by-laws, if applicableo Conflict of lnterest policyo Promotion of the Miami Beach Service Partnership within the agency's site as
well as its online and social media presence;o Pursuit of additional resources that expand intra-Partnership collaboration a
minimum of once per quarter;o Timely and accurate submission of monthly reporting documentation; ando Assent to the public disclosure of the agency's Partner Performance Rating
(the numerical evaluation of the agency's performance under the service
contract).
. Provision of human services, as defined and specifically delineated, of the
following services to City of Miami Beach residents:o 7 Habits of Highly Effective Families trainingo 7 Habits of Highly Effective Teens trainingo Access to services for disabled youth and adultso Adult day careo Advocacy for disabled youth and adultso Aftercareo Arts educationo Arts programming
o Behaviormodificationo Bullying prevention educationo lnfant and child careo Care Coordinationo College preparation
o Community service initiativeso Counseling (individual, group and family)o Credit coachingo Drug and alcohol abuse prevention and interventiono Discriminationadvocacy
We ore commiltd b providing excellmt public lr;lice ond sobty to oll who live, ',rrc* od pby in our vibront, troPa[ historic community,92
o Educationalprogrammingo Employment placement
o Employment trainingo English language classeso Entrepreneurshiptrainingo Environmental educationo Exercise and physicalwellness
o Family Group Conferencingo Family Team Conferencingo Financial literacyo Foster care advocacy and support serviceso Gang prevention
o Health educationo Health screeningo Healthcare serviceso Homemaker serviceso Housingo lntake and assessmento Job training and employmento Literacyo Mental health assessmentso Nutrition educationo Out-of-schoolprogramso Obesity prevention
o Organizationalskillsdevelopmento Parenting classeso Prevention serviceso Preventive health initiativeso Recreation serviceso Restorative Justice serviceso Referralcoordinationo Scholarship serviceso Speech therapyo Skills development for disabled youtho Technology literacyo Transition to adulthood for foster care youth
o Truancy prevention
o Tutoring (primary and secondary grades)
o Violence prevention educationo WorKorce readinesso Youth development (infant to 18 years of age)o Youth intervention (infant to 18 years of age)
Firms wanting to express their interest in this work shall complete the information on the
following page and return their responses to the attention of Lourdes Rodriguez at
lourdesrodriquez@miamibeachfl.qov, by no later than 5:00 P.M. on November 21,
2014. The City will contact those firms it wishes to interview to determine which firm will
be selected to enter into a PSA with the City and perform the work.
We ore commilld b providing a<cellent public ewice ond nfety to ollwho live, work ond pby in our vibronl, troflal, hisr:lric ommunity.93
MIAMIBEACH
LETTERS OF INTEREST
Professional Services Related to the Provision of Human Services
Please complete the following questions
1. ls your agency a 501(c) 3 corporation as recognized by the lnternal Revenue Service?
flYes E tlo
Please attach copy of 501(c) 3 designation letter issued by lnternal Revenue Service.
Ag€ncy Namo
Aggncy uorporafe Ftonsa Aoorars
Agancy r,ofPorarB r Br3Pnone Numoer AgEncy go]Po]lle rlx Numoer
soun Ftoflor Aoonoat (n omerent man aDove)
soutn Fronoa rotepnone NumDor (]I omerenl uan aDove)Itouut Ftonoa Ftx (n oinerenl man aDove)
POtil Ot gomacl Name Potnto,Gomact iluo
POtm ot gomact t otapnone NumDol !,otnt ot gomtcl E{nalt AoolDla
4. Please indicate those ableservtcesencv rs to
7 Habits of Hiohlv Effective Families 7 Habits of Hiqhlv Effective Ieens
Advocacv - Disabled Advocacv - Elderlv
Advocacv - Youth Aftercare Services
Arts Education Bullvinq Prevention - Best Practice
Care Plan Contacts (Home-based)Care Plan Contacts (office or School-base)
Care Plan Contacts ffeleohone)Care Plan Closeouts
Collese Prep Counselino Services - Couples
Counselino Services - Familv Counselinq Services - !ndividual (Adult)
Counselino Services - Youth Disabled Youth - Skills Develooment
Employment Placement - Elderly Emplovment Placement - Youth
We ore comnifld b providing excelbnt publb *rvice ord sofety to oll who live, wo* ord phy in our vibont, tropial, historic comnunity.94
Emplovment Trainino Entreoreneurshio Services - Families
Entrepreneurship - Youth Environmental Education
Family Group Conferences Financial Literacv
Gano Prevention Health Education
Homemaker Services - Disabled Homemaker Services - Elderlv
lntake & Assessment (Comprehensive)Literacv
Mental Health Assessments Nutrition Education
Parentino Classes Preventive Health Services
Referral Coordi nation (Care Coordination Modet)Truancv Prevention
Truancy lntervention Tutorinq Services - Elementarv
Tutorino Services - Middle School Tutorino Services - Hioh School
Scholarship Services Violence Prevention Education - Familv
Youth Development (aqes infant to 12)Youth Development (aqes 13 to 18)
Please attach documentation of pertinent certifications, trainings, etc.
5. Have you contracted with municipal government in the past?
! Yes fl l'lo
lities. vear contracted and services
Please list contracts for which have defaulted:
Please list the members of Board of Directors:
Please list titles and areas of responsibili'
Name Title/Position Ares of Responsibility
Name Tite/Position Areas of Responsibility
Name Title/Position Areas of Responsibility
Name Title/Position Areas of Responsibility
Name Tite/Position Areas of Responsibility
Name Tite/Position Areas of Responsibility
Name Title/Position Areas of Responsibility
We ore anmifid b providing excellent public elice ond sofety a oll who live, work ond phy in our vibronf, tropial, hiswic ammunity95
Please attach resumes for key personnel.
9. Please provide the name and contact information of references from organizations the
encv has served. Please at least three
Refening Agency Contact Prirson Telephone
Refening Agency Contact Person Telephone
Refering Agency Contact Person Telephone
10. Please list cunent ants from The Children's Trust:
11. Please list current corporate and foundation funding:
'Please note the lasted Drivate funders from the most fiscal
Funding Entity Grant Amount Service Provided
Funding Entjty Grant funount Service Provided
Funding Entity Grant Amounl Service Povided
Funding Entity Granl Amount SeNice Pmvided
Funding Entity Grant Amount Service Provided
Funding Entity Grant Amount Service Provided
Funding Entity Grant Amounl S€rvice Provided
Funding Entity Grant Arnount S€rvice Provided
Funding Entity GrantAmounl Service Pmvided
Funding Entity GrantAmount Service Providad
12. !f funded, is your agency prepared to participate in monthly Miami Beach Service
Partnership Board meetings currently held the third Wednesday of the month at 9:30am?
E Yes ENo
13. lf funded, is your agency prepared to adhere to the Miami Beach Servrbe Partnership
Policies and Procedures?
! Yes ENo
14. lf funded, is your agency prepared to post a link from its website to the Miami Beach Service
Partnership webpage located on the City of Miami Beach website?! Yes E tlo
15. lf funded, is your agency prepared to submit accurate, monthly reports with required
documentation by the third of the following month of service provision?
lYes ENo
16. lf funded, is your agency prepared to assent to the full disclosure of the agency's Partner
We ore commid b providing *cellatt public elice ond nfety to oll who live, wo* ond phy in our vibront, tropial, hisbric community96
Performance Rating (the numerical evaluation of the agency's performance under the
service contract)?
! Yes E t',lo
17. lf funded, is your agency prepared to provide documentation ensuring that all employees
and/or contractors providing services to minors or the elderly have passed a Level ll
background screening?
! Yes fl No
18. Please provide any additional information regarding your agency or its ability to provide
human services to the Miami Beach community:
Please attach the followins to vour submission:
1. Copy of 501(c) 3 designation letter issued by lnternal Revenue Service (if
applicable).
2. Articles of lncorporation.
3. Resumes for key personnel.
4. Documentation of pertinent certifications, trainings, etc.5. Documentation of current liability, Workman's Gompensation, and Professional
Liabil ity insurance coverage.
6. Copy of current financial audit.
7. Copy of required business licenses and permits.
8. List of all members of Board of Directors, if applicable.9. Board of Directors by-laws, if applicable.
10. Conflict of lnterest policy.
Return your response to the attention of Lourdes Rodriguez at
lourdesrodriquez@miamibeachf!.qov, by no later than 5:00 p.m. on November 24, 2014.
The City will contact those firms it wishes to interview to determine which firm will be selected to
collaborate with the City to seek funding and the subsequent provision of services.
Please attach documentation of pertinent certifications, trainings, etc.
We ore ammiltd b providing excelbnl public elice ond nfety a oll who live, wo* ord phy in our vibronl, tropcnl, hisbric connunity.97
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ISSUANCE OF A
REQUEST FOR LETTERS OF INTEREST (RFLI) FROM HUMAN SERVICE
PROVIDERS AND OTHERS IN ANTICIPATION OF PURSUING GRANT
OPPORTUNITIES THROUGH THE CHILDREN,S TRUST; LOGAL, STATE AND
FEDERAL FUNDING AGENCIES; AND PRIVATE FOUNDATIONS; AND FURTHER
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
MEMORANDA OF UNDERSTANDING WITH SELECTED ENTITIES, IN
FURTHERANCE OF AND CONSISTENT WITH THE AFORESTATED FUNDING
OPPORTUNITIES.
WHEREAS, the City is a founding member of the Miami Beach Service Partnership; and
WHEREAS, the City manages the Parent Child Home Program, a program serving
children aged 16 months to four years of age via funding from The Children's Trust; and
WHEREAS, the City manages the Morning All Stars program, a program providing
prevention training for youth in grades six and seven via funding from The Children's Trust; and
WHEREAS, the City also manages Success University, a Miami Beach Service
Partnership program, providing wrap-around services for youth and families enrolled in our
community's schools and funded by The Children's Trust; and
WHEREAS, that grants that fund these programs will be up for renewal through the
issuance of a Request For Proposals (RFP) during the year 2015; and
WHEREAS, the City would like to pursue additional state, federal and foundation funds
to further expand services to our community's youth, families and the elderly; and
WHEREAS, the City wishes to increase the number of agencies participating in the
Miami Beach Service Partnership to further increase our community's service capacity; and
WHEREAS, the issuance of a Request For Letters of lnterest (RFLI) will enable the
identification and screening of potential partnering agencies to better serve our community's
youth, families and the elderly; and
WHEREAS, funders, including The Children's Trust, will require Memoranda of
Understanding between the City and selected entities to establish the terms of collaboration for
the pursuit of grant funds; and
WHEREAS, it is further recommended that the Mayor and City Commission hereby
authorize the City Manager or his designee to negotiate Memoranda Of Understanding with
selected entities for the pursuit of grant funds through The Children's Trust, Local, State and
Federal funding agencies and private foundations.
98
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the issuance of a Request For Letters of lnterest
(RFLI) in anticipation of pursuing grant opportunities through The Children's Trust, Local, State
and Federal funding agencies, and private foundations; and further authorizing the City
Manager or his designee to execute Memoranda Of Understanding with selected entities, in
furtherance of and consistent with the aforestated funding opportunities.
PASSED AND ADOPTED this
ATTEST:
2014.
RAFAEL E. GRANADO, CITY CLERK PHILIP LEVINE, MAYOR
T:\AGENDAV014\October\Housing & Community Services\lsuance of Human Services RFLI RESO.doc
_day of.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
to/tt/r/,+
-
ll Dote
99
Gondensed Title:
A Resolution of the Mayor and Commission of the City of Miami Beach, Florida, Approving and
Authorizing the Mayor and City Clerk to Execute an Amendment to the Professional Services Agreement
with lndustriallOrganization Solutions, lnc., approved by the City Commission on July 18, 2012, Said
Amendment to Provide Additional Testing Services During the First Contract Year for promotional testing
in the classified ranks within the Fire Department; and Requesting Additional Funding, in an Amount not to
Exceed $71,000.
COMMISSION ITEM SUMMARY
On May 25,2011, the City issued RFP #34-10111,for testing services programs to determine qualified
applicants for police and fire entry level positions and classified promotional classifications, and to provide
consultation services for sworn and non-sworn positions in order to develop job analyses, entry level and
promotional tests, scoring, and minimum requirements for jobs background test requirements. At its
regular meeting on July 18,2012, the Mayor and City Commission adopted Resolution No.2012-27941,
approving and authorizing the City Manager to execute a professional services agreement with
lndustrial/Organizational Solutions, lnc. (consultant).
Pursuant to directions from the City Attorney's Office, the agreement was executed for the services
pertaining to the police promotional process and general consultation services for the Human Resources
Department, in an amount not to exceed $75,400.
The contract was first amended on April 22,2013, through Resolution No. 2013-28182 to provide funding
for testing services for police and fire entry level positions, in an amount not to exceed $70,000. The
second amendmentwas on October 16,2013, through Resolution No.2013-28396 to provide funding for
testing services for classified ranks in the Ocean Rescue Division of the Fire Department, in an amount
not exceed $38,000.
The City is seeking Commission approval to amend the agreement with the consultant in order to
develop, validate, administer, and score promotional examinations for the ranks of Fire Lieutenant and
Fire Captain in the Fire Department, and is requesting additional funding in an amount not to exceed
$71,000.
As the Administration continues to evaluate and identify areas for which the consultant's services are
aoorooriate. The Citv will seek Commission aooroval for additional fundino.
Source of
Funds:
Amount Account
1 $71,000.00 Professiona I Services Accou nt #0 1 1 -121 0-0003 1 2
2
Total $71,000.00
Financial lmpact Summary:
lmprove City's Managerial Leadership to Reward lnnovation and Performance.
Financia! lnformation :
Sylvia Crespo-Tabak, Human Resources Director
T:WGENDAU014\OctobeAlO Solutions\Summary - lO Solutions Additional Testing Services Summary 10-22-2014.docx
AGENDA NEN C7 C-MIAMIBEACH olrre lo'H'/V100
Gity of Miomi Beqch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
MIAMIBEACH
FROM:
DATE:
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
October 22,2014
SUBJECT: A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT WITH INDUSTRIAL/ORGANIZATIONAL SOLUTIONS,
!NC., APPROVED BY THE CITY COMMISSION ON JULY 18, 2012, SAID
AMENDMENT TO PROVIDE ADDITIONAL TESTING SERVICES DURING THE
THIRD CONTRACT YEAR FOR CLASSIED PROMOTIONAL GLASSIFICATIONS
IN THE FIRE DEPARTMENT; AND REQUESTING ADDITIONAL FUNDING, IN AN
AMOUNT NOT TO EXCEED $71,000.
RECOMMENDATION
The Administration recommends adoption of the resolution.
BACKGROUND
FUNDING
$71,000.00 Funding is available from Professional Services Account #011-1210-000312
BACKGROUND
On May 25, 2011, the City issued RFP #34-10111, for testing services programs to determine
qualified applicants for police and fire entry level positions and classified promotional
classifications, and to provide consultation services for sworn and non-sworn positions in order
to develop job analysis, entry level and promotional tests, scoring, and minimum requirements
for jobs background test requirements. At its regular meeting on July 18,2012, the Mayor and
City Commission adopted Resolution No. 2012-27941, approving and authorizing the City
Manager to execute a professional services agreement with lndustrial/Organizational Solutions,
lnc. (Consultant).
l/O Solutions is a public safety human resources consulting firm that specializes in personnel
selection, development, validation and administration of police, corrections and fire services
entrance, physical ability and promotional examinations. ln addition to providing third-party
recruitment services, the firm is also a national test publishing organization, offering over 30
published entry-level and promotional exams and assessments. The firm employs a team of
101
City Commission Memorandum
October 22,2014
lO Additional Testing
Page 2 of 3
psychometricians and experts in the industrial and organizational psychology field, and puts a
strong emphasis on developing assessment tools to identify the best candidates whether entry-
level or promoting existing personnel, through a valid, reliable, fair, and defensible selection
process.
l/O Solutions has worked with over 1,000 public safety agencies throughout the United States
and Canada, such as the Florida Department of Law Enforcement (FDLE), Jacksonville Sheriff's
Police Department, Washington, D.C. Fire and EMS, Washington, D.C. Metropolitan Police
Department, New York State Police Department and the City of Chicago. l/O Solutions is one of
the few major public safety consulting firms with an unblemished litigation history.
ln 2009, the U.S. Supreme Court, in Ricci v. DeStefano, ruled that the City of New Haven, CT
was required to use the examinations developed by l/O Solutions in order to resolve a lawsuit
brought against the City by twenty city firefiqhters alleging that the city discriminated against
them with regard to promotions. ln addition, in 2007, the entry-level police officer examination
l/O Solutions developed for the City of Buffalo, NY, satisfied the scrutiny of the U.S. Department
of Justice. Further, an independent firm hired by the City of Chicago to evaluate all
commercially available entry-level firefighter examinations identified l/O Solutions as having the
best firefighter selection tool in the nation.
The City entered into an agreement with the consultant for an initial term of one (1) year, with
four (4) additional one (1) year renewal options, exercised at the City Manager's sole option and
discretion. Pursuant to the direction from the City Attorney's Office, the agreement was
executed for the services pertaining to only testing services pertinent to the police promotional
process and general consultation services for the Human Resources department.
The contract was first amended on Aprll 22, 2013, through Resolution No. 2013 -28182 to
provide funding for testing services for police and fire entry level positions, in an amount not to
exceed $70,000. A second amendment to the contact was approved on October 16, 2013,
through Resolution No. 2013-28396 to provide funding for testing services pertinent to the
ocean rescue promotional process, in an amount not to exceed $38,000.
The City now has a need to conduct promotional testing in the Fire Department, to fill vacancies
in the ranks of Fire Lieutenant and Fire Captain. To provide the most valid, reliable, fair, and
defensible promotional process, the City needs services from the consultant to develop,
validate, administer, and score a written promotional examination and review, and to develop
and validate live interview questions for the promotional process. Part of this process will also
incorporate the use of subject matter experts that are located out-of-state to provide the most
neutral and impartial assessments possible of the candidates behavioral assessment
component. The subject matter experts will be from the Chicago, lllinois area and review of the
behavioral assessment center video recordings will happen at a venue in Chicago. Using
subject matter experts located in the area from which the consultant is located also provides the
City with a substantial cost savings for travel of said subject matter experts coming to Miami
Beach.
The City is seeking to amend the agreement with the consultant, to develop, validate,
administer, and score a promotional examination and review, and to develop and validate live
interview questions for the promotional process for the Fire Department, and is requesting
additional funding in an amount not to exceed $71,000. A copy of the proposal from l/O
Solutions is attached.
102
City Commission Memorandum
October 22,2014
lO Additional Testing
Page 3 of 3
As the Administration continues to evaluate and identify areas for which the consultant's
services are appropriate, the City will seek Commission approval for additional funding.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the attached
resolution, approving and authorizing lndustrial/Organizational Solutions, lnc., to provide
additional testing services for Fire Department classified promotional classifications, and
requesting additional funding, in an amount not to exceed $71,000. A copy of the proposal from
l/O Solutions is attached.
Attachrnenttr
JLM/K6B/SC-T
\\miamibeach.gov\files\T_Orive\AcENDA\201 4\OctobedlO Solutions\i/emo - lO Additional Testing Memo 'lO-22-2O14.docx
103
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 AMENDMENT NO. 3 TO
THE PROFESSIONAL SERVICES AGREEMENT WITH INDUSTRIAL/
ORGANIZATIONAL SOLUTIONS, INC., DATED JULY 18, 2012, SAID
AMENDMENT TO PROVIDE ADDITIONAL TESTING SERVICES
DURING THE THIRD CONTRAGT YEAR FOR CLASSIFIED
PROMOTIONAL CLASSIFICATIONS IN THE FIRE DEPARTMENT; AND
REQUESTING ADDITIONAL FUNDING, IN AN AMOUNT NOT TO
EXCEED $71,000.
WHEREAS, on July 18, 2012, the Mayor and City Commission adopted
Resolution No. 2012-27941, approving and authorizing the City Manager to execute a
Professional Services Agreement with lndustrial/Organizational Solutions, lnc., for
testing services programs to determine qualified applicants for police and fire entry level
positions and classified promotional classifications, and to provide consultation services
for sworn and non-sworn positions in order to develop job analysis, entry level and
promotional tests, scoring, and minimum requirements for jobs background test
requirements (the Agreement). ; and
WHEREAS, on April 12, 2013, the City entered into the Agreement with
Industrial/Organizational Solutions, lnc., which pertained to the first contract year only,
in an amount not to exceed $75,400, and authorized lndustrial/Organizational Solutions
to provide testing services pertinent to the police promotional process; and
WHEREAS, on April 22, 2013, the City Commission adopted Resolution No.
2013-28182, approving Amendment No. 1 to the Agreement to provide additional
testing services for police and fire entry level positions, in an amount not to exceed
$70,000; and
WHEREAS, on October 16,2013, the City Commission adopted Resolution No.
2013-28396, approving Amendment No. 2 to the Agreement to conduct promotional
testing for the classified ranks within the Ocean Rescue Division of the Fire Department,
in an amount not to exceed $38,000; and
WHEREAS, the City has a need for lndustriallOrganizational Solutions to review,
develop, validate, administer and score a promotional exam to determine qualified
candidates for the ranks if Fire Lieutenant and Fire Captain; and
104
WHEREAS, the Administration recommends approving and authorizing
lndustrial/Organization Solutions, lnc., to provide testing services for the Fire
Department, and requests additional funding, in an amount not to exceed $71,000.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and the City Clerk to execute
Amendment No. 3 to the Agreement with lndustrial/Organizational Solutions, lnc., dated
July 18, 2012, said amendment to provide additional testing services during the third
contract year; and requesting additional funding for classified promotional classification
in the Fire Department, in an amount not to exceed $71,000.
This Ordinance shall take effect on the _ day of 2014.
PASSED AND ADOPTED this day of 2014.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
'-"ry.ffitl#s
\- rtr-\- \k
--->.-Date
T:\AGENDA\2014\October\lO Solutions\Reso - lO Solutions Additional Testing Services Reso 10-22-2014.docx
105
106
Statement of
The purpose of this document is to describe the comPonents
performed and to document the associated costs.
Project Title: Miami Beach Fire Department Captain and
Assessment
Approximate Commencement: August 20 I 4
of the project that will be
Lieutenant Promotional
The following table presents the project components and the associated cost of those
comPonents.
Copy r i ght @ 2 0 I 4, I n d ustri ol I O r go nizoti o nol Soi utions, lnc
CONF'DENT'AL - TMDE SECRET
Prolect Kick-off and Planning: Phone conference or face-to-face meeting to
review proiect details, finalize project timeline, discuss expectations, and
assign roles and responsibilities
Job analysis: Job observations and interviews and development, coordination
and distribution and analysis of JAQ to identify critical knowledge, skills,
abilities, job performance dimensions, or comPetencies to be assessed.
Candidate orientation: Delivery of candidate PreParation Presentation for
both ranks (department may choose to do this via online video)'
Weeks 2-10
Written Examination Development Develop 175 draft items for the
multiple-choice job knowledge examinations. Review of examination
questions with SMEs to conduct CVRs and Angoff ratints; and to select final
150 questions for the Captain examination and the Lieutenant examination.
Written Examination Administration: Administer written exams, scoring and
response to candidate appeals/challenges. Assumes one administration.
(additional days needed for on-site appeal sessions would be billed at the rate
of $ 1,000/day)
Written Examination Appeal Session Administration: I l/O Staff member on-
site to administer appeal session and collect appeal resPonses. Two days on'
site at the rate of $ I,000 per daY.
Weeks 8- l5Oral Assessment Developmenc Design and develoPment of two oral
exercises each for the Captain and Lieutenant assessments'
OElAssessrnent Administration: lncludes assessor training, administration
and oversight of the assessment, scoring, and preparation of results' appeal
responses, and feedback to candidates.
107
Oral Examination Appeal Session Administration: I l/O Staff member on-site
to administer appeal session and collect appeal responses. Two days on-site
at the rate of $ I,000 per day.
$2,000 Week l7
Project technical repoft to document job analysis, validation, outcomes,
recommendations for the future, etc.$2,000 Week 20
Assessor Recruitment for 8 assessors $7s0
Assessor costs (per diems, sites, meals, travel etc.). OFF-SITE cost = $8, 980,
ON-SITE cost = $12,360. (breakdown is presented below)
Paid by the
City
Facility procurement costs for exams, assessments and appeal sessions
Paid by the
City
Administrative expenses (printing, shipping)$2s0
Consulte
a
a
a
a
a
,nt travel expenses, estimated at 5 trips:
I consultant, 2 days for orientation
I consultant I day for exam admin
I analyst 2 days for exam appeals
I consultant and I analystfor 2 days for oral admin
I analyst for 2 days of oral appeals)
Billed
directly to
City
TOTAL Proiect InvestmenUCost $55,200
Assessor Arrangement Options
Copyright @ 20 I 4, lndustriollOryonizationol Solutions, lnc
CONF'DENT'At - TMDE SECRET
OFF-SITE lN CHICAGO (8 assessors, 2 days + ! day trainin
Compensation for 3 days, 8 assessors (training + assessing
Space for assessor to work (4 rooms, 2 days)
$ I O/assessor per day
Mileage reimbursement for assessor driving (estimated 60
miles roundtrip/days)$0.56/mile
TOTAL
ON-SITE lN MIAMI BEACH (8 assessors, 2 days + I day traini
Assessor transportation 8 assessors (roundtrip airport transit)
Space for training assessor to work (4 rooms, 2 days)$ I 25/da
Per diem for meals
Hotel accommodations for assessors (8 assessors, 3 n
Additional l/O travel expenses (l night for consultant, 3 nights
for admin, meals)
$ I 2,360TOTAL
108
*l/O assumes that the city will be responsible for securing assessors, providing all
accommodations for assessors, securing facilities (test administration facility, assessment center
site). l/O can provide a revised SOW or a change order if the city desires for l/O to manate
the coordination of other aspects of the process, such as job analysis interview locations,
assessment sites, assessor recruitment and accommodations, etc.
The above table identifies all facets of the project for which l/O Solutions is being engaged.
Should any of the project components need to be modified or additional components/facets
added, the proposed hourly rates ($l7ilhr. for consultants; $65/hr. for item writers; $25/hour
for administrative) will be applied and appropriate price adjustments will be made.
l/O Solutions will submit invoices according to the following schedule: l/3 upon project
commencement, l/3 after development of the assessment center, and l/3 upon completion
(the technical report will be billed as a separate item). The proposed price is fixed-firm and will
be invoiced according to the above schedule. The line item detail is presented for reference.
Clie nt Ac€,eptfifice:
I ocknowledge thot I have reviewed this Stotement of Work ond hereby outhorize llO Solutions ond its
representotives to commence work on the project components os described herein.
Signoture of Authorized Agent
Title of Authorized Agent
Dote
Gpy r i ght @ 2 0 I 4, I n d ustri ol I Or go nizot) o n ol So/uaons, lnc
CONF'DENT'AL - TRADE SECRET
109
soLuTloNs
The Public Sofety Selectio n SpeciolistsrM
Copyright @ 20 I 4, lndusttiollOrgonizotionol Solutront lnc
CONF'DENI'At . TRADE SECRET
110
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111
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, accepting the
Recommendation of the Finance and Citywide Projects Committee to pilot strategic pricing at Municipal
Parkino Lot No. P71 and a commercial on-street oarkino area to be determined.
Ensure Comprehensive Mobility Addressing AII Modes Throughout The City.
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates
74o/o of residents and72% of businesses rate the availability of parking across the City as too little or
much too little. Availability of parking was one of the changes residents identified to make Miami.
Beach a better to live. work or
Item Summary/Recommendation :
Smart parking is the use of state-ofthe-art technology to monitor the use of parking spaces in real time in
order to manage parking "supply and demand" and apply "strategic pricing" to encourage use where
demand is low through pricing. Several major U.S. cities, including, San Francisco and Los Angeles,
California; and Seattle, Washington have implemented strategic pricing for parking to achieve urban
planning goals. lt is important to note strategic pricing has been successful in communities with mass
transit systems and is more readily accepted when robust transit options are present. At this point in time,
the City does not have either efficient transit connectivity with the mainland or sufficient capacity at its
garages which could be used in combination with a local circulator for park and ride options. Most of the
City's garages are near or at capacity at peak hours which vary by day and by facility.
On August 29,2014, the Finance and Citywide Projects Committee (FCWPC) discussed ltem No. 6,
entitled, "Strategic Parking - Parking". The FCWPC directed the Administration to pilot strategic pricing at
Municipal Parking Lot No. P71 , localed at 46th Street and Collins Avenue as well as a commercial on-street
parking area to be determined. Although the City was not successful in attaining the Tiger grant, there are
a number of alternatives to pursue. These include: lntelligent Transportation Systems (lTS) and Parking
Management Systems (PMS) providing valuable data for corridors that will assist in the City's Active
Arterial Management effort through enhanced messaging to drivers accessing the City as well as those
searching for parking.
As you may recall, Walker Parking Consultant, lnc. was engaged to perform a parking demand analysis for
the South Beach and North Beach areas of the City. On September 10,2014, the Mayor and Commission
approved an amendment to the Professional Services Agreement with Walker Parking to perform a
pbit<ing demand analysis for Middle Beach, including Collins Avenue between 23'd and 63'd Streets and
41't street business corridor. The analysis is a "snapshot" of parking utilization derived from data collection
on a weekday and weekend at varying intervals of the day. Future parking demand, including deficit and
surplus parking, is projected out ten years through the application of varying economic growth factors. A
menu of strategic options will be included for consideration. The Middle Beach Parking Demand Analysis
will include data collection for Municipal Parking Lot No, P71. The Administration will evaluate the results of
these studies to recommend a potential commercial on-street parking pilot area. The Administration will
engage an engineering firm from the prequalified rotational list in order to develop an implementation plan
to pilot ITS and PMS, including strategic pricing.
Admin istration Recommendation :the Resolution.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financia! !moact Summarv:
T:\AGENDA\2014\Oct22\T:\AGENDAV014\Oct222014\RecommendationFCWPCStrategicPricingParking
MIAMIBEACH c-7 H
lo'd9- t112
g MIAMIBEACH
6ity of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMIS ION MEMORANDUM
DATE: October 22,2014
SUBJECT: A RESOLUTION OF THE MAYON\AruO CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLOR|DA, ACCEIBTING THE RECOMMENDATTON OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE TO PTLOT STRATEGIC
PRICING AT MUNICIPAL PARKING LOT NO. P71 AND A COMMERCIAL ON.
STREET PARKING AREA TO BE DETERMINED
BACKGROUND
The Mayor and Commission have identified mobility, transportation, and traffic congestion as
priorities for improved resident quality of life. One initiative currently underway is to reduce
traffic congestion through the regulation of freighUcommercial loading activities and reduce
the obstruction of traffic on major thoroughfares. This is just one piece of the traffic
congestion puzzle.
Smart parking is the use of state-of-the-art technology to monitor the use of parking spaces
in realtime in orderto manage parking "supply and demand" and apply "strategic pricing" to
encourage use where demand is low through pricing. Several major U.S. cities, including,
San Francisco and Los Angeles, California; and Seattle, Washington have implemented
strategic pricing for parking to achieve urban planning goals. lt is important to note strategic
pricing has been successful in communities with mass transit systems and is more readily
accepted when robust transit options are present. At this point in time, the City does not
have either efficient transit connectivity with the mainland or sufficient capacity at its garages
which could be used in combination with a local circulator for park and ride options. Most of
the City's garages are near or at capacity at peak hours which vary by day and by facility.
ANALYSIS
lncreasing parking inventorythrough land acquisitions, newconstruction, and/orjointventure
partnerships are all strategies we are actively pursuing. However, equally important is
managing existing parking inventory which may be accomplished through strategic pricing
and regulations. The following strategies are viable options:
. Regulation of parking space usage through maximum time limits. This promotes
parking space turnover resulting in each parking space serving multiple users
throughout the day. The number of users for each parking space is contingent upon
the frequency of the desired turnover which should be consistent with the adjacent
types of land uses.
. Promote parking availability through a "demand based parking fee structure". A
widely accepted industry standard for optimum parking supply usage is 85%. For
113
October 22, 2014 City Commission Memo
Recommendation FCWPC Strategic Pricing - Parking
Page 2 of 3
illustration purposes, for every ten parking spaces, one to two of these spaces
should consistently be available. This provides users with a reasonable confidence
level of finding a parking space. Clearly, usage exceeding an 85% threshold
diminishes parking opportunities as well as user confidence of reasonably finding a
parking space, leading to the chronic "circling the block" in search of the illusive
parking space and adding to traffic congestion. Other cities, such as the ones
referenced above, have implemented demand based pricing with success. As an
example, for an on-street application, parking rates on a heavily utilized corridor
should be at a level that maintains an 85% threshold. Parking Management Systems
(PMS) technology monitors parking space usage in real time and adjusts parking
rates accordingly to maintain the targeted availability rate of 85o/o. Concurrently,
underutilized parking spaces should also be monitored for rate adjustments to
encourage usage. Very simply, this is the application of the "supply and demand"
model. Those parking spaces in highest demand should reflect the highestfees and
those in lowest demand should reflect lower fees to encourage their use. The key is
adjusting parking rates to a level that maintains a usage rate of approximately 85%
which in turn promotes parking availability as well as user confidence levels.
On May 30,2014, the Neighborhoods and CommunityAffairs Committee (NCAC) discussed
Item No. 6, entitled, "Policies for use of beachfront parking lots". There were various issues
discussed, including congestion and a lack of parking availability. Specifically, Municipal
Parking Lot No. P71, located at 46th Street and Collins Avenue, was referenced as one that
consistently exceeds the 85th percentile usage level. As a result, the NCAC approved a
recommendation to discontinue the municipal monthly parking permit program at this facility
and relocate existing monthly permit holders. Subsequently, on July 23, 2014, the Mayor and
Commission approved a resolution accepting the recommendations of the NCAC. lf the
relocation of the monthly permit holders is not sufficiently effective in creating parking
availability, a second phase pricing strategy based on the strategic pricing model could be
implemented.
On August 29,2014, the Finance and Citywide Projects Committee (FCWPC) discussed
Item No. 6, entitled, "Strategic Parking - Parking". The FCWPC directed the Administration
to pilot strategic pricing at Municipal Parking Lot No. P71, located at 46th Street and Collins
Avenue as well as a commercial on-street parking area to be determined.
Although the City was not successful in attaining the Tiger grant, there are a number of
alternatives to pursue. These include: lntelligent Transportation Systems (lTS) and Parking
Management Systems (PMS) providing valuable data for corridors that will assist in the
City's Active Arterial Management effort through enhanced messaging to drivers accessing
the City as well as those searching for parking.
Walker Parking Demand Analysis
As you may recall, Walker Parking Consultants, lnc., was engaged to perform a parking
demand analysis for the South Beach and North Beach areas of the City. On September 1 0,
2014, the Mayor and Commission approved an amendment to the Professional Services
Agreement with Walker Parking to perform a parking demand analysis for Middle Beach,
including Collins Avenue between 23'd and 63'd Streets and 41't Street business corridor.
The analysis is a "snapshot" of parking utilization derived from data collection on a weekday
and weekend at varying intervals of the day. Future parking demand, including deficit and
surplus parking, is projected out ten years through the application of varying economic
114
October 22, 2014 City Commission Memo
Recommendation FCWPC Strategic Pricing - Parking
Page 3 of 3
growth factors. A menu of strategic options will be included for consideration.
Parking space supply/demand are key factors in the application of strategic pricing. The
Middle Beach Parking Demand Analysis will include data collection for Municipal Parking Lot
No. P71 and a commercial on-street parking pilot area will be identified through Walker
Parking analysis. The Administration will:
o Evaluate the results of the analysis to recommend a potential commercial on-street
pilot area; and. Engage an engineering firm from the prequalified rotationallist in orderto develop an
implementation plan to pilot ITS and PMS, including strategic pricing.
CONCLUSION
The Finance and Citywide Projects Committee recommended a pilot for strategic pricing for
parking at an off-street parking facility. Municipal Parking Lot No. P71 , located at 46th Street
and Collins Avenue, has been identified as the likely off-street pilot area and a commercial
on-street parking area will be identified upon further analysis and communicated to Mayor
and Commission by LTC (Letter to Commission).
JLM/KGB/SF
T:\AGENDA\2014\Oct222014\RecommendationFCWPCStrategic PricingParking.cme.doc
115
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE REGOMMENDATION OF
THE FINANGE AND CITYWIDE PROJECTS COMMITTEE TO PILOT
STRATEGIC PRICING AT MUNIGIPAL PARKING LOT NO. P71 AND A
COMMERGIAL ON.STREET PARKING AREA, TO BE DETERMINED BY
THE CITY MANAGER
WHEREAS, the Mayor and Commission have identified mobility, transportation, and
traffic congestion as priorities for improved resident quality of life; and
WHEREAS, increasing parking inventory through land acquisitions, new construction,
and/or joint venture partnerships are all strategies currently undenrvay and equally important is
managing existing parking inventory which may be accomplished through strategic pricing and
regulations; and
WHEREAS, smart parking is the use of state-of-the-art technology to monitor the use of
parking spaces in real time in order to manage parking "supply and demand" and apply
"strategic pricing" to encourage use where demand is low through pricing; and
WHEREAS, strategic pricing has been successful in communities with mass transit
systems; however, the City does not have either efficient transit connectivity or capacity at its
garages for park and ride options; and
WHEREAS, on May 30, 2014, the Neighborhoods and Community Affairs Committee
(NCAC) approved a recommendation to discontinue the municipal monthly parking permit
program at Municipal Parking Lot No. P71, located at 46th Street and Collins Avenue to increase
parking availability; at its meeting on July 23, 2014, the Mayor and Commission approved
Resolution No. 2014-28653, accepting this recommendation; and
WHEREAS, on August 29, 2014, the Finance and Citywide Projects Committee directed
the Administration to pilot strategic pricing at Municipal Parking Lot P71, located at 46th Street
and Collins Avenue, as well as a commercial on-street parking area, to be determined by the
City Manager.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND GITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Finance and Citywide Projects
Committee to pilot strategic pricing at Municipal Parking Lot No. P71 and a commercial on-
street parking area, to be determined by the City Manager.
PASSED AND ADOPTED this _ day of
ATTEST:
2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
EXECUTION(- ,:U(]4
T:\AGENDA\2014\October\Parking\RecommendationFCWPCStrategicPricingParkingl02220l4 res.doc'
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117
COMMISSION IIEM SUMMARY
Gondensed Title:
A resolution retroactively approving and authorizing the acceptance of $20,730 in donations of orchids to the City, which will
be placed throuohout the park svstem.
Intended Outcome Su
Supporting Data (Surveys, Environmental Scan, etc.l= 2014 Customer Satisfaction Survey: Four out of five residents
(77o/o) rated the quality of life in Miami Beach as excellent or good.
Item S ummary/Recommendation :
the Parks and Recreation department staff began working on a project which entails the placement of
over 1,200 orchids throughout our park system.
To assist in funding this project, the City received a generous donation of Phalaenopsis Orchids from Pine Ridge
Orchids, lnc. The donation of over 1,200 plants will allow the Parks and Recreation Department to bring this
initiative to fruition by having orchids adorn the trees and palms within our parks
Placement of the orchids has begun with Brittany Bay Park and will continue throughout other parks.
Financia! lnformation :
Source of Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary:
This donor is orovidino a total of $20.730 of in-kind contributions to offset the costs to olace orchids throuohout the oarks svstem.
AGENDA ITEM c7r
h-2e-/q
-Offs:
n fieparlment Director Assistant C1$flanager \,rfiity Manager
JR yA_-JMT -4(4]N((Uv JLMN I
T:\AGENDA\2014\OctobeAOctobet 2014 Sponsorship Acceptance - Orchids SUMMARY.doc
\/
E MIAMIBEACH DATE118
@ MIAMI BEACH
Cityof Miomi Beoch, ,1700 Convention Cenler Drive, Miomi Beoch, Florido 33,139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
October 22,2014
A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF
MIAMIBEACH, FLORIDA,Y APPROVING AND AUTHORIZING
THE ACCEPTANCE OF $20,730 DOLLARS IN DONATIONS OF ORCHIDS TO
THE C!TY, WHICH WILL BE PLACED THROUGHOUT THE PARK SYSTEM
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
FUND!NG
Donations made to the City for planting at various parks throughout the City of Miami Beach
will be expended from the coordinating city expense accounts.
ANALYSIS
Recently the Parks and Recreation department staff began working on a project which
entails the placement of over 1,200 orchids throughout our park system.
To assist in funding this project, the City received a generous donation of Phalaenopsis
Orchids from Pine Ridge Orchids, lnc. The donation of over 1 ,200 plants will allow the Parks
and Recreation Department to bring this initiative to fruition by having orchids adorn the
trees and palms within our parks
Placement of the orchids has begun with Brittany Bay Park and will continue throughout
other parks.
CONCLUS!ON
Staff worked diligently to identify funding sources to off-set the costs of this project. The
Administration recommends the adoption of the attached Resolution authorizing the
acceptance of this donation, its appropriation to cover costs of the placement of orchids
throughout ggnpark system."Nw
JLM/JMT/JS
U
TO:
FROM:
DATE:
SUBJECT:
City Corfrmission
T:\AGENDA\2014\October\October 2014 Sponsorship Acceptance - Orchids MEMO.doc
119
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEAGH, FLORIDA, RETROACTIVELY APPROVING AND
AUTHORIZING THE ACCEPTANCE OF THE 1,200 ORCHIDS DONATED BY
PINE RIDGE ORCHIDS, INC., WHICH ORCHIDS ARE VALUED AT $20,730,
AND WERE PLANTED THROUGHOUT THE CITY'S PARK SYSTEM.
WHEREAS, in 2014, the City of Miami Beach parks and recreation department initiated a
program to place orchids throughout the park system; and
WHEREAS,at the end of the program , 1,200 orchids will adorn the trees and palms within
our parks; and
WHEREAS, City staff worked diligently to identify funding sources to off-set the costs of
placing these orchids in our parks; and
WHEREAS, the City secured a donation partner, Pine Ridge Orchids, lnc., who
generously donated the 1,200 orchids installed in the City's parks, and
WHEREAS, the Administration recommends the retroactive acceptance of the in-kind
donation by Pine Ridge Orchids, lnc. of 1,200 orchids, valued at $20,730.00, and acknowledges
the support of Pine Ridge Orchids, lnc.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, to retroactively approve and
authorize the acceptance of the 1,200 orchids donated by Pine Ridge Orchids, lnc., which
orchids are valued at $20,730, and were planted throughout the City's park system.
PASSED and ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk
day of October, 2014.
Philip Levine, Mayor
APPROVED AS TO
FORM & IANGUAGE
t\fi+[ t++l
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121
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida authorizing the City
Manager and City Clerk to execute voluntary cooperation and operational mutual aid agreements with the
following governmental agencies; 1) Village of El Portal, 2) City of Florida City, 3) Clty of Hialeah, 4) City
of Homestead, 5)Village of lndian Creek, 6) Village of Key Biscayne, 7) Miami Shores Village, B) City of
North Bay Village, 9) City of North Miaml, 10) City of North Miami Beach, 1 '1 ) Village of Pinecrest, 12)
City of South Miami, 13) City of Sunny lsles Beach, 14) Town of Surfside, 15) City of Sweetwater, 16)
Village of Virginia Gardens, Florida, for the purpose of coordinating law enforcement planning, operations,
and mutual aid and benefit between the City of Miami Beach and the Village of El Portal, Florida City, City
of Hialeah, City of Homestead, lndian Creek Village, Village of Key Biscayne, Miami Shores Village, Ci$ of
North Bay Village, City of North Miami, City of North Miami Beach, Village of Pinecrest, City of South
Miami, Clty of Sunny lsles Beach, Town of Surfside, City of Sweetwater and the Village of Vlrginia
Gardens, Florida.
Maintain crime rates at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.): Safety was ranked No. 1 by residents a as
of the changes that will make Miami Beach a better place; safety across the City was one of the
important areas affecting the quality of life; and 78% of residents rated quality of services
Police as excellent or qood.
Item Summary/Recommendation :
The City of Miami Beach and the 1) Village of El Portal,2) Florida City, 3) City of Hialeah,4) City of
Homestead, 5) lndian Creek Village, 6) Village of Key Biscayne, 7) Miami Shores Vlllage,B) City of North
Bay Village, 9) City of North Miami, 10) City of North Miami Beach, 1 1) Village of Pinecrest, 12) City of
South Miami, 13) City of Sunny lsles, 14) Town of Surfside, 15) City of Sweetwater, 16) Village of Virginia
Gardens, Florida because of the existing and continuing possibility of the occurrence of law enforcement
problems and other natural and man-made conditions which are or are likely to be beyond the control,
personnel, equipment or facilities of the Miami Beach Police Department or the above listed municipalities
believe that it is beneficial for each to participate in a Mutual Aid Agreement as authorized by Chapter 23,
Florida Statues. The Mutual Aid Agreements will allow for the sharing of law enforcement resources and
the rendering of assistance both during routine and intensive law enforcement situations. These
Agreements will take effect when it is signed and will expire on December 31,2019.
lssue:
Should the Administration adopt the Resolution?
Board Recommendation:
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Tota!
Financial lmpact Summary:
Siqn-Offs:
Department Director Assistant City Manager City Manager
Chief DanielJ. Oates /b0 -r/\
J f,toA rrEM c-7 TMTAAAIBEACHD,frc /o-ae-/q122
MIAMIBEACH
City of Miomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33,139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT: A RESOLUTION OF THE MA R AND CITY COMMISSION
OF THE CITY OF MIAMI BEAOH, FLORIDA, AUTHORIZTNG
THE CITY MANAGER AND CITY CLERK TO EXECUTE A
MUTUAL AID AGREEMENTS WITH THE FOLLOWING
GOVERNMENTAL AGENCIES: 1) THE VILLAGE OF EL
PORTAL, FLORIDA; 2) THE CIry OF FLORIDA CITY,
FLORIDA; 3) THE CIry OF HIALEAH, FLORIDA; a) THE CITY
OF HOMESTEAD, FLORIDA; 5) THE VILLAGE OF INDIAN
CREEK, FLORIDA; 6) THE VILLAGE OF KEY BISCAYNE,
FLORIDA; 7) MIAMI SHORES VILLAGE, FLORIDA; 8) THE
Clry OF NORTH BAY VILLAGE, FLORIDA; 9) THE CITY OF
NORTH MIAMI, FLORIDA; 10) THE CITY OF NORTH MIAMI
BEACH, FLORIDA; 111 THE VILLAGE OF PINECREST,
FLORIDA; 12) THE CITY OF SOUTH MlAMl, FLORIDA; 13)
THE CITY OF SUNNY ISLES BEACH, FLORIDA; 14) THE
TOWN OF SURFSIDE, FLORIDA; 15) THE C!ry OF
SWEETWATER, FLORIDA; AND 16) THE VILLAGE OF
VIRGINIA GARDENS, FLORIDA; FOR THE PURPOSE OF
COORDINATING LAW ENFORCEMENT PLANNING,
OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN THE
CIry OF MIAMI BEACH AND THE VILLAGE OF EL PORTAL,
THE CITY OF FLORIDA CITY, THE CIry OF HIALEAH, THE
CIry OF HOMESTEAD, THE VILLAGE OF INDIAN CREEK,
THE VILLAGE OF KEY BISCAYNE, MIAMI SHORES
VILLAGE, THE CITY OF NORTH BAY VILLAGE, THE CITY OF
NORTH MIAMI, THE CITY OF NORTH MIAMI BEACH, THE
VILLAGE OF PINECREST, THE CITY OF SOUTH MIAMI, THE
CITY OF SUNNY ISLES BEACH, THE TOWN OF SURFSIDE,
THE CITY OF SWEETWATER, AND THE VILLAGE OF
VIRGINIA GARDENS, FLORIDA.
ADMINISTRATION RECOMMEN DATION
Adopt the Resolution
123
ANALYSIS
The City of Miami Beach and the 1) The Village of El Portal, 2) The City of Florida City, 3)
The City of Hialeah, 4) The City of Homestead, S)The Village of lndian Creek, 6) The Village
of Key Biscayne, 7) Miami Shores Village, 8) City of North Bay Village, 9) City of North
Miami, 10) City of North Miami Beach, 11)The Village of Pinecrest,l2) The City of South
Miami, 13)The City of Sunny lsles Beach, 14)The Town of Surfside, 15) The City of
Sweetwater, 16) The Village of Virginia Gardens, Florida because of the existence of and
continuing possibility that there may be occurrence of law enforcement problems, and other
natural and man-made conditions which are or are likely to be beyond the control, personnel,
equipment or facilities of the Miami Beach Police Department or the above listed
municipalities believe that it is beneficial for each to participate in a MutualAid Agreement as
authorized by Chapter 23, Florida Statues.
The MutualAid Agreement will allow for the sharing of law enforcement resources and the
rendering of assistance both during routine and intensive law enforcement situations.
This Agreement will take effect when it is signed and will expire on December 31, 2019.
CONCLUSION
It is recommended that the Mayor and City Commission adopt this Resolution and authorize
the signing of the Mutual Aid Agreements that will allow for the sharing of law enforcement
resources.
JLM:DJO:LH:WRG:tr
124
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE MUTUAL AID
AGREEMENTS WITH THE FOLLOWING GOVERNMENTAL
AGENCIES: 1) VILLAGE OF EL PORTAL, FLORIDA; 2l FLORIDA
CITY, FLORIDA; 3) CITY OF HIALEAH, FLORIDA; 4l CITY OF
HOMESTEAD, FLORIDA; 5) INDIAN CREEK VILLAGE, FLORIDA; 6)
VILLAGE OF KEY BISCAYNE, FLORIDA; 7l MIAMI SHORES
VILLAGE, FLORIDA; 8) CITY OF NORTH BAY VILLAGE, FLORIDA; 9)
Clry OF NORTH MlAMl, FLORIDA; 10) CITY OF NORTH MIAMI
BEACH, FLORIDA; 11) VILLAGE OF PINECREST, FLORIDA; 12) CITY
OF SOUTH MlAMl, FLORIDA; 13) CITY OF SUNNY ISLES BEACH,
FLORIDA; 141 TOWN OF SURFSIDE, FLORIDA; 15) CITY OF
SWEETWATER, FLORIDA;16) CITY OF VIRGINIA GARDENS,
FLORIDA; FOR THE PURPOSE OF COORDINATING LAW
ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID
BENEFIT BETWEEN THE CITY OF MIAMI BEACH AND VILLAGE OF
EL PORTAL, FLORIDA CITY, CITY OF HIALEAH, CITY OF
HOMESTEAD, INDIAN GREEK VILLAGE, V!LLAGE OF KEY
BISGAYNE, MIAMI SHORES VILLAGE, CITY OF NORTH BAY
VILLAGE, CITY OF NORTH MIAMI, CITY OF NORTH MIAMI BEACH,
VILLAGE OF PINECREST, CITY OF SOUTH MIAMI, CITY OF SUNNY
ISLES BEACH, TOWN OF SURFSIDE, CITY OF SWEETWATER, AND
THE CITY OF VIRGINIA GARDENS.
WHEREAS, it is the responsibility of the respective governments of the City of
Miami Beach and Village of El Portal, Florida City, City of Hialeah, City of Homestead,
lndian Creek Village, Village of Key Biscayne, Miami Shores Village, City of North Bay
Village, City of North Miami, City of North Miami Beach, Village of Pinecrest, City of
South Miami, City of Sunny lsles Beach, Town of Surfside, City of Sweetwater, and the
City of Virginia Gardens, Florida; to ensure the public safety of their citizens by providing
adequate levels of police service to address any foreseeable routine or emergency
situation; and
WHEREAS, the existence of, and continuing possibility that there may be the
occurrence of law enforcement problems, and other natural and man-made conditions
which are, or are likely to be, beyond the control of services, personnel, equipment, or
facilities of the City of Miami Beach Police Department and Village of El Portal, Florida
City, City of Hialeah, City of Homestead, lndian Creek Village, Village of Key Biscayne,
Miami Shores Village, City of North Bay Village, City of North Miami, City of North Miami
Beach, Village of Pinecrest, City of South Miami, City of Sunny lsles Beach, Town of
Surfside, City of Sweetwater, and Village of Virginia Gardens; and
WHEREAS, it is necessary to ensure that these law enforcement agencies will
be adequate resources to address any and all of these conditions, to protect the public
peace and safety, and to preserve the lives and property of the people of the City of
Miami Beach and the Village of El Portal, Florida City, City of Hialeah, City of
Homestead, lndian Creek Village, Village of Key Biscayne, Miami Shores Village, City of
North Bay Village, City of North Miami, City of North Miami Beach, Village of Pinecrest,
City of South Miami, City of Sunny lsles Beach, Town of Surfside, City of Sweetwater,
and the City of Virginia Gardens; and
125
WHEREAS, the City of Miami Beach and the Village of El Portal, Florida City,
City of Hialeah, City of Homestead, lndian Creek Village, Village of Key Biscayne, Miami
Shores Village, City of North Bay Village, City of North Miami, City of North Miami
Beach, Village of Pinecrest, City of South Miami, City of Sunny lsles Beach, Town of
Surfside, City of Sweetwater, and the City of Virginia Gardens, have the authority under
Chapter 23 of the Florida Statutes, known as the "Florida Mutual Aid Act," to enter into
the attached Voluntary Cooperation and Operational Assistance Mutual Aid Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE G!ry OF MIAMI BEACH, FLORIDA, that the City Manager and
City Clerk are authorized to execute Mutual Aid Agreements with the following
governmental agencies: 1) Village of El Portal, Florida; 2) Florida City, Florida; 3) City of
Hialeah, Florida; 4) City of Homestead, Florida; 5) lndian Creek Village, Florida; 6)
Village of Key Biscayne, Florida; 7) Miami Shores Village, Florida; 8) City of North Bay
Village, Florida; 9) City of North Miami, Florida; 10) City of North Miami Beach, Florida;
1 1) Village of Pinecrest, Florida; 12) City of South Miami, Florida; 13) City of Sunny lsles
Beach, Florida; 14) Town of Surfside, Florida; 15) City of Sweetwater, Florida; 16) City of
Virginia Gardens, Florida; for the purpose of coordinating law enforcement planning,
operations, and mutual aid benefit between the City of Miami Beach and Village of El
Portal, Florida City, City of Hialeah, City of Homestead, lndian Creek Village, Village of
Key Biscayne, Miami Shores Village, City of North Bay Village, City of North Miami, City
of North Miami Beach, Village of Pinecrest, City of South Miami, City of Sunny lsles
Beach, Town of surfside, city of Sweetwater, and the city of virginia Gardens.
PASSED and ADOPTED this _day of 2014.
PHIL!P LEVINE, MAYOR
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
10-1- t't
Date
126
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127
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Accepting A Water Main Easement From Talmudic University, Located At 4000 Alton Road; Said
Easement Located ln The Northwest Corner Of The Property, Westerly And Adjacent To The City's Water
Pump Station No. 41, For The City's Maintenance, Repair, Replacement, Relocation And Removal.
Item Summary/Recommendation :
The Talmudic University ("Developer") is the owner of the parcel located at 4000 Alton Road. The City
owns and maintains a subterranean water main in the northwest corner of the parcel, westerly and adjacent
to the City's Water Pump Station No. 41, located at 1050 41't Street.
ln addition to the parcel located at 4000 Alton Road, the Developer has also acquired the parcel adjacent to
the southern portion of their property, previously owned by the Florida Department of Transportation
(FDOT).
ln order for the City to continue to have access to its water main for maintenance, repair, replacement,
relocation and removal, the Public Works Department and the Developer have identified an appropriate
easement area for the City to access. ln addition, the Developer has agreed to the following terms, as
proposed by the City:o Within sixty (60) days of the approval of this Easement, the Developer, at its sole cost and
expense, shall install and maintain a chain link fence on the western and southern boundary lines
of the easement area, to demark the easement area as off-limits to anyone other than City
employees and contractors.. Damaged or broken sections, unless caused by the City, shall be repaired by the Developerwithin
a reasonable timeframe, but not later than five (5) business days after written notice from the City.o Damaged or broken sections caused by the City, shall be repaired by the City within a reasonable
timeframe, but not later than five (5) business days after written notice from the Developer.
The terms also allow for the City to have full rights to access the easement area.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Advisorv Board Recommendation:
t r\rrl ----------------
Financial lnformation:
Source of
Funds:
OBPI
Financial lmpact Summary:
T:\AGENDA\2014\October\PUBLIC WORKS\4000 alton road easement. Summary.doc
AGENDA naryi C7 KW AAIAMIBTAf,H DArw /0r2-/?128
MIAMI BEACH
City of Miomi Beqch, ,l700
Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
[,n" .n,TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND ACGEPTING A WATER MAIN
EASEMENT FROM TALMUDIC UNIVERSITY, LOCATED AT 4OOO ALTON ROAD;
SAID EASEMENT LOCATED !N THE NORTHWEST CORNER OF THE PROPERTY,
WESTERLY AND ADJACENT TO THE CITY,S WATER PUMP STATION No.41,
FOR THE GITY'S MATNTENANCE, REPAIR, REPLAGEMENT, RELOCATION AND
REMOVAL.
RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND
The Talmudic University ("Developef') is the owner of the parcel located at 4000 Alton Road.
The City owns and maintains a subterranean water main in the northwest corner of the parcel,
westerly and adjacent to the City's Water Pump Station No. 41 , located at 1050 41"1 Street.
ln addition to the parcel located at 4000 Alton Road, the Developer has also acquired the parcel
adjacent to the southern portion of their property, previously owned by the Florida Department
of Transportation (FDOT).
ln order for the City to continue to have access to its water main for maintenance, repair,
replacement, relocation and removal, the Public Works Department and the Developer have
identified an appropriate easement area for the City to access. ln addition, the Developer has
agreed to the following terms, as proposed by the City:. Within sixty (60) days of the approval of this Easement, the Developer, at its sole cost
and expense, shall install and maintain a chain link fence on the western and southern
boundary lines of the easement area, to demark the easement area as off-limits to
anyone other than City employees and contractorEa. Damaged or broken sections, unless caused Ofltne City, shall be repaired by the
Developer within a reasonable timeframe, but not later than five (5) business days after
written notice from the City.o Dam?ged or broken sections caused by the City, shall be repaired by the City within a
reasonable timeframe, but not later than five (5) business days after written notice from
the Developer.
129
The terms also allow for the City to have full rights to access the easement area.
CONCLUSION
The administration recommends approving the Resolution.
vrrS,neM/FRS
T:\AGENDA\2014\OctobeAPUBLlC WORKS\4000 Alton Road - water main easement agreement- memo.docx
130
Attachment -
EXHIBIT'A'
LEGAL DESCRIPTION: Water Main Easement
A Woter Moin Eosement ocross o portion of Lot D of RE-SUBDIVISION OF LOTS 48, +9,50 & 51 OF BLOCK 1,
NAUTILUS SUBDIVISION, occording to the plot thereof, os recorded in Plot Book 35 ot Poge 46, ond o portion ofLot 52, Block 1, of NAUTILUS SUBDIVISION, occording to the plot thereof, os recorded in -Plot Book B ot Poge 95,oll being recorded in the Public Records of Miomi-Dode County, Florido, ond o portion of Sections 22 ond 27 inTownship 53 South, Ronge 42 Eost, ond being more porticulorly described os foilows:
Commence ot the Southeost corner of Lot 54, Block 1 , of soid plot of NAUTILUS SUBDIVISION; thence
North 80'48'38" West olong the Southerly boundory line of soid Lot 54 f or 175.93 feet to o point on theNortherly Right-of-Woy line of Alton Rood, olso known os Stote Rood No. 25, os shown on the Florido
Deportment of Tronsportotion Right of Woy Mop Section 87090-240} Sheet I6 of 18, soid point lying on o
circulor curve, concove to the Southwest ond whose rodius point beors South 39'51'18" West; thence Northwesterlyolong soid Northerly Right-of-Woy line being o 600.92 foot rodius curve, leoding to the left, through o centrol
ongle of 03'58'57" for on orc distonce of 41.77 feet to o point of tongency; thence North 54'07'J9" West olong
soid Northerly Right-of-Woy line for 162.79 feet; thence North 23'1 1'59" Eost, deporting soid Northerly
Right-of-Woy line for 161.81 feet; thence North 05'59'5B" West tor 20.12 feet to the Point of Beginning of the
hereinofter described Woter Moin Eosement; thence continue North 05'59'58" West for 41.98 feet to o point onthe Southerly Right-of-Woy line of the Julio Tuttle Cousewoy, olso known os Stote Rood 1l2 ond l-195, os
shown on soid Florido Deportment of Tronsportotion Right of Woy Mop; thence North 55'48'22" Eost olong soid
Southerly Right-of-Woy line for 114.98 feet; thence South 25'20'17" Eost, deporting soid Southerly Right-of-Woy
line, for 2.48 feet; thence South 32'05'48" West for g3.56 feet; thence Souih 59'25'02" West for 48.86 feet tothe Point of Beginning.
SURVEYOR'S NOTES:
- This site lies in Sections 22 ond 27, Township 53 South, Ronge 42 Eost, City of Miomi Beoch, Miomi-Dode
County, Florido.
- Beorings hereon ore referred to on ossumed volue of N 09'11'22" E for the Westerly right of woy line ofAlton Rood.
- Londs shown hereon were not obstrocted for eosements ond/or rights-of-woy of records.
- This is not o "Boundory Survey" but only o grophic depiction of the description shown hereon.
- Dimensions shown hereon ore bosed on Fortin, Leovy, Skiles, sketch #2012-2OO-1.- Londs shown hereon contoininq 3,334 squore feet, or 0.077 ocres, more or less.
SU RVEYOR'S CERTIFICATION :
I hereby certify thot this "sketch of Description" wos mode under my responsible chorge on June 4, 2014, ondmeets the opplicoble codes os set forth in the Florido Administrotive Code, pursuont to Section 472.027, Florido
Stotutes.
"Not valid without the signature and the original raised
seal of a Florida Licensed Surveyor and Mappea'
FORTIN, LEAVY, SKILES, INC., 183653
By:
Doniel C,
Surveyor
Stote of
Fortin, Jr., For The Firm
ond Mopper, LS64J5
Florido.
LEGAL DESCRIPTION, NOTES & CERTIFICATION
FonrrN, LEAVY, S KTLES, rNC.
CONSULTING ENGINEERS, SUR\rEYORS & MAPPERS
FLORIE A CERTIFICATE OF AIJTI{ORIZATION NIJI\,iBER: OO003653
180 lrlortleest 168th. Street ,/ Irlortla \,fiani Eleach, Florida. 33L62
Ptrone: 305-653-4493 / Fu 305-651-'7152 / Email fls@flaawc]..com
Date 6/+/j 4
Scale p61 TO SCALE
Iob. No. 1 40586
Dwg, No.101J-109-W1
Sheet 1 of 3
Drawn By [/Ap
Cad. No. j31+57
KeI. DWC.- 2012-200
140s86 - so. FT. AOO1O E/4/1+
Plotted: 8/15/14 2:26p
131
EXHIBIT'A'
GRAPHIC SCALE
40 80
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NORIHERLY- ^;/RIGHT OF wAY LINE \ .^;/
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sTATE RoAo #25 \//
A=J58'57'
R=600.92'
L=41.77'
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FIE-SUBolvlSlON |oF LOTS zra, .9, so & 51oF BLOCK 1, NApT|LUS SUBO|V|SIONPLAT BTK 35 PAGE G
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Date 6/4/14
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Job. No. I 40586
Dwg. No.101J-109-W1
Sheet 2 of 3
WESTERLYJ l- - _*3Pl3i"#i'"lJ', \ - - -'l - --l-srATERoADrsoT I ^ I --* \ 8/ tt+rr o. ,,,...\-- s/ ",fI.8",.f t,
pOINTOF I ----L-
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-
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STATE ROAo l9o7 "u".,";;;;:lT:t
**op".y:r""'";E
SKETCH OF DESCRIPTION
FonrrN, LEAVY, S KILES, rNC.
CONSTILTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AIJTI{ORIZATION NIJI\/BER: 00O03653
l80 lrTortheut 168th. Street / hfortla I\/Iiami Beach, Florid-. 33162
Ptrone: 305-653-4493 / Fu 3O5-651-7152 / Email fls@flsswey-com
]- --"ICOMMENCEMENT
S.E. CORNER OF LOT 54
Drawn By [/AP
Cad. No. 131457
Ker. Dwg.
2012-200
140586 - SO. FT. A00E0 8/4/14
Plotted: A/tS/t+ Z:ZAp
NOT SUE'DIVIOEO
'-ryQrrs".^.<r.\
-'to,
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sourxrmv It- / nrctr or uv uNe I\ / or rur rurrLr I'.1 cAUsEwAY I\ srrrE nom flrz I. INTERSTATE 195 I\ n.m\eE
\ Qrts\ rrB
N05"59'.58'\ t
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i-- ,v-------t-
132
EXHIBIT ''A'
Date 6/+/ 1 +
lcale 591 TO SCALE
Iob. No. 1 40586
)wg. No,101J-109-W1
theet 3 of J
Drawn By MAp
Cad. No, 13j+57
Dwg.
2012-200
Het
140586 - SO. FT. ADDED E/4/lr
Plotted: B/15/1+ 2t26o
FonrrN, LBAVy, S KTLES, rNC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AIJTI{ORIZATION NIJIVIBER: 0OO03653
l80 lrlortheut 16ath. Street / Irlorth \/Iiami Eleach, Florida. 33L62
Ptronc: 305-653-4493 / Fu 305-65 I -7152 / Email fls@flsswey.com
133
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND ACCEPTING AN EASEMENT FROM
TALMUDIC UNTVERSITY ("TALMUDIC"), SAID EASEMENTTO BE LOCATED lN
THE NORTHWEST CORNER OF THE PROPERTY, WESTERLY AND ADJACENT
TO THE CITY'S WATER PUMP STATION NO. 41, FOR THE MAINTENANCE,
REPAIR, REPLACEMENT, RELOCATION, AND REMOVAL OF THE CITY'S
WATER MAIN.
WHEREAS, Talmudic University ("Talmudic") is the owner of the parcel located at 4000
Alton Road, Miami Beach, Florida, 33140; and
WHEREAS, the City owns and maintains a subterranean water main in the northwest corner
of the parcel, westerly and adjacent to the City's Water Pump Station No. 41 , located at 1050 41't
Street, Miami Beach, Florida, 33140; and
WHEREAS, in addition to the parcel located at 4000 Alton Road, Talmudic has also acquired
the parcel adjacent to the southern portion of their property, previously owned by the Florida
Department of Transportation (FDOT); and
WHEREAS, in order for the City to continue to have access to its water main for
maintenance, repair, replacement, relocation and removal, the Public Works Department and
Talmudic have identified an appropriate easement area.
NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND THE CITY
GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby approve and accept an easement from Talmudic University (Talmudic), said easementto be
located in the northwest corner of the property, westerly and adjacent to the City's Water Pump
Station No. 41 , for the maintenance, repair, replacement, relocation and removal of the City's water
main.
PASSED AND ADOPTED this _ day of _,2014.
ATTEST:
Philip Levine, Mayor
Rafael Granado, City Clerk
T:\AGENDA\2014\October\PUBLIC WORKS\4000 alton road easement. reso.doc
APPROVED AS TO
FORM & LANGUAGE
EXECUTTON
l^,\----- to-t4 - lk
rr.-l-.rir.E-
-
Citv Attuiev1-tr4 Dol
134
THIS PAGE INTENTIONALLY LEFT BLANK
135
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Waiving By
Votes, The Competitive Bidding Requirement, Finding Such Waiver To Be ln The Best lnterest Of The
City, And Authorizing The City Manager To Execute A Letter Of Agreement With Jewish Community
Services Of South Florida, lnc. ln The Amount Of $44,000, For The Jewish Community Services Hope
,Key Intended Outcome Supported:v-l
Environmental Scan
Item Summary/Recommendation :
Since 1995, the City of Miami Beach has collaborated with Jewish Community Services of South Florida,
lnc. (JCS) to clean certain areas of the City's business and residential districts. Through this initiative,
called the HOPE Program by JCS, homeless and formerly homeless individuals are provided with much
needed employment in exchange for cleaning our City's public right-of-ways, swale, streets and gutters.
The City has provided annually funds since 1995 to JCS. JCS, in turn, matches City funds with grant and
other dollars to employ homeless and formerly homeless individuals from our City. Eligible workers must
meet stringent criteria established by JCS' Rehabilitation and Employment Division (such as completing
treatment and counseling programs to address issues that were barriers to employment and living in either
transitionalor permanent housing) as conditions to program selection.
The City Commission approved by Resolution in 2000 and 2002, funding for the HOPE Program through
the adoption of FY 2000/01 and FY 2002103 Budgets for Special Revenue Funds for Resort Tax. Since
then, the City has continued to annually provide funds for the JCS to support the HOPE Program. $44,000
was appropriated as part of the Sanitation Budget for the HOPE Program in FY 2014115. However, there is
no authorization to enter into an annual agreement with JCS.
The City Administration desires to continue its support of the JCS HOPE Program since it has mutual
benefits for both the homeless community in Miami Beach and the City. Under this letter of agreement,
JCS assists the City in accomplishing one of the Citywide Key lntended Outcomes, which is to improve the
cleanliness of Miami Beach right-of-ways, especially in business areas.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Financial Information:
Fy1r{s:&)\'/ oBPr
Financial lmpact Summary:
Sanitation Combined Budget in FY
20141 1 5, Account # 435-0430-00031 2.
Assistant Citv Manaoer
T:\AGENDA\2014\October\PUBLIC WORKSUCS waiver of competitive bidding Summary.doc
AGEFIDA fiEM E7 L# frA*AMIB*ACH uArn lo')a'/y136
MIAMI BEACH
City of Miomi Beoch, ,l700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of Fre City Com
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT: A RESOLUTION OF THE MAYORIAND CITY COMMISSION OF THE CITY OF
MIAMT BEACH, FLORIDA, WAIUIG BY 5N1H VOTES, THE COMPETITIVE
BIDDING REQUIREMENT, FINDING SUGH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A LETTER OF AGREEMENT WITH JEWISH COMMUNITY SERVICES OF SOUTH
FLORIDA, INC. IN THE AMOUNT OF $44,000, FOR THE JEWISH COMMUNITY
SERVICES HOPE PROGRAM.
RECOMMENDATION
The administration recommends approving the Resolution.
FUNDING
$44,000
$44,000
Sanitation Combined Budget inFY 2014115,
Account # 435-0430-00031 2.
TOTAL
BACKGROUND
Since 1995, the City of Miami Beach has collaborated with Jewish Community Services of
South Florida, lnc. (JCS) to clean certain areas of the City's business and residential districts.
Through this initiative, called the HOPE Program by JCS, homeless and formerly homeless
individuals are provided with much needed employment in exchange for cleaning our City's
public right-of-ways, swales, streets and gutters.
The City has provided annually funds since 1995 to JCS. JCS, in turn, matches City funds with
grant and other dollars to employ homeless and formerly homeless individuals from our City.
Eligible workers must meet stringent criteria established by JCS' Rehabilitation and Employment
Division (such as completing treatment and counseling programs to address issues that were
137
issues that were barriers to employment and living in either transitional or permanent housing)
as conditions to program selection.
The City Commission approved by Resolution in 2000 and 2002, funding for the HOPE Program
through the adoption of FY 2000/01 and FY 2002103 Budgets for Special Revenue Funds for
Resort Tax. Since then, the City has continued to annually provide funds for the JCS to support
the HOPE Program. $44,000 was appropriated as part of the Sanitation Budget for the HOPE
Program in FY 2014115. However, there is no authorization to enter into an annual agreement
with JCS.
The City Administration desires to continue its support of the JCS HOPE Program since it has
mutual benefits for both the homeless community in Miami Beach and the City. Under this letter
of agreement, JCS assists the City in accomplishing one of the Citywide Key lntended
Outcomes, which is to improve the cleanliness of Miami Beach right-of-ways, especially in
business areas.
CONCLUSION
The administration recommends approving the Resolution.
MrtffiB^M/FRS
T:\AGENDA\2014\OctobeAPUBLlC WORKSUCS waiver of competitive bidding memo.docx
138
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, WAIVING, BY 5/7TH VOTE, THE COMPETITIVE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A LETTER OF AGREEMENTWITH JEWISH COMMUNITYSERVICES
OF SOUTH FLORIDA, INC., IN THE AMOUNT OF $44,000, FORTHE PROVISION
OF LITTER CONTROL AND SANITATION SUPPORT SERVICES, THROUGH
JCS'S HoPE PRoGRAM, tN THE AREA FRoM 5,, To 11TH STREETS, BETWEEN
LENOX AND MERIDIAN AVENUES.
WHEREAS, since 1995, the City of Miami Beach has provided funding to Jewish Community
Services of South Florida, lnc. (JCS) to clean certain areas of the City's business and residential
districts; and
WHEREAS, through JCS's HOPE Program, homeless and formerly homeless individuals are
provided with much needed employment in exchange for cleaning our City's right-of-ways, swales,
and streets and gutters; and
WHEREAS, the City wishes to continue to contract with JCS for the provision of street
cleaning services through the HOPE Program; and
WHEREAS, under the current proposed new agreement, provision of litter control and
sanitation support services shall include sweeping and litter removal of street, swale and gutter
areas, from 5th Street to 1 1th Street, between LenoiAvenue and Meridian Avenue, from 6 am to 1 1
am, five (5) days a week, fortwo hundred and sixty (260) days, at one hundred sixty nine and twenty
three cents ($169.23) per day, for a maximum not to exceed forty-four thousand dollars ($44,000);
and
WHEREAS, the City's Sanitation Division shall monitor the targeted areas on a daily basis,
and include the areas for assessments in the City's Cleanliness lndex program; and
WHEREAS, forty-four thousand dollars ($44,000) was appropriated as part of the Sanitation
Budget for the HOPE Program in FY 2014-15; and
WHEREAS, the City Administration desires to continue its support of the JCS's HOPE
Program, since it has mutual benefits for both the homeless community in Miami Beach and the City,
and accordingly, would recommend that the Mayor and City Commission waive competitive bidding,
finding such waiverto be in the best interest of the City, and authorize the City Managerto enter into
a Letter of Agreement with JCS to provide the aforestated services.
139
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby waive, by 5t7th vote, the competitive bidding requirement, finding such waiver to be in the
best interest of the City, and authorize the City Manager to execute a Letter of Agreement with
Jewish Community Services of South Florida, lnc., in the amount of $44,000, for the provision of
litter control and sanitation support services, through JCS's HOPE Program, in the area from Sth
Street to 11th street, between Lenox Avenue and Meridian Avenue.
PASSED AND ADOPTED this ----- day of _,2014.
ATTEST:
Philip Levine, Mayor
Rafael Granado, City Clerk
City Attorney Date
T:\AGENDA\2014\OctobeAPUBLlC WORKSUCS Waiver of competitive bidding reso.doc
APPROVED AS TO
FORM & LANGUAGE
(o- (+- (k
Doie
140
g MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfl.gov
OFFICE OF THE CITY MANAGER
Tel: 305.673.701 0, Fax: 305.67 3.77 82
October 22,2014
Jewish Community Services of South Florida, lnc.
Attn: Fred Stock, Executive Director
735 NE 125th Street
North Miami, Fl. 33161
(305)403-6521
RE: LETTER OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND
JEWTSH COMMUNTTY SERVTCES OF SOUTH FLORTDA, rNC. (JCS) FOR
PROVISION OF CERTAIN SANITATION SERVICES THROUGH JCS'S HOPE
PROGRAM.
Dear Mr. Stock:
The foregoing Letter Agreement shall confirm the understanding between the City of Miami
Beach, Florida (hereinafter referred to as the City) and Jewish Community Services Of South
Florida, lnc., a not for profit corporation (hereinafter referred to as JCS or Contractor), pertaining
to Contractor's engagement to improve cleanliness of certain City of Miami Beach right-of-ways,
swale areas, and streets and gutters.
Through Contractor's HOPE Program, homeless and formerly homeless individuals are
provided with needed employment in exchange for cleaning designated City right-of-ways,
swale areas, and streets and gutters.
Scope of Work (Seruices/ - The Contractor shall provide litter control and sanitation
support services (the Services), including sweeping, and litter removal, on swale areas,
streets and gutters in the areas from 5th to 11th Streets, between Lenox and Meridian
Avenues (the Targeted Areas), from 6 am to 11 am, Monday through Fridays. The City's
Sanitation Division shall monitor the Targeted Areas on a daily basis, and include such
Areas for assessment in the City's Cleanliness lndex program. JCS must score a
minimum of 1.5 on the City's Cleanliness lndex Assessmenfs (with 1 being Extremely
Clean and 5 being Extremely Dirty) for the Targeted Areas.
Compensation - Contractor's total compensation during the Term of this Agreement
shall not exceed the maximum allowable sum of Forty-four Thousand Dollars ($44,000).
(*) Provision of Services for Two Hundred and Sixty (260) days, at One Hundred Sixty
Nine Dollars and Twenty Three Cents ($169.23) per day, for a maximum not to exceed
Forty-four Thousand Dollars ($44,000).
lnvoicing - Contractor shall submit Monthly lnvoices and Monthly Service Summary
Reports (template attached) to Rhonda McPherson, Assistant Division Director, Division
of Sanitation, 140 MacArthur Causeway, Miami Beach, Florida, 33139.
141
Method Of Payment - Payments shall be made within thirty (30) days of the date of
invoice, in a manner satisfactory to and as approved and received by the City Manager
and/or her designee, who shall be the City's Assistant Division Director, Division of
Sanitation.
Responsibility Ot The Contractor - Any individual selected by Contractor to perform
services under this Agreement must be pre-screened and meet JCS's Rehabilitation and
Employment Division criteria by completing treatment and counseling programs to
address issues that were barriers to employment, and living in either transitional or
permanent housing. All laborers will be supervised by a supervisor provided by the
Contractor.
Duration And Extent Of Agreement (Term) - The Term of this Agreement shall
commence upon issuance of Notice To Proceed, by the City and shall terminate no later
than September 30, 2015.
lndemnification - Contractor agrees to indemnify and hold harmless the City of Miami
Beach and its officers, employees and agents, from and against any and all actions,
claims, liabilities, losses, and expenses, including, but not limited to, attorneys'fees, for
personal, economic or bodily injury, wrongful death, loss of or damage to property, at law
or in equity, which may arise or be alleged to have arisen from the negligent acts, errors,
omissions or other wrongful conduct of the Contractor, its employees, agents, sub-
contractors, or any other person or entity acting under Contractor's control, in connection
with the Contractor's performance of the Services pursuant to this Agreement; and to
that extent, the Contractor shall pay all such claims and losses and shall pay all such
costs and judgments which may issue from any lawsuit arising from such claims and
losses, and shall pay all costs and attorneys'fees expended by the City in the defense of
such claims and losses, including appeals.
Termination for Convenience of City - The City may, for its convenience and without
cause, terminate this agreement at any time during the term hereof by giving written
notice to Contractor of such termination, which shall become effective seven (7) days
following receipt by the Contractor of the written termination notice. ln that event, any
finished or unfinished documents and other materials prepared and or othenruise
compiled by Contractor pursuant to its provision of the Services, shall be promptly
assembled and delivered to the City, at Contractor's sole cost and expense. if the
Agreement is terminated by the City, Contractor shall be paid for any Services
satisfactorily performed, as determined by the City Manager or his/her authorized
designee, in their respective sole discretion and judgment, up to the date of termination;
provided, however, that as a condition precedent to such payment, Contractor shall have
delivered any and all documents, materials, etc, to City, as required herein.
lnsurance Requirements - The Contractor shall not commence any work and/or
Services pursuant to this Agreement until the required insurance below has been
obtained, and such insurance has been reviewed and approved by the City's Risk
Manager. Contractor shall maintain and carry in full force during the Term of this
Agreement the following insurance:
1. Contractor General Liability, in the amount of $1,000,000.2. Workers Compensation & Employers Liability, as required pursuant to
Florida Statutes.
142
All insurance required hereunder must be furnished by insurance companies authorized
to do business in the State of Florida. Original certificates of insurance for the above
coverage must be submitted to the City's Risk Manager at the Office of the Risk
Manager of the City of Miami Beach, 1700 Convention Center Drive, Miami Beach,
Florida 33139. The Contractor is solely responsible for obtaining and submitting all
insu rance certificates for its sub-contractors.
All insurance policies must be issued by companies authorized to do business under the
laws of the State of Florida. The companies must be rated no less than "B+" as to
management and not less than "Class Vl" as to strength by the latest edition of Best's
lnsurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent.
Compliance with the foregoing requirements shall not relieve the Contractor of the
liabilities and obligations under this Section or under any other portion of this Agreement,
and the City shall have the right to obtain from the Contractor specimen copies of the
insurance policies in the event that submitted certificates of insurance are inadequate to
ascertain compliance with required overage.
All of Contracto/s certificates, as required, shall contain endorsements providing that
written notice shall be given to the City at least thirty (30) days prior to termination,
cancellation or reduction in coverage in the policy.
lf the aforestated meets with your approval, please acknowledge and execute same in the
space provided below. Upon execution by the City Manager (on behalf of the City), we will
fonruard a fully executed copy to you for your records.
Sincerely,
Eric T. Carpenter, P.E.
Public Works Director
143
By:By:
I have read this letter agreement and fully
and conditions contained herein.
Contractor/Jewish Comm unity Services
Of South Florida
Contractor Signature
Print Name
Date
JM/MT/EC
Cc: Jimmy Morales, City Manager
Mark Taxis, Assistant City Manager
Raul J. Aguila, Chief Deputy City Attorney
understand same, agree to be bound by the terms
The City/City of Miami Beach
Jimmy Morales
City Manager
Date
APPROVED AS TO
FORM & LANGUAGE
& FqR EXECUTTON& Fxl EXEGUT|ON
*!J,]*\- to- (4 -A-
-
Date
144
THIS PAGE INTENTIONALLY LEFT BLANK
145
COMMISSION ITEM SUMMARY
Gondensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A SMALL
MUNICIPAL AND COUNTY GOVERNMENT ENTERPRISE LICENSE AGREEMENT (ELA) WITH
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE lNC. (ESR!) FOR THE GEOGRAPHIC
INFORMATION SYSTEM (GIS); SAID AGREEMENT HAVING A TERM OF THREE (3) YEARS' AT AN
ANNUAL COST OF
@trolsToAchieveMoreAccountability.BuildandMaintainPrioritylnfrastructureWith
Data Environmenta! Scan, etc.):
Item Summary/Recommendation :
lfre City's Ceographic lnformation System is a critical element in various departments throughout the City.
Many programs rely on GIS including City Works asset management system, New World computer aided
dispatch system, Automated Vehicle Location system, Eden, Cleanliness/Appearance Reporting, traffic alert
updates, and more. ln addition, GIS provides mapping, analysis, and reporting needs for all city departments
including:
. Provides mapping support services for the Mayor's Blue Ribbon Panel on Sea Level Rise.
. Administers the Police Department's Crime Analysis Division's ArcGlS Online portal.
o Develops and maintains automated processes for updating Miami-Dade County property appraiser
parcel data.. Provides support services for the City's Emergency Operations Center.
o Provides contractors working outside the City's computer network access to view live storm water
and sanitary GIS data in AutoCAD.
On March 14, 2007, the City Commission, via Resolution No. 2007-26486, approved the purchase of a
Geographic lnformation System (GlS) Site License from Environmental System Research lnstitute, lnc. (ESRI)
and established the ESRI system as the City's GIS standard. On March 14, 2008, the City Commission,
through Resolution 2008-26937 , approved the transition from a single site license to a three (3) year Small
Municipal and County Enterprise License Agreement because of the added functionality, ongoing maintenance
and support, and cost effectiveness. On December 7,2011, through Resolution 2011-27772, the City
Commission approved the further extension of the Small Municipal and County Enterprise License Agreement
through December 14,2014. To continue the use of the ESRI GIS system past December 14,2014, the City
must execute a new Small Municipal and County Enterprise License Agreement.
CONCLUSION
fne esnt OIS system has been used extensively throughout the City for many applications requiring GIS
functionality, and has performed well. Additionally, the ESRI GIS system is a product partner with Tyler
Technologies, owner of the recently approved Munis ERP system. Therefore, the Administration does not
expect any issues in utilizing the ESRI GIS while transitioning to the Munis ERP system. Given past
performance, the extensive use of the ESRI GIS system, its functionality with the City's current and future ERP
systems, as well its relatively low cost, the Administration recommends approval of the attached Small
Municipal and County Enterprise License Agreement with a three (3) year term at an annual cost of $50,000.00
RECOMMENDATION
the Resolution
Board Recommendation:
Financial
""':5F
Amount Account
1 $50,000 550-0630-000325
Total $50,000
Financial lmpact Summary:
Alex Denis, ext. 7490
Assistant City Manager
AGENDA ITEM c714
AAIAAAIBTACH aATE l|'aa'ly146
&
e*t$rr
City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Phillip Levine and Members f the City
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND Clry COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A SMALL MUNICIPAL AND
COUNTY GOVERNMENT ENTERPRISE LICENSE AGREEMENT (ELA}
WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE INC. (ESRI)
FOR THE GEOGRAPHIC INFORMATION SYSTEMS; SAID AGREEMENT
HAVING A TERM OF THREE (3) YEARS, AT AN ANNUAL COST OF
$50,000.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
FUNDING
Account Code: 550-0630-000325, Amount - $50,000 for FY2015
BACKGROUND/ANALYS
The City's Geographic lnformation System is a critical element in various departments throughout
the City. Many programs rely on GIS including City Works asset management system, New
World computer aided dispatch system, Automated Vehicle Location system, Eden,
Cleanliness/Appearance Reporting, traffic alert updates, and more. ln addition, GIS provides
mapping, analysis, and reporting needs for all city departments including:
o Provides mapping support services for the Mayor's Blue Ribbon Panel on Sea Level
Rise.. Administers the Police Department's Crime Analysis Division's ArcGlS Online portal.
o Develops and maintains automated processes for updating Miami-Dade County
property appraiser parcel data.. Provides support services for the City's Emergency Operations Center.o Provides contractors working outside the City's computer network access to view live
storm water and sanitary GIS data in AutoCAD.
On March 14, 2007, the City Commission, via Resolution No. 2007-26486, approved the
purchase of a Geographic lnformation System (GlS) Site License from Environmental System
Research lnstitute, lnc. (ESRI) and established the ESRI system as the City's GIS standard. On
March 14, 2008, the City Commission, through Resolution 2008-26937, approved the transition
from a single site license to a three (3) year Small Municipal and County Enterprise License
Agreement because of the added functionality, ongoing maintenance and support, and cost
effectiveness. On December 7, 2011, through Resolution 2011-27772, the City Commission
approved the further extension of the Small Municipal and County Enterprise License Agreement
through December 14,2014. To continue the use of the ESRI GIS system past December 14,
2014, the City must execute a new Small Municipal and County Enterprise License Agreement.
tri""r tr*"^ $ ;'""'tr
147
October 22,2014
Commission Memorandum
Enterprise License Agreement - ESRI
Page 2 of 2
CONCLUSION
The ESRI GIS system has been used extensively throughout the City for many applications
requiring GIS functionality, and has performed well. Additionally, the ESRI GIS system is a
product partner with Tyler Technologies, owner of the recently approved Munis ERP system.
Therefore, the Administration does not expect any issues in utilizing the ESRI GIS while
transitioning to the Munis ERP system. Given past performance, the extensive use of the ESRI
GIS system, its functionality with the City's current and future ERP systems, as well its relatively
low cost, the Administration recommends approval of the attached Small Municipal and County
Enterprise License Agreement with a three (3) year term at an annual cost of $50,000.00
RECOMMENDATION
Approve the Resolution.
rLMtMrt^DEe\
T:\AGEN DA\20 1 4\22October\ESRI - Memo.doc
148
@esri'
July 29,2014
Mr. Keary Cunningham
City of Miami Beach
1700 Convention Ctr Dr
Miami Beach, FL 33139
Dear Keary,
The Esri Small Municipal and County Government Enterprise License Agreement (ELA) is a three-year
agreement that will grant your organization access to Esri@ term license software on an unlimited basis
including maintenance on all software offered through the ELA for the term of the agreement. The ELA
will be effective on the date executed and will require a firm, three-year commitment.
Based on Esri's work with several organizations similar to yours, we know there is significant potential to
apply geographic information system (GIS) technology in many operational and technical areas within
your organization. For this reason, we believe that your organization will greatly benefit from an
enterprise license agreement"
An ELA will provide your organization with numerous benefits including:
' A lower cost per unit for licensed software. Substantially reduced administrative and procurement expenses
' Maintenance on all Esri software deployed under this agreementr Complete flexibility to deploy software products when and where needed
The following business terms and conditions will apply:
. All current departments, employees, and in-house contractors of the organization will be eligible
to use the software and services included in the ELA.
. If your organization wishes to acquire and/or maintain any Esri software during the term of the
agreement that is not included in the ELA, it may do so separately at the Esri pricing that is
generally available for your organization for software and maintenance.
. The organization will establish a single point of contact for orders and deliveries and will be
responsible for redistribution to eligible users.
. The organization will establish a Tier I support center to field calls from intemal users of Esri
software. The organization may designate individuals as specified in the ELA who may directly
contact Esri for Tier 2 technical support"
' The organization will provide an annual report of installed Esri software to Esri.
380 New York Street
Redlends, Catifornia ?2373-8100 us*
?09 793 28s3
inlogesri.com
149
r Esri software and updates that the organization is licensed to use will be automatically available
for downloading.
. The organization will act as an Esri reference site and will permit Esri to publicize its use of Esri
software and services.
. The fee and benefits offered in this ELA proposal are contingent upon your acceptance ofEsri's
Small Municipal and County Government ELA terms and conditions.
. Licenses are valid for the term of the ELA.
This program offer is valid for 90 days. To complete the agreanent within this time frame, please contact
me within the next seven days to work through any questions or concerns you may have. To expedite
your acceptance ofthis ELA offer:
1" Sign and return the signature page of the ELA with a Purchase Order or issue a Purchase
Order that references this ELA Quotation and includes the following statanent on the face of the
Purchase Order: "THIS PURCHASE ORDER IS GO\IERNED BY THE TERMS AND
CONDITIONS OF THE ESRI SMALL MUNICIPAL AND COUNTY GO\'ERNMENT
ELA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER
WILL NOT APPLY." Have it signed by an authorized representative of the organization.
2. On the first page of the ELA, identify the central point of contact/agreement administrator. The
agreement administrator is the party that will be the contact for management of the software,
administration issues, and general operations. Information should include name, title (if
applicable), address, phone number, and e-mail address.
3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization.
4. Send the purchase order and agreement to the address, email or fax noted below:
Esri e-mail: service@esri.com
Attn: Customer Service SG-ELA fax documents to: 909-307-3083
380 New York Street
Redlands, C A 9237 3 -8 I 00
I appreciate the opporlunity to present you with this proposal, and I believe it will bring great benefits to
your organization.
Thank you very much for your consideration.
Best Regards,
Robyn Garrett
rgarrett@,esri.com
704-541-98t0 *8640
Small Govemment ELA
150
@esri.
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC.
3325 Springbank Ln, Ste 200
Charlotte, NC 28226-3343
Phone: (704) 54{-9810 Fax: (704) 541-7620
DUNS Number: 06-3134175 CAGE Code: 0AMS3
To expedite your order, please attach a copy of
this quotation to your purchase order.
Quote is valid from: 07/29/2014 To: 10/27/2014
Quotatio n # 20453384
Date: July 29,2014
Customer # 142437 Contract #
City of Miami Beach
Public Works Dept
1700 Convention Ctr Dr
Miami Beach, FL 33139
ATTENTION: Keary Cunningham
PHONE: (305) 673-7000
FAX:
Material Qty Description Unit Price Total
110037
1 1 0037
110037
Populations of 50,001 to 100,000 Small Government Term Enterprise
License Agreement
-First yearly payment
Populations of 50,001 to 100,000 Small Government Term Enterprise
License Agreement
-Second yearly payment
Populations of 50,001 to 100,000 Small Government Term Enterprise
License Agreement
-Third yearly payment
50,000.00
50,000.00
50,000.00
50,000.00
50,000.00
50,000.00
Item Total:150,000.00
Subtotal:
Sales Tax:
Estimated Shipping & Handling(2 Day Delivery) :
Contract Pricing Adjust:
150,000.00
0.00
0.00
0.00
Total: $150,000.00
This quote is for the continuation of the SGELA within Miami Beach and to renew
the current contract # 2011SGE7714 which expires 10-24-2014.
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
or questions contact: Robyn Garrett Email: rgarrett@esri.com Phone: (704) 541-9810 x8640
The items on this quotation are subject to the terms set forth herein and the terms of your agreement with Esri, if any, or, where applicable, Esri's
standard terms and conditions at www.esri.com/legal, which are incorporated by reference. Federal government entities and government prime
contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance is limited to the terms of this
quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be
sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services.
lf sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630
GARRETTR This offer is limited to the terms and conditions incorporated and attached herein.
151
Authorized Distributor/Esri Use
@esr
t SMALL OnlY:
I" ENTERPRISE LICENSE AGREEMENT 3::::il,-"I Cousry aNo llluNrctpAl-rrl' pO #
Esri Agreement #
Esri, 380 New York St.. Redlands, CA 92373-8100 USA. TEL 909-793-2853 . FAX 909-793-5953
This Small Enterprise License Agreement ("ELA") is by and between the organization listed on the signature page
("Licensee"); Environmental Systems Research Institute, Inc. ("Esri"); and, if Licensee is located outside the United
States of America (USA), the Authorized Distributor listed on the signature page ("Authorized Distributor"). Authorized
Distributor is authorized by Esri to provide access to Online Services and provide ELA Maintenance for Enterprise Products
and other benefits, as described herein, to Licensee located outside the USA.
This ELA sets forth the terms for Licensee's use of Enterprise Products and incorporates by reference (i) the ELA Quotation
and (ii) the License Agreement. Should there be any conflict between the terms and conditions of the documents that
comprise this ELA, the order of precedence for the documents shall be as follows: (i) the ELA Quotation, (ii) Small
Enterprise License Agreement, and (iii) the License Agreement. This ELA shall be governed by and construed in accordance
with the laws of the state in which Licensee is located without reference to conflict of laws principles, and the USA federal
law shall govern in matters of intellectual property" The modifications and additional rights granted in this ELA apply only to
the Enterprise Products listed in Table A.
Table A
List of Enterprise Products
Unlimited Ouantities Developer Tools
Desktop Software and Extensions ATcGIS Engine
ATcGIS for Desktop Advanced ATcGIS Engine Extensions: ATcGIS 3D Analyst, ATcGIS
ATcGIS for Desktop Standard Spatial Analyst, ATcGIS Engine Geodatabase Update,
ATcGIS for Desktop Basic ATcGIS Network Analyst, ATcGIS Schematics
ATcGIS for Deskop Extensions: ATcGIS 3D Analyst, ATcGIS Runtime Standard
ATcGIS Spatial Analyst, AToGIS Geostatistical Analyst, ATcGIS Runtime Standard Extensions: ATcGIS 3D Analyst,
ATcGIS Publisher, ATcGIS Network Analyst, AToGIS ATcGIS Spatial Analyst, ATcGIS Network Analyst
Schematics, ATcGIS Workflow Manager for Desktop,
ATcGIS Data Reviewer lipqilgd Ouantities
One (1) Amual Subscription to Esri Developer Network
Server Software and Extensions (EDN) Standard*
ATcGIS for Server Workgroup and Enterprise One (1) Esri CityEngine Advanced Single Use License
(Advanced, Standard, and Basic) One (1) Esri CityEngine Advanced Concurrent Use License
ATcGIS for Server Extensions: ATcGIS 3D Analyst, One (1) ATcGIS Online Subscription
ATcGIS Spatial Analyst, ATcGIS Geostatistical Analyst,
ATcGIS Network Analyst, ATcGIS Schematics, ATcGIS
Work{Iow Manager for Server, ATcGIS Image Extension
for Server
Other Benefits
One (1) ATcGIS Online subscription with specified named users and credits as determined in the
Drosram descriotion
Level 4
Number of Esri User Conference registrations provided annually 4
Number of Tier 1 Help Desk individuals authorized to call Esri 4
Maximum number of sets of backuo media- if reouested**2
Virtual Camous Annual User License allowance 10.000
Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities
purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package.)
*ELA Maintenance is not provided for these items.
**Additional sets of backup media may be purchased for a fee.
E214-3 (Level 3)Page 1 of6 06/19t2014
152
Licensee may accept this ELA by signing and retuming it with an Ordering Document that matches the ELA Quotation and
references this ELA. ADDITIONAL OR CONFLICTING TERMS IN LICENSEE'S ORDERING DOCUMENT WILL
NOT APPLY, AND THE TERMS OF THIS ELA WILL GOVERN. Unless otherwise mutually agreed to, this ELA is
effective as ofthe date ofthe last signature on the signature page ("Effective Date"), or ifno date is provided with the
signature, the date of Esri's receipt of Licensee's Ordering Document incorporating this ELA by reference"
This ELA supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the
parties relating to the licensing of the Enterprise Products. Except as provided in Article 4-Enterprise Product Updates, no
modifications can be made to this ELA.
This ELA may be executed in duplicate by the parties. An executed separate signature page transmitted through electronic
means, such as fax or e-mail, is valid and binding even if an original paper document bearing each party's original signature
is not delivered-
Accepted and Agreed:
(Licensee)
Authorized Signature
Printed Name:
Title:
Date:
LICEITISEE CONTACT INFORMATION
By:
Contact:
Address:
Country:
Telephone:
Fax:
City, State, Postal Code:E-mail:
ELA Quotation Number (if applicable):
E214-3 (Level 31 Page 2 of 6 06/19t2014
153
1.0-AooruoNAL DrnNrrroNs
In addition to the definitions provided in the License
Agreement, the following definitions apply to this ELA:
"Deploy" means to redistribute and install the Enterprise
Products and related Authorization Codes within
Licensee's organization(s).
"ELA Maintenance" means Tier 2 Support, updates, and
patches provided by Esri or its Authorized Distributor to
Licensee for the Enterprise Products"
"ELA Quotation" means the Small Enterprise License
Agreement offer letter and quotation provided separately
by Esri or its Authorized Distributor to Licensee.
"ELA tr'ee" means the fee set forth in the ELA
Quotation.
"Enterprise Products" means the Products identified in
Table A-List of Enterprise Products and any updates to
such list provided in writing by Esri or its Authorized
Distributor.
"lncident" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational or
functional performance.
"License Agreement" means the applicable license
agreement incorporated by this reference that is (i) found
at http://www.esri.com./lesal/software-license; composed
of the General License Terms and Conditions (E204) and
Exhibit 1, Scope of Use (E300); and available in the
installation process requiring acceptance by electronic
acknowledgment or (ii) a signed license agreement
between Esri, Distributor (if applicable), and Licensee
that supersedes such electronically acknowledged license
agreement.
"Technical Support" means a process to attempt to
resolve reported Incidents through error correction;
patches; hot fixes; workarounds; replacement deliveries;
or any other tlpe ofEnterprise Product corrections or
modifications.
"Tier 1 llelp Desk" means Licensee's point of contact
from which all Tier 1 Support will be given to Licensee.
"Tier I Support" means the Technical Support provided
by the Tier 1 Help Desk as the primary contact to
Licensee in attempted resolution ofreported Incidents.
"Tier 2 Support" means the Technical Support provided
by Esri or its Authorized Distributor to the Tier 1 Help
Desk when the Incident cannot be resolved through Tier 1
Support. Licensees located in the USA will receive Tier 2
Support from Esri. Licensees outside the USA will
receive Tier 2 Support from an Authorized Distributor
located in the Licensee's region.
2.0-AoorrroNAl- Gnrxr oF LTcENSE
2.1 Grant of License. Subject to the terms and
conditions of this ELA, Esri grants to Licensee a
personal, nonexclusive, nontransferable Term
License solely to use, copy, and Deploy quantities of
the Enterprise Products listed in Table A for the term
provided in Section 3.1-Term (i) for which the
applicable license fees have been paid and (ii) in
accordance with the License Agreement.
2.2 Consultant Access. Esri grants Licensee the right to
permit Licensee's consultants or contractors to use the
Enterprise Products exclusively for Licensee's
benefit. Licensee shall be solely responsible for
compliance by consultants and contractors with this
ELA and shall ensure that the consultant or
contractor discontinues use of Enterprise Products
upon completion of work for Licensee. Access to or
use ofEnterprise Products by consultants or
contractors not exclusively for Licensee's benefit is
prohibited. Licensee may not permit its consultants or
contractors to install Software or Data on consultant,
contractor, or third-party computers or remove
Software or Data from Customer locations, except for
the purpose of hosting the Software or Data on
Contractor Servers for the benefit of Licensee.
3.0-T rnm, Tentuiurtoi\-, AND EXPIRATI0N
3.1 Term. The term of this ELA and all licenses
hereunder shall commence on the Effective Date and
continue for three (3) years, unless this ELA is
terminated earlier as provided herein. Licensee is
only authorized to use Deployed Enterprise Products
during the term of this ELA. No indefinite term or
perpetual license grants are provided with this ELA.
3.2 No Use upon Expiration or Termination. All
Deployed Enterprise Product licenses and all ELA
Maintenance, Virtual Campus access, and User
Conference Registrations terminate on expiration or
termination of this ELA.
3.3 Termination for a Material Breach. Either party
may terminate this ELA for a material breach by the
other party. The breaching party shall be given a
period often (10) days from the date ofwritten notice
to cure any material breach.
E214-3 (Level 3)Page 3 of 6 06t19/2014
154
3.4 Termination for Lack of Funds. For government or
government-owned entities only, either party may
terminate this ELA for Lack of Funds. Lack of Funds
is the inability ofLicensee to secure appropriation of
funds through the legislative or governing body's
approval process for annual payments due.
4.0-f nTSRPRISE PRooucr Upoares
4.1 tr'uture Updates. Esri and its Authorized Distributor
reserye the right to update the list of Enterprise
Products in Table A by providing written notice to
Licensee. Licensee may continue to use all Enterprise
Products that have been Deployed, but support and
upgrades for deleted items may not be available. As
new Enterprise Products are incorporated into the
standard program, they will be offered to Licensee
via written notice for incorporation into the
Enterprise Products schedule at no additional charge.
Licensee's use of new or updated Enterprise Products
requires Licensee to adhere to applicable additional
or revised terms and conditions of the License
Agreement.
4.2 Product Life Cycle. During the term of this ELA,
some Enterprise Products may be retired or may no
longer be available for unlimited quantity
Deployment. ELA Maintenance shall be subject to
the individual Product Life Cycle Support Status and
Product Life Cycle Support Policy, which can be
found at http://support.esri.com.ienlcontent
/productlifecycles. Updates for Enterprise Products in
the mature and retired phases may not be available;
however, Licensee may continue to use Deployed
Enterprise Products for the term of this ELA, but
Licensee will not be able to Deploy retired Enterprise
Products.
5.0-ELA l\&lNrsNlNcr
ELA Maintenance is included with the ELA Fee. ELA
Maintenance includes standard maintenance benefits
specified in either (i) the most current applicable Esri
Standard Maintenance Program document (found at
http:/iwww.esri.com/leeal) for USA-based Licensees or
(ii) the applicable Authorized Distributor software
maintenance policy as modified by this Article 5.0-ELA
Maintenance. At Esri's soie discretion, Esri may make
patches, hot fixes, or updates available for download. No
Software other than the defined Enterprise Products will
receive ELA Maintenance. Licensee may acquire
maintenance for other Software (non-Enterprise Products)
outside this ELA.
Tier I Support Provided by [,icensee
1. Licensee shall provide Tier I Support through
the Tier 1 Help Desk to all Licensee's authorized
users.
2. The Tier 1 Help Desk will use analysts fully
trained in the Software they are supporting.
3. At a minimum, Tier 1 Support will include those
activities that assist the user in resolving how-to
and operational questions as well as questions on
installation and troubleshooting procedures.
4. Tier 1 Support anaiysts will be the initial points
ofcontact for all questions and Incidents. Tier I
Support analysts shall obtain a full description of
each reported Incident and the system
configuration from the user. This may include
obtaining any customizations, code samples, or
data involved in the Incident. The analyst may
also use any other information and databases that
may be developed to satisfactorily resolve
Incidents.
5. If the Tier 1 Help Desk cannot resolve the
Incident, an authorized Tier I Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk shall provide support in such a
way as to minimize repeat calls and make
solutions to problems available to Licensee.
6. Tier 1 Help Desk individuals identified by
Licensee are the only individuals authorized to
contact Tier 2 Support. Licensee may revise
named individuals by written notice.
Tier 2 Support Provided by Esri or lts Authorized
Distributor
l. Tier 2 Support shall log the calls received from
Tier 1 Help Desk individuals.
2. Tier 2 Support shall review all information
collected by and received from Tier I Help Desk
individuals including preliminary documented
troubleshooting provided by Tier 1 Help Desk
when Tier 2 Support is required.
3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or answers
to additional questions to supplement any
preliminary information gathering or
troubleshooting performed by Tier 1 Help Desk.
b.
E2l4-3 (Level 3)Page 4 of6 06/19/2014
155
4. Tier 2 Support shall attempt to resolve the
Incidents submitted by Tier 1 Help Desk by
assisting Tier I Help Desk individuals.
5. When the Incident is resolved, Tier 2 Support
shall communicate the information to Tier 1
Help Desk individuals, and Tier I Help Desk
shall disseminate the resolution to the user.
6.0-ENoORSENIENT Ai\.D PTIBLICITY
This ELA shall not be construed or interpreted as an
exclusive dealings agreement or Licensee's endorsement
of Esri or its Authorized Distributor. Licensee agrees that
Esri and its Authorized Distributor may publicize the
existence ofthis ELA upon execution.
7.0-AnmINrsrRATrvE Rnqutnrm aNts
7.1 OEM Licenses. Under Esri's OEM or Solution OEM
programs, OEM partners are authorized to embed or
bundle portions ofEsri products and services with
their application or service. OEM partners'business
model, licensing terms and conditions, and pricing
are independent ofthis ELA. Licensee shall not seek
any discount from the OEM partner or Esri based on
the availability of Enterprise Products under this
ELA. Licensee shall not decouple Esri products or
services from the OEM partners'application or
service.
7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days prior
to the expiration date of this ELA, Licensee shall
provide a written report detailing all Deployments to
either (a) Esri if Licensee is located in the USA or
(b) Authorized Distributor if Licensee is located
outside the USA. The report will be subject to audit.
7.3 Renewal. Any follow-on ELA will be offered in
accordance with then-current ELA pricing and
license terms and conditions.
8.&-OnonRING, AoutNlstR ttlvr
PRocnouRES, DELIvERY, AND
DnplovprrNr
8.1 Orders, Delivery, and Deployment
z. Licensee shall issue an Ordering Document upon
execution ofthis ELA and annually thereafter in
accordance with the ELA Quotation. Payment shall
be due and payable within thirty (30) calendar days
of the anniversary date of the Effective Date, with the
initial payment due within thirty (30) calendar days
of execution of this ELA. Esri's Federal ID Number
is 95-277 5-732.
b. Upon receipt of the initial Ordering Document from
Licensee, Esri shall authorize download ofthe
Enterprise Products to Licensee for its Deployment
activities. If requested, Esri will ship backup media to
the ship-to address identified on the Order, FOB
Destination, with shipping charges prepaid. For those
entities that avoid sales tax by downloading
deliverables, request for delivery or receipt of
tangible media may cause license fees to be subject to
taxes. Licensee acknowledges that should such taxes
become due, Esri has a right to invoice and Licensee
agrees to pay any such sales or use tax associated
with its receipt of tangible media.
c. Esri shall provide Authorization Codes to activate the
nondestructive copy protection program that enables
the Enterprise Products to operate.
d. Licensee shall Deploy, install, configure, and track
the Deployment status of the Enterprise Products.
8.2 Order Requirements
a. All orders pertaining to this ELA shall be processed
through Licensee's centralized point of contact.
b. The following information shall be included in each
Order (or Ordering Document):
(1) Licensee name; Esri customer number, if known;
and bill+o and ship-to addresses
(2) Order number
(3) Applicable annual payment due
9.0-Tn+lNnlc
9.1 Training Description. Esri offers instructor-led
training related to the use ofits proprietary GIS
software. Esri will provide to Licensee a fixed
number of training days to use for Instructor-Led
Training, as defined in this Small Enterprise Training
Package, if purchased. Instructor-Led Training events
occur at an Esri Learning Center or via the web in a
cloud environment. The Esri software training
course(s) to be conducted, location, schedule dates,
and registration requirements are set forth in the Esri
Training catalog located on Esri's Training website
(http ://trainine.esri.com). A11 courses are conducted
in substantial conformity with course descriptions
outlined on the Esri Training website. Esri reserves
the right to modify course content when necessary
due to software technical capabilities or limitations.
E214-3 (Level 3)Page 5 of 6 06/t9t2014
156
9.2 Unique Terms for the Small Enterprise Training
Package
a. To order training, Licensee must include training
in the Ordering Document for the ELA or
provide an Ordering Document as required and
specified within the ELA that matches the Esri
quotation.
b. Where Licensee submits an additional Ordering
Document to purchase training days for
additional year(s), any unused training days will
automatically ro11 over.
c. An Ordering Document is required annually for
each three (3)-year term. Failure to submit an
annual Ordering Document will result in the
forfeit of unused training days.
d. Licensee must assign an individual within its
organization to the role ofTraining
Administrator to serve as liaison between
Licensee's organization and Esri as well as
internally manage and authorize allocated
training days.
e. The training days are available for a period of
twelve (12) months, commencing on the
Effective Date, and ending when all training
days are consumed, whichever is sooner.
f. Esri will invoice for outstanding training
expenses where applicable.
g. Training days are not transferable and not
refundable for any other Esri products or
services.
E2l4-3 (Level 3)Page 6 of6 0611912014
157
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE GITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING PURSUANT TO 2.
367(d), OF THE C|TY CODE, THE SOLE SOURCE PURCHASE OF
SOFTWARE UPDATES FOR GEOGRAPHIC INFORMATION SYSTEMS
(Grs) AND AUTHORTZTNG THE CrTy MANAGER AND ClTy CLERK TO
EXECUTE A SMALL MUNICIPAL AND COUNW GOVERNMENT
ENTERPRISE LICENSE AGREEMENT (ELA) WITH ENVIRONMENTAL
SYSTEMS RESEARCH TNSTITUTE, tNC. (ESRI) FOR A THREE (3) YEAR
PERIOD, AT AN ANNUAL COST OF $5O,OOO.
WHEREAS, pursuant to Section 2-367(d) of the City Code, the City Commission
may enter into contracts for goods and/or services where only one source for the products
or service is evident; and
WHEREAS, Environmental Systems Research lnstitute, lnc. (ESRI) is a sole source
provider for the maintenance updates required for the existing Geographic lnformation
System (GlS) system utilized by the City; and
WHEREAS, on March 14, 2007, the City Commission, via Resolution No. 2007-
26486, approved the purchase of a GIS site license from ESRI, in the amount of $101,204;
and
WHEREAS, on November 5, 2008, the City Commission, via Resolution No. 2008-
26937, approved an upgrade from the yearly maintenance agreement for the GIS software
from ESRI, to a three (3) year ESRI Small Municipal and County Enterprise License
Agreement (ELA), which expired on December 7,2011; and
WHEREAS, on October 19th, 2011, the City Commission, via Resolution No. 2011-
27772, approved a three (3) year ELA agreement for the GIS Software updates, from ESRI,
effective December 7 ,2011 through December 7, 2014, at an annual cost of $50.000; and
WHEREAS, the Administration recommends entering into a new three (3) year ELA
maintenance contract for GIS software updates from ESRI, at an annual cost of $50,000.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, approving pursuant to 2-
367(d), of the City Code, the sole source purchase of software updates for Geographic
lnformation Systems (GlS) and authorizing the City Manager and City Clerk to execute a
Small Municipal And County Government Enterprise License Agreement (ELA) With
Environmental Systems Research lnstitute, lnc. (ESRI) for a three (3) year period, at an
annual cost of $50,000.
PASSED AND ADOPTED this _day of ,2014.
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTIONRafael E. Granado, City Clerk
Philip Levine, Mayor
tu"%,h
citvArtornev4M!
ro/ts/rY
Dote
158
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159
Condensed Title:
Resolutions authorizing The MayorAnd City Clerk to execute the attached Joint Participation Agreements (JPA),
with the Florida Department Of Transportation (FDOT) forthe turf and landscape maintenance services on l-395
(MacArthur Causeway) and the Julia Tuttle Causeway at the combined annual amount of $282,774.20 to be
paid to the City Of Miami Beach by the FDOT; said Agreements commencing on November 1,2014 and
November 10,2014 respectively, and concluding in one (1) year, with an option to renewfortwo additional
on a vear-to-vear basis.
COMMISSION ITEM SUMMARY
lntended Outcome
To improve and maintain the cleanliness of Miami Beach rights of
Supporting Data (Surveys, Environmental Scan, etc.l: 2014 Miami Beach Community Satisfaction
Survey indicates 70o/o of residents and 74o/o of businesses rated the overall quality of the landscape
maintenance in riqhts of wav and oublic areas as excellent or
Item Summary/Recommendation :
ln July of 1994 the City Commission approved the initial Memorandums of Agreement (MOA) with the Florida
Department of Transportation (FDOT) to provide for the maintenance of landscaping along the MacArthur Julia
Tuttle Causeways. These Memorandums of Agreement have been renewed annually since that time. The
current agreement for the MacArthur Causeway expires on October 31,2014, and the current agreement forthe
Julia Tuttle Causeway expires on November 09,2014. The FDOT wants to enter into new Joint Participation
Agreements (JPAs) for a one year period, commencing on November 1, 2014, and November 10,2014
respectively, with an option for renewal for two additional years, on a year to year basis. Under the terms of
these Agreements, the City of Miami Beach will receive the combined sum of $282,774.20 ayear payable in the
amount of $70,693.55 quarterly, for a total of $848,322.60 during the time period for these Joint Participation
Agreements.
For the past several years, the City has utilized the services of a private landscape maintenance company to
provide the required work included in these Agreements. The Julia Tuttle and MacArthur Causeways are
maintained by the same city managed contractor and the annual compensation from FDOT pays for the total
cost of the landscape maintenance agreement, as well as the City's staff time required for supervision of these
areas.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Financia! !nformation :
OBP!
$282,774.20
Annual revenues
Greenspace Management Revenue
Account No. 011-8000-369404 to
receive the funds
Eric Carpenter, Public Works Director
Department Director Assistant City ffig$pr City Man4!|r
,r,/l/l ,,ec JMTq()JLM Afl
T:\AGENDA\2014\October\PUBLIC WORKS\FDOT McArthur & Tuttle JPAs - Summary.doc
^ rr ^ ^ llr1F a A. r AGENDAIT l, I c7N
D^rE p -de- /c{MIAMIBEACH
160
MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
October 22,2014
l. A RESoLUTToN oF THE OR AND CITY COMMISSION OF THE CITY OF
TO:
FROM:
DATE:
SUBJECT:
UIIAUI BEACH, FLORIDA,RIZING THE MAYOR AND CIry CLERK TO
EXECUTE THE ATTACHED JOINT PARTTCTPATION AGREEMENT (JpA) WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE TURF
AND LANDSCAPE MATNTENANCE SERVTCES ON t-395 (MACARTHUR
CAUSEWAY), FROM THE EAST SIDE OF WATSON ISLAND TO THE WEST SIDE
OF EAST CHANNEL BRIDGE, AT AN ANNUAL COST OF $22,774.20 TO BE PAID
TO THE CITY BY FDOT; SAID AGREEMENT COMMENCING ON NOVEMBER 1,
2014, AND CONCLUDING ON OCTOBER 31 ,2015, WITH AN OPTION TO RENEW
FOR TWO ADDITIONAL YEARS, ON A YEAR.TO.YEAR BASIS.
Z. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY GLERK TO
EXECUTE THE ATTACHED JOrNT PARTICIPATION AGREEMENT (JpA) W|TH
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE TURF
AND LANDSCAPE MAINTENANCE SERVTCES ON r-195 (JULTA TUTTLE
CAUSEWAY), FROM THE EAST OF THE INTRACOASTAL BRIDGE TO ALTON
ROAD, AT AN ANNUAL GOST OF $260,000 TO BE PAID TO THE CITY BY FDOT;
SAID AGREEMENT COMMENCING ON NOVEMBER 10, 2014, AND CONCLUDING
ON NOVEMBER 9,2015, WITH AN OPTION TO RENEW FOR TWO ADDITIONAL
YEARS, ON A YEAR.TO.YEAR BASIS.
ADMINISTRATION RECOMMENDATION
Adopt the resolutions.
KEY INTENDED OUTCOME SUPPORTED
To lmprove and maintain the cleanliness of Miami Beach rights of way.
BAGKGROUND
ln July of 1994 the City Commission approved the initial Memorandums of Agreement (MOA)
with the Florida Department of Transportation (FDOT) to provide for maintenance of
landscaping along the MacArthur Causeway, specifically from the east end of Watson lsland to
the western edge of Alton Road and the Julia Tuttle Causeway, specifically from the east end of
the westernmost bridge to Alton Road. Both of these Memorandums of Agreement have been
renewed annually since that time.
161
Approving the Mac Arthur & Julia Tuttle JPA's with FDOT
October 22, 2014
City Commission Meeting
Page 2 of 2
The current agreement for the MacArthur Causeway expires on Octobet 31,2014. The FDOT
has expressed a desire to enter into a new Joint Participation Agreement (JPA) for a one year
period, commencing on November 1, 2014, and concluding on October 31,2015, with an option
for renewal for two additional years, on a year to year basis.
Additionally, the current agreement for the Julia Tuttle Causeway expires on November 9,2014.
The FDOT has expressed a desire to enter into a new Joint Participation Agreement (JPA) for a
one year period, commencing on November 10, 2014 and concluding on November 9, 2015,
with an option for renewal for two years, on a year to year basis.
ANALYSIS
Under the terms of these Agreements, the City of Miami Beach will receive the combined sum of
$282,774 a year payable in the amount of 970,694 quarterly, for a total of $848,323 during the
time period for these Joint Participation Agreements.
For the past several years, the City has utilized the services of a private landscape maintenance
company to provide the required work within the scope of services included in these
Agreements. The Julia Tuttle and MacArthur Causeways are maintained by the same city
managed contractor and the annual compensation from FDOT pays for the total cost of the
landscape maintenance agreement as well as the City's staff time required for supervision of
these areas collectively. Maintenance for the MacArthur is greater than the reimbursement but
the maintenance of the Tuttle is less than the reimbursement for a net positive amount;
however, this does not include plant replacement.
The Public Works Department employs a Contract Manager who is responsible for monitoring
the work of the landscape maintenance contractor on a regular basis to ensure specifications
are complied with and the landscape materials are properly maintained. Any deviations from
the contract are noted in writing to the contractor and payment withheld until resolved.
CONCLUSION
To ensure the MacArthur and Julia Tuttle Causeway landscaping continues to be maintained at
the high standards set by the City of Miami Beach, and to receive the annual funding of
$282,774 from FDOT that is necessary to support these maintenance standards, the
Administration recommends the approval of the attached resolutions, the MacArthur Causeway
201412015 Joint Participation Agreement and the Julia Tuttle Causeway 201412015 Joint
Participation Agreement as attached.
,r*,r*r,fi**
T:\AGENDA\2014\October\PUBLIC WORKS\FDOT JPA MacArthur & Julia Tuttle JPAs - Memo.doc
162
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEAGH, FLORIDA, APPROVING AND AUTHORIZING THE MAYORAND
GITY GLERK TO EXECUTE A JOINT PARTTCTPATION AGREEMENT (JPA)
wtTH THE FLORTDA DEPARTMENT OF TRANSPORTATTON (FDOT) FORTHE
TURF AND LANDSCAPE MAINTENANCE SERVICES ON t-395 (MACARTHUR
CAUSEWAY), FROM THE EAST SIDE OF WATSON ISLAND, TO THE WEST
SIDE OF EAST CHANNEL BRIDGE, ATAN ANNUAL COST OF $22,774.20, TO
BE PAID TO THE CITY BY FDOT; SAID AGREEMENT COMMENCING ON
NOVEMBER 1,2014, AND CONCLUDING ON OCTOBER 31 ,2015, WITH AN
oPTroN TO RENEW FOR TWO (2) ADDTflONAL YEARS.
WHEREAS, on July 13, 1994, the Mayor and City Commission adopted Resolution No. 94-
21209, approving a Memorandum of Agreement with the Florida Department of Transportation
(FDOT) to provide for maintenance of landscaping along lnterstate-39S (MacArthur Causeway);
specifically, from the east side of Watson lsland, to the west side of East Channel Bridge (the
Agreement); and
WHEREAS, since July 13, 1994, the Agreement with the City has been renewed annually,
and will expire on October 31,2014; and
WHEREAS, FDOT wishes to enter into a new Joint Participation Agreement (JPA) fora one
year period, commencing on November 1, 2014, and concluding on October 31, 2015, with an
option to renew for two (2) additional years; and
WHEREAS, under the terms of the JPA, the City will receive the sum of $22,774.20 ayear
from FDOT, payable quarterly in the amount of $5,693.55.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE GITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and
authorize the Mayor and City Clerk to execute a Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT), for the turf and landscape maintenance services on l-395
(MacArthur Causeway), from the east side of Watson lsland, to the west side of East Channel
Bridge, at an annual cost of $22,774.20, to be paid to the City by FDOT; said Agreement
commencing on November 1, 2014, and concluding on October 31,2015, with an option to renew
for two (2) additional years.
PASSED and ADOPTED this 22nd day of October,2014.
MAYOR
ATTEST:
CITY CLERK
T:\AGENDA\2014\OctobeAPUBLlC WORKS\FDOT JPA MacArthur - Resolution A.doc
APPROVED AS TO
FORM & LANGUAGE
& FORTXECUT|ON
Citv Afionev6rtr1
f-1o(t+(&
163
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEAGH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
GITY CLERK TO EXECUTE A JOrNT PARTTCTPATTON AGREEMENT (JPA) WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE TURF
AND LANDSCAPE MATNTENANCE SERVTCES ON r-195 (JULTA TUTTLE
CAUSEWAY), FROM THE EAST SIDE OF THE INTRAGOASTAL WATERWAY,
TO THE EASTERNMOST EDGE OF ALTON ROAD, AT AN ANNUAL COST OF
$260,000, TO BE PAID TO THE CITY BY FDOT; SAID AGREEMENT
COMMENCING ON NOVEMBER 10, 2014, AND CONCLUDING ON NOVEMBER
9, 2015, W|TH AN OPTTON TO RENEW FOR TWO (2) ADDTTTONAL YEARS.
WHEREAS, on July 13, 1994, the Mayor and City Commission adopted Resolution No. 94-
21210, approving a Memorandum of Agreement with the Florida Department of Transportation
(FDOT) to provide for maintenance of landscaping along lnterstate-195 Julia Tuttle Causeway);
specifically, from the east side of the lntracoastalWaterway, to the easternmost edge of Alton Road,
(the Agreement); and
WHEREAS, since July 13, 1994, the Agreement has been renewed annually, and will expire
on November 9, 2014; and
WHEREAS, FDOT wishes to enter into a new Joint Participation Agreement (JPA) for a one
year period, commencing on November 10,2014, and concluding on November 9,2015, with an
option to renew for two (2) additional years; and
WHEREAS, under the terms of the JPA, the City will receive the sum of $260,000 a year
from FDOT, payable quarterly in the amount of $65,000.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and
authorize the Mayor and City Clerk to execute a Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) for the turf and landscape maintenance services on l-195
(Julia Tuttle Causeway), from the east of the lntracoastal Waterway, to the easternmost edge of
Alton Road, at an annual cost of $260,000, to be paid to the City by FDOT; said agreement
commencing on November 10, 2014, and concluding on November9,2015,with an option to renew
for two (2) additional years.
PASSED and ADOPTED this 22nd day of October,2014.
MAYOR
ATTEST:
CITY CLERK
T:\AGENDA\2014\October\PuBLIC WORKS\FDOT JPA JuliaTuttle - Resolution B.doc AppROVED AS TO
FORM & LANGUAGE
& FOR EXECUTIONa),d<r-p-L -!:!l r+-ffi
164
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165
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach Florida Retroactively Approving
and Authorizing the City Manager to lssue a Certification of Consistency with the City's FY 2013-2017
Consolidated Plan to the Miami-Dade County Homeless Trust for lts Application for Funding From the
of U.S.of Housins and Urban
Supporting Data (Surveys, Environmental Scan, etc.):
N/A
Item Summary/Recommendation :
The Continuum of Care (CoC), for which the Miami-Dade County Homeless Trust serves as the lead
agency in the county, is designed to: promote a community-wide commitment to the goal of ending
homelessness and provide funding for these efforts. Funding for the CoC is partially derived from the
U.S. Department of Housing and Urban Development's (HUD) SuperNOFA (Notice of Funding
Availability) process. ln order to receive funding, the Homeless Trust must obtain a CerTffication of
Consistency with the City's Consolidated Plan.
The Certification ensures that the proposed activities supported with HUD funds are consistent with
the City's Plan, and that the location of the proposed activity is consistent with the geographic areas
specified in the Plan. The City must provide the reasons for any denial when it fails to provide a
Certification of Consistency. The City obtained the Trust's request for the Certification on October 10'"
for issuance on October 14tn. The City Manager executed the Certification to enable the Trust to
submit its request for funding to HUD.
The Miami-Dade County Homeless Trust requested the Certification for the following activities: the
City's Homeless Outreach Services; Carffour Supportive Housing's Supportive Housing (48 units);
Carrfour Supportive Housing's Supportive Housing (24 units); Douglas Gardens Community Mental
Health Center's Extra Help Shelter + Care Program; Douglas Gardens Community Mental Health
Center's Successful lnvestments Program; Douglas Gardens Community Mental Health Center's
Mayfair Residence; Douglas Gardens Community Mental Health Center's Another Chance Program;
Douglas Gardens Community Mental Health Center's My Choice Program; and Douglas Gardens
Community Mental Health Center's Starting Again Program.
Administration Recommendation - Approve the Resolution
Financial I nformation:
Source of
Funds:
Amount Account
1 N/A
2
3
OBPI Total
Financial lmpact Summary: No City funds are required for this item.
Maria Rui/ Office of Housing & Community Services
Clerk's Office lative Tracki
a#uor t:rEM C7 0
Department Director Assistant City Manager nlQjfi Manager
MLR ( I.J--KGB rLMl )ll_
MIAMIBEACH o*rE lo'el-/q166
@ MIAMIBEACH
Ciiy of Miomi Beoch, I700 Convention Cenler Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Philip Levine and Members of the City fiorrnirrion ( ,
FRoM: Jimmy L. Morales, City Manager fF.\..t F
DATE: October 22,2014
sUBJECT: A RESoLUTtoN oF THE MAYoR AUD clw coMMlSSloN oF THE clTY oF
MIAMI BEACH, FLORIDA, APPROVING RT{O AUTHORIZING THE CITY MANAGER
TO ISSUE A CERTIFICATION OF CONSISTENCY WITH THE CITY'S FY 2013.2017
CONSOLTDATED PLAN TO THE MIAMI.DADE COUNTY HOMELESS TRUST
(TRUST) FOR THEIR APPLICATION OF FUNDING THROUGH THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT',S (HUD) NOTICE OF
FUNDTNG AVAILABILITY (NOFA) FOR THE CONTINUUM OF CARE (GoC)
PROGRAM. FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
SUBSEQUENT CERTIFICATIONS OF CONSISTENCY WITH THE CITY'S
CONSOLIDATED PLAN FOR RENEWAL AND NEW APPLICATIONS OF FUNDING
FOR THE GITY'S HOMELESS SERVICES PROGRAM AND FOR CARRFOUR
SUPPORTTVE HOUSING, INC. AND DOUGLAS GARDENS COMMUNITY MENTAL
HEALTH CENTER OF MIAMI BEAGH, INC., TO CONTINUE PROVIDING
OUTREACH, HOUSING AND SUPPORTIVE SERVICES TO HOMELESS PERSONS
IN MIAMI BEACH.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City's Homeless Outreach Team provides street outreach and engagement services to our
community's homeless as well as shelter placement, referral services, identification document
replacement services, employment assistance and family reunification.
The Continuum of Care (CoC), for which the Miami-Dade County Homeless Trust serves as the
lead agency in the county, is designed to: promote a community-wide commitment to the goal of
ending homelessness; provide funding for efforts by nonprofit providers, States, and local
governments to quickly re-house the homeless while minimizing the trauma and dislocation
caused by homelessness; promote access to and effective utilization of mainstream programs
by the homeless; and optimize self-sufficiency among those experiencing homelessness.
Funding for the CoC is partially derived from the U.S. Department of Housing and Urban
Development's (HUD) SuperNOFA (Notice of Funding Availability) process. The City has
received $60,946 for outreach services and $2,133 for administrative overhead since 2003. The
County receives the balance of the administrative overhead allocated ($2,teS1.
ANALYSIS
HUD requires that applicants for funding obtain and submit a Certification of Consistency with
the Consolidated Ptan (Certification) from the entitlement jurisdiction where the funded activity is
to be located. The Plan is a five-year planning document required by HUD whereby an
entitlement community, through a collaborative process, establishes a unified vision for
community development and housing activities.
167
October 22,2014
Certification of Consistency
Page 2
The Consolidated Plan offers local jurisdictions the opportunity to shape the various housing
and community development programs into effective, coordinated neighborhood and community
development strategies. The Plan is also the means to meet the application requirements for
HUD's CDBG, HOME and Homeless programs. The City Commission adopted its Plan on June
5,2013. This Plan is in effect through September 30,2017.
The Certification ensures that the proposed activities supported with HUD funds are consistent
with the City's Plan, and that the location of the proposed activity is consistent with the
geographic areas specified in the Plan. The City must provide the reasons for any denial when
it fails to provide a Certification of Consistency.
The Miami-Dade County Homeless Trust, as the lead applicant for homeless funding via the
HUD SuperNOFA process requested a Certification of Consistency with the City's Consolidated
Plan as part of its application process for the following activities:
CONCLUSION
The Administration recommends approving and authorizing the City Manager to issue a
Certification of Consistency with the City's FY 2013-2017 Consolidated Plan to the Miami-Dade
County Homeless Trust for housing and outreach activities conducted in our City by Carrfour
Supportive Housing, Douglas Gardens Community Mental Health Center and the City's
Homeless Outreach Office.
JM/KGB/MLRY
T:\AGENDA\2O14\October\Housing & Community Services\Ceffficate of Consistency Memo 10222014
of Miami Beach
Gardens Community Mental Health Ctr.Extra Helo - Shelter + Care Proqram
Gardens Community Mental Health Ctr.
Gardens Communitu Mental Health Ctr.
Gardens Communitv Mental Health Ctr.
Gardens Communitv Mental Health Ctr.
Gardens Communitv Mental Health Ctr.
168
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING AND AUTHORIZING
THE CITY MANAGER TO ISSUE A CERTIFICATION OF CONSISTENCY WITH THE
CITY'S FY 2013-2017 CONSOLIDATED PLAN TO THE MIAMI.DADE COUNTY
HOMELESS TRUST (TRUST) FOR THErR APPLICATION OF FUNDING THROUGH
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S (HUD)
NOTtcE OF FUNDTNG AVATLABTLTTY (NOFA) FOR THE CONTINUUM OF CARE
(cOC) PROGRAM; FURTHER AUTHORIZING THE clry MANAGER TO EXEGUTE
ANY SUBSEQUENT CERTIFICATIONS OF GONSISTENCY WITH THE CITY'S
CONSOLIDATED PLAN FOR RENEWAL AND NEW APPLICATIONS OF FUNDING
FOR: THE CITY,S HOMELESS SERVICES PROGRAM; GARRFOUR SUPPORTIVE
HOUSING, !NG.; AND DOUGLAS GARDENS COMMUNITY MENTAL HEALTH
CENTER OF MIAMI BEAGH, ING., TO CONTINUE PROVIDING OUTREACH,
HOUSING AND SUPPORTIVE SERVIGES TO HOMELESS PERSONS IN MIAMI
BEACH.
WHEREAS, on June 5,2013, the Mayor and City Commission adopted the City
of Miami Beach Consolidated Plan for Fiscal Years 2013 through 2017 (Consolidated
Plan); and
WHEREAS, the Miami-Dade County Homeless Trust (Trust) issued a Request
for Applications for inclusion in the application to be submitted by the Miami-Dade
County Continuum of Care for the 2014 USHUD Notice of Funding Availability (NOFA)
for the Continuum of Care Program Competition; and
WHEREAS, US HUD requires applicants to submit a Certification of Consistency
with the Consolidated Plan from the entitlement jurisdiction where the proposed activity
is located; and
WHEREAS, the City of Miami Beach is applying for funding for its homeless
outreach initiatives; Carrfour Supportive Housing is seeking funding to continue its
housing services at Harding Village, an affordable housing project; and Douglas
Gardens Community Health Center of Miami Beach, !nc. is seeking continuation funding
for the following supportive housing projects: Extra Help, Healthy Choice, Successful
lnvestments, Mayfair Residence, Another Chance, My Choice, and Starting Again
(collectively, Proposed Projects); and
WHEREAS, the Miami-Dade County Homeless Trust submitted its request for a
Certification of Consistency on behalf of these Proposed Projects on October 10,2014
and is requiring its execution by October 14,2014 in order to meet the HUD submission
deadline; and
WHEREAS, in order to meet secure the opportunity for these funding sources,
on October 10,2014 the Administration submitted the Certification of Consistency to the
Miami-Dade County Homeless Trust as part of its funding application to HUD for award
169
of funds for the Proposed Projects.
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 retroactively approve and authorize the City Manager to issue a
Certification of Consistency with the City's FY 2013-2017 Consolidated Plan to the
Miami-Dade County Homeless Trust for their application of funding through the U.S.
Department of Housing and Urban Development's (HUD) Notice of Funding Availability
for the Continuum of Care Program; further authorize the City Manager to execute any
subsequent Certification of Consistency for renewal and new applications of funding for:
the City's Homeless Services Program; Carrfour Supportive Housing, lnc.; and Douglas
Gardens Community Mental Health Center of Miami Beach, lnc., to continue providing outreach,
housing and supportive services to homeless persons in Miami Beach.
PASSED AND ADOPTED this _day of 2014.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK PHILIP LEVINE, MAYOR
APPROVED AS TO
rONU & LANGUAGE
& FOR EXECUTION
/d;",/f
-
170
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171
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor and City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The Neighborhood/Community Affairs Committee And Setting A Public Hearing
For The Co-Desionation Of 21$ Street As "Collins Park South" And 22"o Street As "Collins Park North"
At its June 18, 2013 meeting, the Collins Park Neighborhood Association (CPNA) passed a motion
proposing the co-designation of 21st Street and 22nd Street between Washington Avenue and Miami
Beach Drive as "Collins Park South" and "Collins Park North", respectively. At the October 28.2013
meeting, the Neighborhood/Community Affairs Committee (NCAC) discussed the CPNA request. The
Committee passed a motion directing the Administration to develop specific language and guidelines
pertaining to the co-naming of streets and to bring the item to City Commission for consideration of a
potential amendment to the City Code.
At the December 11,2013 Commission meeting, the Commission approved Resolution20lS-28429,
accepting the recommendation of the NCAC, that the Administration develop criteria for the co-naming
of streets. Based on this motion, various modifications to Article Vl of Chapter 22 o'f the City Code
(Naming of Public Facilities and Establishments of Monuments or Memorials) were approved on first
and second reading at the May 21,2014 and June 11,2014 City Commission meetings, respectively.
Staff has determined that this co-naming request meets the criteria set forth in Ordinance No. 2014-
3875. Given that 21st Street is currently co-named as Jos6 Marti Street along a portion of the
requested co-designation, further discussion with the County is required to determine if an additional
co-designation for this corridor would be possible or if the existing co-designation would need to be
rescinded by City Commission Resolution for a new co-designation to be approved.
At the September 24, 2014 NCAC, the Committee discussed and approved the CPNA request for co-
designation of the two aforementioned streets.
This item is being presented to City Commission for acceptance of the recommendation of the NCAC
and to set a public hearing for November 19,2014 to discuss the co-designation of 21st Street and
22nd Street as "Collins Park South" and "Collins Park North", respectively.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION
Maximize The Miami Beach Brand As A World Class Destination
Supporting Data (Surveys, Environmental Scan, etc
N/A
Item Su mmary/Recommendation :
At the September 24,2014 Neighborhood/Community Affairs Committee meeting, the NCAC passed
a motion approving the co-naming.
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBP!Total
Financial lmpact Summary:
N/A.
Glerk's Office
Jose R. Gonzalez P.E. Ext.6768
T:\AGE N DA\20 1 4\October\A Resolution of the NCAC and Setting a Public
Designation of 21st Street as Collins Park South and 22nd Street Collins Park North SUMM.docx
AGEIIIDA trEM C1 PfiAIAMIBTACHE^rE lo+2-/ q172
MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33.l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
City
DATE: October 22,2014
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNIW AFFAIRS COMMITTEE AND SETTING A PUBLIC
HEARING FOR THE CO.DESIGNATION OF 21ST STREET AS "COLLINS PARK
SOUTH" AND 22nd STREET AS "COLLINS PARK NORTH."
The co-naming of 21't Street and 22nd Street as Collins Park North and Collins Park South
respectively was discussed and approved at the Neighborhood/Community Affairs Committee
(NCAC) on September 24, 2014. This item is being presented to City Commission to approve a
resolution accepting the NCAC recommendation and to set a public hearing as per the
procedure identified in Ordinance 2014-3875.
BACKGROUND
At its June 18,2013 meeting, the Collins Park Neighborhood Association (CPNA) passed a
motion proposing the co-designation of 21"1Street and 22nd Street between Washington Avenue
and Miami Beach Drive as "Collins Park South" and "Collins Park North", respectively. Since
22nd Street terminates into Washington Court, co-designation of Washington Court from
Washington Avenue to 22"d Street would also be required to effectuate this request (Attachment
A). The CPNA is requesting this co-designation in preparation for the 100th anniversary of
Collins Park and to give more recognition and exposure to the neighborhood. At the time, the
CPNA submitted the request to the City via the Mayor's office (Attachment B).
At the Neighborhood/Community Affairs Committee (NCAC) meeting on October 28,2013, the
NCAC discussed the request from the CPNA. lt is worth noting that 21st Street is currently co-
designated as Jos6 Marti Street. This co-designation was approved by the City Commission in
1994 via Resolution No. 94-21216. Subsequently, Article Vl Section 82-503 of the City code
was amended to only allow for co-designation of streets in honor of Miami Beach police officers
who died or were killed in the line of duty. At the NCAC meeting, the Committee passed a
motion directing the Administration to develop specific language and guidelines pertaining to the
co-naming of streets and to bring the item to City Commission for consideration of a potential
amendment to the City Code.
At the December 11, 2013 Commission meeting, the Commission approved Resolution 2013-
28429, accepting the recommendation of the NCAC, that the Administration develop criteria for
the co-naming of streets. Based on this motion, various modifications to Article Vl of Chapter 22
of the City Code (Naming of Public Facilities and Establishments of Monuments or Memorials)
were approved on first and second reading at the May 21,2014 and June 11, 2014 City
TO:
173
Commis$on Memorandum -Co-Designation of 21s Sfreef as "Collins Park South" and 2/d Street "Cottins Park North"
October 22, 2014
Page 2 of 2
Commission meetings, respectively.
The new ordinance prescribes that whenever the co-naming of a street or portion thereof, within
the City of Miami Beach is requested, the co-naming shall first be considered by the NCAC
according to the following procedure:
. Any person, organization, association, corporation or other entity, including a member of
the City, may propose that a street be co-named, by submitting the proposed name in
writing to the NCAC. The proposal shall include minimum requirements as described in
the ordinance.. The NCAC will meet within a reasonable time after receipt of the request to review the
same. Notice of the meeting shall be given to the requesting party.. After review of the request, the NCAC will submit its recommendation to the City
Commission regarding the request. The NCAC's recommendation requires a simple
majority vote.. Within reasonable time, the Commission shall call a public hearing regarding the co-
naming and a Notice of Public Hearing shall be published at least ten (10) days prior to
the hearing in a newspaper of general circulation in the City.. Any request for co-naming approved by the City Commission must be approved by a
5/7ths vote.
For the co-naming of streets, the ordinance states that streets, or portions thereof, located in the
City may be co-named in honor of:
o Miami Beach police officers who died or were killed in the line of duty.o A public facility located on the street to be co-named.o A private not-for-profit organization with significant historic value to the City and
associated with structures that have significant historical value or architectural
significance to the City.. Geographic areas within the City.o A commercial establishment that has been in business in the City for 100 years or more
and which is located in the street to be co-named.
lf the co-naming is approved by 5/7ths vote of the City Commission, a copy of the resolution of
the City Commission recommending the co-designation would need to be submitted to the
County for approval by the Miami-Dade Board of County Commissioners and authorization for
new street signs to be manufactured and installed.
ANALYSIS
Staff has determined that this co-naming request meets the criteria set forth in Ordinance No.
2014-3875. Given that 21"1 Street is currently co-named as Jos6 Marti Street along a portion of
the requested co-designation, further discussion with the County is required to determine if an
additional co-designation for this corridor would be possible or if the existing co-designation
would need to be rescinded by City Commission Resolution for a new co-designation to be
approved.
174
Commission Memorandum -Co-Designation of 21d Sfreet as "Coltins Park South" and 21d Street "Cotlins Park North"
October 22, 2014
Page 3 of 3
CONCLUSION
This item is being presented to City Commission for acceptance of the recommendation of the
NCAC and to set a public hearing for the co-designation of 21't Street and 22nd Street as
"Collins Park South" and "Collins Park North" respectively.
Attachments:
A: Map of Proposed Co-Namingr B: CPNA Motion
ff,,8&r*,
T:\AGENDA\2014\October\A Resolution Accepting the Recommendation of the NCAC and Setting a Public Hearing for the Co-
Designation of 2'tst Street as Collins Park South and 22nd Street as Collins Park North..docx
175
Attachment A
i.( i
:1
176
Attachment B
Board Of Directors Meeting 7pm June 18,2013
!n Attendance:
Ray Breslin Shawn Vardi Candy Sundue for Nathan Lieberman
John Couriel Tim Nardi Prakash Kumar
Harvey Burstein Carolyn Klepser Megan Riley
Debi Quade Marc Philippe Jennifer Shipley
Absent:
Manny Meland Tim Wilcox Robin Malek
Guests:
3::::13111=========]f,:t=:g====================================
Minutes:
Harvey Burstein made a motion to approve May 21,2013 minutes with one change.
Seconded by Prakash Kumar. Unanimous approval.
Discussion was had regarding board positions and making adjustments based on board
members ability to participate in meetings. The following decisions were made.
Prakash Kumar made a motion for Jean Ortega and Megan Riley to share the board
position representing The Bass Museum. Harvey Burstein seconded. Unanimous
approval.
Debi Quade made a motion to replace Lindsay MacWilliam of Think Properties on the
CPNA board, with Shawn Vardi of Think Properties. Seconded by John Couriel.
Unanimous approval.
177
CPNA board thanks Lindsay MacWilliam for her contribution to the CPNA board.
page 2 of 3
Update Zaha Hadid parking garage located on 23rd St:
Commissioner Ed Tobin decided they needed a passive park on the rooftop. This issue
goes to The Neighborhoods Committee next week. The park will eliminate 80 parking
spaces. This will require maintenance costs for the park as well as lost parking spaces
revenue.
Also being discussed is the finish on the garage.
Will raw concrete be accepted? Will stucco be required? Stucco will add additional
maintenance costs every few years. To dye the concrete white and pressure wash
every few years will cost $2.5 million up front, but less cost to maintain later. Dyed
white can never be stuccoed, dyed white can never have any other surface.
The board decision was to put in writing our position and send to The Neighborhood
Committee as well as to commissioners, and the mayor.
CPNA recommends to keep the plans as the architect intended.
CPNA unanimously rejects the elimination of any parking and the inclusion of a park.
CPNA opposes stucco finish.
CPNA does not oppose concrete being integrally colored.
Update for Gollins Park ArtScape and start date:
Trademark name is Collins Park ArtScape. Initial trademark cost is $424 including
government fees. First year after filing the cost is $100 to the government for Statement
Of Use. Fifth year cost is $100 for continued use. Tenth year cost is $500 for
trademark renewal. www.Trademarks4l l.com 1-800-294-0285 is the company CPNA
used to process the trademark.
CPNA is responsible for monitoring these dates. We should expect a reminder from
Trademarks 411 as part of their service to us.
Shawn Vardi talked about the vision of this ArtScape and the ability to raise funds for
the arts. He has a team that will be working on a business plan. They will be meeting
with Ray Breslin, and Meghan Riley from the Bass Museum, to work on this plan.
The first Friday in October is the target date for Collins Park first ArtScape.
178
A CPNA Collins Park ArtScape committee was formed. Members are Shawn Vardi, Ray
Breslin, Meghan Riley, Tim Nardi, and Debi Quade.
Page 3 of 3
Update on CPNA map and promotional piece:
The map committee is Harvey Burstein, Debi Quade, and Ray Breslin. Carolyn Klepser
will proof read the final product. Harvey Burstein gave a committee report. Several
board members contributed suggestions. The map is still a work in progress.
Update for Taste of The Beach 2013:
Guest Deborah Diaz from The Beach Channel spoke of the plans to date for the event.
It will take place on the east side of Collins Park September 28 and 29. All vendors will
be from Miami Beach.
There will be a complimentary shuttle provided by Magic City Casinos.
Name change for 21st and 22nd Street:
Harvey Burstein made a motion to propose renaming 21st and 22nd Streets between
Miami Beach Drive and Washington Avenue to Collins Park South and Collins Park
North, and the official kick off celebration should be in conjunction with the 100th
anniversary of Collins Park in 2013, to give more visibility to the neighborhood.
Seconded by Carolyn Klepser. Unanimous approval.
CPNA will have to go through the process with the City of Miami Beach. Ray Breslin will
initiate this process by requesting a meeting with the Mayor of Miami Beach.
No new business:
Prakash Kumar made a motion to adjourn. John Couriel seconded. Unanimous
approval.
Meeting adjourned 8:30pm.
179
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE NEIGHBORHOOD/COMMUNIW AFFAIRS COMMITTEE AND SETTING
A PUBLIC HEARING FOR THE CO-DESIGNATION OF 21ST STREET AS
"COLLINS PARK SOUTH" AND 22nd STREET AS "COLLINS PARK
NORTH.''
WHEREAS, at the October 28, 2013 Neighborhood/Community Affairs Committee
(NCAC) meeting, the NCAC discussed a request from the Collins Park Neighborhood
Association regarding the co-designation of 21st Street and 22nd Street as Collins Park South
and Collins Park North, respectively; and
WHEREAS, 21't Street has been co-designated as Jose Marti Street since 1995; and
WHEREAS, at the NCAC meeting on October 28,2013, the Committee passed a motion
directing the Administration to develop specific language and guidelines pertaining to the co-
naming of streets and to bring the item to City Commission for consideration of a potential
amendment to the City Code; and
WHEREAS, at the December 11,2013 Commission meeting, the Commission approved
Resolution 2013-28429, accepting the recommendation of the NCAC, that the Administration
develop new criteria for the co-naming of streets; and
WHEREAS, based on this motion, various modifications to Article Vl of Chapter 22 of
the City Code (Naming of Public Facilities and Establishments of Monuments or Memorials)
were approved on first and second reading at the May 21,2014 and June 11,2014 City
Commission meetings, respectively; and
WHEREAS, at the September 24, 2014 NCAC meeting, the Committee approved the
co-designation moving fonryard through the process set forth in Ordinance 2014-3875.
WHEREAS, staff has determined that this co-naming request meets the criteria set forth
in Ordinance No. 2014-3875; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhood/Community Affairs
Committee and set a Public Hearing for November 19, 2014to discuss the co-designation of
21't Street as "Collins Park South" and 22nd Street as "Collins Park North."
PASSED and ADOPTED this
ATTEST:
day of October, 2014.
Philip Levine, Mayor APPROVED AS TO
FONU & LANGUAGE
Rafael E. Granado, City Clerk
T:\AGENDA\201 3\Decem berl 1 \Resolution
RESO.docx
io /r:/ty'
--Dote
Accepting Recommendation from NCAC
& FOR
of Streets
180
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181
COMMISSION ITEM SUMMARY
Condensed Title:
Club Wav."
A Resolution Of The Mayor and City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The Neighborhood/Community Affairs Committee And Setting A Public Hearing
For The Co-Designation Of 24th Street Between Pine Tree Drive And Flamingo Drive As "Women's
Item Summarv/Recommendation :
At the December 11,2013 Commission meeting, the Commission approved Resolution2013-28429,
accepting the recommendation of the NCAC, that the Administration develop criteria for the co-naming
of streets. Based on this motion, various modifications to Article Vl of Chapter 22 of the City Code
(Naming of Public Facilities and Establishments of Monuments or Memorials) were approved on first
and second reading at the May 21,2014 and June 11,2014 City Commission meetings, respectively.
Staff has determined that this co-naming request meets the criteria set forth in Ordinance No. 2014-
3875.
At the September 24,2014 NCAC meeting, the Committee passed a motion approving the request to
co-designate 24lh Street between Pine Tree Drive and Flamingo Drive as "Women's Club Way."
This item is being presented to City Commission for acceptance of the recommendation of the NCAC
and to set a public hearing for November 19, 2014 lo discuss the co-designation of 24th Street
between Pine Tree Drive and Flamingo Drive as "Women's Club Way."
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Maximize The Miami Beach Brand As A World Class Destination
Supporting Data (Surveys, Environmental Scan, etc
The co-naming of 24th Street between Pine Tree Drive and Flamingo Drive as "Women's Club Way''
was discussed and approved at the September 24, 2014 Neighborhood/Community Affairs
Financial Information :
Source of
Funds:
Amount Account
1
2
3
OBP!Total
Financial !mpact Summary:
N/A.
Glerk's Office
Jose R. Gonzalez P.E. Ext.6768
Department Director Assistant Cif[llanager City M nager
JRG _\76 KcB_ru/_JLrE A
t2014\October\A Resolution Accepting the Recommendation of the NCAC and Setting a Public
of 24th Street Between Pine Tree Drive and Flamingo Drive as Women's Club Way SUMM.do
ei
[.r
for the Co-T :\AGE N DA\20 1 4\October\A
Designation of 24th Street Bt
AGE}IDA ITEIT'c7 d,MIAMIBEACH D^rE l0')7-ry182
MIAMI BEACH
City of Miqmi Beqch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF
MtAMt BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NETGHBORHOOD/GOMMUNITY AFFAIRS COMMITTEE AND SETTING A PUBLIC
HEARING FOR THE CO.DESIGNATION OF 24TH STREET BETWEEN PINE TREE
DRIVE AND FLAMINGO DRIVE AS "WOMEN'S CLUB WAY.''
The co-naming of 24th Street between Pine Tree Drive and Flamingo Drive as "Women's Club
Way" was discussed and approved at the September 24, 2014 Neighborhood/Community
Affairs Committee (NCAC). This item is being presented to City Commission to approve a
resolution accepting the NCAC recommendation and to set a public hearing as per the
procedure in Ordinance 2014-3875.
BACKGROUND
At the December 11, 2013 Commission meeting, the Commission approved Resolution 2013-
28429, accepting the recommendation of the NCAC, that the Administration develop criteria for
the co-naming of streets. Based on this motion, various modifications to Article Vl of Chapter 22
of the City Code (Naming of Public Facilities and Establishments of Monuments or Memorials)
were approved on first and second reading at the May 21,2014 and June 11,2014 City
Commission meetings, respectively.
The new ordinance (Attachment C) prescribes that whenever the co-naming of a street or
portion thereof, within the City of Miami Beach is requested, the co-naming shall first be
considered by the NCAC according to the following procedure:
. Any person, organization, association, corporation or other entity, including a member of
the City, may propose that a street be co-named, by submitting the proposed name in
writing to the NCAC. The proposal shall include minimum requirements as described in
the ordinance.. The NCAC will meet within a reasonable time after receipt of the request to review the
same. Notice of the meeting shall be given to the requesting party.. After review of the request, the NCAC will submit its recommendation to the City
Commission regarding the request. The NCAC's recommendation requires a simple
majority vote.. Within reasonable time, the Commission shall call a public hearing regarding the co-
naming and a Notice of Public Hearing shall be published at least ten (10) days prior to
the hearing in a newspaper of general circulation in the City.
183
Commission Memorandum - Co-Designation of 24h Street Between Pine Tree Drive and Flamingo Drive as
Women's Club Way"
October 22, 2014
Page 2 of 2
. Any request for co-naming approved by the City Commission must be approved by a
5/7ths vote.
For the co-naming of streets, the ordinance states that streets, or portions thereof, located in the
City may be co-named in honor of:
. Miami Beach police officers who died or were killed in the line of duty.o A public facility located on the street to be co-named.o A private not-for-profit organization with significant historic value to the City and
associated with structures that have significant historical value or architectural
significance to the City.. Geographic areas within the City.. A commercial establishment that has been in business in the City for 100 years or more
and which is located in the street to be co-named.
lf the co-naming is approved by 5/7ths vote of the City Commission, a copy of the resolution of
the City Commission recommending the co-designation would need to be submitted to the
County for approval by the Miami-Dade Board of County Commissioners and authorization for
new street signs to be manufactured and installed.
At the September 24, 2014 NCAC meeting, the Committee passed a motion approving the
request to co-designate 24th Street between Pine Tree Drive and Flamingo Drive as "Women's
Club Way."
ANALYSIS
Staff has determined that this co-naming request meets the criteria set forth in Ordinance No.
2014-3875.
CONCLUSION
This item is being presented to City Commission for acceptance of the recommendation of the
NCAC and to set a public hearing for November 19, 2014 to discuss the co-designation of 24th
Street between Pine Tree Drive and Flamingo Drive as "Women's Club Way."
Attachments:
fu *i'"0
of ProPosed co-Namins
lrcB/JRG/JFD
T:\AGENDA\2014\October\A Resolution Accepting the Recommendation of the NCAC and Setting a Public Hearing for the Co-
Designation of 24th Street Between Pine Tree Drive and Flamingo Drive as Women's Club Way MEMO.docx
184
\*> o.)(^g\-)Rd+dEo+
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185
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE N EIGHBORHOOD/COMMU NITY AFFAI RS COMMITTEE AND SETTI NGA PUBLIC HEARING FOR THE CO.DESIGNATION OF 24TH STREET
BETWEEN PINE TREE DRIVE AND FLAMINGO DRIVE AS "MIAMI BEACH
WOMEN'S CLUB WAY.''
WHEREAS, at the December 11, 2013 Commission meeting, the Commission approved
Resolution 2013-28429, accepting the recommendation of the Neighborhood/Community Affairs
Committee (NCAC), that the Administration develop criteria for the co-naming of streets; and
WHEREAS, based on Resolution 2013-28429, various modifications to Article Vl of
Chapter 22 of the City Code (Naming of Public Facilities and Establishments of Monuments or
Memorials) were approved on first and second reading at the May 21, 2014 and June 11, 2014
City Commission meetings, respectively; and
WHEREAS, thereafter, at the September 24, 2014 NCAC meeting, the Committee
passed a motion approving the request to co-designate 24th Street between Pine Tree Drive
and Flamingo Drive as "Women's Club Way" and directed the Administration to proceed with the
process as set forth in Ordinance 2014-3875; and
WHEREAS, staff has determined that this co-designation request meets the criteria set
forth in Ordinance 2014-3875
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhood/Community Affairs
Committee and set a Public Hearing for November 19, 2014, to discuss the co-designation of
24th Street between Pine Tree Drive and Flamingo Drive as "Women's Club Way."
PASSED and ADOPTED this day of October, 2014.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk APPROVFD AS TO
ronu & LAt.i(.:ijAGE
& FOR EXECUTION
/oub/
186
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187
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing
The Administration To Negotiate Amendment No. 2 To The Contract Between The City And lnktel
Contact Center Solutions Llc (lnktel), Dated April 26, 2013; Said Amendment lncreasing The Scope Of
Services To lnclude Call Center Services For The Transportation Department, For An Amount Not To
Exceed $46,000 Annually; And Further Authorizing The City Manager And City Clerk To Execute
Amendment No. 2 Upon Conclusion Of Successful The Administration
Ensure that a universal culture of high quality customer service is driving the conduct of the City
Commission and all Citv emolovees.
Supporting Data (Surveys, EnvironmentalScan, etc According to the 2014 Miami Beach
Community Satisfaction Final Report, nearly half of residents (49%) claimed they would take the local
bus circulators. Additionally, in the same report, it was found that customer service ratings trended down
from 2012lo 2O14 with less percentage of residents giving City employees high marks for the ease of
finding someone to help (61%o) and overall satisfaction (62yo). About three in five residents (63%)
claimed that the Citv was ooen to
Item Summary/Recommendation :
On March 13, 2013, the City Commission passed and adopted a resolution authorizing the
Administration to enter into negotiations with lnktel pursuant to Request for Proposals (RFP) No: 022-
2013ME for an Offsite Call Center to receive calls for the Finance, Parking, Emergency Operations
Center (EOC) and other department as needed, and further authorizing the execution of a contract
with lnktel upon conclusion of negotiations.
On April 26,2013, the City entered into a contract with lnktelfor Citywide Call Center Service; with an
initial scope that included services for the Finance, Parking and Emergency Operations Center (EOC)
in an initial amount of $75,000 with an option to include other departments as needed. At this time, the
Administration is seeking to add the Transportation Department to the scope as provided for in the
above referenced RFP.
On April 30,2014, the City Commission approved the award of lnvitation to Bid (lTB) No.2014-154-
SR for North Beach Turnkey Trolley Operations and Maintenance Services to Limousines of South
Florida, lnc. (LSF). Following the award of the lTB, an Agreement between the City and LSF was
executed on May 8,2014. The North Beach Trolley is expected to begin service by October 31,2014.
The Administration anticipates that the new trolley service will attract a high volume of passengers as
has been experienced with other circulator routes that operate within the City; and thus a high number
of calls/information requests are expected to be received by the Transportation Department. To
ensure the constant provision of excellent customer service to the trolley passengers, the
Administration is seeking City Commission approval to include the Transportation Department in the
existing agreement with lnktel as provided for in RFP No:022-2013ME. This approval will increase the
existing scope to provide call center services to passengers wishing to obtain information regarding
the trolley service or other transportation-related information for which a script could be created by
staff and used to train lnkel reoresentati
Financial I nformation:
Source of
'.70''=ry FY 201 411 5: 1 06-6260-00031 2 Transportation Quality of Life
Future annual costs subject to annual budget appropriations
Financial
Jose R. Gonzalez, ext.6768
n-Offs:
Department Director Assistant Giphllrlanager City[tlanager
,*6 =x{c KGB //,TT?JLM_-t')
T:\AGEND\201 Department Sum.doc
AGENXA|TEM c 7R(s MIAMIBEACH ssTE l0'2)-lt[188
IX.t, .** 4.:
I-.-,
i'j :, . J:; :^.
L.*Jll
City of Miomi Beoch, I 700 Conveniion Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the City mtssron
FRoM: Jimmy L. Moroles, City Manager
DATE: October 22,2014
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ADMTNISTRATION TO NEGOTIATE AMENDMENT NO. 2 TO
THE CONTRACT BETWEEN THE CITY AND INKTEL
GoNTACT CENTER SOLUTIONS LLC (INKTEL), DATED
APRIL 26, 2013; SAID AMENDMENT INCREASING THE
SCOPE OF SERVICES TO INCLUDE CALL CENTER
SERVTCES FOR THE TRANSPORTATION DEPARTMENT,
FOR AN AMOUNT NOT TO EXCEED $46,000 ANNUALLY;
AND FURTHER AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE AMENDMENT NO. 2 UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
FUNDING
The Transportation Department has budgeted $46,000 in FY 201412015 for these
services. Future annual costs will be subject to annual budget appropriations.
KEY INTENDED OUTCOME SUPPORTED
Ensure that a universal culture of high quality customer service is driving the conduct of
the City Commission and all City employees.
ANALYSIS
On March 13, 2013, the City Commission passed and adopted a resolution authorizing
the Administration to enter into negotiations with lnktel pursuant to Request for
Proposals (RFP) No:022-2013ME for an Offsite Call Center to receive calls for the
Finance, Parking, Emergency Operations Center (EOC) and other department as
needed, and further authorizing the execution of a contract with lnktel upon conclusion of
negotiations.
On April 26,2013, the City entered into a contract with lnktel for Citywide Call Center
Service; with an initial scope that included services for the Finance, Parking and
Emergency Operations Center (EOC) in an initial amount of $75,000 with an option to
include other departments as needed. At this time, the Administration is seeking to add
the Transportation Department to the scope as provided for in the above referenced
RFP.
189
Commission Memorandum - Call Center Servlces for the Transportation Depaftment
October 22,2014
Page 2 of 2
On April 30,2014, the City Commission approved the award of lnvitation to Bid (lTB) No.
2014-154-SR for North Beach Turnkey Trolley Operations and Maintenance Services to
Limousines of South Florida, lnc. (LSF). Following the award of the lTB, an Agreement
between the City and LSF was executed on May 8, 2014. The North Beach Trolley is
expected to begin service by October 31,2014.
The Administration anticipates that the new trolley service will attract a high volume of
passengers as has been experienced with other circulator routes that operate within the
City; and thus a high number of calls/information requests are expected to be received
by the Transportation Department. To ensure the constant provision of excellent
customer service to the trolley passengers, the Administration is seeking City
Commission approval to include the Transportation Department in the existing
agreement with lnktel as provided for in RFP No: 022-2013ME. This approval will
increase the existing scope to provide call center services to passengers wishing to
obtain information regarding the trolley service or other transportation-related information
for which a script could be created by City staff and used to train lnkel representatives.
The amendment value of $46,000 per year is based on an estimated call volume of
15,000 calls per year, similar to levels experienced with the City of Miami Trolley. The
City will be invoiced based on actual calls incurred.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission authorize the
Administration to negotiate Amendment No. 2 to the contract between the City and lnktel
Contact Center Solutions LLC (lnktel), dated April 26, 2013; said Amendment increasing
the scope of services to include call center services for the Transportation Department,
for an amount not to exceed $46,000 annually; and further authorizing the City Manager
and City Clerk to execute Amendment No. 2 upon conclusion of successful negotiations
by the Administration.
JLM/KJB/JRGY}b
T:\AGEND\2014\OctobeACall Center Service for the Transportation Department.doc
190
RESOLUTION NO.:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE AMENDMENT NO. 2 TO THE
CONTRACT BETWEEN THE CITY AND INKTEL CONTACT
CENTER SOLUTIONS LLC (INKTEL), DATED APRIL 26,2013; SAID
AMENDMENT INCREASING THE SCOPE OF SERVICES TO
INCLUDE CALL CENTER SERVICES FOR THE TRANSPORTATION
DEPARTMENT, FOR AN AMOUNT NOT TO EXCEED $46,000
ANNUALLY; AND FURTHER AUTHORIZING THE CIry MANAGER
AND CIry CLERK TO EXECUTE AMENDMENT NO. 2 UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
WHEREAS, on March 13,2013, the City Commission passed and adopted resolution No.
2013-28156 authorizing the Administration to enter into negotiations with lnktel pursuant to
Request for Proposals (RFP) No:022-2013ME for an Offsite Call Center to receive calls for
the Finance, Parking, Emergency Operations Center (EOC) and other department as
needed; and
WHEREAS, on April 26,2013, the City entered into a contract with lnktel for Citywide Call
Center Service (lnktel Contract); with an initial scope that included services for the Finance,
Parking and Emergency Operations Center (EOC) in an initial amount of $75,000; and
WHEREAS, this contract does not include the Transportation Department within its initial
scope of work, however it allows for amendments to the same from time to time by written
agreement of both parties, lnktel and the City; and
WHEREAS, on January 15, 2014, the Mayor and City Commission approved resolution No.
2014-28448 increasing call center services for the scope of the lnktel Contract to include the
Building Department; and
WHEREAS, on April 30,2014, the City Commission approved the award of lnvitation to Bid
(lTB) No. 2014-154-SR for North Beach Turnkey Trolley Operations and Maintenance
Services to Limousines of South Florida, lnc. (LSF), and following the award of the lTB, an
Agreement between the City and LSF was executed on May 8, 2014; and
WHEREAS, the North Beach Trolley is expected to begin service by October 31,2014; and
WHEREAS, the Administration anticipates that the new trolley service will attract a high
volume of passengers and thus generate high number of calls/information requests that
would require a significant amount of staff resources; and
WHEREAS, to ensure the constant provision of excellent customer service to the trolley
passengers, the Administration is seeking City Commission approval to increase the scope
of services for the lnktel Contract to include call center services for the Transportation
Department; and
WHEREAS, the Administration has estimated the value of this increase in scope to be
$46,000 per year or less, based upon the estimated call volume of 15,000 calls per year,
similar to levels experienced by the City of Miami for its trolley service.
191
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
authorize the Administration to negotiate Amendment No. 2 to the Contract between the City
and lnktel Contact Center Solutions LLC (lnktel), dated April 26, 2013; said Amendment
increasing the scope of services to include call center services for the Transportation
Department, for an amount not to exceed $46,000 annually; and further authorize the City
Manager and City Clerk to execute Amendment No. 2 upon conclusion of successful
negotiations by the Administration.
PASSED and ADOPTED this 22nd day of October 2014.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
IF
T:\AGENDA\2014\October 22,2014 Call Center Services for Transportation Department - RESO.doc
192
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193
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution Approving A Settlement Agreement With INDA Association Of The Nonwoven Fabrics lndustry ln
Connection With The ldea 2016 Show ln An Amount Not To Exceed Two Hundred Seventy-Five Thousand
Dollars
Item Summary/Recommendation :
N/A
Supporting Data (Surveys, Environmental Scan, etc.) N/A
Global Spectrum immediately began working with all events to finalize an event schedule during the
Convention Center renovation. INDA Association of the Nonwoven Fabrics lndustry produces a show
triennially at the Miami Beach Convention Center including lDEA2016, an event that was contracted and
scheduled for April 5, 2016 to April 16, 2016. That event requires the use of all four exhibition halls of the
Miami Beach Convention Center during the term of their License Agreement. As you know, the planned
renovation and modernization of the MBCC is expected, during this period, to limit the availability of exhibition
hall space to approximately half that required for the successful execution of the event. As a result of the
renovations, the Licensor (INDA) and Licensee (City) mutually agree to terminate the Agreement.
INDA will incur costs associated with the termination of the license agreement and the relocation of the Event
to another facility and requested reimbursement of these costs. As a result, Global Spectrum, on behalf of the
City, negotiated the attached settlement agreement with INDA. The settlement is based on a fair accounting
for reimbursement of expenses from the Miami Beach Convention Center to INDA. The largest variances in
what Global proposed versus what INDA requested are in the areas of "consulting services", "travel", and
"creative services". With regard to "consulting services", Global's calculation is based on 50% of the total cost
of consulting already expended in this category as we believe that there will be sustained value based on
leads, contacts, and commitments already in the pipeline based on their previous efforts. We recognize that
INDA will have more work to do based on the change in venue, but there is a residual value to the work
already performed. Similarly, we see the costs associated with travel to the show in Geneva as a cost that
would have been incurred by INDA regardless of the change in venue. And with reimbursement of the costs to
replace the marketing materials to be used to promote Boston, the leads generated with this travel have
substantial residual value. We believe the "creative services" that are contemplated within the $75,000
allowance to promote Boston will replace the materials that had been previously produced to promote the
2016 event in Miami Beach. We proposed that the "exhibit booth" reimbursement should be adjusted to reflect
a change in graphics to allow for the Boston branding, but that the structure itself has some value that is not
lost. We have also made adjustments to the future "legal fees" and "travel fees" as we would expect that there
would be professional fees and site visit expenses as a normal expense incurred in the execution of the event.
Global and INDA negotiated the below items several times and, with the interest in concluding negotiations in
a successful resolution that would also lead to our continued business relationship in the future both parties
agreed to a final settlement of $275,000. The settlement includes a termination of the License Agreement and
full release of any and all claims each has, may have or may ever have had against the other under, or with
respect to, the License Agreement or the termination thereof. lt also includes, subject to the availability of
space in the Center, the return of IDEA to the Miami Beach Convention Center in 2019 and in 2022 on
mutually agreeable dates at approximately the same time of year as previously held at the Center.
The Administration recommends the Citv Commission the attached Resolution.
Financia! !nformation:
Financial !mpact Summary:
Clerk's Office
Max Sklar, ext. 6116
a
-
AGENDA IT c7sMIAMIBEACHD^re /o'22-/q194
E MIAMIBEACH
Clty ol Mloml Beqch. 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
CO MISSION MEMORANDUM
TO:Mayor Philip Levine and Members City Co
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
MIAMI BEACH, FLORIDA, APPROVING A SETTLEMENT AGREEMENT WITH
INDA ASSOCIATION OF THE NONWOVEN FABRICS INDUSTRY IN GONNEGTION
WITH THE IDEA 2016 SHOW IN AN AMOUNT NOT TO EXCEED TWO HUNDRED
SEVENTY.FlVE THOUSAND DOLLARS ($275,000).
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the attached resolution.
BACKGROUND
On April 9, 2014, Request for Qualifications No. 2014-142ME for the Design Criteria
Professional (DCP) services for the Miami Beach Convention Center Renovation was awarded
to Fentress Architects. The construction schedule and booking event calendar both play an
integral part in expediting construction while also driving business to the destination.
The majority of the construction impact on events is anticipated to occurin2016 and 2017.To
begin planning the design and construction of the Convention Center, a policy needed to be
established determining which events the City will make efforts to accommodate within the
project construction schedule, and which events may be accommodated only if the construction
schedule permits. On April 9,2014 the City Commission referred this matter to the Finance and
Citywide Projects Committee for discussion.
The Finance and Citywide Projects Committee reviewed a complete list of all known and
anticipated events at the Convention Center from 2016 - 2018, as well as a draft list of priority
events that the City would make efforts to accommodate within the project construction
schedule. On April 30, 2014 the Finance and Citywide Projects Committee reviewed and
considered the information and separated the discussion into two separate recommendations.
The first recommendation is that the timeframe of the Convention Center project not exceed 36
months, but with a goal of completing construction within 24-30 months. The second
recommendation was for staff to go contact all events on the priority list to determine if they
could take place without usage of the P-Lot, with access to no more than two (2) exhibit halls
and with limited or compressed load-in/out.
Global Spectrum and City staff subsequently contacted the events and discussed the
aforementioned parameters and confirmed which event could continue within these constraints
and presented the information to the Finance and Citywide Projects Committee on May 20,
2014. City staff also presented the anticipated phasing plan that was developed by Fentress to
meet the desired construction timeline as directed by the Committee on April 30,2014. The
preliminary phasing plan demonstrated that two (2) Exhibit Halls could remain open throughout
195
INDA Miami Beach Convention Center Settlement Agreement
Commission Memorandum
October 22, 2014
Page 2 of 3
construction and still meet the desired construction timeline. The Committee subsequently
recommended the City proceed with the proposed phasing plan. The Committee also
recommended staff contact all event producers and work with them to accommodate as many
events as possible as long as they could exist without usage of the P-Lot, with access to no
more than two (2) exhibit halls, exist with construction in progress, and with limited or
com pressed load-in/out.
On May 28, 2014, the City Commission adopted Resolution 2014-28610 accepting the
recommendation of the finance and citywide projects committee to complete the Miami Beach
Convention Center project within 24-30 months, but not to exceed 36 months; and further within
that timeframe to accommodate as many events as possible as long as such events could occur
without usage of the P-Lot, with access to no more than two (2) exhibit halls, exist with
construction in progress, and with limited or compressed load-in/out.
Global Spectrum immediately began working with all events to finalize an event schedule during
the Convention Center renovation.
INDA Association of the Nonwoven Fabrics lndustry produces a show triennially at the Miami
Beach Convention Center including !DEA2016, an event that was contracted and scheduled for
April 5, 2016 to April 16, 2016. That event requires the use of all four exhibition halls of the
Miami Beach Convention Center during the term of their License Agreement. As you know, the
planned renovation and modernization of the MBCC is expected, during this period, to limit the
availability of exhibition hall space to approximately half that required for the successful
execution of the event. As a result of the renovations, the Licensor (INDA) and Licensee (City)
mutually agree to terminate the Agreement.
INDA will incur costs associated with the termination of the license agreement and the
relocation of the Event to another facility and requested reimbursement of these costs.
As a result, Global Spectrum, on behalf of the City, negotiated the attached settlement
agreement with INDA. The settlement is based on the below chart that demonstrates our
assessment of a fair accounting for reimbursement of expenses from the Miami Beach
Convention Center to INDA. The largest variances in what Global proposed versus what INDA
requested are in the areas of "consulting services", "travel", and "creative services". With regard
to "consulting services", Global's calculation is based on 50% of the total cost of consulting
already expended in this category as we believe that there will be sustained value based on
leads, contacts, and commitments already in the pipeline based on their previous efforts. We
recognize that INDA will have more work to do based on the change in venue, but there is a
residual value to the work already performed. Similarly, we see the costs associated with travel
to the show in Geneva as a cost that would have been incurred by INDA regardless of the
change in venue. And with reimbursement of the costs to replace the marketing materials to be
used to promote Boston, the leads generated with this travel have substantial residual value.
We believe the "creative services" that are contemplated within the $75,000 allowance to
promote Boston will replace the materials that had been previously produced to promote the
2016 event in Miami Beach.
We proposed that the "exhibit booth" reimbursement should be adjusted to reflect a change in
graphics to allow for the Boston branding, but that the structure itself has some value that is not
lost. We have also made adjustments to the future "legal fees" and "travel fees" as we would
expect that there would be professional fees and site visit expenses as a normal expense
We ore comrnilled to providtng excellenl public service and sofety fo oll who live work ond ploy in our vibronl lropicol, historic community.
196
INDA Miami Beach Convention Center Seftlement Agreement
Commission Memorandum
October 22, 2014
Page 3 of 3
incurred in the execution of the event.
Global and INDA negotiated the below items several times and, with the interest in concluding
negotiations in a successful resolution that would also lead to our continued business
relationship in the future both parties agreed to a final settlement of $275,000.
The settlement includes a termination of the License Agreement and full release of any and all
claims each has, may have or may ever have had against the other under, or with respect to,
the License Agreement or the termination thereof. lt also includes, subject to the availability of
space in the Center, the return of IDEA to the Miami Beach Convention Center in 2019 and in
2022 on mutually agreeable dates at approximately the same time of year as previously held at
the Center.
CONCLUSION
H ffi|;tion
recommends the City Commission adopt the attached Resolution.
T:\AGENDA\20'1 4\October\TCED\INDA Settlement Agmt MEMO.docx
O(PENSES
INDA
Requested
Amount
MBCC
Proposed
Amount Comments
Alreadv lncurred
Consultant s 25.680.00 S 13.340.m )ortion of services have sustained value despite relocation
Legal Fees s 1.ss2.00 s 1,ss2.00
Postage s 49.01 S 49.01
Travel - New Site Selection s 5.678.63 S s,G78.G3
Association Booth S 11.519.75 S 8.639.81 Allowance for reoroduction of eraohics
Branded Premium 5 3,7s7.49 s 3,757.49
Creative Services 5 !4,024.99 s Allowance is included in promotion of Boston site below
E-Mail S 33.G9 S 33.69
General Promotion S 3s9.02 s 3s9.02
Gifts s
Office Suoolies s 10.55 s 10.66
Postase S 2.o29.M s 2,029.U
Printi ns s 1.120.88 s 1.120.88
Travel - Geneva (Trade Show)s 29,942.06 Leads qenerated are still ofvalue - INDA would have attended eitherwav
Teleohone S ess.go s 333.90
Temoorarv Helo S 1.839.s1 S 1.639.s1
FaciliW Rental (MBCC deposit)s s.000.m S s.ooo.m Refund of advance deDosit Daid to MBCC
\lew Costs for Site Relocation
Additional Travel S G.821.37 Site planning travel is part of show production expense
Additional Cost for Boston Venues s 145.132.00 s 145.132.00
Leeal Fees s 3,%8.00 s Some legal fees should be considered oart of show Droduction exoense
Promotion of Boston site s 7s,000.00 S 7s,ooo.oo
TOTAT!s 334,632.00 3 z6z,6ts.u
We ore commilted to providing excellenl public service ond solety lo oli who live work ond ploy in our vibranl lropicol , hisforic communify'
197
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE GITY
OF MIAMI BEAGH, FLORIDA, APPROVING A SETTLEMENT AGREEMENT
WITH INTERNATIONAL NONWOVENS AND DISPOSABLES ASSOCIATION
(INDA) OF THE NONWOVEN FABRICS TNDUSTRY rN CONNECTTON W|TH
THE IDEA 2016 SHOW IN AN AMOUNT NOT TO EXCEED TWO HUNDRED
SEVENTY-FIVE THOUSAND DOLLARS ($275,000).
WHEREAS, on April 9,2014, Request for Qualifications No. 2014-142ME for the
Design Criteria Professional (DCP) services for the Miami Beach Convention Center (MBCC)
Renovation (the "Project") was awarded to Fentress Architects (Fentress) and Fentress has
immediately begun to develop a preliminary design, a preliminary phasing plan, and a
preliminary construction schedule; and
WHEREAS, the majority of the Project construction would impact the events to be held
in the MBCC from 2016 through 2018 (Events); and
WHEREAS, on April 9, 2014, the City Commission referred a discussion item to the
Finance and Citywide Projects Committee (Committee) regarding the Events the City will make
efforts to accommodate within the Project construction schedule; and
WHEREAS, the FCWPC met on April 30, 2014 and recommended that (1) the timeframe
of the Project not exceed 36 months, but with the goal of completing the project within 24-30
months; and (2) that staff contact all Event producers on the priority list to determine if their
Events could take place without usage of the P-Lot, with access to no more than two (2) exhibit
halls, and with limited or compressed load-in/out (Project Guidelines); and
WHEREAS, Global Spectrum and City staff subsequently contacted the event producers
and discussed the aforementioned parameters and confirmed which events could continue
within the Committee recommended Project Guidelines; and
WHEREAS, the Committee met on May 20,2014 and, after considering the anticipated
phasing plan developed by Fentress, recommended that the City proceed with the proposed
phasing plan. The Committee also recommended staff contact all event producers and work
with them to accommodate as many events as possible as long as such events could occur
without usage of the P-Lot, with access to no more than two (2) exhibit halls, occur while
construction is in progress, and with limited or compressed load-in/out; and
WHEREAS, on May 28, 2014, the City Commission adopted Resolution 2014-28610
accepting the recommendation of the Committee to complete the Miami Beach Convention
Center project within 24-30 months, but not to exceed 36 months; and further, within that
timeframe, to accommodate as many events as possible as long as such events could occur
without usage of the P-Lot, with access to no more than two (2) exhibit halls, during construction
of the Project, and with limited or compressed load-in/out; and
WHEREAS, INDA Association of the Nonwoven Fabrics lndustry produces a show
triennially at the MBCC, including IDEA 2016, an event that was contracted and scheduled from
April 5, 2016 to April 1 6,2016 (the "INDA Event"); and
WHEREAS, the INDA Event requires the use of all four exhibition halls of the MBCC
198
during the term of their License Agreement; and
WHEREAS, the planned renovation and modernization of the MBCC is expected, during
this period, to limit the availability of exhibition hall space to approximately half that required for
the successful execution of the INDA Event; and
WHEREAS, projects impact upon the INDA Event, the Licensor (INDA) and Licensee
(City) mutually agreed to terminate the License Agreement; and
WHEREAS, INDA will incur costs associated with the termination of the license
agreement and the relocation of the INDA Event to another facility and requested
reimbursement of these costs; and
WHEREAS, as a result, Global Spectrum, on behalf of the City, negotiated the attached
Settlement Agreement with INDA, which is based on a fair accounting for reimbursement of
expenses in connection with the termination of the license agreement from the Miami Beach
Convention Center to INDA; and
WHEREAS, with the interest in concluding negotiations in a successful resolution that
would also lead to our continued business relationship in the future both parties agreed to a final
settlement of $275,000; and
WHEREAS, the Settlement Agreement, which is attached hereto and incorporated
herein as Exhibit A, includes a termination of the License Agreement and full release of any and
all claims each has, may have, or may ever have had against the other under, or with respect
to, the License Agreement or the termination thereof. lt also includes, subject to the availability
of space in the MBCC, the return of the IDEA show to the MBCC in 2019 and in 2022 on
mutually agreeable dates at approximately the same time of year as previously held at the
MBCC.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND GITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve the attached Settlement Agreement with INDA Association Of The
Nonwoven Fabrics lndustry in connection with the IDEA 2016 Show in an amount not to exceed
two hundred seventy-five thousand dollars ($275,000).
PASSED AND ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk
day of 2014.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
.-\ & FORTXEC,UTION'),{U*(- ((-\4-l4r-Tf;;il -EiE-
T:\AGENDA\201 4\October\TCED\INDA Settlement Agmt RESO.docx
199
TERMINATION AND RELEASE AGREEMENT
This Termination and Release Agreement (this "Agreement"), dated as of October _,
2014 ("Effective Date"), is by and between Global Spectrum, L.P. ("Global"), the City of Miami
Beach ("Owner"), and NDA Association of the Nonwoven Fabrics Industry ("Licensee").
WHEREAS, Global, as agent on behalf of Owner, and Licensee, are parties to a
License Agreement dated January 15,2014 ("License Agreement"), pursuant to which Licensor
agreed to license certain space ("Licensed Space") within the Miami Beach Convention Center (the
"Center") to Licensee for an event called "IDEA 2016" from April 5,2016 to April 16,2016 (the
"Event");
WHEREAS, it is now anticipated that the Center will be undergoing renovations at
the time of the Event (the "Renovations") and that such Renovations will limit the availability of the
Licensed Space for the Event;
WHEREAS, as a result of the limitation on the Licensed Space, and notwithstanding
the stated term of the License Agreement, the parties have determined it to be in their mutual best
interests to terminate the License Agreement, and, except for the obligations set forth herein, to
discharge any and all obligations either party has or may have to the other party arising under the
License Agreement or the termination thereof, and to release any and all claims each has, may have
or may ever have had against the other under, or with respect to, the License Agreement or the
termination thereof.
NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants
and promises hereinafter set forth and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree
as follows:
l. Termination of License Agreement. Effective upon the Effective Date, the License
Agreement shall terminate and be of no further force and effect. As such, Licensee shall have no
funher rights to use the Center for the Event or for any other event (unless and until a separate
license agreement is entered into by the parties on a future date entitling Licensee to use the Center).
2. Payment by Owner to Licensee. Unless already paid prior to the date hereof, Owner
shall pay to Licensee the sum of Two Hundred Seventy Five Thousand Dollars ($275,000). Such
amount is payment for any and all costs, expenses, fees, losses, claims and other amounts incurred or
to be incurred by Licensee arising out of or relating to the License Agreement and/or the termination
of the License Agreement. Such amounts shall be paid to Licensee within thirty (30) days of the
Effective Date.
3. Future Events. As a material term of this Agreement and a condition to Owner's
agreement to make the payment described in Section 2 above, Licensee hereby agrees, subject to the
availability of space in the Center, to license the Licensed Space (or other comparable space in the
Center) to hold its "IDEA" event at the Center in 2019 and in 2022 on mutually agreeable dates at
approximately the same time of year as previously held at the Center, for a substantially similar number
of days andat Licensor's then-current standard rental rates (which the parties agree shall be similarto
the rates in effect under the License Agreement subject to standard annual escalators). Licensee shall be
required to enter into the Center's standard facility license agreement reflecting such terms, which
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Licensee shall enter into within thirry (30) days of Licensor presenting such agreement to Licensee.
4. Release of Claims. Each of Global and the City, on the one hand, and
Licensee, on the other hand, on behalf of itself and its legal representatives, successors,
assigns, affiliates, employees, officers, directors, and agents (collectively, the "Releasors"),
hereby unconditionally and irrevocably releases, acquits and forever discharges the other, and
each of its respective affiliates and subsidiaries and each past and present director, official,
officer, employee and agent of any of the foregoing (all of the foregoing, and any of their
respective successors, assigns, heirs, personal representatives, administrators and executors
being hereinafter collectively referred to as the "Released Parties") from any and all causes of
action, suits, claims, demands, judgments, debts, sums of money, obligations, liabilities,
accounts, bonds, covenants, controversies, agreements, promises, damages and executions of
any kind or nature whatsoever, whether known or unknown or foreseen or unforeseen, in
contract or in tort, and whether or not founded in fact, in law or in equity, that the Releasors
has, may have or may ever have had against any Releases arising out of, or in any way relating
to, or in connection with the License Agreement, the performance or non-performance thereof,
and the termination thereof. It is the intent of the parties that this be a general, complete, full,
and comprehensive, irrevocable, unconditional and final release of any and all claims relating
to the License Agreement, the performance or non-performance thereof, and the termination
thereof. The release described in this paragraph is not a release of the parties' obligations
under this Agreement, and nothing contained herein shall be construed as limiting the parties
from enforcing the terms of this Agreement.
5.Miscellaneous.
(a) Licensee shall keep the terms of this Agreement, including without limitation
the amounts to be paid to Licensee hereunder, confidential, and not disclose such terms to any third
party, except as may be required by law, in which case Licensee shall notify Owner and Global in
writing prior to making any such disclosure.
(b) This Agreement constitutes the entire agreement between the parties hereto
relating to the subject matter hereof and supersedes all prior and contemporaneous oral and written
negotiations, commitments, and understandings of the parties. This Agreement may not be changed
or amended except by a writing executed by both parties.
(c) Any provision of this Agreement which is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining portions hereof or thereof or affecting the
validity or enforceability of such provision in any other jurisdiction.
(d) This Agreement shall be binding upon and inure to the benefit of each of the
parties hereto and their respective successors and assigns.
(e) This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida, excluding its conflicts of law rules.
(0 This Agreement may be executed in counterparts, each of which shall
constitute an original, and all of which together shall constitute one and the same document.
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TN WITNESS WHEREOF, thE
above written.
GLOBAL SPECTRUM, L.P.
Name: Matt Hollander
Title: General Manager
CITY OF MIAMI BEACH
By:
Name:
Title:
parties have executed this Agreement as of the date first
INDA ASSOCIATION OF THE
NONWOVEN FABRICS INDUSTRY
By:
Name:
Title:
APPROVED AS TO
FORM & LANGUAGE
By:
{o- ([- tAr
-
Dote
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THIS PAGE INTENTIONALLY LEFT BLANK
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lntended Outcome
Glerk's Office
COMMISSION ITEM SUMMARY
c1 r_
ro -2L-/{
-+-
Condensed Title:
A Resolution Accepting Recommendations Of The Finance And Citywide Projects Committee With Respect
To Hiring A Commercial Real Estate Broker To Analyze The City-Owned Retail Space Located At 1661
Pennsylvania Avenue, Miami Beach, Florida 33139, Which ls The Subject Of A Lease (Lease) Between The
Miami Beach RedevelopmentAgency (RDA) And The City (Collectively, Lessor) And Penn 17, LLC (Lessee);
And Requiring Lessee To Retroactively Pay lnterim Base Rent, ln The Amount Of $24,474.00, Plus Common
Area Maintenance (CAM) As Required Under The Lease, All With Applicable Sales Tax, Effective July 1,
2014, Pending Receipt Of The Analysis And Completion Of Negotiations; And Further Providing That lf Lessee
Fails To Pay Said lnterim Base Rent And CAM, Lessee Shall Be Considered ln Default Under The Lease.
N/A
Supporting Data (Surveys, Environmental Scan, etc.) N/A
Item Summary/Recommendation :
On April 13,2011, the Mayor and City Commission approved a Lease Agreement (which was subsequently
amended on February 8, 2012, and again on June 6, 2012), having a term of nine (9) years and 364 days,
between the City, the RDA (collectively, the Lessor or Landlord) and Penn 17, LLC. (Lessee orTenant), for
use of approximately 7,655 square feet of ground level retail space at the Pennsylvania Avenue Garage, 1661
Pennsylvania Avenue, Miami Beach, Florida (Premises), for a restaurant (primary use). On December 17,
2012,the Tenant informed staff that it had closed CooperAvenue Restaurant, with the intent of re-opening in
February 2013 under a new name and concept. On June 5, 2013, the Mayor and City Commission approved
and authorized the Mayor and City Clerk to execute Amendment No. 3 to the Lease Agreement which
approved the transfer of 100% controlling ownership interest in Penn 17, LLC from the current
managers/members, Amir Ben-Zion and Ramon Cherstvov (transferors), to the proposed purchasers of Penn
17, LLC, Roman Cherstvov and OBK Project LLC (Transferees); with approval of such transfer subject to and
contingent upon the parties' execution of Amendment No. 3 to the Lease, and further satisfaction by
Transferees of numerous conditions, which were all satisfied.
Since the June 5, 2013 action by the City Commission, Penn 17 completed plans for the new restaurant,
obtained permits, commenced and completed interior renovations and finalized the restaurant concept. The
restaurant named Oolite, opened on June 15th,2014 and is open daily for lunch and dinner service. During the
July 30th, 2014 Commission meeting Steve Polisar, representing Ooiite Restaurant, explained that the tenant
has made a large financial commitment to have professional management, but they believe the rent is too
high. The City has amended the Tenant's current lease agreement on three separate occasions withiry the first
four (4) years of the lease term; however, the Tenant continues to solicit the City's assistance in meeting their
financial obligations under the lease agreement.
The Administration recommends the City Commission adopt the attached Resolution as recommended by the
Finance and Citvwi ects Committee.
Advisory Board Recommendation:
The Finance and Citywide Projects Committee met on September 24, 2014 and recommended the
Administration hire a commercial real estate broker to analyze the retail space located at the City owned
property at 1661 Pennsylvania Avenue, Miami Beach, Florida 33139 and require the Lessee to retroactively
pay interim base rent, in the amountof $24,474.00, plus common area maintenance (CAM) as required under
the Lease, allwith applicable sales tax, effective July 1,2014, pending receiptof the analysis and completion
ofn
Financial lnformation :
Financial Impact Summary: Under the Tenant proposed rent schedule, the City is positioned to realize a
total loss of $687,816.05, as detailed in the attached memorandum.
Max Sklar, ext. 6116
E MIAMIBEACH AGENDA
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g MIAMIBEACH
Cliy of Mloml Beoch, ,l700 Convention Cenler Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of City
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACGEPTING RECOMMENDATION OF THE FINANGE AND
CITYWIDE PROJECTS GOMMITTEE RESPECT TO HlRlNG A COMMERCIAL
REAL ESTATE BROKER TO ANALYZE THE CIW.OWNED RETAIL SPACE
LOCATED AT 1661 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA 33139,
WHICH !S THE SUBJECT OF A LEASE (LEASE) BETWEEN THE MIAMI BEAGH
REDEVELOPMENT AGENGY (RDA) AND THE CITY (GOLLECTTVELY, LESSOR)
AND PENN 17, LLG (LESSEE); AND REQUIRING LESSEE TO RETROACTIVELY
PAY INTERIM BASE RENT, IN THE AMOUNT OF $24,474.00, PLUS COMMON
AREA MAINTENANCE (CAM) AS REQUIRED UNDER THE LEASE, ALL WITH
APPLICABLE SALES TAX, EFFECTIVE JULY 1,2014, PENDING RECEIPT OF THE
ANALYSIS AND COMPLETION OF NEGOTIATIONS; AND FURTHER PROVIDING
THAT IF LESSEE FAILS TO PAY SAID INTERIM BASE RENT AND CAM, TENANT
SHALL BE CONSIDERED !N DEFAULT UNDER THE LEASE.
BACKGROUND
On April 13, 2011, the Mayor and City Commission approved a Lease Agreement (which was
subsequentlyamended on February8,2012, and again on June 6,2012), having aterm of nine
(9) years and 364 days, between the City, the RDA (collectively, the Lessor or Landlord) and
Penn 17, LLC. (Lessee or Tenant), for use of approximately 7,655 square feet of ground level
retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach,
Florida (Premises), for a restaurant (primary use), with ancillary uses for a bakery, a bar/cafe,
and a book and gift shop (the initial lease and all amendments thereto are hereinafter referred to
as the Lease). The Tenant opened Cooper Avenue Restaurant on the Premises on September
24, 2012. After putting the Tenant on notice of certain compliance-related issues, including
nonpayment of rent, the City received a letter in response to its November 15,2012letter from
Tenant's legal counsel requesting rent relief in connection with operational complications
resulting from the failure of the air conditioning system on the Premises. The Tenant alleged
that the current location of the air conditioning compressors, located between the first and
second floor of the garage alongside the entrance ramp, was inadequate to support the size
units required to cool a restaurant operation of the scale involved in Cooper Avenue. As a
solution, Tenant requested permission to relocate all eight compressors to the roof of the
garage, (which relocation, if accomplished, will occupy five roof-top parking spaces).
On December 12,2012, the City Commission referred the Tenant's request for rent relief to the
City's Finance and Citywide Projects Committee (FCWPC) for discussion, subject to the Tenant
remitting all outstanding rent amounts due for October, November and December. Subsequent
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Commission Memorandum
October 22,2014
Accepting Finance and Citywide Projecb Commiltee Recommendation
Penn 17, LLC
Page 2 of 6
to the City Commission meeting, the Tenant informed staff that it wasn't in a position to remit
rent for the three-month period, and instead remitted a wire transfer for the October, 2012 rent.
On December 17, 2012, the Tenant informed staff that it had closed Cooper Avenue
Restaurant, with the intent of re-opening in February 2013 under a new name and concept. The
Administration requested review of the matter by the FCWPC at its December 2012 meeting, at
which Tenant presented its request to reduce its rent payments by 50o/o over the next twelve
(12) months; apply two months of the three-month security deposit it had paid at Lease
execution towards the back rent due for November and December's rent; and have the City
share in the cost of relocating the compressors to the roof of the garage, the cost of which was
estimated to be approximately $65,000. The Tenant also indicated that it would prefer to
address the relocation of the compressors as well as the kitchen exhaust venting (as was
requested by the New World Symphony) at the same time and under one engineering contract.
On June 5,2013, the Mayor and City Commission approved and authorized the Mayor and City
Clerk to execute Amendment No. 3 to the Lease Agreement which approved the transfer of
100o/o controlling ownership interest in Penn 17, LLC from the current managers/members, Amir
Ben-Zion and Ramon Cherstvov (transferors), to the proposed purchasers of Penn 17, LLC,
Roman Cherstvov and OBK Project LLC (Transferees); with approval of such transfer subject to
and contingent upon the parties' execution of Amendment No. 3 to the Lease, and further
satisfaction by Transferees of the following conditions (to be satisfied prior to and as a condition
of Landlord's execution of Amendment No. 3:
1) Payment of outstanding rent for the months of May and June, 2013;
2) Satisfaction of any and all liens against the Leased Premises including, without limitation,
liens and/or claims filed by A & P Air Conditioning and Cors-Air;
3) Dismissal, with prejudice, of the lawsuit filed by A & P against the City to collect the
A & P lien;
4) Re-payment of the remaining balance of Rent and CAM for November and December 2012,
in the amount of $120,519.98, from the Security Deposit, and replenishing said disbursement
over a period of six (6) months, commencing on October 1, 2013, and ending March 1 , 2014;
5) Replacement of the required $50,000 minimum balance into the Tenant construction fund;
6) Re-location at Transferees' sole cost, of the Leased Premises a/c units to the roof of the
Pennsylvania Garage; and
7) Execution of a General unconditional release in favor of the City and RDA; and further waive,
by a 5/7ths vote, the formal competitive bidding requirements, finding such waiver to be in the
best interest of the City, and authorize the City Manager, or his designee, to negotiate and
execute an agreement with Halloran Construction, lnc., in an amount not to exceed $250,000, to
address the relocation of the kitchen exhaust venting system installed by Penn 17,lLC.
Since the June 5,2013 action by the City Commission, Penn 17 completed plans for the new
restaurant, obtained permits, commenced and completed interior renovations and finalized the
restaurant concept. The restaurant named Oolite, opened on June 15th, 2014 and is open daily
for lunch and dinner service.
We ore commilled to providine excellent public servrce ond sofe\ to oll who tive work ond pkty rn our vibrant. tropicol. hislaric communif/.
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Commission Memorandum
October 22,2014
Accepting Finance and Citywide Projects Committee Recommendation
Penn 17, LLC
Page 3 of 6
During the July 30th, 2014 Commission meeting Steve Polisar, representing Oolite Restaurant,
explained that the tenant has made a large financial commitment to have professional
management, but they believe the rent is too high and they cannot afford it. Mr. Polisar stated
that Oolite has approximately 7,800 square feet of space and are paying $65,000 a month in
rent.
Ultimately the City Commission passed a motion to:
1) Authorize the Administration to have discretion to negotiate, including abatement of the rent;
2) Refer the item to the September Finance and Citywide Projects Committee meeting, and
3) Bring back for final approval at the October 22,2014 Commission Meeting;
City staff has been meeting with the principles and respective counsel of Oolite to discuss their
proposal for rent reduction terms and amendment to the existing lease agreement. The
Administration also requested current financials and the current plans in place to generate
future revenues.
Roman Cherstvov, MGRM of Oolite, provided the firm's most recent P & L statements. Mr. Kris
Wessel elaborated on future marketing campaigns and the hiring of the marketing firm
Powerhaus. Please refer to the attached documents, which were provided by Oolite.
ANALYSIS
ln preparation of the September 2014 Finance and Citywide Projects Committee meeting, the
Tenant submitted a letter requesting a two-year rent reduction plan; a copy of which is attached
as Exhibit "A" to this memorandum.
To summarize, the Tenant is proposing a monthly MG rent in the amount of $16,000.00 per
month for a term of two years, beginning October 2014 through September 2017. ln addition,
payment of monthly CAM expenses in the amount of $8,474.00.
ln addition, the Tenant is proposing a PG of 8% to be calculated on the sum of monthly
revenues greater than $200,000.00.
The Tenant provided a schedule of revenue projections (see attached Exhibit '8") for the
following terms:
October 2014 through September 2015
October 2015 through September 2016
Forthe term2O14l2015 Oolite's projected gross revenue is $3,910,000.00, thus, the annual rent
expense would equal $416.888.00. This sum would include monthly MG rent of $16,000, PG of
8% on the sum of gross revenues greater than $200,000.00, and monthly CAM expense of
$8,474.00.
We orc commilted to providing excellent public servtce ond sofety lo oll who live work ond ploy in our vibronl. tropicol hisforic communily
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Commission Memorandum
October 22, 2014
Accepting Finance and Cityaide Projects Committee Recommendation
Penn 17, LLC
Page 4 of 6
For the term 201 512016 Oolite's projected gross revenue is $4,692,000.00, thus, the annual rent
expense would equal $477.048.00. This sum would include monthly MG rent of $16,000, PG of
8%o on the sum of gross revenues greater than $200,000.00, and monthly CAM expense of
$8,474.00.
The Tenant has also requested that the rent be abated for the months of October and
November 2014.
Current Gonditions
Base Rent for vears 1-2= $75 PSF, ($574,125.00) annual minimum, ($47,844.00 + tax
$3,349.08= $51,193.08) monthly minimum; 3o/o annual escalation of Minimum Rent,
commencing year 3.
. Monthly MG rent of $47,844.00o Monthly CAM payment of $8474.00
CAM for vears 1-2= $101,690.00 annually; $8,474.00 monthly; Cam adjusts starting year 3
based upon actual property taxes and estimated self-insurance amounts by City, adjustable on
yearly basis.
Annual Percentaqe Rent:
Sales in excess of $8,000,000 or 3o/o of gross sales if sales exceeds $9,000,000. Payable w/l
60 days from end of year
Property Taxes/lnsurance: Landlord pays and pass-through to Tenant as CAM
Comprehensive General Liability ($1,000,000).
Finance Summarv
The financial impact on the City as a result of the proposed rent reduction schedule would be as
follows:
ilErno
Qttnent Annual lvlG
?t6posed
Annrral i/l(l Bacr
Ilet Loss/GainBase Rent Rent
$574,128.00 $192,000.00 ($382,128.00)
(1) Repayrnent of &ry 20t2 df, Aqgust 2012 Reil
($95,688.00) perArnend. M. 2, p"iO yearc &5 ($39,870.00)
Tenant&tearages - (July, A.rgust and Septnber 2014 rent)($170,130.06)
October and l,locmber 2014 Proposed Rent Abaternent ($e5,688.00)
I@l I,tEt Loss to the City ($687,816.06)
Under the Tenant's proposal, the City's MG is equal to $16,000.00 monthly, $192,000.00
annually, and a MG PSF rate of $25.08 versus the current MG rental rate of $47,844.00
monthly, $574,128.00 annually, and MG PSF of $75.00.
We ore comnilled to providing excellent public servrce ond so[e\ lo oi! who live work. ond ploy in our vibranl tropicol, hisforic communify
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Commission Memorandum
October 22, 2014
Accepting Finance and Citywide Projects Committee Recommendation
Penn 17, LLC
Page 5 of 6
Both the 201412015 and 201512016 proposed annual rent expense amounts of $416,888.00 and
$477,048.00, respectively, are inclusive of monthly projected revenues that, at certain periods,
are forecasted to exceed the monthly PG threshold of $200,000.00 (See Exhibit "B"). The
aforementioned proposed rent payments are only estimates of what the Tenant is forecasting in
the way of revenue, thus, the City may only realize rent expense payments equal to the MG of
$16,000.00 monthly.
As of October 1,2013, the Tenantwould be entering yeat 4 of the lease agreement, thus, the
balance of the repayment of July 2012 and August 2012 rent, per Amend No. 2, of $95,688.00,
scheduled to be repaid in years 4 and 5 of the lease agreement, would remain partially unpaid,
with current balance due of $39,870.00. This is due to the current Tenant rent arrears in the
amount of $170,130.06 for rent expense payments due for the months of July, August, and
September 2014.
ln addition, the Tenant is requesting a rent abatement for the rent expenses due for the months
of October and November, 2014, which sum represents a loss to the City in the amount of
$95,688.00.
ln conclusion, under the Tenant proposed rent schedule, the City is positioned to realize a
possible total loss of $687,816.05, as reflected above.
Prior to, and as a condition to, approving the Tenant's request for rent relief regarding the retail
space at the Pennsylvania Avenue Parking Garage, the Committee (FCWPC) should consider
the following:
. Requiring rent securitization in the form of either a personal guaranty, or bank letter of credit.
o Consider the potential overall loss to the City, under the Tenant proposed rent relief
schedule, versus the losses realized by initiating default proceedings under the lease
agreement, re-marketing and awarding of tenant improvement credits that may be required
to secure new viable tenants.
o Consider the implications for the City with regard to other existing tenants currently
experiencing similar financial difficulties that have been currently placed in default of their
lease agreement for non-payment of rent expense.
. Consider that comparable rental space located at 1000 17th Street, Miami Beach, Florida
33139 is currently listed at $50.00 - $85.00 PSF. Operating expenses are in addition to the
aforementioned PSF rates.
The City has amended the Tenant's current lease agreement on three separate occasions
within the first four (4) years of the lease term; however, the Tenant continues to solicit the
City's assistance in meeting their financial obligations under the lease agreement.
ln contrast, it appears that the Tenant is implementing and executing viable marketing initiatives
to facilitate the overall groMh and success of the business (See Attached Exhibit "C").
We ore commilled to providing excellent public seruce ond sofe\ lo oll who live work ond ploy in our vibranl tropicol historic cammunif,/
209
Commission Memorandum
October 22, 2014
Accepting Finance and Citywide Projects Commiltee Recommendation
Penn 17, LLC
Page 6 of 6
FINANCE AND CITYWIDE PROJECTS GOMMITTEE
The Finance and Citywide Projects Committee met on September 24, 2014 and discuss the
subject item. The Committee recommended the Administration hire a commercial real estate
broker to analyze the retail space located at the City owned property at 1661 Pennsylvania
Avenue, Miami Beach, Florida 33139. Pending receipt of the analysis and completion of
negotiations, requiring lessee to retroactively pay interim base rent, in the amount of
$24,474.00, plus common area maintenance (CAM) as required under the lease, all with
applicable sales tax, effective July 1 ,2014,
CONCLUS!ON
The Administration recommends the City Commission adopt the attached Resolution as
recommended by the Finance and Citywide Projects Committee./t(J, AU//'ll ,"' I Il t-l
J L M / Kf, BI [/IIA$?,IIU C F
r: raC e r.rdnrlqrXOabo"rtrCe ouccpt FCWPC Recomm pe n n 1 7 MEMO. d ocx
Exhibits:
A - Rent Reduction Plan Request Letter
B - Oolite (Tenant) 201412015 -201512016 Revenue Forecast
C - Oolite (Tenant) Marketing Plan lnitiatives
We ore commilled to providing excellent public service ond sofe\ lo oll who live work ond ploy n our vibronf . fropicol, historic cammunity
210
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND
GITYWIDE PROJECTS COMMITTEE WITH RESPECT TO HIRING A COMMERCIAL
REAL ESTATE BROKER TO ANALYZETHE CITY.OWNED RETAIL SPACE LOCATED
AT 1661 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA 33139, WHICH IS THE
SUBJECT OF A LEASE (LEASE) BETWEEN THE MIAM! BEACH REDEVELOPMENT
AGENCY (RDA) AND THE CITY (COLLECT|VELY, LESSOR) AND PENN 17, LLC
(LESSEE); AND REQUIRING LESSEE TO RETROACTIVELY PAY INTERIM BASE RENT,
lN THE AMOUNT OF $24,474.00, PLUS GOMMON AREA MATNTENANCE (CAM) AS
REQUIRED UNDER THE LEASE, ALL WITH APPLICABLE SALES TAX, EFFECTIVE
JULY 1, 2014, PENDING RECEIPT OF THE ANALYSIS AND COMPLETION OF
NEGOTIATIONS; AND FURTHER PROVIDING THAT IF LESSEE FAILS TO PAY SAID
INTERIM BASE RENT AND CAM, TENANT SHALL BE CONSIDERED IN DEFAULT
UNDER THE LEASE.
WHEREAS, on April 13,2011, the Mayor and City Commission adopted Resolution No.
2011-27647, approving a Lease Agreement (the "Lease"), between the City, the RDA (collectively,
Lessor) and Penn 17 LLC. (Lessee), having a term of nine (9) years and 364 days, for use of
approximately 7 ,807 square feet of ground level retail space at the Pennsylvania Avenue Garage,
1661 Pennsylvania Avenue, Miami Beach, Florida, for a restaurant (primary use) known as the
Cooper Avenue Restaurant, with ancillary uses for a bakery, abarlcaf6, and a book and gift shop
(the "Premises"); and
WHEREAS, on February 8,2012, the Mayor and City Commission adopted Resolution No.
2012- 27844, approving a First Amendment to the Lease, correcting the gross rentable retail space
from7,807 square feet to 7,655 square feet, as well as providing for a corresponding reduction in
annual Base Rentfrom $585,525 to $574,125, and the cost of Common Area Maintenance (CAM),
from $100,370 per year to $98,850 per year; and
WHEREAS, on June 6,2012, the Mayorand City Commission adopted Resolution No.2012-
27925, approving a Second Amendment to the Lease; 1) granting the Lessee a one (1) month
abatement of Base Rent and deferring an additional two (2) months' of Base Rent to be paid by the
Lessee in lump sum or in thirty six (36) equal monthly installments togetherwith regular payments of
rent, taxes and Common Area Maintenance (CAM), commencing in the third year of the Lease Term
and ending on the last day of the fifth year of the Lease Term; 2) increasing the size of the Lessee's
Additional Area (Storage Space), as defined in section 3.1 1 of the Lease, to include an additional
284 square feet, currently designated for storage of the building's flood panels; 3) increasing the
charge for Common Area Maintenance (CAM) from $98,850 per year to $101,690 to reflect the
increase in size of the AdditionalArea; and 4) constructing, at the Lessee's sole cost and expense,
a new replacement enclosure for the storage of flood panels, subject and pursuant to the
satisfaction and approval of the Lessor; and
WHEREAS, the Leased Premises, which housed the CooperAvenue Restaurant, closed on
December 17, 2012 and thereafter Lessee requested rent relief in connection with certain
operational complications resulting from the failure of its air conditioning system and the complaints
from the NewWorld Symphony (NWS) thatthe odors eminating from the Premises'kitchen exhaust
system, which at the time was channeled in the direction of the NWS, was interfering with the NWS'
use of their space; and
WHEREAS, following Tenant's request for a rent reduction and other relief, on December
20, 2012 and January 24, 2013, the City's Finance & Citywide Projects Committee (FCWPC)
expressed support for providing some level of relief to the Tenant, subject to the inclusion of specific
release language absolving the City of any liability regarding Tenant's cost overruns and claims
related to loss of business, and therefore recommended in favor of the following terms: 1) applying
one{hird (1/3) of the Tenant's existing Security Deposit, representing$47,844, towards Base Rent
211
owed for the month of November,2012; 2) deferuing $8,474 for Common Area Maintenance (CAM)
forNovember,2Ol2,and BaseRent, plusCAM,forDecember2012, inthe totalamountof $64,792
(Back-Due Rent); 3) approving an abatement of 50% of the Base Rent and Common Area
Maintenance (CAM) due forthe six (6) month period commencing January 13,2013 through July 12,
2013;4) deferring fifty percent (50%) of the Base Rent and CAM for the six (6) month period,
commencing July 13,2013 through January 14,2014 ("Deferral Period"), to be repaid bythe Tenant
in twenty four (24) equal monthly installments, commencing in the sixth year of the Lease Term and
ending on the last day of the seventh year of the Lease Term; and 5) providing for re-payment by
Tenant of the one-third security deposit in the amount of $47,844 and re-payment of the Back-Due
Rent for November and December,2012, in the amount of $64,791, to be repaid in twelve (12)
equal monthly installments commencing in the fifth year of the Lease Term and ending on the last
day of the fifth year of the Lease Term.
WHEREAS, on March 13,2013, Mayor and City Commission adopted Resolution No. 20'13-
28167 (in conjunction with RDA Resolution No. 592-2013), accepting the FCWPC's
recommendation, and approving, in concept, the proposed terms for an Amendment No. 3 to the
Lease, which amendment, upon future final approval by the City/RDA, would include a limited rent
reduction and deferral plan, a general release from Tenant, as well as the re-branding of the
Premises, to include an entertainment component (i.e. Tenant contemplated using part of the
Premises as a lounge, featuring a combination of a deejay and live music); and
WHEREAS, thereafter, Tenant failed to adequately resolve the following outstanding Lease
issues: 1) Tenant failed to satisfy and/or othenryise resolve two (2) liens that had been placed on the
Premises (one of these liens resulting in the filing of a lawsuit against the City to reclaim the unpaid
monies); and 2) Tenant breached the Work Letter and Escrow Agreement by failing to maintain its
required minimum $50,000 Construction Deposit in the Lease Construction Fund; and (3) failed to
pay the May and June, 2013 rent; and (4) Tenant's managing member, Amir Ben-Zion, advised the
City, on May 15, 2013, that it had no intention of re-opening the Leased Premises; and (5)
unbeknownst to the City/RDA and without their required approval under the Lease, subsequent to
the execution of the Lease, Tenant's managing member, Mr. Ben-Zion, transferred a 50% interest in
Penn 17 LLC, to a Mr. Roman Cherstvov.
WHEREAS, on or about May 14,2013, the City was notified of a sale proposal to sell Mr.
Ben-Zion's 50% managing interest in Penn 17 LLC (the Tenant entity), to a new entity, OBK Project
LLC (OBK), whereby Penn 17 LLC would continue as the Tenant under the Lease (without Mr. Ben-
Zion as a manager member), and Mr. Cherstvov and OBK would each have a fifty percent (50%)
membership interest in the Tenant entity; and
WHEREAS, on May 17,2013, in light of the aforementioned defaults, the City placed Tenant
in default under the lease; and
WHEREAS, on June 5,2013, the City/RDA approved City Resolution No. 2013-28239 and
RDA Resolution No. 593-2013, approving and authorizing the execution of Amendment No. 3, which
was executed by Landlord and Tenant on October 4,2013, containing the following materialterms
and conditions:
1. Landlord's approval of the transfer of 50% managing interest of the Tenant entity,
from Mr. Ben-Zion to OBK Project LLC;
2. Landlord to payforthe relocation of the existing kitchen exhaustventing system, for
a total cost not to exceed $250,000;
3. Tenant to pay past due rent for May, June, Jul and August, 2013 without penalties;
4. Tenant to re-deposit the minimum required $50,000 Construction Deposit into the
Tenant Construction Fund (under the Escrow Agreement);
5. Tenant to assume responsibility for paying and prosecuting the work related to
Tenant's prior request to re-locate the Premises' air conditioning units to the roof of
the Pennsylvania Avenue Garage;
212
6. Tenant to resolve and/or othenruise satisfy any outstanding contractor and sub-
contractors liens against the Premises;
7 . Tenant to provide the City/RDA with an updated general release, releasing City/RDA
from any and all claims under the Lease;
8. Tenant authorized the payment of rent for November and December, 2012, in the
total sum of $120,520.52 (i.e. Minimum Rent and CAM of $1 12,636.00 plus sales tax
of $7,884.52), from Tenant's Security Deposit (Deposit Disbursement). Tenant was
obligated to re-pay and reimburse Landlord for the Deposit Disbursement, in six (6)
equal payments of $18,772.67 each (the Deposit Disbursement Payments), with the
first Deposit Disbursement Payment due on October 1, 2013, and with the last
Payment to be made on March 1,2014. Landlord waived any and all late charges,
interest and penalties on said Deposit Disbursement Payments;
9. commencing retroactively as of January, 1 ,2013, Tenant was permitted to abate fifty
percent (50%) of Minimum Rent and CAM payments for the months of January,
2013, through June 2013 (the "Rent Abatement Period"), in the total sum of
$168,954.00;
10. commencing retroactively as of July 1,2013, Tenant was permitted to defer the
payment of fifty percent (50%) of Minimum Rent and CAM payments for the months
of July 2013, through December, 2013 (the "Rent Deferral Period"), in the total sum
of $171,106.59 (the "Rent Deferral Amount"). Tenant was required to re-pay the
monthly payments of $7,129.44 each, over a period of twenty-four (24) months,
commencing on the first day of Year Six (6) of the Lease (10-1-2016), and ending on
the last day of Year Seven (7) of the Lease (9-1-2018), in addition to Tenant's
payment of Minimum Rent, CAM, and any other sums due and payable under the
Lease; and
11. the restaurant would be opened by December 31, 2013.
WHEREAS, the Tenant opened the restaurant under the name Oolite on June 15th, 2014
and is open daily for lunch and dinner service; and
WHEREAS, during the July 3}th, 2014 Commission meeting, Steve Polisar, Esq.,
representing the Oolite Restaurant, represented that the Lessee had made a large financial
commitment to have professional management; however, Oolite has approximately 7,800
square feet of space and is paying $65,000 a month in rent, which is too high forthe Tenant;
and
WHEREAS, at the July 30th 2014 Commission meeting, the City Commission passed a
motion to (1) authorize the Administration to have discretion to negotiate, including abatement of the
rent; (2) referthe item to the September Finance and Citywide Projects Committee meeting, and (3)
bring back for final approval at the October 22,2014 Commission Meeting; and
WHEREAS, on September24,2014the Finance and Citywide Projects Committee met and
discussed the subject item and recommended that the Administration hire a commercial real estate
broker to analyze the Premises; however, Tenant would be required to pay interim base rent, in the
amount of $24,474.00, plus applicable sales tax (lnterim Base Rent), retroactively, commencing July
1,2014; and
WHEREAS, the Administration recommends the City Commission adopt the attached
Resolution as recommended by the Finance and Citywide Projects Committee, including requiring
that the Tenant pay the lnterim Base Rent plus the common area charges, in the amount of
$8,474.00, along with applicable sales tax, as required under the existing Lease, pending the
analysis of the Premises and negotiations with respect to the Lease.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accept the recommendation of the Finance
and Citywide Projects Committee with respect to hiring a commercial real estate broker to analyze
the City-owned retail space located at 1661 PennsylvaniaAvenue, Miami Beach, Florida 33139,
213
which is the subject of a lease (Lease) between the Miami Beach Redevelopment Agency (RDA)
and the City (collectively, Lessor) and Penn 17 , LLC (lessee); and requiring Lessee to retroactively
pay interim base rent, in the amount of $24,474.00, plus common area maintenance (CAM) as
required underthe Lease, allwith applicable sales tax, effective July 1 , 2014, pending receipt of the
analysis and completion of negotiations; and further providing that if Lessee fails to pay said lnterim
base rent and CAM, Lessee shall be considered in default under the Lease.
PASSED AND ADOPTED this _ day of 2014.
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDAV0 1 4\October\TCED\Pen n 1 7 CMB Reso 1 0-22-20 1 4.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION tD-IA.L ro(r4[14-
-cwenqnyxyt
G
214
EXHIBIT *A"
Rent Reduction Plan Request Letter
215
Scptembcr 19,201.1
Max Sklar
Ciq'of Miami Beach
Sent via E-mail
Dear Mr. Sklar.
We are asking you to lind attached, the most recent version of our proposal accompanied b1' our
projected budget tbr two years 2014-2016. l"or the rent rve are asking t'or a guarantee ol'$ 16,000
per month if our gross revenue is under $200.000 per month. ll'our gross revenue is over
$200,000 \t'e are asking for $16.000 per month plus 8% of sales cxceeding $200.000 pcr month.
ln rcsearching the industry standard 87o seems to be thc norm for same tlpc businesscs in [\'!iami
Ileach. Our attached budget includes rent calculations based on sales pmjections.
As you are aware. we had a very slow start in June and July. Fortunately, lbr the months ol'
August and September which are considered the slowest months f'or businesses in Miami lleach,
wc have exlrcrienccd stcady growth. Nevcrtheless, we continue to deal with losscs that arc vcn'
costl)'. With that said wc ask that you considcr suspending our rcnt paymr'nt tbr thc months ol
Octobcr and November as \re want so much to stay alloat. We want to continue gmwing Oolitc
and w'orking with City to the point that the City is proud to have a successlul establishntent as a
tenant.
Wc continue to thank you for 1'our assistance and willingness to rvork u'ith us.
Sincerely.
Kris Wessel
Chef / Partncr
Romen Cherstvov
MGRM
Qnur,Z
Penn l7 LLC, l66l Pennsylvonio Ave. Miomi Beoch, FL 3313?
tel. 305 907 5535 fox 305 8OB 3417 info@oolitereslouronl.com
216
EXHIBIT *B''
Oolite (Tenant) 201412015 -201512016 Revenue Forecast
217
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Max A. Sklar
Director
Miami Beach
Tourism, Culture, Economic Development Department
1755 Meridian Avenue
Suite #500
MiamiBeach, FL 33139
RE: Oolite Rertaurant & Bar, Penn 17 et al t2 month through 35 month illarkefing Plan, Strategy
and Actlvaton, with a comprehenslve lntegrated ilarketlng lmage & Awareness Campaign
September 16,2014
Dear Mr. Sklar:
We regret to inform you by way of this writing that the comprehensive document that we believe you
expected to receive could not be completed in your deadline.
Attached you willfind:
[at A Media Kit for Oolite Restaurant & Bar, inclusive of press hits, bios, menus and releases
[bl As a reference only, a sample of the components of our Q3 and Q4 Marketing Activation Plan for the
Penn 17 enterprise(s). These documents are the working mapping for each quarter and explain an
assortment of ootenlialor actual activation or implementation.
This is not a complete representalion and it does not address the core question of revenue generation
and growth over a '12 - 24 - 36 month period in a planned modet.
However, that comprehensive document of Differentiated Marketing Strategy and lntegrated Marketing
Practices, as we outlined, will be completed prior to the actual September 251h,2014, Commissioner'i
Finance Meeting. The other positive benchmark to note is ihe build for an actual Oolite website has
started and launch is scheduled for October 1, 2014 and Partnerships to augment marketing and add
value while mitigating costs have begun to evolve into contracting.
Powerhaus will submit digitalty and in hard copy and we realize you do not want Powerhaus to present.
Please feelfree to reach me through Penn 17 et alor directly at the contacts listed.
FRA]iIK FLYNN
for: Powerhaus
954 732 6383
frank@oower-haus.com
www.oower-haus.com
cc: Roman Cherstvov
Kris Wessel
Oleg Krasutskiy
Truly,
225
oolite I A.l.R.
.i.,: l,:' i ilf i ).r lit'rltir,'
,r j".l{:li
226
Tt!_tE-&aerto_N aBjEqtLvEs
SEP,14 I oigital ueaia rct
Backgrounder
Fact Sheet
Bio(s)
Menus
Hi Res / Lo Res lmages
Press Releases
Completed. Placement email issued for content on site.
Mlami Home Design & RemodelingShow Fatt 2Ol4
Event Sponsor: Home Show Management Corp.
Fri, Aug 29,2014 through Tue, Sep 2,20L4
Event Type: Public Event
Contact: 305-567 -9299
Website : bftp.//L^n^nUI9ln e-
shows.com/
Mlami New Construc.don Show
Event Sponsor: New Construction Show, LLC
Fri, Aug 29,2014 through Sun, Aug 3t,2Ot4
Event Type: Tradeshow
Contact 305-209-9880
Asla America Trade Show 2014
Event Sponsor: Americas Technology platform
Tradeshow, lnc.
Miami Beach Visitors & | Mon, Sep B,ZOI+ through Wed, Sep 10, 2014
Event Type: TradeshowConvention I Contact: 305-262-3200
i.,i. I lWebsire:http://yy1151v.aer$erusCl
I I HD Americas 2014
I I Event Sponsor: Nielesen Business Media, tnc.
I I Tue, Sep t6,Z0t4 through Wed, Sep t7,ZOt4
I I EventType: Tradeshow
I I Contact:710_569_t540
I I Website: hnpj./lt&ry,hdqqe_ricasexpq.cor.ru,El_bllrI I fUilp Dance Conyention
I I Event Sponsor: Break the Floor Productions
I I SaL Sep Z7,ZO|4 and Sun, Sep 28, 2014
I I Event Type: Special Event
.:.:,. I l conurct:2l2-397-3600
:..,:.,,,11 | Website: http://tywr,Vjumptouleonr/
' ' ...,;..-,:l I Gttrs should be discussed)
i ,", ,i I Miami Spa Aesthedc and Wellness Expo'' l I Event Sponsor: Miami Spa Aesthetic and Wellness
I I Expo, LLC
SaL Sep 27,2014 and Sun, Sep 28, 2014
Event Type: Consumer Show
Contact: 786-558-5234
Website: http://www.sawexpo.com/
227
EacCbook I frand Message
SEP'14 -l ;Conrrrsarion'elements i tosting Freqiency
ocrls luseasaBros l lffi:;#:*#ll;:1i1ix,""",,"*,
-Contests
-Coupons/0ffers
-Facebook Advertising
Twltter
Social Media marketing There was an increase of followers on week of
August 4th,2014, but that is attributed to the first
3.5 Food Review in nearly 2 years in Miami. The
key objective is Coordination and a clear plan on
how Social agent will capture more Followers,
absent presently. Continuing to be reactive and
using t}re NRF of Kris will have a tipping point.
0ngoing.
Landing page is up and running.
Currently we gathered design elements and
photography and researched for SEO and most
impactful contenL Wireframe and Site Architecture as
well as functionality with "Ancho/' type look and feel
was completed.
Webslte
OGT'14 I nirmi Beach Visitorc &4 Fall Condo & HOA Expo
Convention
Sponsor: L & L Exhibition Management, lnc.
Thu, Oct 2,2014
Type: Tradeshow
:952-881-5030
: http ://www.condohoaexpo.com/
Sponsor: Solefest, LLC
nf Sat, Oct 4,2014
Type: Consumer Show
954-5t2-4L87
ite: http://solefestcom/tickets/
lnternational Showcase Fall 2Ol4
Sponsor: feweler's lnternational Showcase, lnc.
: Thu, Oct 9 / Fri, Oct 10 / Sat, Oct I I and Sun, Oct 12,
4
t Type: Tradeshow
: 561-998-0205
ebsite: http ://www.jisshow.com/
Xtreme Dance Competition
Sponsor: Showbiz Xtreme
: Sun, Oct 12,201+
Type: Consumer Show
tact.r. 972-681-7177
: // wwws h owb i zx tre m e.co m / t aculty / f acu I ty.h tm I
228
Miami Beach Visitors &International Surface Event 2014
Sponsor: Hanley-Wood, LLC
OCTr14 | Convention (conL)Mon, Oct 20,2014 / Tue, Oct 21,2074 / Wed,
22,20r+
nt Type: Tradeshow
ite : http : //www.su rfaces.co m/
lewish Tradeshow
Sponsor: The Global lewish Business Llnk, LLC
Sun, Oct 26 and Mon, Oct 27,2014
Type: Tradeshow
305-+60 -22 54 or 3 47 -802 -7 899
Volleyball
Sponsor: Coastal Volleyball
Sun, Oct 26 and Mon, Oct 27 ,2014
Type: Consumer Show
r 805-701-3156
ebsite: http://www.coastalvolleyball.com/
Americas Food & Beverage Show
Sponsor: World Trade Center Miami
: Mon, Oct 27 and Tue, Oct 28,201+
Type: Tradeshow
305-871-7910
fames Beard Foundation
Website:
httpl//www.americasfoodandbeverage.com/
Pursuing a nomination for Kris by
beginning with an Awareness Campaign
among voters and influenUal, leading to
October nominations and an ongoing
campaign. This would include a dinner --- SOON -- which leads up to candidate
nominations and May announcements and
awards,
Dintng / Corporate Program
Conclerge Program
Promotion on "Private Dining" on Open table
-Direct communication with M iami's Destination
Management Companies
Marketing materials are being created.
- Direct communication with concierges
around Miami- Partnership with South Florida Concierge
Association- Pafinership with "Concierge connect''
229
230
231
WFOR
wTv,
WSVN (after a pause)
CBS Saturday Morning
Fox & Friends
Sponsor: Blue Star Productions
n: Fri, fan 2 - Sun, lan 4,2015
t Type: Consumer Show
5St-766-2800
ebsite: http://wwwdiscoverthedinosau rsco m/
Sponsor: Epic Spirit Ventures
: SaL lan f0, 2015
Type: Special Event
877-322-2310
Sponsor: Film, Stage & Showbiz Expo, LLC
n: Thu, fan 15, 2015
Type: Tradeshow
:272-404-2345
: httpr//www.smallbusinessexpo.co m/
Sponsor: Advanstar Communications, lnc.
: Fri, lan 15 - Sun, fan 18, 2015
Type: Consumer Show
: 310-857-7500
: http ://www.motorcycleshows.com/
nt Sponsor: Life Time Trialthlon Series, LLC
: Fri, fan 23 - Sa[ lan 24, 2015
Type: Consumer Show
ontact: 305-278-8568
ttp://www.usroadsports.com/Signature/M iami/
Ian 2015
t Sponsor: feweler's lnternational Showcase, lnc.
: Sat, lan 24 - Mon, lan 26, 2015
Type: Tradeshow
551-998-0205
ebsite: http://www.jisshow.com/
vent Sponsor: George Little Management, LLC
n: Fri, fan 30 - Tue, Feb 3, 2015
t Type: Consumer Show
239-732-6642
ebsite:
/www.originalmiam ibeachantiqueshow.com /
232
FEB'15 Programs reyiew and modification {if External. Partnership/Endorsement. Marketing Tools
lnternal. Client email capture distribution. Web Letter. Destinationmarketing. Miami Beach influential / political integrarion. Formal lnfluential /Media
relations event
Check presenter contain feedback card
Wine tasting as well
Assess and determine level of Events managcable in
Social media promotional plan
SEO & Key words
Discuss / decide on concierge drops and messaging -
Ongoing Pre-Fixe Menu offers for rotation
Culinary driven Signature Cocktails Program
Yelp and Opentable / maximize integration with their
services
All online imagery and copy regularly scouted and
reviewed
1 Locally sourced meats and seafood B6oh Soh go/o
2 Locally grown produce 86% 3o/a ll%o
3 Sustainabiliry 82oh 5oi, LToh
4 Nutrition balance children's dishes 79% 60/o tsah
5 Hyper-local (e.g. restaurant gardens,) 79oh l3o/o 9o/o
6 Children's nutrition 79gb 50/o 160A
7 Sustainable seafood 79o/o 8o/o l3Yo
8 Gluten-free/food allergy conscious lloh t}oh l\a/o
9 Simplicity/back to basics 77% 6Vo lToA
10 Farm/estate-branded ingredients 76Vo l4o/o l}srh
t 1 M icro-d istil I ed/artisan liquor I 4orfi lZ o/o BVo
12 Locally-produced wine and beer 73o/o lTo/o lso/o
t3 Half-portions/small for a smaller price 7Zofi lSo/n
t3%
t4 Organic produce 72oti l9oh l3ko
I 5 N utrition/health 7 Zoh 60/0 22%
16 Culinary cocktails (savory, fresh ingredients) 7l%
2r%8%
l7 Newly fabricated cuts of meat (e.g. Denver steak, pork
flat iron, Petite Tender) 690/o Zloti l}o/s
l8 Fruit/vegetable children's side items 690/0 ll?6 ZOVI
Ranked as researched, How can we best
these items and particularly for
sponsorship and or support oI new
nL Percentages will be explained)
numeration sequence:
"., I Trend/Overdone/ Perennial
233
FACT SHEET
Name. Oolite Restaurant & Bar / o'o'lite (Yo-?-?lit\) n.
Definition: particles composing limestone and coral, the Bedrock of the Florida Peninsula
Address: 1661 PennsYlvania Ave
Miami Beach, FL 33139
at 17th Street
Just two steps off Lincoln Road
Chef Partner: Kris Wessel
Manager: Frank Scottolini
Reservation: (305) 907-5535orOpenTable
www.ooliterestaurant.com
DiningStyle: CasualElegantCuisine: American (Regional)
Price: $30 and under at Lunch
$50 at Dinner
Operation: Lunch Daily: 12pm - 3:00pm
Dinner:
Tuesday - Thursday: 6:00pm - 11:00pm
Friday and Saturday: 6:00pm - Midnight
Sunday: 6:00pm - 11:00pm
Ambience: Design is Modem Craftsman, Mid Century references, wood, glass and Oolite stoneDesigner: Jeff Vaughan, Kris Wessel and Teresa Estevez (collectively)
Parking: Public Lot self parking garages are located on 17th Street between Meridian and Pennsytvania, and
at the New World Center on Lincoln Road Lane, just off Pennsylvania Avenue br $1 per hour.
Payment Visa, MasteCard, AMEX
Dress Code: CasualWalkJns: Yes
Amenities: Wine and Spirits Beer, Full Bar, Personalwines welcome(corkage fee applies),Takeout, Weekend
Brunch, Wheelchair Access, Banquet, Chefs Table, Non-smoking Area (Patio/Outdoor) Alfresco
Dining
Smoking: Patio only
Private Room: 140 seat dining room available for buyouts
Large Private room up to 40 guests
Small Private room up to 10 guests
A.V. capabilities
Bar: 60 seat Bar, Bar Dining, Bar Lounge
Happy Hour: Everyday - 4pm to 7pm
OolTre
234
UilItt'
FOR IMMEDIATE RELEASE
KRIS WESSEL OPENS OOLITE RESTAURANT & BAR
Florida Regional Cooking 3.0 from the Native Son
South Beach Florida, July 1.2014_Kris Wessel has opened Oolite Restaurant & Bar, a complex and
ambitious South Beach Hospitality project.
Oolite (pronounced ooo-light) Restaurant & Bar, is located just two steps offLincoln Road at l66l
Pennsylvania Avenue. and is named for the F lorida bedrock, limestone and cora! rock fbundation that
composes the bedrock of Florida.
The James Beard nominated chef. is partners with Roman Cherstvov in the grandly scoped project
composed of an expansive 200 seat space. 60 person Bar and two Private Dining rooms. Oolite wilt feature
healthful dining.
"l am showcasing what I love." said Wessel. "regiona!. local cuisine concentrated in simplified
plating of land and sea protein-driven offerings".
The kitchen will produce true locavore cuisine that uses natural flavors instead ol'chemical
enhancements. There will be strict adherence to limited or no use of processed ingredients. gluten. and
saturated fats.
"This is Regional Florida cooking 3.0 and the evolution is healthy componenrs." said Wessel.
referring to his stint as chef owner of the beloved Red Light l,inle River, a f'unky bur cherished space wirh a
loyal following for its fresh. regional tbod prepared every night by Wessel: and thereafter (2012), Wessel
opened Florida Cookery at fte James Royal Palm Hotel. based on recipes from Esther Wessel's kitchen and
the Wessel family's 90 year history in South Florida.
:MORE=-
235
U-ilItr:
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Wessel fans are relieved however with the fact that within the healthy framework Wessel has lound
room to continue with his signature dishes including BBQ shrimp. gumbo and rabbit crepes. The latter
cooked as his fait accompli for the win on Chopped.
"This commitment is thought through"" Wessel explained. "l look at my beautiful daughters and I
only want them to eat the finest healthiest ingrediens. This is the direction all food is evolving."
Oolite. he went on, is the natural progression of where food choice is trending. even recognizing
such menus at fine dining at the very highest level.
"With Oolite. we bring a healthy. gluten free. processed free concept on a local favorite restaurant
platform."
ffi
Page2 ol2
Contacts
Oolite Resteurant & Ber
Menager Frank Scottolini
166l Pennsylvenie Avenue
(30s) 907-ss3s
llledia
Frenk Flynn
Powerheus
9tt 732 63t3
frank@oower-baus.com
236
(hl Ttt'
BACKGROUNDER
Kris Wessel and Oolite Restaurant & Bar
The path to Flodda Cooking 3.0
Kris Wesscl Miami nalirc son has applic'd his crali lbr twenty ),ears as a local Florida ('hcl'and
Restaurateur. Kris hus created onc ol'the mosl inrportarrt dialogues bctrvcclt the brlunt-r'of the Southctrsl resion's
rL.riourccs. culturc and cuisinc. Wesscl rvas born in lil.rrida. but has a culinarr DNA lornrcd in Nerr ()rlcans. ,,\s
a tecnager Kris stalked thc kitchens t'r[ tourist crortded. l:rench stt'le rcstaurants: gnining skills [rr. nmnirrs.
prepping and cooking.
Wessel completed his Bacheltrr's deqree in l-lotel Restaurant Managernent at Florida lntcrnational
Universit!'(Mianri) and an apprentice tour in [:urope. staging at Michelin starred reslauranls in Austritr. Spain.
France and ltaly. His working career hegan with Mark Militello al Mark's Place. Ovcr lhe coursc ol-thrcc vr.ars.
he traincd up from Sous Chef to Exccutivc Chel.
llis t'irst Owner - ()pcrator conccpt. Paninoteca a [:urostvle sandrtich slrop. opcncd on l-irrct,lrr Road
(1996). Paninoteca was a comnrcrcial success and nrorc inrporrantly. introduccd thc cmlismanship und
peruonalitl ol'Kris Wc'sscl ltr the cturnruniLl. llis bluc collar e'thics $'crc noticcd uncl ernbraccd hr his
consumer. the media and the conrnrunitl.
Wessel ltrllowed u.ith Liaison. Wessel sculpted and cultil'ated the arrlul Florida - l-ouisiana e ulinan
based restauranl into his signaturc culinary statement and destination. Gucsts and lnedia flockcd to lhe
restaurant housed in a landmark deco era building just ol1- hipster lrspanola \\ta1. (iuests enrered in thc sea
breeze thrr:ugh the restored hand carved rvooden bi-li)ld doors. and l'loor to ceiling srvar,ing uhite cotron
cuflains. -l-hc'n past the mctal bar and transported into an cnl'ironrnent cloned tium thc Quartt'r. Wcsscl's
prescient vision and nearl.v perlect pitch uith l.iaison gave hirn thc credibililv to Brand a cuisine dirccriorr. llc
creatcd Ncw Meditcrranean ('uisinc at Ijlia tl00l) in Ual Flartour Shops. 'l'his trolcl starcrncnr ol'a
comprchensive branded culinary direction lrom a ),oung chel'placed Wessel onto the national stage. ln the rcn
brief pc'riod of l8 months he established the imprimatur oI the cuisinc. received a "Rising Star ot'Americarr
Cuisine" noticc tiorn Star C'hctls. and sowed additional seeds r,'ith national rncdia including thc New York
Tintes. Food & Wine. I'he Washinglon Post and NB('. Wessc'l staged and hosted a dinncr uith Patricia
Quintana to undcrpin his philosophl that llcgional cooking is rrot orrly gr.'ograph.r,hut cniatility in rcxturirrg
flavor lionr indigcnous rcs()urces. l-lis Ncrv Mediter!'ancan -lames Beard Foundation l)inner rlas ertrernelr
successful and introducinu hirn to thc New York lbod world.
Most lirllowers considered Liaison Wessc'l's nrasterpie'cc until he opened Rcd Light Littlc Rivcr (20tt6).
Wesscl turned the lirnky rivc'rside spot uith a pollutcd river tlrat was killirrg the Manatee nrigration lnd thc
Manatces. into a l'unkr nationally recoqnized lood destirralion. ln a rrhirlrr,ind ()nc nlarl renovation the derclict
building uas reclaimed and the l.ittle River clean-up canrpaign \\ls born.'l'he Manirtces returned and \\'csscl
redelincd Florida Regional ('ooking.
237
(}rl Itt'
1-hc rangc in the mcnu u'as uncharacteristicalN lirnited hur drivcn trr thc lact that \\'esscl *r'r,, U ,.trr.
changcs daill in cc'nain llsh items becausc hc rJrovc to thc docks tr) mect thc boats or t'ishmonecrs bclirrc dann.
returning thc fish tirr storaue at Red Light then slrinuing hack to pick up his daughtcrs t'or school. thcn rcturning
Ior a maslcrlul onc ntan kitchen perlbrntance t'or each dincr. -l'hc Rcd t-ight uppcal residcd in thc detcrnrinatiorr
and Blue C'ollar uork cthic ol'Kris \l'cssel. A do/Bn intitators har,c uscd the Llisca-rne Boulcvard "ncighhr.rrhood
catr'r1" tcnrplatc. But the nragic and dentand uas crcutcd rrith the original. a horn cnd hrcd Mianri natilc st'rr
rrho greu up lo beconrc possibll,thc mosl originalol'all Miarlir,heli uho rnatclr local ilrgredicnts and ccnlinlr
thc rnost adrenlurous in creatinu cuisinc.
Rcd t.ight \\As a hip Road House dining expcrience ollbrin-c divcrsitr. t'ronr rich cthnic irc'nrs ro tlrc
kitschl Alnerican ljlorida crtmlbn lirod. llis lircus nas noticcd br a.lames Bcnrd l-oundation nomination lirr
"lJcst ('hel'- South Rcgion." (1010). Rcd t.ight uas tl'alurcd pronrincntlv in llon Appctir arrd rhc Nr:* \'ork
"l'itncs. thc latter stating his 100 seat "rcgional dining" c()ncept \\as one ol'the " l'op 5" destinatipn re\taurailtr in
Miami. Rcd light bccotne a lictim of thc succcss it creatcd on Bisca,vnc lloulerard. Rcal r,-slatc priccs nrsc and
thc attaching building sold. Wcssel rras pushed out olhis conccpl mastcrpiece.
Wesscl moved on (2012) uith l.lorida ('ookery ol'thc Janres Roral Palnr horel. llerc.. his l'ocus rras on
atrthenticating Rcd l.ight's Resional appnrach. He deepencd his conrrnitmcnt and l:lorida ('ooken \r'as n()l onl\
inllucnced hy Red Light it was gir'en breath h1 a cookbook dating back to lQ.l3 lbuntl in his grandrlolhcr
l]sthcr's kitchcn on Mianri lJcach. ln June Jtf l{. \['esscllnnounced thc opcning of oolitc Rcstaurarrt & Bar.
Oolitc received,j.-s stars lronr rhc Miurni llr:rald lirr Cthcf []artncr Kris Wcsscl's original ]lcalthr
Regional fjare'cttttccpt inspired br1 thc ttrod culturc t-r1'the [rlorida rcgion. the Arnerican S6uth. the C'arihbuan
and South Anterica. l-hc tnc-nu ol'hcalth-r' hased cuisirte is gluten free and prorcin specilic. Oolirc's dirersc
kitchen technique uses modcrn and traditional apprtraches (o produclion including slou,erxrking- poaching.
stcaming. smoking. grilling. dchldratinu and preserving.'l'hc crcutive sr-asonal nrr,'nu identilics uirh locals urr
lartlrite lood usc and recipes. Oolite is two steps ol1'l.incoln Road. ad.iaccnl t(r the ('6nrcntiorl ('entcr u11tl t6c
Fillnrorc"l'heatcr. Oolitc's Cralisman intcrior rcl'ercnces nrid ccntun Anrcrican rvith hand cralicrl rrootj tablcs.
uuinscoting. glass tile and purc Oolitc lirnestonc.'fhc Artisanal uine and becr prograrn rras singlcd prrt lirr
originalit_r.
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238
( Irl itt'
Contact
Oolite Restaurant & Bar
Menager Frank Scottolini
t66l Pennsylvania Avenue
(30s) e07-ss3s
Medir Contact
Frank Flynn
Powerheus
954 732 63t3
fre n k(0 oower-he us.com
www.oower-hlus.com
Page2 oI2
901 words in backgrounder
946 totel words
239
KRIS WESSEL
Long Blo
Miami Native Son - Child of the Rising Sun
Loca! Flodda Ghef/ Restaurateur
For twenty years, Kris Wessel has created one of the most important dialogues between the bounty of
the Southeast region's resources, culture and cuisine.
Wessel, bom in Florida, has a culinary DNA formed in the great food city of New Orleans. Early and
throughout his teenage years, he had a love affair with the kitchens of tourist crowded, French style
restaurants; gaining skills by running, prepping and cooking. A121, Wessel completed his Bachelor's
degree in Hotel Restaurant Management at Florida lnternational University in Miami. Wesselfollowed
this with an irnmeasurably valuable nine month apprentice tour in Europe, where he staged at
Michelin starred restaurants in Austria, Spain, France and ltaly.
Wessel began his working career in eamest under the tutelage of founding Mango Gang pioneer,
Mark Militello at Mark's Place. Over the course of three years, he trained up from Sous Chef to
Executive Chef. This experience and his ambition motivated the launch his first Orner - Operator
concept. Paninoteca a Eurostyle sandwich shop, opened on Lincoln Road in 1996, Paninoteca was a
commercial success and more importantly, introduced the craflsmanship and personality of Kris
Wessel to the community. His blue collar ethics and workmanship were noticed and embraced by his
consumer, the media and the community.
ln three years time, Wessel followed with Liaison. He built Liaison with his own two hands. Wessel
sculpted and cultivated the artful Florida - Louisiana culinary based restaurant in a chef driven
concept. Liaison became his signature culinary statement and destination. Guests and media flocked
to the restaurant housed in a landmark deco era building just off hipster Espanola Way. Guests
entered through the restored hand carved wooden bifold doors, and floor to ceiling white cotton
curtains swaying in the sea breeze. Then past the metal bar and transported into an environment
cloned from the Quarter.
The ambience shrouded you in palpable, perfectly balanced lighting. Sconce and fixtures threw
sufficient light to find your way but cloaked you in an atmosphere of another time. Recovered wood
floors sometimes spoke to you in creaks explaining the vintage stories of its past. Wessel was
encased in a partially visible kitchen only slightly larger than a New York City Galley kitchen
occasionally jetting by in the open space, sometimes stationary while he contemplated over the finish
of a plate about to be picked up and other times looking out at his fans and ftiends and flashing that
famous smile. But ahrays producing a dining experience so unique it demanded and deserved allthe
attention it received.
Wessel's prescient vision and nearly perfect pitch with Liaison gave him the credibility to Brand a
cuisine direction. He created New Mediterranean Cuisine at Elia (2003) in Bal Harbour Shops.This
bold statement of a comprehensive branded culinary direction from a young chef placed Wessel onto
the national stage. ln the very brief period of 18 months he established the imprimatur of the cuisine,
received a 'Rising Star of American Cuisine" notice ftom the James Beard Foundation and Star
Chets, and sowed additional seeds with national media including the New York Times, Food & Wine,
The Washington Post and NBC. Wessel staged and hosted a dinner with Patricia Quintana to
underpin his philosophy that Regional cooking is not only geography but creativity in texturing flavor
from indigenous resources. His New Meditenanean James Beard Foundation Dinner was among the
most successful ever presented.
The matching and layering of flavors using regional foods that touched upon the Mediterranean
yielded the unexpected and potent results of a 1953 52nd Street after hours Bop session.
240
Wrile most followers considered Liaison Wessel's masterpiece he opened Red Light Little River in
2006. Wessel tumed the funky riverside spot with a polluted river that was killing the Manatee
migration and the Manatees, into a funky nationally recognized food destination. ln a whirlwind one
man show he renovated the derelict building with his own hands, organized and then led a Little River
clean-up campaign. The Manatees returned and Wessel redefined Florida Regional Cooking. The
range in the menu was uncharacteristically limited but driven by the fact that Wessel would have
changes daily in certain fish items because he drove to the docks to meet the boats or fishmongers
before dawn, retum the fish for storage at Red Light and swing back to pick up his daughters for
school, returning for a masterfulone man kitchen performance through Lunch and Dinner.
The Red Light appeal resided in the determination and Blue Collar ethics and work ethic of Kris
Wessel. A dozen imitators have used the Biscayne Boulevard "neighborhood eatery" template. But
the magic and demand was created with the original, a born and bred Miami native son who grew up
to become possibly the most original of all Miami chefs who match local ingredients and certainly the
most adventurous in creating cuisine.
Red Light was a hip Road House dining experience offering diversity, from rich ethnic items in the
Haitian Style to the kitschy American comfort food of Florida. His concentration and focus was noticed
by a James Beard Foundation nomination for "Best Chef - South Region," (2010). The media noticed
as well. Red Light featured prominently in publications such as Bon App6tit and the New York Times,
the latter stating his 100 seat "regional dining" concept was one of the "Top 5" destination restaurants
in Miami. Red light became a victim of the very success it created on Biscayne Boulevard. \Mth the
real estate prices rising and the attaching building selling, Wessel was pushed out of his concept
masterpiece.
Wessel moved on in 2012 with Florida Cookery of the James Royal Palm hotel property.Here, he
began his vision with the work he had focused on authenticating Red Light. He deepened his
commitment to Regional fare and the accessible approach. The concept would evotve and be
centered in the Wessel DNA. Florida Cookery was not only influenced by Red Light it was given
breath by a cookbook dating back to 1943 found in his grandmother's kitchen and the Wessel family's
90 years on MiamiBeach.
By June 2014, Wessel announced the opening of Oolite Restaurant & Bar. Oolite is the foundation
baserock of the Florida peninsula, beaches and in the coral bedrock of surrounding shores.
Ambitious, robust and accessible, Oolite, a casual contemporary restaurant, is foremost a healthy
dining concept constructed with the signature flavors and culture of the Region. Located in the heart
of Miami's South Beach just two steps off Lincoln Road, Oolite is housed in a Frank Gehry Building
and neighbor to the New World Symphony; an emerging Arts District; Oolite is adjacent to the
Convention Center and the Fillmore. There is no other 200 seat fine dining establishment with such
destination assets.
The focus of menu items is on healthy aspects of Plant, Land and Sea Protein are influenced by the
cuisine and product of the Region; Florida, the Gull the Caribbean, and the American eaitern
seaboard. The goal is a fresh and flavorful menu of healthy benefit. A 'new' way of dining that
incorporates almost zero processed ingredients, gluten or saturated fats. Wessel's authentic,
progressive Healthy Regionalcuisine is framed in a 3.0 version, the evolution being Red Light, Florkla
Cookery and now Oolite Restaurant & Bar amplifies Wessel's credibility to create originJl Regional
concepts.
Wessel's community involvement is unquestionable. He applies himself intensely to causes for
Children, Hunger and the Environment. He is a leader by his example and has earned a true respect
of his peers as a leading culinary figure. \Mren he is not answering to 'Chef!" he is answers to
"Papa". Wessel is father to two beautiful girls, Natasha 15 and Anais 10.
**#
241
LUNCH MENU
EAT NOW
Fried green tomato 9 ln rightful hands 14 Grilled "safe Chicken,,, 11
Arepa & romescu sauce Wessel's BBQshramp mango & lime
Goat cheese, 9 SmokedYellowJack& 12
malbar brussel pops saltykeytime zucchini
sArlDs
Spinach salad, Poached Egg, Creole Mustard Vinaigrette
Extra
Bocon protein +3
Savory 3 Grain 3 Flavor Salad Platter
Florida Summer salad, Anocado, cucumber, iceberg temon & cllantro
super protein, lemon quinoa salad and wheatgrass vichyssoise
VEGETABLE PROTETN
3 Squash Hash, Dehydrated Vidalias & 7 Black beans (vegetable) 7
Flax
non gluten+eallycheesy Mac n Cheese 7
Green of Day Plate Thank G.O.D. 10
crrrnchy asparagus, spinach & G.o.D. steel corn grits, chicken stock, cheddar 7
Cauliflower 7
Kale chevre gratinee
Basmati rice or Brown Rice 7
12
14
11
7
rloLlii - i()(r1 FtNNsyt ,,.fA\tr. avi utAl1t BEAi h. FL _- iti)5;,r07-55?.
242
SANDWICHES
t,i(t-.t: ,|t(':,i.)i !i.;ii i:!i:{10! ,r 'i t.li i.t./li, il.4 ,;;,,.it,ij:.. !.,].rL'( : ,r. .:'
Fresh Fish 16 Ground Proteln Burgers: Veg-Quinoa- 11
Lime fennel greens, spiry hr.rmmus Lentll or Turkey
W cheese or avocado butter
Grilled "Safe Chicken" 1 1 Eftro + 3.s
Mango & Lime
Extra
Bocon +3
Jessica'S #5 Portobello Mushroom 12
House dried tomatoes, mozzarella & fun green
mix
SOUP N'BROTHS
Coconut{onch, Salsifif &- Corn Chowder
Brown rice<rab stuffed chayote & shellfish broth
SEA PROTEIN
Fl. White Water Clams, Lentil Rota, Tumeric Aioli
Freshest Seafood Dream today (ask server)
Hemlsphere Coruina curry peppers & caloloo
ANTMAL PROTEIN (COMESWITH CHOTCE OF SQUASH HASH, BLACK BEANS,
BROWN OR BASMATI RICE.
Palomilla Steak "Hialeah" Sqrle
Lechon (Pork)Sour Orange &. Onlons
Ropavleja (Hand Torn Beefl
11
12
14
24
22
22
19
20
243
Sour Orange Rotisserie "small farm" Chicken
Size
Holf 17 Whole3O
Summer Mango Pie
Sour Orange Flan & Masa tulle
$T'EET FINlSH
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244
DINNER MENU
QUICK EATS
Litchl, Sour Ginger, 14 Brussel Sprouts, Creole 8 [ime grilled Chicken & 11
SnapperCrudoYPepltas GoatCheese Pops mango
Soup N' Broths Lime 11 ln Rlghtful Hands 14
Grilled Chicken & Mango Wessel'S BBQShrimp
Fried Green Tomato 9 Fl. White Water Clams, 15
Arepa & Romescu Sauce Lentil Roti, Tumerlc Aioli
SOUP N'BROTHS
Coconut-Gonch Salsify & Corn Chowder
Just Green Mchysolsse & Super Protein, Quinoa
SAIADS
Avocados Limes Y Tostones.(Frled Plantaln s)
Spinach Salad, Poached Egg, Creole Mustard Vlnaigrette
Meat
Bocon protein +3
Savory3 Grain 3 Flavor Salad Platter
Mushroomg Wild Onions, Greens& Morbler
11
9
8
12
11
10
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245
SEA PROTEIN
Jack Fruit Grilled 27 Malne Lobster 3 "Surf N Surf'Platter 38
Swordfish Pea Shoots & (1.5lbs.Key Lime Broiled ) Crab Crlsp, Fl. Fish Sear
Almonds stuffed mussels&old
Whole Grilled Fish! Market sour
Sauteed Coruina Curry 26 (ChefS Prep) Meat
PePPers & calaloo Bacon protein + 3
ANIMAL PROTEIN
Palomilla Steak 20 Char Grllled Rlbeye 4 Curry Goat& Guana 24
'Hlaleah" Style
Joyce Farms Key Lime Fl. Orange-Tamarlnd
Grass Fed Flank Steak 24 Chicken Rotisserie Rotisserie Duck & Brazil
Broiled Tomatoes Size Nuts
Lechon (pork)sour 19 (k)17 whole3o size
(h)24 Whole42
Orange & Onlons Dryrrub, Smoke.
Greote Roasted oxtart 26 Braiseguanabana Rlbs
Size
Ropa Meja (Hand torn 18 Smoll14 Large26
beeO
VEGETABLE PROTEIN
Green of Day Plate Thank G.O.D. 10
Corn-Rlce Spaghetti, Tomato, Basi!, Garllc, Parm 18
Cauliflower - Kale Chevre Gratinee 8
3 Squash Hash Dehldrated vidalias & Flax 1 1
OOLITE _ 'I6b1 PENNSYLVANIA AV€ MIAMI BEACH. F L -- {]05; 907-59]:
246
PROTEIN SIDES
Steel Corn Gritq Chicken 7 Organlc Chlcken Stock 7 Bazmati Rice/Brown 7
Stock, Cheddar Poachedvegetables Rlce
Non Gluten-Really 7 Coconut Milk Salted 7 Black Beans (Vegetable) l
CheeseyMac N Cheese Potato Mash
FI.AT BREAD
1.1{lde iti ltolt\e
Rlce Flour Sesame Crispy Flats 7 Masa Tart:Onlon, Splnach & Cheese 7
Size
SliceT WholelT
$A'EET FINISH
Wessel'S Mango Ple, House Jam & 8 Fl. Honey Roasted Fruit Du Jour wlth 1 0
Almond Crust_ Hot Cheese Fondue and Chla Granola.
Chocolate Dance 12 Sour Orange, Dulce Flan wlth White 8
Fruit of the season paired with chocolate and Masa Tuile.
chefs technique of choice
SeasonalArocadoCheesecake,Honey 8
Yogurt & 6reen Pumpkin Seed Crust-
SNACK PI.ATES
Combo of 3
Cookies
Chocolate
21
7
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(}ll Ttt'
FOR IMMEDIATE RELEASE
KRJS WESSEL'S BRUNCH AT OOLITE RESTAURANT & BAR
Ultro Cool and High volue
South Beach Floridr, Septcmber 10, 2014* Brunch, the great national dining pastime for
Americans young and old recovering from their weekend or preparing for the week ahead has begun at
Oolite Restaurant & Bar. (https://twitter.com/OoliteMiami;
https://www.facebook.com/OqlileMiami?ref=hl; www.ooliterestaurant.com;
https ://twitter.co m/ I chefl river)
The Oolite Brunch kicks off this Sunday, September l4th,2014 and will run from 11 a.m. to 5 p.m.
Bluefay( https://www.facebook.com/blueiaymusic), Miami's own ultra cool, indie alternative folk
pop trio of cello, guitar and harmonies will perform throughout.
The real star of the day, Kris Wessel's Gluten Free, Healthy Regional Fare will be offered in two (2)
value packages. The Beach Package ($26.99) includes a gluten-free a la carte item ( Huevos Rancheros,
Eggs Sardou, Key Lime & Garlic Rotisserie Chicken, Roasted Banana French Toast [shown]), house-baked
confections, fresh fruit bar, and soft beverages. The Beach Party Package ($39.99) includes the Beach
Package - plus -- bottomless Mimosas and Bloody Marys.
About Oolite
Oolite recently received 3.5 stars from the Miami Herald for Chef Partner Kris Wessel's unique. original
concept of Healthy Regional Fare inspired by the food culture and the bounty of producr in rhe region of
Florida. the American South. the Caribbean'and South America. Created as a healthy based cuisine. the enrire
menu is glulen fiee and protein specific. Oolite's kitchen is diverse in technique using modern and time tested
approaches to production including slow cooking. poaching, steaming, smoking. grilling. dehydrating and
preserving. The seasonal menu allows lbr a continual creative approach while always identifying with locals on
favorite food use and recipes. Destined to become an icon and housed in a Frank Gehry building. Oolire is just
two steps off Lincoln Road. adjacent to the Convention Center and the Fillmore -fheater. Oolite's Clrallsman
interior design references mid century American with lush wood hand crafted tables and wainscoting. glass and
pure Oolite limestone rock. The Artisanal wine and beer program was singled out for originality. Total capacity
is 284. with two private rooms for groups; Outdoor Dining: Reservations required: l,unch and Dinner. Catt
(305) 907-5535 or go to Open Table.
272
00litt'
Contact
Oolite Resteurant & Ber
Manager Frank Scottolini
166l Pennsylvenia Avenue
(30s) e07-s535
Media Contact
Frank Flynn
Powerhaus
954 732 63t3
fra nk@) power- ha us.com
Page 2 of2
l5E words in release
410 words total
273
(I
FOR IMMEDIATE REI,EASE
KOMBUCHA: THE RISING STAR ON OOLITE BAR
THE BAR AT OOLITE RESTAURANT IS HYPERACTIVE
South Beach Florida, August 20, 2014_ Kombucha has arived at the Oolite Restaurant Bar.
Kombucha, originated in Asia and migrated through Westem Europe at the turn of the last century.
Kombucha tea has a unique fermentation process creating a symbiotic colony of bacteria and yeast, or
SCOBY. which propagates itself. When added to sweetened black tea, the colony ferments into Kombucha
tea.
"l have been drinking Kombucha for l7 years." explained Chef Partner Kris Wessel. "My ex wife
always had a jar l'ermenting in our refrigerator. Since she is a top researcher in Biologics at the University
of Miami. I agreed with the logic."
The mother culture used to ferment the Oolite Bar Kombucha was given ro Kris Wessel by Susan
Byner. a friend, a competitive body builder and a health enthusiast. Kombucha. popular as a probiotic
food. saw 29 percent combined growth across all channels from February 201 3 to February 20 14.
according to market research firm SPINS. Or about $125 million dollars generated from scanned sales.
-Part of the Kombucha anraction is being able to brew it at home." said Wessel. "Aside from the
naturally occurring probiotic benefits, I see a trend much like Craft Beer. where Bars like Oolite make an
exceptional. healthy. revitalizing. elTervescent beverage with a range of nourishing organic acids."
While the wide mnging Kombucha benetits have been contested. a Cornell University srudy
attributes the positive anti-microbialactivity of Kombucha to its acetic acid content concluding
Kombucha may be a healthful beverage in view of its anti-microbial activity against a range of pathogenic
bacteria which may promote immunity and general well being.
So much for the science. the Oolite Bar, which is going hyperactive with a new Happy Hour.
Culinary Cocktails and a series of branded spccialty cocktails now has a set of Kombucha beverage
options. including lced Green Kombucha Tea ($7.) Kombucha Kamikaze ($ I I .) and Kombucha Shots
($7.1
)lTtt.
=:MORE:
274
(hl Trt.
"We have an 825o/o dilution on this tea." said Wessel. "but we want our guests to know that there
could be adverse effects with anyone suffering from a lactic acid condition.
Tangy, effbrvescent and tasty. it's easy lo leave the debate on probiotic benefits when the beverage
is this delicious.
About Oolite
Oolite recently received 3.5 stars from the Miami Herald for Chef Partner Kris Wessel's unique. original
concept of Healthy Regional Fare inspired by the food culture and the bounty of producr in the region ol'
Florida. the American South. the Caribbean and South America. Created as a healthy based cuisine. the entire
menu is gluten free and protein specific. Wessel was nominated for Best Chel'South (2010) by the James Beard
Foundation. Oolite's kitchen is diverse in technique using modern and time tested approaches to production
including slow cooking. poaching. steaming. smoking. grilling. dehydrating and preserving. The seasonal menu
allows for a continual creative approach while always identifuing with locals on favorite food use and recipes.
Destined to become an icon and housed in a Frank Gehry building, Oolite is just two sreps off Lincoln Road.
adjacent to the Convention Center and the Fillmore 'l"heater. Oolite's Craftsman interior design references mid
century American with lush wood hand crafted tables and wainscoting. glass and pure Oolite limestone rock.
The Artisanal wine and beer program was singled out lor originalitv. Total capacity is 2E4, with tu,o private
rooms for groupsl Outdoor Dining; Reservations required: Lunch and Dinner. Call (305) 907-5535 or go to
Open Table.
ffi
Oolite Restaurent & Bar
Frank Scottolini
Dining Room Manager
305 907 5535
fren k@oolilerests u ra n t.com
Media Contact
Frank Flynn
Powerhaus
954 732 63t3
frr n kf4) power- h a us.co m
Page 2 of2
364 words in Release
607 words totel
275
u
FOR INFORMATION AND RELEASE
OOLITE RESTAURANT & BAR
BOILERPLATE MESSAGING
Florida Regionel Cooking
South Beach Florida, August 2014
About Oolite
Oolite recently received 3.5 stars from the Miami Herald for Chef Partner Kris Wessel's unique, original
concept of Healthy Regional Fare inspired by the fiood culture and the bounty of product in the region of
Florida. the American South, the Caribbean and South America. Created as a healthy based cuisine. the entire
menu is gluten free and protein specific. Wessel was nominated for Best Chef South (2010) by the James Beard
Foundation. Oolite's kitchen is diverse in technique using modern and time tested approaches to production
including slow cooking. poaching" steaming, smoking. grilling, dehydrating and preserving. The seasonal menu
allows for a continual crcative approach while always identiling with locals on favorite fiood use and recipes.
Destined to become an icon and housed in a Frank Gehry building. Oolite is just two steps off l,incoln Road.
adjacent to the Convention Center and the Fillmore Theater. Oolite's Craftsman interior design ref'erences mid
century American with lush wood hand crafted tables and wainscoting. glass and pure Oolite limestone rock.
The Artisanal wine and beer program was singled out for originalitv. Total capacity is 284. with two private
rooms for groups: Outdoor Dining; Reservations required: Lunch and Dinner. Call (305) 907-5535 or Bo to
Open Table.
iliIt,'
###
Oolite Restaurant & Bar
Frenk Scottolini
Dining Room Manager
305 907 5535
frank@ooliteresta u ranl.com
Medir Contect
Fmnk Flynn
Powerhaus
954 732 63t3
frenk@power-haus.com
Page2 ol2
192 words in Boilerplate
231 words totel
276
(I.rlitt.
FOR IMMEDIATE RELEASE
KRIS WESSEL R.ECEIVES ].5 STARS FOR OOLITE RESTAURANT & BAR
RUN DON'T WALK TO OOLITE
Florida Regional Cooking ls Prriscd by Miami Herald
South Beach Florida, August 1,2014_ Kris Wessel received a glowing 3.5 star review from the
Miami Herald today providing absolute crtdihility to the James Beard nominated chet's complex and
ambitious South Beach project.
Oolite (pronounced ooo-light) Restaurant & Bar. is located just two steps off Lincoln Road at l66l
Pennsylvania Avenue. and adjacent to the Miami Beach Convention Center. is named for lhe Florida
bedrock. limestone and coral rock foundation that composes the bedrock of Florida.
"At Kris We$el's new Oolite, steps offMiami Beach's Lincoln Road," writes Miami Herald Food
Critic Evan Benn. "succulenl glistening slices of roasted duck combine with Florida oranges and tamarind in
a sweet-sour flourish that's /'Miami in the hest possible way. Oolite's commitment to gluten-free
ingredients cooked witb regionrl flavors does not limit its ability to impress."
The expansive 200 seat space. 60 person Bar and two Private Dining rooms has a diverse set of
dining options and experiences. but all are steeped in the healthy concept.
"This is the evolution in food composition." explained Wessel, "Oolite. is a natural progression of
where food choices ar€ trending. Oolite delivers a healthy. gluten free. processed fcrods free concept on a
local, favorite restaurant platform."
Wessel fans arc relieved however with the fact that within the healthy framework Wessel has found
room to continue with his signature dishes including BBQ shrimp. gumbo and rabbit crepes. The latter
cooked as his fait accompli for the win on Chopped.
"This is a thoughtful commitment." Wessel added. "l look at my beautiful daughters and I only want
them to eat the finest healthiest ingredients."
277
(I )lTtr
About Oolite
Oolite recently received J.5 stars from the Miami Herald for Chef Partner Kris Wessel's unique. original
concept of Healthy Regional Fare inspircd by the Iood culture and the bounty of product in the region of
Florida. the American South, the Caribbean and South America. Created as a healthy based cuisine. the entire
menu is gluten free and protein specific. Oolite's kitchen is diverse in technique using modern and tinre tested
approaches to production including slow cooking, poaching. steaming, smoking. grilling. dehydrating and
preserving. The seasonal menu allows for a continual creative approach while always identi$ing wirh locals on
favorite food use and recipes. Destined to become an icon and housed in a Frank Gehry building. Oolite is just
two steps off Lincoln Road. adjacent to the Convention Center and the Fillmore Theater. Oolite's Craftsman
interior design references mid century American with lush wood hand crafted tables and wainscoting. glass and
pure Oolite limestone rock. The Artisanal wine and beer program was singled out for originality. Total capacity
is 284, with two private rooms for groups; Outdoor Dining: Reservations required: Lunch and Dinner. Call
(305) 907-5535 or go to Open Table.
ffi
Contact
Oolite Restaurant & Bar
Manager Frank Scottolini
166l Pennsylvenia Avenue
(30s) 907-s535
Medie Contect
Frank Flynn
Powerheus
954 732 63t3
frank@power-haus.com
Page2 ol2
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{92 words total
278
THIS PAGE INTENTIONALLY LEFT BLANK
279
R5
ORDINANCES
280
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending
Chapter 46 Of The Miami Beach City Code, Entitled "Environment," By Amending Article ll, "Care And
Maintenance Of Trees And Plants," By Amending Division 2, "Trees"; To Amend The Definitions,
Purpose And lntent; Scope, Applicability And Exemptions; Permitting Application Requirements,
Notice And Procedures For Obtaining Permits; lmposing Criteria And Conditions For Tree Removal
And Relocation; Tree Replacement; Tree Preservation And Protection Requirements; Defining And
Protecting Heritage And Specimen Trees; Establishing A Miami Beach Tree Preservation Trust Fund;
;DefiningTreesConstitutingAPublicNuisance;ProvidingFor
Appeals; Enforcement And Civil Remedies; Prohibited Species; Duties And Authority Of The Urban
Forester; And Providing For ler; Codification, Severability; And An Effective Date.
Su Data (Surveys, Environmental etc: n/a
The City of Miami Beach (City) adopted the current version of the Afticte ll. Care and Ma'mtetnnce of
Trees and Plants Division 2 Trees code on November B, 2001. Since that time there has been
substantial positive growth of the City's urban forest. A major reforestation effort was approved and
initiated in FY 2006/2007. This effort, combined with neighborhood tree installations associated with
ongoing CIP projects, has resulted in '10,000+ reforestation trees in the City's streetscapes, parks and
other public spaces.
The primary goal for any urban forestry program is sustainability. ln order to adequately, protect and
increase the value of the urban forest the development of a strong tree ordinance is of paramount
importance. The City is currently subject to the Miami Dade County (County) tree preservation and
protection ordinance. The present City tree code lacks adequate specifications and is therefore not
officially recognized. The tree code has been redrafted to incorporate many of the tenets present in
the current Miami Dade County tree preservation and protection ordinance, with additional
specifications uniquely tailored for the City of Miami Beach's urban forest. Adoption of the revised
code will allow for an official exemption from the County tree removal permitting regulations, and also
provide a potential urban forest management funding source.
CURRENT STATUS
The final draft of the City revised Tree Ordinance has completed its first stage of internal review and
commenting from the County RER Tree Program, and has received initial approval for compliance
with the minimum requirements for exemption from the County Environmental Code. We are currenfly
in final review stages with County RER Tree Program. Should the Commission approve the Ordinance
on Second Reading, approval will be sought from the County prior to implementation.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON SECOND READING
AND IMPLEMENTATION ONCE FINAL COUNTY APPROVAL HAS BEEN OBTAINED.
This item was presented at the April25, 2014 Neighborhoods/Community Affairs Projects Committee
for discussion and further direction. At this meeting, the Committee recommended moving forward
with a draft Ordinance to the full Commission for approval.
Financial I nformation :
Source of
Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary:
Clerk's Office
t:\agenda\20 1 4\october\public works\tree ordinance -
AGENDA ITEil,l NsA# AAIAMIBTACH hAYE M-ea-ly281
g MIAMI BEACH
City of Miomi Beoch, 1700 Convenlion Cenler Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and oft ity Commission
Jimmy L. Morales, City Manager D READING
DATE: October 22,2014
SUBIECT: AN ORDINANCE OF THE MAYOR AND Clry COMMISSION OF THE Clry OF
MTAMI BEACH, FLOR|DA, AMEilDtNG CHAPTER 46 OF THE MtAMt BEACH CtTy
CODE, ENTITLED "ENVIRONMENT,'' BY AMENDING ARTICLE I!, "CARE AND
MAINTENANCE OF TREES AND PLANTS," BY AMENDING DIVISION 2, "TREES";
TO AMEND THE DEFINITIONS, PURPOSE AND INTENT; SCOPE, APPLICABILITY
AND EXEMPTIONS; PERMITTING APPLICATION REQUIREMENTS, NOTICE AND
PROCEDURES FOR OBTAINING PERMITS; IMPOSING cRITERIA AND
GONDITIONS FOR TREE REMOVAL AND RELOCATION; TREE REPLACEMENT;
TREE PRESERVATION AND PROTECTION REQUIREMENTS; DEFINING AND
PROTECTING HERITAGE AND SPECIMEN TREES; ESTABLISHING A MIAMI
BEACH TREE PRESERVATION TRUST FUND;
ANS-4RBOR+S+$iDEFINING TREES CONSTITUTING A PUBLIC NUISANCE;
PROVIDING FOR APPEALS; ENFORCEMENT AND CIVIL REMEDIES;
PROHIBITED SPECIES; DUT!ES AND AUTHORITY OF THE URBAN FORESTER;
AND PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends approving the Ordinance on the Second Reading and official
adoption once final Miami Dade County approval has been obtained.
BACKGROUND
The City of Miami Beach (City) adopted the current version of the Article ll. Care and
Maintenance of Trees and Plants Division 2 Trees code on November 8, 2001. Since that time
there has been substantial positive growth of the City's urban forest. A major reforestation effort
was approved and initiated in FY 200612007. This effort, combined with neighborhood tree
installations associatedwith ongoing CIP projects, has resulted in 10,000+ reforestation trees in
the City's streetscapes, parks and other public spaces.
The primary goal for any urban forestry program is sustainability. ln order to adequately, protect
and increase the value of the urban forest the development of a strong tree ordinance is of
paramount importance. The City is currently subject to the Miami Dade County (County) tree
preservation and protection ordinance. The present City tree code lacks adequate specifications
and is therefore not officially recognized. The tree code has been redrafted to incorporate many
of the tenets present in the current Miami Dade County tree preservation and protection
282
Tree Ordinance- Memo
September 10, 2014 Pase 2 of 3
ordinance, with additional specifications uniquely tailored for the City of Miami Beach's urban
forest. Adoption of the revised code will allow for an official exemption from the County tree
removal permitting regulations, and also provide a potential urban forest management funding
source.
A discussion related to the City's tree ordinance was presented at the April 25, 2014
Neighborhoods/Community Affairs Projects Committee (NCAC) for further direction. At this
meeting, the Committee recommended moving foruvard with a draft Ordinance to the full
Commission.
ANALYSIS
Key Revision and Comparison Points:
o Miami Beach gains control over its urban forest. The City has qualified professional staff
to manage the City's tree inventory, but at present, the City must obtain County
Regulatory and Economic Resources (RER), Environmental Resources Management
Tree Program approval and a Tree Removal/Relocation Permit to relocate or remove
trees. This delays recommended management activities and costs money every time the
City applies for a tree removal/relocation permit.
r Creates a Tree Preservation Trust Fund to collect fees, penalties and donations. This
fund shall solely be used for the planting of trees in Miami Beach and any other ancillary
costs associated with the planting, establishment or preservation of trees.
. All fees, mitigation payments, and penalties will be paid to Miami Beach, rather than the
County. At present there is no mechanism that requires payments collected for Miami
Beach properties to be spent in Miami Beach. We can lose trees but get nothing in
return. The City can fund much of its tree planting with money collected as a result of
implementation of this tree code. Mitigation in the revised code will be based on total
canopy removed as in the County code.
. Adopting the revised code would streamline permitting for tree removals and relocations
by eliminating the need to involve and or obtain permission from outside agencies which
in turn saves time and costs for City residents.
. The revised code creates a Heritage Tree designation to recognize and protect trees of
unique character and high value. This allows the City to protect any tree, palm or tree
grouping with a historical value and also includes a strong mechanism to help prevent
any unauthorized removals of these trees and understory. The process to determine the
removal of Heritage Trees will be discussed and incorporated during the implementation
process.
. The County defines Specimen Trees as those with a trunk diameter of 18" or greater.
Mitigation for the removal of Specimen Trees requires more replacement trees and/or
higher mitigation payments than for non-specimen trees. The revised City code
decreases the trunk diameter of Specimen Trees to 9". Trees of this size provide
significant canopy cover, and many of our smaller native species never reach an 18"
diameter. One of these trees could be the U.S. champion but still not be considered a
specimen tree. This recommended change acknowledges the importance of trees
283
Tree Ordinance- Memo
September 10, 2014 Pase 3 of 3
smaller than 18", and is the biggest shift in previous policy concerning permitting and
mitigation.
o Although the County code and the revised City code both require tree protection on
construction sites, and generally specify the same types of protective measures, the
revised City Code provides more comprehensive specifications. Detailed requirements
to remove ambiguity, and promote better compliance. Provisions are included for
adjustments to the requirements if authorized by the Urban Forester.
o The revised code provides definitions, language and punitive penalties designed to
prevent improper tree and palm pruning, effective destruction of trees or palms and any
unlicensed tree or palm removals of protected and heritage trees on private and public
property.
o The appeal process, enforcement, fines, and civil remedies in the revised code generally
follow the existing City policy as stated in the present tree code.
CURRENT STATUS
The final draft of the City revised Tree Ordinance has completed its first stage of internal review
and commenting from the County RER Tree Program, and has received initial approval for
compliance with the minimum requirements for exemption from the County Environmental
Code. We are currently in final review stages with the County RER Tree Program. Should the
Commission approve the Ordinance on Second Reading, approval will be sought from the
County prior to implementation.
CONCLUSION
The Administration recommends approving the Ordinance on the Second Reading and
implementation once final Miami Dade County approval has been obtained.
Attachments: Draft Tree Ordinance
lMtMtgfr,rFlMW
T:\AGENDA\201 4\October\PUBLIC WORKS\Tree Ordinance - MEMO.docx
284
ATTACHMENT
TREE ORDINANCE
(TO BE PROVTDED BY LEGAL)
285
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
MIAMI BEACH CITY CODE, ENTITLED "ENVIRONMENT," BY
AMENDING ARTIGLE II, "CARE AND MAINTENANCE OF TREES AND
PLANTS," BY AMENDING DIVISION 2, "TREES"; TO AMEND THE
DEFINITIONS, PURPOSE AND INTENT; SCOPE, APPLIGABILITY
AND EXEMPTIONS; PERMITTING APPLICATION REQUIREMENTS,
NOTICE AND PROCEDURES FOR OBTAINING PERMITS; IMPOSING
CRITERIA AND CONDITIONS FOR TREE REMOVAL AND
RELOCATION; TREE REPLACEMENT; TREE PRESERVATION AND
PROTEGTION REQUIREMENTS; DEFINING AND PROTECTING
HERITAGE AND SPECIMEN TREES; ESTABLISHING A MIAMI
BEACH TREE PRESERVATION TRUST FUND; REGUE}q'TIN€ TREE
DEFIN!NG TREES GONSTITUTING A
PUBLIC NUISANCE; PROVIDING FOR APPEALS; ENFORCEMENT
AND CIVIL REMEDIES; PROHIBITED SPECIES; DUTIES AND
AUTHORITY OF THE URBAN FORESTER; AND PROVIDING FOR
REPEALER; GODIFIGATION; SEVERABILITY; AND AN EFFEGTIVE
DATE.
WHEREAS, the City Commission declares that it is in the public health, safety and
welfare, and the interest of the citizens of Miami Beach, to establish policies, regulations and
standards to ensure its residents and visitors will realize the full benefits of a healthy, well-
managed urban forest; and
WHEREAS, the Administration recognizes that specific changes enhanclng the existing
City tree ordinance are necessary to obtain exemption from the regulatory oversight of Miami-
Dade County; and
WHEREAS, a City Tree Preservation Trust Fund needs to be created to collect fees,
penalties and donations, to be used for the planting of trees in the City and any other ancillary
costs associated with the planting, establishment or preservation of trees; and
WHEREAS, a City Tree Work Permit process needs to be created to require licensure
for tree removals, tree relocations, tree canopy pruning, tree root pruning, and regulation for
installations of required tree canopy replacement; and
WHEREAS, a process needs to be created requiring all tree service providers to register
with the City, officially affirming that they shall follow the terms contained in the City tree
ordinance, and be subject to all included fines, corrective actions and penalties for any
violations; and
WHEREAS, enhanced guidelines need to be created defining required tree protection
measures to be undertaken on designated construction sites; and
WHEREAS, a Heritage Tree designation process needs to be created to recognize and
protect trees of unique character and high value, to also include a strong mechanism to help
prevent any unauthorized removals of these trees and understory; and
286
WHEREAS, a Specimen Tree designation needs to be created to include all trees with a
diameter breast height (dbh) of 9" and above, to also include increased canopy mitigation and
monetary contribution requirements for any Specimen tree impacts; and
WHEREAS, the Administration has reviewed the enforcement provisions concerning the
trimming, spraying, removal, planting, pruning, cutting and protection of trees Citywide, and is
recommending the creation of necessary amendments, which shall establish appropriate fines
and penalties; and
WHEREAS, the Administration recommends amending the City's existing tree ordinance
to accomplish the above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article ll, entitled, "CARE AND MAINTENANCE OF TREES AND PLANTS,"
of Chapter 46 of the Miami Beach City Code, Division 2 thereof, entitled "TREES', is hereby
amended as follows:
CHAPTER 46
ENVIRONMENT
ARTIGLE II. CARE AND MAINTENANCE OF TREES AND PLANTS
***
DIVISION 2. TREES PRESERVATION AND PROTECTION
Sec. 46-56. Definitions.
ffi
S€€: 46 59; Applica
SeG; 46 60: Plant ma
Sec: 16 61, Enferee
See, {6 62: Tree abu
See4€i 63, tethalvello
Secs: 16 6'1 16 90:
Acf of God: Natural occurrences includino. but not limited to, hurricanes, tornadoes. liqhtninq
strikes. fire. disease, pest damaqe, or other event that causes a tree to die or decline and is
outside of the control of anv person .
287
Arborisl An individual who is a specialist in the care and maintenance of trees
and is eertified with the A a Certified Arborist bv the International
Societv of Arboriculture (lSA).
Caliper refer+ te the : A measurement of trunk diameter of nursery trees, measured 6 inches
above the qround for trunks with a tre+i+{€geds+ediameter of 4 inches or less, and 12 inches
above the thiek+ess.ef qround for trunks with a diameter larqer than 4 inches.
Consu/finq Arborsf; An individual who is a specialist in the care and maintenance of trees and is
a Reqistered Consultinq Arborist certified bv the American Societv of Consultinq Arborists
(ASCA)
Cntrcal Roof Zone: The portion of the root svstem that extends 10 feet from the trunk of the tree,
or as adiusted bv the Public Works Director or hisiher desiqnee. as mav be determined bv an
individual tree assessment.
DBH is+he (Diameter at Breast Height): The measurement of a tree's trunk diameter laken 4 Yz
feet frera grade; above the qround er diameter at breas . The measurement of those
trees with multiple-trunks shall be the sum of the diameters of all trunks at 4 % feet above the
qround.
Drip-line;
leaves ef the erewn ef the tree, An imaqinarv vertical line runnino to the ground from the outer-
most horizontal extension of a tree's canopv. Trees with canopies set off-center will be proiected
based on the averaqe diameter of the existinq drip-line, usinq the tree trunk as its point of
oriqin.
Effecfively desfror To cause, suffer, allow or permit anv act which will result in the death or
unnatural decline of a tree, which mav include. but is not limited to, damaqe inflicted upon the
root svstem bv heavv machinery, excessive root removal or cuttino, excessive trimminq
includino hatrackino, removal of live palm fronds orioinatino above the horizontal plain, tears
and splittinq of limb ends or peelino and strippinq of bark caused bv improper tree and palm
prunino techniques not in accordance with the latest edition of the American National Standards
lnstitute (ANSI) A-300 prunino standards, use of climbinq spikes on trees or palms not
desiqnated for removal, trenchinq or excavatinq in the critical root zone, chanqinq the natural
qrade above the root svstem or around the trunk. damaqe intentionallv inflicted on the tree
which permits infection or pest infestation, application of herbicides or other chemical aoents,
intentional fire damaqe to the tree. the infliction of a trunk wound throuqh qirdlinq, spikinq and
bark removal, or the removal of sufficient canopv to cause the unnatural decline of the tree.
Gfdlrno: The removal of a strip of bark around a tree trunk or a branch of a tree.
Hatracking; is an insensitive' unlavvful preeess te remeve rnere than 1/3 ef the everall existing;
To flat_
cut the crown of a tree bv severino the leader or leaders; or to prune a tree bv stubbinq off
branches three (3) inches or oreater in diameter; or to remove more than 25 percent of a tree's
canopv: or to reduce the size or spread of a tree's crown in a manner not in conformance with
the most recentlv published American National Standards lnstitute (ANSI), A-300 standards.
288
Hefltaqe lree: A tree so desiqnated bv the Citv of Miami Beach Mavor and Commission
because of its unique or intrinsic value to the communitv with reqards to its historic value, size,
aqe, location, distinctive form, exceptional characteristics, ecoloqical value or other relevant
criteria.
Uanemar*tree snal
ef its age and size eempared te ethers ef the same speeies,
in+
Parkway is a bread landseaped publie thereughfare,
Private tree is a tree that belengs te an individual persen; eempany er interest and is leeated en
private preperty b
Prohrbffed free species: Those tree species listed in Chapter 24 of the Miami Dade Countv
Code, as amended, whose sale, propaqation, plantino. importation or transportation shall be
prohibited under Miami-Dade Countv reoulations.
Profecfed free:Anv tree that is not desiqnated bv the Citv of Miami Beach as an exempt tree,
and which:
a. is located on private propertv in sinole familv zonino districts, havinq a trunk diameter at
DBH of equal to or oreater than nine (9) inches: or
b. is located on public land or zonlnq districts other than sinole familv districts, having no
less than a three (3) inch DBH or ten (10) foot mature heioht: or
c. is a replacement tree or anv non-exempt tree that is represented or identified in a
planninq or development document for the purposes of securino an approved Citv
buildinq or demolition permit.
Profecfive barrier Fences or like structures at least four (4) feet in heioht that exclude damaqe
or disturbance to trees and tree roots on construction sites.
Prunrnqlfnmmmo: The selective removal or reduction of tree limbs to benefit the overall health
and safetv of a tree. pursuant to those requirements established bv the lnternational Societv of
Arboriculture (lSA) and the American National Standards lnstitute (ANSI) 4-300 prunino
standards (Part1).
Publie tree is a tree that is aeeessible te er shared by all members ef the eemmunity and is
usually planted en a eity right ef way er in a eity park,
Publie nuisanee referenees any tree with an infeetieus disease; inseet er vermin preblem; dead
er dying tree; a tree er limb(s) that ebstruet street lights; traffie signs; the free passage ef
Public nursance free: A dead or dvino tree, or a tree with an infectious disease or insect
infestation. or a tree that poses a threat to public safetv or the health of other trees in the
289
vicinitv, as determined bv the Citv of Miami Beach's Public Works Director or his/her desiqnee,
who shall be the Citv's Urban Forester.
Speeies is a elass having eemmen attributes and designated by a eernm€n name and similar
ferm,
Specimen Jree. any tree that may be netieed by reasen ef an individual distinguishing large
eharaeter usually measuring 18" er mere; in diameter; I 1i' abeve greund level, A tree with an
individual trunk that has a DBH of nine (9) inches or qreater. or anv multiple-trunk tree in which
the sum of the diameters of all the trunks at DBH is nine (9) inches or oreater, but not includinq
non-native species of the qenus Ficus.
Sprkrnq: The insertion, whether verticallv or horizontallv. of foreiqn obiects into the trunk of the
tree or its root svstem with the intention of killinq the tree.
Topping;
third ef the tree erewn, See Hatrackino.
Vrable means eapable ef living' grewing and develeping,
Iree Seryice: Anv business, entitv, or individual who accepts or solicits compensation for
trimminq. removino or relocatinq trees, or who trims, removes or relocates trees as part of
landscape or vard maintenance activities for which compensation is accepted.
Urban Foresfer The Citv of Miami Beach official with specialized knowledoe of urban forest
manaoement. arboricultural and horticultural practices, who has been desiqnated to manaoe the
Citv of Miami Beach's urban forest bv the Public Works Director, to provide direction for tree
plantinq, maintenance, removals, and all arboricultural practices and tree-related activities, and
to carrv out the enforcement of this Division.
Sec. 46-57. Pu rpose4g!-!41!q,l!
The use ef trees en eity readways shall be eneeuraged by the eity threugh it€ departments and
threugh develepment ef individual prejeets asseeiated with the regulatery review preeess= A
uniferm eentinueus speeies shall be premeted fer the entire length ef a eity street in erder te
inerease ef preperty values, At times; it may be apprepriate te mix varieties when ereating a
ing
ie
ri
utility elegging' sidewalk replaeement and tree related aeeidents due te inapprepriate planting
fer the ameunt ef easement spaee available, Tree plantings shall net eempremise the publie
It is recoonized that trees are a vital part of the Citv of Miami Beach's infrastructure, providinq
numerous environmental, economic. and social benefits. Trees improve air qualitv, save energv
bv reducino air conditioninq costs, ameliorate hiqh urban temperatures. reduce storm water run-
otf, increase propertv values, improve productivitv, reduce stress and crime, and beautifv
residential and commercial neiqhborhoods. Trees decrease urban noise, encouraqe tourism
290
and economic orowth. preserve communitv character and identitv, provide habitat for wildlife,
and shade pedestrian walkwavs. lt is the purpose and intent of this Division to establish
policies. requlations and standards to ensure that the Citv of Miami Beach, its residents and its
visitors will realize the full benefits of a healthv, well-manaqed urban forest. The provisions of
this Division are enacted to:
1. Promote the establishment and maintenance of the optimum sustainable amount of tree
cover on public and private lands.
2. Establish and maintain diversitv in tree species and aqe classes to provide a stable and
sustainable urban forest.
3. Minimize the removal or loss of protected trees.
4. Require mitioation for the removal of protected trees on public and private propertv.
5. Establish procedures to desionate and protect Heritaoe Trees of unique or intrinsic value
to the communitv. as defined in this Division.
6. Maintain Citv of Miami Beach trees in a healthv and non-hazardous condition throuoh
qood manaoement practices.
7. Minimize maintenance costs and damaqe to sidewalks, streets, and other infrastructure
bv plantinq tree species that are appropriate for existino site conditions and available
orowinq space.
8. Preserve the communitv's character and qualitv of life well into the future.
Sec. 46-58. Scope. and applicability-. and exemptions.
Trees that are the subjeet ef review under this divisien shall inelude these trees en all publie and
e
(erd, Ne, 2000 3279; $ l; ll 8 00)
It shall be unlawful for anv person, unless othenruise permitted bv the provisions of this Division,
to perform tree removal work or effectivelv destrov anv tree located within the boundaries of the
Citv of Miami Beach. on either public or private propertv, without first obtaininq a tree work
permit. The provisions of this Division shall applv to all protected trees on public or private
propertv within the Citv of Miami Beach, unless expresslv exempted in Sec. 46-58.4 herein.
1. Trees that are subiect to review and a tree work permit shall include those trees with a
DBH of three (3) inches or oreater or a mature heiqht of ten (10) feet or qreater on all
public and private propertv, except on private propertv in sinqle familv zoninq districts.
Trees that are located on private propertv in sinole familv zoninq districts, and are
specimen trees, shall be subiect to review.
2. Tree and palm work or removals, includino prohibited species, on public or private
propertv must be approved bv the Citv's Public Works Department, and a tree work
permit shall be required from the Citv of Miami Beach.
3. Anv tree work on a public or private riqht-of-wav shall require a tree work permit from the
Public Works Department. All manqrove trees and anv tree located upon land which is
wetlands as defined in F.S. $ 373.019. as amended. shall be subiect to the permittinq
291
requirements of Article lV of Chapter 24 of the Code of Miami-Dade Countv, Florida, as
amended.
4. Exemptions
The followino shall be exempt from the provisions of this Division, and do not require a
tree work permit:
a. Removal of prohibited species that do not have a Heritaqe Tree desiqnation or are
located in a desionated Historic district.
b. Removal of dead trees or trees destroved bv an act of God. This exemption does
not applv to anv trees or palms effectivelv destroved throuoh violations of those
provisions set forth herein.
c. Anv tree that. as the result of damaqe, disease or other cause. poses imminent
danger to health, safetv or propertv. and therefore requires immediate removal. mav
be removed without obtainino a tree work permit: provided that the owner of the
propertv can establish that such hazardous condition(s) existed prior to the removal.
d. Removal of trees within the vard area of an existinq sinqle familv residence; provided
the trees are not Specimen Trees with a DBH of nine (9) inches or qreater. This
exemption does not aoplv to trees that are qrowinq on public riqhts-of-wav adioininq
existino sinqle familv residences.
e. Removal of trees within licensed plant nurseries and botanical qardens: provided
such trees were planted and are qrowinq for the disolav, breedino. propaoation, sale
or intended sale to the oeneral public in the ordinarv course of business.
f. Removinq, trimminq. cuttinq or alterinq of anv manqrove tree or removal of anv tree
located upon land which is wetlands as defined in Section 24-5 of the Code of Miami-
Dade Countv, Florida. and are subiect to the permittinq requirements of Article lV of
Chapter 24 of the Code of Miami-Dade Countv. Florida.
The Citv Manaqer mav suspend the enforcement provisions of this Division bv determinino
that tree removal permittinq requirements will hamper private or public work to restore order
to the Citv of Miami Beach after a declared state of emeroencv bv the Citv or other
governmental authoritv, followinq an extreme weather event or other disaster.
Nothinq in this Division shall be construed to prevent the prunino or trimminq of trees on
private propertv where necessary for proper landscape maintenance and safetv; provided
that no more than twentv-five (25) percent of the crown or foliaoe is removed annuallv and
that the pruninq performed does not effectivelv destrov the tree.
Requirements fer aequiring a permit fer transplanting; pruning; releeatien er remeval ef a tree
measuring 18 inehes er greater at DBH shall inelude,(1) An applieatien ferm aEuired frem the publie werks department; whieh will aet as the
lead ageney, The eempleted applieatien will then be preeessed threugh the planning
ing
292
permit te transpta
Oe-reg++ire+
(3) lf deemed neeessary, a phetegraph' ef adequate quality; ef the tree prepeeed fer review,
( l) Fer eemmereial and multi family preperty; a eepy ef the preperty survey with a marked
leeatien ef all the trees in€luding feliage mass' ealiper' and speeies names, ln the ease ef a
single family preperty, a site sketeh indieating the appreximate leeatien ef the tree is required,(5) A written deseriptien ef the prepesed tree werk,(6) A tree maintenanee eempany whieh is state lieensed and insured shall shew preef ef
ie+
When an applieatien is deemed te be eemplete and is appreved by the publie werks
+sien++en
eempleted within ene year frem the issuanee date' the permit shall beeeme null and veid, The
eity ehall endeaver te ensure that the previsiene ef this divisien are net used te unduly burden a
preperty ewner, er prevent thern frem the reasenable eeenemie use ef their preperty,
Sec. 46-59. Tree work permit application processinq. requirements. and review.
1. Permrt, when required A tree work permit shall be required:
a. for the removal or relocation of anv tree within the Citv of Mlami Beach that is subiect
to review as soecified in section 46-58: or
b. for pruninq or trimminq that removes more than twentv-five (25) percent of the
canopv of a tree: or
c. for the pruninq of tree roots with a diameter of two (2) inches or oreater, except that
no permit shall be required for the pruninq of roots when such pruninq is essential to
anv emerqencv repairs.
No person. aqent or representative thereof, directlv or indirectlv, shall trim more than 25% of
a tree's canopv, or cut down, remove, relocate, or effectivelv destrov anv tree situated on
anv propertv described in Sec. 46-58, or prune roots two (2) inches in diameter or laroer,
without first obtaininq a tree work permit as hereinafter provided. No buildinq permit shall be
issued bv the Citv's Buildino Department, and no riqht-of-wav permit shall be issued bv the
Public Works Department, for anv work that has the potential to affect trees, includino new
construction, additions, carports. pools. decks, fences, drivewavs, parkinq lots, tennis courts,
demolition. or similar work, unless it has been determined that no tree work permit is
required. or a valid tree work permit has been issued in accordance with this Division.
2. Applicafion requ,remenfs. Applications for tree work permits shall be made on the form
provided for that purpose bv the Public Works Department. The application shall include a
written statement indicatino the reasons for the removal or relocation of each tree, or for
removino more than 25% of a tree's canopv, or for cuttino roots two (2) inches in diameter or
laroer. and shall describe the proposed tree work. The followino documentation and anv
applicable fees shall accompanv applications:
a. Applications for all locations except for existinq sinole familv homes. Applications for
tree work, in coniunction with anv new construction, includinq new sinqle familv
homes and additions, shall include a tree survev drawn to scale identifvinq the
293
species and listino the heioht, spread and DBH of all existinq trees shall be provided.
The tree survev shall be prepared bv and bear the seal of a professional land
survevor, licensed in the State of Florida. ln addition, a tree disposition and site plan
drawn to scale identifvinq and listino all existinq trees and specifvinq the condition of
each tree and whether such trees are to remain. to be removed, to be relocated, to
have more than 25% of the canopv removed, and/or to have roots two (2) inches in
diameter or larqer cut shall be provided. This plan shall also illustrate the location of
all existino structures and/or all proposed new construction, as applicable, the
location of anv overhead and/or underqround utilities, the new locations of existino
trees to be relocated on site, and all areas affected bv construction-related activities,
such as access routes to the propertv, and staqinq area. The plan shall be prepared
bv and bear the seal of a landscape architect currentlv licensed to practice in the
State of Florida.
b. Applications for existinq sinqle familv homes. Applications for tree work at existinq
sinqle familv homes. shall require a site sketch indicatinq the approximate location
and disposition of the tree(s) shall fulfill the requirement for a tree survev and site
Plan.
c. A tree replacement plan prepared in accordance with Sec. 46-62.
d. The Public Works Department shall determine the completeness of an application
pursuant to this subsection, and provide notification to the applicant of anv material
that is required for the issuance or denial of the tree work permit.
3. Review of apolicafion. Upon receipt of a completed application, the Public Works
Department shall review the application for compliance with the requlations as set forth in
this Division. Such review shall include a field inspection of the site, and if appropriate.
referral of the application to the Citv's Planninq Department, and other Citv departments or
aqencies. as necessarv. ln historic districts. a Certificate of Aopropriateness mav be
required for the proposed tree(s) and or palm(s) impacts, as per Article X - Historic
Preservation, Division 3, Sec. 118-564. The Public Works Department shall issue an
intended decision approvinq, denvinq or approvino with conditions the application within
thirtv (30) calendar davs from the date the application is deemed completed.
4. Nofice. The Public Works Department shall notifv the applicant and post a notice of the
intended decision on or adiacent to the subiect propertv in a location visible to the qeneral
public. The notice approvino or denvinq an application for a tree work permit shall be issued
within twentv-four (24) hours of its determination. The postino is to remain visible on the
subiect propertv for ten (10) calendar davs from the postinq date.
5. /ssuance of permff. The tree work permit, if approved bv the Public Works Department. shall
be issued. The oropertv owner shall be responsible for insurino that the tree work permit is
displaved until the authorized work is completed. lf the permitted work is not completed
within one vear from the issuance date, the permit shall become subiect to revocation.
6. Fees. Fees for tree work permits shall be established bv the Citv Commission. Applications
from qovernment agencies for tree removals solelv in areas dedicated to public use mav, at
the discretion of the Citv Commission, be exempted from application and permit fees.
7. Frnal rnspecfion. No later than six (6) months followinq the completion of the authorized
work. the applicant shall schedule a final inspection with the Public Works Department for
verification and acceptance of the final authorized work. The inspection shall be conducted
bv the Urban Forester or his/her desionee. All new, relocated or mitiqation trees within the
294
proiect area shall be replaced, if thev are not alive and viable one (1) vear after the final
inspection.
Remeval ef the fellewing plants is permitted witheut an applieatien; but requires a site visit, All
s
prenrgrte+(1) Aeaeia aurieulea 'Fermis'; Earleaf Aeaeia
(3) Arauearia heterephylla, Nerfelk leland Pine
ine
(7) Melaleuea quinquenervia; Paperbark Tree
(11) Sehefflera aetinephylla; Queensland Umbrella Tree(12) Sehinusterebinthifelius; Brazilian Pepper
€rtffr
Sec. 46-60. Criteria and conditions for tree removal and relocation.
1. Crifera for non-specimen free removal. No tree work permit shall be issued for tree removal
from the site, unless one of the followino criteria exists:
a. The tree is located in the proposed buildinq footprint or vard area where a structure or
improvement mav be placed and unreasonablv restricts the permitted use of the
propertv. Trees located in the propertv frontaqe (within the Citv of Miami Beach's
required setback), shall not be considered to be located within the buildino footprint or
vard. Trees on the public rioht-of-wav shall not be considered for removal as a result of
restriction to or from inqress or eqress to the qaraqes or parkinq on the site: provided
however. that if there is no other reasonable access to and from the structure or to the
propertv from the public rioht-of-wav. as determined bv the Public Works Director or
his/her desiqnee, this requirement shall be waived. All proiect drawinqs must include all
existinq trees on the private propertv and public rioht-of-wav accuratelv drawn to scale.
Authorization to remove trees, includinq right-of-wav trees, shall be approved prior to
issuance of a buildinq permit.
b. The tree is diseased, damaqed or in danoer of fallinq; interferes with utilitv service.
creates unsafe vision clearance that cannot be corrected throuqh pruninq without
effectivelv destrovinq the tree: or materiallv impairs the structural inteqritv of an existino
structure.
c. The tree is an undesirable or non-native tree species and will be replaced with a South
Florida native tree species to promote qood forestrv practices, or is an undesirable or
non-native species and interferes with native tree species.
d. The tree creates a health hazard, or it is in the qeneral health, safetv and welfare of the
public that the tree be removed for a reason other than set forth above.
2. Conditions for tree removal, relocation and replacement of non-specimen trees.
10
295
a. The applicant mav be required to redesign the proiect to preserve non-specimen tree(s),
or anv other tree determined bv the Public Works Director or his/her desiqnee to be of
substantial value due to its species, size, aqe, form and/or historical sionificance. and to
provide an alternate plan, when feasible, which shall include the preservation of such
tree(s) and desiqn alterations within the scope and intent of the initiallv proposed plan.
b. Where practical, as determined bv the Public Works Director or hisiher desionee,
Specimen trees, or anv other tree determined bv the Public Works Department to be of
substantial value due to its species, size. aoe, form and/or historical significance, that is
proposed for removal, shall be relocated on or off-site. The applicant shall adhere to
acceptable tree relocation specifications, in accordance with the most current ANSI A-
300 Standards.
c. lf the Public Works Director or his/her desiqnee determines it is not reasonablv possible
to relocate such tree(s) either on or off-site. because of ase, tvpe, size, or condition, the
applicant shall be required to replace all trees permitted to be removed in accordance
with the tree replacement requirements in Sec. 46-62.
d. The Public Works Department mav require that the applicant provide a written report
from an ISA Certified Arborist and or ASCA Reqistered Consultino Arborist before
makinq anv determinations in coniunction with this Section. The Public Works
Department mav also require monitorinq bv an ISA Certified Arborist and or ASCA
Reoistered Consultinq Arborist durinq construction to assure tree preservation.
The eity's parks maintenanee divisien' publie werks department; and the envirenmental reseuree
inffiruning;
eutting and preteetien ef trees eitywide, The eest ef repair er replaeement, er the appraised
dellar value ef sueh tree; shall be berne by tlrc party in vielatien,
$15,000,00 fer eeeh vielatien, ln additien, maxirnum eests may be in the ameunt whieh is
neeessary te replaee a tree ef the same size' and speeies; that was remeved er destreyed,
ln additien te any ether remedies previded by this divisien; the eity shall have the fellewing
isdieial remedie
(1) The eity may institute a eivil aetien in a eeurt ef eempetent jurisdietien te establish liability
and te reeever damages fer any injury eaused by the remeval ef trees in eentraventien ef the
terrns ef this artiele, ln additien, the eity shall be entitled te reeever its atterney's fees and eests,
Hewever, the eeurt may reeeive evidenee in mitigatien, Eaeh tree unlaMully remeved under the
previsiens ef this d
(3) The eity may institute a eivil aetien in a eeud ef eempetent jurisdietien te seek injunetive
relief te enferee eemplianee with this divisien te enjein any vielatien thereef; and te seek
1l
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i
Sec. 46-61. Griteria and conditions for the removal of more than 25% of a tree's canopv or
for cuttinq roots two inches in diameter or Iarqer.
1. Crteria. No oermit shall be issued for the removal of more than 25% of a tree's canopv or for
cuttinq roots two inches in diameter or laroer. unless one of the followinq criteria exists.
a. The tree is located in the proposed buildino footprint area or vard area where a structure
or improvement mav be placed and unreasonablv restricts the permitted use of the
propertv. Trees located in the propertv frontaqe (within the Citv of Miami Beach's
required setback), shall not be considered to be located within the buildinq footprint or
vard. Trees on the public riqht-of-wav shall not be considered for removal of more than
25% of a tree's canopv or for cuttino roots two inches in diameter or larqer as a result of
restriction to or from inqress or eoress to the oarages or parkinq on the site, provided
however, that if there is no other reasonable access to and from the structure or to the
propertv from the public rioht-of-wav, as determined bv the Public Works Director or
his/her desionee, this requirement shall be waived. All proiect drawinss must include all
existinq trees on the private propertv and public riqht-of-wav drawn to scale.
Authorization to remove more than 25% of a tree's canopv or to cut roots two inches in
diameter or larger. includinq rioht-of-wav trees, must be approved prior to issuance of a
buildino permit.
b. The tree is diseased or damaoed: creates hazardous conditions: interferes with utilitv
service; creates unsafe vision clearance: or materiallv impairs the structural inteqritv of
an existino structure.
2. Condrtions. Anv of the followino conditions mav be required:
a. The applicant mav be required to redesion the proiect to preserve the structural inteqritv
and minimize impacts to Specimen tree(s). or anv other tree determined bv the Public
Works Director or his/her desiqnee to be of substantial value due to its species, size.
aqe. form and/or historical sisnificance. and to provide an alternate plan. when feasible,
which shall include the preservation and protection of such tree(s) and desiqn alterations
within the scope and intent of the initiallv proposed plan. For all permitted tree work, the
applicant shall adhere to lnternational Societv of Arboriculture (lSA) Best Manaqement
Practices, and to ANSI A300 Standards as published in the most current edition of ANS/
4300, The American National Standard for Tree Care Operations - Tree, Shrub, and
Other Woodv Plant Maintenance - Standard Practices.
b. The Public Works Department mav require that the applicant provide a written report
from an ISA Certified Arborist and or ASCA Reqistered Consultino Arborist before
makinq anv determinations in coniunction with this Section. The Public Works
Department mav also require monitorinq bv an ISA Certified Arborist and or ASCA
Reqistered Consultinq Arborist durinq construction to assure tree preservation and
protection.
ie+
It shall be unlawful te abuse any tree leeated within the beundaries ef the City ef Miami Beaeh;
(1) Damage inflieted upen any part ef a tree; ineluding ite reet system; by maehinery;
nreehanieal deviees, seil eempaetien' exeavatien, intentienal vehiele abuse; ehemieal
t2
297
eubstanees; er any remeval ef the euter bark area,
ien=
(3) Cutting upen any tree vr+trieh destreys its natural shape; eueh as tepping er hatraeking,
( l) Fastening any sign, repe, wire er ebjeet by nail' staple; ehemieal substanee; er ether
(5) Any pruning, er eutting, in vielatien ef the praetiees established by the Natienal Arberist
As€e€iatie+
(6) Any aet that weuld eause a tree te beeeme nenviable, Any aet ef tree abuse that renders
Sec. 46-62. Tree replacement.
1. Iree replacemenf charf. The tree replacement chart, below, shall be used to determine the
total number.*and#of trees that must be planted for the replacement of those trees
permitted to be removed. A tree reolacement olan shall be submitted to the Public Works
Oepartment as part ot
of trees, numOer ot
reolacement trees a of the trees to be removed.
and such measurementde*e+ is accomplished
use of aeriat onoto
i+inehes ef the dl
remove* eanopyd*rme*e+ measurement shall be rounded up to the nearest footheh. -4#
reptaeement trees
in €redee and SfandsffiRefer to Sec. 46-65 Specimen Tree Standards for tree replacement
requirements for Specimen trees.
a) Tree replacement chart.
TABLE INSET:
Reolacement Tree
C ate o o rvTetal-diameter
Canoov Credit in Souare
Eeet+€+a+aqsmber.€f.^^t^^^*^^+ +.^^ffi ffi;MW
Cateoorv 1 Tree3lL-S 30q3
Cateoorv 2TreeT:--4#15_M
Cateoorv 3 Tree43l[9 _1_00€
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298
Cateoorv 4 Palm4#' I
-"
r" I .J-v.-2+
fne PuOtic Wort<s Oe
reptacement tree.
heights shall be de
to tne too-most nra
tne time ot otantin
ftOt feet in height a
Oe a minimum of eion
category 4 oalms sha
te Ee rerneved exeee
2. Iree species and dryersffy sfandards. Tree(s) installed as replacement trees shall be tree(s)
of native or non-native species and shall be planted accordino to ISA best manaqement
practices, and to ANSI A300 Standards as published in the most current edition of ANS/
4300, The American National Standard for Tree Care Operations - Tree. Shrub, and Other
Woodv Plant Mainten
installed as replacement trees, a diversitv of species shall be required as per the Tree
Species Diversitv Chart. below.
a) Tree species diversitv chart.
TABLE INSET:
Required number of trees Required minimum number of species
0714.-20 Z
21--50 4
51 or oreater 6
The number of trees of each species planted shall be proportional to the number of species
required. A minimum of fiftv (50) percent of all replacement trees planted shall be native to
Miami-Dade Countv. and no more than thirtv (30) percent of the replacement trees shall be
palms. Palms mav be installed onlv to replace palms. When trees native to South Florida are
removed, all replacement trees for such native trees shall be native to South Florida. South
Florida is oeooraphicallv defined as the Southern tip of Florida South of Lake Okeechobee and
includes hardiness zones 10 & 1 1 .
3. Prohrbffed species. Replacement trees shall not be required for the removal of anv
prohibited species. and no fees shall be charoed for removal of prohibited species.
However. Miami Beach Historic Preservation Board approval is required before anv
Specimen tree, includinq prohibited species, is removed from public or private propertv
within a desiqnated historic district.
4. Iree oualffy. Trees installed as replacement trees in accordance with this section shall
conform to. or exceed, the minimum standards as Florida Number One or better as provided
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299
in the mosl current edition of "Grades and Standards for Nurserv Plants. Part I and
//, " prepared bv the Florida Department of Aqriculture and Consumer Services. Trees shall
be planted accordino to ISA best manaqement practices and ANSI A300 Standards as
published in the most current edition of ANS/ 4300. Ihe Amencan Nafional Sfandard for
Tree Care Operations - Tree. Shrub. and Other Woodv Plant Maintenance - Standard
Practices.
5. Off-sife replacemenf frees. ln those circumstances that the total number of trees required as
replacement trees cannot be reasonablv planted on the subiect propertv. the applicant mav
enter into an aqreement with the Citv, to plant the excess number of replacement trees on
an approved alternate location of publiclv owned land or publiclv accessible parcel.
6. Citv of Miami Beach Tree Preservation Trust Fund.ln those circumstances that the lotal
number of trees required as replacement trees cannot be reasonablv planted on the subiect
propertv. and there is insufficient plantinq space available at a Public Works Department
aporoved alternate location(s) of publiclv owned land or publiclv accessible parcel, the
applicant shall contribute to the Citv of Miami Beach's Tree Preservation Trust Fund the sum
of one thousand dollars ($1,000.00) for each#B#-tree required as replacement
trees in accordance with Sec. 46-62. -The fee allocated to the Tree Preservation Trust Fund
mav be reviewed periodicallv bv the Citv Commission to reflect cost of livinq adiustments
and/or market conditions, and mav be modified bv aoproval of the Citv Commission. ln
establishinq and reviewino fees. the Citv shall consider the cost of materlal, labor,
transportation, plantinq. waterinq and mortalitv rate of replacement trees.
7. Complefion. The replacement tree process must be completed prior to the issuance of a
certificate of occupancv or temporarv certificate of occupancv, and in accordance with the
specific conditions set forth and identified in the tree work permit.
ie+uisanee=
The retentien and maintenanee en private preperty ef palm trees that have been killed; er that
ie
refusal ef the ewner er party in pessessien ef the private preperty te remeve sueh dead; er
dying, palrn trees is alse deelared te be unlawful, The eity is hereby autherized and empewered;
State law referenee tethalyellewing; F,S, S 187,161'
Sec. 46-63. Tree preservation and protection requirements. root cuttinq and tree
relocations.
1. Tree protection requirements durinq construction
a. General. All reasonable steps shall be taken to prevent the destruction or damaginq
of trees for which no tree work permit has been issued durino site development and
construction on private or public propertv Anv owner. tenant. contractor or aoent
thereof who fails to provide tree protection, as set forth herein, shall be subiect to
15
300
enforcement as provided in Sec. 46-687€. Trees destroved or incurrinq maior
damaqe must be replaced bv trees of equal environmental value, as specified bv the
Public Works Department, prior to the issuance of the certificate of occupancv or
certificate of use, unless removal of the trees has been authorized pursuant to a tree
work permit. Tree protection zones must be established for all trees that remain in
place on site and for anv trees relocated within or to the site. When proposed
development activities mav damaoe the root svstems or canopies of trees to be
retained or relocated on site, alternatives to the proposed activities, or effective
protective measures. shall be identified and used.
b. PermUconsfrucfion drawrnqs. All permit and construction drawinos of the site shall
show the tree protection zones, as prescribed bv the Public Works Department, as
shaded areas that are accuratelv drawn to scale and labeled as such on the
drawinqs. The tree protection zones shall be shown on all drawings that include anv
underoround utilitv installations, includinq but not limited to, irriqation, plumbinq,
electrical. telecommunication or streetlioht lines. The tree protection zones shall be
shown on all drawinos that include structural installations that will require
excavation(s), and for above-qround installations that mav include, but is not limited
to. such as walkwavs. street liqhts, overhead wires or other tvpes of infrastructure.
2. Tree protection requirements
The followinq tree protection. root pruninq. and tree relocation specifications must be
adhered to as a condition of approval of the site plan for anv proiect. The Urban Forester
mav require supplemental protection measures to ensure the protection of trees. The
Urban Forester shall have the authoritv to enter the subiect propertv to ensure
compliance with required tree protection measures.
a. Protective Baniersi) Placement. Protective barriers shall be placed at the drip line of each tree,
cluster of trees, or preservation area, and in no case less than ten (10) feet
from the trunk of anv protected tree, tree cluster or preservation area. ln
situations where trees have been transplanted to the proiect site, the
protective fencinq shall be placed no closer to the tree than a point one to two
feet outside the root ball, or at the drip line, whlchever is qreater. The fenced
tree protection zones shall be extended where necessary to protect tree
canopies roots. lf trees are to be preserved in place and root pruninq is
required to accommodate new construction, the root prunino locations shall
be identified and approved bv the Public Works Department, and fencino
shall be installed one (1) to two (2) feet bevond the edqe of the root ball. The
installation of the fencino shall be coordinated with anv phased root pruninq
that must occur. Tree maintenance measures must be in place prior to anv
root pruninq or transplantino.
ii) Timinq and Duration. All protective barriers shall be installed prior to the start
of anv construction or site development, includinq tree removal, demolition or
land-clearinq activities, and shall remain in place throuqhout all phases of
construction. Protective barriers shall be maintained in place until
development is completed, and shall not be removed until the Public Works
Department inspects the site and authorizes their removal.
iii) Barrier Specifications. Sturdv temporarv barriers shall be installed around all
tree protection zones. Barriers shall be a minimum of four feet hiqh, and shall
t6
301
be constructed of continuous chain link fence with metal posts at 8-foot
spacinq, or of two-bv-four-inch posts with three equallv spaced two-bv-four-
inch rails. Posts mav be shifted to avoid roots.
b. Activities Within Tree Protection Zones Enclosed Bv Protective Barriers
D Understory olants within areas surrounded bv protective barriers shall be
Protected.ii) No oil, fill, equipment, buildinq materials, buildinq debris, or anv other material
shall be placed within the areas surrounded bv protective barriers.
iii) No disposal of anv waste material such as paints, oils, solvents, asphalt,
concrete, mortar, or anv other material shall occur within the areas
surrounded bv protective barriers.
iv) Natural qrade shall be maintained on areas surrounded bv protective barriers.
ln the event that the natural orade of the site is chanqed as a result of site
development such that the safetv of the tree mav be endanoered, tree wells
or retaininq walls are required.
v) Onlv hand disqinq and qradinq activities will be permitted within the tree
protection zone. All surroundino areas must be qraded to a point that meets
the outside of the tree protection zone
vi) Underqround utilitv lines, includinq, but not limited to. irriqation, plumbinq,
electrical. or telecommunication lines, shall be placed outside the areas
enclosed bv protective barriers. lf such placement is not possible, disturbance
and root damaqe shall be minimized bv usino techniques such as tunnelino,
hand diqqinq, excavation with an air spade, or the use of overhead utilitv
lines.
vii) No vehicles or equipment shall be permitted within areas surrounded bv
protective barriers
c. Fences. walkwavs and walls shall be constructed to avoid disturbance to anv
protected tree. Post holes and trenches located close to trees shall be duo bv hand
and adiusted as necessary, using techniques to avoid damaoe to maior roots
svstem.
d. No attachments or wires other than those of a protective or non-damaoino nature
shall be attached to anv trees durinq site development or construction.
e. Relocated trees shall be braced in such a fashion as to not scar, penetrate,
perforate, or othenffise inflict damaqe to the tree.
f. All trees planted or transplanted pursuant to this Division shall be maintained alive
and healthv in the site of plantino or transplantation for a period of one vear after final
acceptance bv the Public Works Department. Anv trees that die or are effectivelv
destroved within one vear shall be replaced bv the applicant or its successors or
assigns.
3. Root cuttinq
The cuttino of roots with a diameter of two inches or larqer is prohibited, unless there is no
feasible construction alternative. as determined bv the Public Works Director or his/her
desionee. The Citv mav require that construction activities, such as trench lines and walkwav
construction. be redirected awav from trees.
Root cuttinq shall be done accordinq to approved techniques as outlined herein:
a. Trees shall be evaluated bv the Urban Forester to determine whether the root cuttinq
will destabilize the tree or cause unacceptable damaqe to the tree.
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302
b. Root cuts shall be made, at mlnimum, a distance from the trunk equivalent to three
times the tree's trunk diameter at 4.5 feet above qround {BBH) unless unavoidable
because of sidewalks, pavement, or other infrastructure. Root cuts must be made at
a distance from the trunk equivalent to five times the tree's DBH or oreater in all
other circumstances.
c. Roots mav not be torn off with power equipment, and cut roots shall not be left with
ripped. raqoed or shredded ends. Roots must be cleanlv severed with sharp hand
tools or power root saws.
d. When tunnelinq or othenvise avoidino roots is not possible, the trench shall be
carefullv excavated bv hand or machine and, when a root with a diameter of 2 inches
or qreater is encountered, a final clean cut shall be made with a saw. The cut shall
be made flush with the side of the trench closest to the tree. The root prunino trench
shall be backfilled with soil.
e. When adiacent to new curbino. uncurbed paved areas, or areas of qrade changes,
roots shall be cut no more than 18 inches towards the tree from the back of the curb.
the edoe of the pavement, or the point of intersection of old and new qrades,
respectivelv. After root prunino, no excavation for the installation of forms or for anv
other reason mav be performed anv closer than six inches outside of the root pruninq
cut. The root prunino trench shall be backfllled with soil.
4. Tree relocations
a. lrriqation must be present and applied effectivelv for two to four weeks prior to root
prunino, throuqh the period of root prunino, and after root pruninq and
transplantation until the tree has been completelv reestablished at the new plantino
space. lrriqation shall be operated automaticallv with water beinq applied directlv to
and iust outside of the remainino intact root svstem. Waterinq frequencv shall be
such so as to insure that free water is available to the root svstem at all times. Anv
temporarv disruption in automatic operation shall be supplemented bv hand
waterinq.
b. There should be no canopv prunino or a minimum of canopv pruning before or after
root pruninq. Dead, diseased or damaqed branches shall be pruned at this time.
c. The root svstem of a tree to be relocated shall be well-watered before the tree is duq
and lifted to ensure that the tree is properlv hvdrated, and to improve cohesiveness
of the root ball.
d. All plantinq, transplantinq and relocatinq of trees or palms shall, be done in
compliance with standards set forth in the most recentlv published edition of the
American National Standards lnstitute ANSI 4-300 Standards. This requirement
includes all procedures, techniques, standards for minimum root ball size, and anv
other standards included in ANSI A-300 Standards.
Exceptions to the requirements of subsections (1) and/or (2) and/or (3) of this section shall be
approved onlv when the propertv owner receives specific written authorization from the Public
Works Director. The Public Works Director shall not issue written approval. unless the Public
Works Director determines that the affected trees can be adequatelv protected and maintained
without meetino the requirements of this subsections, or that, due to exceptional circumstances,
it is not practical or reasonable to meet the requirements of this section.
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303
Sec. 46-64. Heritaqe trees.
1. Desr'qnafion; Heritaqe Trees shall be those trees or qroupinq of trees desiqnated bv a
resolution of the Citv Commission in recoqnition that the trees or oroupinq of trees are of unique
or intrinsic value to the qeneral public. Trees of anv species, including prohibited species, mav
be desionated as Heritaoe Trees, provided thev meet the required criteria. Trees mav be so
desiqnated. if one of the followino criteria applies:
a. lt is an historic tree or oroupino of trees. of notable historical interest and value to the
Citv of Miami Beach because of its or their location or historical association with the
communitv.
b. lt is a tree or qroupino of trees of hioh value to the communitv because of its or their
species, size, aqe, location. distinctive form. exceptional characteristics, ecoloqical
value. aesthetic value or other relevant criteria.
c. lt is a champion tree or qroupino of trees, identified bv the State of Florida Division of
Forestrv as beinq the larqest of its species within the state or bv the American
Forestrv Association as beinq the laroest of its species in the United States or the
world.
Desionations can be initiated bv anv person with the written consent of the propertv owner(s) of
such tree(s) bv makinq an application to the Public Works Department or, on Citv owned
propertv bv the Citv. Desiqnation requests shall be reviewed bv the Public Works Director, and
those trees meetino the requirements of this section shall be presented to the Citv Commission,
which shall decide whether to desionate a tree(s) as a Heritaqe Tree. The desionation of anv
prohibited species as a Heritaoe tree, requires the issuance of a variance from Section 24 of the
Code of Miami-Dade Countv, Florida, and shall be obtained prior to the Citv Commission
Desiqnation. The Citv Clerk shall notifv the propertv owner(s) in writinq of the desiqnation bv the
Citv Commission of the Heritaqe Tree. A listing of desionated Heritaqe Trees, includino the
specific locations thereof, shall be kept bv the Public Works Department.
2. Profecfion; Anv tree or qroupinq desionated as a Heritaoe Tree shall be subiect to the
provisions of this Code.
a. All areas within the drip-line of a Heritaqe Tree shall be protected from anv activitv
that mav disturb or iniure the tree.
b. Prior to the commencement of anv development activities or other potentiallv
disturbinq activities that mav impact a Heritaoe Tree, and for the duration of such
activitv, protective barriers required bv Sec. 46-63. Root cuttino and tree relocations
shall be placed a minimum of fifteen (15) feet from the trunk of the tree or at the drip-
line of the tree. whichever is qreater.
c. Where development activitv or other potentiallv disturbino activitv is permitted within
the drip-line of a Heritaoe Tree, the Urban Forester mav require additional protection
provisions to be incorporated in the conditions of the permit to assure protection of
the Heritaoe Tree.
d. A variance of the required minimum front, rear, and side-vard setbacks mav be
qranted to allow the preservation of Heritaqe Trees.
3. Removal: No tree work permit shall be issued for removal of a Heritaoe Tree without a
written evaluation bv an ISA Certified Arborist and or ASCA Reqistered Consultinq Arborist
demonstratino that removal is necessarv to avoid an immediate peril to life and/or propertv.
and/or the tree is dead. non-viable. or deteriorated to the point that removal is warranted.
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Furthermore, the tree work permit shall not be issued until the Urban Forester evaluates the
tree and determines that removal is necessary. Removal of Heritaqe Trees must be
approved bv the Citv Commission and the replacement shall be determined bv the Citv
Commission.
Sec. 46-65. Specimen tree standards.
1. Specmen frees. Specimen trees that have not been classified as prohibited species shall be
preserved whenever reasonablv possible. The Public Works Department shall consider all of
the followino factors in evaluatinq an application for the renewal of Specimen tree(s):
a. Size and confiouration of the propertv: and
b. Size and confiouration of anv prooosed development. and
c. Location of the tree relative to anv proposed development. and
d. Whether or not the tree can be preserved under the proposed plan or anv
alternative plan; and
e. Health. condition and aesthetic qualities of the tree: andf. Whether the tree poses a threat to persons or propertv.
2. A/fernafe p/ans. lf, upon review of the factors enumerated in Secfion 46-59. the Public
Works Department determines that a Specimen tree cannot reasonablv be preserved under
the proposed plan. the applicant mav be required to provide an alternate plan when
feasible, which shall include preservation of the Specimen tree and desion alterations
consistent with the scope and intent of the initiallv-proposed plan. Alterations consistent
with the scope and intent of the initiallv-proposed plan mav include, but shall not be limited
to:
a. An adiustment of buildinq orientation on a site.
b. An adiustment of lot lines within a site proposal for more than one (1) lot when
such adiustment will not cause an unreasonable loss of usable space. An
applicant shall have the burden of proof in the determination of what constitutes
an unreasonable loss of usable space.
3. Specrmen free relocafion. lf preservation of the Specimen tree and anv alternate desiqn
consistent with the scope and intent of the initial plan are mutuallv exclusive, then the
Public Works Department mav issue a permit to relocate the Specimen tree. lf the tree
removal permit requires relocation. then the applicant shall be required to relocate the tree
in accordance with the standards set forth in Section 46-63.
4. Removal of Specmen frees. lf relocation of the Specimen tree is not reasonablv possible,
due to the size. health. location, species or anv other factor, then a permit mav be issued for
removal, and tree replacement shall be required.
5. Replacemenf requrTemenfs for Specrmen frees. As a condition of the issuance of a tree
removal permit for the removal of a Soecimen tree, tree replacement requirements shall be
twice those specified in Seo
feasible on-site, then alternative otf-site replacement shall be required on Citv approved
publiclv owned land or publiclv accessible parcels. -ln the event that there is insufficient
plantino space available at a Citv approved offsite location, there shall be an equitable
contribution to the Citv of Miami Beach Tree Preservation Trust Fund for double the amount
e#$4# for each{pineh€BH tree required as replacement trees in accordance with the
Section 46-62.
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305
6. Exemptions from Specimen tree replacement requirements. An aoolicant mav be exemot
from the Specimen tree replacement requirements of Section 46-65, but subiect to the tree
replacement requirements in Section 46-62, under the followinq circumstances:
a. The submittal of a tree appraisal report or tree risk assessment report from a
landscape architect reqistered in the State of Florida. ISA Certified Arborist or an
ASCA Reqistered Consultino Arborist that states that a Specimen tree, due to
disease, condition, qrowth habit or anv other reasonable botanical factor, does
not provide the aesthetic or environmental contribution associated with a
Specimen tree. The report shall include the specific reason(s) for the claimed
exemption from the provisions of Section 46-65: or
b. When preservation of the Specimen tree would cause a foreseeable risk to
propertv: or
c. When a site contains more than one (1) Specimen tree, and fiftv (50) percent or
more of the existinq Specimen trees and at least fiftv (50) percent of the existinq
Specimen tree canopv area is preserved: or
d. Specimen tree exemptions approved bv the Urban Forester.
Sec. 46-66. Citv of Miami Beach Tree Preseruation Trust Fund.
1. Esfab/ishmenf of frusf; There is herebv created the Miami Beach Tree Preservation Trust
Fund (the "Trust") for the purpose of acceptino and disbursinq the replacement fees paid to the
Citv of Miami Beach as part of tree work permits and anv other monies deposited with the Public
Works Department for tree preservation purposes. This fund shall solelv be used for the plantinq
of trees on publiclv owned land in the Citv of Miami Beach, and anv other ancillarv costs
associated with the olantino, establishment or preservation of trees.
2. Ierm of exisfence; The Trust shall be self-perpetuatinq from vear to vear, unless specificallv
terminated bv the Citv Commission.
3. Irusf assefs: All monies received hereunder from public or private concerns shall be placed
in trust for and inure to the use and benefit of the Citv of Miami Beach. These funds shall be
expended, utilized and disbursed onlv for the plantinq, establishment or preservation of trees as
desiqnated in this division, by the Public Works Department on publiclv owned land, and upon
approval of the Citv Commission. Trust funds will be used to obtain trees, landscapinq, irriqation
svstems. and anv other items or materials necessary and proper for the preservation,
maintenance. relocation or restoration of trees and the urban forest on anv publiclv owned land
in Miami Beach.
4. Trust administration:
a. Trust funds shall be expended. utilized and disbursed bv the Public Works
Department. upon approval of the Citv Commission, for the purposes desionated in
this section.
b. All funds deposited hereunder shall be deposited in the Trust. which must be a
separate account established and maintained from the oeneral revenue funds and
accounts of the Citv.
c. The funds obtained hereunder mav be accepted on behalf of the Citv bv the Citv
Manaqer. who shall promptlv deliver to the Department of Finance, which shall cause
the same to be credited to the Trust.
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306
d. The Trust funds will be used to obtain trees, landscapinq, irriqation svstems, and anv
other items or materials necessary and proper for the preservation, maintenance,
relocation or restoration of trees and the urban forest on anv publiclv owned land or
publiclv accessible parcels in Miami Beach. These funds mav also be expended bv
the Citv of Miami Beach for the Adopt-a-Tree Proqram, or similar proqram approved
bv the Citv Commission.
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Sec. 46-68 Trees constitutinq a public nuisance.
1. Anv tree, dead tree or tree stump upon anv parcel of land within the Citv of Miami Beach
which imminentlv threatens or endanoers the public health, safetv or welfare, or which
the Urban Forester determines to be a threat to the Citv of Miami Beach's urban forest
due to an untreatable disease or infestation, is declared a public nuisance.
2. Trees or other woodv plant species. on propedv borderinq on anv street, which obstruct
the passaqe of pedestrians on sidewalks, obstruct vision of traffic sions, or obstruct sioht
lines at anv street or allev intersection are declared a hazard.
3. lt shall be the dutv of anv person owninq or occupvinq real propertv on which there mav
be nuisance trees, dead trees, stumps or hazards as described in subsection (1) /or (2)
to remove when corrective pruninq or treatment cannot alleviate the hazard or nuisance,
correctivelv prune in accordance with American National Standards lnstitute A-300
Pruning Standards (part 1), or treat those hazards and nuisances in such manner as to
eliminate the threat to public safetv or the possibilitv of infectinq or infestinq surroundinq
plant life. Canopv mitiqation shall be required in accordance with Sec. 46-62 Tree
Replacement and Sec. 46-65, Specimen Tree Standards, as applicable.
4. The owner must remove, correctivelv prune, or treat such tree, dead tree or stump no
later than ten (10) davs after receipt or postinq of the aforementioned Notice of Violation.
The Citv mav remove, correctivelv prune, or treat the same or have the same removed,
correctivelv pruned or treated and the exact cost thereof shall be assessed to the owner
should the hazard or nuisance not be corrected.
307
I Sec. 46-687O. EnforcemenUcivil remedies.
Enforcement and Penalties.
(a) Civil fine for violators. The followinq civil fines shall be imposed for a violation of
Section 46-59, for those violations incurred for not obtainino a Tree Work Permit:
(1) First offense committed within a 12 month period -$1000.00:
(2) Second offense within a 12 month period -$2000.00:
(3) Third offense and subsequent offenses within a 12 month period -$3000.00.
(b) Civil fine for violators. The followinq civil fines must be imposed for a violation of this
Division. exceot for those penalties set forth in subsection (a):
(1) First offense within a 12 month period- $500.00;
(2) Second offense within a 12 month period -$1000.00:
(3) Third offense and subsequent offenses within a 12 month period- $1500.00.
(c) Enforcement. The Public Works Department shall enforce the provisions of this
Division. This shall not preclude other law enforcement aqencies or requlatorv bodies
from anv action to assure compliance with this Division. and all applicable laws. lf an
enforcinq officer finds a violation of this Division, the officer mav issue a Notice of
Violation to the violator. The Notice of Violatlon must inform the violator of the nature
of the violation. amount of fine for which the violator is liable. instructions and due
date for pavinq the fine. notice that the Violation mav be appealed bv requesting an
administrative hearino within ten davs after service of the Notice of Violation, and
that failure to appeal the violation within the ten davs, shall constitute an admission
of the violation and a waiver of the riqht to a hearino.
(gD Riohts of violators; pavment of fine: riqht to appear: failure to pav civil fine or to
aPPeal.
(]f A violator who has been served with a Notice of Violation must elect to either:
a. Pav the civil fine in the manner indicated on the Notice of Violation; or
b. Request an administrative hearinq before a special master to appeal
the Notice of Violation, which must be requested within 10 davs of the
issuance of the notice of violation.
(!) The procedures for appeal bv administrative hearinq of the Notice of Violation
shall be as set forth in Sections 30-72 and 30-73 of the Citv code.
(Q lf the named violator, after issuance of the Notice of Violation, fails to pav the
civil fine, or fails to timelv request an administrative hearino before a special
master, the special master mav be informed of such failure bv report from the
officer. Failure of the named violator to appeal the decision of the officer
within the prescribed time period must constitute a waiver of the violator's
risht to an administrative hearinq before the special master, and must be
treated as an admission of the violation. which fines and penalties to be
assessed accordinqlv.
23
308
!!) A certified copv of an order imposinq a fine mav be recorded in the public
records. and thereafter shall constitute a lien upon anv real or personal
propertv owned bv the violator, which mav be enforced in the same manner
as a court iudoment bv the sheritfs of this state, includinq lew aqainst the
violator's real or personal propertv, but shall not be deemed to be a court
iudqment except for enforcement purposes.
(Q Anv partv aqorieved bv a decision of a special master mav appeal that
decision to a court of competent iurisdiction.
(Ql The Special Master shall be prohibited from hearins the merits of the Notice
of Violation or the consideration of the timeliness of a request for an
administrative hearinq, if the violator has failed to request the administrative
hearinq within ten (10) davs of the issuance of the Notice of Violation.
(Z) The Soecial Master shall not have discretion to alter the penalties prescribed
in Subsections 46-68#€ (a) and (b) herein.
(s) Enhanced penalties. The followinq enhanced penalties shall be imposed, in addition
to anv mandatorv fines set forth in subsections (a) and (b) above, for violations of
this Section:
fl) Enhanced Penalties for Subsectlon (a):
(a) The tree work activitv must be immediatelv terminated, upon confirmino a
violation has occurred, bv the Miami Beach Police Department and the
Public Works Department.
(b) Violations for subsection (a) shall be issued to the propertv owner and the
tree services companv, who shall be ioint and severallv liable for the
violation.
(s) The Public Works Department shall decline to issue a Tree Work Permit
to such person. individual, entitv, business, companv or anv affiliates that
have violated this Section within a three (3) month period. The prohibition
from receivinq the Tree Work Permit shall be for a three (3) month period
of time.
(!) Enhanced Penalties for Subsection (b):
(a) lf the offense is a fourth offense within the precedino 12 month period of
time, in addition to the fine set forth in subsection (b). the propertv owner,
tree services companv permittee or anv affiliates shall be prohibited from
receivinq a Tree Work Permit for a three (3) month period of time.
(b) lf the offense is a fifth offense within six (6) months followinq the fourth
offense, in addition to anv fine set forth in subsection (b), the propertv
owner, tree services companv permittee or anv affiliates shall be
prohibited from receivino a Tree Work Permit for a six (6) month period of
time. The propertv owner, tree services companv or permittee shall be
24
309
deemed a habitual offender.
(g) The Public Works Department mav decline to issue future Tree Work
Permits to such person, individual. entitv. business, companv or anv
atfiliates that have been deemed habitual offenders pursuant to this
section for a period of up to one vear.
Sec. 46-O974. Prohibited species.
This Division incorporates bv reference the prohibited species list in Chapter 24 of the Miami-
Dade Countv Code. lf present on a development or redevelopment site, thev shall be removed
prior to development or redevelopment. and their sale. propaqation, plantino, importation or
transportation is prohibited. The onlv exceptions to this shall be if the particular site contains
prohibited soecies trees that have been desiqnated as Heritaqe trees or are located in a
desiqnated historic district as so defined in Sec. 46-56 herein, provided a variance from the
requirements of Chapter 24 of the Code of Miami-Dade Countv, Florida. has been obtained. No
fees shall be charqed for their removal, and replacement trees mav be required for the removal
of anv prohibited species in accordance with Citv of Miami Beach Code Sec. 118-251. Final
decisions on canopv replacement for prohibited species shall involve review and approval from
the Public Works De . This list mav be amended from
time to time as set forth in Section 24-49.9 of the Code of Miami-Dade Countv, Florida.*he
PHblie Werks BeBa
Secs. 464-E - 46-90. Reserved.
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SECTION 2. COD!FICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
25
310
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect ten days following adoption.
PASSED AND ADOPTED this _ day of
ATTEST:
2014.
PHILIP LEVINE, MAYOR
RAFAEL GMNADO, CITY CLERK
APPROVED AS TO FORM &
LANGUAGE & FOR EXECUTION
e-4-t4
Date
First Reading:Second Reading:
Verified by:
Underscore denotes new language
S+*t<e+nrcugh denotes stricken lang uage
Red Print and Doublffi denotes new language between first and second
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denotes stricken language between first and
second reading
09t03t2014
26
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COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment creating a definition for Motion Picture
Theaters.
Clerk's Office islative Tracki
AGENDA t:jEM fltB
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
ent across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to is "about the riqht amount."
Item S ummary/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance would create a definition for Motion Picture Theaters.
On September 10, 2014, lhe City Commission approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for October 22,2014.
The Administration recommends that the City Commission adopt the Ordinance.
On July 22,2014, the Planning Board recommended approval of the subject Ordinance by a vote of
5 to 0 (Planning Board File No. 2196).
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
T:\AGEN DA\20 1 4\OctobeAMotion Picture Defi nition - SU M Second Readi n g. docx
MIAMIBEACH oere l0-22'lV313
MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members f the City C
SUBJECT: DEFINITION OF MOTION PICTURE THEATER
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAM! BEACH, FLORIDA, BY AMENDING CHAPTER 114, "GENERAL
PROVISIONS," SECTION 114-1, "DEFINITIONS," BY ADDING A
DEFINITION OF MOTION PICTURE THEATRE; PROVIDING FOR
REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On May 21,2014 the City Commission adopted Ordinance No. 2014-3861, which
established criteria, standards and procedures for the sale of alcohol in motion picture
theaters. Such Ordinance, which was initiated at the request of Regal Cinemas, will
allow the sale of alcohol at the movie theater on Lincoln Road, and other theaters that
meetthe minimum criteria of (i) 15,000 sq.ft., (ii) 300 permanent auditorium seats, and
(iii) located in Commercial High lntensity Districts (CD-3).
As, the City's Land Development Regulations do not currently define 'motion picture
theaters', the City Commission also referred an Ordinance Amendment to the Planning
Board to create a definition for motion picture theaters.
ANALYS!S
The subject Ordinance proposes the following definition for motion picture theaters:
Motion Picture Theater means a building or part of a building used solely for the
purpose of showing movies, motion pictures and projections of events and
performances conducted elsewhere, including permitted accessory uses, such as
eating and drinking concessions; and provided such theater, or any part thereof,
is not an adult entertainment establishment (section 142-1271), dance hall, nor
entertai nment establishment (section 1 1 4-1).
FRoM: Jimmy L. Morales, City Manager
DATE: October 22,2014 SECOND READING - PUBLIC HEARING
314
Commission Memorandum
Ordinance - Definition of Motion Picture Theater
October 22, 2014 Page 2 of 2
The proposed definition cross-references Section 142-1277-1, Adult Entertainment, to
make it clear that any theaters that meet the definition for an adult establishment would
not meet the criteria for alcohol sales. The definition proposed herein also goes slightly
beyond the traditional, static'motion picture', which is a movie filmed elsewhere for later
viewing. Popular in large auditorium theaters are the projection of certain types of live
activities, such as concerts and sporting events.
PLANNING BOARD REVIEW
On July 22, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 5 to 0 (PB File No. 2196).
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
UPDATE
The subject Ordinance was approved at First Reading on September 10, 2014.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
t ffin**
T:\AGENDA\2014\October\lVlotion Picture Definition - MEM Second Reading.docx
315
DEFINITION OF MOTION PICTURE THEATER
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
GITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY AMENDING GHAPTER 114,
"GENERAL PROVISIONS," SECTION 114-1, ,'DEFlNlTlONS," By
ADDING A DEFINITION OF MOTION PICTURE THEATRE; PROVIDINGFOR REPEALER; CODIFICATION; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the Code of the City of Miami Beach specifies location and use
restrictions on motion picture theaters located within the City; and
WHEREAS, the City Commission deems it advisable to update the definitions in
the Land Development Regulations to include Motion Picture Theaters; and
WHEREAS, changing the definitions is in the best interest of the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. City Code, Chapter 114, "General Provisions," Section 114-1, "Definitions,"
is hereby amended as follows.
Sec. 114-1. Definitions.
The following words, terms and phrases when used in this subpart B, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Mofion Picfure Iheafer means a buildinq or part of a buildinq used solelv for the purpose
of showino movies, motion pictures. and proiections of events and performances
conducted elsewhere. includino permitted accessorv uses such as eatinq and drinkinq
concessions. and provided such theater. or anv part thereof, is not an adult
entertainment establishment (section 142-1271). dance hall, nor entertainment
establishment (section 1 14-1 ).
SECTION 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. Godification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 4. Severability.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
316
remainder shall not be affected by such invalidity.
SECTION 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
CITY CLERK
First Reading:
Second Reading:
Verified by:
Planning Director
T:\AGENDA\2014\October\Motion Picture Definition - ORD Second Reading.docx
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
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2014.
September 10,
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COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment modifying the maximum height limits, setback
and active use requirements for main use parking garages located within the Collins Waterfront Local
Historic District.
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
rowth manaqement across the Citv.
Supporting Data (Surveys, EnvironmentalScan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to reoulate development is "about the rioht amount."
Item S ummary/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance would increase the overall allowable height and modify the active accessory
use requirements for main use parking garages located in the Collins Waterfront Local Historic
District.
On September 10,2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for October 22,2014.
The Administration recommends that the City Commission adopt the Ordinance.
On July 22,2014, the Planning Board recommended approval of the subject Ordinance by a vote of
5 to 0 (Planning Board File No. 2189).
Financia! lnformation :
Source of
Funds:
Amount Account
1
2
3
OBP!Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
islative Trac
Thomas Mooney
T:\AG E N DA\20 1 4\October\Colli ns Waterfront Garage Heights - S U M Second
AGENDA ITEIIi
DATE
RSC
to-p-tyMIAMIBEACH319
MIAMIBEACH
Cibt of Miomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
DATE: October 22,2014
SUBJECT: COLLINS WATERFRONT P
READING - PUBLIC HEARING
GARAGE HEIGHTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE GODE OF THE CITY OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 130, "OFF.STREET
PARKING," ARTIGLE lll, ,,DESIGN STANDRDS," SECTION 130-69,..GOMMERCIAL AND NON.COMMERCIAL PARKING GARAGES," BY
AMENDING THE MAXIMUM HEIGHT AND REQUIREMENTS FOR
ALLOWABLE AGCESSORY GOMMERCIAL AND RESIDENTIAL USES OF
MAIN USE PARKING GARAGES LOCATED WITHIN THE COLLINS
WATERFRONT LOGAL HISTORIC DISTRICT; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
ADM!NISTRATION RECOMMEN DATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On April 23, 2014, the City Commission, at the request of Commissioner Jonah Wolfson,
referred a discussion item to the Land Use and Development Committee (ltem R9X),
regarding an Ordinance Amendment to permit additional height for garages in the RM-2
district, and to permit certain garages without commercial or residential units.
On May 7, 2014, the Land Use and Development Committee referred the item to the
Planning Board as an ordinance amendment, with a favorable recommendation. The
Land Use and Development Committee also recommended that active space be
required on all ground floor levels.
ANALYSIS
Within the Collins Waterfront Local Historic District, generally bounded by lndian Creek
and the Atlantic Ocean, from 26th to 441^ Streets, parking garages are permitted within
the RM-2 districts. Section 130-68 of the City Code establishes the design standards for
commercial and non-commercial parking garages; specifically, as a main use on a
separate lot these structures are subject to the following regulations, when located within
TO:
FROM:
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
the City
320
Commission Memorandum
Ordinance - Collins Waterfront Parking Garage Heights
October 22, 2014 Page 2 of 3
an RM-2 Zoning District:
o Residential or commercial uses, as applicable, at the first level along every
facade facing a street, sidewalk, waterway or the ocean.o Residential uses above the first level along every facade facing a waterway or
the ocean.. All facades above the first level, facing a street or sidewalk, shall include a
substantial portion of residential uses; the total amount of residential space shall
be determined by the Design Review or Historic Preservation Board, as
applicable, based upon their respective criteria.o When a parking garage is located on Collins Avenue from 25th to 44th Streets in
an RM-2 district where the subject site is located adjacent to an RM-3 district,
such garage may also have first floor frontage with space occupied for
commercial uses facing the subject RM-3 area. However, dance halls,
entertainment establishments, neighborhood impact establishments, outdoor
entertainment establishments or open-air entertainment establishments shall be
prohibited uses in the garage structure.. The combined residential and/or commercial space cannot exceed 25 percent of
the total floor area of the structure, with the commercial space not exceeding ten
percent of the total floor area of the structure, nor shall any accessory
commercial space exceed 40 feet in depth. Additionally, in no instance shall the
amount of floor area of the structure used for parking, exclusive of the required
parking for the above described residential or commercial space, be less than 50
percent of the total floor area of the structure, so as to insure that the structure's
main use is as a parking garage.
ln addition to these mandatory design standards, the height limit for a main use parking
garage is the lesser of 50 feet or the maximum height specified in the underlying zoning
district. For RM-2 zoned properties within the Collins Waterfront Local Historic District,
the maximum building height for a stand-alone residential project is 8 stories / 75 feet.
However, as 50 feet is the lesser of the height limit, main use garages are currently
limited to 50 feet.
A proposal has been put forward by a major hotel group within the Collins Waterfront
District to allow for main use garages to have a height limit of 8 stories I 75feet, which
would be consistent with the height limit for residential projects in the district. The
rationale for this proposal is to be able to provide additional parking within a confined
area that is in need of more parking. Additionally, given the very limited supply of vacant
land and other land that could be used for vertical parking structures, being able to
maximize the number of spaces within a site would benefit both residents and visitors
alike.
As part of this Ordinance Amendment, a reduction in the amount of required active uses
along the upper portions (those floors above the first level) of the structure facing a
waterway has been proposed. No changes are proposed for the required active uses at
the first level, as it has been the long time consensus that activation along the first level
of all sides of a parking garage facing a sidewalk is a critical component for a healthy,
vibrant and pedestrian oriented street. Additionally, activating the first level of all sides
of a parking structure facing a sidewalk creates a much safer and aesthetically superior
structure when experienced at the pedestrian level.
321
Commission Memorandum
Ordinance - Collins Wateiront Parking Garage Heights
October 22, 2014 Page 3 of 3
Planning staff did express some concern with the complete elimination of required active
space at the upper levels of a garage, as the aesthetic quality of a larger garage could
be compromised when viewed from lndian Creek. However, the Planning Board was
supportive of allowing the Historic Preservation Board to have discretion regarding uses
above the first floor.
PLANNING BOARD REVIEW
On July 22, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 5 to 0 (PB File No. 2189).
FISGAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
UPDATE
The subject Ordinance was approved at First Reading on September 10, 2014.
CONCLUSION
The {dministration recommends that the City Commission adopt the Ordinance.
4t4,1.t(utxt/nau
I
T:\AGE NDA\20 1 4\OctobeACollins Waterfront Garage Heights - MEM Second Reading.docx
322
Gollins Waterfront Historic District Parking Garage Heights Ordinance
ORDINANCE NO
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY AMENDING GHAPTER 130,..OFF.STREET PARKING," ARTICLE III, "DESIGN STANDARDS,"
SECTION 130.68, "COMMERCIAL AND NONCOMMERCIAL PARKING
GARAGES," BY AMENDING THE MAXIMUM HEIGHT AND
REQUIREMENTS FOR ALLOWABLE ACCESSORY COMMERCIAL
AND RESTDENTIAL USES OF MAIN USE PARKING GARAGES
LOCATED WITHIN THE COLLINS WATERFRONT LOCAL HISTORIC
DISTRICT; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Collins Waterfront Local Historic District has been designated by the
City as a Local Historic District; and
WHEREAS, the addition of off street parking facilities within the Collins Waterfront
District is necessary and desired in order to accommodate increased hotel traffic; and
WHEREAS, the City desires to increase the allowable heights for main-use parking
garages in the Collins Waterfront Historic District; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 130 of the City Code, entitled "Off-Street Parking," Article lll, "Design
Standards," Section 130-68, "Commercial and Noncommercial Parking Garages," is hereby
amended as follows:
Sec. 130-68. Commercial and noncommercial parking garages.
Commercial and noncommercial parking garages as a main use on a separate lot shall be
subject to the following regulations, in addition to the other regulations of this article:
(1) When located in the CD-1, CD-z, CD-3, C-PS1, C-PS2, C-PS3, C-PS4, MXE and l-1
districts and in GU districts adjacent to commercial districts, a commercial or
noncommercial parking garage shall incorporate the following:
a. Residential (when permitted) or commercial uses at the first level along every
facade facing a street, sidewalk, watenruay or the ocean. For properties not
having access to an alley, the required residential or commercial space shall
accommodate entrance and exit drives.
b. Residential (when permitted) or commercial uses above the first level along
every facade facing a watenruay or the ocean.
c. All facades above the first level, facing a street or sidewalk, shall include a
substantial portion of residential or commercial uses; the total amount of
323
(2)
residential or commercial space shall be determined by the design review or
historic preservation board, as applicable, based upon their respective criteria.
However, in no instance shall the above described residential (when permitted) or
commercial space exceed 25 percent of the total floor area of the structure. Additionally,
in no instance shall the amount of floor area of the structure used for parking, exclusive
of the required parking for the above described residential or commercial space, be less
than 50 percent of the total floor area of the structure, so as to insure that the structure's
main use is as a parking garage.
When located in the RM-1, RM-2, RM-3, R-PS1, R-PS2, R-PS3 and R-PS4 districts and
the GU districts adjacent to residential districts, the following regulations shall apply:a. Commercial or noncommercial parking garages shall incorporate the following:1. Residential or commercial uses, as applicable, at the first level along every
facade facing a street, sidewalk, waterway or the ocean. For properties not
having access to an alley, the required residential or commercial space
shall accommodate entrance and exit drives.2. Residential uses above the first level along every facade facing a watenruay
or the ocean. For main use oaraoes located within the Collins Waterfront
Local Historic District. with frontaqe on both lndian Creek Drive and Collins
Avenue, either residential or office uses shall be permitted facino lndian
Creek Drive. Additionallv. the Historic Preservation Board mav approve a
lesser amount of residential or office uses alonq everv facade above the
first floor facino lndian Creek Drive. provided the Board determines that the
desion of the facade satisfies the Certificate of Appropriateness Criteria in
Chapter 1 18, Article X of the Land Development Reoulations.3. All facades above the first level, facing a street or sidewalk, shall include a
substantial portion of residential uses; the total amount of residential space
shall be determined by the Design Review or Historic Preservation Board,
as applicable, based upon their respective criteria.b. ln addition, the following shall apply:1. When a parking garage is located in the RM-3 or R-PS4 districts, or on
Collins Avenue from 25th to 44th Streets, or on West Avenue, south of 11th
Street, in an RM-2 district where the subject site is located adjacent to an
RM-3 district, such garage may also have first floor frontage with space
occupied for commercial uses facing the subject RM-3 area.2. When a parking garage is located in an RM-1 district, where the subject site
is abutting a property line or separated by an alley from a CD-3 district, the
garage may also serve commercial uses.3. When a parking garage is located in an RM-2 district, where the subject site
is fronting on or separated by a street but not an alley or property line from
a CD-2 or CD-3 district, such garage may also have first floor frontage with
space occupied for commercial uses facing the subject CD-2 or CD-3 area,
and also serve commercial uses.4. Any parking structure permitted under subsections (2)b.2. and 3. that serve
commercial uses shall be restricted to self-parking only. No valet parking
shall be allowed.5. At least one third of the parking spaces in any parking structures permitted
under (2)b.2. and 3., shall be dedicated for residential uses at all times. The
planning board may, based upon the projected neighborhood demand,
increase or decrease the percentage of residential parking as part of the
conditional use process.
324
6. When commercial uses are permitted in the ground floor of parking
structures under this subsection (2) dance halls, entertainment
establishments, neighborhood impact establishments, outdoor
entertainment establishments or open-air entertainment establishments
shall be prohibited uses in the garage structure.
ln no instance shall the above described combined residential and/or commercial space
exceed 25 percent of the total floor area of the structure, with the commercial space not
exceeding ten percent of the total floor area of the structure, nor shall any accessory
commercial space exceed 40 feet in depth. Additionally, in no instance shall the amount
of floor area of the structure used for parking, exclusive of the required parking for the
above described residential or commercial space, be less than 50 percent of the total
floor area of the structure, so as to insure that the structure's main use is as a parking
garage. Signage for commercial uses allowable under this provision are limited to one
nonilluminated sign no greater than ten square feet in area per business.(3) When located in residential districts, a commercial or noncommercial parking garage
shall serve only residential uses except as provided in subsection (2). A commercial or
noncommercial parking garage shall provide required parking for any commercial use
located within the garage.(4) The height limit shall be 75 feet in the CD-3 district, excluding parking garages within a
local historic district and in the GU district; for all other districts (including local historic
districts), the height limit shall be the lesser of 50 feet or the maximum height specified in
the undedying zoning district; however, the maximum permitted height for residential
uses shall be as specified in the underlying zoning district. Notwithstandino the
foreqoino. for main use parkino qaraqes located on non-oceanfront lots within the Collins
Waterfront Local Historic District. with frontaoe on both lndian Creek Drive and Collins
Avenue. the maximum heiqht shall be as soecified in the underlvinq zonino district, not
to exceed 8 stories and 75 feet.(5) Setbacks shall be the same as the pedestal setbacks for the underlying zoning district.
For main use parkino qaraqes located on non-oceanfront lots within the Collins
Waterfront Local Historic District, with frontaqe on both lndian Creek Drive and Collins
Avenue. the required pedestal setbacks mav extend up to a maximum heioht of 8 stories
and 75 feet.(6) The volume of such commercial and noncommercial parking garages shall be limited by
the required setbacks and heights described within this section and shall not be subject
to the floor area ratios prescribed for in the underlying zoning district.(7) Parking garages that are built solely with public funds may be exempt from the
requirements of subsections (1) and (2), above, if meeting the requirement would affect
the tax exempt status of the project. The forgoing does not limit the city commission's
ability to waive development regulations for GU properties as per section 142-425.(8) For main use parking garages within the GU and CCC districts. Robotic parking
systems may be used, notwithstanding the provisions of article lll, "Design Standards,"
referencing minimum parking space dimensions, drive width, interior aisle width, and
required markings. Robotic parking system means a mechanical garage using elevator
systems to hoist individual vehicles from receiving areas to separate auto storage areas.
Under this provision, accessory off-street parking spaces requirements may not be satisfied
through the use of robotic parking systems.(9) When located in the TC-3 and GU districts located within the TC-3 districts in the North
Beach Town Center area, the following regulations shall apply:a. When a parking garage is located in the TC-3 district, such garage may also have first
floor space occupied for commercial uses, subject to conditional use approval.
325
b. Residential or commercial uses shall be incorporated at the first level along every facade
facing a street, sidewalk or waterway. The required residential or commercial space may
accommodate entrance and exit drives for vehicles, inclusive of ramping running parallel
to the street.c. When the subject site is abutting or separated by an alley from a TC-1 district, the
garage may also serve commercial uses.
d. ln no instance shall the above-described combined residential and/or commercial space
exceed 35 percent of the total floor area of the structure.e. Additionally, in no instance shall the amount of floor area of the structure used for
parking, exclusive of the required parking for the above-described residential or
commercial space, be less than 50 percent of the total floor area of the structure, so as
to insure that the structure's main use is as a parking garage.
f. The height limit shall be 50 feet.g. Setbacks shall be the same as the setbacks for the TC-3 zoning district, except that
parking garages on lots with a front yard facing a street right-of-way greater than 50 feet
in width, shall have a minimum front yard setback of ten feet.
h. The volume of such commercial and noncommercial parking garages shall be limited by
the required setbacks and heights described within this section and shall not be subject
to the floor area ratios prescribed for in the underlying zoning district.
i. Signage for commercial uses allowable under this provision shall be governed by the
TC-3 district regulations.
SECTION 2. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Miami Beach as amended;
that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be
and the same are hereby repealed.
SECTION 4. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2014.
ATTEST:
CITY CLERK
MAYOR
326
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
ts- u- (4
&kFirst Reading:
Second Readi
September 10,2014
r 22,2Q14
Verified by:
Thomas R.
T:\AGENDAVO14\OctobeACollins Waterfront Garage Heights - ORD Second Reading.docx
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328
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment to modify the conditional use requirements for
RM.1 located within the Collins Waterfront Local Historic District.
lntended Outcome
AGENDA,T.* RtD
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmenta! Scan, etc 48o/o of residential respondents and 55% of
businesses rate the etfort put forth by the City to is "about the riqht amount."
Item Summary/Recommendation :
FIRST READING - PUBLIC HEARING
The proposed Ordinance would amend the Land Development Regulations to modify the list of
conditional uses for RM-1 properties located in the Collins Waterfront Local Historic district to allow for
hallfor hire and/or restaurant uses within a designated historic site.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; 2) approve the attached Ordinance at First
Reading and schedule a Second Reading Public Hearing for November 19, 2014; and 3) refer a
modification to the Land Development Regulations establishing a definition for'Hall for Hire' to the
Planninq Board.
On August 26,2014 the Planning Board recommended approval of the subject Ordinance by a vote
of 6 to 0 (Planning Board File No. 2205).
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Tota!
Financial !mpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
T:\AGENDA\2014\October\RM-1 Collins Park CUP - ORD
MIAMIBEACH D^rE lo-Lz-lq329
MIAMIBEACH
Cify of iliomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33139. www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
October 22,2014
Gonditional Uses in the Collins
READING . PUBLIC HEARING
Historic District
AN ORDINANCE OF THE MAYOR AND CITY COMMISSTON OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDTNG GHAPTER 142,
"zoNlNG DlsTRlcTS AND REGULATIONS," ARTICLE lt, ,,DISTRICT
REGULATIONS," DIVISION 3, "RESIDENTTAL MULTIFAMTLY DISTRICTS,"
SUBDIVISION !!, "RM-1 RESIDENTIAL MULTIFAMTLY LOW INTENSITY,"
TO MODIFY THE CONDITIONAL USE REQUTREMENTS FOR PROPERTTES
LOCATED WITHIN THE GOLLINS WATERFRONT LOCAL HISTORIC
DlsrRlGT; PRovlDlNG FoR REPEALER; SEVERABTLtw; coDrFrcATtoN;
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; approve the attached
Ordinance at First Reading, and schedule a Second Reading Public Hearing for
November 19, 2014; and refer a modification to the Land Development Regulations
creating a definition for'Hallfor Hire'to the Planning Board.
BACKGROUND
On April 23,2014, at the request of Commissioner Michael Grieco, the City Commission
referred a discussion item to the Land Use and Development Committee, which would
expand the use of Conditional Uses in the RM-1 districts within the Collins Waterfront
Historic District, under limited circumstances.
On June 12, 2014, the Land Use and Development Committee recommended that the
subject Ordinance be referred to the Planning Board. On July 23, 2104, the City
Commission referred the proposed Ordinance to the Planning Board (ltem C4B).
Currently within the RM-1 zoning district, only the following 'Conditional Uses' are
permitted:
o Adult Congregate Living Facility;
330
Commission Memorandum
Ordinance Amendment - Conditional Uses rn the Collins Waterfront Historic Districl
October 22, 2014 Page 2 of 4
. Day Care Facility;. Nursing Home;. Religiouslnstitutions;o Private And Public lnstitutions;o Schools;. Commercial or Noncommercial Parking Lots And Garages.
The proposed Ordinance would expand the list of Conditional Uses to include a hall for
hire and/or restaurant use for properties designated as a Local Historic Site.
ANALYSIS
The RM-1 residential multifamily, low density district is designed for low intensity, low
rise, single-family and multiple-family residences. The main permitted uses in the RM-1
district are single-family detached dwellings, townhomes and residential apartments.
The following 'Conditional Uses' are also permitted within the RM-1 Zoning District:
o Adult Congregate Living Facility;. Day Care Facility;. Nursing Home;o Religiouslnstitutions;o Private And Public lnstitutions;o Schools;. Commercial or Noncommercial Parking Lots And Garages.
The Miami Beach Women's Club Building is a designated Historic Site (HPS-S) and is
located within the boundaries of the Collins Waterfront Local Historic District.
Additionally, the Women's Club site is zoned RM-1, and thus limited to the uses listed
above.
As the Women's Club structure was designed and built as an 'Assembly Hall', the
adaptive re-use of the facility has proven to be challenging, particularly within the
confines of a more restrictive, low-density multi-family zoning district. ln order to address
this issue, a proposal has been put forward to expand the list of conditional uses in the
RM-1 district, for certain properties located within the Collins Waterfront Local Historic
District (See attached map illustrating the boundaries of this area).
Specifically, a hall-for-hire and/or restaurant use would become a conditional use for
properties located in the Collins Waterfront Local Historic District, which are designated
as Historic Sites. Such an amendment would not be limited to a single piece of property,
and would give the owners of the historic Women's Club structure much needed latitude
to accommodate a tangible, adaptive re-use of the structure. Further, as the subject use
would require the review and approval of the Planning Board, appropriate intensities of
use, as well operational safeguards would be at the discretion of the Planning Board.
ln order to ensure that any future hall-for-hire use and/or restaurant is compatible with
the low scale, residential character of the immediate geographical area, the following
additional limitations on any future proposed conditional use are suggested:
o The prohibition of dance halls, entertainment establishments, neighborhood
331
Commission Memorandum
Ordinance Amendment - Conditional Uses rn the Collins Waterfrcnt Historic Distict
October 22, 2014 Page 3 ot 4
impact establishments, outdoor entertainment establishments, open air
entertainment establishments and outdoor music (including background music),
proposed to be operated on a permanent basis.
o Stand-alone bars and alcoholic beverage establishments, not functioning as a
restaurant or hall-for-hire, shall be prohibited.
. Outdoor dining uses shall not be permitted.
o The total number of seats of any stand-alone restaurant would be limited to no
more than 125.
With appropriate safeguards and controls, the use of the facility as a hall-for-hire, or
neighborhood type caf6 could be an asset to the surrounding area, as well as provide a
mechanism for the use of the restored, historic structure. The attached draft Ordinance
includes all of the aforementioned proposals.
PLANNING BOARD REVIEW
On August 26, 2014, the Planning Board (by a vote of 6-0) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation. The Planning
Board also recommended that the City Commission refer a separate amendment to the
Land Development Regulations, creating a definition for'Hallfor Hire'.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission:
1. Accept the recommendation of the Land Use and Development Committee via
separate motion.
2. Approve the attached Ordinance at First Reading and schedule a Second
Reading Public Hearing for November 19, 2014.
3. Refer a modification to the Land Development Regulations creating a definition
for'Hallfor Hire'to the Planning Board.
+ffilXynXmr\RM-1 couins park cUp - oRD First Read MEM docx
332
Commission Memorandum
Ordinance Amendment- Conditional Uses rn the Collins Wateiront Historic Distict
October 22, 2014 Pase 4 of 4
333
CONDITIONAL USES !N COLL!NS WATERFRONT DISTRICT
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING
CHAPTER 142, "ZON!NG DISTRICTS AND REGULATIONS,'' ARTICLEII, "DISTRICT REGULATIONS,'' DIVISION 3, "RESIDENTIAL
MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM.1 RESIDENTIAL
MULTIFAMILY LOW INTENSITY," TO MODIFY THE CONDITIONAL
USE REQUIREMENTS FOR PROPERTIES LOGATED WITHIN THE
COLLINS WATERFRONT LOCAL HISTORIC DISTRIGT; PROVIDING
FOR REPEALER; SEVERABILITY; GODIFICATION; AND AN
EFFECTIVE DATE.
WHEREAS, the City Code contains provisions for conditional uses within the
RM-1 zoning districts; and
WHEREAS, the City of Miami Beach desires to amend existing regulations
pertaining to conditional uses within the RM-1 zoning districts; and
WHEREAS, the Planning Board recommended approval of this Ordinance at its
meeting dated August 26,2014 by a vote of 6-0; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA:
SEGTION l. Chapter 142, "Zoning Districts And Regulations", Article ll, "District
Regulations", Division 3, "Residential Multifamily Districts", Subdivision ll, 'RM-1
Residential Multifamily Low lntensity", of the Code of the City of Miami Beach, Florida is
hereby amended as follows:
Sec. 142-153. Conditional uses.
(a) The conditional uses in the RM-1 residential multifamily, low density district are
adult congregate living facility; day care facility; nursing home; religious
institutions; private and public institutions; schools; commercial or noncommercial
parking lots and garages.
(b) For prooerties located in the Collins Waterfront Local Historic District, which are
desionated as a Local Historic Site. a hallfor hire and/or restaurant use within the
interior of the buildinq shall require conditional use approval and shall complv
with the followinq:(1) Dance halls. entertainment establishments and neiqhborhood
impact establishments mav onlv be permitted as part of a hall for hire:(2) Stand-alone bars and alcoholic beveraoe establishments, not
functionino as a restaurant or hall-for-hire. shall be prohibited:
(3) Outdoor dinino and entertainment uses shall be prohibited:
(4) The total number of anv stand-alone restaurant seats shall not
exceed 125.
334
There shall be no variances from the provisions of Section 142-153(b).
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made
part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may
be renumbered or re-lettered to accomplish such intention, and the word "ordinance"
may be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SEGT!ON4. SEVERABIL!TY.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2014.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM
nNo #nD.?|Sr'i8fi
ate
,/t
Verified By.
Planning Director
Underline = new language
S+rike$reugh = deleted language
T:\AGENDA\20'14\Oc{ober\RM-1 Collins Park CUP - ORD First Read.docx
October 22,2014
November 19,20
Thomas-R. Mooney, AICP
335
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16N_E I THURSDAYT OCToBER 9,2014 NE
r--".e.oI/-./n
CITY OF MIAMI BEACH CITY
COMMISSION
NOTICE OF PUBLIC HEARING
AN ORDINANCE TO AMEND THE
LIST OF CONDITIONAL USES IN
THE RM-1 ZONING
DISTRICT WITHIN THE COLLINS
WATERFRONT HISTORIC
DISTRICT
NOTICE lS HEREBY given that a public hearing will be heard
by the Mayor and City Commission of the City of Miami Beach,
Florlda, in the Commission Chambers, 3rd Floor, City Hall, 1700
Convention Center Drive, Miami Beach, Florida, on Wednesday,
October 22,2014 at 11:10 a.m., or as soon thereafter as the
matter can be heard, to consider:
Conditional Uses ln Collins Waterfront District.
An Ordinance Of The Mayor And City Commission Of The City
Of Miami Beach, Florida, Amending The Land Development
Regulations Of The Code Of The City Of Miami Beach, By
Amending 142, "Zoning Districts And Regulations", Article
ll, "District Regulations", Division 3, "Residential Multifamily
Districts", Subdivision ll, "RM-1 Residential Multifamily Low
lntensity", To Modify The Conditional Use Requirements For
Properties Located Within The Collins Waterfront Local Historic
District; Providing For Repealer; Severability; Codification;
And An Effective Dale. lnquiries may be directed to Planning
De parlme nt at 305. 67 3. 7 5 50.
INTERESTED PARTIES are invited to appear at this meeting, or
be represented by an agent, or to express their views in writing
addressed to the City Commission, c/o the City Clerk, 1700
Convention Center Drive, 1st Floor, City Hall, Miami Beach,
Florida 33139. This item is available for public inspection
during normal business hours in the City Clerk's Office, '1700
Convention Center Drive, 1st Floor, City Hall, Miami Beach,
Florida 33139. This meeting, or any item herein, may be
continued, and under such circumstances, additional legal
notice need not be provided.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises
the public that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered
at its meeting or its hearing, such person must ensure that a
verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is
to be based. This notice does not constitute consent by the City
for the introduction or admission of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals
not otherwise allowed by law.
To request this material in accessible format, sign language
interpreters, information on access for persons with disabilities
and/or any accommodation to review any document or
participate in any City-sponsored proceeding, please contact us
five days in advance at 305.673.7411(voice) or TTY users may
also call the Florida Relay Service at 711.
Rafael E. Granado, City Clerk
City of Mlami Beach
Ad # 945 337
THIS PAGE INTENTIONALLY LEFT BLANK
338
COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider an Ordinance Amendment to modify the regulations and requirements for
short{erm rentals to include properties located within the Collins Waterfront Local Historic District.
AGENDAITEil RSE
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to reoulate is "about the riqht amount."
Item Summary/Recommendation :
FIRST READING - PUBLIC HEARING
The proposed Ordinance would amend the Land Development Regulations to allow for short-term
rentals for RM-1 properties in the Collins Waterfront Historic District under certain circumstances.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the attached Ordinance at
First Reading and schedule a Second Reading Public Hearinq for November 19,2014.
On August 26,2014 the Planning Board recommended approval of the subject Ordinance by a vote
of 6 to 0 (Planning Board File No. 2204).
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBP!Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
T:\AGENDA\2014\OctobeARM-1 Collins Park STR - ORD First Read SUM.docx
MIAMIBEACH o^rE lo'32'/q339
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33'l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,..ZONING DISTRICTS AND REGULATIONS", ARTICLE !V,..SUPPLEMENTARY DISTRICT REGULATIONS", DIVISION 3,..SUPPLEMENTARY USE REGULATIONS", TO MODIFY THE
REGULATIONS AND REQUIREMENTS FOR SHORT TERM RENTALS TO
INGLUDE PROPERTIES LOCATED WITHIN THE GOLLINS WATERFRONT
LOCAL HISTORIC DISTRIGT; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFIGATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for November 19, 2014.
BACKGROUND
On April 23, 2014, at the request of Commissioner Michael Grieco, the City Commission
referred a discussion item to the Land Use and Development Committee, which would
allow short term rentals in the RM-1 districts in the Collins Waterfront Historic District,
under limited circumstances.
On June 12, 2014, the Land Use and Development Committee recommended that the
subject Ordinance be referred to the Planning Board. On July 23, 2104, the City
Commission referred the proposed Ordinance to the Planning Board (ltem C4C).
The RM-1 zoning district, within the Collins Waterfront Historic District, does not permit
hotels, and does not permit short-term rentals of apartments. The proposed Ordinance
would allow short term rentals in the RM-1 areas of the Collins Waterfront Historic
District, under limited circumstances, similar to Ordinance 2010-3685, adopted by the
City on June 9, 2010, which permitted short term rentals in very limited circumstances
Mayor Philip Levine and Members the City C
Jimmy L. Morales, City Manager
October 22,2014
Short Term Rentals in the Colli
READING - PUBLIC HEARING
Historic District
340
Commission Memorandum
Ordinance Amendment - Shoft Term Rentals in the Collins Wateiront Historic District
October 22, 2014 Pase 2 of 4
within the Flamingo Park neighborhood.
ANALYSIS
The RM-1 residential multifamily, low density district is designed for low intensity, low
rise, single-family and multiple-family residences. The main permitted uses in the RM-1
district are single-family detached dwellings, townhomes and residential apartments.
With the exception of those properties fronting Harding Avenue or Collins Avenue, from
the City Line on the north to 73rd Street on the south, hotels are not permitted within the
RM-1 zoning district.
Section 142-1111 of the City Code regulates the short{erm rental of apartment units or
townhomes. Under the City Code, 'short term rentals' are defined as the rental of
apartment or townhome residential properties in districts zoned RM-1, RM-PRD, RM-
PRD-2, RPS-1 and RPS-2, CD-1, RO, RO-3 or TH for periods of less than six months
and one day. Properties zoned RM-2, RM-3, CD-2 and CD-3 permit hotels, so rental
periods less than 6 months are permitted, subject to all applicable building and fire
regulations.
The RM-1 zoning district does not permit hotels, and does not permit short-term rentals
of apartments. Ordinance 2010-3685, adopted by the City on June 9, 2010, clarified
this, while grandfathering-in a small number of existing short term rentals in very limited
circumstances within the Flamingo Park neighborhood. Section 142-1111 of this
Ordinance contains a provision that would allow other neighborhoods to permit short
term rentals in the future by action of the City Commission.
The attached Ordinance would allow short term rentals in the RM-1 areas in the Collins
Waterfront Historic District, under similar limited circumstances. Apparently there are
already several buildings in this area (roughly bounded by Collins Canal on the south,
Pinetree Drive on the west, 25th Street on the north, and Lake Pancoast on the east)
already engaged in short-term rentals. This ordinance would legalize those properties
currently operating such transient operations.
Attached, is a map showing the subject RM-1 zone, as well as the adjacent zoning
districts. The subject area is bounded by more intense commercial and high density
multi-family districts to the immediate south (Cd-3 zone across Collins Canal) and east
(RM-3 District across Lake Pancoast). To the west of the subject area are Government
(Fire Station 2) and lnstitutional (Hebrew Academy) uses. The area to the immediate
north of West 25th Street is zoned single-family.
The proposed Ordinance would provide more flexibility in terms of allowable uses for
recently restored historic buildings within the RM-1 zoned area of the Collins Waterfront
Local historic district. ln order to provide an appropriate buffer from the more low scale
single family district, it is suggested that any property within this district that has a
property line on West 25th Street not be permitted to have short term rentals. Also, the
eligibility for short term rentals should be limited to fully restored, 'Contributing' buildings
within the district.
ln summary, with appropriate safeguards, and given the intensity of the districts and
uses on the west, south and east sides of the subject RM-1 district, the proposal for a
limited short-term rental eligibility window is not expected to have any detrimental
341
Commission Memorandum
Ordinance Amendment - Shofi Term Rentals in the Collins Wateiront Historic District
October 22. 2014 Page 3 ot 4
impacts on the surrounding area. The Ordinance attached includes the safeguards and
eligibility limitations delineated herein.
PLANNING BOARD REVIEW
On August 26, 2014, the Planning Board (by a vote of 6-0) transmitted the proposal to
the City Commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission:
1. Accept the recommendation of the Land Use and Development Committee via
separate motion.
2. Approve the attached Ordinance at First Reading and schedule a Second
Reading Public Hearing for November 19, 2014.
,rrfr1,*r/MAB/RAM
f:\n6eru\AUO'14\October\RM-1 Collins Park STR - ORD First Read MEM.docx
342
Commission Memorandum
Ordinance Amendment - Short Term Rentals in the Collins Waterfront Historic Districl
October 22, 2014 Page 4 of 4
343
SHORT TERM RENTALS IN COLLINS WATERFRONT DISTRICT
ORDINANGE NO.
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING
CHAPTER 142,"ZONING DISTRICTS AND REGULATIONS", ARTICLE
!V, "SUPPLEMENTARY DISTRICT REGULATIONS'" DIVISION 3,..SUPPLEMENTARY USE REGULATIONS'" TO MODIFY THE
REGULATIONS AND REQUIREMENTS FOR SHORT TERM RENTALS
TO INCLUDE PROPERTIES LOCATED WITHIN THE COLLINS
WATERFRONT LOCAL HISTORIC DISTRICT; PROVIDING FOR
REPEALER; SEVERABILIW; CODIFICATION; AND AN EFFECTIVE
DATE.
WHEREAS, the City Code contains provisions for the short term rental of
apartments and townhomes in those zoning districts that do not permit hotel uses; and
WHEREAS, the City of Miami Beach desires to amend existing regulations
pertaining to the short term rental of apartments and townhomes for the Collins
Waterfront Historic District to allow short term rentals in a po(ion of that District; and
WHEREAS, the Planning Board recommended approval of this Ordinance at its
meeting dated August 26,2014,by a vote of 6-0; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142, "Zoning Districts and Regulations", Article lV,
"Supplementary District Regulations", Division 3, "Supplementary Use Regulations", of
the City Code is hereby amended as follows:
Sec. 1 42-1111. Short-term rental of apartment units or townhomes.
(a) Limitations and prohibitions.
(1) The rental of apartment or townhome residential properties in districts zoned RM-
1, RM-PRD, RM-PRD-2, RPS-1 and RPS-2, CD-1, RO, RO-3 or TH for periods
of less than six (6) months and one day, unless expressly provided for in these
land development regulations (such as for a portion of the RM-1 district, and for
apartment hotels in the RPS-1 and RPS-2 districts) are not a permitted use in
such districts unless conducted in accordance with this section.
(2) Any advertising or advertisement that promotes the occupancy or use of the
residential property for the purpose of holding commercial parties, events,
assemblies, gatherings, or the occupancy of a residence for less than six months
344
and one day, as provided herein, or use of the residential premises in violation of
this section.
a. "Advertising" or "advertisement" shall mean any form of communication for
marketing or used to encourage, persuade, or manipulate viewers, readers or
listeners for the purpose of promoting occupancy of a residential property for
the purpose of holding commercial parties, events, assemblies, gatherings. or
the occupancy of a residence for less than six months and one day, as
provided herein, upon the premises, as may be viewed through various
media, including, but not limited to, newspaper, magazines, flyers, handbills
television commercial, radio advertisement, outdoor advertising, direct mail,
blogs, websites or text messages.
(b) Previously existing short-term rentals in specified disfricfs. For a period of six months
after the effective date of the ordinance enacting this section (June 19,2010), owners of
certain properties located in the following districts shall be eligible to apply for approval
of a certificate of use permitting short-term rental of apartment and townhome residential
units for these properties under the requirements and provisions set forth below. Other
neighborhoods may be added to this provision in the future by action of the city
commission.
CI Districts: Properties within the RM-1 and TH zoning districts in the
Flamingo Park and Espanola Way Historic Districts.(A) Eligibility: Those properties that can demonstrate a current and
consistent history of short-term renting, and that such short-term rentals are the
primary source of income derived from that unit or building, as defined by the
requirements listed below=;
(1tti) For apartment buildings of four or more units, or for four or
more apartment units in one or more buildings under the same
resort tax account. ln order to demonstrate current, consistent and
predominant short-term renting, the property must comply with all
of the following:
a. Have been registered with the city for the payment of
resort tax and made resort tax payments as of March 10,
2010; and
b. Have had City of Miami Beach Resort Tax taxable room
revenue equal to at least 50 percent of total room revenue
over the last two-year period covered by such payments;
and
c. Have been registered, with the State of Florida as a
transient apartment or resort condominium pursuant to
Chapter 509, Florida Statutes, as of March 10,2010.
For properties containing more than one apartment building,
eligibility may apply to an individual building satisfying a. through
c. above.
($fiDFor apartment and townhouse buildings of three or less
units, or for three or less apartment units in one or more buildings
345
under the same state license. ln order to demonstrate current,
consistent and predominant shortterm renting, the property must:
a. Have been registered with the State of Florida as a
resort dwelling or resort condominium pursuant to Chapter
509, Florida Statutes, as of March 10,2010.
(e)(E) Time periods to apply for short-term rental approvals.
({)O Owners demonstrating compliance with subsections
(bXlXAX|) or (ii) above, shall apply for a certificate of use
permitting short-term rental as detailed in subsection 142-1111(f)
within a time period of six months from the effective date of this
section (June 19, 2010), or be deemed ineligible to proceed
through the process specified herein for legalization of short-term
rentals.
(Qfi)Within three months of the effective date of the ordinance
enacting this section (June 19, 2010), eligible owners shall apply
to obtain all necessary approvals to comply with the Florida
Building Code, Florida Fire Prevention Code and with all other
applicable life safety standards.
(3)(!D Compliance with the applicable requirements of the Florida
Building Code and Florida Fire Prevention Code, shall be
demonstrated by October 1, 2011, or rights to engage in short-
term rental under this section shall be subject to restrictions and/or
limitations as directed by the building official and/or fire marshal.
This subsection shall not prevent these officials from undertaking
enforcement action prior to such date.
(4xly) Applications under this ordinan€e Section may be accepted
until 60 days after adoption of this subsection (adopted on April
11,2012; 60 days expire June 11,2012), upon determination to
the planning director that a government licensing error prevented
timely filing of the application.
Je) Collins Waterfront Local Historic District.
(i) Owners of propertv located in the Collins Waterfront Local
Historic District. shall be elioible to applv for aoproval of a
certificate of use permittinq shortterm rental of apartment and
townhome residential units under the requirements and provisions
set forth below:a. Onlv those properties not havino a lot line on West
25tn Str b. Onlv buildinqs classified as 'Contributino' in the
Citv's Historic Properties Database shall be elioible for short term
rentals. The buildino and propertv shall be fullv renovated and
restored in accordance with the Secretarv of the lnterior
Guidelines and Standards. as well as the Certificate of
Appropriateness Criteria in chapter 1 18. article X of these Land
Development Requlations:
346
c. The propertv must have reoistered with the State of
Florida as a transient or condominium pursuant to Chapter 509,
Florida Statutes. as of the effective date of this Ordinance.d. The propertv must have reoistered with the Citv for
the pavment of resort tax and made resort tax pavments as of as
of the effective date of this Ordinance.e. For properties containinq more than one apartment
buildinq. elioibilitv mav applv to an individual buildino satisfvinq a.
throuoh d. above.
(D)Time period to applv for short{erm rental approvals for those
properties located in the Collins Waterfront Architectural District.(i) Owners demonstratino compliance with subsections
(CX4i)a-e above. shall applv for a certificate of use permittino
short{erm rental as detailed in subsection 142-1111(e) within a
time period of six (6) months from the effective date of this
ordinance. or be deemed ineliqible to proceed throuqh the process
specified herein for leoalization of short-term rentals.
(ii) Within three (3) months of the effective date of the
ordinance enactino this section. elioible owners shall apolv to
obtain all necessarv aporovals to complv with the Florida Buildino
Code. Florida Fire Prevention Code and with all other apolicable
life safetv standards.
(iii) Compliance with the aoolicable requirements of the
Florida Buildinq Code and Florida Fire Prevention Code. shall be
demonstrated bv the effective date of this Ordinance. or riohts to
enqaqe in short-term rental under this section shall be subiect to
restrictions and/or limitations as directed bv the buildino official
and/or fire marshal. This subsection shall not prevent these
officials from undertakino enforcement action prior to such date.
(E) ln the event a buildino approved for short-term rentals in accordance
with subsections (dCX4i) and (dDX2ii) above is demolished or destroved. for anv
reason. the future use of anv new or future buildinq on that propertv shall not be
permitted to enqaoe in short-term rentals. nor aoplv for short-term rental
aPProval.
(d)CI Regulations. For those properties eligible as per (b) er+c) above, unless otherwise
expressly provided for in these land development regulations, short-term rental of
apartment and townhome residential units shall be permitted, provided that the following
mandatory requirements are followed:
(1) Approvals required: applications. Owners, lessees, or any person with interest
in the property seeking to engage in short{erm rental, must obtain a certificate of
use permitting short{erm rental under this section. The application for approval
to engage in short-term rentals shall be on a form provided for that purpose, and
contain the contact information for the person identified in subsection (3) below,
identify the minimum lease term for which short-term rental approval is being
requested, and such other items of required information as the planning director
may determine. The application shall be accompanied by the letter or documents
described in subsection (9) below, if applicable.
347
The application for a certificate of use permitting short-term rentals shall be
accompanied by an application fee of $600.00.
(2) Time period. All shortterm rentals under this section must be pursuant to a
binding written agreement, license or lease. Each such document shall contain,
at a minimum: the beginning and ending dates of the lease term; and each
lessee's contact information, as applicable. No unit may be rented more
frequently than once every seven days.
(3) Contact person. All rentals must be supervised by the owner, manager, or a
local and licensed real estate broker or agent or other authorized agent licensed
by the city, who must be available for contact on a 24-hour basis, seven days a
week, and who must live on site or have a principal office or principal residence
located within the foreqoino districts.
Each agreement, license, or lease, of scanned copy thereof, must be kept
available throughout its lease term and for a period of one year thereafter, so that
each such document and the information therein, is available to enforcement
personnel. The name and phone number of a 24-hour contact shall be
permanently posted on the exterior of the premises or structure or other
accessible location, in a manner subject to the review and approval of the city
manager or designee.
(4) Entire unit. Only entire apartment units and townhomes, as defined in section
114-1, legally created pursuant to applicable law, may be rented under this
section, not individual rooms or separate portions of apartment units or
townhomes.
(5) Rules and procedures. The city manager or designee may adopt
administrative rules and procedures, including, but not limited to, application and
permit fees, to assist in the uniform enforcement of this section.
(6) Slgns. No signs advertising the property for short-term rental are permitted on
the exterior of the property or in the abutting right-of-way, or visible from the
abutting public right-of-way.
(7) Ettect of violations on /icensure. Approvals shall be issued for a one-year
period, but shall not be issued or renewed if violations on three or more separate
days at the unit, or at another unit in the building owned by the same owner or
managed by the same person or entity, of this section, issued to the short-term
rental licensee were adjudicated either by failure to appeal from a notice of
violation or a special master's determination of a violation, within the 12 months
preceding the date of filing of the application.
(8) Resod faxes. Owners are subject to resort taxes for rentals under this
section, as required by city law.
(9) Association rules. Where a condominium or other property owners
association has been created that includes the rental property, a letter from the
association dated not more than 60 days before the filing of the application,
stating the minimum rental period and the maximum number of rentals per year,
as set forth under the association's governing documents, and confirming that
short-term rentals as proposed by the owner's application under subsection (O(1)
348
above are not prohibited by the association's governing documents, shall be
submitted to the city as part of the application. lf the applicant, after best efforts,
is unable to obtain such a letter from the association, he or she may submit the
latest version of the association's documents to the city attorney's office for
confirmation of the above.
(1Q) Variances. No variances may be granted from the requirements of this
section.
($ (Q Enforcement.
(1) Violations of section 142-1111(b) shall be subject to the following fines. The
special master may not waive or reduce fines set by this section.
aA. lf the violation is the first violation: $500.00.
bE. lf the violation is the second violation within the preceding 12 months:
$1,500.00.
ee. lf the violation is the third violation within the preceding 12 months:
$5,000.00.
dD. lf the violation is the fourth violation within the preceding 12 months:
$7,500.00.
eE. lf the violation is the fifth or greater violation within the preceding 12
months: suspension or revocation of the certificate of use allowing short-
term rental.
Fines for repeat violations by the same offender shall increase regardless
of locations.
(2) ln addition to or in lieu of the foregoing, the city may seek an injunction by a
court of competent jurisdiction to enforce compliance with or to prohibit the violation of
this section.
(3) Any code compliance officer may issue notices for violations of this section,
with enforcement of subsection 142-1111(a) and alternative enforcement of subsection
142-1111(b) as provided in chapter 30 of this Code. Violations shall be issued to the
owner, manager, real estate broker or agent, or authorized agent, or any other individual
or entity that participates in or facilitates the violation of this section. ln the event the
record owner of the property is not present when the violation occurred or notice of
violation issued, a copy of the violation shall be served by certified mail on the owner at
its mailing address in the property appraiser's records and a courtesy notice to the
contact person identified in subsection (dg)(3) above.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made
part of the code of the City of Miami Beach, Florida. The sections of this ordinance may
be renumbered or re-lettered to accomplish such intention, and the word "ordinance"
may be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
349
SECTION4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this
ATTEST:
2014.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading:October 22,2014
Second
Verified
Planning Director
Underline = new language
S+iketnreugn = deleted language
day of
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
T:\AGENDA\2014\October\RM-1 Collins Park STR - ORD First Read revised docx.docx
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351
NE THURSDAY,OCTOBER 9,2014 I 17NE
r,rn 5.,x.:rer
-re
CITY OF MIAMI BEACH CITY
COMMISSION
NOTICE OF PUBLIC HEARING
AN ORDINANCE TO AMEND
THE SUPPLEMENTARY USE
REGULATIONS FOR SHORT.
TERM RENTALS TO INCLUDE
PROPERTIES LOCATED
WITHIN THE COLLINS
WATERFRONT HISTORIC
DISTRICT
NOTICE lS HEREBY given that a public hearing will be heard
by the Mayor and City Commission of the City of Miami
Beach, Florida, in the Commission Chambers, 3rd Floor, City
Hall, 1700 Convention Center Drive, Miami Beach, Florida,
on Wednesday, October 22, 2014 at 1 1:20 a,m., or as soon
thereafter as the matter can be heard, to consider:
Short Term Rentals ln Collins Waterfront District.
An Ordinance Of The Mayor And City Commission Of The City
Of Miami Beach, Florida, Amending The Land Development
Regulations Of The Code Of The City Of Miami Beach,
By Amending 142, "Zoning Districts And Regulations",
Article lV "Supplementary District Regulations", Division 3,
"Supplementary Use Regulations", To Modify The Regulations
And Bequirements For Short Term Rentals To lnclude
Properties Located Within The Collins WaterJront Local Historic
District; Providing For Repealer; Severability; Codification;
And An Effective Date. lnquiies may be directed to Planning
Depaftment at 305.673.7550.
INTERESTED PARTIES are invited to appear at this meeting,
or be represented by an agent, or to express their views in
writing addressed to the City Commission, c/o the City
Clerk, 1700 Convention Center Drive, 1"t Floor, City Hall,
Miami Beach, Florida 33139. This item is available for public
inspection during normal business hours in the City Clerk's
Office, 1700 Convention Center Drive, 1"t Floor, City Hall,
Miami Beach, Florida 33139. This meeting, or any item herein,
may be continued, and under such circumstances, additional
legal notice need not be provided.
Pursuant to Section 286.0105, Fla. Stat., the City hereby
advises the public that iJ a person decides io appeal any
decision made by the City Commission with respect to any
matter considered at its meeting or its hearing, such person
must ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence
upon which the appeal is to be based. This notice does not
constitute consent by the City for the introduction or admission
of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language
interpreters, information on access for persons with disabilities
and/or any accommodation to review any document or
participate in any City-sponsored proceeding, please contact
us five days in advance at 305.673.7411(voice) or TTY users
may also call the Florida Relay Service at 71 1.
Rafael E. Granado, City Clerk
City of Miami Beach
Ad # 946
352
COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider Ordinance Amendments to the Comprehensive Plan anO tanO Oevelopnrent
Regulations establishing the "Faena District Overlav".
Clerk's Office islative Tracki
A.ENDA rrem fSF
lncrease satisfaction with neighborhood character. lncrease satisfaction witn Oeveiopnrent anO
SupportingData(Surveys,EnvironmentalScan,etc48o/ootresidentialre@
businesses rate the effort put forth by the City to regulate development is "about the riqht amount."
Item Summary/Recommendation :
FIRST READING PUBLIC HEARING
The proposed Ordinances would amend the Comprehensive Plan and Land Development Regulations
to establish the "Faena District Overlay" which would allow for place of assembly, retail, and general
office as main permitted uses in limited circumstances within RM-2 zoned properties; and would
permit new construction in the underlying RM-3 portions of the overlay to be 220 feet in height.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; 2) transmit the proposed Comprehensive Plan
Amendment to review agencies pursuant to 163.3184(2), F.S. and set the Adoption Public Hearing for
December 17,2014; and 3) approve the Overlay Ordinance Amendment at First Reading and sLt a
Second Reading Public Hearing for December 17,2014.
onAugust26,2014theP|anningBoardrecommendedapprovalortnesun@
of 6 to 0 (Planning Board File No.2202 &2197).
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
Thomas Mooney
T:\AGEN DA\20 1 4\October\Faena District Overtay - SUM First Reading. docx
MIAMIBEACH o^rE /0'2p^ l(353
MIAMIBEACH
City of ItAiomi Beoch, ,l700 Convention Cenler Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of [he City C
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014 FIRST READING - PUBLIC HEARING
SUBJECT: Faena District - Gomprehensive Pl{ Amendment
Faena District - Overlay Ordinance Amendment
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEAGH, FLORIDA, AMENDING POLICY 1.2 OF THE FUTURE
LAND USE ELEMENT OF THE GOMPREHENSIVE PLAN PURSUANT TO
THE PROCEDURES tN SECTTON 163.3184(3), FLORIDA STATUTES, BY
MODTFyTNG THE MEDTUM DENSTTY MULTI FAMTLY RESTDENTTAL (RM-2)
AND THE HIGH DENSTTY MULT| FAMTLY RESTDENTTAL (RM-3) FUTURE
LAND USE CATEGORIES TO ESTABLISH THE 'FAENA DISTRICT
OVERLAY' IN ORDER TO ALLOW FOR PLACE OF ASSEMBLY,
RESTAURANT, RETAIL AND GENERAL OFFICE AS MAIN PERMITTED
USES WITHIN ITS BOUNDARIES; PROVIDING FOR INCLUSION lN THE
COMPREHENSIVE PLAN, TRANSMITTAL; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEAGH, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS''
ARTIGLE III ''OVERLAY DISTRICTS'" GREATING DIVISION 9 ''FAENA
DISTRICT OVERLAY1 TO EXPAND THE ALLOWABLE USES IN THE
FAENA DISTRICT OVERLAY TO INCLUDE PLACE OF ASSEMBLY, RETAIL
AND GENERAL OFFICE AS A MAIN PERMITTED USE IN LIMITED
CIRCUMSTANGES, TO PERMIT NEW CONSTRUCTION IN THE
UNDERLYING RM.3 PORTION OF THE FAENA DISTRICT OVERLAY TO BE
220 FEET lN HEIGHT; PROVIDING FOR REPEALER; SEVERABILIW;
CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMM ENDATION :
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; 2)
transmit the proposed Comprehensive Plan Amendment to the applicable review
agencies pursuant to 163.3184(2), F.S. and set the Adoption Public Hearing for
December 17, 2014; and 3) approve the Overlay Ordinance Amendment at First
Reading and set a Second Reading Public Hearing for December 17,2014.
354
Commission Memorandum
Faena Comprehensive Plan Amendment and Overlay District
October 22, 2014 Page 2 of 6
BACKGROUND
On June 11, 2014, at the request of Commissioner Joy Malakoff, the City Commission
referred this request to the Land Use and Development Committee (ltem C4G).
Additionally, the matter was referred to the Planning Board. Notwithstanding the referral
action by the City Commission, the proposer also filed a private application to the
Planning Board.
On July 9,2014 the Land Use and Development Committee recommended approval of
the proposed overlay district.
THE PROPOSAL
The owner and developer of the new FAENA Hotel project on Collins Avenue between
32nd and 35th Streets, has acquired a number of adjacent parcels, with frontage along
both sides of Collins Avenue and a smaller more limited frontage on lndian Creek Drive.
The parcels west of Collins Avenue are located in the more restrictive RM-2 zoning
district, which has limitations on non-residential uses. Specifically, in the RM-2 district,
non-residential uses such as restaurants, retail and assembly spaces are only permitted
as an accessory use to a main permitted hotel use.
A proposal for an overlay district, limited to the developer's properties, has been put
forth, in order to modify some of the restrictions governing permitted uses in the RM-2
district. Attached is a copy of the proposed overlay Ordinance as transmitted by the
Planning Board. The following is a summary of the proposed Faena District Overlay:
. Allow for ballroom and assembly space (west of Collins and south of 34th Street)
as a conditional use, within the confines of the overlay district. Typical uses
would include art exhibits, conferences and other similar activities.
. Allow commercial uses to be a main permitted use within existing contributing
structures on the west side of Collins Avenue.
o lncrease the maximum height of new structures on the east side of Collins
Avenue by twenty (20) feet, up to 220 feet total.
ANALYSIS
The Ordinance proposed by the developer has been modified from the version originally
presented to the Land Use Committee, in response to concerns expressed by
neighboring property owners and staff. ln this regard, Planning staff had expressed
some concerns regarding the proposal to allow ballroom and assembly space exceeding
N.l.E. thresholds as a main permitted use in an RM-2 district. Particularly because the
site within the district where the larger assembly use is proposed (the block bounded by
33'd and 34th Streets and Collins Avenue and lndian Creek Drive) is not completely
internal to the district, with residential condominiums abutting the proposed assembly
uses both to the north and south, the Planning Board recommend that such use only be
permitted as a Conditional Use, as it is by definition a Neighborhood lmpact
Establishment, as defined in Section 142-1361 of the City Code:
Neighborhood impact establishment means:
(1) An alcoholic beverage establishment or restaurant, not also operating as
355
Commission Memorandum
Faena Comprehensive Plan Amendment and Overlay District
October 22, 2014 Page 3 ol 6
an enteftainment establishment or dance hall (as defined in section 114-
1), with an occupant content of 300 or more persons as determined by
the chief fire marshal; or(2) An alcoholic beverage establishment or restaurant, which ,s a/so
operating as an entertainment establishment or dance hall (as defined in
section 114-1), with an occupant content of 200 or more persons as
determined by the chief fire marshal.
Based upon plans previously submitted, the size of the proposed ballrooms and meeting
rooms is approximately 10,000 SF, with a total F.A.R. of over43,000 SF, and a parking
requirement of 161 spaces. Currently, as per Section 142-902 of the City Code,
Neighborhood lmpact Establishments are not permitted as accessory uses in the RM-2
zoning district. The Planning Board recommended that this use be allowed as a
Conditional Use, but not as a main permitted use.
Regarding the proposal to allow commercial uses as main permitted use in contributing
structures on the west side of Collins Avenue, the Planning Board recommended that
these uses be limited to retail, office and smaller restaurant uses only.
As it pertains to the proposed increase in height to 220 feet within the RM-3 district, this
request pertains to the existing Versailles Hotel parcel, and includes a proposal to
demolish the non-original 8-story addition to the original 12-story hotel, and the
construction of a new residential tower. Such demolition and new construction would be
subject to the issuance of a Certificate of Appropriateness from the Historic Preservation
Board.
COMPREHENSIVE PLAN REQUIREMENTS
This proposal requires a text amendment to Policy 1.2 of the Future Land Use element
of the Compressive Plan. Under Section 163.3184(2), F.S., this amendment shall follow
the expedited state review process for adoption of comprehensive plan amendments.
This process requires a public hearing by the local planning agency (Planning Board), a
public transmittal hearing before the City Commission, after which the amendment must
be transmitted to several state agencies for a 30-day review period, and a final adoption
public hearing before the City Commission. The amendment is effective 31 days after it
is adopted if there are no appeals.
PLANNING BOARD REVIEW
On August 26, 2014, the Planning Board (by a vote of 6-0) transmitted the attached
proposals to the City Commission with a favorable recommendation
FISGAL !MPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City, and
should increase the property's value, as new development is added to the City's tax
rolls.
356
Commission Memorandum
Faena Comprehensive Plan Amendment and Overlay District
October 22, 2014 Page 4 of 6
SUMMARY
Subsequent to the transmittal of the subject Ordinance by the Planning Board, it was
determined that one of the existing structures within the proposed overlay, on the west of
Collins Avenue, had fallen into such an advanced state of structural deterioration, that a
replication of a substantial portion of the building was warranted. The Historic
Preservation Board has discussed this proposal, and indicated that approval of an
application for the demolition and replication of the Atlantic Beach structure would be
received favorably.
ln light of this circumstance, a small modification to Section 142-873 of the proposed
overlay Ordinance will be required, in order to allow for limited commercial uses within
existing or'replicated' contributing structures. The proposed modified text is delineated
in the conclusion below.
CONCLUSION
The Administration recommends that the City Commission:
1. Accept the recommendation of the Land Use and Development Committee via
separate motion.
2. Transmit the proposed Comprehensive Plan Amendment to review agencies
pursuant to 163.3184(2), F.S. and set the adoption public hearing for December
17,2014.
3. Approve the Overlay Ordinance Amendment at First Reading, and set a Second
Reading Public Hearing for December 17,2014, with the following modification to
Section 142-873 (b).
Within the areas that have an underlvino zoninq desiqnation of RM-2. the
followinq mav be considered a main permitted use within an existina or
rep I i cated' Contri b uti n q' structu re :i. Retail.ii. Office. includino offices open to the qeneral public.
iii. Restaurants with an aqoreqate occupant load of less than 99 oersons.
Restaurants, Restaurants exceedino an aqqreqate occuoant load of 99
persons shall require conditional use approval.
JLMWfiRMlMAB/RAM
T:\AGENDA\2014\October\Faena Diskict - 1 st Reading MEM.docx
357
Commission Memorandum
Faena Comprehensive Plan Amendment and Overlay District
October 22. 2014 Page 5 o'f 6
Aerial
Faena Overlay District
Location:
Generally Collins Avenue
between 32nd and 36th Street
358
Commission Memorandum
Faena Comprehensive Plan Amendment and Overlay Distict
October 22, 2014 Paqe 6 of 6
Future Land Use
Faena Overlay District
500 Feet Location:
Generally Collins Avenue
between 32nd and 36th Street
359
COMPREHENSIVE PLAN _ FAENA DISTRICT OVERLAY
ORDINANCE NO.
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING POLICY 1.2 OF THE
FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN
PURSUANT TO THE PROCEDURES rN SECTTON 163.3184(3),
FLORIDA STATUTES, BY MODIFYING THE MEDIUM DENSITY MULT!
FAMTLY RESTDENTTAL (RM-2) AND THE HIGH DENSTTY MULTr
FAMTLY RESTDENTTAL (RM-3) FUTURE LAND USE GATEGORTES TO
ESTABLISH THE 'FAENA DISTRIGT OVERLAY' IN ORDER TO
ALLOW FOR PLACE OF ASSEMBLY, RESTAURANT, RETAIL AND
GENERAL OFFICE AS MAIN PERMITTED USES WITHIN ITS
BOUNDARIES; PROVIDING FOR INCLUSION lN THE
GOMPREHENSIVE PLAN,TRANSMITTAL; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development and the preservation and restoration of structures located within the Collins
Avenue corridor; and
WHEREAS, the City of Miami Beach desires to create an overlay district for the
large collection of contiguous properties owned and operated by the Faena Group that
are located in the RM-2 and RM-3 future land use categories along Collins Avenue
between 32nd Street and 36th Street; and
WHEREAS, establishing the 'Faena District Overlay' in the RM-2 and RM-3
Future Land Use categories is necessary to ensure the development of that property will
be compatible with development in adjacent and surrounding areas, and will contribute
to the public health, safety and welfare of the City; and
WHEREAS, the City of Miami Beach has determined that establishing the Faena
District Overlay as provided herein will ensure that new development is compatible and
in scale with the built environment, and is in the best interest of the City;
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The following amendment to the Medium Density Multi Family Residential
Category (RM-2) in Policy 1.2 of the City's Comprehensive Plan Future Land Use
Element is hereby adopted:
Medium Density Multi Family Residential Category (RM-2)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new medium density multi family residential areas.
360
Uses which may be permitted: Single family detached dwellings, single family attached
dwellings, townhouse dwellings, multiple family dwellings, apartment hotels and hotels.
Residential office uses are permitted in RM-2 only in the West Avenue Bay Front
Overlay District, as described in the Land Development Regulations. Places of
assemblv. restaurant, retail and oeneral office uses are main permitted uses in the
Faena District Overlav. as set forth in the Land Development Reoulations.
SECTION 2. The following amendment to the High Density Multi Family Residential
Category (RM-3) in Policy 1.2 of the City's Comprehensive Plan Future Land Use
Element is hereby adopted.
High Density Multi Family Residential Category (RM-3)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new high density multi family residential and hotel areas.
Uses which may be permitted: Single family detached dwellings, single family attached
dwellings, townhouse dwellings, multiple family dwellings, apartment hotels and hotels.
Place of assemblv uses are main permitted uses in the Faena District Overlav, as
described in the Land Develooment Requlations.
SECTION 3. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. CODIFICATION.
It is the intention of the City Commission that this Ordinance be entered into the
Comprehensive Plan, and it is hereby ordained that the sections of this Ordinance may
be renumbered or relettered to accomplish such intention; and that the word "ordinance"
may be changed to "section" or other appropriate word. The Exhibits to this Ordinance
shall not be codified, but shall be kept on file with this Ordinance in the City Clerk's
Office.
SECTION 6. TRANSMITTAL.
The Planning Director is hereby directed to transmit this ordinance to the appropriate
state, regional and county agencies as required by applicable law.
SECTION 7. EFFEGTIVE DATE.
This ordinance shall take effect 31 days after adoption pursuant to Section
163.31 84(3) Florida Statutes.
PASSED and ADOPTED this day of 2014.
361
ATTEST:
CITY CLERK
First Reading/Transmittal: October 22, 2Q14
Second Reading/Adopti ber. . .2014
Verified By:
Thomas R.
Planning Director
Underline = new language
S+rit<e$reugh = deleted language
T:\AGENDA\2014\October\Faena District Overlay Comp Plan - ORD First Read.docx
MAYOR
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
3
362
FAENA DISTRICT OVERLAY
ORDINANGE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS''
ARTICLE III "OVERLAY DISTRICTS'" CREATING DIVISION 9 "FAENA
DISTRICT OVERLAY'" TO EXPAND THE ALLOWABLE USES IN THE FAENA
DISTRICT OVERLAY TO INCLUDE PLACE OF ASSEMBLY, RETAIL AND
GENERAL OFFICE AS A MAIN PERMITTED USE IN LIMITED
CIRGUMSTANCES, TO PERMIT NEW CONSTRUCTION IN THE
UNDERLYING RM.3 PORTION OF THE FAENA DISTRICT OVERLAY TO BE
220 FEET lN HEIGHT; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFEGTIVE DATE.
WHEREAS, the City desires to encourage private property owners to redevelop and
manage properties under common ownership comprehensively rather than piecemeal; and
WHEREAS, the common ownership, management and operation of the various
properties and uses will allow the various uses to harmoniously co-exist and be managed in a
cohesive manner; and
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development and the preservation and restoration of structures located within the Collins
Avenue corridor; and
WHEREAS, the City of Miami Beach desires to create an overlay zoning district for the
large collection of contiguous properties owned and operated by the Faena Group that are
located in the RM-2 and RM-3 districts along Collins Avenue in-between 32nd Street and 36th
Street; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, Article lll entitled "Overlay Districts", Division 9 "Faena District
Overlay" is hereby created as follows:
DIVISION 9. FAENA DISTRICT OVERLAY
Sec. 142-871. Location and purpose.
The overlav requlations of this division shall applv to the properties qenerallv described as those
properties:
3)
363
b) lvinq West of Collins Avenue between 33'd Street and 35th Street (excludino Lots 14-17.
Block 22 of the Ocean Front Propertv of the Miami Beach lmprovement Co. Subdivision,
a.k.a. the Kino David Condominium; andg) lvino at the Northwest corner of Collins Avenue and 35th Street (Lots 10, 11 and 15,
Block 24 of the Ocean Front Propertv of the Miami Beach lmprovement Co. Subdivision.
a.k.a. the Claridoe Hotel).
The purpose of this overlav district is to allow limited flexibilitv of uses and limited increases in
heiohts because of the common ownership and operation of the properties within the overlav
district.
Sec. 1 42-872. Definitions.
For this Division, the followino definitions shall applv:
1. "Place of Assemblv" means anv space without fixed seatinq that is not used for retail
sales and service. restaurant. office or hotel. Tvpical activities that are permitted to
occur in a place of assemblv include but are not limited to art exhibits, conferences,
receptions, weddinqs and other similar activities as determined bv the Plannino Director.
Sec. 142-873. Compliance with requlations.
The followino overlav reoulations shall applv to the Faena District Overlav. All development
reoulations in the underlvinq requlations shall applv, except as follows:
(g) One (1) place of assemblv mav be permitted as a Conditional Use within the Faena
District Overlav due to its coordinated use with all of the properties within the Faena
District Overlav. in accordance with the followino minimum requirements:
L There shall be no outdoor live or amplified music.
(b) Within the areas that have an underlvino zonino desionation of RM-2. the followino mav
be considered a main permitted use within a 'Contributino':
L Retail.ii. Office, includino offices open to the qeneral public.
iii. Restaurants with an aooreoate occupant load of less than 99 persons.
Restaurants. Restaurants exceedino an aooreoate occupant load of 99 persons
shall require conditional use approval.
(q) Within the areas that have an underlvinq zonino desionation of RM-2. offices are a
permitted accessory use to a olace of assemblv and a parkino qaraoe, whether a main
use parkino oaraqe (commercial or non-commercial) or an accessorv parkino oaraoe.
(gD Within the areas that have an underlvinq zonino desionation of RM-2, there shall not be
anv open air entertainment establishments or outdoor entertainment establishments.
(e) Within the areas that have an underlvinq zonino desionation of RM-3, the maximum
heioht for new construction is 220 feet.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Code of the
City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered
364
to accomplish such intention, and, the word "ordinance" may be changed to "section", "article",
or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFEGTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 20
ATTEST:
CITY GLERK
First Reading: October 22,2014
Second Reading; December _,2014
Verified by:
Planning Director
Underscore denotes new language
T:!\GENDA\2014\October\Faena District Overlay - ORD First Read.docx
MAYOR
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* N_E_ TIIJRSDAY:9CJ-q9ER9r?9,l4 | IsllE
CITY OF MIAMI BEACH
NOTICE OF AMENDMENT TO
THE CITY OF MIAMI BEACH
COMPREHENSIVE PLAN
AND ZONING OVERLAY DISTRICTS
NOTICE TO THE PUBLIC
PUBLIC NOTICE lS HEREBY GIVEN that the Miami Beach City Commission will hold a First
Readinq Public Hearinq on the followinq Ordinances on WEDNESDAY. October 22. 2014 at
11:30 a.m., in the City Commission Chambers, Third Floor, City Hall, 1700 Cdnvention Center
Drive, Miami Beach, Florida.
Faena District - Comprehensive Plan Amendment (PB File No.22O2l. AN ORDINANCE OF
THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
POLICY 1,2 OFTHE FUTURE LAND USE ELEMENTOFTHE COMPREHENSIVE PLAN PURSUANT
TO THE PROCEDURES tN SECTTON 163.3184(3), FLORTDA STATUTES, BY MODIFYING THE
MEDTUM DENSTTY MULTT FAMTLY RESTDENTTAL (RM-2)AND THE HtGH DENSITY MULTI FAMILY
RESTDENTTAL (RM-3) FUTURE LAND USE CATEGORTES TO ESTABLTSH THE "FAENA DISTRICT
OVERLAY" IN ORDER TO ALLOW FOR PLACE OF ASSEMBLY RESTAURANT, RETAIL AND
GENERAL OFFICE AS MAIN PERMITTED USES WITHIN ITS BOUNDARIES; PROVIDING FOR
INCLUSION IN THE COMPREHENSIVE PLAN, TMNSMITTAL; REPEALER; SEVERABILITY;AND
AN EFFECTIVE DATE.
Faena District Overlay (PB File No. 2197). AN ORDINANCE OF THE MAYOR AND
CITY COMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA, AMENDING THE I.AND
DEVELOPMENT REGUI.AI-IONS OF THE CODE OF THE CIry OF MIAMI BEACH, BY AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS" ARTICLE III -OVERLAY DISTRICTS",
CREATING DIVISION 9 "FAENA DISTRICT OVERLAY'" TO EXPAND THE ALLOWABLE USES IN
THE FAENA DISTRICT OVERLAY TO INCLUDE PLACE OF ASSEMBLY RETAIL AND GENERAL
OFFICE AS A MAIN PERMITTED USE IN LIMITED CIRCUMSTANCES, TO PERMIT NEW
CONSTRUCTION IN THE UNDERLYING RM-3 PORTION OFTHE FAENA DISTRICT OVERLAYTO
BE22O FEET lN HEIGHI; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
All persons are invited to appear at
this meeting or be represented by
an agent, or to express their views
in writing addressed to the Miami
Beach City Commission c/o the City
Clerk,'1700 Convention Center Drive,
First Floor, City Hall, Miami Beach,
Florida 33.139.
The Ordinances and other related
materials are available for public
inspection during normal business
hours in the City Clerk's Office.
lnquiries may be directed to the
Planning Department at (305) 673-7550. The hearings on these Ordinances may be continued
at this meeting and, under such circumstances, additional legal notlce would not be provided.
Please contact the City Clerk's Office at (305) 673-7411 for information as to the status of the
Ordinances as a result of the meeting.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: lf a person decides
to appeal any decision made by the City Commission with respect to any matter considered at
its meeting or its hearing, such person must insure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
This notice does not constitute consent by the City o{ the introduction or admission of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise
allowed by law.
To request this material in accessible format, sign language interpreters, information on access for
persons with disabilities and/or any accommodation to review any document or participate in any
City-sponsored proceeding, please contact us five days in advance at 305.673.741 1(voice) or TTY
users may also call the Florida Relay Service at 7.1 1.
Ad 937
Atlanlic
Ocean
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368
lntended Outcome Su
lncreasesatisfactionwithneighborhoodcharacter.
Supporting Data (Surveys, Environmental S
businesses rate the effort put forth by the City to regulate development is "aboutihe riqht amount.,,
Condensed Title:
COMMISSION ITEM SUMMARY
FirstReadingtoconsideranordinanceAmendmenttotne
the MXE district setback requirements to include separate, reduced setback- requirements'foi
commercial buildings that do not contain any hotelor residential units
AGEITIDA ITEil B S6T
The proposed Ordinance amendment would allow for more appropriate, context sensitive retail
development, by reducing the front and side facing the street seiback requirements for a main use
retail development of 2-stories or less.
The Administration recommends that the City Commission: 1) accept the recommendation of the LandUse and Development Committee via separate motion; and 2) approve the attached Ordinance at
First Reading and schedulea Second Reading Public Hearinq for November 1g.2014.
On September 23, 2014 the Planning Board recomme
vote of 5 to 1 (Planning Board File No. 2211).
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with charter section 5.02, which requires that the "city of Miami Beach shall considerthe long-term economic impact (at least 5 years) of proposed legislitive actions," this shall confirmthat the City Administration evaluated the long{erm economiC impact (at least 5 years) of thisproposed legislative action, and determined that there will be no measurable impacion the City,s
budget.
Thomas Mooney
T;\AGENDA\2014\October\MXE Setbacks - ORD First Read SUM.docx
MIAMIBEACH o^rE n-ee- lq369
MIAMIBEACH
Ciiy of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE, BY
AMENDING GHAPTER 142, ..ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, ..DISTRICT REGULATIONS""
DIVISION 13, ..MXE MIXED USE ENTERTAINMENT DISTRICT,"
SECTION 142.547, "SETBACK REQUIREMENTS," BY AMENDING
THE SETBACK REQUIREMENTS TO INCLUDE SEPARATE,
REDUCED SETBACK REQUIREMENTS FOR COMMERCIAL
BUILDINGS THAT DO NOT CONTAIN ANY HOTEL OR RESIDENTIAL
UNITS; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY, AND AN EFFECTIVE DATE.
ADM! NISTRATION RECOMMEN DATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for November 19, 2014.
BACKGROUND
On July 23,2014, at the request of Commissioner Michael Grieco, the City Commission
referred an amendment to the Land Development Regulations in the MXE Zoning
District, as they apply to non-hotel uses, to the Land Use and Development Committee
and the Planning Board (item C4N). The Land Use and Development Committee
discussed the proposed Ordinance on September 3, 2014, and recommended approval
of the Ordinance as proposed.
ANALYSIS
The setback regulations in the MXE zoning district were created based upon the historic
pattern of typical hotel development along Collins Avenue. Elevated front porches along
Mayor Philip Levine and Mem the Cit
Jimmy L. Morales, City Manager
October 22,2014
MXE Setback Regulations
FIRST READING
370
Commission Memorandum
Ordinance Amendment - MXE Setback Regulations
October 22, 2014 Page 2 ot 2
the front elevations, with open courtyards along the street side elevations, characterize
such historic fabric. The MXE district provides requirements as to the depth and length
of such porches as well as the length and square footage of the required courtyard
spaces.
While these regulations have been successful and can readily be accommodated when
applied to larger residential, hotel, or mixed-use developments, they have not been as
effective when applied to smaller, single tenant retail projects. For stand-alone retail
buildings, such requirements create an awkward building typology. For instance, if a
project does not provide the required porch and open space, the required front setback
is 20 feet, which for a retail project, is antithetical to good urban design.
The proposed Ordinance amendment would allow for more appropriate, context
sensitive retail development, by reducing the front and side facing the street setback
requirements for a purely retail development of 2-stories or less, to five (5) feet. Such a
setback would allow for an expanded sidewalk up to the building line, and the
incorporation of street trees along the street fronts.
PLANNING BOARD REVIEW
On September 23, 2014, the Planning Board (by a 5-1 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission:
1. Accept the recommendation of the Land Use and Development Committee via
separate motion.
2. Approve the attached Ordinance at First Reading and schedule a Second
Reading Public Hearing for November 19, 2014.
*ffin**/MAB/RAM
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371
MXE SETBACKS
oRDtNANCE NO._
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CITY CODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS"" DIVISION 13, "MXE
MIXED USE ENTERTAINMENT DISTRICT," SECTION 142.547, "SETBACK
REQUIREMENTS," BY AMENDING THE SETBACK REQUIREMENTS TO INCLUDE
SEPARATE, REDUCED SETBACK REQUIREMENTS FOR COMMERCIAL
BUILDINGS THAT DO NOT CONTAIN ANY HOTEL OR RESIDENTIAL UNITS;
PROVIDING FOR GODIFICATION; REPEALER; SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach recognizes the unique character of the Ocean
Drive - Collins Avenue MXE district and the Ocean Terrace MXE district; and
WHEREAS, the MXE district is composed of a mixture of uses, including hotels,
residential, and commercial development; and
WHEREAS, the current setback regulations, including porch and courtyard requirements
are most applicable to hotel, residential, and mixed-use development; and
WHEREAS, the City recognizes that for purely lower scale retail development, different
setback regulations are warranted in order to ensure an active urban design character; and
WHEREAS the Planning Board, at its meeting dated September 23,2014 by a vote of 5-
1 recommended in favor of the Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 142,"Zoning Districts And Regulations," Article ll, "District Regulations",
Division 13, 'MXE Mixed Use Entertainment District," Section 142-547, "Setback requirements,"
is hereby amended as follows:
Sec. 1 42-547. Setback requirements.
(a) The setback requirements for the MXE mixed use entertainment district are as follows:
(1) Front.
a. Oceanfront: Pedestal and tower, 50 feet; however, sculptures, fountains or architectural
features when approved by the design review board are permitted in the required front
yard.
b. Non-oceanfront:
1. Pedestal, ten feet.
2. Lots 100 feet in width or greater, 20 feet; for buildings with a ten-foot-deep covered
front porch running substantially the full width of the building front, the front setback
372
shall be five feet. Furthermore, for lots 100 feet in width or greater_thatconlain hote! pI
apartment units, the front setback shall be extended to include at least one courtyard,
open to the sky, with a minimum width of ten feet and a minimum area of three square
feet for every linear foot of lot frontage.
3. Tower, 50 feet.
4. Notwithstandinq the foreqoinq, for a buildinq containinq exclusivelv retail uses, not
exceedino two (2) stories in heiqht, with a lot line on Collins Avenue, the minimum
oedestal setback shall be five (5) feet.
(2) Side, interior.
a. Oceanfront: Pedestal and tower, 15 percent of the lot width.
b. Nonoceanfront:
1. Architectural district, five feet.
2. All other areas:
i. Pedestal, five feet.
ii. Tower, 7.5 feet.
(3) Side, facing a street.
a. Oceanfront: Pedestal and tower, 15 percent of the lot width, plus five feet.
b. Nonoceanfront: Ten percent of the lot width plus five feet, not to exceed 25 feet. However,
lots less than 100 feet in width shall have a minimum setback of five feet.
1. Nonoceanfront structures may comply with these requirements or have the option of
the following:
i. Pedestal, five feet.
ii. Tower, 7.5 feet.
2. Provided that nonoceanfront lots 100 feet or greater in width shall incorporate the
following, which mav be waived at the discretion of the historic preservation board,
consistent with the certificate of appropriateness criteria in chapter 1 18, article X. for a
buildino containinq exclusivelv retail uses. not exceedinq two (2) stories in heiqht, with
a lot line on Collins Avenue:
i. A ten-foot-deep porch running substantially the full side length of the building,
with a minimum floorto-ceiling height of 12 feet; and
ii. One courtyard, open to the sky, with a minimum of 1,000 square feet and a
minimum average depth of 20 feet. The long edge of the courtyard shall be along
the side property line. The area of the courtyard shall be increased by an
additional 50 square feet for every one foot of building height above 30 feet as
measured from grade.
(4) Rear.
a. Oceanfront: 25 percent of the lot depth or 75 feet minimum from the bulkhead line,
whichever is greater.
b. Nonoceanfront:
1. Architectural district, zero feet if abutting an alley, otherwise ten feet.
2. All other areas, ten feet.
(b) Existing structures which are being substantially renovated are permitted to retain the existing
setback areas; however, the setback area shall not be reduced. When additional floors are
373
constructed, they shall be permitted to retain the same setbacks as the existing floors. The
provisions of section 118-398 relating to bulk shall not be applicable to the foregoing setback
requirements.
(c) For the setback criteria above that applies exclusivelv to retail uses. a restrictive covenant in a form
acceotable to the city attorney, committinq the property to such use, shall be recorded prior to the
issuance of any buildinq permit for such retail use.
SECTION 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be
and the same are hereby repealed.
SECTION 3. Godification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Miami Beach as amended;
that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. Severability.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2014.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
OR EXECUTION
tt,-k-l4r
Date
First Reading: October 22,2014
Second Reading: lllovember. lB, 201
Verified by:
Planning Director
T:\AGENDA\20'1 4\October\MXE Setbacks - ORD First Read.docx
374
COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider an Ordinance Amendment to the Land Development Regulations by
amending the requirements and standards for a covenant in lieu and by providing a definition for
unified site.
Clerk's Office islative Tracki
AGENDA ITENi
DATE
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55
businesses rate the effort out forth bv the Citv to reoulate is "about the riqht amount."
Item Summary/Recommendation :
FIRST READING
The proposed Ordinance amendment would create a definition for a "Unified Development Site".
The Administration recommends that the City Commission: 1) open and continue First Reading for the
proposed Ordinance to a date certain of December 17,2014; and 2) Refer the item to the Land Use
and Development Committee and the Planning Board for further modifications.
On September 23, 2014 the Planning Board recommended approval of the subject Ordinance by a
vote of 6 to 0 (Planning Board File No. 2214).
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
T:\AGENDA\2014\OctobeilUnified Development Site - 1st Reading O&C SUM.
MIAMIBEACH Fs rt
375
MIAMIBEACH
Cify of Miomi Beach, .l700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE: October 22,2014
SUBJECT: Definition of a Unified
READING - OPEN & CONTINUE
Site
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAM! BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 118,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE l, "lN
GENERAL," SECTION 118-5, "UNITY OF TITLE; COVENANT lN LIEU
THEREOF,'' BY AMENDING THE REQUIREMENTS AND STANDARDS FOR
A COVENANT IN LIEU AND BY PROVIDING A DEFINITION FOR UNIFIED
DEVELOPMENT SITE; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION REGOMMENDATION
The Administration recommends that the City Commission open and continue First
Reading for the proposed Ordinance to a date certain of December 17, 2014; and refer
the item to the Land Use and Development Committee and the Planning Board for
further modifications.
HISTORY / BACKGROUND
On March 1, 2013, the Board of Adjustment granted an appeal of an Administrative
Decision of the Planning Director, which denied a proposed transfer of Floor Area (FAR)
for a project on a multi-property site. The Administrative Determination, dated April 10,
2012, concluded that a proposed unification of three properties on Collins Avenue
through the use of a proposed 'Covenant in Lieu of Unity of Title' was not a true "Unified
Development Site" as required by Section 118-5 of the City Code, and the proposed
transfer of development rights did not conform with the applicable Charter provision
1.03(c) or the Land Development Regulations. The Board of Adjustment concluded that
the language of section 118-5 did not restrict the proposed unification and granted the
appeal. The Board then suggested that refinements be considered to more clearly
restrict the unification of unrelated properties for transfer of floor area.
On June sth, 2O13, at the request of Commissioner Tobin, the City Commission referred
a discussion item to the Land Use and Development Committee, pertaining to the
section of the City Code governing Unities of Title and Covenants in Lieu of Unity of
Title. On April 9,2014, the Land Use and Development Committee recommended that
an Ordinance be referred to the Planning Board to amend the requirements and
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
376
Commission Memorandum
Ordinance Amendment - Definition of Unified Development Site
October 22, 2014 Page 2 ot 4
standards for a 'Covenant-ln-Lieu' by providing a definition for a "Unified Development
Site." On September 10, 2014, the City Commission referred the subject Ordinance to
the Planning Board.
The following is a summary of the relevant Charter and City Code provisions, and
instruments, pertaining to a Unity of Title and a Covenant in Lieu of Unity of Title:
Miami Beach Citv Charter:
Section 1.03(c) of the City of Miami Beach Charter explicitly prohibits the floor area ratio
of any property from being increased by zoning, transfer, or any other means from its
current zoned floor area ratio as it exists currently, without being approved by a public
referendum. This underlying principal has been a critical component in the overall
policymaking of the City, the protection of the historic character of the City's historic
districts, and the careful planning regulation of groMh and development.
This Charter provision does include an exception for the division of lots, or the
aqqreqation of development riqhts on unified abuttinq parcels. as mav be
permitted bv ordinance. The ordinance referred to is Section 1'18-5 of the Land
Development Regulations of the City Code, which discusses unities of title, or covenants
in lieu of unity of title, for multiple buildings proposed for a single lot or for single or
multiple buildings proposed for a unified development site consisting of multiple lots.
Section 118-5 - Unitv of Title: Covenant in Lieu Thereof
When a development is proposed over multiple lots, or multiple buildings are proposed
for single or multiple lots, certain documents must be executed to combine the lots or
buildings for zoning purposes. As stated above, these documents may have floor area
implications. Under Section 118-5(a), a Declaration of Restrictive Covenants in Lieu of
Unity of Title must contain the following elements:
1. That the subject site will be developed in substantial accordance with the
approved site plan, after one has been submitted and approved under the city's
land development regulations. That no modification shall be effectuated without
the written consent of the then owner(s) of the [phase] or portion of the property
for which modification is sought, all owners within the original unified
development site, or their successors, whose consent shall not be unreasonably
withheld, and the director of the city's planning department; provided the director
finds that the modification would not generate excessive noise or traffic, tend to
create a fire or other equally or greater dangerous hazard, or provoke excessive
overcrowding of people, or tend to provoke a nuisance, or be incompatible with
the area concerned when considering the necessity and reasonableness of the
modification in relation to the present and future development of the area
concerned. Should the director withhold such approval, the then owner(s) of the
phase or portion of the property for which modification is sought shall be
permitted to seek such modification by application to modify the plan or covenant
at public hearing before the appropriate city board or the city commission of
Miami Beach Florida, (whichever by law has jurisdiction over such matters). Such
application shall be in addition to all other required approvals necessary for the
modification sought. Proposed modifications to the property's use, operation,
physical condition or site plan shall also be required to return to the appropriate
development review board or boards for consideration of the effect on prior
approvals and the affirmation, modification or release of previously issued
377
Commission Memorandum
Ordinance Amendment - Definition of Unified Development Site
October 22, 2014 Page 3 of 4
approvals or imposed conditions.
2. That if the subject property will be developed in phases, that each phase will be
developed in substantial accordance with the approved site plan.
3. That in the event of multiple ownerships subsequent to site plan approval that
each of the subsequent owners shall be bound by the terms, provisions and
conditions of the declaration of restrictive covenants. The owner shall further
agree that he or she will not convey portions of the subject property to such other
parties unless and until the owner and such other party or parties shall have
executed and mutually delivered, in recordable form, an instrument to be known
as an "easement and operating agreement" which provides for easements
between the parcels. These can contain among other things:
a. Easements in the common area of each parcel for ingress to and egress
from the other parcels;
b. Easements in the common area of each parcel for the passage and
parking of vehicles;
c. Easements in the common area of each parcel for the passage and
accommodation of pedestrians;
d. Easements for access roads across the common area of [each] parcel to
public and private roadways;
e. Easements for the installation, use, operation, maintenance, repair,
replacement, relocation and removal of utility facilities in appropriate
areas in each such parcel;
f. Easements on each such parcel for construction of buildings and
improvements in favor of each such other parcel;
g. Easements upon each such parcel in favor of each adjoining parcel for
the installation, use, maintenance, repair, replacement and removal of
common construction improvements such as footings, supports and
foundations;
h. Easements on each parcel for attachment of buildings;i. Easements on each parcel for building overhangs and other overhangs
and projections encroaching upon such parcel from the adjoining parcels
such as, by way of example, marquees, canopies, lights, lighting devices,
awnings, wing walls and the like;j. Appropriate reservation of rights to grant easements to utility companies;
k. Appropriate reservation of rights to road right-of-ways and curb cuts;l. Easements in favor of each such parcel for pedestrian and vehicular
traffic over dedicated private ring roads and access roads; and
m. Appropriate agreements between the owners of the several parcels as to
the obligation to maintain and repair all private roadways, parking
facilities, common areas and common facilities and the like.
ANALYS!S
A Unity of Title, and Covenant in Lieu of Unity of Title, are used for various purposes,
and do not always have floor area implications. ln some instances they are just for the
unification of properties of multiple ownerships for easement purposes. However, when
floor area is implicated, it becomes important to examine the charter language, where
the phrase "unified abutting parcels" becomes pertinent.
When the phrase "unified abutting parcels" is used, along with the covenant in lieu of
378
Commission Memorandum
Ordinance Amendment - Definition of Unified Development Site
October 22, 2014 Page 4 of 4
unity of title, it becomes possible to transfer floor area between different ownerships of
abutting parcels. The term "abutting parcels" usually refers to parcels that have lot lines
that touch, not separated by a street or alley. However, regardless of ownership, the
amount of FAR permitted by the Code cannot be increased within an overall unified site.
The Administration believes that the current language in the Ordinance can be an
effective planning tool in terms of providing flexibility for the distribution of allowable floor
area within a defined site. Moreover, the existing code does not permit a net increase in
overall FAR, should multiple sites be combined through either a covenant in lieu, or
other legal mechanisms. ln order to continue to provide a flexible planning mechanism, it
is recommended that the term "Unified Development Site" be defined as follows:
"A site where development is proposed comprising multiple lots with all
lots touching and not separated by another !ot, street, sidewalk or alley".
PLANNING BOARD REVIEW
On September 23, 2014, the Planning Board (by a vote of 6-0) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
SUMMARY
The subject Ordinance, based upon the initial referral, pertains only to the creation of a
definition for a "Unified Development Site". After further review of the relevant section of
the City Code (section 118-5), and in consultation with the City Attorney's Office, the
Administration believes that it would be prudent to further review and modify the whole of
the Section, as opposed to simply adding a definition.
As such, the Administration would recommend that the Commission open and continue
the item, and re-refer the matter back to the Planning Board and Land Use Committee to
allow for additional study and appropriate modifications.
CONCLUSION
The Administration recommends that the City Commission:
1. Open and continue First Reading for the proposed Ordinance to a date certain of
December 17,2014; and
2. Refer the item to the Land Use and Development Committee and the Planning
Board for further modifications.
,ol
JL[\,UJIO{rRM/RAM
T:\AGEt,lbAU014\October\Unified Development Site - 1st Reading O&C MEM.docx
379
DEFINITION OF UNIFIED DEVELOPMENT SITE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 118,..ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE I, "IN
GENERAL," SECTION 118-5, "UNITY OF TITLE; COVENANT lN LIEU
THEREOF," BY AMENDING THE REQUIREMENTS AND STANDARDS FOR A
COVENANT IN LIEU AND BY PROVIDING A DEFINITION FOR UNIFIED
DEVELOPMENT SITE; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILIW AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach contains a variety of building sites, with numerous
variations in uses and development rights; and
WHEREAS, the Land Development Regulations of Miami Beach have been promulgated
to provide for compatibility of new development within the built context of the City of Miami
Beach; and
WHEREAS, the Land Development Regulations contain certain provisions that govern
Covenants in Lieu of Unity of Title and Unified Development Sites.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND GITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
SECTION 1. Chapter llS, "Administration and Review Procedures," Article l, "ln General," of
the Land Development Regulations of the Code of the City of Miami Beach is hereby amended
as follows:
Sec. 1 18-5. Unity of title; covenant in lieu thereof.
For purposes of this subsection. the term "Unified Development Site" is defined as a site where
development is proposed comprisino multiple lots with all lots touchinq and not separated bv
another lot. street. sidewalk or allev. All applications for building permits where multiple
buildings are proposed for a single lot or where single or multiple buildings are proposed for a
unified development site consisting of multiple lots, shall be accompanied by one of the
following documentsi= is
and net separated b
(1) A unity of title, approved for legal form and sufficiency by the city attorney, which shall run
with the land and be binding upon the owner's heirs, successors, personal representatives and
assigns, and upon all mortgagees or lessees and others presently or in the future having any
interest in the property; or
(2) A declaration of restrictive covenants, also called a covenant in lieu of unity of title approved
for legal form and sufficiency by the city attorney, which shall run with the land and be binding
upon the owner's heirs, successors, personal representatives and assigns, and upon all
1of 4
380
mortgagees and lessees and others presently or in the future having any interest in the
property. The declaration shall contain the following necessary elements:
a. That the unified development sub1e€t site will be developed in substantial accordance with the
approved site plan, after one has been submitted and approved under the city's land
development regulations. That nNro modification shall be effectuated without the written consent
of the then owne(s) @+en of the site. or oortion thereof. prepe*y for which
modification is sought, and all the remaininq owners the €".€.inel unified development site, or
their successors, whose consent shall not be unreasonably withheld, and the director of the
city's planning department; provided the director finds that the modification would not generate
excessive noise or traffic, tend to create a fire or other equally or greater dangerous hazard, or
provoke excessive overcrowding of people, or tend to provoke a nuisance, or be incompatible
with the unified development site €lr€a concerned when considering the necessity and
reasonableness of the modification in relation to the present and future development of the area
concerned. Should the director withhold such approval, the then owne(s) of the phase or
portion of the property for which modification is sought shall be permitted to seek such
modification by application to modify the plan at public hearing before the
appropriate city board or the city commission of Miami Beach Florida, (whichever by law has
jurisdiction over such matters). Such application shall be in addition to all other required
approvals necessary for the modification sought. Proposed modifications to the unified
development site's prepe+Vs use, operation, physical condition or site plan shall also be
required to return to the appropriate development review board or boards for consideration of
the effect on prior approvals and the affirmation, modification or release of previously issued
approvals or imposed conditions.
b. That if the suteetprepe*y unified development site will be developed in phases, that each
phase will be developed in substantial accordance with the approved site plan.
c. That in the event of multiple ownerships subsequent to site plan approval that each of the
subsequent owners shall be bound by the terms, provisions and conditions of the declaration of
restrictive covenants. The owner shall further agree that he or she will not convey portions of the
unified development site $#r€€tfr€pe#y to such other parties unless and until the owner and
such other party or parties shall have executed and mutually delivered, in recordable form, an
instrument to be known as an "easement and operating agreement" which shall contain among
other things:
i. Easements in the common area of each parcel for ingress to and egress from the other
parcels;
ii. Easements in the common area of each parcel for the passage and parking of vehicles;
iii. Easements in the common area of each parcel for the passage and accommodation of
pedestrians;
iv. Easements for access roads across the common area of [each] parcel to public and private
roadways;
v. Easements for the installation, use, operation, maintenance, repair, replacement, relocation
and removal of utility facilities in appropriate areas in each such parcel;
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381
vi. Easements on each such parcel for construction of buildings and improvements in favor of
each such other parcel;
vii. Easements upon each such parcel in favor of each adjoining parcel for the installation, use,
maintenance, repair, replacement and removal of common construction improvements such as
footings, supports and foundations;
viii. Easements on each parcel for attachment of buildings;
ix. Easements on each parcel for building overhangs and other overhangs and projections
encroaching upon such parcel from the adjoining parcels such as, by way of example,
marquees, canopies, lights, lighting devices, awnings, wing walls and the like;
x. Appropriate reservation of rights to grant easements to utility companies;
xi. Appropriate reservation of rights to road right-of-ways and curb cuts;
xii. Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated
private ring roads and access roads; and
xiii. Appropriate agreements between the owners of the several parcels as to the obligation to
maintain and repair all private roadways, parking facilities, common areas and common facilities
and the like.
These provisions in this subsection (c) e+pe*iens-mereef may be waived by the director if they
are not applicable to the sugje€+fr€p€*y unified development site (such as for conveyances to
purchasers of individual condominium units). These provisions of the easement and operating
agreement shall not be amended without prior written approval of the city attorney. ln addition,
such easement and operating agreement shall contain such other provisions with respect to the
operation, maintenance and development of the pr€pe+y unified development site as to which
the parties thereto may agree, or the director may require, all to the end that although the
property may have several owners, it will be constructed, conveyed, maintained and operated in
accordance with the approved site plan. The department shall treat the unified development
site as one site under these land development regulations, regardless of separate ownerships.
d. The declaration of restrictive covenants shall be in effect for a period of 30 years from the
date the documents are recorded in the public records of Miami-Dade County, Florida, after
which time they shall be extended automatically for successive periods of ten years unless
released in writing by the then owners and the director, acting for and on behalf of Miami Beach,
Florida, upon the demonstration and affirmative finding that the same is no longer necessary to
preserve and protect the pr€pe*y unified development site for the purposes herein intended.
e. Enforcement of the declaration of restrictive covenants shall be by action at law or in equity
with costs and reasonable attorneys'fees to the prevailing party.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
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SECTION 3. REPEALER.
All ordinances or part of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABI LITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of
ATTEST:
Rafael E. Granado, City Clerk
First Reading:October 22,2014
Second Readi
Verified by:
Planning Director
Underscore denotes new language
S+i*e+nreugh denotes deleted language
T:\AGE N DA\201 4\October\U nifi ed Development Site - ORD First Read.docx
2014.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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383
THIS PAGE INTENTIONALLY LEFT BLANK
384
COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider an Ordinance Amendment to the Land Development Regulations by
amending the maximum building height and lot aggregation requirements in the R-PSI, R-PS2, R-
PS3 and R-PS4 zonino districts.
AGENDA ITETU
DATE
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48Yo of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to is "about the riqht amount."
Item S ummary/Recommendation :
FIRST READING
The proposed Ordinance amendment removes height limitations for lots aggregated after November 3'
2002 and raises height limits for lots 50 feet wide or less from 35 feet to 40 feet.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the attached Ordinance at
First Reading and schedule a Second Readinq Public Hearinq for November 19,2014.
On September 23,2014 the Planning Board recommended approval of the subject Ordinance by a
vote of 6 to 0 (Planning Board File No. 2210).
Financia! lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
T:\AGENDA\2014\OctobeARPS Heights and Lot Aggregation - 1st Reading SUM.
MIAMIBEACH RsI
385
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUB.JECT:
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AII'IENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,..ZONING DISTRICTS AND REGULATIONS" ARTICLE II, "DISTRICT
REGULATIONS" DIVISION 18, ..PS PERFORMANCE STANDARD
DISTRICT," AMENDING SECTION 142-696 "RESIDENTIAL
PERFORMANCE STANDARD AREA REQUIREMENTS,'' BY AMENDINGTHE MAXIMUM BUILDING HEIGHT AND LOT AGGREGATION
REQUIREMENTS IN THE R.PSI, R.PS2, R.PS3 AND R.PS4 ZONING
DISTRIGTS; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFEGTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for November 19, 2014.
BACKGROUND
On February 20, 2002, the City Commission referred an Ordinance Amendment to the
Planning Board, modifying the maximum building height requirements in the R-PS4
zoning district. A series of Commission and Planning Board workshops ensued, and a
proposed Ordinance was approved at First Reading by the City Commission on October
23,2002.
On November 13, 2002, The City Commission adopted Ordinance No. 2002-3386, which
modified the maximum building height requirements in the RPS-4 Zoning District. During
the adoption hearing for the Ordinance, the following language pertaining to 'Lot
Aggregation' was added on the floor, and was included within the text of the Ordinance:
Mayor Philip Levine and Members olthe City
Jimmy L. Morales, City Manager
October 22,2014
RPS Heights and Lot Aggregation
J,,,.,,onV
FIRST READING
386
Commission Memorandum
Ordinance Amendment- RPS Herghts and Lot Aggregation
October 22, 2014 Page 2 of 3
"Lots at a width of 50 feet or less aggregated after the effective date of this
ordinance with adjacent parcels shall have a maximum height of 35 feet and shall
not be allowed the increased height for parcels wider than 50 feet."
On July 12, 2006, the City Commission re-adopted the subject Ordinance (Ordinance
No. 2006-3522) due to a defective published notice. The above text pertaining to 'Lot
Aggregation' was modified slightly in this re-adoption to add the effective date, as
follows:
"Lots at a width of 50 feet or /ess aggregated with adjacent parcels after
November 3, 2002 shall have a maximum height of 35 feet and shall not be
allowed the increased height for parcels wider than 50 feet" (underline added).
On July 23, 2014, the City Commission referred an Ordinance to the Land Use and
Development Committee and the Planning Board, in order to address the
aforementioned i nconsistency.
On September 3, 2014, the Land Use and Development Committee recommended that
Section 142-696 (3) of the Code be completely removed and that the maximum height
limit for lots less than 50 feet in width be raised from 35 feet to 40 feet in order to better
accommodate the four allowable stories.
ANALYSIS
The plain language in the Ordinance adopted by the commission in 2002, and again in
2006, pertaining to 'Lot Aggregation' without specifying a particular zoning district
suggested that it applied to the RPS-1 ,2 & 3 Districts, in addition to the RPS-4 District.
The Planning Department had interpreted the Ordinance this way since it was originally
adopted in 2002.
Recently, it was brought to the attention of the Planning Department that the title for the
subject Ordinance only referred to the RPS-4 District; this raised a question as to
whether it should only apply to that district, and not the RPS-1 ,2 & 3 Districts. The title
in Ordinance No. 2006-3522. adopted on July 12,2006, and the original Ordinance No.
2002-3386, adopted on November 13, 2002, only included modifications to the building
heights in the RPS-4 district, and did not contain any reference to the modification of
height requirements in the RPS-1 ,2 or 3 districts. The following is the Title used for the
adoption of both versions of the subject Ordinance:
AN ORDINANCE OF THE MAYOR AND CITY COMMISS/ON OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,
"ZONING D/SIR/CIS AND REGULATIONS" ARTICLE II, "DISTRICT
REGULATIONS" DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT,'
AMENDING SECTION 142.696 *RESIDENTIAL PERFORMANCE STANDARD
AREA REQUIREMENTS,' BY AMENDING THE MAXIMUM BUILDING HEIGHT
lN THE R-PS4 ZONING DISTRICT; AMENDING SECTON 142-697 'SETBACK
REQUIREMENTS /N THE R-P57, 2, 3, 4 DISTRICTS," TO PROVIDE FOR
ADDITIONS TO FOLLOW THE EXISTING BUILDING LINE AND MODIFYING
THE TOWER SEIEACKS; PROVIDING FOR CODIFICATION, REPEALER,
387
Commission Memorandum
Ordinance Amendment - RPS Helghfs and Lot Aggregation
October 22, 2014 Page 3 ol 3
SEVERABILITY AND AN EFFECTIVE DATE.
Additionally, in reviewing the video of the original adoption hearing on November 13,
2002, it appears that the subject text pertaining to 'Lot Aggregation'was only intended to
be part of the RPS-4 district regulations. There was no mention during the adoption
hearing of this language also being applicable to the RPS-1 ,2 or 3 districts.
ln order to clarify the inconsistency of the text with the Title of the previously adopted
Ordinance, the attached Ordinance, as recommended by the Land Use and
Development Committee, is proposed.
PLANNING BOARD REVIEW
On September 23,2014, the Planning Board (by a vote of 6-0) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission:
1. Accept the recommendation of the Land Use and Development Committee via
separate motion.
2. Approve the attached Ordinance at First Reading and schedule a Second
Reading Public Hearing for November 19, 2014.
,rffi**,**
T:\AGENDA\2O14\October\RPS Heights and LotAggregation - 1st Reading MEM.docx
388
RPS HEIGHTS AND LOT AGGREGATION
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,..ZONING DISTRIGTS AND REGULATIONS" ARTICLE II, "DISTRICT
REGULATIONS" DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT,"
AMENDING SECTION 142.696 "RESIDENTIAL PERFORMANCE STANDARD
AREA REQUIREMENTS,'' BY AMENDING THE MAX!MUM BUILD!NG HEIGHT
AND LOT AGGREGATION REQUIREMENTS IN THE R.PS1, R.PS2, R-PS3
AND R-PS4 zONING DISTRICTS; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILIW AND AN EFFECTIVE DATE.
WHEREAS, the Ocean Beach Historic District contains a collection of important historic
buildings which together embody a rich history of the first three decades of the development of
Miami Beach; and
WHEREAS, the Land Development Regulations of Miami Beach have been promulgated
to provide for compatibility of new development in historic districts in Miami Beach; and
WHEREAS, the Land Development Regulations in the Ocean Beach Historic District
provide for a reasonable limitation of the height of new development on sites in the Residential
Special Performance "R-PS" areas, which aids in the development of compatible infill structures.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
SECTION 1 Chapter 142, "Zoning Districts and Regulations", Article ll, "District Regulations"
Division lS, "Performance Standard District," of the Land Development Regulations of the Code
of the City of Miami Beach is hereby amended as follows:
Section 1 42-696. Residential performance standard area requirements
Residential Su b-d istricts
Performance
Standard
R-PS1 R-PS2 R-PS3 R-P54
Minimum lot area 5.750 so. ft.6.750 so. ft 5,750 sq. ft.5,750 sq. ft.
Minimum lot
width
50 feet 50 feet 50 feet 50 feet
Required open
space ratio
0.60, see Sec. 142-
704
0.65, see Sec.142-704 0.70, see Sec. 142-
704
0.70, see Sec.142-704
Maximum
building
Height
45 feet
Lots 50 feet wide or
less - 3540 feet
45 feet
Lots 50 feet wide or
less - 3540 feet
50 feet
Lots 50 feet wide or
less - 3540 feet
Non-oceanfront - 80 feet;
Oceanfront 100 feet;
Lots 50 feet wide or less -
3540 feet.
Maximum
number
of stories
5
Lots 50 feet wide or
less - 4
5
Lots 50 feet wide or
less - 4
5
Lots 50 feet wide or
less - 4
Non-oceanfront - 8
Oceanfront - 11
Lots 50 feet wide or less -
4
ln the Ocean Beach
l of 4
389
Performance
Standard
R.PS1 R-P52 R-PS3 R.PS4
Minimum lot area 5,750 sq. ft.5,750 sq. ft 5,750 sq. ft.5,750 sq. ft.
Historic District - 7
Maximum floor
area ratio
1.25 1.50 1.75 2.0
Minimum floor
Area per
apartment unit
(souare feet)
New construction -
700
Rehabilitated
buildinos - 400
New construction - 650
Rehabilitated
buildings - 400
New construction
600
Rehabilitated
buildinos - 400
New construction - 550
Rehabilitated
buildings - 400
Minimum average
floor area per
apartment unit
(souare feet)
New construction
950
Rehabilitated
buildinqs - 550
New construction - 900
Rehabilitated
buildings - 550
New construction
850
Rehabilitated
buildinos - 550
New construction - 800
Rehabilitated
buildings - 550
Minimum average
floor area per
hotel unit (square
feet)
N/A N/A 15o/o = 300-335
square feet
85o/o = 335+ square
feet
15% = 300-335 square
feet
85o/o = 335+ square feet
Minimum parkinq Pursuant to Chapter 130 and Section 142-705 requirement
Minimum off-
street loadinq
Pursuant to Chapter 130, Article lll.
SIonS Pursuant to Chapter 138
Suites hotel Pursuant to Article lV, division 3 of this chapter.
* Notwithstanding the foregoing provisions regarding maximum building height, in the Ocean
Beach historic district, as defined in subsection 118-593(e)(11), the maximum building height for
a lot located in the R-PS1, R-PS2, or R-PS3 zoning districts
(i) With a lot exceeding 50 feet, and
(ii) Upon which there exists a contributing structure which has not received a
certificate of appropriateness for demolition (or any such approval has expired),
shall be 35 feet.
1. Notwithstanding the above height restrictions, existing structures within a local historic
district are subject to section 142-1161.
2. ln the R-PS4 zoning district, within the Ocean Beach historic district, when an existing
contributing structure is nonconforming with respect to the height regulations in section
142-696, such structure may be repaired, renovated or rehabilitated regardless of the
cost of such repair, renovation or rehabilitation, notwithstanding the provisions of chapter
1 1 8, article lX, "Nonconformances."
3. tets at a width ef 50 feet er less aggregated with adjaeent pareels after Nevember 3'
+ Notwithstanding the above height restrictions, in the R-PS4 zoning district, within the
Ocean Beach historic district, for lots 100 feet or more in width, the maximum height
shall be 35 feet for the first 60 feet of lot depth, 75 feet thereafter, subject to the line-of-
sight analysis of section 142-697(d). However, for residential apartment buildings, on
lots 100 feet or more in width, the historic preservation board, in accordance with
certificate of appropriateness criteria, may allow an increase in the overall height not to
exceed six stories, 60 feet for the first 60 feet of lot depth and 11 stories, 100 feet
thereafter, and on lots 50 feet wide or less may allow an increase in overall height not to
2of4
390
exceed 35 feet for the first 60 feet of lot depth and six stories, 60 feet thereafter,
provided all of the following conditions are satisfied:a. The property shall be an oceanfront lot;b. The property shall not contain a contributing building;c. The sixth level of the front portion of the new construction on lots 100 feet or more in
width shall meet a line-of-sight, which for the purpose of this section, is defined as
not being visible when viewed at eye-level (five feet six inches from grade) from the
opposite side of the Ocean Drive right-of-way, and on lots 50 feet or less wide shall
be subject to the line-of-sight analysis of section M2-697(d);d. The proposed building shall be sited and massed in a manner that promotes and
protects view corridors. At a minimum, a substantial separation of the tower portion
of any structure shall be required;e. For lots greater than 50 feet in width, the front portion of the structure shall
incorporate a separation in the center of the structure, which is open to sky, and is at
least ten feet in width and 25 feet in depth; the exact location of such separation shall
be subject to the historic preservation board, in accordance with certificate of
appropriateness criteria. Alternatively, the massing and architectural design of the
front portion of the structure shall acknowledge the historic pattern of residential
structures along Ocean Drive;f. The maximum residential density is 60 units per acre;
g. All required off-street parking for the building shall be
parking may not be satisfied through parking impact fees;
h. The owner restricts the property to permit only rentals
provided on site; required
months and one day per calendar year, through language
that are no less than six
in its condominium or
cooperative documents, and by proffering a restrictive covenant, running with the
land, or other similar instrument enforceable against the owner(s), acceptable to and
approved as to form by the city attorney, which shall be executed and recorded prior
to the issuance of a building permit, to ensure that the building remains solely as a
residential apartment building for a minimum of 30 years, and that no uses under
section 142-902(2)e. are permitted on the premises during that time period;
i. Accepting that the value in the increased height, and the incremental traffic burden
and effect on aesthetics in the district are offset by the conveyance of an easement
for an extension of the beachwalk east of their structures, the owner provides an
easement, acceptable to and approved as to form by the city attorney, for a public
beachwalk on the easterly portion of its property, as more specifically provided in the
plans on file with the city's public works department.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or part of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
3of4
391
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of 2014.
MAYOR
ATTEST:
GITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
First Reading:
Second Reading:
Verified by:
as R. Mooney,
Planning Director
Underscore denotes new language
Striket+reugh denotes deleted lang uage
T:\AGENDA\2o14\October\RPs Heights and Lot Aggregation - ORD First Read.docx
October 22,2014
4of4
392
COMMISSION ITEM SUMMARY
Gondensed Title:
FirstReadingtoconsideranordinanceAmendmentto
to the sunset provision for Parkinq District No. 5.
lncreasesatisfactionwithneighborhoodcharacter.tn
growth management across the Citv.
Supporting Data (Surveys, Environmentat Sc
businesses rate the etfort put forth by the City to regulate development is "aboutihe riqht amount.,,
lntended Outcome S
The proposed Ordinance amendment would remove the sunset provision for the parking requirements
in Parking District No. 5.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the attached Ordinance atFirst Reading and schedule a Second Reading Public Hearing for November 1g,2014.
On September 23,2014_the Planning Board reco
vote of 6 to 0 (Planning Board Fite No. 2212).
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with charter section 5.02, which requires that the "city of Miami Beach shall considerthe long{erm economic impact (at least 5 years) of proposed legislitive actions," this shall confirmthat the City Administration evaluated the longterm economiC impact (at teast 5 years) of thisproposed legislative action, and determined that there will be no measurable impact on the City's
budget.
Glerk's Office
T:\AGENDA\20'14\october\sunset Harbour parking District 5 - 1st Reading sUM.docx
Thomas Mooney
AGE}.IDA ITEi' R'T
olrre 10-22- l{MIAMIBEACH 393
MIAMI BEACH
City of frliomi 8eoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33.l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUB.JECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA BY AMENDING CHAPTER {30, "OFF.STREET
PARKING," ARTICLE ll "DISTRIGT; REQUIREMENTS," SECTION 130-33,..OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS
NOS. 2, 3 4, 5 AND 6," BY AMENDING THE SUNSET PROVISION FOR
PARKING DISTRICT NO. 5; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE.
ADM!NISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for November 19, 2014.
BACKGROUND
On December 12, 2012, the City Commission adopted an amendment to the Land
Development Regulations, establishing Parking District No. 5 in the Sunset Harbour
area, which reduced or eliminated required parking for small commercial businesses.The subject ordinance also set lower thresholds for Neighborhood lmpact
Establishments (NlE), requiring Planning Board review of restaurants over 100 seats
and/or 125 persons occupancy (the current review threshold city wide is for 300 persons
or more occupancy). On June 5, 2013, the Commission adopted an amendment to
Parking District No. 5, which provided for parking reductions in certain types of 'live-
work' and residential parking uses.
At the time of adoption of the ordinance in 2012, the Commission included a 2 year
sunset provision and made a referral to the Land Use and Development Committee
(LUDC) to review the impact of the ordinance within eleven (11) months of its adoption.
On January 22,2014, staff presented a status report to the LUDC; the LUDC scheduled
another progress report in six (6) months, specifically to address the sunset provision of
the code.
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
October 22,2014
Sunset Harbour Parking District 5
f the City
FIRST READING
394
Commission Memorandum
Ordinance Amendment - Sunsel Harbour Parking District 5
October 22, 2014 Page 2 of 2
On September 3, 2014, the LUDC recommended that the sunset provision for Parking
District 5 be removed from the code and that a progress report on the District be
provided within one year.
ANALYSIS
The reduction of parking requirements in the Sunset Harbour area was necessitated by
the extreme difficulty of actually providing parking on-site within this constrained
neighborhood. The policy of reducing parking requirements for small businesses was
warranted given that the Sunset Harbour garage is operational, which has provided
adequate infrastructure parking to support the surrounding neighborhood's burgeoning
growth of small, resident-oriented businesses.
The development of slightly larger projects is still required to provide parking; however,
these particular projects are permitted to pay a fee-in-lieu of providing parking on site.
Large developments in excess of 15,000 square feet continue to be required to provide
parking on-site or within 500 feet. The cutoff for the parking reduction is 3,500 square
feet per business, with a maximum aggregate of not more than 1O,OOO square feet of
total area for one building. Similar thresholds apply to restaurants.
The adopted ordinance included a 'sunset' clause for the reduced parking requirements,
which would apply to any new application submitted more than two (2) years after the
adoption of the ordinance. Specifically, Section 130-33(bX5) states that: "The parking
requirements in this subsection (b) shall only apply to projects that have obtained a
building permit or land use board approval by December 22,2014".
PLANNING BOARD REVIEW
On September 23,2014, the Planning Board (by a vote of 6-0) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission:
1. Accept the recommendation of the Land Use and Development Committee via
separate motion.
2. Approve the attached Ordinance at First Reading and schedule a Second
-feading Public Hearing for November 19, 2014.n4
JLN,':'[/IJlTRM/RAM
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395
PARKING DISTRICT NO. 5. SUNSET HARBOUR
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAM! BEACH, FLORIDA BY AMENDING CHAPTER 130,
"OFF-STREET PARKING," ARTICLE ll "DISTRICT; REQUIREMENTS,"
SECTION 130.33, "OFF-STREET PARKING REQUIREMENTS FOR
PARKING DISTRICTS NOS. 2, 3 4,5 AND 6," BY AMENDING THE
SUNSET PROVISION FOR PARKING DISTRICT NO. 5; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY;
AND AN EFFECTIVE DATE.
WHEREAS, the Sunset Harbour neighborhood, as delineated by the boundaries
in this ordinance is a neighborhood in transition from the light industrial uses that
originally occupied the area, to an area of mixed uses; and
WHEREAS, is it is desirable to encourage uses that are compatible with the low
scale character of the neighborhood; and
WHEREAS, the required parking established by Parking District No. 5 in the
Land Development Regulations of the City Code has resulted in a better quality of life for
the residents of the area and a more pedestrian-friendly neighborhood; and
WHEREAS, the amendments set forth below are necessary to accomplish all of
the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 130, 'Off-Street Parking," Article ll "District Requirements,"
Section 130-31 "Parking Districts Established," is hereby amended, as follows:
Section 130-33. Off-Street Parking Requirements for Parking Districts 2,3, 4,5 and
6.
Except as otherwise provided in these land development regulations, when any
building or structure is erected or altered in Parking District No. 5, off-street
parking spaces shall be provided for the building, structure or additional floor
area as follows. For uses not listed below, the off-street parking requirement
shall be the same as for Parking District No. 1 in Section 130-32.
(1) Restaurant with alcoholic beverage license or other establishment for
consumption of food or beverages. No parking requirement for an
(b)
1of 3
396
(2)
individual establishment of less than 100 seats that does not exceed
3,500 square feet of floor area. Otherwise, 1 parking space per 4 seats
and 1 parking space per 60 square feet of floor area not used for seating
shall be required. Establishments with more than 100 seats and an
occupancy load in excess of 125 persons shall be subject to the
Conditional Use procedures in Section 1 18-193 of the City Code.
Retail store, or food store, or personal seruice establishmenf: There shall
be no parking requirement for individual establishments of 3,500 square
feet or less. This may apply up to a total aggregate square footage of
10,000 square feet per development site. An establishment over 3,500
square feet (or over a total aggregate over 10,000 square feet) shall
provide one space per 300 square feet of floor area for retail space that
exceeds 3,500 square feet of floor area.
Developments of less than 10,000 square feet of new construction or
uses that exceed the maximum described s2es in (b) (1) and (2):
Parking may be satisfied by paying an annual fee in lieu of providing the
required parking in an amount equal to 2o/o of the total amount due for all
the uses within the proposed building. For new construction that is
between 10,000 to 15,000 square feet, a one-time fee shall be paid prior
to the issuance of the building permit. New construction that is greater
than 15,000 square feet shall provide all the required parking on site.
Removal of existing parking spaces. No existing required parking space
may be eliminated, except through the provisions of Section 130-35, or
through the payment of the one-time fee in lieu of providing the parking in
effect at the time, which shall be paid prior to the approval of a building
permit, provided such elimination of parking spaces does not result in an
FAR penalty (exceeding permitted floor area ratio).
The parking requirements in this subseetien (b) shall enly apply te
pre
@
SECTION 2. Repealer
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. Codification
It is the intention of the City Commission, and it is hereby ordained, that the
provisions of this Ordinance shall become and be made part of the Code of the City
of Miami Beach, as amended; that the sections of this Ordinance may be re-
numbered or re-lettered to accomplish such intention; and that the word "ordinance"
may be changed to "section" or other appropriate word.
SECTION 4. Severability.
2of3
(3)
(4)
(5)
397
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2014.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM
AND LANGUAGE
First Reading: October 22,2014
Second Reading: Novgmber 19,t2014
Verified By:
, AICP
Planning Director
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3of3
398
COMMISSION ITEM SUMMARY
lntended Outcome Su
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to t is "about the riqht amount."
Condensed Title:
First Reading to consider an Ordinance Amendment clarifying and modifying development regulations
for Sinole Familv homes.
Item Summary/Recommendation :
AGENDA rrem RS K
FIRST READING
The proposed Ordinance would amend the Single Family Regulations for clarifications of internal
courtyard, terrace and balcony calculations; second floor volumetric requirements; lot splits, and
architecturally significant homes.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading
and schedule a Second Reading Public Hearing for November 19,2014.
On September 23,2014 the Planning Board recommended approval of the subject Ordinance by a
vote of 6 to 0 (Planning Board File No. 2213).
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
Thomas Mooney
T:\AGENDA\2014\October\SF Dev Reg Modifications - SUM First Reading.docx
MIAMIBEACH D^rE (7'LL^\L(399
MIAMIBEACH
City of ftliomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:Clarification of Single Family
AN ORDINANCE OF THE MA AND GITY COMMISSION OF THE GITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING GHAPTER 114,,,GENERAL PROVISIONS," SECTION 114-1, ,,DEFINITIONS," By
INCLUDING DEFINITIONS FOR 'INTERIOR SIDE YARD OPEN SPACE".INTERNAL COURTYARD" 'TERRACE' AND 'ROOF DECK'; BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE ll, ,,DISTRICT REGULATIONS," DIVISION 2, ,,RS-l, RS-2, RS-3,
RS4 SINGLE.FAMILY RESIDENTIAL DISTRICTS,'' BY AMENDING THE
CRITERIA AND PROCEDURES FOR THE REVTEW AND APPROVAL OF
SINGLE.FAMILY RESIDENTIAL CONSTRUCTION TO TNCLUDE THE
REQUIREMENT THAT ALL HOMES ON LOTS RESULTING FROM A LOT
SPLIT SHALL BE REVIEWED BY THE DESTGN REVIEW BOARD OR
HISTORIC PRESERVATION BOARD, BY AMENDING AND CLARTFYING
THE CALCULATION OF LOT COVERAGE AND UNIT SIZE, BY AMENDING
AND CLARIFYING THE CALCULATION OF THE PHYSIGAL VOLUME OFTHE SECOND FLOOR, BY AMENDING AND CLARIFYTNG THE
REGULATIONS REGARDING ROOF DECKS, BY MODIFYING THE
PROCEDURES PERTAINING TO THE ISSUANCE OF EMERGENCY
DEMOLITION ORDERS AND THE REVIEW AND APPROVAL OF
DEMOLITION REQUESTS FOR STNGLE FAMILY HOIUIES NOT LOCATED
WITHIN A DESIGNATED HISTORIC DISTRICT, AND BY AMENDING AND
CLARIFYING THE POSTING AND MAIL NOTICE REQUIREMENTS FOR
THE FORMAL DETERMINATIONS OF ARCHITECTURAL SIGNIFICANCE
OF AN ELIGIBLE SINGLE.FAMILY HOME THAT IS PROPOSED TO BE
SUBSTANTIALLY RETAINED; PROVIDING FoR REPEALER;
CODIFICATION; SEVERABILITY; AND AN EFFECTTVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for November 19, 2014.
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
October 22,2014
the City
s
FIRST READING
400
Commission Memorandum
Ordinance Amendment - Amend Single Family Regulations for Claifications
October 22, 2014 Page 2 of 4
BACKGROUND
On February 12, 2014, the City Commission adopted comprehensive revisions to the
single family development regulations, incorporating numerous revisions including
limitations on lot coverage, unit size, roof-decks, lengths of 2-story side elevations, and
limitations on the percentage of a home's second floor volume.
On July 23, 2014, at the request of Commissioner Joy Malakoff, the City Commission
referred an Ordinance amendment pertaining to additional refinements to the recently
adopted single family home Ordinance to the Planning Board and the Land Use and
Development Committee (ltem C4H). The following is a list of the amendments
requested for consideration as part of this referral:
1. Clarification of the definitions of interior side yard open space' and 'internal
courtyard'.
2. Modify the70o/o second floor rule as it pertains to interior height volume.
3. Add a requirement for DRB review of new homes created by a lot split.
4. Amend the regulations regarding roof decks to only allow on homes with direct
access to the open bay and on single story homes.
5. Extend the year of required DRB review for the demolition of Architecturally
Significant Homes from pre-1942 to pre-1966.
The Land Use and Development Committee discussed the proposed Ordinance on
August 20,2014, and recommended that items 1-3 above move forward to the Planning
Board and that the previous referral to the Planning Board be withdrawn for items 4 and
5 above. On September 10, 2014, the City Commission withdrew the previous referral
pertaining to items 4 and 5 above (ltem C4D).
ANALYSIS
lnternal Couftyard. Terrace and Balconv Calculations
When the current Ordinance was adopted in February of this year, internal courtyards
created by enclosed walls on three (3) or more sides were required to be counted in the
overall lot coverage of the proposed home. While having a positive impact on the
perceived volume of larger homes, this provision created a minor conflict with the interior
side open space requirements of the regulations. ln order to address this issue, it was
determined that interior side yard open space located along a side elevation with a depth
of 5Oo/o or more of the developable width of the property, as measured from the required
side setback line, or with an area greater than ten percent of the lot area, shall be
considered an internal courtyard and the entire area shall be included in the lot coverage
calculation, with the exception of the area required to comply with Section 142-1OO (2)d.
of the City Code, which is excluded from the lot coverage calculations.
While the administration of the regulations, as noted above, is balanced and achieves
the goals envisioned by the interior open space requirements, the specific standards
governing each section do need to be clarified within the development regulations. After
reviewing a number of different development applications, staff believes that a combined
limit of 30% of the developable width of a site, not to exceed 5% of the total lot area,
would be more reasonable in terms of an outside limit for interior open space not being
counted in the overall lot coverage. lf a property owner wanted a larger internal open
space area, the portion of the area that exceeds 5o/o of the lot area, would be counted
towards the maximum lot coverage percentage.
401
Commission Memorandum
Ordinance Amendment - Amend Single Family Regulations for Clarifications
October 22, 2014 page g of 4
Staff has included as an attachment to this report, a graphic representation of the current
interior side open space requirements compared to the proposed revisions.
Second Floor Volumetric Req uirements
As it pertains to the 7Qo/o second floor volume limit for those homes exceeding 25o/o lot
coverage, staff has evaluated the issue further. ln many instances, the 7Oo/o threshold is
exceeded because single story garage structures, which are exempt from unit size andlot coverage requirements, cannot be used towards the first floor volume when
calculating the 2nd floor volume ratio. ln this regard, those homes with minimal 2-story
volumetric space are penalized. The proposed Ordinance includes a small change to
address this particular issue.
Lof sp//s
The proposed Ordinance amendment would require that new homes resulting from
approved 'Lot Split' applications be required to obtain approval from the DRB or HPB.
This amendment would give adjacent properties an opportunity to express their views
regarding new infill homes.
Arch itecturally Siqnificant Homes
Modifications clarifying the procedures for noticing and Emergency Demolition Orders
have been proposed.
PLANNING BOARD REVIEW
On September 23,2014, the Planning Board (by a vote of 6-0) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation. The Planning
Board also recommended that the proposed ordinance not apply to applications that
either filed for Land Use Board Approval, or obtained a Building Permit Process Number,
on or before September 23,2014.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission:
1. Accept the recommendation of the Land Use and Development Committee via
separate motion.
2. Approve the attached Ordinance at First Reading and schedule a Second
Reading Public Hearing for November 19, 2014.
3. lnclude the 'Exceptions' clause (Section 8 of the ordinance) recommended by the
,rgrftannins
Board'
JLIITfiIJTRM/MAB/RAM
f:fI6efOAUO14\October\SF Dev Reg Modifications - ORD First Read MEM.docx
402
Commission Memorandum
Ordinance Amendment - Amend Single Family Regulations for Claifications
October 22, 2014 Page 4 of 4
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403
SINGLE FAMILY HOME DEVELOPMENT REGULATIONS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CITY CODE, BY AMENDING GHAPTER 114, "GENERAL PROVISIONS,'' SECTION 114-
1, "DEFINITIONS," BY INCLUDING DEFINITIONS FOR 'INTERIOR SIDE YARD OPEN
SPACE', 'INTERNAL COURTYARD', 'TERRACE' AND 'ROOF DECK'; BY AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS,'' DIVISION 2, "RS.l, RS.2, RS.3, RS.4 SINGLE.FAMILY RESIDENTIAL
DISTRIGTS," BY AMENDING THE CRITERIA AND PROCEDURES FOR THE REVIEW
AND APPROVAL OF SINGLE.FAMILY RESIDENTIAL CONSTRUCTION TO INGLUDE
THE REQUIREMENT THAT ALL HOMES ON LOTS RESULTING FROM A LOT SPLIT
SHALL BE REVIEWED BY THE DESIGN REVIEW BOARD OR HISTORIC
PRESERVATION BOARD, BY AMENDING AND CLARIFYING THE CALCULATION OF
LOT COVERAGE AND UNIT SIZE, BY AMENDING AND CLARIFYING THE
CALCULATION OF THE PHYSICAL VOLUME OF THE SECOND FLOOR, BY
AMENDING AND CLARIFYING THE REGULATIONS REGARDING ROOF DECKS, BY
MODIFYING THE PROCEDURES PERTAINING TO THE ISSUANCE OF EMERGENCY
DEMOLITION ORDERS AND THE REVIEW AND APPROVAL OF DEMOLITION
REQUESTS FOR SINGLE FAMILY HOMES NOT LOCATED WITHIN A DESIGNATED
HISTORIC DISTRICT, AND BY AMENDING AND CLARIFYING THE POSTING AND MAIL
NOTICE REQUIREMENTS FOR THE FORMAL DETERMINATIONS OF
ARGHITECTURAL SIGNIFICANCE OF AN ELIGIBLE SINGLE.FAMILY HOME THAT IS
PROPOSED TO BE SUBSTANTIALLY RETAINED; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the regulation of additions and new construction in single family districts
is necessary in order to ensure compatible development within the built character of the
single-family neighborhoods in the City; and
WHEREAS, the identity, image and environmental quality of the City should be
preserved and protected; and
WHEREAS, City Commission recently adopted modifications to the Single Family
Home development regulations; and
WHEREAS, it is appropriate to update the definitions and amendments in the Code
for the review and approval of single-family residential construction; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved in the City's single-family districts; and
WHEREAS, the Planning Board, at its meeting dated September 23,2014, by a vote
of 6-0 recommended in favor of the Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE GITY OF MIAMI BEACH, FLORIDA:
404
SECTION 1. The Miami Beach City Code, Chapter 114, "General Provisions," section 114-
1, "Definitions," is hereby amended as follows:
Sec. 114-1. Definitions.
The following words, terms and phrases when used in this subpart B, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Courfvard, /nfernal, means that portion of a lot whether sodded. landscaped or paved.
unoccupied bv anv part of a structure and open to the skv. which is substantiallv surrounded
bv a sinqle buildino or qroup of buildinos on three or more sides.
Ierrace, means a platform that extends outdoors from a floor of a house servino as an
outdoor livino space, and which mav or mav not be covered.
/nferior side vard open space. means that open space portion of a lot whether sodded,
landscaped or paved, unoccupied bv anv part of a structure and open to the skv, which is
surrounded bv a sinqle buildinq or qroup of buildinqs on three sides bv walls. and extendinq
towards an interior or side facinq street vard.
Roof deck. means a structural platform located above the finished main roof line of a
buildino, desioned for outdoor occupation.
SECTION 2. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts,"
Section 142-105, "Development Regulations and Area Requirements," of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
Sec. 1 42-105. Development regulations and area requirements.
(a) The review criteria and application requirements for the RS-1, RS-2, RS-3, RS-4 single-
family residential districts are as follows:
(1) Compliance with regulations and review criteria.
a. Permits for new construction, alterations or additions to existing structures shall
be subject to administrative (staff level) review by the planning director or
designee the design review board (DRB), or historic preservation board (HPB)
as applicable, in order to determine consistency with the review criteria listed in
this section.
b. ln complying with the review criteria located in this section, the applicant may
choose either to adhere to the development regulations identified in sections
142-105 and 142-106 administratively through staff level review or seek
enhancements of the applicable development regulations as specified therein,
where permitted, through approval from the historic preservation board or
design review board, in accordance with the applicable design review or
appropriateness criteria.
405
Notwithstanding the foregoing, for those structures located within a locally
designated historic district, or individually designated as an historic structure or
site, the review and approval of the historic preservation board (HPB) may be
required.
Notwithstanding the foregoing, for those structures constructed prior lo 1942
and determined to be architecturally significant, in accordance with section
142-108 herein, the review and approval of the design review board (DRB)
shall be required.
(b) The development regulations for the RS-1, RS-2, RS-3, RS-4 single-family residential
districts are as follows:
(\ Unit size requirements.
a. Minimum unit size: 1,800 square feet.
b. For purposes of this subsection, unit size means the sum of the gross
horizontal areas of the floors of a single-family home, measured from the
exterior faces of exterior walls. However, the unit size of a single-family home
shall not include the following, unless othenarise provided for in these land
development regulations:
1. Uncovered steps.
2. Attic space, providing structural headroom of less than seven feet six
inches.
3. Those portions of covered Tlerraces, breezeways, or open porches,
that do not project more than ten feet
from the main home building(g).
4. Enclosed floor space used for required off-street parking spaces
(maximum 500 square feet).
5. Those portions of covered Eexterior unenclosed private balconies,
previded--anp r€h gele€ny-d€es that do not project more than six feet
from the building.
c. For two story homes with an overall lot coverage of 25 percent or greater, the
physical volume of the second floor shall not exceed 70 percent of the first
floor of the main home, el€lusive inclusive of any enclosed req+irea parking
area structure. The DRB or HPB may forego this requirement, in accordance
with the applicable design review or appropriateness criteria.
(5) Lot coverage (building footprint).
a. General. For lots aggregated after September 24. 2013, when a third lot is
aggregated, as limited by subsection 142-105(b)(3), the calculation of lot
coverage shall be determined by the two lots on which the house is located.
d.
406
One-story structures. One-story structures may exceed the maximum lot
coverage noted in subsection 142-105(bX1) above, through staff level review
and shall be subject to the setback regulations outlined in section 142-106, but
in no instance shall the building footprint exceed 50 percent of the lot area. For
purposes of this section, a one-story structure shall not exceed 18 feet in
height for flat roof structures and 21 feet for sloped roof structures (measured
to the mid-point of the slope) as measured from the minimum flood elevation.
However for five percent of the lot coverage, the height may be increased up to
24 feet for a single flat roof structure or 27 feel for a single sloped roof
structure (measured to the mid-point of the slope). The length of any wall
associated with this higher height shall not exceed 25 feet.
Calculating lot coverage. For purposes of calculating lot coverage, the footprint
shall be calculated from the exterior face of exterior walls and the exterior face
of exterior columns on the ground floor of all principal and accessory buildings,
or portions thereof. lnternal courtyards, which are open to the sky, but which
are substantially enclosed by the structure on three or more sides, shall be
included in the lot coverage calculation. However, outdoor covered areas, such
as, but not limited to, loggias, covered patios, pergolas, etc., that are open on
at least two sides, and not covered by an enclosed floor above, shall not be
included in the lot coverage calculation.
(9)Lof spit. All new construction for homes on lots resultino from a lot split application
approved bv the Planninq Board shall be subiect to the review and approval of the
desiqn review board (DRB) or historic preservation board (HPB). as applicable.
SECTION 3. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts,"
Section 142-106, "Setback Requirements for a Single-Family Detached Dwelling," of the
Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
Sec. 142-106. Setback requirements for a single-family detached dwelling.
(2)Side yards:
a. The sum of the required side yards shall be at least 25 percent of the lot width.
b. Side, facing a street. Each required side yard facing a street shall be no less
than ten percent of the lot width or 15 feet, whichever is greater. Also, at least
35 percent of the required side yard area facing a street shall be sodded or
landscaped pervious open space. With the exception of driveways and paths
leading to the building, paving may not extend any closer than five feet to the
front of the building.
c. lnterior sides. Any one interior side yard shall have a minimum of ten percent
of the lot width or seven and one-half feet, whichever is greater.
d. Two-story side elevations located parallel to a side property line shall not
exceed 50 percent of the lot depth, or 60 feet, whichever is less, without
incorporating additional open space, in excess of the minimum required side
b.
c.
407
yard, directly adjacent to the required side yard. The additional open space
shall be regular in shape, open to the sky from grade, and at least eight feet in
depth, measured perpendicular from the minimum required side setback line.
The square footage of the additional open space shall not be less than one
percent of the lot area. The open soace provided alonq a side elevation in
accordance with this subsection. whether required or not. shall not be included
in the lot coveraqe calculation provided that the combined depth of the open
space. as measured from the required side setback line(s). is less than 30
percent of the maximum developable buildino width of the propertv. as
measured from the interior setback lines. and the total open space provided
does not exceed five (5) percent of the lot area. Anv oortions of the interior
side vard open space in excess of five (5) percent of the lot area shall be
included in the total lot coveraqe calculation. The elevation (heiqht) of the open
soace provided shall not exceed the maximum permitted elevation heiqht of
the required side vard and at least 75 percent of the required interior open
space area shall be sodded or landscaoed pervious open space.
The intent of this regulation shall be to break up long expanses of uninterrupted
two-story volume at or near the required side yard setback line and exception
from the minimum requirements of this provision may be granted only through
historic preservation board, or design review board approval, in accordance
with the applicable design review or appropriateness criteria.
SECTION 4. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts,"
Section 142-108, "Provisions for the Demolition of Single-Family Homes Located Outside of
Historic Districts," of the Land Development Regulations of the Code of the City of Miami
Beach, Florida is hereby amended as follows:
Sec. 142-108. Provisions for the demolition of single-family homes located outside of historic
districts.
(e) Partial demolition procedures for an architecturally significant home.
(1) A building permitfor partial demolition to accommodate additions or modifications
to the exterior of any architecturally significant single-family home constructed prior
lo 1942 shall be issued only upon the prior final approval by the planning director,
or designee, unless appealed as provided in subsection (3) below. ln the event an
architecturallv siqnificant sinole familv home is proposed to be substantiallv
retained, the mail notice requirements in Section 142-108(a) shall not be required
and a A property owner may deeide-{e proceed directly to the DRB, pursuant to
subsection 142-108(9), or agree to have the partial demolition reviewed and
approved by staff, pursuant to subsection 142-108(eXa); in either instance, a
demolition permit shall not be issued until a full building permit for new construction
has been issued.
(f) /ssuance of demolition permits for architecturally significant homes.
408
(1) Emergency demolition orders. This section shall not supersede the requirements of
the applicable building code with regard to unsafe structures and the issuance of
emergency demolition orders, as determined by the building official. ln the event
that an emerqencv demolition order is issued for anv sinqle familv home built prior
to 1942. and such order is issued prior to a determination of architectural
siqnificance, approval from the desiqn review board for anv new construction shall
be required.
SECTION 5. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 6. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of Miami
Beach as amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 7. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 8. EXCEPTIONS
This ordinance shall not apply to an application filed for Land Use Board Approval
with the Planning Department on or before September 23, 2014; or to a Building Permit
Process Number obtained from the Building Department on or before September 23,2014.
SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of
ATTEST:
Rafael Granado, City Clerk
First Reading:October 2014
Second Readiao:9,
Verified by:
Planning Director
Underscore denotes new language
Stri*etnreush denotes deleted lang uage
T:\AGENDA\2014\October\SF Dev Reg Modifications - ORD First Read.docx
Cr'(l ,, ., r$,lth
2014.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Atlorney{
409
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410
Condensed Title:
An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Chapter 70 Of The
Code Of The City Of Miami Beach, Entitled "Miscellaneous Offenses," By Amending Article ll, Entitled "Public
Places," By Amending Division 2, Entitled "Bicycling, Skateboarding, Roller Skating, ln-Line Skating, And Motorized
Means Of Transportation," By Amending Section 70-66, Entitled "Definitions" To lncorporate the Exemption For
Motorized Wheelchairs And Similar Devices Used By Disabled Persons lnto The Definition of "Motorized Means Of
Transportation," Making Corresponding Amendments Throughout Division 2, And Adding A Definition For High
lmpact Periods; By Amending Section 70-67, Entitled "Prohibited Activities," To Amend The Locations Where
Motorized Means of Transportation Are Prohibited; By Amending Section 70-69, Entitled "Responsibilities Of
Bicyclists, Skaters, And Persons Operating Electric Personal Assistive Mobility Devices," By Amending The
Responsibilities Set Forth Therein And To lnclude Persons Operating Motorized Means Of Transportation; By
Amending Section 70-70, Entitled 'Responsibilities of Persons And Business Entities Providing Rentals, Leases,
And/OrTours Of Electric PersonalAssistive Mobility Devices," By Amending The Responsibilities Set Forth Therein;
And By Amending Section 70-71 , Entitled "Enforcement; Penalties," To Provide Housekeeping Amendments;
. Codification, And An Effective Date.For
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2014 Miami Beach Community
Satisfaction Survey Final Report, about 4 out of 10 residents (39%) claimed they would ride bicycles; this is
in 2012 @9YoL
Item Summary/Recommendation :
At its October 24, 2012 meeting, the City Commission passed and adopted Ordinance No. 2012-3780 and
Resolution No. 2012-28041 which provided various regulations concerning electric personal assistive mobility
devices (also known as Segways or EPAMDS). 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 Section 70-71. The Ordinance restricted
the speed of EPAMDS to eight (8) MPH on all sidewalks, sidewalk areas, and bicycle paths, and prohibited the
operation of EPAMDs on interior pathways within South Pointe Park and Collins Park and on the sidewalk on the
west side of Ocean Drive between South Pointe Drive and 15th Street. Pre-existing City Code provisions prohibited
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.
ln addition to City Code regulations contained in Chapter 70 and in the City's Administration Rules, Section 82-438 of
the City Code piohibits wf,eeled conveyances on the wooden elevated Eioardwalk, between 24th and 45th Streets,
except when required by disabled persons, strollers, or as required by fire, police, ocean rescue, or other city
employees and agents as may be authorized by the City Manager. Pursuantto Ordinance No.2014-3862onMay21,
2014,the regulations in Section 70-67 were amended to prohibit motorized means of transportation in the following
additional areas: A) The Beachwalk between 15th and 23'd Streets and between 64th and 79'h Streets, B) The
Beachwalk south of 5th Street, C) Lummus Park Promenade between Sth and 1Sth Streets; D) The sidewalks on the
east side Of Ocean Drive between South Pointe Drive and 15th Street; E) The South Pointe Park Cutwalk adjacent
and parallel to Government Cut; F) The Marina Baywalk adjacent and parallel to Biscayne Bay and South of Sth
Street.
On June 11 ,2014, Ordinance No. 2014-3881 was adopted that prohibited the operation of bicycles on Lincoln Road
between 9:00 am and 2:00 am. Ordinance2014-3881 also revised the definitions in Division 2 of Article llof 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 by other than human power, such as motorized
skateboards and skates, but not those devices defined as a "vehicle" under state law.
To address additional safety concerns and accidents already experienced in the City, Ordinance No. 2014-3883 was
adopted on July 23,2014 to further amend the provisions in Chapter 70 by incorporating the Administrative Rules
into the City Code and adding stricter penalties for insurance violations for business entities providing rentals, leases,
and/or tours. At the July 23,2014 City Commission meeting, the Commission referred the matter of EPAMDS and
motorized means of transportation to the Neighborhood/Community Affairs Committee (NCAC) for further
amendments and to bring an Ordinance back to the City Commission in October. The proposed Ordinance
incorporates many of the resident and City staff recommendations for further amendment and is recommended for
adoption on first reading.
THE ADMINISTRATION RECOMMENDS THAT THE ORDINANCE BE ADOPTED ON FIRST READING.
Financial lnformation :
Source of
Funds:
Amount Account
1
OBPI Total
Financial !moact Summarv: None.
Deoartment Director Assistant Gitr?lanaqer Cit{iManaqer
JRG )lzt KGB w JLrm_
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HDA I'TEM Ps t-
t'o-^z-tyCB AAIAAAIBEACH EIA,TE411
g MIAMI BEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members ofJthe City
Jimmy L. Morales, City Manager
October 22,2014
SUBJECT: AN ORDINANCE OF THE MAYOR AllD CITY COMMISSION OF THE CITY
OF MIAM! BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "MISCELLANEOUS OFFENSES,"
BY AMENDING ARTICLE II, ENTITLED "PUBLIC PLACES,'' BYAMENDING
DIVISION 2, ENTITLED "BICYCLING, SKATEBOARDING, ROLLER
SKATING, IN.LINE SKATING, AND MOTORIZED MEANS OF
TRANSPORTATION," BY AMENDING SECTION 70-66, ENTITLED
..DEFIN!T!ONS" TO INCORPORATE THE EXEMPTION FOR MOTORIZED
WHEELCHAIRS AND SIMILAR DEVICES USED BY DISABLED PERSONS
INTO THE DEFINITION OF "MOTORIZED MEANS OF TRANSPORTATION,"
MAKING CORRESPONDING AMENDMENTS THROUGHOUT DIVISION 2,
AND ADDING A DEFINITION FOR HIGH IMPACT PERIODS; BY AMENDING
SECTION 70.67, ENTITLED "PROHIBITED ACTIVITIES," TOAMEND THE
LOCATIONS WHERE MOTORIZED MEANS OF TRANSPORTATION ARE
PROHTBITED; BY AMENDING SECTION 70-69, ENTITLED
..RESPONSIBILITIES OF BICYCLISTS, SKATERS, AND PERSONS
OPERATING ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES," BY
AMENDING THE RESPONSIBILITIES SET FORTH THEREIN AND TO
INCLUDE PERSONS OPERATING MOTORIZED MEANS OF
TRANSPORTATION; BY AMENDING SECTION 70-70, ENTITLED
..RESPONSIBILITIES OF PERSONS AND BUS!NESS ENTITIES PROVIDING
RENTALS, LEASES, AND/OR TOURS OF ELECTRIC PERSONAL
ASSISTIVE MOBILITY DEVICES," BY AMENDING THE RESPONSIB!L!T!ES
SET FORTH THEREIN; AND BY AMENDING SECTION 70-71, ENTITLED
"ENFORCEMENT; PENALTIES," TO PROVIDE HOUSEKEEPING
AMENDMENTS; PROV!DING FOR REPEALER, SEVERAB!LITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that this Ordinance be adopted on first reading.
FINANCIAL IMPACT
Charter section 5.02 requires that the "City of Miami Beach shall consider the long-term economic
impact (at least 5 years) of proposed legislative actions." Staff has determined thatthere will not be
a fiscal impact on the City's budget by enacting the proposed ordinance. The implementation of the
proposed Ordinance would not require additional staffing. Enforcement of the proposed Ordinance
would be achieved through the Code Compliance and Police Departments utilizing existing
resources.
FROM:
DATE:
412
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
October 22,2014
Page 2 of 4
BACKGROUND
ln2OO7, pursuant to Resolution No. 2007-26695, the City of Miami Beach (City) adopted the Atlantic
Greenway Network (AGN) master plan to create a safer environment for pedestrians and bicyclists.
The AGN proposed a comprehensive network of pedestrian and bicycle facilities that provide direct
access to important destinations within the City, linking residential neighborhoods, commercial
centers, and parks. The Beachwalk and Baywalk are major components of the AGN system and
facilitate the use of alternative and sustainable forms of transportation throughout the City.
The dense urban environment of Miami Beach leads to a high percentage of users competing for
public space, including pedestrian pathways and sidewalks. Recently, the use has increased with
Electric Personal Assistive Mobility Devices (also known as Segways or "EPAMDs") along the City's
Beachwalk, sidewalks, and rights-of-way. Complaints with regard to EPAMD use in the City have
ranged from the speed at which the users pass pedestrians, often without any warning to the
pedestrian; careless and reckless behavior by the users causing congestion and fear of injury on
heavily traveled pedestrian walkways; and collisions with pedestrians causing personal injuries. ln
addition to persons operating EPAMDs, persons that utilize other motorized means of transportation,
as defined in the City Code, such as motorized skateboards, also pose a safetythreatto pedestrians
and others who utilize the City's sidewalks and pedestrian ways.
HISTORY REGARDING REGU LATIONS
At its October 24,2012 meeling, the City Commission passed and adopted Ordinance No. 2012-
3780 and Resolution No.2012-28041 which provided various regulations concerning EPAMDS. 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 Section 70-71. The Ordinance restricted the speed of
EPAMDs to eight (8) MPH on all sidewalks, sidewalk areas, and bicycle paths, and prohibited the
operation of EPAMDs on interior pathways within South Pointe Park and Collins Park and on the
sidewalk on the west side of Ocean Drive between South Pointe Drive and 1Sth Street. Pre-existing
City Code provisions prohibited 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.
Resolution No.2012-28041 set forth Administrative Rules to address EPAMDs. The Administrative
Rules provided regulations, in addition to those set forth in City Code, for the safe operation of
electric personal assistive mobility devices within the City and setforth various responsibilities fora)
persons and business entities providing rentals, leases, and/or tours of EPAMDs, and b) operators
of EPAMDS.
tn addition to City Code regulations contained in Chapter 70 and in the City's Administrative Rules,
Section 82-438 of the City Code prohibits wheeled conveyances on the wooden elevated
Boardwalk, between 24th and4Sth Streets, exceptwhen required bydisabled persons, strollers, oras
required by fire, police, ocean rescue, or other city employees and agents as may be authorized by
the City Manager.
Pursuant to Ordinance No. 2014-3862 passed and adopted by the City Commission on May 21,
2014, the regulations in Section 70-67 were amended to prohibit motorized means of transportation
in the following additional areas:
o Beachwalk between 1Sth and 23'd Streets
o Beachwalk between 64th and 79th Streets
o Beachwalk south of Sth Street
o Lummus Park Promenade (also known as the Lummus Park Serpentine Walkway) between
413
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
October 22,2014
Page 3 of 4
5th and 15th Streets
r Sidewalks on the east side of Ocean Drive between South Pointe Drive and 1Sth Street
. South Pointe Park cutwalk adjacent and parallel to Government Cut
. Marina Baywalk adjacent and parallel to Biscayne Bay and South of Sth Street
Attached herein is a map depicting the City's coastal pathways, both existing and planned, where
motorized means of transportation are prohibited by the City Code and by US Code provisions
applicable to federally funded segments of the Beachwalk.
On June 11,2014, Ordinance No. 2014-3881 was adopted that prohibited the operation of bicycles
on Lincoln Road between 9:00 am and 2:00 am. Ordinance 2014-3881also revised 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 byotherthan human power, such as motorized skateboards and skates, but
not those devices defined as a "vehicle" under state law. Those 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 and are enforced by the City's Police Department as
moving violations under Section 316.1995 of the Florida Statutes.
To address additional safety concerns and accidents already experienced in the City, Ordinance No.
2014-3883 was adopted on July 23, 2014 to further amend the provisions in Chapter 70 by
incorporating the Administrative Rules into the City Code and adding stricter penalties for insurance
violations for business entities providing rentals, leases, and/or tours of EPAMDS. These additional
provisions continued to address the safety concerns resulting from the accidents and collisions
between motorized means of transportation and pedestrians that have occurred on the City's
sidewalks, bicycles paths, and pedestrian ways. ln addition, events held during high impact periods
can increase pedestrian traffic by the thousands, and it is unsafe for any vehicle or motorized means
of transportation to operate on streets closed by the Police Department for such events as those
streets are then utilized by dense pedestrian traffic. Thus, a provision was added to prohibit
motorized means of transportation on any street or road closed to motor vehicular traffic by the
Police Department for events during high impact periods.
Atthe July23,2014CiW Commission meeting, during the second reading of Ordinance 2014-3883,
City Commission referred resident suggestions for further amendments to Chapter 70 to the
Neighborhood/Community Affairs Committee (NCAC) and to bring an Ordinance back to the City
Commission in October.
At the July 25, 2014 NCAC meeting, suggestions forfurtheramendments, proffered by residents in
attendance, were discussed. The NCAC passed a motion directing the Administration to reviewthe
residents'suggestions and bring a revised Ordinance back to NCAC in October.
Pursuant to the above direction, this proposed Ordinance is being presented to City Commission
and NCAC in October. The proposed Ordinance incorporates many of the resident and City staff
recommendations for further amendment and is recommended for adoption on first reading.
Based on staff's subsequent review, the proposed Ordinance sets forth various housekeeping,
as well as additional safety regulations, such as:
o Adding a definition of "high impact periods" in Sec. 70-66 because these periods, currently
defined and cross-referenced in Sec.46-92(gX1)(b), are being deleted from Sec.46-
9Z(gX1Xb) in another unrelated ordinance concerning commercial handbills. A
corresponding amendment is made in Sec. 70-67(9).
. Amending the definition of motorized means of transportation to exempt motorized devices
414
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
October 22,2014
Page 4 of 4
and wheelchairs when used by disabled persons, and making corresponding amendments
throughout Division 2.
. Amending Sec. 70-67 to add South Pointe Park Pier to the list of areas where motorized
means of transportation are prohibited, as well as making certain clarifying clean-up
amendments.o Making the responsibilities applicable to EPAMDS in Sec. 70-69 also applicable to other
motorized means of transportation and adding restrictions regarding EPAMD tours.
. Amending Sec. 70-70, regarding the responsibilities of persons and entities that rent
EPAMDs, to strengthen the licensing, certification, and insurance requirements;expand the
requirements regarding the providing of a combined release, hold harmless and
acknowledgments by renters; and adding regulations regarding tours and prohibiting towed
persons or objects.
. Amending Sec. 7O-71to provide minor housekeeping amendments.
RECOMMENDAT!ON
fn the interest of public safety and in response to public input received at the July 23,2014 City
Commission meeting, the Administration is recommending the additional safety regulations and
housekeeping amendments set forth in the Ordinance.
Atluchment: Mao of Prohibited Areas
#,#,^*,
T:\AGENDA\2014\October\Ordinance Prohibiting Motorized Means Of Transportation on Beachwalk MEMO October222014.docx
415
Attachment
ffiixW
Path: M:\$CMB\GlS\Projects\14_SegwayProhibitedAreas\ArcMap\Segway (revised).mxd416
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE GODE
OF THE CITY OF MIAMI BEACH, ENTITLED "MISCELLANEOUS
OFFENSES," BY AMENDING ARTICLE II, ENTITLED "PUBLIC PLACES,"
BY AMEND!NG DIVISION 2, ENTITLED "BICYCLING, SKATEBOARDING,
ROLLER SKATING, IN.LINE SKATING, AND MOTORIZED MEANS OF
TRANSPORTATION," BY AMEND!NG SECTION 70.66, ENTITLED..DEFINITIONS" TO INCORPORATE THE EXEMPTION FOR MOTORIZED
WHEELCHAIRS AND SIMILAR DEVICES USED BY DISABLED PERSONSINTO THE DEFINITION OF "MOTORIZED MEANS OF
TRANSPORTATION," MAKING CORRESPONDING AMENDMENTS
THROUGHOUT DIVISION 2, AND ADDING A DEFINITION FOR HIGH
IMPACT PERIODS; BY AMENDING SECTION 70-67, ENTITLED..PROHIBITED ACTIVITIES,'' TO AMEND THE LOCATIONS WHERE
MOTORIZED MEANS OF TRANSPORTATION ARE PROHIBITED; BY
AMENDING SECTION 70.69, ENTITLED "RESPONS!BILITIES OF
BICYCLISTS, SKATERS, AND PERSONS OPERATING ELECTRIG
PERSONAL ASSISTIVE MOBILITY DEVICES,'' BY AMENDING THE
RESPONSIBILITIES SET FORTH THEREIN AND TO INCLUDE PERSONS
OPERATING MOTORIZED MEANS OF TRANSPORTATION; BY
AMENDING SECTION 70-70, ENTITLED "RESPONSIBILITIES OF
PERSONS AND BUSINESS ENTITIES PROVIDING RENTALS, LEASES,
AND/OR TOURS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY
DEV!CES,'' BY AMENDING THE RESPONSIBILITIES SET FORTH
THEREIN; AND BY AMENDING SECTION 70-71, ENTITLED
"ENFORCEMENT; PENALTIES," TO PROVIDE HOUSEKEEPING
AMENDMENTS; PROVIDING FOR REPEALER, SEVERAB!LITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach seek to
encourage the safe use of sidewalks and bicycle paths in the City; and to facilitate and balance
the health, safety, and welfare interests of bicyclists and pedestrians, utilizing bicycle paths,
sidewalks, and sidewalk areas in the City; and
WHEREAS, the City of Miami Beach is an international tourist destination that attracts
visitors from around the world year round which thereby significantly increases the use and
congestion of the City's bike paths, sidewalks, and pedestrian ways; and
WHEREAS, Section 316.2068(5) of the Florida Statutes was amended, effective July 1,
2012, to provide that a "municipality may regulate the operation of electric personal assistive
mobility devices on any road, street, sidewalk, or bicycle path under its jurisdiction if the
governing body of the...municipality determines that regulation is necessary in the interest of
safety"; and
WHEREAS, Section 316.008 of the Florida Statutes authorizes local governments to,
among other things, regulate traffic by means of police officers, restrict the use of streets,
prohibit or regulate the use of heavily traveled streets by any class or kind of traffic found to be
incompatible with the normal and safe movement of traffic, and regulate persons upon skates,
417
coasters, and other toy vehicles; and
WHEREAS, due to the safety concerns and injuries already experienced on sidewalks
and bike paths in the City, the Mayor and City Commission has previously determined that it is
in the interest of public safety that electric personal assistive mobility devices, and other
motorized means of transportation, be regulated as provided in Division 2 of Article ll of Chapter
70 and Article lof Chapter 106 of the City Code and, in furtherance thereof, passed and
adopted the provisions in Ordinances Nos. 2012-3780,2014-3862, and 2014-3881; and
WHEREAS, pursuant to Resolution No. 2012-28041, Administrative Rules regulating
businesses that lease, rent, or provide tours for electric personal assistive mobility devices, and
the persons that operate such devices, were adopted by the City Commission in the interest of
safety; and
WHEREAS, the regulations set forth in the Administrative Rules were subsequently
incorporated into the City Code pursuant to the adoption of Ordinance No. 2014-3883 in the
interest of safety, along with other additional regulations concerning electric personal assistive
mobility devices, and the enforcement, penalty, and appeal provisions relative to violations of
such regulations; and
WHEREAS, the Mayor and City Commission have determined that further clarifying and
housekeeping amendments, as well as additional regulations for the safe operation of electric
personal assistive mobility devices, and for the safe operation of other motorized means of
transportation, as such terms are defined in the City Code, should be adopted as set forth
herein in the interest of public safety.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, THAT CHAPTER 70, ARTICLE II OF THE CODE
OF THE CITY OF MIAMI BEACH IS AMENDED AS FOLLOWS:
SECTION 1. That Division 2 of Article ll of Chapter 70 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE ll. Public Places
DIVISION 2. Bicycling, Skateboarding, Roller Skating, !n-Line Skating,
and Motorized Means of Transportation
Sec. 70-66. Definitions.
The following definitions are applicable to this division:
Bicycle means every vehicle propelled solely by human power, having two
tandem wheels, and including any device generally recognized as a bicycle though
equipped with two front or two rear wheels. The term does not include such a vehicle
with a seat height of no more than 25 inches from the ground when the seat is adjusted
418
to its highest position or a scooter or similar device. The term does not include non-
motorized vehicles for hire as defined in section 106-463 of the City Code.
Bicycle path means any road, path or way that is open to bicycle travel which
road, path, or way is physically separated from motorized vehicular traffic by an open
space or by a barrier and is located either within the highway right-of-way or within an
independent right-of-way, and as defined and authorized by state law and the City Code,
and includes the city's coastal pathways, beachwalk, baywalk, and cutwalk that are
within the Atlantic Greenway Network as set forth in appendix A.
Electric personal assisfive mobility device means any self-balancing, two non-
tandem wheeled device, designed to transport only one person, with an electric
propulsion system, and includes the definition set forth in Section 316.003(83) Fla. Stat.,
as may be amended.
Grinding means the process by which a skater or skateboarder attaches to a
curb or rail and slides along the edge of the curb or rail.
Hioh impacf periods means those periods of time as annuallv desiqnated bv the
citv manaqer durinq which one or more of the followinq occur:
O There is a desiqnated maior event oeriod:
CI A maintenance of traffic plan is required (e.q.. includino. but not limited to.
street closures. lane closures. shuttle service):
[]l) Hotel occupancv levels are anticipated to be qreater than 75 percent:
(!y) Mutual aid or other assistance from outside aqencies is required to provide
for the safetv and well-beinq of residents and visitors to the destinations: or
(y) An event on public oropertv is anticipated to result in more than 25.000
visitors to the destination.
Launching means using any angled or elevated surface which the skater,
skateboarder, or cyclist can jump from in order to get airborne.
Motorized means of transportafion means any devices or means of transportation
which are propelled other than solely by human power and includes, but is not limited to,
electric personal assistive mobility devices, motorized skateboards, motorized skates,
and any other motorized device not defined as a vehicle in Section 316.003, Fla. Stat.,
as may be amended: but shall not include motorized devices and wheelchairs when
used bv disabled persons.
Rail sliding means ta-preeessl an activitv similar to curb or edge grinding.
Handrails are often used for rail sliding, in which the skater jumps to the top of the rail
and slides down the decline.
419
Stalling means the process by which a skater or skateboarder attaches to a curb
or edge in the space between the second and third wheel of the in-line skate or any part
of the skateboard.
Sec. 70-67. Prohibited activities.
(a)It shall be unlavrrful for any person to engage in skateboarding. roller skatino. and in-
line skatinq at any time, to operate any motorized means of transportation at any
time,
persenq or to engage in bicycling between 9:00 a.m. and 2:00 a.m., in, on, or upon
any portion of Lincoln Road Mall lying west of the westerly line of Washington
Avenue to the easterly line of Alton Road.
It shall be unlaMul for any person to engage in bicycling, roller skating, in-line
skating, or skateboarding, in, on, or upon any portion of the sidewalk on the west
side of Ocean Drive between South Pointe Drive and 15th Street at any time.
It shall be unlaMul to operate, at any time, any motorized means of transportation,
disabl€d-pe+senq in, on, or upon any portion of:
qj) the Beachwalk between 1Sth and 23'd Streets, between
64th and 79th Streets, Ssouth of sth Street g!d_gn_a!y
additional seoments of the Beachwalk that mav be
constructed in the future:
b(!) the Lummus Park Promenade (also known as the
Lummus Park Serpentine Walkway) between Sth and 1Sth
Streets;
e(3) the sidewalks on the east and west sides of Ocean Drive
between South Pointe Drive and 1Sth Street;
d({) the South Pointe Park Cutwalk adjacent and parallel to
Government Cut;
e(l) the Marina Baywalk adjacent and parallel to Biscayne
Bay and south of Sth Stree[
(6) the interior pathwavs within South Pointe Park and Collins
Park: and
(7) the South Pointe Park Pier.
It shall be unlaMul to operate any motorized means of transportation, in, on, or upon
any sidewalk or sidewalk areas in the city, except for (a) wheelchairs or other
motorized means of transportation when used by disabled persons and (b) electric
personal assistive mobility deVices, where othenruise not prohibited, which shall be
restricted to a maximum speed of eight miles per hour.
(b)
(c)
(d)
420
(e) lt shall be unlaMul to operate an electric personal assistive mobility device on any
bicycle path in the city, where othenruise not prohibited, at a speed greater than eight
miles per hour.
(0 lt shall be unlaMul to grind, rail slide, launch, e+ stall or to engaqe in anv other such
tvpe of activitv on the a skateboard, in-line skates, or roller skates er+e-ensage-H1
whichresultsinthedamageofpublicorprivate
property.
(g) lt shall be unlawful te eperate an eleetrie persenal assistive rnebility deviee en interier
pathways within Seuth Peinte Park and Cellins Park.
It shall be unlawful to operate any motorized device defined as a vehicle in section
316.003,Fla.Stat.andanymotorizedmeanSoftransportation@
wheelehairs when used by disabled persens' on any street or road that is closed to
motor vehicle traffic by the Police Department for events during high impact periods,
ien
l6 e2(gX1Xb).
(h) All of the prohibitions in this section shall applv to the areas identified
notwithstandinq anv chanqe in the name of the street. rioht-of-wav. or facilitv.
Sec.70-68. Exemptions.
Police department and code compliance department bicycle, in-line skate, and electric
personal assistive mobility device patrol units, vehicles, and motorized means of transportation;
city service and transit vehicles; city-contracted security and maintenance service vehicles;
service vehicles authorized by the city for use by city lessees, concessionaires, or other city
contractors operating pursuant to any agreement with the city; and a person dismounted from
and walking a bicycle, shall be exempt from the restrictions of this division.
Sec. 70-69. Responsibilities of bicyclists, skaters, and persons operating eleetrie
iees motorized means of transportation.
(a) lt shall be unlawful for any person to engage in bicycling, skateboarding, in-line
skating, roller skating, or operating a
motorized means of transportation in the following area+-exeepl{er-eleetrie
set{e*hin{a{fl:
(1) On the grounds of any public facility including, but not
limited to, city hall, municipal parking garages, city police
and fire stations, city public works yards, and historically
designated Citv properties=: ang!
(2) On any public walls, ramps, fountains, or other fixtures or
structures.
(b) Bicycles shall not be chained or othenrvise secured to any tree, fixture, or object
which is not a bicycle rack on any portion of Lincoln Road or Ocean Drive.
421
Whenever any person is riding a bicycle, skateboarding, in-line skating, roller
skating, or operating a motorized
means of transportation where otherwise not prohibited, such person shattl
CI shall engage in such activity at a safe speed which does
not endanger the safety of pedestrians or othersr;
Q shall not obstruct or endanger pedestrian or vehicular
traffic,;
CI shall yield the right-of-way to any pedestrian, and shall give
an audible signal before overtaking and passing such
pedestrian;
@ shall not enqaqe in such activitv with a trailer or anv other
passenoer or towed obiect or person except for the lawful
use of a child seat on a bicvcle: and
CI shall onlv travel in sinole file when ooeratinq an electric
personal assistive mobilitv device durinq a tour.
Whenever a person is operating ,e a
motorized means of transportation such person:
(1) Shall immediately report any accident with a pedestrian or other person to
the Miami Beach Police Department and Miami Beach Fire Rescue. ln
addition, the operator must:
(a) remain on the scene until a police officer arrives;
(b) identify himself/herself to the victim and to the police officer; and
(c) provide to the victim and to the police officer the name of the person or
business that leased or rented the device-.: angl
(2) Shall not operate the eleetrie persenal assistive mebility deviee the
motorized means of transportation between sunset and sunrise or during
inclement weather.
Whenever a person is operating q
motorized means of transportation, such person shall comply with all applicable
federal, state, and county regulations, administratienve rules, and laws, and all
applicable administrative rules established by the city.
Sec. 70-70. Responsibilities of persons and business entities providing rentals, leases,
and/or tours of electric persona! assistive mobility devices.
Any person or business entity that rents, leases, andior provides tours for electric
personal assistive mobility devices shall:
(c)
(d)
(e)
422
(a) Obtain a business tax receipt from the City pursuant to chapter 102 of the City
Code A business tax receipt shall not be issued unless the Citv is furnished with
documentarv evidence that said person or business entitv is currentlv in
compliance with:
CI the insurance requirements in Sec.70-70(b):
@ the soeed certification requirements of Sec. 70-70(c): and
CI the insurance requirements in Sec. 70-70(d).
(b) Previde Maintain a minimum of $1,000,000.00 in commercial general liability
insurance coverage, including bodily injury and property damage, from an
insurance company that is Best Guide rated B+ Vl or better, that includes
medical payment coverage no less than $5,000 for any injured persons, and that
includes the City of Miami Beach as an additional named insured, a waiver of
subrogation clause, and shall specifically cover third party damages resulting
from the ownership, maintenance, and/or use of the electric personal assistive
mobility devices, however caused, and shall not have a clause excluding losses
resulting therefrom. A certificate of insurance shall be furnished to the Citv which
evidences that said coveraqe is currentlv in effect. Not later than ten business
davs before the expiration of the coveraqe period reflected in each Certificate of
lnsurance. the person or business entitv shall furnish to the Citv a renewal
Certificate of lnsurance, evidencinq said coveraoe for a renewal period of not
less than one vear. lf. at anv time. the person or business entitv receives verbal
or written notification of the possibilitv or fact of the cancellation of such
coveraoe. said person or business entitv shall immediatelv advise the Citv in
writino of such notification:
(c) Provide an annual certificate from an authorized electric personal assistive
mobility device dealer, dated and executed bv the dealer's authorized
representative verifying that on a date not more than thirty (30) davs before the
date of the certificate, the dealer inspected each device made available frem for
rent, lease, or tour has been set to a maximum speed of eight mph;
(d) Obtain a combined release of liability, hold harmless agreement, and an
acknowledqement of receipt of the summarv of Sections 70-66 throuqh 70-71 of
the Citv Code. the mao of prohibited areas, the trainino provided. and the offer of
a helmet as required bv Sec. 70-70(o) and Sec. 70-70(h). all as acceptable to the
city attorney, signed by all renters of electric personal assistive mobility devicesl
The combined siqned documents shall be made available for inspection by the
city at any time during business hours. lf the renter is under the aqe of 18. his or
her parent or leqal quardian must sign the combined release. and hold harmless
aoreement, and acknowledqements:
(ixe) Provide a{l each renters of electric personal assistive mobility devices with a City
approved summarv of Sections 70-66 throuqh 70-71 eepy ffi
il++-enap+er-+g of the City Code and the City's map of prohibited areas of
operation, the reeeipt ef whieh shall be aeknewledged in writing b" the renter;
end
0X0 Pest Display a copy of Division 2 of Article ll of Chapter 70 of the City Code, and
423
a copy of the City's map of prohibited areas of operation, in a conspicuous place
at the location where the electric personal assistive mobility devices are leased
or rented.;
(nX$ Securelv-Aaffix the name, street address. and telephone number of the person or
business entity that rents/leases and/or provides tours, as well as a unique
device lD number, all of which shall be in lettering and numbers at least 4" in
height, on the front and back of each electric personal assistive mobility device
that is leased or rented,: angl
(h) Provide training as to the safe operation of electric personal assistive mobility
devices to all lessees or renters of the devices. The person or business entity
must maintain written proof, signed by the lessee or renter, that establishes the
training provided for the safe operation of the electric personal assistive mobility
device,;
(eX+) Lease, rent, or use electric personal assistive mobility devicesl
CI only for tours enly;
@ tours shall onlv be conducted between sunrise and sunset and not during
inclement weather-;
(Q tours shall be limited to eioht (8) tour customers and one (1) emolovee
tour leader: and
([) the tour leader must accompanv each tour and shall be experienced in
the safe use and operation of electric personal assistive mobilitv devices:
(g)$ Lease, rent or provide tours on electric personal assistive mobility devices only topersons that weigh 100 or more pounds and all
persons under the aqe of 16 on a tour must wear a bicvcle helmet in accordance
with F.S. $316.2068. as mav be amended,i
(k) Not lease, rent or provide tours on electric personal assistive mobility devices
that:
CI are, or are suspected to be, unsafe for use-.;
@ not set to a maximum speed of 8 mph: and/or
(Q have a trailer or anv other passenqers. or towed obiects or personsi
(l) Not lease, rent or provide tours to persons who;
CI are believed to be intoxicatedr or under the influence of
anv druq or substance that impairs the operator's abilitv to
operate the electrical personal assistive mobilitv device:
424
{A act with reckless disregard or indifference to the safety of
others, and/or
(Q are incompetent to operate an electric personal assistive
mobility device,;
Promptly report any accidents regarding involvino leased or rented electric
personal assistive mobility devices to the Miami Beach Police Department and
Miami Beach Fire Rescue,;
Comply with all administrative rules that may be established by the city regarding
rentals, leases, tours, and the safe operation of electric personal assistive
mobility devices.
Sec. 70-71. Enforcement; penalties.
(a)A violation of the provisions in sections 70-67 and 70-69(a)-(c) by persons
operating electric personal assistive mobility devices or engaged in bicycling,
skateboarding, in-line skating, roller skating, or operating any motorized means
of transportation, shall be enforced by a police officer and shall be deemed a
noncriminal infraction as defined in F.S. S 318.13(3) and shall be subject to the
penalties set forth in F.S. $ 316.655. as may be amended.
A violation of the provisions in sections 70-69(d)-(e) and 70-70 shall be enforced
in accordance with the following procedures and penalties:
(1) lf a code compliance officer finds a violation, the compliance officer shall
issue a notice of violation to the violator as provided in chapter 30. The notice
shall inform the violator of the nature of the violation, amount of fine for which
the violator may be liable, instructions and due date for paying the fine, notice
that the violation may be appealed by requesting an administrative hearing
within ten (10) days afterservice of the notice of violation, and thatfailure to
do so shall constitute an admission of the violation and waiver of the right to a
hearing.
(2) A violator who has been served with a notice of violation shall elect either
to:
a. Pay the civil fine as follows for violations of sections 70-69(d)-(e):(i) Firstoffense..........$100.00;(ii) Second offense .....$250.00;(iii) Thirdoffenr".........$500.00;(iv) Fourth and subsequent offenses .....$1,000.00;
b. Pay the civil fine as follows for violations of sections 70-70(a) and
(cXnXs):(i) Firstoffense .........$250.00;(ii) Second offense .....$500.00;(iii) Thirdoffense......$1,000.00;
(m)
(g}n)
(b)
425
(3)
(iv) Fourth and subsequent offenses .....$2,000.00;
c. Pay the civil fine as follow for violations of Section 70-70(b):(i) First offense .........$1,000.00;(ii) Secondoffense.....$2,500.00;(iii) Third and subsequent offenses .....$5,000.00; or
d. Request an administrative hearing within ten 10 days before a
special master appointed as provided in article ll of chapter 30 to appeal
the decision of the code compliance officer which resulted in the issuance
of the notice of violation. lf the offense is a violation of section 70-70(b),
the operation of the business must cease until the required insurance is
obtained.
lf the offense is a fourth or subsequent offense of section 70-69(d)-(e) or
70-70(a) or (c)-(n), it shall also be considered an habitual offender offense
and, in addition to the penalty set forth in subsections 70-71(bX2)a.(iv)
and 70-71(bX2)b.(iv); the city manager may issue an administrative
complaint for the suspension or revocation of a business tax receipt and
certificate of use as provided in sections 102-383 through 102-385.
lf the named violator, after notice, fails to pay the civil fine or fails to timely
request an administrative hearing before a special master, the special
master shall be informed of such failure by report from the code
compliance officer. Failure of the named violator to appeal the decisions
of the code compliance officer within the prescribed time period shall
constitute a waiver of the violator's right to administrative hearing before
the special master. A waiver of the right or an administrative hearing shall
be treated as an admission of the violation and penalties may be
assessed accordingly. The special master shall be prohibited from
hearing the merits of the notice of violation or consideration of the
timeliness of the request for an administrative hearing if the violator has
failed to request an administrative hearing within ten (10) days of the
issuance of the notice of violation.
Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
The city may institute proceedings in a court of competent jurisdiction to
compel payment of civil fines.
A certified copy of an order imposing a civil fine may be recorded in the
public records and thereafter shall constitute a lien upon any other real or
personal property owned by the violator and it may be enforced in the
same manner as a court judgment by the sheriffs of this state, including
levy against the personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After two months from the
filing of any such lien which remains unpaid, the city may foreclose or
othenrvise execute upon the lien.
(4)
(5)
(6)
(7)
r0
426
(Q The procedures for appeal of the notice of violation by administrative
hearing shall be as set forth in sections 30-72 and 30-73.
SECTION 2. REPEALER.
That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of
the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be
changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of 2014.
(€)
PASSED AND ADOPTED this _ day of
ATTEST:
Rafael E. Granado, City Clerk
Underline denotes additions
S+ike$+eughs d e notes deletion s
(Sponsored by Commissioner Jonah Wolfson)
APPROVED AS TO
rONM & LANGUAGE
& FOR EXECUJIoN
l/,).-, 1o(4(,f
ru T0L?
2014.
Philip Levine, Mayor
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427
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COMMISSION ITEM SUMMARY
Gondensed Title:
An Ordinance Amending Ordinance No. 93-2836 Of The City Of Miami Beach, Regarding The Establishment Of A T
Fund For The "City Center/Historic Convention Village Redevelopment And Revitalization Area," By Amending Section
Thereof To Extend The Period Of Fundinq The Trust Fund: Providino For Severabilitv. And An Effective Date.
Intended Outcome rted:
Expeditiously Upgrade The Convention Center To Be Smart, Modern, Energy Efficient And Which Fits Local Context,
lncludino Walkabilitv
Supporting Data (Surveys, Environmental Scan, etc.): The 2014 Community Satisfaction Survey reported that over half
of businesses (56%) claimed that the Miami Beach Convention Center added to the success of their business. Six in ten
businesses (61%) support improvements of at least $300 million for the Miami Beach Convention Center.
Item S ummary/Recommendation :
On January 26, 1993, Miami-Dade County (the "County") adopted Resolution No. R-14-93, which among other things (i)
found the "City Center Redevelopment Area" or "Redevelopment Area" to be a "blighted area" within the meaning of Part lll
of Chapter 163, Florida Statutes, and (ii) delegated to the City of Miami Beach, pursuant to Section 163.410, Florida
Statutes, certain powers conferred upon the County Commission as the governing body of Dade County by Part lll of
Chapter 163, Florida Statutes, with regard to the Redevelopment Area, so that the City Commission, either directly or
through its duly designated community redevelopment agency, could exercise such powers.
On February 3, 1993, the City adopted Resolution No. 93-20709, which established a community redevelopment agency
(the "Miami Beach Redevelopment Agency" or the "Agency"), and declared the members of the City Commission as the
membersoftheAgency. Subsequently,onFebruaryl2, l993,theCityadoptedResolutionNo.93-20721,whichadopted
the Agency's City Center/Historic Convention Village Redevelopment and Revitalization Area plan (the "Plan") for the
redevelopment and revitalization of the Redevelopment Area. On Febru ary 24, 1993, the City enacted Ordinance 93-2836,
which created a City Center/Historic Convention Village Redevelopment and Revitalization Trust Fund (the "Fund" or "Trust
Fund") and provided a funding mechanism for implementing the Plan. The County, on March 30, 1993, adopted Resolution
No. R-317-93, which among otherthings (i) adopted the Plan, and (ii) approved the lnterlocal Cooperation Agreement,
between the County and the City, dated and executed on November 16, 1993 (as amended, the "CRA lnterlocal
Agreement"). The County then enacted
The City's proposed Convention Center Renovation and Expansion Project (the "Project") is estimated to cost a total of
$582 million of which approximately $275 million will be funded from the RDA to fund a portion of such Project. ln addition,
approximately $36 million for ancillary Redevelopment Area capital projects, which are part of the existing Plan, as well as
all costs of issuance and debt service reserves associated with the 2015 Bonds (as herein after defined) and refunding of
the existing bonds are all anticipated to be part of the Project financing. The Agency intends to incur debt in an amount not
to exceed $430,000,000.00 (the "2015 Bonds") secured by tax increment revenues of the Agency.
On or around June 2014, the County and City Administrations commenced negotiations and terms of a Memorandum of
lntent (the'MOl'). On June 22,2014, the City Commission, approved Resolution No.2014-28644, which approved a
Memorandum of lntent (the "MOl"), memorializing the aforementioned terms. The County Mayor has committed to promote
and recommend the terms of the MOl, which will be incorporated into final documents-including the aforestated Plan
amendment; the proposed (third) amendment to the CRA lnterlocal Agreement; and an amended and restated CDT
lnterlocal Agreement-which will be presented to the City Commission at the October 29,2014 meeting.
The first step in the process requires the City Commission to amend Ordinance No. 93-2836 as required as a condition to
the issuance of the 2015 Bonds.
Adviso
Source of Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary:
Financia! !nformation :
RsA4E MIAMIBEACH 429
g MIAMI BEACH
City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
CITY COMMISSION MEMORANDUM
To: Chairperson and Members of the
FRoM: Jimmy L. Morales, City Manager
DATE: October 22,2014
i Beach Agency
SUB]ECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 93.2836 OF THE CITY
OF MIAMI BEACH, REGARDING THE ESTABLISHMENT OF A TRUST FUND
FOR THE "CITY CENTER/HISTORIC CONVENTION VILLAGE
REDEVELOPMENT AND REVITALIZATION AREA," BY AMENDING SECTION 4
THEREOF TO EXTEND THE PERIOD OF FUNDING THE TRUST FUND;
PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
BACKGROUND
On January 26, 1993, Miami-Dade County (the "County") adopted Resolution No. R-14-93, which
among otherthings (i) found the area in the City of Miami Beach (the "City") bounded on the East by
the Atlantic Ocean, on the North by 24th Street, on the West by West Avenue, and on the South by
14th Lane (the "City Center Redevelopment Area" or "Redevelopment Area") to be a "blighted area"
within the meaning of Part lll of Chapter 163, Florida Statutes, and (ii) delegated to the City of Miami
Beach, pursuant to Section 163.410, Florida Statutes, certain powers conferred upon the County
Commission as the governing body of Dade County by Part lll of Chapter 163, Florida Statutes, with
regard to the Redevelopment Area, so that the City Commission, either directly or through its duly
designated community redevelopment agency, could exercise such powers.
On February 3, 1993, the City adopted Resolution No. 93-20709, which established a community
redevelopment agency (the "Miami Beach Redevelopment Agency" or the "Agency"), and declared
the members of the City Commission as the members of the Agency. Subsequently, on February
12, 1993, the City adopted Resolution No.93-20721, which adopted the Agency's City
Center/Historic Convention Village Redevelopment and Revitalization Area plan (the "Plan") forthe
redevelopment and revitalization of the Redevelopment Area.
On February 24,1993, the City enacted Ordinance 93-2836, which created a City Center/Historic
Convention Village Redevelopment and Revitalization Trust Fund (the "Fund" or "Trust Fund") and
provided a funding mechanism for implementing the Plan. The County, on March 30, 1993, adopted
Resolution No. R-317-93, which among otherthings (i) adopted the Plan, and (ii) approved the
lnterlocal Cooperation Agreement, between the County and the City, dated and executed on
November 16, 1993 (as amended, the'CRA lnterlocalAgreement"). The County then enacted
430
City Commission Meeting
Trust Fund Ordinance Amendment, No. 93-2836
First Reading
October 22, 2014
Page 2 of 2
The City's proposed Convention Center Renovation and Expansion Project (the "Project") is
estimated to cost a total of $582 million of which approximately $275 million will be funded from the
RDA to fund a portion of such Project. ln addition, approximately $36 million for ancillary
Redevelopment Area capital projects, which are part of the existing Plan, as well as all costs of
issuance and debt service reserves associated with the 2015 Bonds (as herein after defined) and
refunding of the existing bonds are all anticipated to be part of the Project financing. The Agency
intends to incur debt in an amount not to exceed $430,000,000.00 (the "2015 Bonds") secured by
tax increment revenues of the Agency.
On or around June 2014, the County and City Administrations commenced negotiations and
conceptually (in pertinent part) agreed to:
(i) amend the Plan to incorporate (1) the Miami Beach Convention Center
Renovation and Expansion Project, including all necessary improvementsto
and expansion of the Convention Center and surrounding area (the
"Project"); (2) the financing of the Project, including the funding of operating
and maintenance costs thereof; and (3) extend the time certain for
completing all redevelopment projects financed by increment revenues and
retiring all outstanding indebtedness to a date no laterthan March 31,2044;
and(ii) amend the lnterlocal Agreement to, among other things, memorialize the
aforestated terms, including extending the life of the RedevelopmentArea to
March 31,2044; and(iii) approve and permit the Agency to issue Redevelopment Area bonds for the
purpose of funding a portion of the Project, as well as, previously approved
and authorized ancillary Redevelopment Area capital projects; and(iv) provide for an ongoing adequate operating and maintenance subsidy forthe
Miami Beach Convention Center, in addition to the existing $4.5 million per
year that the City currently receives from the Two-Thirds Portion of the
Convention Development Tax (CDT).
On June 22,2014, the City Commission, approved Resolution No. 2014-28644, which approved a
Memorandum of lntent (the "MOl"), memorializing the aforementioned terms. The County Mayor has
committed to promote and recommend the terms of the MOl, which will be incorporated into final
documents-including the aforestated Plan amendment; the proposed (third) amendment to the
CRA lnterlocalAgreement; and an amended and restated CDT lnterlocalAgreement-which will be
presented to the City Commission at the October 29,2014 meeting.
The first step in the process requires the City Commission to amend Ordinance No. 93-2836 as
required as a condition to the issuance of the 2015 Bonds.
CONCLUSION
The Administration recommends approving the ordinance amendments on first reading. The
;"r&r_
g and Public Hearing is scheduled for October 29,2014 at 5:30 P.M.
T:\AGENDA\2014\October\TCED\Trust Fund Ordinance Amendment No. 93-2836 memo.doc
431
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 93.
2836 OF THE CITY OF MIAMI BEACH, REGARDING THE
ESTABLISHMENT OF A TRUST FUND FOR THE "CITY
CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND
REVITALIZATION AREA," BY AMENDING SECTION 4 THEREOF TO
EXTEND THE PERIOD OF FUNDING THE TRUST FUND; PROVIDING
FOR REPEALER, SEVERABILITY, AND AN EFFEGTIVE DATE.
WHEREAS, on January 26, 1993, Miami-Dade County, Florida (the "County")
adopted Resolution No. R-14-93, which among otherthings (i) found the area in the City of
Miami Beach (the "City") bounded on the East by the Atlantic Ocean, on the North by 24th
Street, on the West by West Avenue, and on the South by 14th Lane (the "Redevelopment
Area") to be a "blighted area" within the meaning of Part lll of Chapter 163, Florida
Statutes, and (ii) delegated to the City of Miami Beach, pursuant to Section 163.410,
Florida Statutes, certain powers conferred upon the County Commission as the governing
body of Dade County by Part Ill of Chapter 163, Florida Statutes, with regard to the
Redevelopment Area, so that the City Commission, either directly or through its duly
designated community redevelopment agency, may proceed to exercise such powers; and
WHEREAS, on February 3, 1993, the City adopted Resolution No. 93-20709, which
established a community redevelopment agency (the "Miami Beach Redevelopment
Agency" or the "Agency"), and declared the members of the City Commission as the
members of the Agency; and
WHEREAS, on February 12, 1993, the City adopted Resolution No. 93-20721,
which adopted the Agency's City Center/Historic Convention Village Redevelopment and
432
Revitalization Area plan (the "Plan") for the redevelopment and revitalization of the
Redevelopment Area; and
WHEREAS, on February 24, 1993, the City enacted Ordinance 93-2836, which
created a City Center/Historic Convention Village Redevelopment and Revitalization Trust
Fund (the "Fund" or "Trust Fund") and provided a funding mechanism for implementing the
Plan;
WHEREAS, on March 30, 1993, the County adopted Resolution No. R-317-93,
which among otherthings (i) adopted the Plan, and (ii) approved the InterlocalCooperation
Agreement, between the County and the City, dated and executed on November 16, 1993;
and
WHEREAS, on 4pri127,1993, the County enacted Ordinance No. 93-28, which
established the Trust Fund and provided a funding mechanism for implementing the Plan;
and
WHEREAS, the City and the Agency have prepared an amendment to the Plan (the
"Plan Amendment"), to incorporate (1) the Miami Beach Convention Center Renovation
and Expansion Project, including all necessary improvements to and expansion of the
Convention Center and surrounding area (the "Project"); (2) the financing of the Project,
including the funding of operating and maintenance costs thereof; and (3) extend the time
certain for completing all redevelopment projects financed by increment revenues and
retiring all outstanding indebtedness to a date no later than March 31,2044; and
WHEREAS, the Agency intends to incur debt, in an amount not to exceed
$430,000,000.00 (the "201 5 Bonds"), secured by tax increment revenues of the Agency to,
among other purposes, fund a portion of the Project; and
433
WHEREAS, it is necessarythatthe City Commission amend Ordinance No. 93-2836
as required as a condition to the issuance of the 2015 Bonds;
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. AMENDMENT TO SECTION 4 OF ORDINANCE NO. 93.2836
A. That Section 4 of Ordinance No. 93-2836 of the Miami Beach City Code is
hereby amended as follows:
Section 4. Except for the purpose of funding the Fund pursuant to Section 5 of
this ordinance, upon the adoption of this ordinance as herein provided, each Taxing
Authority shall, by January 1 of each year, appropriate to the Fund for so long as any
indebtedness pledging increment revenues to the payment thereof is outstanding (but not
later than March 31, 2044@) a sum which is no less than the increment
as defined and determined in subsection (1) of Section 163.387, Florida Statutes (as in
effect on the effective date of this ordinance), accruing to such Taxing Authority. lf the
Plan is amended or modified pursuant to Section 163.361(1), Florida Statutes, each such
Taxing Authority shall make such annual appropriation for a period not to exceed 30 years
after the date the Plan is amended. Ne TaxingAutherity; ineluding the Gity ef Miami Beaeh,
is exempt fremthe previsiens ef this Seetien 4,The Children's Trust shall become exempt
commencinq on the earlier of (i) the date the Aqencv's bonds outstandino as of November
1. 2014 are no lonqer outstandinq, or (ii) March 31, 2023.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. EFFECTIVE DATE
This Ordinance shalltake effect on the day of 2014.
434
PASSED AND ADOPTED this _ day of ,2014.
MAYOR
ATTEST:
CITY CLERK
F:\ATTO\PMR\RDA lnterlocals\Amendment to City Trust Fund Ordinance No 93 2836 v3.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTIONML-, ''1 'tk
-City
Attomey Date
435
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R7
RESOLUTIONS
437
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Pursuant To Section 142-452(D) Of The City Code, Waiving By 5/7'n Vote Of The City
Commission After Public Hearing, The Development Regulations Under Section 64(4) To Allow For Alcohol
Sales For Consumption On Site For O Cinema At The Byron Carlyle Theater And At The Miami Beach
ci Theater; Two Not-For-Profit, Cultural Orqanizations Utilizinq The Theaters.
Maximize Miami Beach as a Brand Destination and lmprove Alliance with Key Business Sectors, Namely
Hospitality, Arts and lnternational Business with a Focus on Enhanced Culture. Entertainment and Tourism.
Supporting Data (Surveys, Environmental Scan, etc.) N/A
Item Summary/Recommendation :
PUBLIC HEARING
The City Commission on March 5,2014 referred this item to the Neighborhoods Committee for discussion and
policy direction. The Neighborhoods Committee met on March 28, 2014, and voted to forward the item to the
City Commission with changes to the ordinance providing for segregated areas where minors would not be
permitted, and alcohol would be sold and consumed. The ordinance was subsequently modified to restrict
alcohol consumption in areas and auditoriums where no minors would be permitted.
On May 21,2014, Ordinance No.2014-3861 was adopted, which amended City Code Chapter6 regarding the
permitting of alcoholic beverage sales in movie theaters. The City Code now allows for such sales at the
movie theater on Lincoln Road, and other theaters that meet the minimum criteria of (i) 15,000 sq. ft., (ii) 300
permanent auditorium seats, and (iii) located in Commercial High lntensity Districts (CD-3). Although the City
Code was amended as described above, on-premises sale and consumption of alcoholic beverages is not
permitted at the Miami Beach Cinematheque and, if the City Commission approves the proposed management
agreement with O Cinema, would not be permitted at the Byron Carlyle Theater.
Both locations are zoned Government Use (GU) and, as per Section 142425(d) of the City Code, the City
Commission may wave by five sevenths vote, following a public hearing, development regulations "pertaining
to governmental owned or leased buildings, uses and sites which are wholly used by, open and accessible to
the general public, or used by not-for-profit, educational, or cultural organizations, or for convention center
hotels, or convention center hotel accessory garages, or city utilized parking lots, provided they are continually
used for such purposes."
The City's Land Development Regulations (LDR), specifically Section 142-425(d), provides the City
Commission with the ability to waiver, but 5/7'n vote, and following review by the Planning Board, and a public
hearing before the City Commission, the City's development regulations on governmentally owned or leased
buildings at GU zoned properties, provided the proposed user is a not-for-profit, educational or cultural
organizations, and provided the GU sites are continually used for such non-profit, educational or cultural
purposes. Pursuant to the requirements of 142-425(d), an analysis was conducted and the Planning Director
determined that the sale of alcohol is a use that is a development regulation that may be waived for GU zoned
properties, as the nolfor-profit, cultural organizations managing the theaters would provide cultural
opportunities to the general public and would continually use the premises for such cultural purpose.
The Administration recommends the City Commission the attached Resolution.
The City's Planning Board discussed this matter at their September 23,2014 meeting and unanimously
recommended in favor of the subiect waiver.
Financia! lnformation:
Source of
Funds:
Financial lmpact Summary: N/A
Max Sklar, ext. 6116
AGENDA ITEM R?Ab
-
MIAMIBEACH o^re lo'LL-lL{438
E MIAMIBEACH
Cfi ol Mloml Beoch, l70O Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the City Cofimission
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT: A RESOLUTION OF THE MA
PUBLIC HEARING
AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, PURSUANT TO SECTTON 142452(dl OF THE CtTy
GODE, WAIVING BY 5/7TH VOTE OF THE CITY COMMISSION AFTER PUBLIC
HEARING, THE DEVELOPMENT REGULATTONS UNDER SECTTON 64(4) TO
ALLOW FOR ALCOHOL SALES FOR CONSUMPTION ON SITE FOR O CINEMAAT THE BYRON CARLYLE THEATER AND AT THE MIAMI BEACH
CINEMATHEQUE THEATER; TWO NOT-FOR-PROFIT, CULTURAL
ORGANIZATIONS UTILIZING THE THEATERS.
BACKGROUND
The City Commission on March 5,2014 referred this item to the Neighborhoods Committee for
discussion and policy direction. The Neighborhoods Committee met on March 28,2014, and
voted to forward the item to the City Commission with changes to the ordinance providing for
segregated areas where minors would not be permitted, and alcohol would be sold and
consumed. The ordinance was subsequently modified to restrict alcohol consumption in areas
and auditoriums where no minors would be permitted.
On May 21,2014, Ordinance No. 2014-3861 was adopted, which amended City Code Chapter
6 regarding the permitting of alcoholic beverage sales in movie theaters. The City Code now
allows for such sales at the movie theater on Lincoln Road, and other theaters that meet the
minimum criteria of (i) 15,000 sq.ft., (ii) 300 permanent auditorium seats, and (iii) located in
Commercial High lntensity Districts (CD-3).
Although the City Code was amended as described above, on-premises sale and consumption
of alcoholic beverages is not permitted at the Miami Beach Cinematheque and, if the City
Commission approves the proposed management agreement with O Cinema, would not be
permitted at the Byron Carlyle Theater.
Both locations are zoned Government Use (GU) and, as per Section 142-425(d) of the City
Code, the City Commission may wave by five sevenths vote, following a public hearing,
development regulations "pertaining to governmental owned or leased buildings, uses and sites
which are wholly used by, open and accessible to the general public, or used by not-for-profit,
educational, or cultural organizations, or for convention center hotels, or convention center hotel
accessory garages, or city utilized parking lots, provided they are continually used for such
purposes."
Section 142-422 of the City Code, provides that the "main permitted uses in the GU government
use district are government buildings and uses, including but not limited to parking lots and
garages; parks and associated parking; schools; performing arts and cultural facilities;
439
Stf Waiver Devel op ment Reg u I ati on s
Alcoholic Beverages At Byron Carlyle Theater (O Cinema) and Cinematheque
Commission Memorandum
October 22,2014
Page 2 of 2
monuments and memorials. Any use not listed above shall only be approved after the City
Commission holds a public hearing. See subsection 142-425(e) for public notice requirements;"
and
The City's Land Development Regulations (LDR), specifically Section 142-425(d), provides the
City Commission with the ability to waiver, but 5/7th vote, and following review by the Planning
Board, and a public hearing before the City Commission, the City's development regulations on
governmentally owned or leased buildings at GU zoned properties, provided the proposed user
is a not-for-profit, educational or cultural organizations, and provided the GU sites are
continually used for such non-profit, educational or cultural purposes. Pursuant to the
requirements of 142-425(d), an analysis was conducted and the Planning Director determined
that the sale of alcohol is a use that is a development regulation that may be waived for GU
zoned properties, as the not-for-profit, cultural organizations managing the theaters would
provide cultural opportunities to the general public and would continually use the premises for
such cultural purpose.
The City's Planning Board discussed this matter at their September 23, 2014 meeting and
unanimously recommended in favor of the subject waiver. The City Administration supports the
request provided that the not-for-profit, cultural organizations utilizing the theaters otherwise
comply with Chapter 6, as it relates to hours of operation, require only on premises
consumption, provide a Minor Control Program, designate alcohol beverage consumption areas,
obtain applicable state licenses for the sales and consumption of such beverages, and collect
and remit Resort Taxes to the City for alcohol sales, as required under Section 102-306 of the
Code.
Section .142-425(e) requires, public notice in a newspaper of general paid circulation in the City
at least fifteen (15) days prior to the hearing and further, requires fifteen (15) days prior to the
public hearing date, both a description of the request and the time and place of such hearing
shall be posted on the property, and notice shall also be given by mail to the owners of land
lying within 375 feet of the property. The City provided notice to all property owners within 375
feet of the Byron Carlyle Theater (O Cinema) and Old City Hall (Cinemateque) within the
required time period.
CONGLUSION
The A/pinislrFtion recommends the City Commission adopt the attached Resolution.
ILM.#B,W
T:\AGENDA\2014\October\TCED\Waiver of Dev Regs for Byron and Cinemateque MEMO.docx
We are commilted lo providing excellenl pubhc servtce ond sofety fo oll who iive work ond ploy in our vibront troptcol htstoric communif/
440
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, PURSUANT TO SECTTON 142-425(d) OF THEqry coDE, wAtvtNG By 5/7rH vorE oF THE ctry coMMlsstoN AFTER
PUBLIC HEARING, THE DEVELOPMENT REGULATIONS UNDER SECTION
6-4(4) TO ALLOW FOR ALGOHOL SALES FOR CONSUMPTTON ON S|TE
FOR O CINEMA AT THE BYRON CARLYLE THEATER AND AT THE MTAMI
BEACH GINEMATHEQUE THEATER; TWO NOT-FOR-PROFIT, CULTURAL
ORGANIZATIONS UTILIZ!NG THE THEATERS.
WHEREAS, On May 21, 2014, Ordinance No. 2014-3861 was adopted, which amended
City Code Section 6-4(4), in order to permit alcohol beverage sales in movie theaters. The City
Code now allows for such sales at the movie theater on Lincoln Road, and other theaters that
meet the minimum criteria of (i) 15,000 sq. ft., (ii) 300 permanent auditorium seats, and (iii)
located in Commercial High lntensity Districts (CD-3); and
WHEREAS, although Section 6-4(4), of the City Code was amended, on-premises sale
and consumption of alcoholic beverages is a not permitted use at the Miami Beach
Cinematheque and at the Byron Carlyle Theater, as neither theater meets the minimum criteria
of 15,000 square feet, 300 permanent auditorium seats; and are not located in the CD-3 zoning
district; and
WHEREAS, the City is proposing to enter into a management agreement with O Cinema
for the Byron Carlyle Theater and Cinematheque already has a tenant; and
WHEREAS, both the Cinematheque tenant and O Cinema are not-for-profit, educational
or cultural organizations; and
WHEREAS, the draft management agreement between the City and O Cinema concepts
the sale of alcohol for consumption on the premises, during performances, and
WHEREAS, both theaters are zoned Government Use (GU) but do not qualify under
Section 6-4(4) of the Code to sell alcohol for consumption on premises; and
WHEREAS, Section 142-422 of the City Code, provides that the "main permitted uses in
the GU government use district are government buildings and uses, including but not limited to
parking lots and garages; parks and associated parking; schools; performing arts and cultural
facilities; monuments and memorials. Any use not listed above shall only be approved after the
City Commission holds a public hearing. See subsection 142-425(e) for public notice
requirements;" and
WHEREAS, the City of Miami Beach Land Development Regulations (LDR) at Section
142-425(d), provides, following review by the Planning Board, and a public hearing before the
City Commission, for a waiver, by 5l7th vote of the City Commission, of the City's development
regulations on governmentally owned or leased buildings at GU zoned properties, provided the
proposed user is a not-for-profit, educational or cultural organizations, and provided the GU
sites are continually used for such non-profit, educational or cultural purposes; and
441
WHEREAS, pursuant to the requirements of 142-425(d), an analysis was conducted and
the Planning Director determined that the sale of alcohol is a use that is a development
regulation that may be waived for GU zoned properties, as the not-for-profit, cultural
organizations managing the theaters would provide cultural opportunities to the general public
and would continually use the premises for such cultural purposes; and
WHEREAS, the Administration supports the request pursuant to section 142-425(d), to
waive that portion of Section 6-4(4), to allow the Byron Carlyle and the Cinematheque theaters,
which are both zoned GU, to sell alcohol for consumption on the premises during performances,
provided, however, that the nolfor-profit, cultural organizations utilizing the theaters othenvise
comply with Chapter 6, as it relates to hours of operation, require only on premises
consumption, provide a Minor Control Program, designate alcohol beverage consumption areas,
obtain applicable state licenses for the sales and consumption of such beverages, and collect
and remit Resort Taxes to the City for alcohol sales, as required under Section 102-306 of the
Code; and
WHEREAS, the City Commission determines it is appropriate to waive the development
regutations by a 5l7th vote to allow alcohol sales for consumption on the premises of the Byron
Carlyle Theater and Cinematheque, provided, however, that all other regulations relating to
Chapter 6 shall apply to the not-for-profit and cultural organizations using the theaters.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, pursuant to section 142-425(d) of the City Code,
waiving by 5l7th vote of the City Commission after public hearing, the development regulations
under section 6-4(4) to allow for alcohol sales for consumption on site for O Cinema at the
Byron Carlyle Theater and at the Miami Beach Cinematheque Theater; two not-for-profit,
cultural organizations utilizing the theaters.
PASSED AND ADOPTED this
ATTEST:
day of 2014.
Rafael Granado, City Clerk Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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442
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R7 - Resolutions
R7B A Resolution To Consider Approval, Following First Reading/Public Hearing Of A
Development Agreement As Authorized Under Section 118-4 Of The City Code, And
Sections 163.3220 - 163.3243, Florida Statutes, Between The City And 8701 Collins
Development, LLC ("8701"), Which Development Agreement: (1) Memorializes The
Conditions For Vacating The City's Right Of Way At 87th Terrace East Of Collins Avenue
("City Parcel"); (2) Grants To The City A Perpetual Pedestrian Access Easement Across
A Portion Of The Vacated City Parcel; (3) Ensures The Payment Terms For 8701's
Payment Of A Voluntary Monetary Contribution, ln The Amount Of $10.5 Million Dollars,
To Be Used By The City For Public Purposes; (4) Delineates The Conditions For The
Construction Of The Project Located At 8701 Collins Avenue As A Hotel And/Or
Residential Condominium Site; And (5) Subject To And Contingent Upon 8701's
Satisfaction Of The Conditions Set Forth ln The Development Agreement; And Further
Setting The Second And Final Reading Of The Development Agreement For A Time
Certain. 11:00 a.m. Public Hearinq
(City Attorney's Office)
(Memorandum & Resolution to be Submitted in Supplemental)
Agenda ltem RlR
Date l0'?2-lU446
THIS PAGE INTENTIONALLY LEFT BLANK
447
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
September 24,2014 Unanimous Recommendation Of The Finance And Citywide Projects Committee To
Dedicate The $10.5 Million DollarVoluntary Contribution By 8701 Collins Development, LLC (8701), As
Contemplated Under Resolution No. 2014-28743, Toward The Area Of North Beach, North Of 69th Street;
And To Utilize 50 Percent (50%) Of The 10.5 Million Toward The Revitalization Of North Beach Open
Space Park, lncluding Creating An EndowmentAccount To Ensure The Future Renewal, Replacement
And Maintenance Of The Park.
Item Summary/Recommendation :
The City of Miami Beach holds a right-of-way (ROW) dedication to a 50 foot wide road, running East of
Collins Avenue, known as 87th Terrace. On September 17 ,2014, the City approved, after a public hearing,
Resolution No. 2014-28743, which authorized the vacation of that certain City right-of-way currently known
as 87th Terrace east of Collins Avenue (hereinafter "City Right-of-Way") in favor of 8701 Collins
Development,LLC(8701). Aspartof Resolution20l4-28743,8701 agreedtoatermsheet,whichshallbe
turned into a Development Agreement with the City, which would provide the City with a 10.5 million dollar
voluntary contribution.
On September 24,2014, the Finance and Citywide Projects Committee discussed the appropriate public
use for the $10.5 million dollar voluntary contribution. The Committee believed it to be in the best interest
of the City to utilize the funds in North Beach, for projects that would benefit the community in that area.
After a lengthy discussion, the Committee unanimously recommended that the entire $10.5 million dollar
voluntary contribution be utilized in North Beach, north of 69th Street. The Committee further
recommended that half of the voluntary contribution be utilized to repair and renovate the North Beach
Open Space Park; with a portion of those funds to be set aside as an endowment fund to ensure that the
capital costs associated with the future "renewal and replacement" maintenance needs of the Park are
maintained without causing an increase in the millage rate to support the Park.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Financial lnformation :
Source of
Funds:
OBP!
Financial lmpact Summary:
Eric Publlc Works X6012
\AGE NDAUO'1 4\October\PU BLI C WORKS\87 terr.doc
AGEFIDA tTE?,i RlC
D/iE lo-zz-lq# MIAnAISTACH 448
@ MIAMIBEACH
City of Miqmi Beqch, I 700 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
CO,VllMl SS ION MEMO RAN D UM
Mayor Philip Levine and Memb"r, oi\th" citv cy'n[mission
Jimmy L. Morales, City Manager l1--r lP
October 22,2014
SUBJECT: A RESOLUTION OF THE MAYOR IAND CITY COMMTSSION OF THE CITY OF
MTAMI BEACH, FLORIDA, ACCEPTING THE SEPTEMBER 24,2014 UNANIMOUS
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE
TO DEDICATE THE $10.5 MILLION DOLLAR VOLUNTARY CONTRIBUTION BY
8701 COLLINS DEVELOPMENT, LLC (8701), AS CONTEMPLATED UNDER
RESOLUTION NO. 2014.28743, TOWARD THE AREA OF NORTH BEACH, NORTH
OF 69TH STREET; AND TO UTILIZE 50 PERCENT (50%) OF THE 10.5 MILLION
TOWARD THE REVITALIZATION OF NORTH BEACH OPEN SPACE PARK,
INCLUDING CREATING AN ENDOWMENT ACCOUNT TO ENSURE THE FUTURE
RENEWAL, REPLACEMENT AND MAINTENANCE OF THE PARK.
BACKGROUND
The City of Miami Beach holds a righlof-way (ROW) dedication to a 50 foot wide road, running
East of Collins Avenue, known as 87th Terrace. On September 17, 2014, the City approved,
after a public hearing, Resolution No. 2014-28743, which authorized the vacation of that certain
City right-of-way currently known as 87th Terrace east of Collins Avenue (hereinafter "City
Right-of-Way") in favorof 8701 Collins Development, LLC (8701). As part of Resolution 2014-
28743,8701 agreed to a term sheet, which shall be turned into a Development Agreement with
the City, which would provide the City with a 10.5 million dollar voluntary contribution.
On September 24, 2014, the Finance and Citywide Projects Committee discussed the
appropriate public use for the $10.5 million dollar voluntary contribution. The Committee
believed it to be in the best interest of the City to utilize the funds in North Beach, for projects
that would benefit the community in that area, After a lengthy discussion, the Committee
unanimously recommended that the entire $10.5 million dollar voluntary contribution be utilized
in North Beach, north of 69th Street. The Committee further recommended that half of the
voluntary contribution be utilized to repair and renovate the North Beach Open Space Park; with
a portion of those funds to be set aside as an endowment fund to ensure that the capital costs
associated with the future "renewal and replacement" maintenance needs of the Park are
maintained without causing an increase in the millage rate to support the Park.
RECOMMENDATION
The ffiministration recommends adopting the Resolution.
rrwMff/BAM/EB
T:\AGENDA\2014\October\PUBLIC WORKs\Discussion - 8701 Ten, Collins Dev. Financial impact.docx
TO:
FROM:
DATE:
449
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE SEPTEMBER24,
2014 UNANIMOUS RECOMMENDATION OF THE FINANCE AND
CITYWIDE PROJECTS COMMITTEE TO DEDICATE THE $10.5
MILLION DOLLAR VOLUNTARY CONTRIBUTION BY 8701 COLLINS
DEVELOPMENT, LLC (8701), AS CONTEMPLATED UNDER
RESOLUTION NO. 2014.28743, TOWARD THE AREA OF NORTH
BEACH, NORTH OF 69TH STREET; AND TO UTILIZE 50 PERCENT
(s0%) oF THE 10.5 MTLLTON TOWARD THE REVITALIZATION OF
NORTH BEACH OPEN SPACE PARK, INCLUDING CREATING AN
ENDOWMENT ACCOUNT TO ENSURE THE FUTURE RENEWAL,
REPLACEMENT AND MAINTENANCE OF THE PARK.
WHEREAS, the City approved, after public hearing, Resolution No. 2014-28743,
which authorized the vacation of that certain City right-of-way currently known as 87th
Terrace east of Collins Avenue (hereinafter "City Right-of-Way") in favor of 8701 Collins
Development, LLC (8701); and
WHEREAS, as part of Resolution 2014-28743, 8701 agreed to a term sheet,
which shall be turned into a Development Agreement with the City, which would provide
the City with a 10.5 million dollar voluntary contribution; and
WHEREAS, on September 24, 2014, the Finance and Citywide Projects
Committee discussed the appropriate public use for the $10.5 million dollar voluntary
contribution; and
WHEREAS, the Committee believed it to be in the best interest of the City to
utilize the funds in North Beach, for projects that would benefit the community in that
area; and
WHEREAS, after a lengthy discussion, the Committee unanimously
recommended that the entire $10.5 million dollar voluntary contribution be utilized in
North Beach, north of 69 Street; and
WHEREAS, the Committee further recommended that half of the voluntary
contribution be utilized to repair and renovate the North Beach Open Space Park; with a
portion of those funds to be set aside as an endowment fund to ensure that the capital
costs associated with the future "renewal and replacement" maintenance needs of the
Park are maintained without causing an increase in the millage rate to support the Park;
and
WHEREAS, the Mayor and City Commission desire to adopt the
recommendation of the Finance and CitWride Projects Committee.
450
NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, to accept the September
24,2014 unanimous recommendation of the Finance and Citywide Prolects Committee
to dedicate the $10.5 million dollar voluntary contribution by 8701 Collins Development,
LLC (8701), as contemplated under Resolution No. 2014-28743, toward the area of
North Beach, north of 69th Street; and to utilize 50 percent (50%) of the 10.5 million
toward the revitalization of North Beach Open Space Park, including creating an
endowment account to ensure the future renewal, replacement and maintenance of the
park.
PASSED and ADOPTED this day of September,2014.
ATTEST:
Philip Levine, Mayor
Rafae! E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
451
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SETTING OF THE PUBLIC HEARING
SUBJECT: Design Review Board Appeal-S Node at 1604 Alton Road
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAM! BEACH, FLORIDA, SETTING A PUBLIC HEARING,
PURSUANT TO SECTION 118.262 OF THE CITY GODE, FOR AN
APPEAL FILED BY W. TUCKER GIBBS, P.A. AND RAFAEL E.
ANDRADE, P.A., ON BEHALF OF ARRP MIAM!, LLC, OF THE
DESIGN REVIEW BOARD'S ORDER RELATING TO DRB FILE NO.
23062 TO LOCATE A DTSTRTBUTED ANTENNA SYSTEM (DAS)
NODE AT 1604 ALTON ROAD, AND SETTING SUCH PUBLIC
HEARING FOR THE CITY COMMISSION MEETING OF
ADMINISTRATION RECOMMENDATION
Adopt the Resolution and schedule the public hearing.
BAGKGROUND:
Pursuant to City Code Section 118-262, W. Tucker Gibbs, P.A. and Rafael E. Andrade,
P.A., on behalf of ARRP Miami, LLC, as the affected person, are requesting a review of
the Design Review Board decision rendered on August 05,2014 (DRB File No. 23062)
pertaining to the approval of of a Stealth Distributed Antenna System (DAS) node within
the public right-of-way at the approximate location of 1604 Alton Road. The subject
property is not located within a historic district.
Section 118-262 of the Miami Beach City Code allows the applicant, the City Manager
on behalf of the City Administration, the Miami Design Preservation League, Dade
Heritage Trust or an 'Affected Person', to seek review of any order of the Design Review
Board by the City Commission. For purposes of Section 118-262, an "affected person"
shall mean either:
(i) a person owning property within 375 feet of the applicant's project reviewed by
the board, or
(ii) a person that appeared before the design review board (directly or
represented by counsel), and whose appearance is confirmed in the record of the
design review board's public hearing(s) for such project.
It appears from the appellant's "Request for City Commission Review of Design Review
Board Decision" that the definition of 'affected person' has been satisfied, as the
Mayor Philip Levine and Members qf the City C
Jimmy L. Morales, City Manager
October 22,2014
Agenda ltem fl7 D
oate lo'22-lV452
Commission Memorandum
DAS Node:1604 Alton Road APPEAL- Setting Public Hearing
Oatoher 22 2O14 Panc 2 af 2
Appellant owns property within 375 feet of the applicant's project. A copy of the appeal
request is attached hereto.
Also pursuant to Section 118-262 of the Miami Beach Code, the review by the City
Commission is not a "de novo" hearing. The hearing must be based upon the record of
the hearing before the Design Review Board. Furthermore, Section 118-262 (b) states
the following:
ln order to reverse, or remand for amendment, modification or rehearing any
decision of the Design Review Board, the City Commission shall find that the Design
Review Board did not do one of the following:
1) provide proceduraldue process;
2) obserue essential requirements of law; or
3) base ifs decision upon substantial, competent evidence.
ln order to reverse or remand a decision of the DRB, a 5/7th vote of the City Commission
is required.
CONCLUS!ON
The Administration recommends that the City Commission set the public hearing to
review a decision of the Design Review Board pertaining to DRB File No. 23062 forthe
proposed DAS Node at approximately 1604 Alton Road for a date certain of November
19,2014.ffil
JLMU[flJffRM/JGM
T:\AGENDAVO14\October\DAs NODE DRB File No. 23062 Appeal - PH MEMO.docx
453
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIG HEARING, PURSUANT TO
SECTION 118.262 OF THE CITY CODE, FOR AN APPEAL FILED BY ARRP
MIAMI, LLC, OF THE DESIGN REVIEW BOARD'S ORDER RELATING TO
DRB FILE NO. 23062 TO LOCATE A DISTRIBUTED ANTENNA SYSTEM
(DAS) NODE lN THE R|GHT-OF-WAY AT APPROXTMATELY 1604 ALTON
ROAD, AND SETTING SUCH PUBLIC HEARING FOR THE CITY
COMMISSION MEETING OF
WHEREAS, a process for review by the Mayor and City Commission of
decisions rendered by the Design Review Board when requested by an applicant
or any affected person has been established under Section 118-262 of the Miami
Beach City Code; and
WHEREAS, Crown Castle was the applicant for design review approval
for a Distributed Antenna System (DAS) Node to be located in the right-of-way at
approximately 1604 Alton Road, under DRB File No. 23062, which meeting was
held and approval granted on August 5, 2014; and the order on the application
was rendered on August20,2014 ("Orde/'); and
WHEREAS, W. Tucker Gibbs, P.A., and Rafael E. Andrade, P.A., on
behalf of their client ARRP Miami, LLC have timely requested a review of the
Order.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE Clry OF MIAMI BEACH, FLORIDA, that a public
hearing is set, and notice should be given, pursuant to Section 118-262 of the
City Code, for an appeal filed by ARRP Miami, LLC, of the Design Review
Board's Order under DRB File No. 23062, to locate a Distributed Antenna
System ('DAS') Node in the public right-of-way at approximately 1604 Alton
Road, and setting such public hearing for the City Commission Meeting of
PASSED AND ADOPTED this
ATTEST:
Rafael Granado, City Clerk
Philip Levine, Mayor
day of 2014.
APPROVED AS TO
FORM & I.ANGUAGE
& FOR EXECUTION
(o- t ' \4''
-
Date
454
&{l W. TUCKER GNtstsS, P.A"
A'ITORNEY AT LAIiV
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P.O. BOX t050
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Sept.ember 10, 2014 VXA TIAIID DELIVERY
Rafael E. Granado, Cit.y Clerk
City of Miami Beach
L700 Convention Center Drive
Miami Beach, Florida 331-39
Rq:, Request for City Colmlission Seview.
Crown Castl"a NG Eagt, 1604 Alton Road.
DRjB Fi.Ie 23062.
Dear Mr. Granado:
On behalf of my clienc ARRP Miami, LLC, and pursuant to
section lLB-262 of the city's land development regnrlations,
enclosed for filingr is uhe attached request for city
conrmission review of the Desigrn Review Board Decision
regardingr the applicat.ion of Crorarn Cast1e NG East,, regarding
the placement of a cellular transmission pole ar-- 1604 Alton
Road (DRB File 23062). AIso enclosed is a check for the
applicable filing fee ($430.00).
Also, please confirm Lhat pursuant to secLios LLB-264
that the issuance of any fu1l building permit is stayed for
the project being appealed until its final resolution,
I am available to answer any questions you may have
regarding this filing.
Sincerely,
llpult4,frrLw. Tucker\diffs
cc: Planning Director Thomas R. Mooney
City AttorneY RauI Aguila
First Assistant City ALtorney Gary iield
AARP Miami, LLC
455
BEF'ORE TFIE hdiAMI tsEACFI CXTY COMIMISSIOI{
DESXGN R,EYIEW tsOAR.D F'IIE NA62
IN RO: CR.OIVN CASTI,E NG EAST,INC,
That portion of the north side of the right-of-way known
as Alton Road located at Latittide: North 25 degrees,
47'20.649", LONGITUDE \Yest 80 degrees, 08'28,655".
Florida State Coordinates: X=9387 L7 ,491,
Y=529948.984. A/M: t604 Alton Road, Miami Beach,
Florida 33139
R.EQUEST FOR CXTY COMMISSION REVIEW OF'
DESIGN REVItsW BOARD DECISION
ARRP Miami, I-LC ("ARRP"), pursuant to section 1t8-262, City of Miami
Beach Land Development Regulations, requests that the City of Miami Beach City
Commission ("commission") review the decision of the Miami Beach Design
Review Board ("DRB") to grant the application for design review approval for the
placement of a 25-foot tall cellular receiving and transrnission device ("ce11 pole")
at the referenced location. (DRB File No. 23062). ARRP requests that the
commission reverse that DRB decision, or in the alternative, remand the matter to
the DRB with instructions to reconsider the application after a properly noticing
the hearing pursLlant to the requirements set out in the City of Miami Beach Land
Development Regulations ("LDRs") and the City Charter of the City of Miami
Beach.
456
1. ARRP owns the property at 16t4 Alton Road, IVIiami Beach, Florida,
within 37 S-f.eet of the applicant's project (at 1604 Alton Road) reviewed by the
DRB.
2. ARRP is an affected person under the definition in LDR section i 18-
262because it owns property within 375 feet of the applicant's project reviewed by
the DRB. Therefore ARRP may seek city commission review of the DRB Order on
File No. 23062.
3. The DRB on August 5,2014, held a quasi-judicial hearing and
reviewed the application for design review approval for the installation of the cell
potre at 1604 Alton Road ("Alton Road pole").
4. At that hearing Rafael E. Andrade, Esq., appeared before the DRB and
objected to its consideration of the application for the Alton Road pole because the
DRB hearing on this matter was not properly noticed to the public as required by
section LLB-7 6 of the LDRs and section 8 of the By-Laws and Rules of Order of
the Design Review Board.
5. The DRB rejected the argument, considered the application and voted
to approve the 25-foot high telecommunications device.
6. On August2l,20t4, the board rendered its order granting design
review approval to permit the Alton R.oad pole pursuant to the design review
criteria set forth in section 118 of the LDRs and subject to conditions set forth
therein.
457
7 . The DRB consideration of this matter was characterized by procedural
errors, in particular its unabashed failure to follow the LDR.s as well as its own by-
laws and mles of orcler regarding publlc notice of the hearing at issue,
8. ARRP requests that the city commission either reverse the decision of
the DRB to approve the installation of the Alton Road pole or to remand the matter
to the DR.B for it to evaluate application to approve the installation of the Alton
Road pole consistent with the proper procedure as set forth in the land
deveiopment regulations and the DRB bylar,vs and rules of order.
9. Aside from the failure of the DRB to foliow the city requirements for
public notice of the hearing at issue in this request for review, ARRP also asserts
the following:
a. The failure to disclose ex-parte communications pursuant to
sections 2-5lL through 513 of the city code is a failure to provide
procedural due process and a failure of the DRB to observe the
essential requirements of law in its evaluation of the Alton Road
pole application.
b. The decision of the DRB to approve this application subject to
subsequent staff approval "consistent with the Design Review
Criteria and/or the directions from the Board," is a failure to
observe the essential requirements of law.
458
FAIL{.IR.E, TO FR.OI,TDE, PX.I'ELXC T{OTICE AS REQUXRED
tsY T'HE SECTXON z^TlE OF TFtrE LA}TD DEVEX,OP.\{EHT
REGULATXONS .{ND SECTION 8 TE{E DE,SIGN REYIEIV EOARD EY"
LA}VS ^4.I{'O R.ULES OF ORDER
8. Section L18-254b) states:
"At least 30 days prior to the [DRB] public hearing date,
a description of the request, and the date, tirne and place
of such hearing shaltr (i) be posted on the property, (ii)
advertised in a paper of general paid circulation in the
community, and (iii) given by mail to the owners of
record of land lying within 375 feet of property..."
(emphasis added)
9. The city failed to provide the LDR-required notice for its August 5,
2014 meeting because it held its meeting at 1:30 pm instead of the properly noticed
time of 8:30am contrary to the explicit requirements of section 1 18-254(b) of the
LDRs.
10. This direct violation of the LDRs is a failure of the DR.B to observe the
essential requirements of law.
11. Section LL8-76 of the LDRs requires that "[a]il meetings [of the DRB]
shatrl be open to the public and shall be conducted in accordance with the rules and
regulations adopted by the board." (emphasis added)
L2. The DRB By-Laws and Rules of Order state: "Regular meetings of the
Board are open to the public and shall be held from time to time in City Hall.
Change of meeting date/time may be at the call of the Chairperson and as the
Board may determine with a nnininnuur fifteen (15) days notice." (emphasis
added).
4
459
13. The board changed its meeling time less than 15 days prior to its
schedr-rled meeting contrary to the minimum 15-day notice required in its tsy-La,,vs
and Rules of Order and therefore is contrary to the LDR. requirement that DRB
meetings shall be conducted in accordance with the DRB's rules and regr"rlations.
14. This direct violation of the LDRs is a failure of the DRB to obserye the
essential requirements of law.
FAILURE TO DISCLOSE EX.PAR.TE COMMUNIC.A.TIONS AS
REQ{JIRED BY SECTTONS z-stt TTTROUGH 2.s13
OF TI{E [,AND DEYEI-,OPMENT R.EGUT,AT'XONS
15. Section 2-5lL defines a prohibited ex parte communication as any
written or oral communication with any member [of a city quasi-judicial board],
which may directly or indirectly influence the disposition of an application, other
than those made on the record during a public hearing.
16. Section 2-512(a) establishes a procedure "for all ex-parte
communication" with a board member of a quasi-judicial board such as the Design
Review Board. Section 2-512(a)(1) requires that "[t]he subject matter of any ex-
parte communication, together with the identity of the person, group or entity with
whom the communication took place, shall be disclosed and made a part of the
record on file with the city prior to final action on the matter."
17 , Section 2-5L2($$) requires that "[a]ny ex-parte communication or
activity regarding a pending quasi-judicial matter and not physically made a part of
the record on file with the city and available for public inspection prior to the
460
public meeting on the matter shall be orally stated and disclosed on the record at
the public meeting prior to the vote on the matter ..."
18. Based on information and belief, pripr to the Design Review Board's
hearings on the Alton Road pole application (August 5,2014) representatives of
the applicant Crown Castle NG East, Inc, met with and communicated with a
member or members of the Design Review Board regarding the disposition of the
Alton R.oad pole application.
19. No disclosure has been made of the subject matter of this
communication, or the identity of the person, group or entity with which the
communication took place.
20. According to section 2-512b) without such disclosure a presumption of
prejudice arising from thaVthose ex-parte communication(s) remains attached to
that communication. These non-disclosed ex-parte communications and the
attached presumption of prejudice effectively impacted ARRP' ability to obtain a
fair hearing and denied them procedural due process. Furthermore this direct
violation of the LDRs in the city code is a failure of the DRB to observe the
essential requirements of law.
6
461
IIIyIPR.OPER. DEX,EGATIOF{ TO DESXGN R.EVNEW ST,AFF
OF'DRts AUTX{OFTITY T'O EYAtr,U.A.TE A}{D APPB.OVE FI,TNI\S
PURSUA.NT TO DRE R.EVXEIY CR.ITERI,A,
21. The city commission has delegated certain authority to the DRB to
approve design revier,v applications subject to specific criteria set forth in section
118-251. This authority, spelled out in sections ll8-25l through 265, does not
allow the DRB to deiegate to design review staff its responsibility and duty to
make decisions based on those criteria. 1
22. Yet that is what the DR.B did when it approved the Alton Road pole
application. According to the final order of the DRB, it approved the project
subject to conditions, including:
"Revised elevation, site plan and floor plan drar,vings shall be
submitted to and approved by staff; at a minimum, such drawings
shall incorporate the following:
a. The exterior of the steel pole shall be powder coated finished
and the final exterior color selection shall be reviewed and
approved by staff consistent with the Design Review Criteria
and/or the directions from the Board.
' While section 1L8-260 authorizes the planning director to approve, approve with
conditions or deny an application for eight specific issues all associated with minor
public improvements, and rehabilitation, alterations and demolition of structures or
portions of structures, it does not authorize the DRB to delegate its authority to
approve an application (or any portion of an application) for new development
such as the Alton Road pole application.
462
23. $Ihile there is ar-rthority tor the DRB to prescribe conditions of
approval, there is no authority for the DRE to delegate its review and approval
authorlty to staff.
24. This condition transforms a design review decision into a staff-level
determination, without any authority in the LDRs and is therefore a failure of the
DR.B to observe the essential requirements of law.
WHEREFORE, ARRP requests: that the Miami Beach City Commission
revier,v the decision of the DRB and reverse it, or aiternatively, remand this matter
to the DR.B with instructions to the DRB to reconsider the approved application
after a properly noticing the hearing pursuant to the requirements set out in the
LDRs and City Charter of the City of Miami Beach.
Respectfully Submitted,
V/. TUCKER GIBBS, ESQ.
Co-Counsel for ARRP
P.O. Box 1050
Coconut Grove, W33L33
Tel (305) 448-8486
Fax (305) 448-0773
Email: tucker@ wtgibbs,com
RAFAEL E. ANDRADE, ESQ.
Co-Counsel for ARRP
1t 11 Lincoln Rd Suite 400
Miami Beach, FL 33139 -2439
Tel (305) 531-9s11
Email: ralph @randradelaw.com
463
EKE{IffiIH 66A]e
464
DHSICN REVIEVI/ BOARD
City of Miami Beach, Florida
MEETING DATE: August 05,2014.
FILE NO:23062
PROPERTY:Citywido Distributed Antenna System (DAS) Nodes: 1604 Alton Road
LEGAL:That portion of the west side of the right-of-way known as Alton Road
located at LATITUDE: North 25'47'20,649", LONGITUDE: West
80"08'28.655',
Florida State Plain Coordinates : X=9387 17 .491, Y=529948.984
The Application for Design Review Approval for the installation of a
Stealth Distributed Antenna System (DAS) node within the public right-of-
way at the following approximate location outside of historic districts:
{604 Alton Road.
IN RE:
ORDER
The applicant, Crown Castle NG East, lnc, filed an application with the City of Miami Beach
Planning Depadment for Design Review Approval.
The City of Miami Beach Design Review Board makes the following FINDINGS OF FACT,
based upon the evidence, informatlon, testimony and materials presented at the public hearing
and which are part of the record for this matter:
A. Based on the plans and documents submitted wlth the application, testlmony and
information provided by the applicant, and the reasons set forth.in the Planning
Department Staff Report, the project as submitted is inconsistent with Dosign Review
Criterla 5, 6, 8, and12 in Section 118-251of the MiamiBeach Code,
B, The project would be consistent with the oriteria and requirements of section 118-2il rt
the following conditions are met:
1, Revised elevation, site plan and floor plan drawings shall be submitted to and
approved by staff; at a minimum, such drawings shall incorporate the following:
465
Pago 2 of 4
It4eeting Date: August05, 2014
DRB File ttlo, 23062
b,
The exterior of the steei pole shall he powder coated finished and the final
exterior color selection shall be reviewed and approved by staff consistent
with the Design Reviow Criteria and/or tho directions from the Board.
A copy of all pages of the recorded Final Order shall bo scanned into the
plans submitted for bullding permit, and shall be located immedlately aftor
the front cover page of the permit plans.
Prior to the issuance of a Certificate of Occupancy, the project Arohitect
shall vorify, in writing, that the subJect project has been constructod in
accordance with the plans approved by the Plannlng Departmont for
Building Pennit,
The Design Revlew Board rotalns jurisdiction so that should any new
development or construction adjacent to the approved DAS Node require the
removal of this DAS Node, this approval is subject to modification or revocation
pursuant to a noticed hearing before the Design Review Board.
The Final Order shall be rocorded in the Public Records of Miami-Dade County,
prior to the lssuance of a Building Permit.
All equipment shall be servlced.and maintained by Crown Castle.
Satisfaction of all conditions is required for the Planning Department to givo its
approval on a Certificate of Occupancy; a Temporary Certificate of Occupancy or
Partial Ce(ificate of Occupancy may also be conditionally granted Planning
Departmental approval,
The Final Order is not severable, and if any provision or condition hereof is hold
void or unconstitutional in a final decision by a court of competent jurisdiction, the
order shall be returned to the Board for reconsideration as to whether the ordet '
meets the criteria for approval absent the stricken provision or condition, and/or it
is approprlate to modify the remaining conditions or impose new conditions.
7. Tho conditions of approval herein are binding on the applicant, the property's
owners, operators, and all successors in interest and assigns.
8, Nothing ln this order authorizes a violation of the City Code or other applicable
law, nor allows a relaxation of any requlrement or standard set forth in the City
Code,
lT lS HEREBY ORDERED, based upon tho foregoing findings of fact, the evidence, information,
testimony and materials presented at the public hearing, which are part of the record for thls
matter, and the staff repori and analysis, which are adopted herein, including the staff
recommendations which were adopted by the Board, that the Application for Design Reviow
approval is GMNTED for the above-referenced project subject to those certain conditions
specified in Paragraph B of the Findings of Fact (Condition Nos. '1-B, inclusive) hereof, to whioh
the applicant has agreed.
2.
+-
o_
466
Page 3 of4
Meeting Daie: Auguot C5, 2014
DRB File No.23062
PROVIDED, the applicani shall build substantially in accordance with tho plans approved by the
Design Review Board, as cletermined by stafr, entitled "City of Miami Beach Crown Castle
Distributed Antenna System Node 5_7", as prepared by Crown Castle, dated Juno 12,2014,
modified in accordance with the conditions set forth in this Order and staff review and approval,
No buildlng permit may be issued unless and until all conditions of approval that must be
satisfied prior to permit issuance as set forth in this Order have been met, The issuance of
P.*tig! Review Approval does not rolieve the applicant from obtaining all other required
Municipal, County and/or State reviews and permits, including final zoning approval. lf adequate
handicapped accoss is not provided on the Board-approved plans, this approval does not mean
that such handicapped access is not required.
When requesting a building pormit, the plans submitted to the Building Department for permit
shall be conslstent with the plans approved by the Board, modified
-in
abcordance with the
conditions set forth in this Order.
lf the Full Quilding Permit for the project is not issued withln eighteen (18) months of the meeting
date at which tho original Design Review Approval was granted, the Design Roview Appror,al
will expire and become null and void, unless the applicant makes application to the Board for an
oxtension of time, in accordanco with the requirements and procedures of Chapter 118 of the
City Code; the granting of any such extension of time shall bo at the discretion of the Board, At
the hearing on any such application, the Board may deny or approve the request ancl modify the
above conditions or impose additional conditions, lf the Full Building Permit should expire for
any reason (including but not limited to construotion not commencing and continuing, with
required inspections, in accordance with the applicable Building Code), the Design Review
Approvalwill expire and become null and void.
ln accordance with Section 118-264 of the City Code, the violation of any conditions and
safeguards that are a part of this Order shall be deemed a violation of the land development
regulations of the Cily Code.
Dated thb
^.OBday
of fuou5T ,20 [q
STATE OF FLORTDA ), )ss
couNTY oF MIAMI-DADE )Jaft^uo,
Planning Director, Planning
The foreooino instrument was acknowledqed before me this
t4* a-.t--,r* 20 /2: by Tliomas R, Mo o n e5r,
DESIGN REVIEW BOARD
THE CIry OF MIANII BEACH, FLO
R. MOONEY, AICP
PLANNING DIRECTOR
FORTHE CHAIR
467
Page 4 cf 4
Meeting Date: August 05,2014
DRB File l'.1o. 23062
Departrnent, City of Miami Beach, Florida, a Florida fulunicipal Corporation, on behalf of tho
Corporation, He is personally known to me,
.+{lY.ll% TERESAMARIA'ts(-
^a . MYColllftflSsloN ]FF042188
i-bY[i.ff#-" EXP I BES: oece mbu 2, 2o li"4i*tbs 000d0d Tlru mdgd il014ry 00rel0ti
Approved As To Form:
City Attorney's Office:
Miami-Dade County, Florida
My commission expires
( F-).a.-r17
Filed with the Clerk of the Design Review Board on *& _Uit ( (J54,
FIPLAN\$DRB\DRB1 4\Aug1 4\DRB 23062 DAS NODE 1 604 Alton Rd.AUGl 4.fo.docx
dd,{
468
THIS PAGE INTENTIONALLY LEFT BLANK
469
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION SETTING A PUBLIC HEARING TO ADOPT THE FIFTH AMENDMENT TO THE
GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND, AND SPECIAL REVENUE FUND
BUDGETS FOR FISCAL YEAR (FYI2O13I14.
lntended Outcome
Ensure expenditure trends are sustainable over the long term.
Supporting Data:
ln the 2014 Community Survey, both residents and businesses reported the following area for the City
related to value for taxes paid:
Percentage of residents rating the Overall Value of City services for tax dollars paid as excellent or good
(Residents: 58%; Businesses 54%)
Item Summarv/Recommendation :
The budgets for the General Fund, Enterprise Funds, lnternal Service Funds, and Special Revenue Funds
for Fiscal Year 2013114 were approved on September 30, 2013, with the adoption of Resolutions No. 2013-
28351 and No. 2013-28355.
The First Amendment to the General Fund, Enterprise Funds, lnternal Service Funds, and Special Revenue
Funds budgets for FY 2013114 was approved on January 15,2014, by resolution 2014-28469. The Second
Amendment was approved on April 23, 2014, by resolution 2014-28564. The Third Amendment was
approved on June 11,2014, by resolution 2014-28628. The Fourth Amendment was approved on July 23,
2014, by resolution 2014-28672. Section 166.2a1($(c.), Florida Statutes, requires that a municipality's
budget amendment must be adopted in the same manner as the original budget.
Per Florida Statute 166.241, the City has 60 days following the end of the fiscal year to amend a budget for
that year. The Fifth Amendment would address any necessary budget amendments required by state law
for funds, departments, or accounts that exceed their appropriated authority per the year-end close-out
process.
Actual expenditures as of the public hearing date are preliminary in nature due to the fact that the City's
financial records for FY 2013114 will not be formally closed until after the external auditors have completed
their review, in May or June of 2015. Any other necessary amendments to the operating budgets beyond the
60 day threshold, within budgeted fund totals, would be delegated to the City Manager.
AGEI*DA NAM K-7 E
Financial lnformation:
Source of
Funds
@
Amount Account
John Woodruff, OBPI Director
{s MIAMIBTACH ceJra lo'zz- l{470
g MIAMIBEACH
City of Miqmi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,A PUBLIC HEARING TO ADOPT THE
FIFTH AMENDMENT TO THE RAL FUND, ENTERPRISE FUND,
INTERNAL SERVICE FUND AND SPECIAL REVENUE FUND BUDGETS FOR
FrscAL YEAR (FYl 2013114
ADMINISTRATION RECOMMENDATION
Adopt the Resolution and Set the Public Hearing for November 19, 2014.
KEY INTENDED OUTCOME SUPPORTED
Ensure expenditure trends are sustainable over the long term.
ANALYSIS
The budgets for the General Fund, Enterprise Funds, lnternal Service Funds, and Special
Revenue Funds for FiscalYear 2013114were approved on September 30, 2013, with the
adoption of Resolutions No. 2013-28351 and No. 2013-28355.
The First Amendment to the General Fund, Enterprise Funds, lnternal Service Funds, and
Special Revenue Funds budgets for FY 2013114 was approved on January 15, 2014, by
resolution 2014-28469. The Second Amendment was approved on April 23,2014, by
resolution 2014-28564. The Third Amendment was approved on June 11,2Q14, by
resolution 2014-28628. The Fourth Amendment was approved on July 23, 2014, by
resolution 2014-28672. Section 166.241(4)(c.), Florida Statutes, requires that a
municipality's budget amendment must be adopted in the same manner as the original
budget.
Per Florida Statute 166.241, the City has 60 days following the end of the fiscal year to
amend a budget for that year. The Fifth Amendment would address any necessary budget
amendments required by state law for funds, departments, or accounts that exceed their
appropriated authority per the year-end close-out process.
Actual expenditures as of the public hearing date are preliminary in nature due to the fact
that the City's financial records for FY 2013114 will not be formally closed until after the
external auditors have completed their review, in May or June of 2015. Any other necessary
amendments to the operating budgets beyond the 60 day threshold, within budgeted fund
totals, would be delegated to the City Manager.
TO:
FROM:
City C
471
Fifth Amendment to the FY 2013h4 General Fund, Enterprise, lnternal Service, and Special Revenue Fund Budgets
Page 2
The City of Miami Beach provides a wide range of municipal services including Police; Fire-
Rescue; Parks and Recreation; Water, Sewer, Stormwater, and Sanitation; and Public
Works. The City's annual operating budget allows us to address the needs of the
community and includes:
. The General Fund. General Obligation Debt Service Fund. Enterprise Funds. Transfers to the Redevelopment Agency. lnternal Service Funds. Other Special Revenue Funds
The General Fund is the primary operating fund for the City and includes much of the usual
activities of any municipality including Police, Fire, Parks and Recreation, Public Works
Streets and Engineering, Building, Tourism and Culture as well as general administrative
functions, and the Office of the Mayorand Commission. Within the General Fund, Citywide
Accounts reflect expenditures that do not fall under the purview of a particular Department
such as accumulated leave payments, grants to social service agencies, non-profits, and
special studies. They are monitored by the Office of Budget and Performance lmprovement
and the City.
General Obligation Debt is the debt service funding required for voter-approved bonds
issued with the belief that a municipality will be able to repay its debt obligation through
taxation or revenue from projects. No assets are used as collateral.
The Enterprise Fund Budget is comprised of Departments that use revenues received for
services provided to the general public on a continuing basis and are primarily financed
through user charges. The criteria used to determine if an operation should be an enterprise
fund includes: 1) that it generates revenues; 2) that it provides services to the community;
and 3) that it operates as a stand-alone entity, without subsides from taxes etc. The City's
Enterprise Fund Departments are: Convention Center, Sanitation, Stormwater, Water,
Sewer, and Parking.
The City of Miami Beach Redevelopment Agency is a separate entity, whose Chairperson
and Board of Directors are also the City's Mayor and City Commission.
lnternal Service Funds are used to account for the financing of goods and services provided
by one department to other departments on a cost-reimbursement basis. lnternal Service
Fund rates are set to recover the full cost of providing a particular service. The lnternal
Service Funds budgeted expenditures are completely offset by revenues received from the
General Fund, Enterprise Fund Departments and Special Revenue Funds. The City's
lnternal Service Fund Departments are lnformation Technology, Central Services, Risk
Management, Property Management, and Fleet Management.
472
Fifth Amendment to the FY 2013/14 General Fund, Enterprise, lntemal Seruice, and Special Revenue Fund Budgets
Page 3
Special Revenue Funds include the Resort Tax Fund as well as 7th Street Garage
Operations; sth & Alton Garage Operations; Art in Public Places; Tourism and Hospitality
Scholarship Program; Green/Sustainability Fund; Waste Hauler Additional Services and
Public Benefit Contribution Fund; Education Compact Fund; Red Light Camera Fund;
Emergency 911 Fund; lnformation and Communications Technology Fund; People's
Transportation Plan Fund; Concurrency Mitigation Fund; Miami Beach CulturalArts Council;
Police Special Revenue Account; Police Confiscation Trust Funds (Federal and State); and
Police Training and School Resources Fund. The Resort Tax Fund is supported primarily by
taxes levied on hotel, motel, rooming house and short term apartment room rents as well as
on food and beverages sold at retail in any restaurant, as authorized by State Statute, and is
used to fund tourism-eligible expenditures.
CONCLUSION
The Administration recommends that the Mayor and City Commission set a public hearing to
be held on November 19, 2014 to adopt the Fifth Amendment to the General Fund,
Enterprise Fund, lnternal Service Fund, and Special Revenue Fund Budgets for FiscalYear
(FY) 2013t14.
JLM/JW^(flD\-__
473
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, SETTING A PUBLIC HEARING TO ADOPT
THE FIFTH AMENDMENT TO THE GENERAL FUND,
ENTERPRISE FUND, INTERNAL SERVICE FUND, AND
SPECIAL REVENUE FUND BUDGETS FOR FISCAL
YEAR (FY 2013114.
WHEREAS, the budgets for the General Fund, Enterprise Funds, lnternal
Service Funds, and Special devenue Funds for Fiscal Year 2013114 were approved on
S"pi".O"r gO, Zotg, with the adoption of Resolution Nos. 2013-28351 and 2013-28355;
and
WHEREAS, the First Amendment to the General Fund, Enterprise Fun!, lnternal
service Fund, and speciat Revenue Fund budgets for Fiscal Year 2013/14 was
approved on January 1'5,2O14,with the adoption of Resolution No. 2014-28469; and
WHEREAS, the Second Amendment to the General Fund, Enterprise Fund,
lnternal service Fund, and special Revenue Fund budgets for Fiscal Year 2013114 was
"ppror"O
on April 23,2O14,with the adoption of Resolution No' 2014-28564; and
WHEREAS, the Third Amendment to the General Fund, Enterprise Fund,
lnternal service Fund, and Special Revenue Fund budgets for Fiscal Year 2013/14 was
"ppr"r"o
on June 11,2}14,with the adoption of Resolution No. 2014-28628; and
WHEREAS, the Fourth Amendment to the General Fund, Enterprise Fund,
lnternal Service Fund, and Special Revenue Fund budgets for Fiscal Year 2013/14 was
il;il"d on Juty 2g, zo14,with the adoption of Resolution No. 2014-28672; and
WHEREAS, per Florida Statute 166.241, the City has 60 days following the end
of the fiscal year to amend a budget for that year and the Fifth Amendment would
address any necessary budget imendmenti required by state law. for funds'
departments, or accounis thai exceed their appropriated authority per the year-end
close-out process; and
WHEREAS, the Administration requests that the Mayor a$ CilV Commission set
a public hearing to be held on November 19,2014 to adopt the Fifth Amendment to the
Fiicat year (FY) iolznq budgets for the General Fund, Enterprise Fund, lnternal
Service Fund,
"n'O
Sp""i"l Reveiue Fund budgets for Fiscal Year (FY) 2013114; and
WHEREAS, the key intended outcome supported by the Fifth Amendment to the
Budgeti roi riscat'Vear (Fn 2ofit14 for the General Fund, Enterprise Fund, lnternal
Service Fund, and Speciai Revenue Fund is to ensure expenditure trends are
sustainable over the long term.
474
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
coMMlsstoN oF rnr ctrv oF MtAMt BEACH that the Mayor and city commission
no"OV set a public hearing on November 19, 2014, to adopt the Fifth Amendment to the
Geneial Fund, Enterprisi Fund, lnternal Service Fund, and Special Revenue Fund
Budgets for Fiscal Year (FY) 2013114.
PASSED and ADOPTED this 22"d day of October, 2014'
ATTEST:
PHILTP LEVINE, MAYOR
PlqPHAtl E. GRANADO, CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
$ - q'ln(
Date
475
Condensed Title:
1.A Resolution directing the Administration to open and market its waitlist for the London House
Apartments and the properties expected to be acquired from Miami Beach Community
Development Corporation to working households earning up to 80 percent of Area Median lncome
AMr).
A Resolution directing the Administration to pursue the development of workforce housing for
households earning 120 to 140 percent of AMI and utilize targeted marketing to prioritize service
to households employed in education, public safety and municipal occupations.
A Resolution directing the Administration to explore the development of rental workforce housing
on the west side of the Convention Center Parking Lot (P-Lot) to benefit households employed in
2.
education, public safety and munici earnino 120 to 140 of AMl.
COMMISSION ITEM SUMMARY
The Neighborhoods/ Community Affairs Committee held discussions regarding the definition,
development and use of workforce housing at its April 23'd, May 30rh and September24th meetings. At
its last meeting, the Committee generated three distinct motions regarding workforce housing.
The first motion directs the Administration to ensure compliance with HUD eligibility rules pertaining to
income, as recommended by the Administration. The second motion seeks to pursue the development
of workforce housing for households earning 120 to 140 percent of AMI and employed in education,
public safety and municipal occupations - populations typically ineligible for affordable housing
projects developed with federal funds.
The final motion seeks to explore the possible incorporation of workforce housing on the west side of
the Convention Center Parking Lot (P-Lot) to benefit households employed in education, public safety
and municipal occupations earning 120 to 140 percent of AMl.
Admin istration Recommendation
Motion #1 - Adopt the Resolution.
Motion #2 - Adopt the Resolution.
Motion #3 - The Resolution may impact the Convention Center project timeline and the Administration
is requestinq direction from the Commission.
Ensure Workforce Housing for Key lndustry Workers is Available in Suitable Locations
Supporting Data (Surveys, Environmental Scan, etc.):
38% of residents rate the availability of workforce housing as acceptable/ the right amount.
Financial lnformation :
Source of
Funds:
Amount Account
1 N/A
2
3
OBPI Total
Financial lmpact Summary: No funds are being sought at this time.
Maria Ruiz/ Housing & Community Services
Department Director Asspfiant Gity Manager ffi Manager
MLR \,rV-KcBw JLMA[_
-I --- o, otEm.4MIAMIBEACHolrie lo'2.1-14476
g MIAMI BEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT: 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE clTY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOODS/ COMMUNITY AFFAIRS COMMITTEE AND DIRECTING
THE CITY MANAGER TO UTILIZE TARGETED MARKETING TO PRIOR'T'ZE
PLACEMENT IN THE LONDON HOUSE APARTMENTS AND !N THOSE
BUILDINGS ANTICIPATED TO BE ACQUIRED FROM MIAMI BEACH
COMMUNlTY DEVELOPMENT GORPORATION, BARCLAY PLAZ.A
APARTM E NTS ; LOfi I E APARTM ENTS ; MAD E LE I N E VI LLAG E APARTM ENTS ;
AND NEPTUNE APARTMENTS; BY THOSE HOUSEHOLDS EMPLOYED IN
EDUCATION, PUBLIC SAFETY AND MUNICIPAL OCCUPATIONS AND
EARNTNG Up TO ErcHTy (80) PERCENT AREA MEDIAN INCOME (AMl).
2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOODS/ COMMUNITY AFFAIRS GOMMITTEE AND DIRECTING
THE CITY MANAGER TO PURSUE THE DEVELOPMENT OF WORKFORCE
HOUSTNG FOR HOUSEHOLDS EARNTNG ONE HUNDRED TWENTY (120) TO
oNE HUNDRED FORTY (140) PERGENT OF AREA MEDIAN TNCOME (AMl)
AND UTILIZE TARGETED MARKETING TO PRIORITIZE PLACEMENT BY
THOSE HOUSEHOLDS EMPLOYED IN EDUGATION, PUBLIC SAFETY AND
MU NlCIPAL OCCU PATIONS.
3. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, AGCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOODS/ COMMUNITY AFFAIRS COMMITTEE AND DIRECTING
THE CITY MANAGER TO EXPLORE THE DEVELOPMENT OF WORKFORCE
RENTAL HOUSING TO BE LOCATED ON THE WEST SIDE OF THE
CONVENTION CENTER PARKING LOT; AND FOR THE DEVELOPED
HOUSING TO BENEFIT HOUSEHOLDS EMPLOYED IN EDUCATION, PUBLIC
SAFETY AND MUNICIPAL OCCUPATIONS AND EARNING ONE HUNDRED
TWENTY (120) TO ONE HUNDRED FORTY (140) PERCENT AREA MEDTAN
rNcoME (AMr).
ADMINISTRATION RECOMMENDATION
1. Adopt the resolution.
2. Adopt the resolution.
3. Given the timing of the Convention Center project, the Administration is seeking
direction.
477
October 22,2014
City Commission Meeting
Page 2 of 7
FUNDING
No funds are being requested for this item at this time.
BACKGROUND
At the April 23, 2014 Commission meeting, Commissioner Michael Grieco referred a
discussion on workforce housing to the Neighborhoods/ CommunityAffairs Commiftee. The
Committee addressed the topic at its May 30th meeting where it requested a broader
subsequent presentation including possible development examples, project sites, funding
sources and beneficiary populations. A third discussion was held at the Committee's
September 24th meeting discussing these broader topics.
ANALYSIS
Out of Reach 2014, an annual housing report by the National Low lncome Housing
Coalition, reported that the national affordable housing wage (the income at which a person
can afford a modest rental unit in his/her work market) is $18.92 per hour (or $39,353
annually). ln South Florida, the affordable housing wage is $19.39 per hour (or $40,331
annually). Unfortunately, the typical Florida renter only earns $13.73 per hour (or $28,558
annually). A Florida familyworking at minimum wage would need2.4 full-time wage eamers
to afford a modest, two-bedroom apartment, according to the report.
Many of our community's service industry jobs fall short of the affordable housing wage
threshold includingl:
. Restaurant wait staff ($18,000)
. Pool attendants ($23,000)
. Retail sales associates ($21,000)
1 Median wage information provided by www.salary.com
. Teachers ($40,500)
. Fi refig hte t ($44,253)
. Valets ($17,000)
. Tow truck drivers ($32,000)
. Retail managers ($31,000)
. Police Officer (($4S,tSS;
. Municipal Service Worker I ($43,377)
Many other critical community jobs barely cross the affordable housing wage threshold
including':
. Museum Guards ($39,919) . Recreation Attendant ($38,757)
. Recreation Leader 1 ($43,377) . Waste Collector ($47,132)
. Restaurant Managers (($43,000)
2 Median wage information provided by www.salary.cbm and City of Miami Beach
Workforce housing serves those keyworkforce classifications thatdrive an area's economy.
ln Aspen, Colorado, considered the birthplace of the modern workforce housing movement
and one of the country's most affluent communities, the Aspen Area Community Plan seta
goal of housing 60 percent of its workforce within its city limits in the early 1990s. Aspen
further revised its goals in 2000 seeking to build up to 1 ,300 new employee housing units. lt
should be noted that the median price for homes in the area top $1 million.
Palm Beach County, which employs a variety of tools to increase workforce housing
development, defines its workforce housing beneficiaries as "people employed in the jobs
that the general population of the community relies upon to make the community
economically viable." Furthermore, its "Workforce Housing Program" units are offered to
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October 22,2014
City Commission Meeting
Page 3 of 7
qualified households with incomes from 60 to 140 percentof Area Medium lncome (AMl)". ln
Palm Beach County, the 2014 median income is $63,300 for a family of four. Household
income ranges for a family of four eligible for workforce housing can vary from $37,980 (60%
of AMI) to $88,620 (140Yo of AMI).
ln New York City, a $350 million loan pool has been created to retain and develop affordable
housing for low- and middle-income residents with a focus on households with extremely low
income. This is the first initiative in a broader 1O-year effort to commit $8.2 billion in public
funds to create 80,000 new units and preserve 120,000 existing units of affordable housing,
according to The New York Times. The public funds are expected to be leveraged by up to
$30 billion in private funds.
One of the critical economic decisions that must be made at the onset of a workforce
housing initiative is to determine the income levels of those to be served. While many of the
City's entitlement funds can be used to develop workforce housing, the income limits for
United States Department of Housing and Urban Development (HUD) and State Housing
fnitiatives Program (SHIP) funds are capped at 80 percent and 120 percent of AMl,
respectively. Here are the income level limits for people helped with HUD funds:
2
Person
3
Person
$48,400
Frrpoo tlrrroo f $-Foo [*,+;;
Extremelv Low (3oo/o) Income
Limits
F*F1il-,r- 7',,,-Lors (80o/o) Income Limits $38,100
ln addition, SHIP requires that a minimum of 30 percent of its funds be earmarked to benefit
households with very low income (50 percent of AMI). Therefore, the ultimate beneficiaries
will determine which funding sources can be utilized to develop workforce housing.
lf we were to follow a similar model to Palm Beach County establishing greater income
thresholds to 140 percent AMI and not rely on HUD funds, our City's household income
limits would rise and the base income limits would become:
60% of AMI 100o/o of AMI 140Yo of AMI
s29.040 $48.400 $67,760
As with all real estate, availability, location, size and amenities are driving forces in
determining development costs. The very limited availability of property available for multi-
family development combined with the need to build "up" as opposed to "out" drives up
costs. One way to redress this is to develop mixed used projects that incorporate other
public or community needs as a means of reducing overall cost by firstly addressing
acquisition. These mixed use projects may include:
FY 2Ol4 Income Limit Category
o Public parking (to provide additional public and resident parking)
479
October 22,2014
City Commission Meeting
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o Libraries and similarly purposed public-use facilities (to deliver services to
under-served areas)o Transportation hubs (to promote public transportation and incorporate mass
transit features within residential areas)o Retail stores (to increase commercial opportunities for residential areas
whose residents may have limited transportation as well as employment
opportunities for residents). Grocery stores (to eliminate food deserts and better improve accessibilityfor
those relying on public transportation). Home ownership opportunities (to promote neighborhood investment and
community stability)
As with residential developments in the private marketplace, amenities help lure and retain
tenants. Many amenities are relatively low in cost including:
. Sun decks and barbecue grills . Community event space
. Landscaping to improve curb appeal o Energy-efficient appliances
. On floor laundry rooms . Onsite recycling and bicycle racks
. Ceiling fans and window tinting . Large closets (in-unit storage space)
. Pet-friendly screening policies
While other amenities add to construction costs and may not be eligible for reimbursement
by affordable housing funding sources:
Aside from regulating amenities, funding sources may also cap the amount available for
construction. The maximum HUD subsidy limits for buildings with elevator construction in our
area are:
3 Please note that these construction subsidy limits are to benefit households earning up to 80 percent of AMl.
As an entitlement community, the City receives funds to develop and retain affordable
housing. These funds include:o HOME lnvestment Partnership (HOME)
o State Housing lnitiatives Program (SHIP)
o Community Development Block Grants (CDBG)
The entitlement funds above are awarded to the City based on formula and must benefit
households earning up to 80 percent of AMI (or a maximum household income of $54,400
for a family of four). The City can also directly pursue additional federal funds serving these
same households including:. Section 108 Loan (secured by the City's future HUD allocations)
. Economic Development lnitiative Grant (competitive grant)
. Onsite oarkino . Swimminq pools
. Onsite securitv . Gvm/exercise rooms
. Tot lots/olavorounds . Business centers
. Balconies . Storm windows and hurricane shutters
Maximum HUD
Unit Subsidv3
OBR 1BR 2BR 3BR
$127,279 $145,907 $177,422 $229.526
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October 22,2014
City Commission Meeting
Page 5 of 7
While income limits of up to 80 percent of AMI may apply, the City can also pursue funds
through competitive grants from:
o TD Charitable Foundation
o Florida Community Loan Fund
. Florida Housing Finance Corporation
o Miami-Dade County Surtax Loan
. Miami-Dade County HOME lnvestment Partnership
o Tax-exempt bonds
o State Apartment lncentive Loan (SAIL)
The City can also finance construction via traditional mortgages that would be repaid from
tenant rents or mixed developments that include the sale of units as a means of promoting
home ownership in the community and thus potentially eliminating constraints on household
income limits.
Furthermore, the City can issue a Request For Proposals (RFP) seeking private investment
to develop workforce housing in conjunction with the development of other public services,
i.e. parking. Such partnerships can be further promoted via a variety of incentives to spur
development including :
o Allowing Accessory Dwelling Units (in conjunction with single-family homes
so as to create adjunct housing units)
o Adaptive Reuse (converting outmoded buildings such as hospitals, factories,
train stations, etc.)
. Commercial Linkage (requiring commercial and industrial developers to
either build or fund housing in conjunction with proposed commercial
developments)o Density Bonuses (offered in exchange for the inclusion of workforce units in
a development project)
o Waiver or Reductions of lmpact Fees (one of the most commonly used
tactics)o lnclusionary Zoning (portion of constructed units are set aside for affordable
homeownership)
Finally, in some communities, crowd sourcing is being used as a viable capital tool. ln
Washington, DC, a community that struggles to house its workers within city limits, a local
developer has coupled the influence of the lntemet with the American dream to own property
to sell shares in properties located in distressed neighborhoods. Many of the investors are
long-time residents of the area who would otherwise never see themselves as investors - let
alone property owners. While this approach is new in our country, it has been in place for
several years in England where the high cost of property is a barrier to homeownership for
many.
Each sector of our community faces its own set of development challenges. ln South Beach,
there are veryfew parcels of available land. Most of the available parcels have development
plans and those remaining are too small to create meaningfully impactful developments.
Acquisition costs will be significant because of market demand.
ln Middle Beach (excluding the Collins Avenue corridorwhich is almostfullydeveloped), the
neighborhood's single-family focus and limited multi-family developments make it
challenging to develop projects that provide significant impact while also folding into the
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October 22,2014
City Commission Meeting
Page 6 of 7
surrounding neighborhood. This area is excluded from use of HUD funds because its
census tracts significantly exceed 120 percent AMl.
North Beach offers the best opportunityto pursue workforce housing developments despite
its increasing acquisition costs. The area's current multi-family developments, lower income
households and deteriorating housing stock combine to offer the best opportunities for
meaningful new developments while also offering an opportunityforgreaterarea impact, i.e.
creating jobs, addressing infrastructure gaps, addressing the food desert, spurring additional
investment, etc.
With land scarcity impacting plans, there are inherenteconomies of opportunitywhen pairing
the development of workforce housing with the development or expansion of critical
community services. While parking is the most obvious pairing, there are several others:
. Municipalannex
. Urban footprint grocery store
. lntermodal center
. Cultural programming space
. Child care center
. University/college campus
. Commercialand retail stores
. Community center
As with any development, a survey of community needs and an assessment of development
impacts should be conducted to ensure that projects fulfill a community purpose, serve as a
catalyst for additional investment, and/or add to the overall character and sustainability of the
neighborhood.
When the preceding information was provided, the Neighborhoods/ Community Affairs
Committee held a discussion and generated the following three motions:
Motion #1 - Direct the Administration to open and market its waitlist for the London House
Apartments and the five properties expected to be acquired from Miami Beach Community
Development Corporation to working households meeting the U.S. Department of Housing
and Urban Development (HUD) definition of income eligible eaming up to 80 percent of Area
Median lncome (AMl). AMI for our area is currently $48,400 per year.
Motion #2 - Direct the Administration to pursue the development of workforce housing for
households earning 120 to 140 percent of AMI and utilize targeted marketing to prioritize
service to households employed in education, public safety and municipal occupations.
Motion #3 - Direct the Administration to explore the development of rental workforce
housing on the west side of the Convention Center Parking Lot (P-Lot) to benefit households
employed in education, public safetyand municipal occupations earning 120to 140 percent
of AMl.
At the Committee presentations, the Administration discussed the London House
Apartments and the five properties currently owned by Miami Beach Community
Development Corporation (MBCDC) for which the City has a Letter Of lntent to purchase.
Currently, all of these properties have utilized HUD funds for acquisition and or rehabilitation.
As a result, they must house households whose income does not exceed 80 percent of AMl.
The Committee members affirmed the need for compliance with the HUD income limits for
the London House Apartments and those properties anticipated to be acquired from
MBCDC. Furthermore, the Committee directed the Administration to target income-eligible
persons employed in the education, public safety and municipal industries when the City
officially opens a tenant wait list for these properties. Targeted outreach is an allowable
482
October 22,2014
City Commission Meeting
PageT ofT
strategy. The Administration expects to undertake the opening of a waitlist within 90 days of
the closing of the five properties under LOI to purchase. Targeted marketing can be
employed to ensure that emphasis is placed on the workforce sectors noted.
As to the income threshold for workforce housing, communities throughout the country have
defined income eligibility in many different ways. The Committee's suggestion places an
emphasis on households earning greater than the AMI and, specifically, those employed in
the education, public safety and municipal industries. The higher AMI threshold, 120 to 140
percent, will preclude the use of HUD funds forthese households. Funding forthis effort may
be pursued via public/private partnerships and private financing.
ln addition, as mentioned at the September 24th meeting, the City may pursue the buyout of
any HUD- or State-assisted funds invested in an affordable housing project (an approach for
which we have not found local precedence). However, please note that doing so would also
trigger the Universal Relocation Act and its relocation provisions for any tenant currently
residing in these units. Therefore, while the City may reimburse affordable housing funds in
some instances and reverse the affordable housing restriction on a property, it must also
provide relocation assistance to affected tenants equivalent to 42 months' rent plus
relocation expenses. This last approach is quite costly and can take up to a year.
As to the Committee's final motion of exploring the incorporation of rental wokforce housing
on the west side of the Convention Center parking lot, the current timing and anticipated
benchmarks for the Convention Center project may be adversely impacted by such a pursuit
at this time. Therefore, the Administration would need further direction on this point.
CONCLUSION
The Administration encourages compliance with HUD tenancy rules for the London House
Apartments and the five properties anticipated to be acquired from MBCDC. Therefore, the
Administration recommends the adoption of Motion #1. The Citywill need to create a tenant
waitlist shortly after the final acquisition of these properties and the completion of the
rehabilitation of the London House Apartments. The Administration is prepared to utilize
target marketing to prioritize working households in the education, public safety and
municipal industries, if directed.
The Administration recommends adoption of Motion #2 to pursue the development of
workforce housing for households employed in the education, public safety and municipal
industries and earning 120 to 140 percent of AMl. Such exploration should include industry
review meetings and the possible pursuit of public/private opportunities.
Finally, Motion #3, the exploration of the development of rental workforce housing on the
west side of the Convention Center Parking Lot (P-Lot) to benefit households employed in
education, public safety and municipal occupations earning 120 to 140 percent of AMl, may
impact to the Convention Center project timeline and the Administration is requesting
directifffrom the Commission.
JLM/KGB/MLR
T:\AGENDA\2014\October\Neighborhoods Committee Workforce Housing Motions.doc
483
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND C!ry COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOODS/COMMUNITY
AFFAIRS COMMITTEE AND DIRECTING THE CIry MANAGER TO UTILIZE TARGETED
MARKETING TO PRIORITIZE PLACEMENT IN THE LONDON HOUSE APARTMENTS AND IN
THOSE BUILDINGS ANTICIPATED TO BE ACQUIRED FROM MIAMI BEACH GOMMUNITY
DEVELOPMENT CORPORATION, TO INCLUDE THE BARCLAY PLAZA APARTMENTS; LOTTIE
APARTMENTS; MADELEINE VILLAGE APARTMENTS; ALLEN HOUSE APARTMENTS; AND
NEPTUNE APARTMENTS; AND SPEGIFICALLY TARGETING THOSE HOUSEHOLDS
EMPLOYED IN EDUCATION, PUBLIC SAFEry AND MUNICIPAL OCCUPATIONS AND EARNING
uP TO ETGHTY PERCENT (80%) OF THE AREA MEDTAN TNCOME (AMr).
WHEREAS, the Neighborhoods/Community Atfairs Committee (Committee) discussed
workforce housing at its May 30,2014 meeting; and
WHEREAS, the Committee continued its discussion of workforce housing at its September 24,
2014 meeting specifically addressing eligibility by income groups; and
WHEREAS, on March 13, 2014, the City acquired the London House Apartments, located at
196511975 Washington Avenue, Miami Beach, Florida; and
WHEREAS, on September 9, 2014, the City entered into a Letter of lntent (LOl) to acquire the
following additional buildings from Miami Beach Community Development Corporation: property
located at'1940 ParkAvenue, Miami Beach, Florida (Barclay Plaza Apartments); property located at
530 75th Street, Miami Beach, Florida (Lottie Apartments); property located at7871 Crespi Boulevard,
Miami Beach, Florida (Madeleine Village Apartments); property located at 2001 Washington Avenue,
Miami Beach, Florida (Allen House Apartments); and property located at 1632 Meridian Avenue,
Miami Beach, Florida (Neptune Apartments); and
WHEREAS, the London House Apartments and the buildings which are the subject of said LOI
are the recipients of affordable housing funds from the U.S. Department of Housing and Urban
Development (HUD) funds; and
WHEREAS, HUD regulations require that beneficiary households may earn no more than 80
percent of area median income (AMl); and
WHEREAS, the Allen House Apartments, also anticipated to be acquired pursuant to said LOl,
utilized funding for Florida Housing Finance Corporation which restricts tenancy to elder residents
only and is not included in this targeted marketing effort; and
WHEREAS, the Committee recommended the provision of workforce housing for households
employed in the targeted professions of education, public safety and municipal occupations as having
the potential impact of promoting community stability and investment.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the
recommendation of the Neighborhoods/Community Affairs Committee and direct the City Manager to
utilize targeted marketing to prioritize placement in the London House Apartments and those buildings
anticipated to be acquired from Miami Beach Community Development Corporation, to include the
Barclay Plaza Apartments; London House Apartments; Lottie Apartments; Madeleine Village
484
Apartments; Allen House Apartments; and Neptune Apartments; and specifically targeting those
households employed in the professions of education, public safety and municipal occupations and
earning up to eighty percent (80%) of the area median income (AMl).
PASSED AND ADOPTED this
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
-day
ot 2014.
PHILIP LEVINE, MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
4&
J$/,( Dote
485
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOODS/
GOMMUNITY AFFAIRS COMMITTEE AND DIRECTING THE CITY MANAGER TO PURSUE
THE DEVELOPMENT OF WORKFORCE HOUSING FOR HOUSEHOLDS EARNING FROM
oNE HUNDRED TWENW PERCENT (120%) TO ONE HUNDRED FORry PERCENT (140o/ol
PERCENT OF AREA MEDIAN INCOME; AND FURTHER AUTHORIZING THE USE OF
TARGETED MARKETING TO PRIORITIZE PLACEMENT OF THOSE HOUSEHOLDS
EMPLOYED IN EDUCATION, PUBLIC SAFETY AND MUNICIPAL OCCUPATIONS.
WHEREAS, workforce housing is defined as housing that costs no more than 30 percent
of a household's income; and
WHEREAS, the Neighborhoods/Community Affairs Committee (Committee) discussed
workforce housing at its May 30, 2014 meeting and requested additional information from the
Administration including tenant eligibility; and
WHEREAS, the Committee continued its discussion of workforce housing at its
September 24,2014 meeting specifically addressing eligible income levels; and
WHEREAS, the City currently funds affordable housing for households earning up to 80
percent of Area Median lncome (AMl) utilizing U.S. Department of Housing and Urban
Development (HUD) funds; and
WHEREAS, the Committee determined that there is insufficient affordable housing for
families earning 120o/o to 140% AMI and for those households employed in the education, public
safety and municipal occupations; and
WHEREAS, the City may acquire or jointly develop properties in the future that do not
have the restrictions of HUD funds; and
WHEREAS, the Committee stated that the provision of workforce housing for
households employed in the targeted professions will promote community stability and
investment.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry
COMMISSION OF THE Clry OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhoods/Community Affairs
Committee and direct the City Manager to pursue the development of workforce housing for
households earning from one hundred twenty percent (120Yo) to one hundred forty percent
(140Yo) of Area Median lncome (AMl); and further authorize the use of targeted marketing to
prioritize placement of those households employed in education, public safety and municipal
occupations.
PASSED AND ADOPTED this _day of 2014.
ATTEST:
APPI?OVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Rafael E. Granado, City Clerk Philip Levine, Mayor
486
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM!
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOODS/
GOMMUNITY AFFAIRS COMMITTEE AND DIRECTING THE CITY MANAGER TO EXPLORE
THE DEVELOPMENT OF WORKFORCE RENTAL HOUSING, TO BE LOCATED ON THE
WEST SIDE OF THE CONVENTION CENTER PARKING LOT; FOR AND FOR THE
DEVELOPED HOUSING TO BENEFIT HOUSEHOLDS EMPLOYED IN EDUCATION, PUBLIC
SAFEry AND MUNIGIPAL OCCUPATIONS AND EARNING FROM ONE HUNDRED
TWENTY PERCENT 1120o/ol rO ONE HUNDRED FORTY PERCENT (14O%l OF THE AREA
MEDTAN TNCOME (AM!).
WHEREAS, the Neighborhoods/Community Affairs Committee (Committee) discussed
workforce housing at its May 30,2014 meeting; and
WHEREAS, the Committee continued its discussion of workforce housing at its
September 24,2014 meeting specifically addressing eligibility by income groups; and
WHEREAS, the City currently funds affordable housing projects benefiting households
earning up to 80 percent (80%) Area Median lncome (AMl), utilizing its U.S. Department of
Housing and Urban Development (HUD) funds; and
WHEREAS, the Committee determined that there is insufficient affordable housing for
families earning from 120o/o to 140o/o percent of AMI; and
WHEREAS, the Committee stated that the provision of workforce housing for
households employed in the targeted professions of education, public safety and municipal
occupations will promote community stability and investment; and
WHEREAS, the Committee identified the west side of the Miami Beach Convention
Center parking lot as a possible location for the development of workforce housing that would
also compliment the redevelopment plans for this area; and
WHEREAS, properties located in these targeted areas may be developed in a manner
that does not have the HUD limitation of households earning up to 80 percent of AMl.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND GITY
COMMISSION OF THE Clry OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhoods/Community Affairs
Committee and direct the City Manager to explore the development of workforce rental housing,
to be located on the west side of the Convention Center parking lot; and further authorize the
use of targeted marketing to prioritize placement for the benefit of those households employed
in education, public safety and municipal occupations earning from one hundred twenty per cent
(120o/o) to one hundred forty percent (140%) of the Area Median lncome (AMl).
PASSED AND ADOPTED this day ot 2014.
ATTEST:
APPI?OVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Rafael E. Granado, City Clerk Philip Levine, Mayor
? =, ,,Gn - e/&!tCityAtlorney fir{lT mb-487
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor Philip Levine and Members of the City Commission
Commissioner Michael Grieco
October 22,2014
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, SUPPORTING THE STATE LEGISLATURE'S EFFORTS
TO AMEND SECTION 403.7033, UNDER HOUSE B'LL 1257 AND COMPANION
SENATE BILL 830, WHICH AMENDMENTS WOULD PROVIDE FOR LOCAL
REGULATION AND ENFORCEMENT OF PLASTIC BAGS UNDER THE STATE'S
PROPOSED GUIDELINES; ALTERNATIVELY, SHOULD THE STATUTE NOT BE
AMENDED, THE CITY COMMISSION REQUESTS THE REPEAL OF SECTION
403.7033, FLORIDA STATUTES, SO THAT LOCAL GOVERNMENTS ARE NO
LONGER PREEMPTED FROM ENACTING APPROPRIATE LEGISLATION
RELATING TO THE REGULATION OF PLASTIC BAGS.
The City is extremely active and diligent in the efforts to preserve the beautiful
environment that supports the tourism industry which is so vital to the economy of the City,
Miami-Dade County and the State of Florida. As we are all aware, the use of plastic bags are
detrimental to our community because they do not fully degrade in our oceans or land
environment and they introduce unsafe chemicals into our environment. Further, plastic bags
create the potential for death of (land) and marine animals through entanglement and ingestion.
Moreover, the expansive usage of single-use shopping bags and their typical disposal
rates creates an impediment to the City's waste reduction and recycling goals while creating
unsightly litter. The continued utilization of the single-use plastic bags are difficult to recycle and
frequently contaminate material that is processed through the City's curbside recycling and
composting programs. Reusable bags are considered to be the best option to reduce waste
and litter, protect wildlife and conserve resources.
Based upon the foregoing, it is in the public interest for the City Commission to
encourage and enable the location of a viable reusable bag manufacturing operation in the
State of Florida, and the Florida Legislature to provide statewide deregulation of the proliferation
of single-use shopping bags.
The Florida Legislature under "The Energy, Climate Change, and Economic Security Act
of 2008", enacted House Bill 7135, creating Section 403.7033, Florida Statutes, which requires
the Florida Department of Environmental Protection (DEP) to perform an analysis and submit a
report to the Legislature by February 1, 2010 regarding the necessity and efficacy of both
statewide and local regulation of bags used by consumers to carry products from retail
establishments. The statute also provides that until such time that the Legislature adopts the
Agenda ttem A1G _
oate l0-22-lU488
Revisrbns to 403.7033, F.5., Resolution
Page 2 of 2
recommendations of DEP, no local or state government may enact any regulation or tax on the
use of such retail bags. The DEP analysis determined a need for new or different regulations of
bags used by customers to carry products from retail establishments and recommend the
implementation of new standards requiring the prohibition of plastic carryout bags encourages
the use of reusable bags is to the benefit of the State's environment.
This year House Bill 1257 was proposed in the state legislature, along with companion
Senate Bill 830, which bills propose: an amendment to Section 403.7033; which would provide
legislative findings; deleting obsolete provisions; create definitions; create statewide standards
for reusable bags and recyclable paper bags for stores located within a county or municipality
that adopts ordinances pursuant to the statute; would require affected stores to charge
customers a fee for each recyclable paper bag provided; would prohibit affected stores from
providing plastic carryout bags or other types of bags; would provide for the allocation of fees
collected, reporting requirements for affected stores; and authorizing local governments to
impose a penalty and create ordinances to regulate the use of carryout bags to adopt
ordinances pursuant to the statute. Through the proposed bills, the Legislature has indicated a
legislative belief that it is necessary and appropriate to adopt uniform statewide standards
prohibiting the use of plastic carryout bags, which would authorize local governments to adopt
these regulation by local ordinance. The bill is being amended and has not been enacted
I encourage the Mayor and City Commission to support me in the the effort to petition
the legislature to amend Section 403.7033, under both House Bill 1257 and the companion
Senate Bill 830; and support the enactment of the bills, and, alternatively, requests that Section
403.7033, Florida Statutes, be repealed, so that the City of Miami beach and other local
governments can enact appropriate legislation relating to the regulation of plastic bags.
489
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SUPPORTING THE STATE LEGISLATURE'S
EFFORTS TO AMEND SECTION 403.7033, UNDER HOUSE BILL 1257 AND
COMPANION SENATE BILL 830, WHICH AMENDMENTS WOULD PROVIDE
FOR LOCAL REGULATION AND ENFORCEMENT OF PLASTIC BAGS
UNDER THE STATE,S PROPOSED GUIDEL!NES; ALTERNATIVELY,
SHOULD THE STATUTE NOT BE AMENDED, THE CITY COMMISSION
REQUESTS THE REPEAL OF SECTION 403.7033, FLORIDA STATUTES, SO
THAT LOCAL GOVERNMENTS ARE NO LONGER PREEMPTED FROM
ENACTING APPROPRIATE LEGISLATION RELATING TO THE REGULATION
OF PLASTIC BAGS.
WHEREAS, the City Commission of the City of Miami Beach is diligent in
its efforts to preserve the beautiful environment that supports the tourism industry
which is so vital to the economy of the City, Miami-Dade County and the State of
Florida; and
WHEREAS, plastic bags are detrimental because they do not fully
degrade in our oceans or land environment and they introduce unsafe chemicals
into our environment; and
WHEREAS, plastic bags create the potential for death of (land) and
marine animals through entanglement and ingestion; and
WHEREAS, the expansive usage of single-use shopping bags and their
typical disposal rates creates an impediment to the City's waste reduction and
recycling goals while creating unsightly litter; and
WHEREAS, single-use plastic bags are difficult to recycle and frequently
contaminate material that is processed through the City's curbside recycling and
composting programs; and
WHEREAS, reusable bags are considered to be the best option to reduce
waste and litter, protect wildlife and conserve resources; and
WHEREAS, Commission acknowledges that some businesses have
taken affirmative steps to accomplish this goal and recognizes their proactive
efforts; and
WHEREAS, it is in the public interest for the Commission to encourage
and enable the location of a viable reusable bag manufacturing operation in the
State of Florida; and
WHEREAS, it is in the public interest for the Florida Legislature to provide
statewide deregulation of the proliferation of single-use shopping bags; and
490
WHEREAS, the Florida Legislature under "The Energy, Climate Change,
and Economic Security Act of 2008", enacted House Bill 7135, creating Section
403.7033, Florida Statutes; and
WHEREAS, Section 403.7033 requires the Florida Department of
Environmental Protection (DEP)to perform an analysis and submit a report to the
Legislature by February 1,2010 regarding the necessity and efficacy of both
statewide and local regulation of bags used by consumers to carry products from
retail establishments; and
WHEREAS, the statute also provides that until such time that the
Legislature adopts the recommendations of DEP, no local or state government
may enact any regulation or tax on the use of such retail bags; and
WHEREAS, the DEP analysis determined a need for new or different
regulations of bags used by customers to carry products from retail
establishments and recommend the implementation of new standards requiring
the prohibition of plastic carryout bags encourages the use of reusable bags is to
the benefit of the State's environment; and
WHEREAS, this year House Bill 1257 was proposed in the state
legislature, along with companion Senate Bill 830, which bills propose: an
amendment to Section 403.7033; which would provide legislative findings;
deleting obsolete provisions; create definitions; create statewide standards for
reusable bags and recyclable paper bags for stores located within a county or
municipality that adopts ordinances pursuant to the statute; would require
affected stores to charge customers a fee for each recyclable paper bag
provided; would prohibit affected stores from providing plastic carryout bags or
other types of bags; would provide for the allocation of fees collected, reporting
requirements for affected stores; and authorizing local governments to impose a
penalty and create ordinances to regulate the use of carryout bags to adopt
ordinances pursuant to the statute; and
WHEREAS, through the proposed bills, the Legislature has indicated a
legislative belief that it is necessary and appropriate to adopt uniform statewide
standards prohibiting the use of plastic carryout bags, which would authorize
local governments to adopt these regulation by local ordinance; and
WHEREAS, the bill is being amended and has not been enacted; and
WHEREAS, the City Commission supports the efforts to amend Section
403.7033, under House Bil 1257 and companion Senate Bill 830 and supports
the enactment of the bills, and, alternatively, requests that Section 403.7033,
Florida Statutes, be repealed, so that local government can enact appropriate
legislation relating to the regulation of plastic bags.
491
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 support the State Legislature's efforts to amend Section
403.7033, under House Bill 1257 and companion Senate Bill 830, which
amendments would provide for local regulation and enforcement of plastic bags
under the State's proposed guidelines; and, alternatively, should the legislation
not be enacted, the City Commission requests that the State Legislature repeal
Section 403.7033, Florida Statutes, so that local governments are no longer
preempted from enacting appropriate legislation relating to the regulation of
plastic bags.
PASSED AND ADOPTED this _ day of
ATTEST:
Rafael Granado, City Clerk
2014.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
492
THIS PAGE INTENTIONALLY LEFT BLANK
493
g 1v'\iAt"'r IBIACH
City of Miomi Beoch, l/00 Convention Cenier Drive, Miomi Beocn. Florido 33139. www.rniomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
Jimmy L. Morales, City Manager
FROM: Raul Aguila, City Attorn"y[*1- kt(-
DATE: October 22,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, PROCLAIMING OCTOBER 24, 2014,'TEACHER AND
SCHOOL STAFF BREAST CANCER SCREENING DAY IN THE CITY OF MIAMI
BEACH;" AND RECOGNIZING THE COLLABORATION OF THE CITY OF MIAMI
BEACH/MIAMI BEACH CHAMBER OF COMMERCE HEALTHCARE TASKFORCE,
MIAMI-DADE COUNTY PUBLIC SCHOOLS, AND THE MOUNT SINAI
COMPREHENSIVE CANCER CENTER IN THEIR EFFORTS TO PROMOTE
PREVENTIVE HEALTH MEASURES IN OUR COMMUNITY DURING NATIONAL
BREAST CANCER AWARENESS MONTH.
Pursuant to the request of Commissioner Deede Weithorn, a resolution was prepared to
proclaim October 24,2014, "Teacher and School Staff Breast Cancer Screening Day in the City
of Miami Beach."
The City of Miami Beach and Miami Beach Chamber of Commerce (CMB/MBCC) Healthcare
Taskforce focuses on health issues and raises awareness for the value of preventive healthcare
in the City. The Taskforce's efforts have included advocating for and raising funds for
healthcare services in the City's schools and for generally raising awareness of the value of
preventative health care.
The current project arose out of a Taskforce's discussion on how to help the City's educators
better utilize preventive health screenings available in the City. ln recognition of October as
National Breast Cancer Awareness month, a goal was set to promote breast cancer screening
among educators and school staff as one of its initiatives.
The goal of screening exams for breast cancer is to find cancers before they start to cause
symptoms (like a lump that can be felt). According to the National Cancer lnstitute, breast
cancer screening and early detection reduces mortality due to breast cancer by 15o/o to 20o/o.
The Taskforce collaborated with Mount Sinai Medical Center and the Miami Dade County Public
Schools (MDCPS) to actively support screening by creating a "Teacher and School Staff Breast
Cancer Screening Day." The Miami Dade County Public Schools officially encouraged its staff
members to schedule routine breast cancer screenings at Mount Sinai's Lila and Harold
Menowitz Comprehensive Breast Center on the next available teacher-planning day, October
24, 2014. MDCPS staff also will be onsite to provide teachers and school staff with additional
wellness information.
Mount Sinai has waived any co-pays or fees, provided expedited scheduling, free valet, and
Agenda Item R7 H
Date l0^?A-l{494
Commission Memorandum
October 22, 2014
Breast Cancer Screening Day
Page 2 of 2
other amenities for Teacher and School Staff Breast Cancer Screening Day. Additionally, during
the entire month of October, Mount Sinai offers free or reduced cost breast cancer screenings
for anyone in need of a breast cancer screening.
Conclusion
The Administration recommends that the City Commission adopt the attached Resolution, which
proclaims October 24,2014, "Teacher and School Staff Breast Cancer Screening Day in The
City of Miami Beach."
i 'l 'r:ilr'
"_''
495
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, PROCLAIMING OCTOBER
24, 2014, ''TEACHER AND SCHOOL STAFF BREAST CANCER
SCREENING DAY lN THE CITY OF MIAMI BEACH;" AND
RECOGNIZING THE COLLABORATION OF THE CITY OF MIAM!
BEACH/MIAM! BEACH CHAMBER OF COMMERCE HEALTHCARE
TASKFORGE, MIAMI.DADE COUNW PUBLIC SCHOOLS, AND THE
MOUNT SINAI COMPREHENSIVE CANCER CENTER IN THEIR
EFFORTS TO PROMOTE PREVENTIVE HEALTH MEASURES IN OUR
COMMUNITY DURING NATIONAL BREAST CANCER AWARENESS
MONTH.
WHEREAS, the Mount Sinai Comprehensive Cancer Center is a nationally recognized,
award-winning facility that utilizes a collaborative, multidisciplinary approach to diagnosing and
treating cancer; and
WHEREAS, except for skin cancers, breast cancer is the most common type of cancer
among women in the United States; and
WHEREAS, the National Cancer lnstitute has proven that early detection of breast
cancer reduces mortality rates; and
WHEREAS, October is National Breast Cancer Awareness Month, which is an annual
campaign promoted by leading nonprofit and government agencies to increase awareness of
the disease; and
WHEREAS, the City desires to recognize and proclaim October 24,2014, as "Teacher and
School Staff Breast Cancer Screening Day," and the City's partners will assist in providing the
screening opportunity to the teachers and administrative staff within the public school system.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the City hereby proclaims
October 24,2014, "Teacher And School Staff Breast Cancer Screening Day in the City of Miami
Beach;" and recognizes the collaboration of the City of Miami Beach/Miami Beach Chamber of
Commerce Healthcare Taskforce, Miami-Dade County Public Schools and the Mount Sinai
Comprehensive Cancer Center's efforts to promote preventive health measures in our
community during National Breast Cancer Awareness Month.
PASSED and ADOPTED this
ATTEST:
day of October, 2014.
Philip Levine, Mayor
APPROVED AS TO
rONU & LANGUAGE
& FOR EXECUTION
lcr (*(r+
ity Attorney
Rafael E. Granado, City Clerk
Doie
496
{t! ,il* *
[.] \t', its?'
.qwv
'i;, j
,ffi
\
Educators shape lives. Breast screenings save lives.
SCHEDULE YOUR DIGITAL SCREENING OR
DIAGNOSTIC MAMMOGRAM TODAY!
lf you have insurance, screening mammograms are free of charge year-round, no copays or deductibles.
lf you are an uninsured Miami-Dade County Public School employee, we are pleased to offer you a
FREE screening mammogram on this day. Reservation required.
All educators will receive:
Complimentary Valet Parking Refreshments A Free Gift
Call 3O5.535.3434
to schedule your appointment, and mention you are a public
school teacher or staff member when you register. Be sure
to bring your school LD. with you to your appointment.
497
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing the City Manager or his deslgnee to submit a Request for lnclusion on the
State of Florida, Department of Envirnomental Protection State Revolving Fund Loan (SRF) Priority List,
and if approved, authorizing the Adminsitration to submit an application to the SRF and execute a loan
ent for Plannino funds to finance stormwater bond
Key lntended Outcome Supported:
Ensure reliable storm water management and resiliency against flooding by implementing select short
and longterm solutions including addressing sea-level rise.
Supporting Data:
"Addressing flooding" was listed by 11o/o of residents as one of the ways to improve the qulity of life in
MiamiBeach.
Item Summary/Recommendation :
Approve and authorize the City Manager or his designee to take the following actions: '1) submit to the
State of Florida, Department of Environmental Protection, a Request for lnclusion on the Clean Water
State Revolving Fund (CWSRF) Priority List; 2) Submit to the State of Florida, Department of
Environmental Protection, a loan application for planning funds from the Clean Water State Revolving
Fund Program; and, 3) Establish pledged revenues and execute a loan agreement for planning funds
the State ino Fund to finance stormwater bond proiects.
Fi nancial lnformation :
City Clerk's Office Legislative Tracking:
Source of
Funds:
Amount Account
1
2
3
Total
Financial lmpact Summary: lnterest rate savings are estimated al 2% on proposed stormwater
projects on approximately $302,900,000 in proposed stormwater bond projects.
Judy Hoanshelt, Grants Manager, Office of Budget and Performance lmprovement
Sign-Offs:
Department Director Assistant City Manager .City Manager
)n
,/
AGENDA ITEi'
DATE
R1T
t0 - Lz^ luMIAMIBEACH498
MIAMIBEACH
City of Miomi Beoch,1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
FROM:
DATE:
Mayor Philip Levine and Members ofthe CitV Co#ission
Jimmy L. Morares, city Manaser tt.-1 A_=
October 22,2014 \
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH APPROVING AND AUTHORIZING THE C!ry MANAGER
OR HIS DESIGNEE TO TAKE THE FOLLOWING AGTIONS: 1) SUBMIT TO
THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL
PROTECTION, A REQUEST FOR INCLUSION ON THE CLEAN WATER
STATE REVOLVING FUND (CWSRF) PRlORlw LIST; 2) SUBMIT TO THE
STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, A
LOAN APPLICATION FOR PLANNING FUNDS FROM THE CLEAN WATER
STATE REVOLVING FUND PROGRAM; AND, 3) ESTABLISH PLEDGED
REVENUES AND EXECUTE A LOAN AGREEMENT FOR PLANNING FUNDS
THROUGH THE STATE REVOLVING FUND PROGRAM TO FINANCE
PROPOSED STORMWATER BOND PROJECTS; APPROVING AND
AUTHORIZING THE APPROPRIATION OF THE ABOVE FUNDS, INCLUDING
ANY CITY EXPENSES; AND FURTHER AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO TAKE ALL NECESSARY STEPS AND EXECUTE ALL
NEGESSARY DOCUMENTS RELATED TO THE ABOVE ACTIONS AND TO
PROVIDE THE ASSURANCES AND COMMITMENTS REQUIRED BY THE
LOAN APPLICATION
ANALYSIS
The Clean Water State Revolving Fund (CWSRF) Loan program is managed by Florida
Department of Environmental Protection and makes funds available, primarily to local
governments, for Clean Water and Drinking Water State Revolving Fund projects. The
estimated interest savings over the life of the bonds is 2o/o and the Administration
intends to finance approximately $302,900,000 in proposed stormwater bond projects.
The CWSRF provides financial savings through low-interest loans for projects that
benefit the environment, including protection of public health and conservation of local
watersheds. Federal and state contributions fund the loans for a wide variety of
projects including stormwater, watershed protection or restoration, water reuse and
conservation projects. CWSRF monies are then loaned to communities at lower than
market rate interest-rates, and loan repayments are recycled back into the program to
fund additional water quality protection projects. The revolving nature of these
programs provides for an ongoing funding source that will last far into the future.
Florida Administrative Code rules require authorization to apply for loans, to establish
pledged revenues, to designate an authorized representative; to provide assurances of
compliance with loan program requirements; and to enter into a loan agreement.
499
Commission Memorandum
Page 2
SRF in Florida
The Clean Water SRF Program began in 1989 and over $2 billion in loans have been
made by the Florida Department of Environmental Protection.
lnterest Rates
The CWSRF financing rate is determined using the Bond Buyer 20-Bond GO lndex
average market rate for the full weeks occurring during the three months in the
preceding fiscal quarter and applying that average rate to a formula which also uses
the affordability index and population served or to be served as variables in the
calculation. There are up to 1.2o/o in additional rate reductions that may be assessed
based on Davis Bacon requirements, Buy American requirements, asset management
plan, and "green" projects.
Clean Water State Revolvino Fund Loan Prooram (CWSRF)
Funds are made available for Planning, Design and Construction Loans. The Loan
Terms include a 20-year amortization and low-interest rates. Preconstruction loans are
available to all communities and provide up-front disbursements for administrative
services, project planning and project design. Financing rates vary based on the
median household income, the poverty index, and the unemployment index.
On June 10, 2014, the Water Resources Reform and Development Act of 2014 was
signed into law. Among its provisions are amendments to Titles l, ll, V and Vl of the
Federal Water Pollution Control Act (FWPCA). These amendments require the
Department of Environmental Protection to include Davis-Bacon wage rates and
American lron and Steel provisions in all loan agreements. To offset the additional
costs that result from these new requirements, the base financing rate will be reduced
by 1.0 percent in all construction agreements. Additionally, these amendments will
require the development and implementation of a fiscal sustainability plan for all
construction loans. This plan must be accepted and implemented prior to the final
construction loan disbursement.
The Administration intends to apply for CWSRF and enter into a loan agreement with
the Department of Environmental Protection under the State Revolving Fund for project
financing for the City's stormwater projects. The process for SRF is: 1) Submit a
Request for lnclusion to the State for inclusion on the CWSRF. The information
contained in the RFI will be used to determine a priority score for our project; the
priority score will be used to rank our project on the SRF priority list. Only projects
ranked on the fundable portion of the priority list will receive consideration for a loan.
Projects on the fundable portion of the priority list will then be asked to submit a loan
application form. Project costs incurred before a SRF loan agreement is executed or
an authorization to incur costs is provided are ineligible for reimbursement.
lf the City's project is placed on the Priority List by the State, the Administration will
submit a loan application for Planning funds in the upcoming SRF cycle. ln addition to
the Planning application, the Administration also intends to submit an application for
design and construction funds in 2015. Priorto receiving the Planning Loan, the City
will need to provide a Planning Document to the State which outlines details of the
project, financial feasibility, environmental effects, cost comparisons and results of the
required public participation meeting. The Administration will present a separate
Resolution to the Commission requesting approval to submit a loan application for
500
Commission Memorandum
Page 3
construction funding. The City is required to provide the assurances and commitments
required by the loan application and to establish pledged revenues. The pledged
revenues will be net stormwater revenues. The proposed Stormwater Bond Projects to
be funded through this program are estimated at approximately $302,900,000.
CONCLUSION
A Resolution of the Mayor and City Commission of the City of Miami Beach approving
and authorizing the City Manager or his designee to take the following actions: 1) submit
to the State of Florida, Department of Environmental Protection, a Request for lnclusion
on the Clean Water State Revolving Fund (CWSRF) Priority List; 2) Submit to the State
of Florida, Department of Environmental Protection, a loan application for planning funds
from the Clean Water State Revolving Fund Program; and, 3) Establish pledged
revenues and execute a loan agreement for planning funds through the State Revolving
Fund Program to finance proposed stormwater bond projects; approving and authorizing
the appropriation of the above funds, including any city expenses; and further
authorizing the City Manager or his designee to take all necessary steps and execute all
necessary documents related to the above actions and to provide the assurances and
commitments required by the loan application.
JLM/PDW/JW/JMH
T:\AGE N DA\20 1 4\October 20 1 4\Grants Memo.doc
501
RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH APPROVING AND AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS: 1) SUBMIT TO THE
STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION,
A REQUEST FOR INCLUSION ON THE CLEAN WATER STATE REVOLVING
FUND (CWSRF) PRlORlry LIST; 2) SUBMIT TO THE STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL PROTECTION, A LOAN APPLICATION
FOR PLANNING FUNDS FROM THE CLEAN WATER STATE REVOLVING
FUND PROGRAM; AND, 3) ESTABLISH PLEDGED REVENUES AND
EXECUTE A LOAN AGREEMENT FOR PLANNING FUNDS THROUGH THE
STATE REVOLVING FUND PROGRAM TO FINANCE PROPOSED
STORMWATER BOND PROJECTS; APPROVING AND AUTHORIZING THE
APPROPRIATION OF THE ABOVE FUNDS, INCLUDING ANY CITY
EXPENSES; AND FURTHER AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO TAKE ALL NECESSARY STEPS AND EXECUTE ALL
NECESSARY DOCUMENTS RELATED TO THE ABOVE ACTIONS AND TO
PROVIDE THE ASSURANGES AND COMMITMENTS REQUIRED BY THE
LOAN APPLICATION
WHEREAS, the Clean Water State Revolving Fund (CWSRF) Loan program is
managed by Florida Department of Environmental Protection and makes funds
available, primarily to local governments, for Clean Water and Drinking Water SRF
projects; and
WHEREAS, the Administration intends to apply for a State Revolving Fund Loan
to finance approximately $302,900,000 in proposed stormwater bond projects and if
approved, the estimated interest savings over the life of the bonds will be
approximalely 2o/o; and
WHEREAS, the CWSRF provides financial savings through low-interest loans
for projects that benefit the environment, including protection of public health and
conservation of local watersheds; and
WHEREAS, CWSRF monies are then loaned to communities at lower than
market rate interest-rates, and loan repayments are recycled back into the program to
fund additional water quality protection projects and the revolving nature of these
programs provides for an ongoing funding source that will last far into the future; and
WHEREAS, Florida Administrative Code rules require authorization to apply for
loans, to establish pledged revenues, to designate an authorized representative; to
provide assurances of compliance with loan program requirements; and to enter into a
loan agreement; and
502
WHEREAS, the Clean Water SRF Program began in 1989 and over $2 billion in
loans have been made by the Florida Department of Environmental Protection and the
CWSRF financing rate is determined using the Bond Buyer 2O-Bond GO Index average
market rate for the full weeks occurring during the three months in the preceding fiscal
quarter and applying that average rate to a formula which also uses the affordability
index and population served or to be served as variables in the calculation, there are
up to 1 .2o/o in additional rate reductions that may be assessed based on Davis-Bacon
requirements, Buy American requirements, asset management plan, and "green"
projects; and
WHEREAS, funds are made available for planning, design and construction
loans and the loan terms include a 2}-year amortization and low-interest rates and
financing rates vary based on the median household income, the poverty index, and
the unemployment index; and
WHEREAS, on June 10, 2014, the Water Resources Reform and Development
Act of 2Q14was signed into law and among its provisions are amendments that require
the Department of Environmental Protection to include Davis-Bacon wage rates and
American lron and Steel provisions in all loan agreements, therefore, to offset the
additional costs that result from these new requirements, the base financing rate is
reduced by 1.0 percent in all construction agreements and these amendments will
require the development and implementation of a fiscal sustainability plan for all
construction loans which must be accepted and implemented prior to the final
construction loan disbursement; and
WHEREAS, the Administration intends to apply for a CWSRF loan and enter
into a loan agreement with the Department of Environmental Protection for prolect
financing of the City's stormwater projects; and
WHEREAS, the process for SRF is to submit a Request for lnclusion (RFl) to
the State for inclusion on the CWSRF and the information contained in the RFI will be
used to determine a priority score for the city's project; the priority score will be used to
rank our project on the SRF priority list and only projects ranked on the fundable
portion of the priority list will receive consideration for a loan; projects on the fundable
portion of the priority list will then be asked to submit a loan application form and any
project costs incurred before a SRF loan agreement is executed or an authorization to
incur costs is provided are ineligible for reimbursement; and
WHEREAS, if the City's project is placed on the Priority List by the State, the
Administration will submit a loan application for planning funds in the upcoming SRF
cycle, in addition to the Planning application, the Administration will also submit a loan
application for design and construction funds; and
WHEREAS, prior to receiving the planning loan, the City will need to provide a
Planning Document to the State which outlines details of the project, financial
feasibility, environmental effects, cost comparisons and a results of the required public
participation meeting, therefore, the Administration will present a separate Resolution
to the Commission requesting approval to submit a loan application for construction
funding; and
503
WHEREAS, the City is required to provide the assurances and commitments
required by the loan application and to establish pledged revenues, as such, the
pledged revenues will be net stormwater revenues, the proposed Stormwater Bond
Projects to be funded are estimated at approximately $302,900,000; and
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission
Beach approve and authorize the City Manager or his designee to take the following
actions: 1) submit to the State of Florida, Department of Environmental Protection, a
Request for lnclusion on the Clean Water State Revolving Fund (CWSRF) Priority List;
2) Submit to the State of Florida, Department of Environmental Protection, a loan
application for planning funds from the Clean Water State Revolving Fund Program; and,3) Establish pledged revenues and execute a loan agreement for planning funds
through the State Revolving Fund Program to finance proposed stormwater bond
projects; approving and authorizing the appropriation of the above funds, including any
city expenses; and further authorizing the City Manager or his designee to take all
necessary steps and execute all necessary documents related to the above actions and
to provide the assurances and commitments required by the loan application.
PASSED and ADOPTED this day of 2014.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
JLM/PDW/JWJMH
T:\AGENDA9O1 4\October 201 4\Grants Memo.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City AttomeY
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505
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing the City Manager to reallocate $122,492.44 of FY 201412015 HOME lnvestment
Partnerships Program (HOME) funds; amend the FY 201412015 Action Plan accordingly; issue a notice of a thirty
(30) day public comment period and scheduling a public meeting on the proposed Substantial Amendment to the
City's FY 201412015 Action Plan; and reallocate the aforesaid amount of home funds to the Canfour Harding
Supporting Data (Surveys, Environmental Scan, etc.):
N/A
ltem Summary/Recommendation :
An Administration review found that, due to the lack of appropriate expenditure of HOME funds, the City was
faced with the possibility of the de-obligation/recapture of $185,272 of HOME funds.Staff evaluated its options
and determined that a project being undertaken by Carrfour Supportive Housing, lnc. (Carfour), the Harding
Village Apartments, offered the best opportunity to mitigate this possible loss.
Staff worked diligently with Canfour and otherc to expedite the policy steps required to accomplish this. However,
time constraints were so limited that it became evident that the City Commission approved a one-time advance
drawdown for this Canfour project as memorialized in Resolution No. 2014-28750. The advance drawdown could
not be processed until the last day allowed by HUD (September 26) because Canfour needed prior approval for
any loans to this project from the City of Miami that was not disclosed to the City until August 27th. This approval
could not be obtained until the City of Miami's Loan Committee convened on the moming of September 26th.
On September 26th, all actions for that day were being canied out by Housing & Community Services staff as
planned including the draw of funds in the City's Eden fiscal system. Unfortunately, due to a miscommunication
between Housing & Community Services and the Finance Department, the drawdown action was not fully
completed until Monday, September 29th. HUD recaptured the funds at 12:01am on September 27th.
Since the City is contractually obligated to provide the funding to Carrfour to complete the project, it was
necessary to identify an altemative source of funding to replace the $185,272. Therefore, staff reviewed its
existing HOME Program funds to determine the amount of uncommitted funds available for allocation to this
project. This resulted in the identification of $62,779.56 of cunently available funds leaving a remaining shortfall of
$122,492.44. ln addition, since cost projections for the rehabilitation of the London House Apartments project
came in slightly lower than budgeted, a reallocation of these excess funds can provide coverage of the remaining
shortfall.
Administration Recommendation - Adopt the Resolution
Financial lnformation :
Source of
Funds:
Amount Account
1 $122,492.44 Account Number: 1 82-5231 -000349
2 $62,779.56 Account Number: 1 81 -5230-000349
3
OBPI Total $185,272.00
Financial lmpact Summary:
Maria Rui/ Housing & Community Services
,,,, RJ f,
s,f]G l)-Lz-(q
AGEil'lDA lTEllilMIAMIBEACH506
C MIAMIBEACH
Cary oJ Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and
Jimmy L. Morales, City Manager
October 22,2014
SUBJECT: A RESOLUTION OF THE MA AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH,APPROVING AND AUTHORIZING THE
CITY MANAGER TO REALLOCATE $122,492.4 OF FY 201N2015 HOME
INVESTMENT PARTNERSHIPS PROGRAM (HOME) FUNDS; AMEND THE
FY 201412015 ACTION PLAN; ISSUE A NOTIGE OF A THIRTY (30) DAY
PUBLIC COMMENT PERIOD AND SCHEDULING A PUBLIC MEETING ON
THE PROPOSED SUBSTANTIAL AMENDMENTS TO THE CITY'S FY
201412015 ACTION PLAN; AND REALLOCATE THE AFORESAID AMOUNT
OF HOME FUNDS TO THE CARRFOUR HARDING VILLAGE PROJECT.
ADMINISTRATION RECOMM ENDATION
Adopt the Resolution.
BACKGROUND
The City is an entitlement community designated by the U.S. Department of Housing and Urban
Development (HUD) and as determined by the decennial census information on population
growth lag, age of housing stock, and poverty. As an entitlement community, the City qualifies
for an annual allocation under HUD's grant programs. The HOME lnvestments Partnership
Program (HOME) was established in 1992 to provide funding specifically for affordable housing.
HUD allocates these housing funds to strengthen public/private partnerships and expand the
supply of affordable housing that is decent, safe and sanitary.
The HOME Program has timeliness requirements regarding the expenditure of funds. HOME
funds must be committed to a project within two years of City's receipt, and expended within five
years. HUD further requires its entitlement jurisdictions to ensure that funded activities are
carried out in the defined project scope and within the timeframe allowed. The City's Action
Plan, an annual document which defines how the City will utilize its HUD funds, is monitored
throughout the year to ensure compliance with federal regulations and progress towards the
National Objective, which stipulates that HOME-funded activities must create housing units that
benefit low- and moderate-income persons who earn at or below 80% of the Area Median
!ncome (AMl).
From time-to-time, it is necessary for the City to process a "Substantial Amendment" to the Five-
Year Consolidated Plan or the One Year Action Plans to allow for the funding of new activities,
modification of existing activities, or other program administrative actions. The City is required
by HUD [24 CFR 91.505 (b)] to identify the criteria to be used in determining if a proposed
action will be considered a "substantial amendment", as follows:
TO:
FROM:
DATE:
the Ci
B'","'
507
Commission Memorandum - Carrfour Funding Reallocation
October 22,2014
Page 2 of 3
. Addition of a new activity or project not previously described in the Consolidated or
Action Plan;. Deletion of an activity or project previously described in the Consolidated or Action Plan;o Change in the purpose, scope, location or beneficiaries of an activity or project
previously described in the Consolidated or Action Plan;o Change in the use of funds from one eligible activity or project to another previously
described in Consolidated or Action Plan; andlor. A cumulative change in the use of funds from an eligible activity to another eligible
activity that decreases an activity's funding by 10o/o or more or increases an activity's
funding by 1Oo/o or more during the fiscal year.
Any proposed amendment that is considered a substantial amendment is subject to the Citizen
Participation process; requires formal action by the City Commission; and requires approval by
HUD. Furthermore, a thirty (30) day public notice is required to provide the opportunity for the
public to review and comment on the proposed substantial amendments to the City's FY 2008
through 2013 Action Plans. The City will also include a notice of a public meeting on the
proposed substantial amendments. The City will consider all comments or views received from
the public concerning proposed substantial amendments in accordance with 24 CFR 91.105 (c)
(3). A summary of these comments and views shall be attached to the substantial amendment
submitted to HUD.
ANALYSIS
When the current Administration assumed duty, it conducted a review of all operations, funding
agreements and fiscal operations of its HUD-funded activities. The review found that, due to the
lack of appropriate management and monitoring of the timely allocation, commitment, and
expenditure of HOME funds, the City was faced with the possibility of the de-
obligation/recapture of $185,272 of HOME funds based on its September 30,2014 expenditure
deadline. This condition is also related to the City's history of allocating all of its HOME funds to
Miami Beach Community Development Corporation (MBCDC). Due to that organization's
inability to successfully complete some of the proposed projects, and the City's need to cancel
projects and recapture the funds, the City needed to adjust its funding/spending to meet the
required expenditure deadline.
Staff evaluated its options and determined a course of action to mitigate the pending loss of
funds. A project being undertaken by Carrfour Supportive Housing, lnc. (Carrfour) that had
already been targeted for City support was identified as a project that could be modified, and its
timeline accelerated, to allow for the timely expenditure of funds. This Carrfour property is
known as Harding Village Apartments and is located at 8520 Harding Avenue.
Staff worked diligently with Carrfour, the State Historic Preservation Office (SHPO), and HUD to
expedite the policy steps that were required to bring this action to fruition. However, the time
constraints were so limited that it became evident that the City would need to provide an
advance draw to Carrfour so that the expenditure deadline could be satisfied. Therefore, at its
September 10,2014 Commission Meeting, the City Commission approved a one-time advance
drawdown forthis Carrfour project as memorialized in Resolution No. 2014-28750. The advance
drawdown could not be processed until the last day allowed by HUD (September 26) because
Carrfour needed prior approval for any loans to this project from the City of Miami (an initial
project investor) that was not disclosed to the City until August 27th. This prior approval could
508
Commission Memorandum - Carrfour Funding Reallocation
October 22,2014
Page 3 of 3
not be obtained until the City of Miami's Loan Committee convened on the morning of
September 26th.
On September 26th, all actions for that day were being carried out by Housing & Community
Services staff as planned including the draw of funds in the City's Eden fiscal system. lt was
anticipated that the drawdown in the HUD system would be completed. Unfortunately, due to a
miscommunication between Housing & Community Services and the Finance Department, the
drawdown action was not fully completed until Monday, September 29th. HUD recaptured the
funds al l2:O1am on September 27th.
Subsequent to an internal review of this failure, the Housing & Community Services employee
that handled this transaction was dismissed for her role in the failure. !n addition, future HUD
draws subject to deadlines will be communicated to the Finance Department by the Office of
Housing and Community Services in writing to ensure effective communication and efficacy
between the departments. ln addition, additional language will be added to the City's funding
agreements with sub-recipients to ensure that last minute disclosures of prior review and/or
consent requirements will be prohibited if not disclosed at the time of award. The late notice by
Carrfour of its need for prior approval by the City of Miami prevented the City from drawing
funds until after the approval was issued by the City of Miami on the morning of September 26th,
the last day in which draws could be made to ensure compliance with HUD's expiring funds
deadline.
Since the City is contractually obligated to provide the funding to Carrfour to complete the
project, it was necessary to identify an alternative source of funding to replace the $185,272.
Therefore, staff reviewed its existing HOME Program funds to determine the amount of
uncommitted funds available for allocation to this project. This resulted in the identification of
$62,779.56 of currently available funds leaving a remaining shortfall oI $122,492.44.ln addition,
since cost projections for the rehabilitation of the London House Apartments project came in
slightly lower than budgeted, a reallocation of these excess funds can provide coverage of the
remaining shortfall.
Because HUD has re-captured the expiring HOME funds, there is no longer a need for advance
funds drawdowns as previously thought. Therefore, Carrfour can now utilize normal
reimbursement processes to draw project funds from the City.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve and authorize
the City Manager to reallocate $122,492.44 of FY 201412015 HOME lnvestment Partnerships
Program (HOME) funds; amend the FY 201412015 Action Plan accordingly; issue a notice of a
thirty (30) day public comment period and scheduling a public meeting on the proposed
Substantial Amendment to the City's FY 201412015 Action Plan; and reallocate the aforesaid
amount of home funds to the Carrfour Harding Village project.
*r,,rx&rnrLRvARB
F:\T_Drive\AGENDAVO14\October\Housing & Community Services\Carrfour Harding Village CC MEMO.docx 10-22-2014
509
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING AN
AMENDMENT TO THE FY 201412015 ACTION PLAN; SAID AMENDMENT
AUTHORIZING THE REALLOCATION OF $122,492.44 OF FY 201412015
HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) FUNDS FROM
THE LONDON HOUSE PROJECT TO THE CARRFOUR HARDING VILLAGE
PROJECT; PROVIDING FOR A THIRTY (30) DAY PUBLIC COMMENT
PERIOD; AND SCHEDULING A PUBLIC MEETING ON THE PROPOSED
AMENDMENT TO THE CITY'S FY 201412015 ACTION PLAN; AND
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
DOCUMENTS NECESSARY TO EFFEGTUATE THE REALLOCATION OF
SAID HOME FUNDS TO THE CARRFOUR HARDING VILLAGE PROJECT.
WHEREAS, the City is an entltlement recipient of HUD formula grant funds from the
HOME lnvestment Partnerships Program (HOME); and
WHEREAS, HOME funds are used for affordable housing activities, including multi-
family rentals and first-time homeownership; and
WHEREAS, the City expects to continue to receive entitlement funds from this grant
program to operate the City's affordable development activities; and
WHEREAS, the Action Plan for Federal funds is a requirement under HUD's formula
grant programs, which include the HOME Program; and
WHEREAS, HOME stipulates that funds be expended within timeliness guidelines as
delineated in 24 CFR Parl92, among others; and
WHEREAS, the City reallocated recaptured funds to Carrfour Supportive Housing's
(Carrfour) Harding Village Apartments project in an effort to prevent the loss of funds to de-
obligation by HUD; and
WHEREAS, the several challenges arose between the City and Carrfour that narrowed
the window for draw on the expiring funds to September 26,2014, the very last day that expiring
funds could be drawn from HUD; and
WHEREAS, the expenditure deadline was not met because the City was only able to
complete the draw in its Eden financial system and not HUD's financial system; and
WHEREAS, HUD subsequently recaptured $1 85,272 of HOME funds on September 27 ,
2014; and
WHEREAS, the Carrfour Harding Village Project was impacted by this recapture of
funds, to the extent of $122,492.44 (Funding Shortage), and the City, in good faith, would like to
provide the Funding Shortage through other available funds; and
510
WHEREAS, FY 201412015 HOME funds, in the amount of $122,492.44, were allocated
to the London House Project, but will not be required to complete the project because the bids
returned lower than anticipated; and
WHEREAS, the Administration recommends the reallocation of the London House
Project funds to the Carrfour Harding Village Project in order to cover the Funding Shortage;
and
WHEREAS, the resulting HOME funds reallocation recommendation will be incorporated
into the City's FY 201412015 Action Plan; and
WHEREAS, the City will provide for a thirty (30) day public comment period and a public
meeting on the proposed SubstantialAmendment to the FY 201412015 Action Plan; and
WHEREAS, the City Manager is the designated agent for all HUD formula grants, and
executes the grant applications, grant agreements, and other applicable HUD documents on
behalf of the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE Clry OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
and authorize an amendment to the FY 201412015 Action Plan (Amendment); said Amendment
authorizing the reallocation of $122,492.44 of FY 201412015 HOME lnvestment Partnerships
Program (HOME) funds from the London House Project to the Carrfour Harding Village Project;
providing for a thirty (30) day public comment period; and scheduling a public meeting on the
proposed Amendment to the City's FY 201412015 Action Plan; and further authorize the City
Manager to execute any documents necessary to effectuate the reallocation of said Home funds
to the Carrfour Harding Village Project.
PASSED AND ADOPTED this _day of 2014.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK PHILIP LEVINE, MAYOR
T:\AGENDA\2014\October\Housing & Community Services\Carrfour Harding Village CC RESO
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
511
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And Commission Of The City Of Miami Beach, Florida Accepting The Joint
Recommendation Of The Neighborhood/Community Affairs And Finance/Citywide Projects Committees At
Their ber 24.2014 inq To Relocate The 21't Street Teen Center.
Supporting Data (Surveys, Environmental Scan, etc
2014 Customer Satisfaction Survey: Four out of five residents (77o/o) rated the quality of life in Miami Beach as
Item Summary/Recommendation :
The City's Teen Club offers After School and Summer Camp programming for Miami Beach youth. This
program fosters personal growth and encourages teens to become well-rounded individuals through its
curriculum which consists of community service, education and recreational outings. The City currently
offers a Teen Program at three locations, Fairuvay Park, Nautilus Middle School and the 21't Street Teen
Center located at21OO Washington Avenue.
The City is moving fonivard with the revitalization of the Miami Beach Convention Center. The scope of work
for the Convention Center Master Plan includes the demolition of the 21't Street Teen Center which is
located on the north side of the Convention Center. Based on the project timeline, the City anticipates
vacating the 21't Street Teen Center from its current location by the beginning of the 201 512016 school year.
Given the 21't Street Teen Center program is such a success with over 300 teens enrolled, the City needs to
identify an alternate location to house this program.
The priorities which were considered for the relocation of the Teen Center include identifying a location that
is in close proximity (walking distance) to/from Miami Beach Senior High School, being able to provide
adequate parking, establishing a unique location for teenagers and continuing to offer similar types of
amenities that are currently being provided at the existing location.
At the July 17,2014 City Commission meeting, Commissioner Malakoff placed a referral item to a joint
meeting of the Finance and Citywide Projects Committee (FCWPC) and the Neighborhood/Community
Affairs -Committee (NCAC) to discuss an alternate location for the 21"1 Street Teen Center.
At the September 24,2014 meeting, a motion was passed by the Joint Committee recommending for the
City Commission to proceed with exploring the option to design a new Teen Center which would include a
two-story building built on the existing parking lot area and maintaining the ground level parking underneath.
Should this be determined as a viable option, a study would be conducted to determine the allowable square
footage, number of parking spaces and maximum height requirements pursuant to the requirements of the
City's Code. The closing of Sheridan Avenue between 28'n Street and Pine Tree Drive would also be taken
into consideration.
Board Recommendation:
Financial lnformation :
ighborhood/Community Affairs and Finance and Citywide Projects Committees recommendation at their
ber 24,2014 meeting.
Source of
Funds:tt
OBPI
Financia! lmpact Summary:
Parks and Recreation - John Rebar XT. 6644
ative Tracki
the 21st street teen center
DAITEM II ,,\E MIAMIBEACH DATE512
g MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
CO ISSION MEMORANDUM
TO:Mayor Philip Levine and Members of
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT: A RESOLUTION OF THE MA AND COMMISSION OF THE
CITY OF MIAMI BEACH,DA ACCEPTING THE
RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNIW
AFFAIRS COMMITTEE AND THE FINANCE & CITYWIDE
PROJECTS COMMITTEE AT THE SEPTEMBER 24, 2014
JOINT MEETING TO ACCEPT THE RECOMMENDATION FOR
STAFF TO PURSUE THE FEASIBILIW OF THE
DEVELOPMENT OF A TEEN CENTER AT THE SCOTT RAKOW
YOUTH CENTER PARKING LOT TO REPLACE THE 21ST
STREET TEEN CENTER.
ADM! NISTRATION RECOMMENDATION
The Administration recommends adopting the resolution.
BACKGROUND
The City's Teen Club offers After School and Summer Camp programming for Miami
Beach youth. This program fosters personal growth and encourages teens to become well-
rounded individuals through its curriculum which consists of community service, education
and recreational outings. These components engage and capture the interests of teens
and also provide a positive interaction with others beyond parents and teachers, which has
proven to benefit youth in this age group. Together, the programming and guidance help to
prevent and/or reduce negative behaviors by offering the students a positive environment.
The City currently offers a Teen Program at three locations, Fainrvay Park, Nautilus Middle
School and the 21't Street Teen Center located at 2100 Washington Avenue.
The City is moving fonruard with the revitalization of the Miami Beach Convention Center.
The scope of work for the Convention Center Master Plan includes the demolition of the
21't Street Teen Center which is located on the north side of the Convention Center. Based
on the project timeline, the City anticipates vacating the 21"1 Street Teen Center from its
current location by the beginning of the 201512016 school year. Given that the 21't Street
Teen Center program is such a success with over 300 teens enrolled, the City needs to
identify an alternate location to house this program.
City
513
Commission Memorandum - Relocation of 21"t Street Teen Center
October 22,2014
Page 2 of 2
The priorities that were considered for the relocation of the Teen Center include the
following:
o ldentify a location that is in close proximity (walking distance) to/from Miami Beach
Senior High Schoolo Ability to provide adequate parking. Ensuring to provide a unique location where the teens could call their owno Ensuring to provide similar types of amenities currently provided at the existing
location
At the July 17,2014 City Commission meeting, Commissioner Malakoff placed a referral
item to a joint meeting of the Finance and Citywide Projects Committee (FCWPC) and the
Neighborhood/Community Affairs Committee (NCAC) to discuss an alternate location for
the 21't Street Teen Center.
It is important to note that the construction of a new building at this location would need to
include additional parking and also provide a solution for safe child drop off and pick up.
The SRYC currently has 75 regular parking spaces and 4 ADA Accessible spaces, for a
total of 79 parking spaces. The surface lot is approximately 32,000 square feet. The
square footage of the 21't Street Teen Center is approximately 8,600 square feet.
CONCLUSION
At the September 24, 2014 meeting, a motion was passed by the Joint Committee
recommending for the City Commission to proceed with staff exploring the option to design
a new Teen Center which would include a two-story building built on the existing parking
lot, while maintaining the ground level parking underneath. Should this be determined as a
viable option, a study would be conducted to determine the allowable square footage,
number of parking spaces and maximum height requirements pursuant to the requirements
of the City's Code. The closing of Sheridan Avenue between 28th Street and Pine Tree
Drive would also be taken into consideration when contemplating pedestrian safety, parking
and a safe child drop off and pick up area. ln addition, the Joint Committee recommended
that a trafflc impact study be conducted to assess the feasibility of the road closure, which
would consider existing traffic challenges, safety, and the relocation of the existing bus stop.
JLM/J
relocating the 21st street teen center - memot:\agenda\2014\octobeArelocating the 21st street teen center - memo.docx
514
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AND THE
FINANCE & CITYWIDE PROJECTS COMMTTTEE AT THE SEPTEMBER
24, 2014 JOINT MEETING TO ACCEPT THE RECOMMENDATION FOR
STAFF TO PURSUE THE FEASIBILITY OF THE DEVELOPMENT OF A
TEEN CENTER AT THE SCOTT RAKOW YOUTH CENTER PARKING LOT
TO REPLACE THE 21ST STREET TEEN CENTER.
WHEREAS, the Parks and Recreation Department is faced with the need to relocate
the existing teen program currently run from the 21't Street Teen Center located at 2100
Washington Avenue; and
WHEREAS, the existing building is slated to be demotished as part of the Miami
Beach Convention Center Master Plan; and
WHEREAS, at the July 17, 2014 City Commission meeting, Commissioner Malakoff
placed a referral item to a joint meeting of the Finance and Citywide Projects Committee
(FCWPC) and the Neighborhood/Community Affairs Committee (NCAC) to discuss an
alternate location for the 21't Street Teen Center; and
WHEREAS, a discussion took place at the September 24,2014 joint meeting of the
Neighborhood/Community Affairs (NCAC) and the Finance & Citywide Project Committees
regarding the relocation of the 21't Street Teen Center; and
WHEREAS, the Committee members directed the Parks and Recreation Department
to work with the Planning Department to pursue the possibility of developing a teen center at
the Scott Rakow Youth Center Parking Lot; and
WHEREAS, the priorities that were considered for the relocation of the Teen Center
include the following:
o ldentify a location that is in close proximity (walking distance) to/from Miami Beach
Senior High School. Ability to provide adequate parking. Ensuring to provide a unique location where the teens could call their own. Ensuring to provide similar types of amenities currently provided at the existing
location; and
WHEREAS, at the September 24, 2014 meeting, a motion was passed by the Joint
Committee recommending for the City Commission to proceed with staff exploring the option
to design a new Teen Center which would include a two-story building built on the existing
parking lot, while maintaining the ground level parking underneath; and
WHEREAS, should this be determined as a viable option, a study would be conducted to
determine the allowable square footage, number of parking spaces and maximum height
requirements pursuant to the requirements of the City's Code; and
515
WHEREAS, the closing of Sheridan Avenue between 28th Street and Pine Tree Drive
would also be taken into consideration when contemplating pedestrian safety, parking and a
safe child drop off and pick up area; and
WHEREAS, in addition, the Joint Committee recommended that a traffic impact study be
conducted to assess the feasibility of the road closure, which would consider existing traffic
challenges, safety, and the relocation of the existing bus stop.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhood/Community Affairs
Committee and the Finance and Citywide Project Committee at its joint September 24,2014
meeting, and approve, for staff to pursue the feasibility of the development of a teen center at
the Scott Rakow Youth Center parking lot to replace the 21't Street Teen Center, as set forth
herein.
PASSED and ADOPTED this day of 2014.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & IANGUAGE
& FOR EXECUTION
'
(- ro - 1 - ( 4-
--4 Date
516
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517
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting The Recommendations Of The Finance And Citywide Projects Committee To
Schedule A North Beach Revitalization Plan City Commlssion Workshop And, Further Directing The
Administration To Begin Negotiations With At&T For The Potential Purchase Of Air Rights For 6940 Abbott
Avenue From At&T For Future Development Of A Parking Garage ln The North Beach Town Center.
lntended Outcome Su
Complete A Community Consensus Cohesive Master Plan For The North Beach Neighborhood
Supporting Data (Surveys, Environmental Scan, etc.) N/A
Item Summary/Recommendation :
The City was recently approached by a representative of AT&T regarding their interest in selling the air righta
to the property they own located at 6940 Abbot Avenue and staff has had preliminary discussions. AT&T has
expressed an interest in working with the City to use/re-use of the subject property. Attached is a property
detail report from the Property Appraiser's website. The lot size is approximately 25,000 square feet with an
assessed value of $1,465,865 and listed market value of $1,993,002. This property is located between Abbott
Avenue and Byron Avenue north of City Lot P-80 (lot adjacent to Prima Pasta) and City National Bank also
owns seven (7) parcels adjacent to this property.
lf the City were to proceed with AT&T, AT&T has a list of general requirements, which are included in the
attached memorandum.
The Finance and Citywide Projects Committee met on September 24, 2014 and discussed this item. The
Committee recommended the Administration schedule a North Beach Revitalization Plan Commission
Workshop and, further directing the administration to begin negotiations with AT&T for the potential purchase
of air rights for 6940 Abbott Avenue from AT&T for future development of a parking garage in the north beach
town center.
The Administration recommends the City Commission adopt the attached Resolution as recommended by the
Finance and Committee
The Finance and Citywide Projects Committee met on September 24, 2014 and discussed this item. The
Committee recommended the Administration schedule a North Beach Revitalization Plan Commission
Workshop and, further directing the administration to begin negotiations with AT&T for the potential purchase
of air rights for 6940 Abbott Avenue from AT&T for future development of a parking garage in the north beach
town center.
Financial lnformation:
Financial Impact Summary:
Max Sklar, ext. 6116
AGENDA mem EJ L
o^rE lo-L?-lqE MIAMIBEACH 518
b MIAMIBEACH
Cfi ol Mloml Beqch, 1700 Convenlion Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
MMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
':*T
SUBJECT: A RESOLUTION OF THE MAYdR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE TO SCHEDULE A NORTH
BEAGH REVITALIZATION PLAN CITY COMMISSION WORKSHOP AND,
FURTHER DIRECTING THE ADMINISTRATION TO BEGIN NEGOTIATIONS WITH
AT&T FOR THE POTENTIAL PURCHASE OF AIR RIGHTS FOR 6940 ABBOTT
AVENUE FROM AT&T FOR FUTURE DEVELOPMENT OF A PARKING GARAGE tN
THE NORTH BEACH TOWN CENTER.
BACKGROUND
On December 10, 2008, the Mayor and City Commission adopted Resolution No. 2008-26960
approving the scope and authorizing the issuance of a Request for Letters of lnterest (RFLI) for
the development of public parking to serve two neighborhoods in North Beach, said areas
generally defined as the North Beach Town Center from 69 to 72 Street between Collins
Avenue and lndian Creek Drive/Dickens Avenue, and the Collins Avenue Commercial District
between 63 and 69 Street.
The Finance and Citywide Projects Committee, at its November 18, 2OO8 meeting, authorized
the Administration to once again approach City National Bank to explore a joint development
agreement or a land swap for one of the preferred parking garage sites identified in the North
Beach Town Center Plan (adopted July, 2007).ln addition, the Committee recommended that
the Administration should issue a Request for Letters of lnterest to identify alternative sites
and/or developers who may be interested in the construction of a parking garage project in the
area bounded by 72 Street, Collins Avenue, 63 Street and lndian Creek Drive/Dickens Avenue.
The Administration subsequently held numerous discussions with representatives from City
National Bank and the real estate broker who represents the bank. The talks ended becausi
City National was engaged in developing numerous new branch bank locations in new market
areas and were not ready to consider development proposals for the 71 Street properties.
On July 11, 2007, Mayor and City Commission adopted Resolution No. 2007-26000, adopting
the North Beach Town Center Plan as the official Neighborhood Plan for the area bounded by
73'd Street, the Atlantic Ocean, 69th Street and lndian ereek; and authorizing the Administrationto prepare draft legislation and capital improvement projects, as appropriate, to promote
implementation of the Plan. This was the culmination of a lengthy planning process that
included the following steps:
The concept for encouraging development of a "Town Center" for North Beach originated in a
three-day charrette in July 2001, which included visioning sessions for the 71 Streetiommercial
519
Commission Memorandum
October 22, 2014
Accepting Finance and Citywide Projects Committee Recommendation
6940 Abbott Avenue and North Beach Workship
Page 2 of 4
corridor and the 72nd Street parking lot. The residents' priorities for a successful Town Center
included a variety of cultural activities, outdoor gathering places and expanded retail offerings.
ln a follow-up workshop in December 2003, participants strongly supported the idea of providing
parking as an incentive to attract development to the Town Center.
The City of Miami Beach Parking Study, completed by Walker Parking Associates, lnc. in 2004,
identified a demand for up to 964 for additional parking spaces by 2008 and 1,312 spaces by
2013 in the North Beach Town Center area, and confirmed the feasibility of a city-owned
parking structure on one of several alternative sites in the Town Center area. The highest
ranking sites each included land owned by the City and land owned by City National Bank.
Subsequently, the Administration and the consultant conducted further analysis of potential sites
for a parking garage and added a site located at 6600 Collins Avenue, which is outside of the
Town Center. lt is important to note that the City has retained Walking Parking Associates
again to update the 2004 parking study and the City anticipates having the updated data in time
for the Committee discussion.
On June 8, 2005, the Mayor and City Commission accepted the report of the Finance and
Citywide Projects Commission Committee concerning the Parking System Proposed Capital
Budget, instructing the Administration to hold discussions with City National Bank to swap land
for a parking structure in the North Beach Town Center. The Administration held several
meetings with representatives from City National Bank, who expressed some limited interest in
the project, but negotiations stalled.
The Planning Department presented the 2007 update of the North Beach Town Center Plan at a
community workshop on April 25, 2007, attended by nearly 100 persons. On May 22,2007, the
Planning Board held a public hearing and unanimously adopted a resolution recommending to
the Mayor and City Commission that they adopt the North Beach Town Center Plan as the
official Neighborhood Plan for the area bounded by 73'd Street, the Atlantic Ocean, 69th Street
and lndian Creek; and that they authorize the Administration to prepare draft legislation and
capital improvement projects as appropriate to promote implementation of the Plan.
On June 11,2007, the Land Use and Development Committee held a public discussion of the
North Beach Town Center Plan and voted 2-0 to recommend the Plan to the full Commission,
with the understanding that any amendments to the Land Development Regulations will be
reviewed by the Committee and the Commission prior to referral to the Planning Board. The
Committee stipulated that proposed amendments to the parking regulations, intended to provide
incentives for new private sector development in the Town Center, should be contingent on
construction of sufficient public parking.
Again in 2010, the City issued an RFLI seeking letters of interest for a mixed-use project with
parking, retail and office space that would act as a catalyst for further redevelopment in North
Beach. The City received eleven (1 1) responses to the RFLI and several were specifically for
Town Center, but chose not to proceed with the RFLI.
ANALYSIS
As previously stated, the 2004 Walker Parking study identified a demand for up to g64 for
additional parking spaces by2008 and 1,312 spaces by2013 in the North Beach Town Center
area. Again, the Walker Parking Study is currently being updated, but it will be important for the
City to seek opportunities to construct significant parking structures in this area. The best
We are commitled to providinq excellent public servjce ond sofe\ lo oll who iive work ond ploy in our vibronf . fropical hisloric communif/
520
Commission Memorandum
October 22, 2014
Accepting Finance and Citywide Projects Committee Recommendation
6940 Abbott Avenue and North Beach Workship
Page 3 of 4
opportunities for such construction will be for the City to partner with property owners adjacentto existing City parking lots. Such partnership would provide sufficient space for parking
structures given the area needs of such facilities and will allow retail or other activation of the
ground floor. Such retail activation will insure an unobstructed visual experience for pedestrians
and passing motorists.
The highest likelihood for a partnership would be in the Town Center/71st Street Corridor area.
The potential is high here as City National Bank owns a number of developable/redevelopable
lots in this area, many of which are adjacent to existing city surface parking lots. lf and when
these lots are sold, the buyer(s) will want to maximize the development potential of each lot. lf
they can partner with the City to provide parking for their projects in a new parking structure
rather than on-site, and if the City can realize a net gain in public parking spaces after
accounting for additional need due to the new development, such partnerships will make sense
and will most likely come to fruition.
The City was recently approached by a representative of AT&T regarding their interest in sellingthe air rights to the property they own located at 6940 Abbot Avenue and staff has had
preliminary discussions. AT&T has expressed an interest in working with the City to use/re-useof the subject property. Attached is a property detail report from the Property Appraiser's
website. The lot size is approximately 25,000 square feet with an assessed vaiue of $i,+OS,AOSand listed market value of $1,993,002. This property is located between Abbott Avenue and
Byron Avenue north of City Lot P-80 (lot adjacent to Prima Pasta) and City National Bank also
owns seven (7) parcels adjacent to this property.
lf the City were to proceed with AT&T, the following is a list of general requirements, subject to
AT&T approval and prior to any negotiation between the city and AT&T:
. t1,000 sq. ft. of office space containing bathrooms, lounge area, and inside storage.. t500 sq. ft. of outside storage.. Secured perimeter with a fence height of no less than 6, - 0,,.. 50 parking spaces (10'x 20').. lngress and egress from Abbott Avenue and Byron Avenue; likely to maintain one-way in
and one-way out of the site as presenily used.. Clear height above drive areas to be a minimum of 13,-
of various types.
10" to permit company vehicles
. 24-hour access for deliveries to the facility by outside vendors having AT&T security
access.. lce machine and water for the technicians.. Approved location for an above ground concrete pad mounted small Nitrogen tank. AT&T's future use cannot be changed, modified, curtailed, or hindered in any way to that
which exists now.. AT&T's Service Operations Center (SOC) operation would have to be moved to a
Temporary Location owned or controlled by the City of Miami Beach in close proximity to
the Subject property in order to continue uninterrupted service to its customers.. A Term sheet would need to include language detailing the construction schedule (Time-ln/Time Out), conditions of the use of the Temporary Location, and
restoration/construction of the SOC improvements to their originai and/or agreed to
condition before construction activities commenced.. The value of AT&T's property/air rights and sale price to the City would be established
by MAI appraisal(s) as established and agreed to between the parties.
We ore commitled to providing excellenl public servrce ond sofety to oll who live work. and ploy in our vibrant tropicol . historic communil,/
521
Commission Memorandum
October 22,2014
Accepting Finance and Citywide Projects Commiltee Recommendation
6940 Abbott Avenue and North Beach Workship
Page 4 of 4
. The City of Miami Beach would be responsible for the cost of legal, hearings, variances,
permits, surveys, and construction costs, related to the City's new project and costs to
restore the SOC.. AT&T would have to approve the use contemplated by the City above the SOC.. Finally, AT&T would need to have a separate folio # and separate tax bill for the
unencumbered ground floor area with little to no maintenance responsibilities for the
construction contemplated above the SOC.
Construction costs for a garage are estimated at $27,000 per parking space for traditionalparking without land costs. There is a possibility for cost sharing in any of the potential
scenarios. Total estimated cost for a 500 space garage is $13.5 million.
FINANCE AND CITYWIDE PROJECTS COMMITTEE
The Finance and Citywide Projects Committee met on September 24, 2014 and discussed thisitem. The Committee recommended the Administration schedule a North Beach Revitalization
Plan Commission Workshop and, further directing the administration to begin negotiations with
AT&T for the potential purchase of air rights for 6940 Abbott Avenue trom nfaf for future
development of a parking garage in the north beach town center.
CONCLUS!ON
The Administration recommends the City Commission adopt the attached Resolution as
recon/Tended by the Finance and Citywide projects Committee.
lr-rra:rtrEp:uns
T:\AGENDA\2014\Oclober\TCED\Accpt FCWPC Recomm ATT Lot and North Beach Workshop MEMO.docx
We ore commilted to providing excellenl public service ond sofenT n oll who live, work, and ploy in t:ur vibronl tropicol htstortc community
522
Property Search Application - Miami-Dade County
ffioFFt GE OF THE PHOPERTY APPRAISEH
etailed Report
Property lntormauon
Follo:c2-321 1-001-0590
Propcrty Addrcrs:6940 ABBOTT AVE
Orvner
SOUTHERN BELL TEL & TEL CO
rN(ADMoFFTcE ,/ltb<
Irlalllng Addrese PO BOX 7207
EEDMINSTER, NJ 07921
Prlmary Zone 39OO MULTI.FAMILY - 38{2 U/A
Prlmery Land tJse 9163 UTILITY: UTILIW
Bcds/Baths/Half l/0/0
Floors 1
Llvlng Unltr
Ac{uel Area iq.Ft
Livlng Aroa 3q.Ft
ldlBtod Area 1,733 Sq.Ft
-ot Slzo 25,000 Sq.Ft
fear Bullt r967
Arsessment lnformatlon
Year 2014 20't 3 2012
L.nd Value $1,875,00C $1.212.500 $1,125,000
Bulldlng Value $74,184 $75,s08 $87,405
XFValr $43,E18 $44,597 t57,048
tartct Value $1,993,002 $1,332,60!s1,269,4tr1
Arscrs.d Valu€$1,'165,865 $1,332,60f s1,269,453
BsnenE lnformadon
Bcncfit Type 2014 2013 2012
]{on+lomestead Cap Ass6ssment Reduction i527,137
Nolc: l,lot all benefits are applicable to allTaxable Values (i.e. County,
School Board, City, Regional).
Th! Ofi6 of thc Prcperty Appraiser is continually editing and updatng 0ra tax roll. This weUgte rnay not reiecl the most qrnsnt lnfDrmatlon on rq69rd. Tt.. propcrty
Appraisor and Miami-Dade County &sumes no ll.bility, s€e full di6dalmer and User Agreement at hto:rwww.miamidade,oorinb/disdaifirer.aso
Vrrsion:
Page 1 of5
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523
fi# OFFICE OF THE PROPERTY APPRAISER
Page 2 of 5
Gene.ated On'. 8f28t201 t
Prop€rty lnformatlon
Follo: 02-321't-001 -0590
PropcrtyAddrsgs: 6940ABBOTTAVE
The Ofice orthe Prop€tty Appraiser is continually ediling and updating the tax mll. This website may not ref,ecl fre rnost qrrrent in ormation on record. Tho property
Appra,scr and Miarni-Dade Conty assumes no lialifity, sea full disclaimer and User Aoreement d htio:r^fi,w.miamidade.oo\rnnb/disclaimer.aso
Version:
Roll Year 2014 Land, Building and Extra-Feature Details
lnformaUon
-rnd Usc Muni Zone PAZone Unit Type Units Calc Value
3ENERAL RM.I 3900 SquaE Ft.2s,000.00 $1,875.000
lnformaton
Building Number Sub Area Ycar Built Acbal Sg.Ft LivirB Sq.Ft.Adj sq.Ft Calc Value
I 1 ,957 t.733 $74,18'l
E:rbe Featurcs
Description Year Built Unitr Calc Value
Chain{ink Fence 6-7 lt high 1973 50 $341
Pavlng - Asphalt 1 968 12,s00 $r0,68E
Concrctc Louvcr Fenca 1 968 350 3r.197
CcntA/C - Comm (Aprox 300 sqfi/Ton)1 967 7.5 s6.300
Concrcte Louver Fence '1967 675 s2,268
Conctete Louvcr Fence 1967 1,720 $5,779
Paving - Asphalt 't967 20,530 $'17,24s
http ://www.miamidade. gov/propertysearch/08128n0t4
524
Prope[LSearch Application - Miami-Dade County page 3 of 5
ffi 0FFlcE 0F THE PR0PERTY APPRATSER
Generaled On : 8ngl20't.
Propefi lnlormatlon
Follo: 02-321'l -00'l -0590
Propery Addrrsr: 6940ABBOTTAVE
Thc Offe of tlc Property Appraiscr i! conlinualv editing and updaling the tax roll. This webgita may not reffcc't th€ mo€t qjncnl information on re@rd. Tha property
Appraiser and Miami-Oade County alsum63 no liability, see full disdaimer and Us€I Agreemont at htp:/Art \,rv.mbmidade.oov/inic/dEclaimer.a8p
Version:
Roll Year 2013 Land, Building and Extra-Feature Details
[-and lnformatlon
Land Usc Muni Zone PA Zonc Unit Typc Unib Calc Value
GENERAL RM.1 3900 Square Ft.25,(x)0.00 E1,875,000
lnformalion
Building Number Sub Area Year Built Adual Sq.Ft.LivinE Sq.Ft.AdjSq.Ft.CalcValue
I 1 1967 1.733 s75,508
Featurgs
Descrlption Year Built UnG CalcValue
Chaln-link Fenc€ G7 tt high 1973 50 33i11
Paving - Asphalt 1968 12.500 $10.688
Concrete Louvor Fsnce 1968 350 sl,197
Cent A/C - Comm (Aprox 300 sqfuTon)1967 7.5 $6,300
Doncreto Louvcr F6n@ 1 967 675 92,268
Concrstc Lower Fencg 1967 1,720 t5,779
Paving - Asphalt 1967 20,530 j17,245
htp : //www.miamidade. gov/property search/08128D014
525
Prop,gfl..Search Application - Miami-Dade County Page 4 of 5
ffi 0FFlcE 0F THE PBoPERTY APPRATSER
@nerat€d On:El28l2O1t
Prooeilv Information
Follo: 02-321 1 -001 -0590
Property Addrocs: 6940 ABBOTT AVE
Roll Year 2012 Land, Building and Extra-Feature Details
Land lnfoma0on
Land Use Muni Zonc PA Zone Unit Typc UniE CalcValue
GENERAL RM.'3900 Squarc Ft.25,000.0(s1,875,m0
Bulldlng lnlormatlon
Building Number Sub Arua Ycar Built Actual Sq.Ft Living Sq.Ft.AdjSq.Fi.CalcValuc
I 1 1967 1,733 s87,405
Extra Featureg
Descridion Year Built Unih CalcValue
ChainJink Fence 67 fl high 1973 5C t43s
Paving - Asphalt 1968 12,50C tr3.875
Conoetc Louver Fence 1 968 35C sl,554
Concroto Louver Fence 1967 675 32.957
Concrete Louwr Fence 1967 1,72C 87.534
3entArC - Comm (Aprox 300 sqfi/Ton)'1967 7.5 38.213
Paving - Lsp631 1967 20,53C 822,180
The Oflice of the Property Apprais€r is continually edfing and updating the tax roll. This webdte may not rellect thB m6t qrrent inbrmation on record. The propedy
Appraiser antt Mbmi-Dade County assumes no liability, see full diBcleimer and User Aoreemert at
Vcrsion:
http : //www. mi amidade. gov/propertysearct/08128D014
526
Property lnformatlon
Folio: 02-321 1-001-0590
Propcrty Addrpcc: 6940 ABBOTT AVE
Lcgel Deacrlption
,TIINTIC HGTS PB 9.,14
1-2-11 &12BLKH
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Generated On:Enf,/20l.
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Appraiss ard Miami-Dadc Coun! assumes no liebility, sGo frjl disdaimer and User Agreenrent at
Vcrsion:
527
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE SEPTEMBER 24, 2014
RECOMMENDATIONS OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE TO SCHEDULE A NORTH BEACH REVITALIZATION PLAN
GITY COMMISSION WORKSHOP, AND FURTHER DIRECTING THE
ADMINISTRATION TO BEGIN NEGOTIATIONS WITH AT&T FOR THE
POTENTIAL PURCHASE OF AlR RIGHTS FOR 6940 ABBOTT AVENUE
FROM AT&T FOR FUTURE DEVELOPMENT OF A PARKING GARAGE tN
THE NORTH BEACH TOWN CENTER.
WHEREAS, the concept for encouraging development of a "Town Cente/' for North
Beach originated in a three-day charrette in July 2001, which included visioning sessions for the
71't Street commercial corridor and the 72nd Street parking lot; and,
WHEREAS, the residents' priorities for a successful Town Center included a variety of
cultural activities, outdoor gathering places, and expanded retail offerings; and,
WHEREAS, in a follow-up workshop in December 2003, participants strongly supported
the idea of providing parking as an incentive to attract development to the Town Center; and
WHEREAS, the City of Miami Beach Parking Study, completed by Walker Parking
Associates, lnc. in 2004, identified a demand of up to 964 additional parking spaces by 2008
and 1,312 spaces by2013 in the North Beach Town Centerarea, and confirmed thefeasibility
of a City-owned parking structure on one of several alternative sites in the Town Center area.
The highest ranking sites each included land owned by the City and land owned by City
National Bank. Subsequently, the Administration and the consultant conducted further analysis
of potential sites for a parking garage and added a site located at 6600 Collins Avenue, which is
outside of the Town Center. lt is important to note that the City has retained Walking Parking
Associates again to update the 2004 parking study and the City anticipates having the updated
data in time for the Committee discussion; and
WHEREAS, on June 8, 2005, the Mayor and City Commission accepted the report of the
Finance and Citywide Projects Commission Committee concerning the Parking System
Proposed Capital Budget, instructing the Administration to hold discussions with City National
Bank to swap land for a parking structure in the North Beach Town Center. The Administration
held several meetings with representatives from City National Bank, who expressed some
limited interest in the project, but negotiations stalled; and
WHEREAS, the Planning Department presented the 2007 update of the North Beach
Town Center Plan at a community workshop on April 25,2007, attended by nearly 100 persons;
and,
WHEREAS, on May 22, 2007, the Planning Board held a public hearing and
unanimously adopted a resolution recommending to the Mayor and City Commission that they
adopt the North Beach Town Center Plan as the official Neighborhood Plan for the area
bounded by 73rd Street, the Atlantic Ocean, 69th Street and lndian Creek; and that they
authorize the Administration to prepare draft legislation and capital improvement projects as
appropriate to promote implementation of the Plan; and
528
WHEREAS, on June 11,2007, the Land Use and Development Committee held a public
discussion of the North Beach Town Center Plan and voted 2-0 to recommend the Plan to the
full Commission, with the understanding that any amendments to the Land Development
Regulations will be reviewed by the Committee and the Commission prior to referral to the
Planning Board. The Committee stipulated that proposed amendments to the parking
regulations, intended to provide incentives for new private sector development in the Town
Center, should be contingent on construction of sufficient public parking; and
WHEREAS, on July 11,2007, the Mayor and City Commission adopted Resolution No.
2007-26600, adopting the North Beach Town Center Plan ("Plan") as the official Neighborhood
Plan for the area bounded by 73rd Street, the Atlantic Ocean, 69th Street and lndian Creek; and
authorizing the Administration to prepare draft legislation and capital improvement projects, as
appropriate, to promote implementation of the Plan; and
WHEREAS, the Finance and Citywide Projects Committee, at its November 18, 2008
meeting, authorized the Administration to approach City National Bank to explore a joint
development agreement or a land swap for one of the preferred parking garage sites identified
in the Plan. ln addition, the Committee recommended that the Administration issue a Request
for Letters of lnterest to identify alternative sites and/or developers who may be interested in the
construction of a parking garage project in the area bounded by 72nd Street, Collins Avenue,
63rd Street and lndian Creek Drive/Dickens Avenue; and
WHEREAS, on December 10, 2008, the Mayor and City Commission adopted
Resolution No. 2008-26960 approving the scope and authorizing the issuance of a Request for
Letters of lnterest (RFLI) for the development of public parking to serve two neighborhoods in
North Beach, said areas gener,ally defined as the North Beach Town Center from 69th lo 72nd
Street between Collins Avenue and lndian Creek Drive/Dickens Avenue, and the Collins Avenue
Commercial District between 63rd and 69th Street; and
WHEREAS, the Administration subsequently held numerous discussions with
representatives from City National Bank and the real estate broker who represents the Bank.
The talks ended because City National Bank was engaged in developing numerous new branch
bank locations in new market areas and was not ready to consider development proposals for
the 71't Street properties; and
WHEREAS, again in 2010, the City issued an RFLI seeking letters of interest for a
mixed-use project with parking, retail and office space that would act as a catalyst for further
redevelopment in North Beach; and,
WHEREAS, The City received eleven (11) responses to the RFLI and several were
specifically for Town Center, but chose not to proceed with the RFLI; and
WHEREAS, the City was recently approached by a representative of AT&T regarding its
interest in selling the air rights to the property they own located at 6940 Abbot Avenue and staff
has had preliminary discussions. AT&T has expressed an interest in working with the City to
use/re-use of the subject property.
WHEREAS, the lot size of the property is approximately 25,000 square feet with an
assessed value of $1,465,865 and listed market value of $1,993,002; it is located between
529
Abbott Avenue and Byron Avenue north of City Lot P-80 (lot adjacent to Prima Pasta) and City
National Bank also owns seven (7) parcels adjacent to this property; and
WHEREAS, lf the City were to proceed with discussions with AT&T, AT&T has a list of
general requirements delineated in the attached Commission Memorandum; and
WHEREAS, the Finance and Citywide Piojects Committee met on September 24,2014
and discussed this item and recommended that the Administration schedule a North Beach
Revitalization PIan Commission Workshop, and further directed the Administration to begin
negotiations with AT&T for the potential purchase of air rights for 6940 Abbott Avenue from
AT&T for future development of a parking garage in the North Beach Town Center; and
WHEREAS, the Administration recommends that the City Commission adopt the
recommendations of the Finance and Citywide Projects Committee at its September 24,2014
meeting.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMTSSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the September 24, 2Q14 recommendations of the Finance and
Citywide Projects Committee to schedule a North Beach Revitalization Plan City Commission
Workshop, and further direct the Administration to begin negotiations with AT&T for the potential
purchase of air rights for 6940 Abbott Avenue from AT&T for future development of a parking
garage in the North Beach Town Center.
PASSED AND ADOPTED this _ day of
ATTEST:
2014.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
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530
THIS PAGE INTENTIONALLY LEFT BLANK
531
COMMISSION I I EM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The Citv Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For
Proposals (RFP) No. 2014-278-ME, For Owners Representative Services For The Miami Beach Convention
Center Renovation and Exoansion
Item Summa
On July 30, 2014, the Mayor and Commission authorized the issuance of RFP 2014-218-ME for Owners
Representative Services forthe Miami Beach Convention Center Renovation and Expansion (the RFP). The RFP
was issued on August 5,2014, with an opening date of September 8, 2014. A voluntary pre-proposal conference
to provide information to the proposers submitting a response was held on August 13,2014. The City received
proposals from the following five (5) firms: (1) Caribbean Project Management, PC; (2) Claro Development
Solutions, lnc.; (3) Hill lnternational; (4) STV Construction, lnc.; (5) URS Corporation Southern.
On Septemb er 23,2013, the City Manager via Letter to Commission (LTC) No. 324-2014, appointed an Evaluation
Committee (the'Committee"). The Committee convened on October 3,2014 to consider proposals received and
interview the proposing teams. Humberto Cabanas was unanimously elected as the Chairperson of this
Committee. The Committee was provided with an overview of the project, information relative to the City's Cone of
Silence Ordinance and the Government Sunshine Law. The Committee also was provided with general
information on the scope of services, references, and a copy of each proposal. Additionally, the Committee
engaged in a question and answer session after the presentation of each proposer. The Committee was
instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP. The overall
ranking resulted as follows: (1) Hill lnternational; (1) URS Corporation Southern. (3) STV Construction, lnc.; (4)
Claro Development Solutions, lnc.; and (5) Caribbean Project Management, PC;
After reviewing all the submissions, attending the Evaluation Committee meeting in its entirety and having heard
the Evaluation Committee's comments and rankings, the City Manager exercised his due diligence and is
recommending that the Mayor and the City Commission authorize the Administration to enter into negotiations
with Hill lnternational and, if negotiations are not successful, to further authorize the Administration to enter into
negotiations with URS.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept
the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to request for proposals
(RFP) No. 2014-278-ME for Owners Representative Services forthe Miami Beach Convention Center Renovation
and Expansion; authorizing the Administration to enter into negotiations with the top-ranked proposer, Hill
lnternational; and, if negotiations are not successful to further authorize authorizing the City Manager to execute
an Agreement upon conclusion of successful negotiations by the Administration.
ADOPT THE RESOLUTION.
AGETTDA rrear R7M
Expeditiously upgrade the convention center to be smart, modern, energy efficient, and which fits local context,
Data (Surveys, Environmental Scan, etc: N/A
Financial lnformation :
Source of
Funds:
Amount Account
1 $ 65s,000 Phase 1 Pre-Construction: Miami Beach Redevelopment
Agency Non-Trust Fund Special Revenue Account No. 165-
281 6-061 357
2 $4,308,002 Phase 2 Construction: To be awarded with funding availability
OBPI Total $4,961,002
Financial lmpact Summary: Any future or additional expenditures will be based on previously approved
budoeted funds.
* MIAMIB.HACH DArs to-22'11532
MIAMI BEACH
City of Miomi Beoch, i7O0 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSI N MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
October 22,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND Clry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AGCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO. 2014-278-ME, FOR THE OWNERS
REPRESENTATIVE SERVICES FOR THE MIAMI BEACH CONVENTION CENTER
RENOVATION AND EXPANSION
ADM! NISTRATION RECOMM EN DATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Expeditiously upgrade the convention center to be smart, modern, energy efficient, and which
fits local context, including walkability.
FUND!NG
Funding for the contract will occur in a two phase process as follows:
$ 653,000 Phase 1 - Pre-Construction Services
$4.308,002 Phase 2 - Construction Phase Services
$4,961,002 Total
Funding for phase 1 will be available through Miami Beach Redevelopment Agency Non-
Trust Fund Special Revenue Account No. 165-2816-061357. Subsequent construction phase
funding will be awarded when available.
BACKGROUND
On July 30, 2014, the Mayor and Commission authorized the issuance of RFP 2014-218-ME
for Owners Representative Services for the Miami Beach Convention Center Renovation and
Expansion (the RFP).
The City is seeking a firm(s) to be its Owner's Representative for the renovation and
expansion of the Miami Beach Convention Center (the Project). The design-builder will be
responsible for managing the Project and the Owner's Representative will monitor. The City
is looking for a small, capable Owner's Representative team. Preliminary plans call for the
Owner's Representative to be led by a senior project manager who is supported by two
project managers, a part-time accountant and administrative support for document control
and other administrative matters.
TO:
FROM:
DATE:
City C
533
Commission Memorandum Accepting the Recommendation of the City Manager for Owner's
Representative Services RFP 2014-278ME - Miami Beach Convention Center Renovation and
Expansion
October 22,2014
Page 2
The prolect will be overseen by a dedicated City Project Manager, and augmented by the
Owner's Representative team. The City and Owner's Representative will be assisted by a
dedicated on-site architect from the Design Criteria Professional team (Fentress Architects).
The primary role of the Owner's Representative will be to ensure the City receives a Center
renovation and expansion consistent with the Design Criteria Package in a timely manner for
the agreed upon price. The Owner's Representative will have on-site dedicated staff to
monitor the Design-Builder. The Design-Builder will be responsible for managing the project
and the owner's representative will monitor. The City and Owner's Representative will be
assisted by a dedicated on-site architect from the Design Criteria Professional's team.
The Owner's Representative will be assisted by a dedicated on-site architect from the Design
Criteria Professional team (Fentress Architects). The City will enter into on contract with a
Prime Proposer. Any other firms involved shall be a sub consultant to the Prime Proposer,
and shall not be in contractual privity with the City.
RFP PROCESS
RFP 2014-278-ME was issued on August 5, 2014, with an opening date of September 8,
2014. A voluntary pre-proposal conference to provide information to the proposers submitting
a response was held on August 13,2014. The City received proposals from the following five
(5)firms:. Caribbean Project Management, PC. Claro Development Solutions, lnc.. Hill lnternationalo STV Construction, lnc.. URS Corporation Southern
The Evaluation Committee (the "Committee") consisting of the following individuals:
o Carmen Sanchez, Deputy Director of Planning. David Martinez, Capital lmprovement Projects Director. Humberto Cabanas, Capital lmprovement Projects Division Director. Matt Hollander, Convention Center General Manager, Global Spectrum. Max Sklar, Tourism and Cultural Development Director
ln determining responsiveness and responsibility of the firms, the Procurement Department
and Strategic Advisory Group verified compliance with the minimum requirements established
in the RFP, and financial capacity as contained in the Dun & Bradstreet Supplier Qualifier
Report.
The Committee convened on October 3,2014 to consider proposals received and interview
the proposing teams. Humberto Cabanas was unanimously elected as the Chairperson of this
Committee. The Committee was provided with an overview of the project, information relative
to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee
also provided general information on the scope of services, references, and a copy of each
proposal. Additionally, the Committee engaged in a question and answer session after the
presentation of each proposer.
The Committee was instructed to score and rank each proposal pursuant to the evaluation
criteria established in the RFP, which included in no particular order of priority, the following
criteria:
534
Commission Memorandum Accepting the Recommendation of the City Manager for Owner's
Representative Services RFP 2014-278ME - Miami Beach Convention Center Renovation and
Expansion
October 22,2014
Page 3
. Experience of the firm. Experience of the professionals that will work on this Project
. Proposed approach. Staffing plan
. Quality of references. Financial capabilityo ResultsofD&BReport
The following are the rankings of proposers based on the qualifications and cost and the
qualifications alone.
RANKINGS - Qualifications and Cost
RFP# 20't4.278-ME
poR owNEns
REPRESENTATIVE
SERVICES FOR THE
MIAMIBEACH
CONVENTION CENTER
RENOVATION Carmen
Sanchez
David
Martinez
Max
Sklar
Humberto
Cabanas
Matt
Hollander
LOW
AGGREGATE
TOTALS
Caribbean Project
I\Fanaaamenf 5 (45)5 (75)5 (55)5 (57)4165)5 (24\
Claro Development 3 (66)3 (81)4 ((74\4 G2\5 (64)4 (19)
Hill lnternational 2 (93)2 (89)1 (89)1(91)1 (88)1/7\
STV 4 (50)4 (80)3 (75)3 (66)3 (f4\3 ('t7)
URS 1 (95)1 (921 I (89)2 (88)2(86)1 (7\
RANKINGS - Qualifications
RFP# 2014-278-ME
FORbWNERS
REPRESENTATIVE
SERVICES FOR THE
MIAMI BEACH I
CONVENTION CENTER
RENOVATION Carmen
Sanchez
David
Martinez
Max
Sklar
Humberto
Cabanas
Matt
Hollander
LOW
AGGREGATE
TOTALS
Caribbean Project
Manaoement 5 (20)5 (50)5 (30)5 (32)4 (40)5 e4l
CIaro Develooment 3 (40)4 (55)4 (48)4 (36)5 (38)4 (20\
Hill lnternational 1(70)I (66)1 (66)1 (68)1 (65)1 (5)
STV 4 (30)3 (60)3 (55)3 (46)3 (54)3 (16)
URS 2 (65)2 $2\2 (59)2 (58)2(56)2 fi01
Additional points, over the aforementioned potential points were to be allocated, if applicable
and in accordance to following veteran preference ordinances.
Veterans Preference: The Procurement personnel assigned an additional five (5) points to
Proposers, which are, or include as part of their proposal team, a small business concern
owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as
defined in the City's Veterans Preference Ordinance. None of the proposers were eligible for
Veterans preference.
535
Commission Memorandum Accepting the Recommendation of the City Manager for Owner's
Representative Services RFP 2014-278ME - Miami Beach Convention Center Renovation and
Expansion
October 22,2014
Page 4
Proposed costs (fees and expenses) are as follows:. $4,741,623 - Caribbean Project Management, PCo $4,548,764 - Claro Development Solutions, Inc.. $4,961,002 - Hill lnternational. $5,831,368 - STV Construction, lnc.. $3,882,858 - URS Corporation Southern
MANAGER'S DUE DILIGENCE & RECOMMENDATION
After reviewing all the submissions, attending the Evaluation Committee meeting in its entirety
and having heard the Evaluation Committee's comments and rankings, the City Manager
exercised his due diligence and is recommending that the Mayor and the City Commission
authorize the Administration to enter into negotiations with Hill lnternational and if negotiations
are not successful to authorize the Administration to enter into negotiations with URS.
Hill lnternational (Hill) was the top ranked of the proposers considering qualifications. Each
member of the Evaluation Committee ranked Hill as the number-one candidate. Key
advantages of Hill include:
e Hill, with 4,400 employees in 100 offices worldwide, is the largest "pure" project
management firm in the U.S. and the ninth-largest construction management firm
overall, according to Engineering News-Record magazine.
. Hill has represented owners on a number of convention center projects.
. Hill project manager Deborah Palmer represented ownership in the development of
convention centers in Hawaii and Las Vegas.
. Other team members have local experience, most recently the Patricia and Phillip
Frost Museum of Science in Miami.
Hill's fee is $1,078,144 higher than the low bidder. lt is hoped that through negotiations, the
Hill fee will be more in line with the low bidder. lf successful negotiations are not reached, the
Administration desires to enter into negotiations with URS.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of
proposals, pursuant to request for proposals (RFP) No. 2014-278-ME for Owners
Representative Services for the Miami Beach Convention Center Renovation and Expansion;
authorizing the Administration to enter into negotiations with Hill International; if successful
negotiations are not reached; further authorizing the Administration to enter into negotiations
with URS; and further authorizing the City Manager to execute an Agreement upon conclusion
of successful negotiations by the Administration.
JLM/MT/AD/ME/MH
T:\AGENDA\2014\October\Procurement\MBCC\2014-278ME RFP - Owners Rep Convention Center - Memo.docx
536
THIS PAGE INTENTIONALLY LEFT BLANK
537
R7 - Resolutions
R7N A Resolution Accepting The Recommendation Of The City Manager Pertaining To The
Ranking Of Proposals, Pursuant To Request For Qualifications No. 2014-128-ME (The
RFQ), For Legislative Consulting Services; Authorizing The Administration To Enter lnto
Negotiations With The Top Ranked Proposer, Corcoran And Associates, lnc.; And
Should The Administration Not Be Successful ln Negotiating An Agreement With The
Top-Ranked Proposer, Authorizing Negotiations With The Second-Ranked Proposer,
Ballard Partners, lnc.; And Should The Administration Not Be Successful ln Negotiating
An Agreement With The Second-Ranked Proposer, Authorizing Negotiations With The
Third-Ranked Proposer, Rutledge Ecenia, P.A.; And Further Authorizing The Mayor And
City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By
The Administration.
(City Manager's Office/City Attorney's Office)
(Memorandum & Resolution to be Submifted in Supplemental)
Agenda ltem R 7,1/ .
Date to'24'(l538
THIS PAGE INTENTIONALLY LEFT BLANK
539
R9
NEW BUSINESS
AND
COMMISSION REQUESTS
540
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.oov
OFFICE OF THE CITY CLERK, Rafael Granado, City Clerk
Tel: (305) 673-7411, Fax: (305) 673-7254
To:Moyor Philip Levine ond Members
From: Jimmy L. Moroles, City Monoger
Dote: October 22,2014
Subiect: BOARD AND COMMITTEES
ADMINISTRATION RECOMMENDATION :
That appointments be made as indicated.
ANALYSIS:
Attached are the applicants that have filed with the City Clerk's Office for Board and
Committee appointments.
BOARD OR COMMITTEE:
Affordable Housing Advisory
Committee
VACANCIES
TOTALMBRS. APPOINTED BY: TOTALVAC PAGE
18 City Commission 5 pase2
Commissioner Ed Tobin 1 pas" 3
N MEMORANDUM
Art in Public Places City Commission 1 Pageq
Convention Center Advisory Board Commissioner Ed Tobin 1 Page 11
Design Review Board City Commission 1 Page 12
Wearecommittedtoprovidingexceltentpubticserviceandsafetytoatlwhotive,workandplayinourvibrant,,.Agenda,:#ffi|
541
BOARD OR COMMITTEE:
Disability Access Committee
VACANCIES
TOTALMBRS. APPOINTEDBY: TOTALVAC PAGE
14 Commissioner Jonah M. Wolfson 1 page r+
Health Advisory Committee 11 City Commission 1 Page lt
Health Facilities Authority Board City Commission 1 Page 18
Marine and Waterfront Protection
Authority
Commissioner Jonah M. Wolfson 1 Page z314
Miami Beach Commission For
Women
21 Commissioner Ed Tobin
Commissioner Michael Grieco
2 Pagezt
1
Miami Beach CulturalArts Council 11 City Commission 1 Page2}
Miami Beach Human Rights
Committee
10 City Commission 1 Page 29
Police Citizens Relations Committee 14 Mayor Philip Levine 1 Page 37
Transportation, Parking, Bicycle-Ped.
Fac. Comm.
Commissioner Ed Tobin14 1 Page +o
Attached is breakdown by Commissioner or City Commission:
JLM:REG/sp
542
Boord and Committees Curuent Members
Ad Hoc Committee Centennial Celebration 2014-28531
Composition:
The members of this Ad-Hoc Comitee shall have the duty to provide ideas and recommendations
pertaining to all matters with respect to events and activities related to the City of Miami Beach
Centennial on March 26,20L5, and who shall repoft to and receive direction from the City
Commission, and which shall be comprised of seven (7) members who are direct appointments by the
Mayor and City Commission with terms of membership to begin on July 31, 2013 and expiring on July
31, 2015 (subject to earlier or later sunset by the City Commission).
Resolution 2014-28531 adopted on March 5,20L4 extending the committee untilJuly 31, 2015,
City Liaison: Max Sklar
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Carmen (Maria) Lopez
Dawn McCall
George Neary
Jay Dermer
Ray Breslin
Reagan Pace
Sheila Duffy-Lehrman
713'112015 CommissionerMicky Steinberg
713112015 CommissionerJoyMalakoff
713112015 CommissionerDeedeWeithorn
713112015 Commissioner Jonah M. Wolfson
713112015 CommissionerMichael Grieco
713112015 Mayor Philip Levine
713112015 Commissioner Ed Tobin
Applicants Position/Title Applicants Position/Title
Dennis Mouyios Dr. Barry Ragone
Meryl Wolfson
llednesday, Oaober 1 5, 20 I 1 Page I of12
543
Board and Committees Cument Members
Affordable Housing Advisory Committee sec.2-167
Composition:
The committee shall consist of eighteen (18) voting members with two-year terms.
Seven (7) members of the Affordable Housing Advisory Committee shall be direct
appointments, one made by the Mayor and each commissioners. The direct appointee
shall either be:(i) a resident of a locally designated community development target area for a
minimum of six months; or(ii) demonstrate ownership/interest for a minimum of six months in a business
established in a locally designated community develoment target area for a
minimum of six months.
The remaining eleven (11) members shall be appointed at large by a majority vote of
the Mayor and City Commission, as follows:
One citizen:
1) One citizen actively engaged in the residential home building industry in connection with affordable
housing;
2) One citizen actively engaged in the banking or mortgage banking industry in connection with
affordable housing;
3) One citizen who is a representative of those areas of labor actively engaged in home building in
connection with affordable housing;
4) One citizen actively engaged as an advocate for low-income persons in connection with affordable
housing;
5) One citizen actively engaged as a for-profit provider of affordable housing;
6) one citizen actively engaged as a not-for-profit provider of affordable housing;
7) One citizen actively engaged as a real estate professional in connection with affordable housing;
8) One citizen who actively seryes on the local planning agency pursuant to Florida Statute 5163.3174
(Planning Board member);
9) One citizen who resides within the jurisdiction of the local governing body making the
appointments;
10) One citizen who represents employers within the jurisdiction;
11) One ciUzen who represents essenUal seruices personnel, as defined in the local housing assistance
plan.
If the city, due to the presence of a conflict of interest by prospective appointees, or other reasonable
factor, is unable to appoint a citizen actively engaged in these activities in connection with affordable
housing, a citizen engaged in the activity without regard to affordable housing may be appointed.
City Liaison: Richard Bowman
Vacancy:
To replace
Stephanie Berman
To replace Robert
Saland
To replace Adrian
Adorno
To replace Karen
Fryd
llednesdolt, October I 5, 20 I 1
(6) Not for Profit
(1) Res. Home Bldg.
(9) Res. Juris Local Gov
(1 1) Rep. Essential Ser.
L2l3Ll20l4 City Commission
l2l3Ll20l4 City Commission
1213U2015 City Commission
L2/3U2015 City Commission
Page 2 of42
544
Boord and Committees Current Members
To replace Jeremy (4) Low-lncome Adv
Glazer
Vacant
l2l3ll20l5 City Commission
72/3L12014 Commissioner Ed Tobin
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Alexander
David
Frank
Jane
Juan
Karen
Laurence
Mayela
Michael
Muayad
Seth
Suzanne
Orlofsky
Smith
Kruszewski
Hayes
Rojas
Fryd
Herrup
Mueller
Bernstein
Abbas
Feuer
Hollander
12131t2015
12131t2014
12t31t2014
12t3'120't5
12131t2014
12t31t2015
12t3112015
12t3112014
't2t31t2015
12t31t20't4
1213',U2014
12t31t2015
City Commission
City Commission
City Commission
Mayor Philip Levine
CommissionerMickySteinberg 1213'1121
(3) Rep. Labo H.Bld. TL12-3
(8) Local Planning
(2) Banking/Mortgage
(10) Rep. Empl. With/jurisdic
(5) For Profit
(7) Real Estate Professional
Commissioner Jonah M. Wolfson 12131121
City Commission 12t31t16
CommissionerJoyMalakoff 12131121
12t31t14
12131t21
12131t21
12t31t2'l
Commissioner DeedeWeithorn 12131121
City Commission 12t31t17
CommissionerMichaelGrieco 1213'1121
City Commission 12t31t21
Applicants Position/Tifle Applicants Position/Title
Britta Hanson
Eric Lawrence
Guy Simani
Joseph Landesman
Lawrence Raab
Stephanie Berman
Dr. Barry Ragone
Gotlinsky Barbara
Howard Weiss
Josephine Pampanas
Prakash Kumar
Wednesday, OcTobet I 5, 20 1 1 Page 3 of12
545
Boord and Committees Curuent Members
Art in hrblic Places Sec. 82-561
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) members to be appointed by a majority of the entire City Commission, and who shall
possess a high degree of competence in evaluation of art history and architectural history, aft,
architecture, sculpture, painting, aftistic structure design and other appropriate art media for display
or integration in public places.
City Liaison : Dennis Leyva
Vacancy:
To replace Lisette
Ollenberg-Goldstein
L2l3tl20l5 City Commission
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Cathy
Chana
Janda
Megan
Ombretta
Susan
Byrd
Sheldon
Wetherington
Riley
Agro Andruff
Caraballo
't2t3'12014
12131t2o'.t5
12t31t2014
1213112014
12t31t2015
'12t31t2014
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12131t19
12t31t19
12t31t16
't2t31t16
1213',119
12t31118
Applicants Position/Title Applicants Position/Title
Adrian Gonzalez
Alexander Orlofsky
Carolyn Baumel
Dale Stine
Francinelee Hand
Laura Levey
Lori Nieder
Michelle Ricci
Scott Robins
Vanessa Menkes
Adrienne Krieger
Allee Newhoff
Cindy Brown
Elizabeth Schwartz
Francis Trullenque
Leslie Tobin
Michael McManus
Mirta Limonta
Susan Schemer
Veronica Camacho
llednesday, October I 5, 20 I 1 Page 4 of42
546
Board and Committees Current Members
Audit Committee
Composition:
The members of this committee shall consist of seven (7) voting members, one each to be directly
appointed by the Mayor and each City Commissioner. The primary purpose of the committee is to
assist the governing body in selecting an auditor to conduct the annual financial audit required in FS
218.39; however, the audit committee may serve other audit oversight purposes as determined by
the entity's governing body.
Under FS 218.391 the committee shall:
1. Establish factors to use for the evaluation of audlt services to be provided by a certified public
accounting firm;
2)Evaluate proposals provided by qualified firms; and
3) Rank and recommend in order of preference no fewer than three firms deemed to be the most
highly qualified to perform the required seruices.
City Liaison: James Sutter
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
FS 218.391 &,le ao
Arthur
Dana
Deede
Marc
Michael
Ronald
Sandy
Unger
Kaufman
Weithorn
Gidney
Weil
Starkman
Horwitz
CPA
CPA
CPA
CPA
12t31t2017
12t31t2015
12t31t2015
12131t2017
12131t2015
12t31t2017
12t31t2015
Commissioner Joy Malakoff FS 218.39
Commissioner Ed Tobin FS 218.39
Commissioner Deede Weithorn FS 218.39
Commissioner Micky Steinberg FS 281.39
Mayor Philip Levine FS 218.39
Commissioner Michael Grieco FS 218.39
Commissioner Jonah M. Wolfson FS 218.39
Wednesday, OaoOer ti, ZOtl Page 5 of12
547
Board and Committees Current Members
Board of Adjustnent RSA l-2 Sec 118-
1?.1
Composition:
Two (2) year term.
Appointed by a 5/7th vote.
Seven (7) voting members composed of two members appointed as citizens at-large and five
members shall be appointed from each of the following categories (no more than one per category),
namely: Law, Architecture, Engineering, Real Estate Development, Certified Public Accountant
Financial Consultation, and General Business. The members representing the professions of law,
architecture, engineering and public accounting shall be duly licensed by the State of Florida; the
member representing general business shall be of responsible standing in the community; the
member representing the field of financial consultation shall be a Crrtified Public Accountant,
Chartered Financial Analyst, Certified Financial Planner, a Chaftered Financial Consultant or
investment advisor registered with the Securities and Exchange Commission, or som@ne recognized
as having similar credentials and duly licensed by the State of Florida.
Members shall be appointed for a term of two years by a five-seventh vote of the city commission.
Members of the Board of Adjustment must be either residents of or have their principal place of
business in Miami Beach; provided, however, that this amendment shall not affect the term of existing
members of the Board of Adjustment.
City Liaison: Michael Belush
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limil:
Barton
Bryan
Heidi
Larry
Noah
Richard
Richard
Goldberg
Rosenfeld
Tandy
Colin
Fox
Preira
Baron
12t31t2015
12t31t2015
12t31t2015
't2t31t2015
12t3112014
12131t2014
12131t2014
Commission
Commission
Commission
Commission
Commission
Commission
Commission
12t3',U19
12t31t15
12t31t19
12t3'U19
12t31t18
1213'U16
12t31t19
Financial Advisor
CPA
At-Large
Gen. Business
Real Estate Developer
Law
At-Large
City
City
City
City
City
City
City
Applicants Position/Title Applicants Position/Title
Andres Asion
Brian Ehrlich
Deborah Castillo
Gabriel Paez
James Silvers
Jessica Conn
Kathleen Phang
Mark Alhadeff
Nelson Fox
Roberta Gould
Seth Frohlich
Bradley Colmer
David Wieder
Frank Del Vecchio
Jack Benveniste
Jeffrey Feldman
Jonathan Beloff
Kristen Rosen Gonzalez
Muayad Abbas
Richard Alhadeff
Scott Needelman
Victor Ballestas
Wednesday, OcTober I 5, 20 I 1 Page 6 of12
548
Boord and Committees Curuent Members
Budget Advisory Committee Sec. 2-44
Composition:
Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one
(1) appointment.
Two (2) at-large appointments:
one (1) certified public accountant and
one (1) for a financial advisor.
Please see the "Agenda - Agenda Archives" for the continuously updated Releases of City Commission
At-Large Nominations listing current information about which applicants have actually been
nominated. The Agenda - Agenda Archives website is located at
http ://m iam ibeachfl . gov/citycler(scroll.aspx?id=7 2497
Alternatively, the Releases can be found by going to the City's main portal located at
http://miamibeachfl.gov; and under the CITY MEEINGS section, located on the right hand side of the
webpage, click on the "Agenda - Agenda Archives" link; thereafter choose the first listed Commission
meeting, and click on City Commission At-Large Nominations.
City Liaison: John Woodruff
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Brian
Christopher
David
Dushan
Jack
John
Julio
Marc
Ronald
Harris
Pace
Lancz
Koller
Benveniste
Gardiner
Magrisso
Gidney
Starkman
Financial Adv
c.P A. CrL12131t2014\
12t3112014
't2t3112015
12t31t2014
12t31t2015
12t31t2015
't2131t2015
12t31t2014
12t31t2014
12131t2014
City Commission 12131119
Mayor Philip Levine 12131121
CommissionerDeedeWeithorn'12131118
Commissioner Jonah M. Wolfson 12131115
CommissionerJoyMalakoff 12131115
CommissionerMichaelGrieco 12131116
Commissioner Ed Tobin 1213121
City Commission 12131114
CommissionerMlckySteinberg 12131121
Applicants Position/Title Applicants Position/Title
Bryan Rosenfeld
Dwight Kraai
Guy Simani
John Bowes
Michael Levine
Noah Fox
Robert Schwartz
Cad Linder
Elliott Alhadeff
Jason Witrock
Mario Coryell
Mirta Limonta
Regina Suarez
Wednesday, October I 5, 20 I I Page 7 of42
549
Boord and Committees Curuent Members
Committee for auatty Education in MB Sec. 2-190.134
Composition:
The committee shall consist of fifteen (15) voting members and three non-voting ex-officio members
to be comprised as follows.
A representative from each of the following eight schools, selected by the Parent Teacher
Association:
Nofth Beach Elementary,
Biscayne Elementary
Feinberg-Fisher K-8 C.enter
South Pointe Elementary,
Nautilus Middle School,
Miami Beach High School,
Ruth K. Broad K-8 Center
Treasure Island Elementary School,
and seven (7) members of the public with knowledge or expertise with regard to education issues
who shall be direct appointments by the mayor and city commissioner with no more than three who
can be employed or contracted by Miami-Dade County public schools.
The City Commission shall designate two (2) of its members to serve as City Commission liaisons who
shall repoft to the City Commission actions of the Committee for Quality Education; the City Manager
shall further designate a member of crty staff to serue as a liaison who shall report the Committee's
actions to the City Manager.
City Liaison: Dr. Leslie Rosenfeld
Vacancy:
City Comm. Designee
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Betsy
Beverly
Judith
Karen
Keren
Michelle
Tiffany
Mateu
Heller
Berson-Levinson
Rivo
Bajaroff
Thomas
Heckler
't2t3'12014
12t31t2015
12t3',U20',t4
12t31t2015
1213112014
12t31t2014
12t31t2015
Mayor Philip Levine 1213'1121
CommissionerMickySteinberg 12131116
CommissionerJoyMalakoff 12131121
Commissioner DeedeWeithorn 12131115
Commissioner Ed Tobin '12131115
CommissionerMichaelGrieco 12131121
Commissioner Jonah M. Wolfson 12131118
Beth Edwards Rep. of the PTA for Nautilus Middle School06l30lt5
Dr, Leslie Rosenfeld ACM/City Manager designee
Elisa Leone Rep. of the PTA for Biscayne Elementary 061301t5
Ivette Birba Rep. ofthePTAforFeinberg FisherK-B 061301L5
Jessica Bums Rep. of the PTA South Pointe Elementary 061301L5
John Aleman Rep. of PTA North Beach Elem. School 06l30lts
Rosa Neely Rep. of PTA for Treasure Island Elem. 06l30lts
Shelley N Groff Rep. ofthe PTA for MB Sr. High School 06/30/15
Tamar Oppenheimer Rep. PTA for Ruth K. Broad K8-06/30/15
ll/ednesday, Oaober 15, 2014 Page 8 of 12 (Continued....
550
Board ond Committees Curuent Members
Applicants Position/Title Applicants Position/Title
Dr. Elsa Orlandini
Joanna-Rose Kravitz
Laurie Kaye Davis
iranii66, oaroill, z o lt'
Jessica Burns
Kristen Rosen Gonzalez
Tashaunda Washington
Page 9 of12
551
Board and Committees Current Members
Committee on the Homeless Sec.2-16'l
Composition:
The committee shall consist of nine (9) members,
three (3) to be appointed by the Mayor and
each Commissioner to appoint one (1).
Each member of the committee shall be selected from membership in an organization such as, but
not limited to the following:
Service Providers:
Douglas Gardens Community Mental Health,
Salvation Army,
Better Way,
Miami-Dade County Homeless Trust;
Civic Representation: North Beach (North Beach Development Corp), 41st Street (Middle Beach
Partnership), Lincoln Rd (Marketing Council), Washington Ave (Miami Beach Dev. Corp. and /or
Washington Ave Task Force), Ocean Dr (Ocean Drive Improvement Association), Collins Ave (Hotel
Association), South Pointe (South Pointe Advisory Board to the Redevelopment Agency); member of
the general public with personal experience with homeless issues CDBG Project Coordinator (ESG
Emergency Shelter Grant Provider), city officials, representative from the Police Depaftment and the
City Attorney's Office as e><-officio members.
City Liaison: Maria Ruiz
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Dale
Daniel
Debra
Freddy
Gail
Jonathan
Lior
Mirta
Rachael
Grala
Nagler
Schwartz
Funes
Harris
Kroner
Leser
Limonta
Zuckerman
(TL12131t2014\12t31t2014
12t31t2015
12131t201s
12131t2014
12t3',U2014
1213112015
12t31t2014
12t31t20't5
12R1t2015
CommissionerJoyMalakoff 12131114
Mayor Philip Levine 12131121
Mayor Philip Levine 12131121
CommissionerMickySteinberg 12131121
Commissioner Ed Tobin 12131116
CommissionerMichaelGrieco 12131117
Commissioner Jonah M. Wolfson 1213'1121
Mayor Philip Levine 12131121
CommissionerDeedeWeithorn 12131117
Applicants Position/Title Applicants Position/Title
Deborah Robins
Helen Swartz
Mark Wylie
Muayad Abbas
Rosalie Pincus
Zeiven Beitchman
Eda Valero-Figueira
Magui Benitez
Monica Casanova
Rocio Sullivan
Stephanie Berman
weanesiuy, oaoteff{i o t t Page t0 of12
552
Boord and Committees Curuent Members
Convention CenGr Advisory Board Sec.246
Composition:
The board shall consist of seven (7) voting members.
The Mayor and each Commissioner shall make one (1) direct appointment.
The chairperson of the board of directors of the Miami Beach Chamber of Commerce or his/her
designee shallserve as a non voting ex-officio member.
The Chairperson of the board of directors of the Greater Miami Convention and Visitors Bureau or his
designee shall serue as a non voting ex-officio member.
Administrative representatives from the management grou p,
Greater Miami Convention and Visitors Bureau, and
the city manager's office shall serve as non-voting ex-officio members.
City Liaison: Max Sklar
Vacancy:
To Replace Joshua
Wallack
t2/3U2014 Commissioner Ed Tobin
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Elizabeth Resnick
Jacqueline Hertz
Jared Galbut
Michael Goldberg
Roger Abramson
Tony Rodriguez
Ita Moriarty ex-officio, GMCVB Adm Rep
Joshua Levy ex-offtcio, Chair Bd. Dir. MBCC
Matt Hollander ex-officio, Global Spectrum Adm Rep.
Vacant ex-officio member of the City Manage/s Office
1213112015 Commissioner Jonah M. Wolfson 1213'1120
1213112015 CommissionerMickySteinberg 12131121
1213112015 CommissionerDeedeWeithorn 12131121
12131120'14 CommissionerMichaelGrieco 1213112'l
1213112014 CommissionerJoyMalakoff 12131116
1213112015 Mayor Philip Levine 12131121
Applicants Position/Title Applicants Position/Title
Carl Linder
Howard Weiss
Karen Brown
Lee Zimmerman
Mark Wylie
Nawaz Gilani
Gotlinsky Barbara
James Weingarten
Lawrence Raab
Mark Wohl
Michael Bernstein
Victor Ballestas
Widn;sday, October 15, 201'1 Page 1l of12
553
Board and Committees Current Members
Design Review Board Sec' 118'71
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) regular members. The seven (7) regular members shall consist of:
1) two architects registered in the United States;
2) an architect registered in the state of Florida or a member of the faculty of the school of
architecture, urban planning, or urban design in the state, with practical or academic expeftise in the
field of design, planning, historic preservation or the history of architecture, or a professional
practicing in the fields of architectural design, or urban planning;
3) one landscape architect registered in the state of Florida;
4) one architect registered in the United States, or a profesional practicing in the fields of architectural
or urban design, or urban planning, or a resident with demonstrated interest or background in design
issues; or an attorney in good standing licensed to practice law within the United States; and
5) two citizens at large.
One person appointed by the City Manager from an eligibility list provided by the Disability Access
Committee shall serue in an advisory capacity with no voting authority. The Planning Director, or
designee and the City Attorney or designee shall serve in an advisory capacity.
Residency and place of business in the county. The two (2) citizen-at-large members and one of the
registered landscape architects, registered architects, professional designer or professional urban
planners shall be residents of the city.
City Liaison: Deborah Tackett
Vacancy:
To replace Vincent Landscape Architect l2l3ll20t5 City Commission
Filigenzi
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Annabel Delgado- Registered Architect 1213112015 City Commission 12131119
Harrington
Carol Housen At-large 1213112014 City Commission 12131116
Edgar Sarli Faculty Position 1213112014 City Commission 1213'1119
Elizabeth Camargo Registered Architect 1213112015 City Commission 1213'1119
John Turchin At-Large 1213112015 City Commission 1213'll'19
Kathleen Phang Attorney 1213112114 City Commission 12131119
Gary Held advisory/City Attorney Designee
Thomas Mooney advisory/ActingPlanningDirector
Vacant ex-officio/Disability Access Committee
Applicants Position/Title Applicants Position/Titte
Andres Asion
Brian Ehrlich
Clotilde Luce
Deborah Castillo
Wednesday, Octobet t 5, 2i I 1
Alexander Orlofsky
Bradley Colmer
Bryan Rosenfeld
Daniel Hertzberg
Deena Bell
Page 12 of 12 (Continued....
554
Board and Committees Current Members
Francinelee Hand
Jeffrey Cohen
Jennifer Lampert
Joseph Furst
Matthew Krieger
Seth Frohlich
Stacy Kilroy
Terry Bienstock
Victor Morales
Jean-Francois Lejeune
Jeffrey Feldman
Jessica Conn
Marina Novaes
Nelson Fox
Seth Wasserman
Suzanne Hollander
Victor Ballestas
Page 13 of42
555
Board and Committees Curuent Members
Disability Access Committee
Composition:
The Committee shall be composed of:
A board quorum of eight (8) members and requiring at least eight (B) votes for board action.
Fourteen (14) voting members who shall be direct appointees by the Mayor and City Commissioners.
1) persons having mobility impairments;
2) deaf and/or hard-of-hearing persons in the community; blind and/or vision impaired persons in the
community;
3) mental, cognitive or dorelopmental disabilities;
4) the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care
(or rehabilitation).
5) One non-voting ex-officio member who is either a member of the disabled community or has
special knowledge of Americans with Disabiities Act (ADA) issues.
As per ordinance 20LL-373t, in addition to other power and duties, the chairperson of the committee
may designate a committee member to attend meetings of other city agencies, boards, or committees
for the purpose of providing and obtaining input regarding accessibilty related issues and reporting to
the disability access committee on matters set forth in subsection (b) so that the disability access
committee may provide recommendations to the city departments specified in subsection (b) or to the
city commission.
Ordinance 20L2-3757 amended Sec. 2-31(D) to increase the number of members from seven(7) to
fourteen (14) and amended the quorum requirement.
City Liaison: Valeria Mejia
Vacancy:
To replace Lee
Weiss
L2/3L120L4 Commissioner Jonah M. Wolfson
Members:
2006-3500 s 2-31
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
David
David
Dr. Elsa
Dr. Susan
Helen
Lawrence
Leif
Matthew
Oliver
Russell
Sabrina
Susana
Wendy
McCauley
New
Orlandini
Solman
Swartz
Fuller
Bertrand
Meyer
Stern
Hartstein
Cohen
Maroder-Rivera
Unger
Ex-officio member
12t31t20',t4
12131t2014
1213112015
12t31t2015
'12131t2015
'12t3'u2015
12t3',U2015
12131t2015
12t31t2014
12t31t2015
12t31t2014
12t31t2014
12t31t2014
CommissionerJoyMalakoff 'l2l31l2!
Commissioner DeedeWeithorn 12131115
CommissionerMichaelGrieco'12131121
CommissionerDeedeWeithorn 12131119
CommissionerJoyMalakoff 12131118
CommissionerMickySteinberg 12131121
Commissioner Jonah M. Wolfson 12131121
Commissioner Ed Tobin 12131120
CommissionerMichaelGrieco'12131121
Mayor Philip Levine 12131119
Commissioner Ed Tobin 12131117
CommissionerMickySteinberg 12131121
Mayor Philip Levine 12131116
wednesduy, Oaooer' i i, lo t I
556
Board ond Committees Curuent Members
Applicants Position/Title Applicants Position/Title
Britta Hanson Rafael Trevino
Zachary Cohen
lfednisday, Oaober tS, iittl Page 15 of42
557
Board ond Committees Curuent Members
Gay, Lesbian, Bisexual and Transgender (GLBT)Ord.2009-3635
Composition:
The Committee shall consist of fifteen (15) voting members, with three (3) members to be directly
appointed by the Mayor, and two (2) members to be directly appointed by each City Commissioner.
Notwithstanding the preceding sentence, the initial membership of the Committee shall be comprised
of those current members of the Mayo/s Gay Business Development Committee, choosing to serue on
the Committee, with any additional members (as required to complete the total number of members
of the Committee) to be appointed at large by a majority vote of the City Commission.
City Liaison: Vania Pedraja
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Chad
Cindy
Dale
David
Edison
Elizabeth
James
Jorge
Laura
Marivi
Mark
Michael
Nelida
Ronald
Thomas
Richter
Brown
Stine
Leeds
Farrow
Schwartz
Weingarten
Richa
Veitia
lglesias
Wylie
Bath
Barrios
Wolff
Barker
't2131t2014
't2t31t2015
12t3'U2014
12t31t2014
12t31t2015
12131t2014
12t31t2015
12t31t2015
12131t2014
12t31t2015
12t31t2015
12t31t2014
12t31t20't4
12t3',U2015
12t31t2015
Commissioner Ed Tobin 1213'1116
Commissioner Jonah M. Wolfson 1213'1119
Commissioner Jonah M. Wolfson 12131117
Mayor Philip Levine 12131121
CommissionerMickySteinberg 12131116
CommissionerJoyMalakoff 12131121
Commissioner Ed Tobin 12131121
Mayor Philip Levine 12131117
CommissionerMichaelGrieco 12131116
CommissionerDeedeWeithorn 12131118
Mayor Philip Levine 1213112'l
CommissionerMickySteinberg 12131117
Commissioner DeedeWeithorn 12131116
CommissionerMichaelGrieco 1213'1121
CommissionerJoyMalakoff 12131116
Applicants Position/Title Applicants Position/Title
Eric Hirsch
Otiss (Arah) Lester
Rebecca Boyce
Steven Adkins
w i i;;i;i;,' o,; ;i,,' i3, ii' r i
Karen Brown
Rafael Trevino
Stephen Fox, Jr.
Walker Burttschell
Page 16 of12
558
Board ond Committees Current Members
Health Advisory Committee Sec' 2{1 2002'
Composition:
Eleven (11) voting members. Appointed by the City Commission at-large, upon recommendations of
the City Manager:
One (1) member shall be the chief executive officer (CEO's) or a designated administrator from Mount
Sinai Medical Center,
One (1) member shall be the Chief Executive Officer (CEO) from Miami Beach Community Health
Center or his/her designee administrator;
Two (2) members shall be an administrator from an Adult Congregate Living Facility (ACLF), and/or
an Assisted Living Facility (ALF);
One (1) member shall be a representative from the nursing profession;
One (1) member shall be a health benefits provider;
Two (2) members shall be physicians;
Two (2) members shall be consumers consisting of:
1) one (1) individual from the corporate level and;
2) one (1) private individual.
One member shall be a physician or an individual with medical training or experience.
There shall be one (1) non-voting ex-officio representative from each of the following: The Miami
Dade County Health Department, the Health Council of South Florida, and the Fire Rescue
DeparUnent. The dlrector of the Office of the Children's Affairs shall be added as a non-voting ex-
officio member of the board.
City Liaison: Sonia Bridges
Vacancy:
Vacant CEO/MB Comm. Health L2/3U20LS City Commission
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Anthony Japour ACLF 1213112014 City Commission 12131116
Dr. Andrew Nullman Physician (TL1213112014) 1213112014 City Commission 12131114
Dr. Daniel Nixon Corporate lndividual 1213'112015 City Commission 12131119
Dr. David Farcy Private lndividual 1213112015 City Commission '1213'1119
Dr. Jeremy Green Physician
Dr. Stacey Kruger Physician
1213112014 City Commission '12131119
1213'1120'14 City Commission 12131116
Dr. Todd Narson Health Providet 1213112015 City Commission 1213'1116
Rachel Schuster ACLF 12131120'14 City Commission 1213'1116
Steven Sonenreich CEO/MI. Sinai/MH (NTL) 1213112014 City Commission
Tobi Ash Nursing Profession 1213112015 City Commission '12131115
Julie Zaharatos Rep. from the Health Council of South Fla
Maria Ruiz ex-officlo, Director of Children's Affairs
Applicants Applicants Position/Title
Christine Butler
Kara White
wedi,"i6 oiiooer rs, iit,rt
Jared Plitt
Zachary Cohen
Positior/Title
Page 17 of12
559
Board and Committees Current Members
Health Facilities Authority Board sec' 2-11'l
Composition:
Four (4) year terms.
Five (5) members shall consist of;
two (2) health providers,
one (1) indMidual in the field of general business who possesses good standing in the community;
one (1) accountant and;
one (1) attorney.
The chairperson of the Health Advisory Board shall serve as a non-voting advisor to the Authority.
Members shall be residents of the City.
Florida Statute 154.207 No term Limtts.
City Liaison: Patricia Walker
Vacancy:
To replace Marc Health Providet lllgll}tg City Commission
Umlas
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Arthur Unger Accountant 6119t2016 City Commission FS 154-207Mark Sinnreich Health Provider 6119t2015 City Commission FS 154-207Robert Hertzberg Attorney 6t'19t2017 City Commission FS 154-207Sidney Goldin General Business 6t19l2}'18 City Commission FS 154-207
vacant Chairperson, Health Advisory Board
Applicants Position/Title Applicants Position/Title
David Berger
Dr. Elsa Orlandini
Rosalie Pincus
Dr. David Farcy
Rachel Schuster
Zachary Cohen
Wednesday, Oaober 1 5, 20 I I Page 18 of12
560
Board and Committees Curuent Members
Hispanic Affairs Committee sec' 2-re0'2r
Composition:
The committee shall consist of seven (7) members, with the Mayor and each Commissioner making
one (1) appointment.
City Liaison: Nannette Rodriguez
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Alex
Ana Cecilia
Antonio
David
Eneida
Francis
Veronica
Fernandez
Velasco
Purrinos
Cardenas
Mena
Trullenque
Camacho
12t31t2015
12t31t2014
12t31t2o',t4
12t3',U20',t4
12t3',U2014
12t31t2015
12t3'v2015
CommissionerDeedeWeithorn 12131121
CommissionerMichaelGrieco 12131121
Commissioner Jonah M. Wolfson 1213'1116
CommissionerMickySteinberg 12131121
Mayor Philip Levine 12131121
Commissioner Ed Tobin 12131115
CommissionerJoyMalakoff 12131121
Applicants Position/Title Applicants Position/Title
Josephine Pampanas
Rafael Trevino
-'i*i;;d;i; iin;;;, i, iit i
Leonor Fernandez
Regina Suarez
Page 19 of42
561
Boord ond Committees Current Members
Historic Preservation Board Sec.118-101
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) members. There shall be a member from each of the following categories:
1) A representative from the Miami Design Preservation League (MDPL) selected from three names
nominated by the League.
2) A representative from Dade Heritage Trust (DHT) selected from three names nominated by the
Trust.
3) Two at-large members who have resided in one of the City's historic districts for at least one year,
and have demonstrated interest and knowledge in architectural or urban design and the preservation
of historic buildings.
4) An architect registered in the state of Florida with practical experience in the rehabilitation of
historic structures;
5) An architect registered in the United States, a landscape architect registered in the state of
Florida, a professional practicing in the field of architectural or urban design or urban planning, each
of the foregoing with practical experience in the rehabilitation of historic structures; or an attorney at
law licensed to practice in the United States, or an engineer licensed in the state of Florida, each of
the foregoing with professional experience and demonstrated interest in historic preservation.
6) A member of the faculty of a school of architecture in the state of Florida, with academic expertise
in the field of design and historic preseruation or the history of architecture, with a preference for an
individual with practical o<perience in architecture and the preseruation of historic structures.
All memberc of the board e><cept the architect, engineer, landscape architect, professional practicing
in the field of architectural or urban design or urban planning and university faculty member of the
board shall be residents of the city, provided; however, that the City Commission may waive this
requirement by a 5/7ths vote in the event a person not meeting these residency requirements is
available to serve on the board and is exceptionally qualified by training and/or experience in historic
preseruation matters.
City Liaison: Debbie Tackett
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
David
Dominique
Herb
Jane
John
Josephine
wyn
Wieder
Bailleul
Sosa
Gross
Stuart
Manning
Bradley
12t31t2015
12t31t2014
12t31t2014
12t31t2014
12131t2015
12t31t2014
12t31t2015
Commission
Commission
Commission
12t311't5
12t31t16
12131t15
12t31t16
12t31t19
12t31114
12t31t19
Attorney
At-large
MDPL
Dade Heritage
Registered Architecl
At-large
Faculty Member
Commission
Commission
Commission
Commission
City
City
City
City
City
City
City
Applicants Position/Title Applicants Position/Title
Bradley Colmer
Dona Zemo
Jean-Francois Lejeune
Jennifer Lampert
Marina Novaes
Raymond Adrian
- w"iioa"y, tiaooi ts, zott
Deborah Castillo
Elizabeth Camargo
Jeffrey Cohen
Kathleen Phang
Mark Alhadeff
Richard Alhadeff
Page 20 of 12 1Coiinuiia....
562
Board ond Committees Curuent Members
Sam Rabin Jr.
iiiiesaii, oao,oer I i, 1t o t i Page 21 of42
563
Board and Committees Curuent Members
HOuSing AUthOrity Reso 7031 421.05
Composition:
Four year appointment.
Five (5) members, appointed by the Mayor.
Appointments must be confirmed by the City Commission.
At least one (1) member shall be a resident who is current in rent in a housing pCIect or a person of
low or very low income who resides within the housing authority's jurisdiction and is receiving rent
subsidy through a program administered by the authority or public housing agenqy that has
jurisdiction for the same locality serued by the housing authority, which member shall be appointed at
the time a vacancy exists.
City Liaison: Maria Ruiz
Appointments To Be Made :
Raymond Adrian HA Commissioner 1011112014 Bower Levine 10111118
Members:
Name Last Name PositionlTitle Term Ends: Appointed by: Term Limit:
Dr. Barry Ragone HA Commissioner '1011112017 Mayor Philip Levine 10111t21
Eugenio Cabreja Tenant Commissioner 1011112016 Bower Levine 101'11118
Leonor Fernandez HA Commissioner 1011112017 Mayor Philip Levine 10111121
Peter Chavelier HA Commissioner 1011112015 Bower Levine 1,l11l'19
Applicants Position/Title Applicants Position/Title
Gotlinsky Barbara Prakash Kumar
" w; d "; 6; b;6; ;;- i ;,- i6i i Page 22 of12
564
Board and Committees Current Members
Marine and Waterfront Protestion Authority Sec. 2-'190.46
Composition:
The Marine and Watefront Protection Authority shall consist of foufteen (14) voting members, who
shall be direct appointments with the Mayor and City Commissioners each having two (2) direct
appointments.
Appointments to the authority shall consist of a combination of individuals who have had previous
experience in the 1) operation or inspection of marine facilities, including experience in various types
of marine vessels and boating activities, and/or 2) who have an interest in preseruation of the city's
beaches and waterfronts. The members of the authority shall have the right and duty to consult with
any member of the city administration for technical or other information pertaining to the matters
before them.
AS PER ORDINANCE 20L4-384L, NEW COMPOSffiON EFFECIVE 0513L120t4:
City Liaison: Manny Villar
Vacancy:
Members:
Vacant L2l3L/2014 Commissioner Jonah M. Wolfson
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Addison Sammet
Albert Parron
Barbara Herskowitz
Christopher Todd (TL 12131114\
Daniel Kipnis
Dr. Ronald Shane
Maurice Goodbeer
Monica Casanova
Morris Sunshine
Robert Schwartz
Sasha Boulanger
Stephen Bernstein
William Cahill
Sgt. Luis Sanchez ex-officio MB Marine Patrol
12t3012015
12t30t2015
12t3112015
12t31t2015
12t31t2015
12t3',U2015
12t31t2014
12t31t2014
12t31t2014
12t31t2014
12t31t2015
't2t3'U20',t4
't2t31t2014
CommissionerDeedeWeithorn 12131121
Mayor Philip Levine 12131121
CommissionerMickySteinberg 12131121
CommissionerMichaelGrieco 12131114
Commissioner Jonah M. Wolfson 121311'16
CommissionerJoyMalakoff 12131121
CommissionerMickySteinberg 12131119
Mayor Philip Levine 12131121
CommissionerMichaelGrieco'12131121
CommissionerJoyMalakoff 12131121
Commissioner Ed Tobin 1213'1118
CommissionerDeedeWeithorn 12131118
Commissioner Ed Tobin '12131121
Applicants PositionlTitle Applicants Position/Title
Adrian Gonzalez
Julio Magrisso
Michael Levine
Eric Lawrence
Mayela Mueller
ii"i;";iii,bai6iii'i, ibiri - *'-
Page 23 of12
565
Board and Committees Curuent Members
Mayors Blue Ribbon Panel for Washington Avenue sec' 2-23(b)
Composition:
The Mayo/s Blue Ribbon Panel on Washington Avenue (Panel) is created pursuant to the Mayor's
authority to establish blue ribbon panels under section 2-23(b) of the City Code. The Panel shall have
the purpose of overseeing the City's initiatives and effofts to revitalize Washington Avenue from 5th
Street to Lincoln Road.
The Panel shall inititally consist of (4) members, all of whom shall be appointed by the Mayor to serue
for a term of one (1) year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the
Mayor.
City Liaison: Rogelio Madan
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Brian Falk
Eric Lawrence
Lyle Stern
Saul Gross
71912015 Mayor Philip Levine
71912015 Mayor Philip Levine
71912015 Mayor Philip Levine
71912015 Mayor Philip Levine
Page 21 of12
566
Board and Committees Cunent Members
Mayors Blue Ribbon Panel on Flooding and Sea Rise sec' 2'23 (b)
Composition:
The Mayo/s Blue Ribbon Panel on Flooding Mitigation (Panel) is created pursuant to the Mayor's
authority to establish blue ribbon panels under Section 2-23 (b) of the City Code. The Panel shall have
the purpose of overseeing the City's response to flooding, including storm water and the effects of
sea level rise, and assisting with the implementation of a comprehensive flood management plan for
the City of Miami Beach.
The Panel shall initially consist of three (3) members, all of whom shall be appointed by the Mayor to
serve for a term of one (1) year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the
Mayor.
City Liaison: Bruce Mowry
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Dr. Michael Phang
Dwight Kraai
Scott Robins
11612015 Mayor Philip Levine
11612015 Mayor Philip Levine
116120'15 Mayor Philip Levine
Page 25 of42
567
Board ond Committees Current Members
Ivlayors Blue Ribbon Panel on North Beach Revital. sec' 2-23 (b)
Composition:
The Mayo/s Blue Ribbon Panel on North Beach Revitalization (Panel) is created pursuant to the
Mayor's authority to establish blue ribbon panels under Section 2-23(b) of the City Code. The Panel
shall have the purpose of overseeing the City's Nofth Beach Revitalization consistent wlth the Nofth
Beach Master Plan.
The Panel shall initially consist of three (3) members, all of whom shall be appointed by the Mayor to
serve for a term of one (1) year.
The membership of the Panel may be increased to fle (5) total members, at the discretion of the
Mayor.
City Liaison: Jeff Oris
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Daniel Veitia
Margueritte Ramos
Ricky Arriola
31312015 Mayor Philip Levine
31312015 Mayor Philip Levine
31312015 Mayor Philip Levine
Page 26 of12
568
Board and Committees Curuent Members
Miami Beach Commission For Women
Composition:
Twenty-one (21) members.
Each of the seven (7) members of the commission shall appoint three (3) members.
City Liaison: Leonor Hernandez
Vacancy:
2007-3570 S 2190-
1
To replace
Gertrude Arfa
To replace Maribel
Quiala
L2|3U20L4 Commissioner Ed Tobin
l2l3U20L4 Commissioner Michael Grieco
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Adrienne
Debra
Dona
Dr. Corey
Francinelee
Heather
Jessica
Karen
Laura
Laurie Kaye
Leslie
Lindsay
Mercedes
Nikki
Regina
Regina
Roberta
Tiffany
Vanessa
Krieger
Quade
Zemo
Narson
Hand
Davis
Conn
Edelstein
Colin
Davis
Coller
Genet
Carlson
Weisburd
Suarez
Berman
Gould
Lapciuc
Menkes
1213112014 CommissionerJoyMalakoff 1213112'l
1213'112015 CommissionerMickySteinberg 121311'19
'12131120'14 Mayor Philip Levine 12131121
12131120'15 CommissionerMickySteinberg'12131121
1213112015 CommissionerJoyMalakoff 12131116
1213112015 Commissioner Ed Tobin 12131121
1213112014 Commissioner Jonah M. Wolfson '12131119
1213112014 CommissionerMickySteinberg 12131115
1213112014 CommissionerJoyMalakoff 12131121
1213112014 Commissioner Jonah M. Wolfson 12131121
'1213112015 CommissionerDeedeWeithorn 12131115
'1213112014 CommissionerMichaelGrieco 10131121
1213112015 CommissionerMichaelGrieco 121311'18
1213112014 Commissioner Ed Tobin 12131115
1213112015 Commissioner Jonah M. Wolfson '12131117
1213112014 Mayor Philip Levine 12131117
1213112015 CommissionerDeedeWeithorn 12131115
12131120'15 Mayor Philip Levine 12131117
1213112015 CommissionerDeedeWeithorn 1213'll2O
Applicants Position/Title Applicants Position/Title
Allee Newhoff
Britta Hanson
Eda Valero-Figueira
Eneida Mena
Jenifer Caplan
Josephine Pampanas
Laura Levey
Meryl Wolfson
Pan Rogers
Rocio Sullivan
Tamra Sheffman
wiaii6) oaoi,ti, ii, z oi t'
*
Barbara Kaufman
Dale Gratz
Elizabeth Resnick
Helen Swartz
Joanna Popper
Joyce Garret
Marjorie O'Neill-Buttler
Monica Casanova
Rebecca Boyce
Samantha Bratter
Tashaunda Washington
Page 27 of12
569
Board and Committees Curuent Members
Miami Beach Cultural Arts Council Sec.2-51
Composition:
Three (3) year term.
Vacancies submitted by slate of candidates provided by the council.
Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission.
Effective December 3L, 200L, concurrent with the expiration of the terms of six (6) members of the
council, and the resulting vacancies thereon, three (3) members shall be appointed for three (3) year
terms each, provided that one of those appointments shall be to fill the vacancy of the one (1) year
term expiring on December 31, 2001, and three (3) members shall be appointed for two (2) year
terms each. Additionally, effective December 3L,20f,2, no council member may serye more than six
(6) consecutive years.
City Liaison: Gary Farmer
Vacancy:
To replace Daniel
Novela
t2l3Ll20LS City Commission
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Alan
Beatrice
Charles
Eda
Gregory
lleana
Marjorie
Richard
Susan
Zoila
Randolph
Hornstein
Million
Valero-Figueira
Melvin
Bravo-Gordon
O'Neill-Buftler
Alhadeff
Schemer
Datorre
(TL 12t31t2014)
(TL 12t31t2014)
12t31t2016
12t31t2015
1213112016
12131t2014
12t31t20't4
12t3112015
12t31t2015
1213',U2016
12t31t20't6
1213',U2014
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t',t9
12t31t15
12t31t17
12t31t14
'12t31t15
12t31t19
12t31t15
12t31t19
12t31119
12131t14
Applicants Position/Title Applicants Position/Title
Allee Newhoff
Dr. Daniel Nixon
Eugenio Cabreja
Jenna Ward
Kara White
Mark Balzli
Monica Harvey
Pedro Menocal
Vanessa Menkes
- fiiiiiiiiiff oaio", i i, z oi i
Bradley Ugent
Elliott Alhadeff
Janda Wetherington
Joanna Popper
Kevin Kelsick
Michael McManus
Otiss (Arah) Lester
Sam Rabin Jr.
Wesley Castellanos
Page 28 of42
570
Board and Committees Current Members
Miami Beach Human Rights Committee 2010-3669
Composition:
The committee shall consist of a minimum of five (5) and a maximum of eleven (11) members, with
one (1) out of every five (5) memberc, to be a direct appointment by the Mayor, and with the
remaining members to be at-large appointments of the City Commission.
The members of the committee shall reflect as nearly as possible, the diversity of individuals
protected under the Ci!y's Human Rights Ordinance. In keeping with this polig, not less than two (2)
months prior to making appointments or re-appointments to the committee, the City Manager shall
solicit nominations from as many public service grcups and other sources, which he/she deems
appropriate, as possible.
At least one (1) of the committee members shall possess, in addition to the general qualifications set
fofth herein for members, a license to practice law in the State of Florida; be an active member of
and in good standing with the Florida Bar, and have experience in civil rights law. The attorney
member shall also serve as chair of the committee.
City Liaison: Marcia Monserrat
Vacancy:
To replace Andrea
Lisa Travaglia
l2l3ll20l5 City Commission
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Alan
Amy
Bernardo
Bradley
Monica
Rachel
Rafael
Walker
Fishman
Rabin
Collado
Ugent
Harvey
Umlas
Trevino
Burftschell
12131t2015
12t31t2014
12t31t2014
12t31t2015
12t31t2014
12t31t2014
12t31t2014
12t31t201s
City Commission
City Commission
Mayor Philip Levine
City Commission
City Commission
City Commission
City Commission
City Commission
12t31116
12t31119
12t31t21
12t31t18
12t31t18
12t31118
12t31116
12t31t16
Applicants Position/Title Applicants Position/Title
Andrea Travaglia
Deborah Robins
Michael Levine
Stephen Fox, Jr.
Wednesday, Oaober 1 5, 20 1 1
Christine Butler
Dr. Andrew Nullman
Rafael Leonor
Page 29 of12
571
Board and Committees Curuent Members
Miami Beach Sister Cities Program Sec. 2-181
Composition:
The Coordinating Council is the goveming body of the overall Sister Cities Program. The council shall
consist of;
one (1) representatives per Sister City affiliation and ,
nine (9) other members. All of these members are appointed by the mayor. The members of the
coordinaUng council shall be persons who are interested in furthering the purpose of the program.
Any person interested in furthering the purpose of the program may become a member of an
individual sister city committee upon approval by the coordinating council. To qualiff, the person
shall present a resume and a letter of interest to the committee chairperson.
These members are appointed by the Mayor of the City of Miami Beach for two (2)
years. City Liaison: Desiree lGne
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Carolyn
Deborah
Faye
George
Guy
Harvey
Howard
Jacquelynn
Jessica
Joyce
Kristen
Lidia
Lisa
Magui
Maria
Michelle
Monica
Nuccio
Omar
Samantha
Baumel
Robins
Goldin
Neary
Simani
Burstein
Weiss
Powers
Londono
Garret
Rosen Gonzalez
Resnick
Desmond
Benitez
Maltagliati
Ricci
Fluke
Nobel
Caiola
Bratter
12t3',U2015
12t31t2015
12131t2015
12t3112014
1213112014
12t3112015
12t31t2014
12t31t2014
12t3112015
12t31t2014
't2t31t2014
12t31t2014
12t3112015
12t31t2015
12t31t2014
12131t2015
12131t2015
12t31t2015
12t31t2014
1213',U2014
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Brampton, Canada
Almonte, Spain
Basel, Switzerland
other
Rio de Janeiro, Brazil
Fujisawa, Japan
other
Nahariya, lsrael
other
lca, Peru
other
Santa Marta, Colombia
other
other
Forlaleza, Brazil
Pescara, ltaly
other
Cozumel, Mexico
other
other
12t3',U21
12t31121
12t31t21
12t31t16
12t31t21
12t31t21
12t31t21
12t31t21
12131t21
12t31t2'l
12131t2'.1
12t31t21
12t31121
12131121
12t3'U21
12t31t21
12t3',U21
't2t31t16
12131t21
12131121
Applicants Position/Title Applicants Position/Title
Bernardo Collado
Christopher Pace
Darin Feldman
Elizabeth Camargo
Jared Plitt
Laura Levey
Rebecca Boyce
Tamra Sheffman
Wesley Castellanos
- tiiiii6, d"ioi", i"s, zitit
Charles Million
Christopher Todd
Dr. Andrew Nullman
Gabriel Paez
Joseph Hagen
Raymond Adrian
Rocio Sullivan
Tiffany Heckler
Page 30 of12
572
Board and Committees Curuent Members
Normandy Shores Local Gov. Neighborhood Impv.
Composition:
The Advisory Council shall be appointed by the Board of Directors (City Commission) and composed of
three members of the Executive Committee of the Normandy Shores Homeowner Association. On
behalf of the Board of Directors, the City Clerk shall solicit from the Executive Committee the eligibity
list of its members for appointment consideration. The Advisory Council shall be composed of the
three members of the Executive Committee of the Normandy Shores Homeowners Association as per
Resolution No.97-22449 adopted July 2,1997.
City Liaison: John Woodruff
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Sec 34-175
12131t18
12131t',t8
12131t14
City Commission
City Commission
City Commission
Bowes
Wojak
Loring
John
Mark
Ronald (TL12t31t2014)
12t31t2014
't2t31120'14
1213112014
Applicants Position/Title Applicants Position/Title
Lori Nieder
tirdiiii,f titrffii is, io 17 Page 31 of12
573
Board and Committees Current Members
Parks and Recreational Facilities Board
Composition:
The Parks and Recreational Facilities Board shall be comprised of thirteen (13) voting members:
Seven (7) direct appointments made by the Mayor and each commissioner.
Six (6) at-large appointments as follows:
Youth Center: Two (2) members having an affiliation with the city's youth centers, with one
member affiliated with the Scott Rakow Youth Center, and one member with the Nofth Shore Park
Youth Center.
Golf: Two (2) members who have demonstrated a high degree of interest, participation and/or
expeftise in the sport of golf.
Tennis: Two (2) members who have demonstrated a high degree of interest, pafticipation and/or
expeftise in the sport of tennis.
Members of the board shall demonstrate interest in the city's park and recreational facilities and
programs through their own pafticipation or the pafticipation of a member of their immediate family.
Consideration should also be given to individuals who have speial knowledge or background related
to the field of parks and recreation.
City Liaison: John Rebar
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Sec. 2-171
Chris
Dana
David
Eliane
Harriet
Jenifer
Jonathan
Lee
Leslie
Lori
Paul
Ronald
Stephanie
Growald
Turken
Berger
Soffer
Halpryn
Caplan
Groff
Zimmerman
Graff
Nieder
Stein
Krongold
Rosen
Tennis
Scott Rakow Youth Ct.
Tennis
Golf
Golf
No. Shore Park Youth Ct
1213112014 City Commission 12131121
1213112015 City Commission 12131/19
'1213112015 City Commission 121311'19
1213'll2O15 CommissionerMichaelGrieco'12131121
1213'112014 Commissioner Jonah M. Wolfson '12131115
1213112015 City Commission '12131119
1213112014 CommissionerDeedeWeithorn'12131117
1213'112015 CommissionerJoyMalakoff 12131121
1213'112014 Commissioner Ed Tobin 12131115
1213'112015 CommissionerMickySteinberg 12131121
1213112014 Mayor Philip Levine 12131121
1213112014 City Commission 12131119
1213112014 City Commission 12131119
Applicants Position/Title Applicants Position/Title
Beverly Heller
Chris Growald
Daniel Nagler
Joseph Conway
Lindsay Genet
- ti6niiniii oiniiT i i z tiii
Bruce Reich
Christopher Todd
Eneida Mena
Joseph Hagen
Mark Balzli
Page 32 of 42 (Continued....
574
Board and Committees Curuent Members
Mojdeh Khaghan
Sam Rabin Jr.
Wesley Castellanos
Nawaz Gilani
Tiffany Heckler
Wednesday, Oaober I 5, 20 11 Page 33 of42
575
Board and Committees Current Members
Personnel Board sec' 2'1eo'66
Composition:
Ten (10) members appointed by a 5/7 vote.
Six (6) of which shall be citizens of Miami Beach not in the employment of the city, each having a
different vocation;
and three (3) regular employees of the City of Miami Beach, to be elected by the probationary and
regular employees of the city and who shall be elected from the employees of regular status in the
respective groups:
Group I shall consist of the employees of the Police Department, Fire Department
and Beach Patrol Departnrent,
Group II shall consist of employees who are in clerical and executive positions,
Group III shall consist of al! other employees,
The Personnel Director is a non-voting member.
City Liaison: Sylvia Crespo-Tabak
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Gabriel Paez
lvette lsabel Borrello
Lori Gold
Matthew Krieger
Mo.ideh Khaghan
Rosalie Pincus
Alex Bello eledd7l3tl2014 exp. 7l3Ll20L7 Group I
Eduardo Carranza electeed 812912014 exp. 0713L120L6 Group II
Evette Phillips eledt&710912012 exp. 7l3ll20l5 Group III
Sylvia Crespo-Tabak Human Resources Director
1213112014 City Commission 12131115
1213'll2l15 City Commission 12131119
1213112014 City Commission 12131118
1213112015 City Commission 12131119
1213112014 City Commission 12131116
1213112015 City Commission '12131115
Applicants Position/Title Applicants Position/Title
Christine Butler
Michael Perlmutter
Richard Preira
Dr. Elsa Orlandini
Nancy Wolcott
Wednesday, October 15, 2014 Page 31 of12
576
Board and Committees Curuent Members
Planning Board
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) regular voting members. The voting members shall have considerable experience in
general business, land development land development practices or land use issues; however, the
board shall at a minimum be comprised of:
1) one architect registered in the state of Florida; or a member of the faculty of a school of
architecture in the state, with practical or academic expertise in the field of design, planning, historic
preservation or the history of architecture; or a landscape architect registered in the state of Florida;
or a professional practicing in the fields of architectural or urban design, or urban planning;
2) one developer who has experience in developing real property; or an attorney in good standing
licensed to practice law within the United States.
3) one attorney licensed to practice law in the state of Florida who has considerable experience in
land use and zoning issues;
4) one person who has education and/or experience in historic preservation issues. For purposes of
this section, the term "education and/or e><perience in historic preseruation issues" shall be a person
who meets one or more of the following criteria:
A) Has eamed a college degree in historic preservation;
B) Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or
C) Is recognized by the city commission for contributions to historic preseruation, education or
planning; and
5) three persons who are citizens at large or engaged in general business in the city
No person except a resident of the city, who has resided in the city for at least one year shall be
eligible for appointment to the planning board. The City Commission may waive the residency
requirements by a 5/7ths vote in the event a person not meeting these requirements is available to
serve on the board and is exceptionally qualified by training and/or experience.
City Liaison: Michael Belush
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Sec. 118-5't
Brian
Frank
Jack
Jean-Francois
Jeffrey
Jonathan
Randolph
Elias
Kruszewski
Johnson
Lejeune
Feldman
Beloff
Gumenick
General Business
General Business
Historic Preservation
Architect
Developer
Attorney
General Business
12131t2015
12t31t2014
12t31t2014
'12t31t2014
12t3'U2015
1213112015
't2t31t201s
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31119
12t31t18
't2t31118
12131t17
12t31t19
1213'U15
12t3'U't9
Applicants Position/Title Applicants Position/Title
Andres Asion
Christine Florez
Daniel Veitia
Deborah Castillo
Jack Benveniste
Jared Galbut
Jennifer Lampert
Brian Ehrlich
Daniel Hertzberg
David Wieder
Dominique Bailleul
James Silvers
Jeffrey Cohen
Jessica Conn
Wednesdoy, Oclober I 5, 20 I 1 Page 35 of 42 (Continued...
577
Boord and Committees Curuent Members
Kathleen Phang
Marina Novaes
Muayad Abbas
Noah Fox
Robert Sena
Seth Frohlich
*tiffir;ii;,-o;;iZr"ti,")tiIt" -'
Madeleine Romanello
Mark Alhadeff
Nelson Fox
Richard Alhadeff
Scoft Needelman
Suzanne Hollander
Page 36 of42
578
Board and Committees Curuent Members
Police Citizens Relations Committee Sec. 2-190.36
Composition:
The committee shall consist of foufteen (14) voting members. The members shall be direct
appointments with the Mayor and City Commissioners, each making two (2) individual appointments.
As per Sec. 2-190.40, the voting members of the committee shall have knowledge of and interest in
Police Community Relations and their impact on the City of Miami Beach. Recommendation for
appointnent to all voting and nonvoting membership selected by the Mayor and Commission shall be
encouraged to be obtained from the Spanish-American League Against Descrimination (S.A.L.A.D.);
the League of United Latin American Citizens (L.U.L.A.C.); the Anti-Defamation League (A.D.L.); the
Dade Action PacU the National Association for the Advancement of Colored People (N.A.A.C.P.); the
League of Women Voters and the other organizations deemed appropriate.
City Liaison: Chief DanielJ. Oates
Vacancy:
To replace
Alejandro
Dominguez
Members:
tZl3Ll20L5 Mayor Philip Levine
Name Last Name Position/TitIe Term Ends: Appointed by:Term Limit:
Antonio
Bruce
Daniel
Jared
Jordan
Melissa
Meryl
Michael
Nelson
Robert
Steven
Tiva
Walter
Hernandez Jr
Reich
Aronson
Ptitt
Nadel
Broad
Wolfson
Perlmutter
Gonzalez
Lopez
Oppenheimer
Leser
Lucero
12t31t2014
12131t2015
12t31t2014
12t31t2015
12t31t2014
't2t31t2014
12t31t2014
12t31t2014
12t31tzl',t5
12t31t2015
12131120',t4
12t3112015
't2t31t2015
CommissionerJoyMalakoff 12131121
CommissionerMickySteinberg 1213'1121
CommissionerMickySteinberg 12131121
Commissioner DeedeWeithorn 12131115
CommissionerMichaelGrieco 12131121
Commissioner Ed Tobin 12131121
CommissionerJoyMalakoff 1213'll2'l
CommissionerMichaelGrieco 1213'll2O
Commissioner Ed Tobin '12131115
Mayor Philip Levine 12131121
Commissioner Jonah M. Wolfson '12131117
Commissioner Jonah M. Wolfson 12131121
Commissioner DeedeWeithorn 1213'1119
Applicants Position/Title Applicants Position/Title
Daniel Nagler
Eric Lawrence
lrene Valines
Joyce Garret
Lawrence Raab
Leif Bertrand
Mario Coryell
Monica Fluke
Prakash Kumar
Rafael Leonor
Stephen Fox, Jr.
Deborah Ruggiero
Eugenio Cabreja
Joseph Hagen
Larry Colin
Lee Zimmerman
Lori Gold
Michael Bernstein
Nawaz Gilani
Rachel Schuster
Richard Preira
Zeiven Beitchman
lTednesday, October 1 5, 20 1 1 Page 37 of12
579
Board and Committees Current Members
Production Industry Council Sec. 2-71
Composition:
The council shall consist of seven (7) voting members, the Mayor and each Commissioner shall make
one direct appointment.
All regular members shall have knowledge of the fashion, film, news media, production, television and
or recording industries of the city.
Each of the six (5) industries shall be represented by at least one member, but no more than three
(3) members, who are directly involved with that industry.
City Liaison: Graham Winick
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Aleksandar
Belkys
Bruce
Daniel
Joanna
Joanna-Rose
Noreen
Stojanovic
Nerey
Orosz
Davidson
Popper
Kravitz
Legault-Mendoza
Production
Production
Fashion
Fashion
News Media
Recording lndustry
TV/Film
12131t2014
12t31t2015
12t31t2014
12t31t2014
'12t31t2014
12t3112015
1213112015
Mayor Philip Levine '12131121
CommissionerDeedeWeithorn'12131118
Commissioner Ed Tobin 12131115
CommissionerMichaelGrleco 1213112'l
CommissionerJoyMalakoff '12131121
CommissionerMickySteinberg 12131121
Commissioner Jonah M. Wolfson '12131117
Applicants Position/Title Applicants Position/Title
lrene Valines Samantha Bratter
Wednesday, Octobet I 5, 20 I 1 Page 38 ol12
580
Board and Committees Current Members
Sustainability C ommittee 2008-3618
Composition:
The Committee shall consist of seven (7) voting members, one each to be directly appointed by the
Mayor and each City Commissioner. A Commissioner, appointed by the Mayor, shall serve as a non-
voting member and shall serye as the chairperson of the Committee.
The purpose of the Committee is to provide guidance and advice with regard to the City's efforts to
provide and promote general environmental improvement trends, or "Green Initiatives," and
"Sustainable Development", which is herein defined as a pattern of resource use that aims to meet
community needs while preseruing the environment so that these needs can be met, not only in the
present, but in the indefinite future.
The Committee shall make advisory recommedations to the City Commission and the City
Manager to promote Citywide Green Initiatives and to promote and provide plans for Sustainable
Development in the City of Miami Beach.
City Uaison: Elizabeth Wheaton
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Cheryl
Commissioner
David
Debra
Lily
Michael
Steve
Susan
Jacobs
Grieco
Doebler
Leibowitz
Furst
DeFilippi
Vincenti
Hart
12131t2014
12t31t2015
12t31t2015
12t31t2015
12t31t2015
12t31t2014
1213112014
12t31t2015
CommissionerJoyMalakoff 1213'1121
Mayor Philip Levine
CommissionerMickySteinberg'l2l31l2O
Commissioner DeedeWeithorn'12131115
Commissioner Jonah M. Wolfson 12131115
Commissioner Ed Tobin '12131121
CommissionerMichaelGrieco 1213'1121
Mayor Philip Levine 12131121
Applicants Position/Title Applicants Position/Title
Amy Rabin
Jenifer Caplan
Russell Hartstein
Andrea Travaglia
Marivi lglesias
Walker Burttschell
llednesday, October 1 5, 20 1 1 Page 39 of12
581
Board and Committees Current Members
Transportation, Parking, Bicycle-Ped. Fac. Comm. Sec' 2-1e0'e'l
Composition:
Committee shall consist of fourteen (14) voting members.
The Mayor and City Commissioners shall each make one (1) direct appointment with the other seven
(7) members of the committee to be composed of members from the following community
organizations, each of which must designate a permanent coordinating representative:
1) Miami Beach Chamber of Commerce's Transportation and Parking Committee,
2) Miami Beach Community Development Corporation,
3) Ocean Drive Association,
4) Miami Design Preseruation League,
5) North Beach Development Corporation,
6) Mid-Beach Neighborhood or Business Association,
7) Lincoln Rd Marketing, Inc.,
On an annual basis, the members of the committee shall elect a chairman and such other officers as
may be deemed necessary or desirable, who shall serue at the will of the committee. Seven (7)
members of the committee shall consist of a quorum of the committee and shall be necessary in
order to take any action.
The members of the voting committee shall have knowledge of and interest in transpoftation and
parking and their impact on the city. The members designated by their respective community
organization shall provide a letter from such organization ceftifying that designation to the city clerk.
AS PER ORDINANCE 20L4-384t, NEW COMPOSTION EFFECTIVE 05l3Ll20la:
City Liaison: Saul Frances
Vacancy:
To replace Maria
MaYer
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
L2/3L12015 Commissioner Ed Tobin
Member Lincoln Road M
Deborah Ruggiero
Eric Ostroff
Hector Fontela
Ray Breslin
Scott Diffenderfer
Seth Wasserman
Al Feola Member Ocean Drive Association
Delvin Fruit Member MBNA
Jo Asmundsson Member MBCDC
Madeleine Romanello Member MBCC
Mark Weithorn Member NBDC
William "Bill" Hahne Member MDPL
1213112014 CommissionerMickySteinberg'12131121
1213112014 CommissionerDeedeWeithorn 121311'18
1213112014 Mayor Philip Levine '12131121
1213112015 CommissionerJoyMalakoff '12131121
1213112015 Commissioner Jonah M. Wolfson '12131115
1213112015 CommissionerMichaelGrieco 12131116
* if"ii 6fifr' ilii io ;-i'imi i Page 10 of 12 (Continued....
582
Board and Committees Current Members
Applicants Position/Title Applicants Position/Title
Leif Bertrand
Mayela Mueller
Robert Lopez
Lindsay Genet
Rafael Leonor
583
Board and Committees Current Members
Visitor and Convention Authority
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) member who shall be permanent residents of Miami-Dade County.
The seven (7) members of the authority shall be representative of the community as follows:
1) Not less than two (2) nor more than three (3) members shall be representative of the hotel
industry;
2) and the remaining members none of whom shall be representative of the hotel industry, shall
represent the community at-large. Any member of the authority or employee therefore violating or
failing to comply with provisions of this afticle shall be deem to have vacated his office or position.
City Liaison: Grisette Roque.
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Sec. 102-246
Aaron
Adrian
Daniel
Margaret
(Peggy)
Stephen
Steven
Tim
Perry
Gonzalez
Hertzberg
Benua
Hertz
Adkins
Nardi
12t31t20'14
12t3',U20',t5
12t31tzi',t5
12t31t2014
't2131t2015
12t31t20',14
12131t2015
Commission
Commission
Commission
Commission
Commission
Commission
Commission
12t31t16
't2t31t't9
12t311',t9
't2t31t',17
12t31t19
12t31114
12t31t19
At-Large
At-Large
Hotel lndustry
At-Large
At-large (TL 12131 l2O1 4)
Hotel lndustry
City
City
City
City
City
City
City
Applicants Position/Title Applicants Position/Title
Charles Million
Dona Zemo
Jeffrey Graff
Laurence Herrup
Seth Feuer
Christy Farhat
Jared Galbut
Kristen Rosen Gonzalez
Matthew Krieger
Page 12 of12
584
Gity Gommission Gommittees
Eunmittm Po$lthr tlrst tlam lp[ointsil [y
Finance & Citywide Projects Committee
Flooding Mitigation Committee
Chairperson
Vice-Chair
Member
Alternate
Liaison
Chairperson
Vice-Chair
Member
Alternate
Liaison
Chairperson
Vice-Chair
Member
Commissioner Deede Weithorn
Commissioner Ed Tobin
Commissioner Micky Steinberg
Commissioner Michael Grieco
Patricia Walker, CFO
Commissioner Johah Wolfson
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Ed Tobin
Bruce Mowry
Commissioner Joy Malakoff
Commissioner Jonah Wolfson
Commissioner Michael Grieco
Commissioner Deede Weithorn
Thomas Mooney, Planning Dir.
Commissioner Ed Tobin
Commissioner Micky Steinberg
Commissioner Deede Weithorn
Land Use & Development Committee
Chairperson
Vice-Chair
Member
Alternate
Liaison
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Neighborhood/Community Affairs Commiftee
Wednesday, October 15, 2014 Page 1 of2
585
Cmntttn hlth tlrstllams fpUintul[y
Alternate Commissioner Joy Malakoff Mayor Levine
Liaison Barbara Hawayek, City Manager
Wednesday, October 15, 2014 Page 2 of 2
586
r.-..f..,
I-.-
NON.CITY CO'UMISSION COMMITTEES
Moyor Philip Levineo Miomi-Dode Metropoliton Plonning Orgonizotion
Commissioner Deede Weithorn. Miomi-Dode County Homeless Trust Boord
Commissioner Joy Molokoff. Wolfsonion Advisory Boord
Victor Dioz. Miomi-Dode County Chorter Review Tosk Force
Ricky Arriolo ond Richord Milstein. Adrienne Arsht Center - Performing Arts Center Trust
Christine A. Gudqiris ond Borborq Herskowitz. Public Librory Advisory Boord
VACANT:. Adrienne Arsht Center - Performing Arts Center Trusto Citizens' Oversight Committee/lnterlocol Agreement for Public School Focility
Plonning MDC. FIU Wolfsonion Advisory Boord. Florido Leogue of Cities. Girl Power Honorory Membero Greoter Miomi Convention ond Visitors Bureou Executive Committee. lnternotionol Hisponic Networko lnternotionol Women's Forum - Arvo Moore Porks. Miomi-Dode County Leogue of Citieso Miomi-Dode County Tourist Development Councilo Notionol Leogue of Cities. South Florido Eost Coost Corridor Coolition. U.S. Conference of Moyors
587
THIS PAGE INTENTIONALLY LEFT BLANK
588
r--,.-.o
I--
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISS]ON MEMORANDUM
TO:Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT: BOARD AND COMMITTEE ENTS - CITY GOMMISSION APPOINTMENTS
ADMINISTRATION RECOMMENDATION
Make appointments as indicated.
ANALYSIS
The applicants that have filed with the Office of the City Clerk for the below at-large appointments are
included with item R9A.
BOARDS AND COMMITTEES
1. Affordable Housing Advisory Committee (Current Vacancies: 5)
Vacant Categories:
. One citizen who is actively engaged in the residential home building industry in
connection with affordable housing.
. One citizen who is actively engaged as an advocate for low-income persons in connection
with affordable housing.
. One citizen who is actively engaged as a not-for-profit provider of affordable housing.
. One citizen who resides within the jurisdiction of the local governing body making the
appointments.
. One citizen who represents essentialservices personnel, as defined in the localhousing
assistance plan.
2. Art in Public Places Committee (Current Vacancies: 1)
3. Design Review Board (Current Vacancies: 1)
Vacant Categories:
. One Landscape Architect.
Asenda ttem Aq dlF:\CLER\$ALL\a City Commission\Commission Memo B & C FOR OCTOBER 222014 COMMISSTON MEET Date (o-Ja-l(589
4. Health Advisory Gommittee (Current Vacancies: 1)
Vacant Categories:
. One CEO from Miami Beach Community Health Center/designee.
5. Health Facilities Authority Board (Current Vacancy: 1)
. One health provider.
6. Miami Beach GulturalArts Council (Current Vacancy: 1)
7. Miami Beach Human Rights Commiftee (Current Vacancy: 1)
Please see the 'Agenda - Agenda Archives" for the continuously updated Releases of City
Commission At-Large Nominations listing current information about which applicants have actually
been nominated. The Agenda-Agenda Archives website is located at:
http ://miamibeachfl. oov/citvclerUscrol l. aspx?id =7796 1
Alternatively, the Releases can be found by going to the City's main portal located at
http://miamibeachfl.oov; and under the City Clerk section, located on the bottom right hand side of the
webpage, click on the "Agenda Archives" link; thereafter choose the first listed Commission meeting
and click on City Commission At-Large Nominations.
JM/REG
F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR OCTOBER 222014 COMMISSION MEET|NG.docx
F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR OCTOBER 222014 COMMTSSTON MEETtNG.docx590
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMM/SSION MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Mayor Philip Levine, Mayor
DATE: October 22,2014
SUBJECT: Appointments to the Performing Arts Center Trust (PACT)
There are currently two opening for Miami Beach at the Performing Arts Center Trust
(PACT). As such, I nominate Ricky Arriola for reappointment and Mr. Larry Colin for
appointment.
lf you have any questions, please do not hesitate to contact Alex Miranda at
AlexMiranda@miamibeachfl .gov.
l|'e are committed to providing ucelleat pablic scn,ice and safety to all uho live, uorN and play in our uibrant, tropical hisnnc communty.
Asenda ttem flQ *L
Date lo-Z?{4591
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592
R9 - New Business and Commission Requests
RgBl Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
RgB2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
AGENDA ITEM R? B IJ
DArE l0-u-/y
593
THIS PAGE INTENTIONALLY LEFT BLANK
594
R9 - New Business and Commission Requests
RgC Update On The Miami Beach Convention Center Project.
(City Manager's Office)
Agenda ltem RQC
oate /040-/9595
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596
MIAMIBEACH
City of Miomi Beoch, I 200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
October 22,2014
TO:
FROM:
DATE:
the City Co
SUBJECT: DISCUSSION REGARDING SCHEMATIC DESIGN OF THE MIAMI
BEACH CONVENTION CENTER PROJECT AND PARK
BACKGROUND
The City Commission directed the Administration to redevelop the Miami Beach Convention
Center under a design-build approach. Under State of Florida law, the City was required to
retain a Design Criteria Professional to create a Design Criteria Package to enable the design-
build firm to prepare bids on a common basis. The City Commission hired Fentress Architects
(Fentress) as its Design Criteria Professional. Fentress has completed the schematic design of
the project and is proceeding with Design Development. City staff will be requesting flnal
approval of the design by the Design Review Board at its November 4, 2014 meeting. Any
material changes proposed by the Design Review Board will be brought back to Commission at
the November City Commission meeting.
PRESENTATION
The attached presentation includes information regarding the facility design, exterior fagade
design, traffic and parking plan, the six acre Convention Center park and surrounding landscape
plan, current schedule and phasing plan, and the current budget and finance plan. lnterior
design plans are in process and will be presented at a later date.
CONCLUSION
The schematic design will serve as the basis for finalization of the Design Criteria Package
(DCP) that is planned to be brought back to the City Commission at its December 2014
meeting. The final DCP will be issued to the design build firm finalists for Phase 2 of the design
builder evaluation selection process.
REQUESTED CITY COMMISSION ACTION
The Administration requests approval of the schematic design, as presented, to serve as the
basis for finalization of the Design Criteria Package of the project.
ATTACHMENTS
Attachment A: Presentation
JLM / MH /Iil
T:\AGENDA\2014\OctobeAMBCC & CC Hotel\Discussion Regarding the MBCC Schematic Design.docx
Agenda ttem RQ C I
Date lO'N'lY597
Attachment A
Power Point Presentation to Follow
598
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
October 22,2014
DISCUSSION REGARDING THE POSSIBLE FUTURE CONVENTION CENTER
HOTEL
BACKGROUND
On September 10, 2014, the City Commission directed the Administration to prepare a traffic
study related to the development of a convention center headquarter hotel on the City
Commission approved site (refer to Exhibit A) at the corner of 17th Street and Convention
Center Drive, behind the Fillmore Theater. That study has begun. ln addition, the City
Commission requested the Administration prepare a schedule for the potential procurement of a
hotel developer. The following outlines hotel RFP schedule options and actions the
Commission will need to take to meet the desired schedule.
HOTEL RFP SCHEDULE
The proposed leasing of the City-owned hotel site to a private developer will require a
referendum with 60% voter approval. Beginning on Page 3 is a schedule assuming two election
scenarios, the first scenario would require a special election in May 2015 and a second
scenario, which would occur in November 2015, would not require a special election. To meet
these election dates, the City commission must have the ballot language approved, hotel
developer selected, and hotel lease completely negotiated by March 6 or September 4,
respectively.
Upon review of the steps necessary to procure the hotel developer and negotiate the lease, the
Administration does not believe it will be possible to hold the special election in May 2015.
The November 2015 date is possible provided the process begins immediately. Key dates for
the November 2015 referendum are as follows:
. October 2014 - Commission directs staff to begin the hotel RFP process and refers an
item to the Land Use Committee to assess the minimum hotel parking requirement and
maximum hotel height requirement.
. November 2014 Planning Board takes action on the minimum hotel parking
requirement and maximum hotel height requirement.
. December 2014o Land Use Committee takes action on the minimum hotel parking requirement and
maximum hotel height requirement.o Completion of hotel traffic study and City Commission guidance on maximum
number of hotel rooms.
TO:
FROM:
DATE:
SUBJECT:
Agenda ltem R4 D
Date to-22-U599
Commission Memorandum - Drscusslon Regarding The Possible Future Convention Center Hotel
October 22, 2014
Page 2 of 8
o City Commission first reading of any ordinances required for the minimum hotel
parking requirement and maximum hotel height requirement.
o January 2015o City Commission second reading of any ordinances required for the minimum
hotel parking requirement and maximum hotel height requirement.o City Commission action to approve the Hotel RFP (including the lease template
and room block agreement).
o February 2015 - Pre-submission conference.
. March 2015 - Proposals due.
. April 2015 - Proposal analysis, interviews.
. May 2015 - City Commission selection of the Hotel developer.
. June-July - Finalize lease negotiations, draft ballot language.
. August 2015 - City Commission approval of the ballot language and final lease.
. September 4, 2015 - Ballot language and final lease to County Clerk.
. November 2015 - Hotel Referendum.
o 2016 Hotel design (if referendum passes).
. 2017-2018 Hotel construction (opens 12 months after Convention Center project
completion)
REQUESTED COMMISSION ACTION
1. Direct the Administration to move fonvard with the hotel RFP process assuming a November
2015 ballot question.
2. lf so directed, refer to the Land Use Committee and the Planning Board, a discussion
item and Ordinance Amendment pertaining to the minimum hotel parking requirement
and maximum hotel height requirement to be included in the RFP.
Attachmenl Exhibit A - Hotel Site Draft
JLM / MH /,{*
T:\AGENDA\2014\Octobe^MBCC & CC Hotel\Discussion Regarding The Possible Future Convention Center
Hotel.docx
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EXHIBIT A
AREA WITHIN
NEW HOTEL SITE
2.65 ACRES /
115,26s SQFT
EDGE OF MBCC
EASE
HETGHT +23.0'TO 83.0'
DRAFT
POTENTIAL HOTEL SITE
MBCC - 9/30/14
607
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608
R9 - New Business and Commission Requests
RgE Report From Miami-Dade County Public Schools On The Status Of The Action Plan
Related to Nautilus Middle School And Progress To Date.
(Organization Development Performa nce I n itiatives)
Aoenda ltem Rq EDateW609
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610
R9 - New Business and Commission Requests
Discussion Regarding Committee For Quality Education Motions Made February And
March 2014 Regarding Extended Foreign Language (EFL) Program ln Miami-Dade
Public Schools.
(Requested by Commissioner Edward L. Tobin)
(Continued from September 10,2014 - RgF)
Agenda ltem Re FDate1ffi77611
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612
R9 - New Business and Commission Requests
RgG Presentation Of The Storm Ready Certification To Our City From The National Weather
Service.
(Emergency Management)
Agenda ltem RQ F
Date lo-dklc/613
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614
R9 - New Business and Commission Requests
RgH Discussion Regarding The Mid-Beach Trolley System.
(Requested by Mayor Philip Levine)
Agenda ttem R7H
Date /0r2-/Q615
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616
MIAMIBEACH
City of Miomi Beoch, I 200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
TO:
FROM:
DATE:
SUBJECT: THE COMMITTEE OF THE WILL MEET ON OGTOBER 22, 2014 IN THE
GITY MANAGER'S OFFICE CONFERENGE ROOM TO DISCUSS THE
2015 CIry GOMMISSION MEETING DATES.
ANALYSIS
Pursuant to Section 2.04 of the Miami Beach City Charter, the City Commission shall meet at such
times as may be prescribed by ordinance or resolution.
The Administration recommends that when preparing the City Commission meeting calendar, the
City Commission take into consideration the following events: U.S. Conference of Mayors; Miami-
Dade County Days; Art Basel; ICMA Conference; August recess; September to set the
tentative/final millage and budget approval; November for election/runoff election meetings (if it is
an election year); and Federal & Religious Holidays. (Note: The Miami Beach Annual Boat Show is
scheduled for February 12-16, with move-in scheduled to start on February 6-11 and move-out
scheduled on February 17 -20, which creates significant parking and traffic challenges for the City
Hall area.)
ln order to make the City Commission Meetings more efficient and prevent residents from
spending multiple hours waiting for a time certain item to be heard, Mayor Philip Levine proposed
last year that all presentations and awards be heard at a separate meeting. By placing the
Presentations and Awards on the Alternate meeting date, the regular City Commission meetings
will start business on time, which will increase the likelihood that time certain agenda items are
taken up at the time listed, or closely thereafter. Additionally, having a designated Presentations
and Awards Commission Meeting will allow the City Commission an opportunity to properly
acknowledge and show gratitude to those individuals or groups who have taken an active role in
serving our community. lf needed, the Presentations and Awards Commission Meeting may be
utilized as a continuance for items not reached during the previous Commission Meeting.
The Administration suggests that when scheduling the 2015 City Commission Meeting dates, the
City Commission accomplish three goals: 1) schedule one City Commission meeting and one
alternate meeting a month, if possible; 2) schedule Commission meetings on Wednesdays; and 3)
not schedule Commission meetings during the month of August, while the City Commission is in
recess.
COMMISSION MEMORANDUM
Agenda ltem R0I
oate lo -J)-//
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
October 22,2014
the City Co
617
RECOMMENDATION
It is recommended that the City Commission meetings be set as follows:
Commission Meetinos
January 14 (Wednesday)
February 11 (Wednesday)
March 11 (Wednesday)
April 15 (Wednesday)
May 13 (Wednesday)
June 10 (Wednesday)
July 15 (Wednesday)
August - City Commission rn recess
September 9 (Wednesday)
October 14 (Wednesday)
November 9" (Monday)
December 9 (Wednesday)
* Meeting(s) for election related items only.
Alte rn ate ( P rese ntati o nl M eeti n ss
January 28 (Wednesday)
February 25 (Wednesday)
March 18 (Wednesday)
April 29 (Wednesday)
May 20 (Wednesday)
July 29 (Wednesday)
(September TBA) ld Rdg of Budget
October 28 (Wednesday)
November 23"(Monday)
December 16 (Thursday)
The proposed 2Q15 calendar calls for 1 1 regularly scheduled meetings, 9 alternate meetings,
and an additional Special Budget meeting to be scheduled at a later time in September.
CONGLUSION
The Administration is seeking direction from the Mayor and Commission as to the 2015 City
Commission meeting dates, so that a resolution adopting the meeting dates may be brought forth
during the November 19, 2014 Commission meeting.a
llvMrc
Attachment "A". List of legal and religious holidays.
Attachment "B". List of Jewish holidays.
Attachment "C": Known unavailable dates on Commission Calendars for Year 2015
T:\AGENDA\20 1 4\OctobeM0l S-Commission dates Committee of the Whole.doc
618
Attachment "A"
CITY OF MIAMI BEACH LEGAL AND RELIGIOUS HOLIDAYS 2015
New Year's Day Thursday, January l,2O1S
Dr. Martin Luther King, Jr. Day Monday, January 1g,2O1S
President's Day Monday, February 16,2015
Good Friday Friday, April 3, 2015
Easter Sunday, April 5, 2015
Memorial Day Monday, May 2S,2e1S
lndependence Day Friday, July 3, 2015
Labor Day Monday, September Z,z}ls
Veterans Day Wednesday, November 11,2015
Thanksgiving Day Thursday, November 26,2014
Day after Thanksgiving Friday, November 27,2014
Christmas Friday, December 2S,2O1S
619
Fast ofTevet 10
Tu B'Shevat
Purim
Ta'anit Esther
Shushan Purim
Passover
Second Passover
Lag B'Omer
Sefirat HaOmer
Shavuot
The Three Weeks
Fast of the 17th of Tammuz
Fast of Tish'a B'Av
The 15th of Av
Rosh Hashanah
The Month of Elul
Fast of Gedaliah
Yom Kippur
Sukkot
Hoshanah Rabbah
SheminiAtzeret & Simchat Torah
Chanukah
Fast ofTevet 10
Aftachment "B"
JEWISH HOLIDAYS 2015
January 1
February 4
March 4-5 (work should be avoided)
March 4
March 6
April 3-11 (work permitted gillon April 6-9)
May 3
May 7
April4 - May 23
May 23-25 (no work permitted)
July 4-25
July 5
July 25-26
July 31
September 13-15 (no work permitted)
August 16 - September 13
September 16
September 22-23 (no work permitted)
September 27 - October 4 (work permitted on Sept. 30-Oct. 2)
October 4
October 4-6 (no work permitted)
December 6-14
December 22
620
Attachment "G"
Known Unavailable Dates On Commission Galendars For Year 2015
Year 2015 Tobin Malakoff Steinberg Grieco Wolfson Weithorn Levine
January
February
March
April 4t29t15
May 5t7t15 -
5t22t15
June
July 7t10115 -
7t24t15
August
September
October
November
December 12t23t15 -
1t3t16
621
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622
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dote: October 7,2014
Re: Commission Agendq ltem
Pleose ploce on the October 22,2014 Commission Agendo the following item:
Discussion regording the Civil Forfeiture policy of rhe City of Miomi
Beoch.
Civil Forfeilure is o procedure in which lqw enforcement ogencies ore
ollowed Io seize property from individuols who moy or moy not hove
commified q crime. This procedure hos goined nqtionol ofiention
recently qnd the Woshinglon Posl published on qrticle thot outlines the
potentiol issues wirh lhe procedure. I hove ottqched o copy of port I
of rhe orticle series os porf of rhis memo.
Pleose feel free to contoct my Aide, Brett Cummins ot x6437, if you hove ony
questions.
JW
Agenda ltem R?.r
Date /0-22-/C/623
Stop and seize
Aggressive police take hundreds of millions of dollars
from motorists not charged with crimes
Written by Michael Sallal,, Roberl O'Harrow Jr'., Steven Ri*lr
Published on Septernb er 6,2014
After the terror attacks on Sept. ll, 2001, the government called on police to become the eyes
and ears of homeland security on America's highways.
Local officers, county deputies and state troopers were encouraged to act more aggressively
in searching for suspicious people, drugs and other contraband. The departments of
Homeland Security and Justice spent millions on police training.
The effort succeeded, but it had an impact that has been largely hidden from public view: the
spread of an aggressive brand of policing that has spurred the seizure of hundreds of millions
of dollars in cash from motorists and others not charged with crimes, a Washington Post
investigation found. Thousands of people have been forced to fight legal battles that can last
more than ayear to get their money back.
Behind the rise in seizures is a little-known cottage industry of private police-training firms
that teach the techniques of "highway interdiction" to departments across the country.
One of those firms created a private intelligence network known as Black Asphalt Electronic
Networking & Notification System that enabled police nationwide to share detailed reports
about American motorists - criminals and the innocent alike - including their Social
Security numbers, addresses and identiffing tattoos, as well as hunches about which drivers
to stop.
Many of the reports have been funneled to federal agencies and fusion centers as part of the
goveflrment's burgeoning law enforcement intelligence systems - despite warnings from
state and federal authorities that the information could violate privacy and constitutional
protections.
A thriving subculture of road officers on the network now competes to see who can seize the
most cash and contraband, describing their exploits in the network's chat rooms and sharing
"trophy shots" of money and drugs. Some police advocate highway interdiction as a way of
raising revenue for cash-strapped municipalities.
"All of our home towns are sitting on a tax-liberating gold mine," Deputy Ron Hain of Kane
County, Ill., wrote in a self-published book under a pseudonym. Hain is a marketing
specialist for Desert Snow, a leading interdiction training firm based in Guthrie, Okla., whose
624
founders also created Black Asphalt.
Hain's book calls for "tuming our police forces into present-day Robin Hoods."
Cash seizures can be made under state or federal civil law. One of the primary ways police
departments are able to seize money and share in the proceeds at the federal level is through a
long-standing Justice Department civil asset forfeiture program known as Equitable Sharing.
Asset forfeiture is an extraordinarily powerful law enforcement tool that allows the
government to take cash and property without pressing criminal charges and then requires the
owners to prove their possessions were legally acquired.
The practice has been controversial since its inception at the height of the drug war more than
three decades ago, and its abuses have been the subject ofjournalistic expos6s and
congressional hearings. But unexplored until now is the role of the federal government and
the private police trainers in encouraging officers to target cash on the nation's highways
since 9/1 1.
"Those laws were meant to take a guy out for selling $1 million in cocaine or who was trying
to launder large amounts of money," said Mark Overton, the police chief in Bal Harbour,
Fla., who once oversaw a federal drug task force in South Florida. "It was never meant for a
street cop to take a few thousand dollars from a driver by the side of the road."
To examine the scope of asset forfeiture since the terror attacks, The Post analyzed a database
of hundreds of thousands of seizure records at the Justice Department, reviewed hundreds of
federal court cases, obtained internal records from training firms and interviewed scores of
police officers, prosecutors and motorists.
Civil forfeiture cash seizures
Under the federal Equitable Sharing Program, police have seized $2.5 billion since 2001
from people who were not charged with a crime and without a warrant being issued. Police
reasoned that the money was crime-related. About $1.7 billion was sent back to law
enforcement agencies for their use.
The Post found:
. There have been 61,998 cash seizures made on highways and elsewhere since 9/11
without search warrants or indictments through the Equitable Sharing Program, totaling
more than $2.5 billion. State and local authorities kept more than $1.7 billion of that
while Justice, Homeland Security and other federal agencies received $800 million. Half
of the seizures were below $8,800.
. Only a sixth of the seizures were legally challenged, in part because of the costs of
legal action against the govemment. But in 41 percent of cases - 4,455 - where there
was a challenge, the govemment agreed to return money. The appeals process took more
than a year in 40 percent of those cases and often required owners of the cash to sign
agreements not to sue police over the seizures.
. Hundreds of state and local departments and drug task forces appear to rely on seized
cash, despite a federal ban on the money to pay salaries or otherwise support budgets. The
625
Post found that 298 departments and 210 task forces have seized the equivalent of 20
percent or more of their annual budgets since 2008.
. Agencies with police known to be participating in the Black Asphalt intelligence
network have seen a32percent jump in seizures beginning in 2005, three times the rate
of other police departments. Desert Snow-trained officers reported more than $427
million in cash seizures during highway stops in just one five-year period, according to
company officials. More than 25,000 police have belonged to Black Asphalt, company
officials said.
. State law enforcement officials in Iowa and Kansas prohibited the use of the Black
Asphalt network because of concerns that it might not be a legal law enforcement tool. A
federal prosecutor in Nebraska warned that Black Asphalt reports could violate laws
governing civil liberties, the handling of sensitive law enforcement information and the
disclosure of pretrial information to defendants. But officials at Justice and Homeland
Security continued to use it.
Justice spokesman Peter Carr said the department had no comment on The Post's overall
findings. But he said the department has a compliance review process in place for the
Equitable Sharing Program and attorneys for federal agencies must review the seizures before
they are "adopted" for inclusion in the program.
"Adoptions of state and local seizures - when a state and local law enforcement agency
requests a federal seizing agency to adopt a state and local seizure for federal forfeiture -represent an average of only 3 percent of the total forfeiture amount since 2007," Carr said.
The Justice Department data released to The Post does not contain information about race.
Carr said the department prohibits racial profiling. But in 400 federal court cases examined
by The Post where people who challenged seizures and received some money back, the
majority were black, Hispanic or another minority.
A 55-year-old Chinese American restaurateur from Georgia was pulled over for minor
speeding on Interstate 10 in Alabama and detained for nearly two hours. He was carrying
$75,000 raised from relatives to buy a Chinese restaurant in Lake Charles, La. He got back
his money 10 months later but only after spending thousands of dollars on a lawyer and
losing out on the restaurant deal.
A 40-year-old Hispanic carpenter from New Jersey was stopped on Interstate 95 in Virginia
for having tinted windows. Police said he appeared nervous and consented to a search. They
took $18,000 that he said was meant to buy a used car. He had to hire a lawyer to get back his
money.
Mandrel Stuart, a 35-year-old African American owner of a small barbecue restaurant in
Staunton, Va., was stunned when police took $17,550 from him during a stop in2012 for a
minor traffic infraction on Interstate 66 in Fairfax. He rejected a settlement with the
government for half of his money and demanded a jury trial. He eventually got his money
back but lost his business because he didn't have the cash to pay his overhead.
"I paid taxes on that money. I worked for that money," Stuart said. "Why should I give them
my money?"
626
In defense of seizures
Steven Peterson, a former U.S. Drug Enforcement Administration agent who arranged
highway interdiction training through a company called the 4:20 Group, said that patrol
officers used to try to make their names with large drug busts. He said he saw that change
when agency leaders realized that cash seizures could help their departments during lean
times.
"They saw this as a way to provide equipment and training for their guyS," Peterson said. "If
you seized large amounts of cash, that's the gift that keeps on giving."
There is no question that state and federal forfeiture programs have crippled powerful drug-
trafficking organizations, thwarted an assortment of criminals and brought millions of dollars
to financially stressed police departments.
Advocates of highway interdiction say it plays an important role in protecting the public and
that officers take care to respect the rights of citizens.
"We don't go hunting for money in general," said Sandy Springs, Ga., Officer Mike DeWald,
who has served as a trainer for 4:20. "I never have been pressured to go after money. We are
in pursuit of the criminal element."
Police trainers said that their work has helped make the country safer by teaching police to be
more vigilant in identifring drug smugglers and terrorists.
"9/11 caused a lot of officers to realize they should be out there looking for those kind of
people," said David Frye, a part-time Nebraska county deputy sheriff who serves as chief
instructor at Desert Snow and was operations director of Black Asphalt. "When money is
taken from an organrzation, it hurts them more than when they lose the drugs."
Frye and Desert Snow's founder, a former California highway patrolman named Joe David,
defended Black Asphalt, which David started in2004. They said they have taken steps in
recent years to ensure that the informal police network complies with state and federal laws.
David declined to speak to The Post.
"The Black Asphalt is not flawless, however the intent behind it is," David and Frye wrote in
a letter in2012 sent to police and obtained by The Post. "The information being moved
through the system has proven itself reliable on hundreds of occasions. Much more reliable
than any criminal informant. The results have been staggering. It has proven itself an
extremely valuable tool for law enforcement."
Hain, Desert Snow's marketing official, said "the operational and software platforms of the
Desert Snow site and Black Asphalt site are completely separate." He said Black Asphalt is
"a secure system for intelligence sharing" and does not store infonnation.
'No personal identifoing information from seizure reports have ever been collected or stored
by the Black Asphalt," Hain said. "The Black Asphalt software is simply a pass-through
system that allows the user to input data, which is then sent directly,via e-mail, to a select
627
group of law enforcement (i.e. local investigators, ICE Bulk Cash Smuggling Center, DEA
agents, etc.). Again, none of the personal information is held within the system, only the
summary of the seizure. And then the seizure narratives are only maintained for 21 days
before they get purged."
The Post obtained hundreds of Black Asphalt records from law enforcement sources with
access to the system.
Among Black Asphalt's features is a section called BOLO, or "be on the lookout," where
police who join the network can post tips and hunches. In April, Aurora, Colo., police Officer
James Waselkow pulled over a white Ford pickup for tinted windows. Waselkow said he
thought the driver, a Mexican national, was suspicious in part because he wore a University
of Wyoming cap.
"He had no idea where he was going, what hotel he was staying in or who with," Waselkow
wrote. The officer searched the vehicle with the driver's consent but found no contraband.
But he was still suspicious, so he posted the driver's license plate on Black Asphalt.
"Released so someone else can locate the contraband," he wrote. "Happy hunting!"
Waselkow's department did not respond to a request for an interview.
The Post's review of 400 court cases, which encompassed seizures in 17 states, provided
insights into stops and seizures.
In case after case, highway interdictors appeared to follow a similar script. Police set up what
amounted to rolling checkpoints on busy highways and pulled over motorists for minor
violations, such as following too closely or improper signaling. They quickly issued warnings
or tickets. They studied drivers for signs of nervousness, including pulsing carotid arteries,
clenched jaws and perspiration. They also looked for supposed "indicators" of criminal
activity, which can include such things as trash on the floor of a vehicle, abundant energy
drinks or air fresheners hanging from rearview mirrors.
One recent stop shows how the process can work in the field.
In December 2012, Frye was working in his capacity as a part-time deputy in Seward County,
Neb. He pulled over John Anderson of San Clemente, Calif., who was driving a BMW on
Interstate 80 near Lincoln. Frye issued a waming ticket within 13 minutes for failing to signal
promptly when changing lanes.
"The results have been staggering. It has proven itself an extremely valuable tool for law
enforcement."
-David Frye and Joe David, talking about the Black Asphalt network in a2012letter to
police
He told Anderson he was finished with the stop. But Frye later noted in court papers that he
found several indicators of possible suspicious activity: an air freshener, aradar detector and
inconsistencies in the driver's description of his travels.
The officer then asked whether the driver had any cocaine, methamphetamine, heroin or large
628
amounts of cash and sought permission to search the BMW, according to a video of the stop.
Anderson denied having drugs or large amounts of cash in his car. He declined to give
permission for a search. Frye then radioed for a drug-sniffing dog, and the driver had to wait
another 36 minutes for the dog to arrive.
"I'm just going to, basically, have you wait here," Frye told Anderson.
The dog arrived and the handler said it indicated the presence of drugs. But when they
searched the car, none was found. They did find money: $25,180.
Frye handcuffed Anderson and told him he was placing him under arrest.
"In Nebraska, drug cuffency is illegal," Frye said. "Let me tell you something, I've seized
millions out here. When I say that, I mean millions. . . . This is what I do."
Frye suggested to Anderson that he might not have been aware of the money in his vehicle
and began pressing him to sign a waiver relinquishing the cash, mentioning it at least five
times over the next hour, the video shows.
'You're going to be given an opportunity to disclaim the currency," Frye told Anderson. "To
sign a form that says, 'That is not my money. I don't know anything about it. I don't want to
know anything about it. I don't want to come back to court.' "
Frye said that unless the driver agreed to give up the money, a prosecutor would "want to
charge" him with a crime, "so that means you'll go to jail."
An hour and six minutes into the stop, Frye read Anderson his Miranda rights.
Anderson, who told Frye he worked as a self-employed debt counselor, said the money was
not illicit and he was carrying it to pay off a gambling debt. He would later say it was from
investors and meant to buy silver bullion and coins. More than two hours after the stop had
begun, he finally agreed to give up the cash and Frye let him go. Now Anderson has gone to
court to get the money back, saying he signed the waiver and mentioned the gambling debt
only because he felt intimidated by Frye.
A magistrate has ruled at a preliminary step in the case that Frye had reasonable suspicion to
detain Anderson. Frye said he always follows the law and has never had a seizure overtumed.
Legal scholars who viewed the video of the stop told The Post that such practices push
constitutional limits. Officers often are taught not to tell the driver they have a right to leave
at any time after a traffic stop is concluded. But extended stops in which the officer uses
psychological pressure on the driver without charges or Miranda wamings can cross the line.
"Encouraging police to initiate searches for the purpose of seizing cash or other assets, rather
than to seize evidence to be used in a prosecution, is a dangerous development," said Clifford
Fishman, a law professor at Catholic University and former New York City prosecutor. "It is
particularly troubling if police officers are trained to manipulate the suspect into forfeiting the
629
assets or waiving the right to contest the search."
David A. Harris, a University of Pittsburgh law professor, said Frye's stop crossed the line
when he detained the driver while summoning a canine.
"You cannot elongate the stop to bring in the dogs," he said. "In doing that, you're detaining
the person without probable cause. That ain't kosher."
A tool in the drug \ryar
Civil asset forfeiture law is among the more unusual areas of American jurisprudence. It does
not involve evidence of a crime or criminal charges. It is a civil action against an object, such
as currency or a boat, rather than a person. It has its basis in British admiralty law, which
allowed the taking of a ship to recover damages.
ln 1970, Congress turned the federal civil asset forfeiture law into a weapon against the
illegal drug trade, allowing for the seizure of aircraft, boats and vehicles used to transport
drugs. The federal law was eventually expanded to include cash tied to drug trafficking and to
allow the money to be shared with local and state police, who could keep up to 80 percent of
the seized assets. When police make a seizure, a federal agency must approve or "adopt" it
for inclusion in Justice's Equitable Sharing Program.
It was a much more effective tool for federal prosecutors than criminal forfeiture, which
required the conviction of a defendant with proof beyond a reasonable doubt. Most
significantly, the law places the burden of proof on the property owner to demonstrate that an
object is not tied to criminal activity.
As the drug trade ramped up throughout the 1980s, money deposited into Justice's federal
forfeitures fund increased from $27 million in 1985 to $556 million in 1993. (It reached $2.6
billion in2007 .) Some of that increase was driven by Operation Pipeline, a nationwide DEA
program launched in 1986 that promoted highway interdiction training for state and local
police.
Several newspapers later wrote expos6s about innocent people being caught up in the
forfeiture net and police spending on luxuries. The Orlando Sentinel rvon a Pulitzer Prize in
1993 for pointing out that the Volusia County Sheriff s Office had used state seizure laws to
take $8 million from motorists, nine out of 10 of them minorities.
The attention prompted Congress to reform federal seizure laws in 2000, allowing owners to
be reimbursed for their legal fees after successful lawsuits. But a key reform was cut. It
would have removed what some lawmakers called the "perverse incentive" to target cash -the sharing of money between the feds and locals. It died after police and Justice waged a
"voracious lobbying" campaign, according to former representative Bamey Frank (D-Mass.).
"We didn't have the votes," said Frank, who is still an ardent critic of asset forfeiture. "There
is this terrible unfairness. It is about as fundamental a denial of their constitutional rights as i
can think of."
630
After Sept. 1 1, 2001 , civil forfeiture and the war on drugs became entwined with efforts to
improve homeland security. Smugglers of all kinds turned away from airports because of the
tightened security and took to the nation's interstate highway system. With federal
encouragement, police from small towns, rural counties and big cities sought specialized
training.
Among those that met the demand was Desert Snow, a family-owned company founded in
1989 by Joe David, a California highway patrolman. Other firms also stepped up, including
the 4:20 Group, Caltraps, Hits, Diamondback Training, and Global Counter-Smuggling
Training Consultants. Soon more than a dozen companies were competing for millions in
state and federal grants and contracts, along with fees from local departments across the
country.
The training had an immediate effect in some areas.
After the Kansas Highway Patrol arranged sessions through Desert Snow for state and local
police in 2005 and2006, the amount of cash flowing into police budgets from seizures nearly
doubled, from an average of $2.6 million ayear between 2000 and 2006 to $4.9 million a
year after 2007.
Amount seized increases over time
After 25 Wisconsin State Patrol officers received training from Desert Snow in 2010, the
agency's cash seizures the following year more than doubled to $585,6 57 . "It creates a surge
period," said Sgt. Nate Clarke, a state patrol supervisor. "These guys get all fired up because
they're seeing photo after photo of seizures on the PowerPoints."
The number of agencies participating yearly under Equitable Sharing went up 22 percentto
2,842 between 2003 and 2007, while cash seizures without search warrants or indictments
during that period rose more than 50 percent, to $242 million. Under the Obama
administration, police have made more than 22,000 such seizures worth about $1 billion
through the Justice Department program.
Federal support helped drive the surge. In Florida, Indiana, Oklahoma, Tennessee and
Wisconsin alone, police spent a total of at least $1 million during the last decade in Justice
and Homeland Security grants for Desert Snow training. The DEA, Customs and Border
Protection, Immigration and Customs Enforcement and others spent an additional $2.5
million in contracts on Desert Snow training for police, records show. The DEA also paid
more than $2 million for training from the 4:20 Group. Individual local and state police
forces across the country paid millions more for the training using seized cash, one of the
uses permitted by Equitable Sharing rules.
The police trainers estimate they have taught more than 50,000 police officers in the more
aggressive techniques during the last decade.
Some trainers say they worry that an overemphasis on seizing money has distorted policing.
"Over a period of a single decade, the culture was now totally changed," said Shawn Pardazi,
a detective in Pearl, Miss., and owner of Global Counter-Smuggling Training Consultants
631
and a former Desert Snow trainer.
As the demand for training gr€w, the competition among the firms for business became
fierce.
"It's all about the money," said James Eagleson, owner of the 4:20 Group, who also once
worked at Desert Snow.
Getting the money back
Decisions that police make during brief roadway stops take motorists who challenge the
seizures a year on average to resolve, according to a Post analysis. For 350 owners, it took
more than two years to get their money back.
Last year, Ming Tong Liu, 55, a Chinese-bom American from Newnan, Ga, was stopped on
I-10 in Alabama for driving 10 miles over the speed limit while heading to Louisiana to buy
the Hong Kong Chinese restaurant in Lake Charles for himself and his investors - two
daughters and another relative.
A Mobile County sheriff s deputy gave Liu a ticket for speeding and asked for permission to
search the car. The deputy found $75,195 in a suitcase in the back seat, neatly wrapped in
white napkins and placed in a black plastic bag and then took the money after the deputy said
Liu gave conflicting accounts of his travel plans.
The deputy took Liu to a sherifPs department office and called for an officer from U.S.
Customs and Border Protection, which stood to share in the money.
Liu's attorney, Rebecca Ding-Lee, said the officers overstepped their authority, held Liu for
nearly two hours and searched his car unlawfully without awarcant. "He cannot speak
English," she said. "He didn't understand what the police said."
Ten months after the cash was seized, customs officials agreed to return the money,
documents show.
Police often rely on drug-sniffing dogs to justi$, warrantless searches when a driver refuses to
give consent. In 48 cases examined by The Post, dogs alerted to the presence of drugs but the
officers found only money.
In October 2008, Benjamin Molina, 40, a permanent resident from El Salvador, was traveling
through Virginia on I-95 when an Emporia police officer pulled him over for tinted windows.
A carpenter, Molina was going from North Carolina to his home in Perth Amboy, N.J. The
officer wrote him a warning ticket and began asking him questions, including whether he had
cash in the car.
Molina told the officer that he was shopping for a used car and had $18,000 in his pockets.
Molina's face began to tremble, which police said they took as a sign of possible
wrongdoing. Molina said his cheek twitched from medication he was taking for a health
condition that included kidney disease. Molina also had duct tape in his car, which police
632
said is "commonly used by traffickers."
The officer asked Molina, who had no criminal history, to hand over the cash. The officer
placed the money in an envelope, which he set down on the ground alongside two empty
envelopes.
A dog called to the scene sat down next to the envelope with the cash, indicating the presence
of drugs, according to police.
The police took the money, but Molina took steps to get it back.
He hired David Smith, an Alexandria attorney and former federal prosecutor who once
headed the federal government's forfeiture prograln in the Eastern District of Virginia.
After Molina appealed, a federal prosecutor refunded the money. It took four months.
Smith said the Molina case is an example of the kind of overreach that the civil asset
forfeiture reforms passed by Congress in 2000 were aimed at preventing.
"This type of police bounty hunting is antithetical to everything our criminal justice system is
supposed to stand for," said Smith, who helped craft the reform legislation.
Among the indicators police look for are rental cars, which are often used by smugglers.
On Nov. 1,2011, Jose Jeronimo Sorto and his brother-in-law, Victor Ramos Guzman, were
driving a rented sedan on I-95 south of Richmond when a Virginia state trooper stopped
them. Both were lay leaders of the Pentecostal Nuevo Renacer church in Baltimore. They
were carrying $28,500 in church funds meant for the purchase of land to build a church in El
Salvador and a trailer for a new congregation in North Carolina.
Their experience has been cited as a case study in civil forfeiture abuse by The
Post's editorial page, the New Yorker magazine and others. Unknown until now in the public
debate is the fact that the trooper who made the stop, C.L. Murphy, is a top interdiction
trainer for Virginia State Police and Desert Snow, as well as a mernber of Black Asphalt.
Murphy told Sorto and Guzman that they were speeding and following too closely. Murphy
said Guzman told him about the cash and consented to a search of the car.
Guzman, 39, of Sterling, Va., said he showed the trooper documents indicating that he
belonged to a tax-exempt church, and he said the cash had been collected from congregation
members. But Murphy disregarded their explanations, saying they contained inconsistencies.
He called Immigration and Customs Enforcement, which accepted the seizure for the
Equitable Sharing Program, and he escorted the men to a nearby police station. He did not
issue a ticket but seized the cash after Guzman signed a waiver.
Three lawyers agreed to represent the church members for free. Three months later, they
received a check from ICE for $28,500.
633
Virginia State Police spokeswoman Corinne Geller would only say, "The facts of the stop
speak for themselves."
ICE spokeswoman Marsha Catron defended the seizure, saying in a statement "the situation
was indicative of bulk cash smuggling" and that Guzman consented by signing a waiver for
the money.
634
Written by Michael Saliah, Robert O'ltran'olv .1r.. Steven Rich
Videos by Gabe Silvennan
Graphics by Ernily Chorv, Ted h,{ellnik
Know your rights: During tratlic stops on the nation's highr,vays. the U.S. Constitution's
Fourlh Amendment protects motorists "against unreasonable searches and seizures." The law
also gives police the por,ver to investigate and act on their srispicions.
1. Police have a long-established authority to stop rnotorists for traffic infractions. They can
use traffic violations as a pretext for a deeper inquiry as long as the stop is basecl on an
identifi able infracti on.
2. Att oflicer may detain a driver only as long as it takes to deal with the reason for the stop.
After that, police have the authority to request further conversation. A motorist has the right
to decline and ask whether the stop is conclucled. If so, the motorist can leave.
3. The otlcer also has the authority to briefly detain and question a person as long as the
officer has a reasonable suspicion that the person is involvecl in criminal activity. Reasonable
suspicion is based on specific and articulable facts but falls short of the legal standard tbr
making an arrest.
4. A traffic infraction or reasonable suspicion alone do not girre police authority to search a
vehicle or a closed container, such as luggage. Police may ask fbr perrnission to search;
drivers may decline. Police do not have to tell drivers that they have a riglrt to reftise.
5. An olficer may expancl a roadside investigation if the clriver's responses and other
circumstances justifli a belief that it is more likely than not that criminal activity is occurring.
Under this standard, knorvn as probable cause, an oflicer can make an arrest or search a
vehicle rvithout permission. An alert by a dmg-snifting dog can provide probable cause. as
can the smell of marijuana.
6. Police can seize cash that they find if they have probable cause to suspect that it is related
to oriminal activity. The seizure happens throurgh a civil action known as asset forfeiture.
Police do not need to charge a person with a crime. The burden of proof is then on the driver
to shorv that the cash is not related to a crirne by a legal standard known as preponderance of
the evidence.
Sources: Jon Noruis, criminal deJbnse ottonrcy; Dcvid A. Harris, Lfniversit), oJ'Pittsburgh
Itm'pro-lbssor: Scott Bwllack, civil liberties lat+'1,-er, htstitutefor h*tice; Dep*rtment of
Homeland Securitv.
635
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636
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dote: October 7,2014
Re: Commission Agendo ltem
Pleose ploce on the October 22,2014 Commission Agendo the following item:
Discussion regording rhe Miomi Beoch voter guide lhql wos disrributed
in Augusl 2Ol4 .
Pleose feel free to contoct my Aide, Brett Cummins ot x6437, if you hove ony
questions.
JW
We ore commified to providing excellent public service ond sofety to oll who live, work, ond ploy in our vibront, lropical, historic communtty.
Agenda lum R? k
Date /|-LZAI/637
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638
@ MIAMIBEACH
City of Miomi Beoch, 'l 700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
MMI N MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT: A DISCUSSION REGARDING A
the City rssron
FOR VACATION OF A CITY RIGHT OF
WAY, LOCATED AT THE WESTERLY END OF WEST 59TH STREET, TO AMBASSA
HOLDINGS, !NC. C/O CHRISTIAN BERDOURE, IN EXCHANGE FOR PUBLIC
ACCESS AND A UTILITY EASEMENT OVER THE SOUTHERLY PORTION OF THE
ADJACENT LOT 25 TO THE WATERS' EDGE.
BACKGROUND
West 59th Street End (located westerly of North Bay Road) is a 50-foot wide City owned right of
way (ROW), per the Recorded Subdivision Plat of La Gorce-Golf Subdivision, dated April 8,
1925 by Miami Beach Bay Shore Co..
On said Subdivision Plat, westerly of and adjacent to the westerly end of West 59th Street, there
is an unnumbered parcel shown, approximately 30 feet by 50 feet. Mr. Robert J. Schidler is
listed as a previous owner of the unnumbered parcel, as well as previous owner of the southerly
and adjacent Lot 25 (the unnumbered parcel is subject to a utility easement from subdivision
developer Miami Beach Bay Shore Co., to the City of Miami Beach, dated June 29, 1925).
Ambassa Holdings, lnc. c/o Christian Berdoure, current owner of said parcels, is requesting that
the City vacate its ROW, located at the westerly end of West 59th Street (ATTACHMENT A), in
exchange for public access and a ulitity easement over the southerly portion of the adjacent Lot
25 to the waters' edge. The property owner will compensate the City for the differential cost and
the cost of relocating the stormwater outfall.
Pursuant to the City's existing administrative policies and procedures to consider the vacation of
the City streets, alleys, and/or rights-of-way, which also require compliance with Article ll,
Sections 82-36 through 82-40 of the City Code (which establish procedures governing the sale
or lease of public property), in addition to the previously mentioned application, prior to
considering a request for vacation, the following requirements must be satisfied:
1) The title of the Resolution approving the proposed vacation shall be heard by the City
Commission on two separate meeting dates, with the second reading to be accompanied by
a duly noticed public hearing, in order to obtain citizen input into the proposed vacation;
2) The proposed vacation shall be transmitted to the Finance and Citywide Projects Committee
for its review;
3) ln order for the City Commission and the public to be fully appraised of all conditions relating
to the proposed vacation, the City's Planning Department shall prepare a written planning
Agenda ltem fl?.4 ,
oate /04?'//639
Commission Memorandu m -59th Sfreef
Page 2 of 2
analysis, to be submitted to the City Commission concurrent with its consideration of the
proposed vacation; and
4) The City shall obtain an independent appraisal of the fair market value of the property
proposed to be vacated.
On June 20, 2014, the City's Public Works Department obtained an independent appraisal from
Lee H. Waronker, MAl, SRA (ATTACHMENT B) of the fair market value of the proposed parcel
to be vacated.
Although the City's procedures for the lease of sale or sale of public property also require an
advertised public bidding process, the requirement may also be waived by 5l7t vote of the City
Commission; in this case, and due to the nature of the law pertaining to the vacation of rights-of-
way, the City Administration recommends that the Mayor and City Commission waive the
competitive bidding requirement, finding that the public interest is served by waiving such
conditions.
The vacation of this City ROW serves a public purpose, by providing direct access to the water
as the current ROW stops 30 feet short of waters' edge.
CONCLUSION
The following is presented to the members of the City Commission for discussion and further
direction.
Attachment:
,arrfu
A. Sketch of proposed vacation.
B. West 58th and West 59th Streets appraisal
/BAM/BB
T:\AGENDA\20'14\Octobe^PUBLIC WORKS\D|scussion - West 59th Street.docx
640
Attachment * A
641
lntraduction
Attachment - B
Lqnd 9'oludtion, 5860 N Bay Rootl, Mioni Beoch, F|.33140
Losation:
Summary of Pertinent Data
Along the west side of North Bay Road, between
West 58th and West 59th Streets, Miami Beach,
Miami-Dade FL
5860 North Bay Road
Miami Beach. FI", 33154
Single-family residential land
RS-2, Single Family Residence District by the
city of Miami Beach, FL
AE (Map 12086C0309L)
24,425 sq.ft.
5,870 sq.ft.*
10,215 sq. 11.*
Not applicable
May 31 ,2014
.lune 20, 20'14
'2 Tso,oo o
l,53a,ooo
Address (main parcel):
Type of Use:
Zoning:
Flood Zone:
Land Area:
Main Parcel
South Tract
North Tract
Value by Cost Approach:
Value by lncome Capitalization Approach: Not applicable
Value by Sales Comparison Approach:
Main Parcel
South Tract
North Tract
Value Estimates:
Main Parcel
South Tract
North Tract
Date of Valuation:
Date of Report:
$9.800,000 ($400 per sq. ft.)
$2,350,000 (5400 per sq. ft.)
$2,550,000 ($250 per sq. ft.)
$9,800,000 ($400 per sq. ft.)
$2,350,000 ($400 per sq. ft.)
sz,sso,ooo iszso i"';;: ;;:; Irot6,@ d?rrfi
rEstimated by the appraisers based on measurements provided in draft sire plaa
Waronker & Rosen, Inc. S Real E;tate Appraisers & Consulsnts
qR6
Poge ll
642
Iiri
:r
:li
!l:,
ir Appraisal Report
Prepared for
Mr. Bruce A. Mowry, Ph,D., P.E.
Property Appraised
Valuation for Potential Land Swap
5860 North Bay Road
Miami Beach, FL 33154
Client Bile # 024445
Date of Valuation
May 31,2014
Prepared by
Waronker & Rosen, fnc.
5730 SW 74th Sfieet, Suite 200
South Miami, Florida 33143
LEE H. WARONKER, MA[, SRA
CARLOS A, DIF,Z, APPRAISER
File # 7766
643
Waronker &Roseno Inc.
Real Estate Appraisers and Consultants
Miami-Dade County Oflice
5730 SW 74th Street, Suite 200
South Miami, Florida 33143
Broward / Palnr Beach County Office
10242 NIV 47th Street, Suire 40
Sunrise, Florida 3335 I
Lee H. waronker, I\{AI, sRA Phone : (305) 665-8890 / Fax: (305) 665-5 188 Josh L. Rosen, MAIlee@waronkerandncsen.conr www.waronkerandrosen.com josh@waronlceraqdrosen,com
June 20,2014
Mr, Bruce A. Mowry, Ph.D., P.E.
City Engineer, Public Works Departmcnt
City of MiamiBeach
1700 Convention Ctr Drive, 4th Floor
Miami Beach, FL 33139
Re:Valuation for Potential Land Swap
5860 North Bay Road
MiarniBeach, FL 33154
WRI File No.7766
Client File No. 024445
Dear Mr. Morvry:
We have prepared an appraisal report of the above referenced property for the purpose of
estimating the market value of tlie main parcel (5820 North Bay Road), the across the fence
value of the "south tract" (contained within the main parcel) and tl, e across the fence value of the
"north tract" (adjacent to the main parcel), as of May 31,2014. The across the fence value of
each tract is based on an estitnatc of the market value of the fee simple interest of the main parcel
as though vacant, and considers any appropriate adjushnents. The location ofthe north and south
tracts, and the terms market value, across the fence value and fee simple interest, are defined in
the pages of tliis report. This report lTas been prepared based on the scope of work which is
detailed on a following page. The reader of the appraisal is strongly advised to read the scope of
work so as to understand the scope of this appraisal.
This report is intended for use only by the client and intended users as noted herein. No
additional intended users are identified or intended. Use of this report by otl,ers is not intended
by the appraiser. No one else, or any other entities, should rely on this appraisal other than those
noted herein.
The main parcel is located along the west side of North Bay Road, between West 5Sth and West
59th Streets, Miami Beach, Miami-Dade County, FL. Zoning on these sites is RS-2, Single
Family Residence District by the city of Miami Beaclr, FL.
lVaronker & Rosen, Inc. & Real Estate Appraiserc & Consultants Page I
644
ii
Mr. Bruce A. Mowry, Ph.D., P.E., City Engineer
City of Miami Beach
Public Works
lune20,2014
In order to prepare the analysis, we were supplied with a draft of a site plan indicating the
looation-oflhe_main-parcel- and the norlh_and sorlh:traqtl-It-s|ould _!9__g9_ted_.th4t_the aerial
photograph in the Miami-Dade County Property Appraiscr's records indicate a parccl outline for
the main parcel (5860 North Bay Road) that does not correspond to the legal description in the
rnost recent recorded deed, and based on measurements taken from the aerial photograph indicate
a lot size larger than the 24,425 sq. ft. indicated in the Miarni-Dade County records. No survey
was provided. Fol purposes of the analysis, the lot size indicated in the County records (24,425
sq. ft.) is used in the analysis. The sizes for the north and south tracts have been calculated based
upon the draft site plan provided. Any deviation from the assumptions or the draft site plan
used herein would likely result in a change in the value conclusion.
The south tract consists of a 5,870 sq. ft. portion of the main parcel extending along the
southwest property line from North Bay Road to the lvater's edge. The north tract consists of a
City-owned parcel adjacent to the main parcel extending along the northeast property line fiom
North Bay Road to a point approximately 30 feet from the water's edge. The City has
underground water/sewer facilities on the north tract. The owncr of the rnain parcel has proposed
to the City of Miami Beach to swap the south tract in exchange for the north tract.
TIris valuation is based on an across the fence methodology, in which the value estimates for the
north and south tracts are based on the market value of the fee simple interest of main parcel as
though vacant. This method has been used as neithet ilact (north or south) would be a buildablc
site by itself. Based on this approach, the valuation of the north and south tracts is based on the
market value of the main parcel with appropriate adjustments for location, but without
consideration of any loss in value due to the construction of water/sewer facilities by the City
above or below ground on the land being swapped. It also does not consider any change in the
market value per sq. ft. of the main parcel occurring as a result of the proposed land swap (as a
result of any advantages gained or lost). In the valuation of the south tract, which is contained
within the main parcel and contains both street frontage and water frontage, no adjustments are
indicated. In the valuation of the north tract, which is adjacentto the main parcelalong the north
side but lacks water frontage, an adjustment was considered in recognition of the tract's non-
waterfront location,
It .slrould be noted that this valuation does not consider the net impact of the proposed land swap
on the market value of the main parcel. As a result of the land swap, the main parcel would gain
a more desirable shape, a slight improvement in the quality of its water views, and an increase in
size, but it would lose a small portion of its water frontage. Tl're net impact of these factols is
likely to be neutral to slightly positive, and could potentially affect the values of the north and
south tlacts to the owner of the main parcel,but the influence of these factors was not considered
in the valuation, which was based on the across the fence value.
ll/aronker & Rosen, Inc, & Real Estate Appraisers & Consultants Page 2
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Mr. Bruce A. Mowry, Ph,D., P.8., City Engineer
City of MiamiBeach
Public Works
June20,2014
As a result of our investigation, the across the fence value of the south tract, as of May 31,2014,
-is.estimated.at:- -.
TWO MILLION THREE HUNDRED FIF'TY THOUSAND DOLLARS
($2is0,000)
As a result of our investigation, the across the fence value of the north tract, as of May 3L,ZOl4,
is estimated at:
TWO MILLION FIVE IIUNDRBD FIFTY THOUSAND DOLLARS
($2J50,000)
Following the table of contents is the scope of wor[< and the ccrtification. The reader is advised
to teview the assumptions and conditions which follow the certification to understand the
linritations applicable to this appraisal.
Very truly yours,
d**vt/ ,fr^t***
Lee H. Waronker, MAI, SRA
State-Certified General Real Estate Appraiser
License No. RZl62
State-Certified General Real Estate Appraiser
License No. R23420
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Table of Contents
Title Page
Letter of Transmittal
Table of Contents
Scope of Work
Certification
_G9491a!,As_s-1r1frpt1$!_q1dl,fm,_t,tg:cql{tiolq
INTRODUCTION
Summary of Pertinent Data
Miami-Dade County Map
Plat Map
Aerial Photograph
Subject Photographs
Appraiser QuaJ ifications
DESCRIPTTON & ANALYSES
Prrrpose of the Appraisal
Client, Intended User and Use of the Appraisal
Definition of Across the Fence Value
Definition of Real Property Interest Appraised
Definition of Market Value
Location and Address
I-egal Description
Orvner of Record
History of the Subject Property
Site Data
Zoning
Flood Zone
Real Estate Assesstnent and Taxes
Desuiption of the Site Improvements
Neighborhood Overview
Supply and Demand
Exposure'lime
Typical Purchaser ofthe Subject
Highest and Best Use
Appraisal Process
Cost Approach
Income Capitalization Approach
Sales Comparison Approach
Reconciliation of Value
ADDENDA
Addendum A - County Area Description
Addendurn B - Legal Description
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Scope of Work
The nppnaisal problem herein is to estimst* the yalue af ths south tract *nd tho n*rth trsct. The
methodology used is to estimate the scross the fenc* value of eaeh trect based on the market
value *f the fee simple interesl in the main parcel land os though vacant. The market value
estimale empl*ys tlte sotcs compariso* npproach to estimate market value nf thp rnain parcel
basEd on nnaly*is of comparuble sales. For the &eross the fenc* \,&lue sslimatc of the south tmct,
no *djuxunent to ths market value indication of the mnin parrel ix inqlisated because the south
lracl is'-o6illained*rvithin the main parcel and-is-representative"of*the"main parcel because it
csnt&in$ btth suwt frotrtage and water frontege. For the &Eross the fenee value estim*te of the
nurth tracl, an a{iustmrnt is required far lo*a1i*n becausn t}re nox"th traet lacks *ater frontage. ln
order to estimate the magnitude sf this adjustrnent, additional sales of rvaterfront snd nnn,
rvatsrfront sites ra,ere considernd irr the a.nalysis,
All appraisals begin hy idcnti$ing th* apprai*ol prublem. Data on thn subject property cnn be
dErived frorn various sourses including but not limited tu, the property own€r, the county
propcrty nppr*irer's oilie*, recr:r'cl*d platr and surve)'s. lVhen possibteo rnor* thar: on* sourc* is
utiiized t0 co*firm daJa and the data sources are acknowledged. Land size is bared on surve),s
(when available), public records atd recorded plats. Land measurcmenk are nct per{ormect.
Valued herein is vacant l*nd lvhieh csn be valued by the tollowing methads:
l, Salss ComBxri.sun Appruach
?. ?vlarket Extrscti*n
3, Allocatiqn
4. L.flnd l{,esidual
5. 0round Rent Capitnlizntion
$. SubdivisionA,nalysi*
Thc sales comparison approach wa* us$d her:ein and was cqnsidered ths mr*t *ppliceble m*$sd
in thc yalustion sf ths main par*el" A reareh was perfrrmecl far ilre sale of pr*perties consitiered
comparable lo the subject properly" Research of compamble sales and market data include, but is
nnt limited tr uri*g t*e f*llcirying d*ta saurecs:
CoStsr
lmapp
Nelvspnper elipping*
Iloard of llealtorn' Multipl* I-isting Eerviee
Tri Cnung Clipping* Servir*s {FRf;Ul)
i$ationel Nitultiple tisling $srviue
l-oopneX.carn
Comparable s*l*s ar* insp**ted and the transaction*l information is reported. Sale prices are
from puhlic records and ars rypically confinned with a party to thc transaetion, i.s, buyer, scller,
rsol estate ageilt, or clnsing ettomsy, All information is anal;zed in processing the appraisol
report *nd ar supporl for the estimaled vulue. The scopc of work for this assignnrent has been
described nbnve and is to bn typicul for an assignment of the nature *f t]:e subjert appraisal
problem.
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Certification
The undersigned does hereby certify that, to the best of my knowledge and belief:
l. The statements of fact contained in this report are true and correct.
2. The reported analyses, opinions, and conclusions are liniited only by reported
unbiasedassumptions and limiting conditions and are my personal, impartial,
the
and
paofessional_analy-es;upih-ion's;fr dcdif clUsiorrs:--
3. I have no present or prospective interest in the property that is the subject of this report
and no personal interest with respect to the parties involved.
4. I have no bias with respect to the property that is the subject of this repod or to the parties
involved with this assigrunent.
5. My engagement in this assigrurent was not contingent upon developing or reporting
predetermined results.
6, My cornpensation for completing this assignment is not contingent upon the development
or reporting of a predetermined value or direction in value tl,at favors the cause bf tne
client, the amount of the value opinion, the attainment of a stipulated result, or the
occurrence ofa subsequent event directly related to the intended use ofthis appraisal.
7. My analyses, opinions and conclusions were developed, and this report has been prepared,
in conformity with the following requirements.
. Uniform Standards of Professional Appraisal Practice (USPAP)
' The Code of Professional Ethics and Standards of Professional Practice of the
Appraisal Institute. The State of Florida requirements for state-certified appraisers
8, I have complied with the USPAP Competency Rule.
9. This appraisal report sets forth all of the limiting conditions imposed by the tenns of this
assignment or by the undersigned affecting the analyses, opinions and conclusions
contained in this report.
10. No one provided significant real property appraisal assistance to the pcrson signing this
certification.
11. The use ol'this report is subjectto the requirements of the Appraisal Institute relating to
review by its duly authorized representatives. Additionally, it is subject to review by the
state of Florida relating to review by the real estate appraisal subcomlnittee of the Florida
Real Estate Commission.
12. As of the date of this report Lee H. Waronker, MAI, SRA, has completed
education progratn of tl,e Appraisal lnstitute.
the continuing
13. I, Lee H, Waronker, MAI, SRA, have made a personal inspection of the property that is
the subject of this report.
14. I, Carlos Diezhave made a personal inspection of the property that is the subject of this
report.
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Acknowledgement is givcn to Josh L. Rosen, MAI, in the revicw of this report.
Neither the undersigned, nor Waronker & Rosen, Inc. have performed any valuation or
professional services involving the subject properly in any capacity, nor have we been
involved with the management, Ieasing, disposition, nor any similar service regarding the
subject property in the past three years,
Lee H. Waronker, MAI, SRA
State-Certified General Real Estate Appraiser
LicenseNo. M162
Date of Report lune 20^ 2014
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General Assumptions and Limiting Conditions
This appraisal report has been made with the following gencral assumptions:
L No responsibility is assumed for the legal description or for matlers pertaining to legal or
title considerations. Title to the proporty is assumed to be good and marketable unless
otherwise stated.
-Il: n'."ry'tY i: =lgl,-':1otherwlse stated.
free and clear of any or all liens or encumbrances unless2.
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Responsible ownership and competent property management are assumed.
The information furnished by others is believed to be reliable but, no warranty is given
for its accuracy.
All cngineering studies are assumed to be comect. Any plot plans or illustrative material
in this report are included only to help tbe reader visualize the property.
It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or
structures that render it more or less valuable. No responsibility is assumed for such
conditions or for obtaining the engineering that may be required to discover them. The
values estimated herein are subject to typical inspections such as roof, structural, and
terrnite, if applicable.
It is assun,ed that the property is in full cornpliance with all applicable federal, state and
local environmental regulations and laws unless the lack of compliance is stated,
described and considered in the appraisal.
It is assumed that the property conforms to all applicable zoning and use regulations and
restrictions unless a non-conformity has been identified, described and considered in the
appraisal.
It is assumed that atl required licenses, certificates of occupancy, consents, and other
legislative or administrative authority from any local, state or national government or
private entity or organization have been or can be obtained or renewed for any use on
which the opinion of value contained in this report is based.
It is assumed that the use of the land and improvements is confined within the boundaries
or property lines ofthe property described and considered in the appraisal.
Unless otherwiso statcd in this report, the existence of hazardous materials, which may or
may not be present on the property, was not observed by the appraiser. The appraiser has
no knowledge of the existence of such materials on or in the property. The appraiser,
however, is not qualified to detect such substances. Thc presences of substances such as
asbestos, ureaformaldehyde foam insulation or other potentially hazardous materials may
affect the value of the property. Tlte value estirnated is predicated on the assumption that
there is no such material on or in the property that would cause a loss in value. No
responsibility is assumed for any such conditions, or for any expertise or engineering
knowledge required to discover them. Tlre intended user is urged to retain an expert in
this field, if desired.
J.
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5.
6.
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9.
10.
11.
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12. The physical condition of the irnprovements, if any, described herein was based on visual
inspection. No liability is assumed for the soundness of structural members, since no
engineering tests were made of same.
l3' Neither all nor any part of this appraisal report shall be disseminated to the general public
using the appraiser's name or appraisal designatiou, rvithout prior written consent of the
appraisers signing this appraisal report.
14. Authorization is not allowed for the out-of-context quoting from, or partial rrprinting of
- this applaiqal repo(._ __- __ _ _ _
By reason of the report, there is no requirement to testify with reference to the property
herein appraised, nnless arrangements have been prcviously made.
The reader should be advised that our employment was not contingent on the appraisal
providing a minimum valuation, a specific calculation or the approval of -a
loan,
Additionally, we have complied with the USPAP Competency Rule.
Limiting Conditions:
l. The allocation of total value between land and improvements applies only under the
dcscribed utilization. The separate valuations for land and improvcments must not be
used in conjunction with any other appraisal and are invalid if so used.
2. The Americans with Disability Act (ADA) became effective January 26, 1992. The
appraiser has not made a specific compliance survey and anatysis of this property to
determine whether or not it is in conformity with the various detailed requirements of the
requirements of the ADA. It is possible that a compliance survey of the property and a
detailed analyses of the requirements of the ADA, could reveal that the property is not in
conlpliance with one or more of the act. If so, this fact could have a negative impact upon
the value of the property. Since the appraiser has no direct evidence relating to this issue,
possible noncompliance with the requirements of ADA was not considered in estinlating
the value ofthe property.
Waronker & Rosen, Ittc, ,1. Real Estale Appraisers & Consultants Page 9
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FL 33140
Location:
Summary of Pertinent Data
Along the west side of North Bay Road, between
West 58th and West 59th Streets, Miami Beach,
Miami-Dade FL
Address (main parcel):
Type of Use:
Zoning:
Flood Zone:
Land Area:
Main Parcel
South Tract
North Tract
Value by Cost Approach:
Value by Income Capitalization Approach:
Value by Sales Comparison Approach:
Main Parcel
South Tract
North Tract
Value Estimates:
Main Parcel
South Tract
North Tract
Date of Valuation:
Date of Report:
5860 North Bay Road
MiamiBeach, FL 33154
S ingle-family residential land
RS-2, Single Family Residence District by the
city of MiamiBcach, FL
AE (Map 12086C0309L)
24,425 sq. ft.
5,870 sq.ft.*
10,215 sq.ft.*
Not applicable
Not applicable
$9,800,000 ($400 per sq. ft.)
S2,350,000 ($400 per sq. ft.)
$2,550,000 ($250 per sq. ft.)
$9,800,000 ($400 per sq. ft,)
$2,350,000 ($400 per sq. ft.)
$2,550,000 ($250 per sq. ft.)
May 31,2014
June20,2074
*Estimated by the appraisers based on measurenlents provided in draft site plan
Vl/aronker & Rosen, Inc ,1, Real Estate Appraisers & Consultanls Page 11
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Inlrodactlon Land Volaalion, 5860 N Bay Rotrd, Miaml Beach, FL 33140
Miami-Dade County Map
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Miumi Beach, I?L 33140
PIat Map
Note: the yellow outline denotes the boundaries of the main parcel
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Inlroduclion Land Valuation*1860 N Bay Road, Miomi Beach, FL 33t40
Draft Site PIan
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Irii
Introduction Land Valuatiorlr5S60 N Bay Road, lliami Beach, FL 3j140
Legend:
a
o
a
a
Aerial Photograph
Yellow dashed line denotes current boundary of rnain parce [(main parcel), shaded in
yellow
Red shaded area on the right denotes south tract, to be removed from main parcel in
the proposed land swap
Blue shaded area on left denotes north tract, to be added to main parcel in the
proposed land swap
White dotted line denotcs modified boundary of main parcel after the proposed land
swap
llraronker & Rosen, Inc. & Real EstateAppraisers & Consultants Page I5
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Introduclion Land Valuatiott, 5860 N Bay Road, Miami Beach, FL 33140
Subject Photographs
View of main parcel looking southwest fi'om curent lor,ation of driveway
at east end ofnorth tract
View looking northwest from samc location as above, down the length of the north tract
lYaronker & Rosen, Inc. o9 Real Estale Appraisers & Consultants Poge 16
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Road, Miami Beoch, FL 33140
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Zoomed-in view of west end of north tract,
looking northrvest from driveway
East end of north tract, looking northwest
from west end of 59th Street
Southeast corner of main parcel (east end of
proposed south tract)
Street viel: North Bay Road looking south
(main parcelon right)
lltaronker & Rosen, Inc. €, Real Estale Appraiserc & Consultants Page 17
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Inlroduction
Street view: North Bay Road looking north
(main parcel on left)
Street view: West 59th Street, looking east
from current driveway at east end
of north tract
Land Valuation, 5860 N Miand Beach, FL 33140
ll/aronker & Rosen, Inc et, Real Estate Appraisers & Consultonts Poge 18
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Inlroduction Land Valuation, 5860 N Bay Road, Miaui Beach, FL 33140
Appraiser Q ualifications
LEE H. WARONKER, MAIO SRA
li1:Education: Master of Science in i\tlanagement, School of Business and Organizational
-Science, Florida-International Universityt 1981 (Major - Real Estate)
Bachelor of Science Degreeo The Florida State University, Tallahassee, Florida
1976 (Major - Real Estate)
Affiliations: MAI Designation (No. 6738) awarded by the Appraisal Institute in 1983.
SRA (SRPA) Designation arvarded by the Appraisal [nstitute in 1981.
State Cerlified General Appraiser, State of F'lorida, Licensc Number Ft2762,
May 1990.
Registered Real Estate Brokcr, State of Florida, License #BK0l 52877 (1978)
Experience: Appraised various types of properties, including:
Industrial Buildings Rcstaurants Warehouses
Office Buildings Hotels and Motels Hospitals
Service Stations Retail Stores Marinas
Churches & Synagogues U,S. Post Offices Historical Buildings
Residences Condominiums SpecialPurpose Properties
President, lYaronker & Rosen,fttc, (formerly Waronker & Associates, Inc.)
lvliami, F'lorida, from 1987 to present. Vice President, Property Consultants,
Inc. from 1979 to 1986. Appraiser, The Keyes Company, 1978 to 1979.
Appraiser, Miami-Dade County Department of Right-of-Way,1977 to 1978.
Instructor: Appraisal Institute. Taught Courses lA-1, 1A-2,8-2, IB-A, 1B-B, 1lO, l2O,
210, 370, 320, 410, 420, 430, 5 I 0, 550, 600, 6 1 0 and 620, et al
Author: Seminars entitled "Dynamics of Ofice Building Valuation", "lVhy the
Capitalization Rate is Always 10" and the "Appraisal of Real Estate 10'h vs.
l lit' Edition". '
Othcr.' Special Master for the Dade County Valuation Adjustmcnt Board, 1989 to
l996.Assisted in the editing of The Appraisal of Real Estate, t l'h Eclition and
13th Eclition.
President of the Miami Chapter of the Appraisal Institute , 1990 to 1991.
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Introduction Land Valuqlion, 5860 N Bay Road, Miami Beach, IL 33140
!
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Appraiser Qualifi cations
CARLOS A.DIEZ
Education: University of Florida (Gainesville, FL)
- -Bachelor. of Arts. Major:-Economics-- .- -
Stevens Institute of Technology (tloboken, NJ)
Substantial progress towards the degree of Master of Engineering
Affiliations: State-certified general real estate appraiser, State of Florida,M3420
The Appraisal Institute, Candidate for Designation
CCIM Institute, Candidate Member
Appraisal Experience: Waronker & Rosen, Inc. September, 2007 to Present
Appraised a wide variety of property types, including:
Vacant land Office buildings
Restaurants Shopping centersHotels Free-standing retail properties
Industrial properties Apartment buildings
ResidentialandCommercialCondominiums CondominiurnUnits
Land leases (leased fee and leasehold interests) Fractured Condominiurn Interests
Easements (including aerial and sub-surface) Special Purpose Properties
Appraisal, Investment Analysis and General lteal Estate Education:
The Appraisal Institute
100, 101: Basic Appraisal Principles and Pt'ocedures202: ResidenlialSalesComparisonandlncomeApproaches300: Real Estate Finance, Statistics and Valuation Modeling400: General itlarket Analysis and Higltest & Best Use402: General Appraiser Site Valuation and Cosl Approach
403,404: General Appraiser Income Approach (Parts I and 2)405: General Appraiser Report Writing and Case Studies420: Business Praclices and Ethics
510: AdvancedlncomeCapitalization550: AdtancedAppllcations
530: rldvanced Sales Contparison and Cost Approachet
Seminar: Hotel Appraising - New Techniques /or Todoy's Uncertain Times500: Advanced Markel Analysis and Highest & Best Use833: Fundamentals oJSaparating Real Property, Personol Properly, ond Intangible Basiness Assets
Seminar: Ma&elabili! Sludies: AdvancedConsiderations cndApplications
CCIM Institute
CI 101: Financial Analysisfor Commercial lhveslhent Real Estale
CI 102: lularket Analysis jor Commercial Investment Real Estate
CI 103: User DecisionAnalysisfor Comntercial Investmenl Real Estate
CI I 04: Inveslment Analysis for Commercial Investment Real Eslote
FANSC: Feasibility Analysis for Retail Prcperlies
MIMKr Advanced Market Analysis.for Commercial Real Estate
Baluch College (CLNY) / Steven L. Newman Real Estate Institute
NCP2000: Urban Land Economics
NCP9000: Real Estate Development
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Land Valuation, 5860 N Road, Miami Beach, FL 33140
Partial Client List
LENDERS TD Bank, N.A.
Totalbank
U.S. Century Bank
Wells Fargo Bark
Wcstern Bank- Pucrto Rico-Zions First National Bank
LIFE INSURA\CE CONIPANIES
GOVERNMtrNT AGENCIES
l" United Bank
Amerasia Bank
Apollo Bank
BAC ]lark
BNY Mellon Bank '- ' - - '
BankUnited
Bank of Arnerica
Bank of Cotol Gables
Bank Ieumi
Branch Barking and Trust (BB&T)
tsridgelnvest, LLC
Broward Bat* of Commerce
C1 Bark
CNIL Bank
Capital Bank
Cigna [nvestmerrts, Inc.
Citibank and Citicorp
City National Bank olFlorida
Coconut Grove Bank
Comerica Bank
Credit Suisse l'irst Boston Mortgage
Capital, LLC
Enterprise Banl< of Florida
lspirito Santo Bank of trlorida
Il,xecutive National Bank
I?ifth Third Bank
First Bank of Miami
First National Bark of South Miami
FilstBank Florida
Florida Community Bank
Gibraltar Private Bank and Trust
Great Florida Bank
HSBC Bank, N.A.
Holliday Fenoglio Forvler, LP
International Finance Bank
Israel Discount Bank ofNew York
JP Morgan Chase Bank
Lloyds ftit'1. Bank (Lloyds of
London)
Lutheran Brotherhood
Marquis Bank
Morgan Stanley Mortgage Capital
Northcrn Trust Bank
Ocean llar:k
OptimumBank
Popular Comrnunity Bank
Professional Bank
Regions Bank
Sabadell United tsank
Space Coast Credit Uniorr
SunTrust Bank
Tenabank, N.A.
Broward County Sclrool Board
Broward County Pr.rblic Works Dept.
City of Coral Gables
City of Miarni Beach
Cityof Miami Ceneral Services
Administration
Fedcral Deposit Insurance Corp. (FDIC)
Federal Home Loan Mortgage Corp.
(FHLMC)
Florida Dept. of Environmental
Plotection
Florida Department of 'Iransportation
Florida Keys Aqueduct Authority
Miarni-Dade \\/ater and Server
Authority
Miami-Dade Co. -Aviation Authority
Miami-Dade Co. - County Attorney's
Office
Mianri-Dade Co. - Gcneral Serv. Admin,
Miarni-Dade Co. . Housing & Urban Dev.
Ir{iami.Dade Co. - Public Worlcs Dept.
Miami-Dade Co, - School Board
M iarni Parking Authority
Nature Conservancy, Florida Chapter
South Florida Water Managemeut Dishict
United States Department of Justice
United States General Serr,. Admin.
Unitcd States Postal Services
Villagc of Pinecrcst
LAW FIRMS
Allstate Insurance Corrpany
American General Li[e Insurance Co.
Equitrust Life Insurance Co.
Fortis Capital Corp. & Life Insuranc<,
Company
lranklin Life Itsurance Company
General American Life lnsurance Co.
Independent Ordel of I, oresters
John Atden Life Insurance Courpany
Kansas City Lile Insulance Conrpanl'
Lumbernran's Life Insurance Company
Omaha Woodnron Life Ins. Society
Standard Life Insurance Conrpany
State Farm Insurance Conrpany
Sun Life Insurauce Co. of Anrerica
CORPORATIONS
Church ofJesus Christ ofthe
Latter-Day Saints
Florida Power and Liglrt Cbrp. (FPL)
JC Penny Corporation
The Wendy's Company
Chevron U.S.A., Inc.
Johnson and Johnson Cornpany
DEVELOPtrRS AND INVESTORS
Akerman, Senterfitt & Eidson
Amstein & Lehr, LLP
Barlanco & Assooiates, P,A,
Berger Singerman
Berman, WolG Rennart Vogel &
Mandler, P.A.
Callton Fields
Colson Hicks Eidson, P,A.
Greenberg Traurig, P.A.
Holland & I(night
Kilkpauick and Lockhart
I(utner and Associates
Richman Greer
Shutts & Bowen, LLP
Stearns, Weaver, Miller, Weissler,
Alhadeff & Sitterson, P.A,
Steel Hector and Davis
Tabas, Freedman, Soloff, Brotvn &
Rigali, P.A
Tripp Scott
Weiss Serota Hellman Pastoriza Cole &
Boniskc. P.A.
BerkowiE Deve lopment Group
Btistol Gloup, Inc.
Franklin Street Properties
Flagler Development Corporation
Goldman Pnrpertics
I{ampshire Real Estate Companies
Lcnnar Corporation
MDM Dcvclopment, Inc.
Napolitano Rcalty and Flarnap Corp.
Noblc House Rcsorts and Hotcls
Occan Propertics, Ltd.
Panther Real Estate
PLC Investments, LLC
R.K, Associate^s, Inc,
'lhe Scott Robins Companies
Wometco Entelprises, Inc.
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Introduction Laild Valualion,5860 N Bay Road, Miami Beach, FL 33140
Notable Properties Appraised
Miami-Dade County
Miami Seaquarium Virginia Key Miami Free Zone - Global Trade Cnt
Miami Internatioual Airport Miarni Metropolitan Hospital of Miami
City of_Miapi Qorrecjiona.llacility , Miqmi- __ Spimaker Marina
Counhy Club of Miami Golf Course Miami Virginia Key & Rickenbaiker l{arinas
Mel Reese CollCourse Miami Waterways Yacht Basin
lJurger King l-Ieadquarterc - Waterford Ivliami Porto Vita Club a:rd Spa
Doctors Hospital Coral Gables Ocean Steps Dntertainment Conter
Beacon Centre Development Mianri Indian Creek Counhy Club
FBI Headquarters Miami BIV Tower
Gablcs Watcrway Executive Center Coral Gables Courthouse Tower
Joe's Stone Crab restaurant Miarni Beach South Shore Hospital
Doral Ocealr Beach Resort (forrnerly) Miami Beach SouthCorn Hoadquarters
Metro-Dade Bus Facility Miami
Fort L auder daldB r o w ard Co unty
Florida Medical Ccnter (I lospital)
Jackson lvfarine Ccnter
Las Olas Centre Office Ruilding
Martha's Restaurant
Various Luxury Sitrgle Family [Iomcs
Seneca lndustrial Park
Mo nr o e Co unty /F I o rida K e7,s
lr4arriott Key Largo Bay Beach Resort
Islander Resort
Hawk's Cay Resor! Matina and DRI
We.stin, fomrerly Hijton Reson and Sunset Key Island
Little Palm Island
Louis' Backyard Rcstaurant
Ocean Key Rcsort
Sloppy Joe's Bar
Truman Annex - Navy Basc
Olher Floyida Counlies
Jupiter Beach Resort
La Playa Beach Resort
Shelaton Four Points
Spring Hill Suites
Ililton Calillon Park
Outside of the United Stiles
Various Single Family Honres
Single Farnily Home
Sapphire Beach Resort
Hotel Site
Montego Beach Resort
Botany Bay Subdivision (400 acres)
Ocean Club Resort
Land lease under Ritr Carlton
Various Land Flotdings
Vacant Land
Buccaneer HoteI and GolfCourse
Miami
Miami
North Miami
Key Biscayn<!
Mianri
Ar.entura
S. Miar:ri Beach
Indian Crcek
Miami
Miarni
Miami Beach
Miami
Ft. Laudsrdalc
Ft. Lauderdalc
Ft. Laudcrdale
Hollyr,,'ood
Fort Lauderdale
Peurbrclrc Palk
Key Largo
Islamorada
Duck Key
Key West
Littlo Torch Key
Key West
Key West
Key West
Kcy West
Jupiter, Palm Beach County
Naples, Collier Couuty
Orlando, Oraage County
'fampa, Hillsborough County
St. Petersburg, Pinellas County
Cat Cay, Bahamas
Casa dc Campo, Dominican Republic
St. Thomas, U.S. Virgir Islands
Grand Turks and Caicos Islonds
Montego Bay, Januica
St. Thomas, U.S. Virgin Islands
Grand Turks and Caicos Islands
San Juan, Puerto Rim
St. Croix, U.S. Virgin Islands
West End, Grand Bahana Island
St. Croix, U.S, Virgin Islands
lloronker & Rosen, Ittc. ,& Real Estate Appruisers & Consullants Page 22
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Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140Dttrrtptbr A,ArrU
DESCRIPTION &
ANALYSES
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Purpose of the Appraisal
The purpose of this appraisal is to estimate the across the fence value of the fee simple interest in
thc north tract and the south tract, as of May 31, 2014 for a potential land swap. The terms
across the fence value and fee simple interest are defined below, and the terrn market value is
defined on the following pagc. - -
Client, Intended User and Use of the Appraisal
The intended user of this appraisal is City of Miami Beach (client). The intended use of this
appraisal is for valuation in connection with a possible land swap involving a portion of the main
parcel (the south tract) and an adjacent City-owned parcel (the north tract). No additional
intcnded users arc identified or intended.
Definition of Across the Fence Value
The values estimated herein are across the fence values, defined as follows:
Across the Fence Value:[n corridor valuation, a value opinion based on comparison with
adjacent lands including consideration of adjustment factors such as market conditions,
real property rights conveyed, and location.'
Definition of Real Property Interest Appraised
The real propcrty intcrest appraiscd herein is that of the fee simple interest, defined as follows:
Fee Simple Interest: an absolute fee without limitations to any particular class of heirs,
but subjectto the limitations of eminent domain, escheat, police power and taxation. An
inheritable estate.
I The Dictionaty of Real Estate Apprdisal, 5th ed., p. 3
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Definition of Market Value
I , Market Value is the major focus of most real property appraisal assignments. Both economic and
Iegal definitions of market value have been developed and refined. t Th" Uniform Standards of
Professional Appraisal Practice (USPAP) states Market Value is "a type of value, stated as an i
| ' opinion, that presumes the transfer of property (i.e., a right of ownership or a bundle of such i
rights); as of a-certain date,-under speoific eonditions set-forth in the definition of the term j
i identified by the appraiser as applicabie in the appraisal".2 This requires the appraiser to identify i
I the defrnition of market value and its authority. The definition that follows is the basis of the I
:
valuationinthisappraisalandthesourceistheFederalRegister.
i "For exampte, the following definition of Market Value is used by agencies tlrat regulat.
]i f€derally insured financial institutions in the U.S.: i
Market Value is defined as "the rnost probable price which a property should bling in a
competitive and open market under all conditions requisite to a fair sale, the buyer and
seller each acting prudently, knowledgeably and assuming tlre price is not affected by
undue stimulus.lmplicit in this definition is the consummation of a sale as of a specified
date and tlre passing of title from seller to buyer under conditions whereby:
. Buyer and seller are typically motivated;
' Both parties are well informed or well advised, and acting in what he or she considers his
or hcr own best intercst;
. A reasonable time is allowed for exposure in the open market;
' Payment is made in terms of cash in U,S. dollars or in terms of financial arrangements
comparable thereto; and
. The price represents the normal consideration for the property soid unaffectcd by special or
creative financing or sales concessions granted by anyone associated with the sale."3
This market value definition is referenced within the appraisal regulations of the following
governmental agencies;
' Title XI of thc Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of
1989
. Department of the Treasury
. The Federal Reserve System (FRS)
. Federal Deposit lnsurance Corporation (FDIC)
. Office of Thrift Supervision (OTS)
. Office of Comptroller of the Currency (OCC)
1^ Appraisal of Real Estate, l4'h Edition, page 58
' USPAP 2014-2015, page U-33 Appraisal of Real Estate,l4tr'Edition, page 55
Waronker & Rosen, Inc. ,9 Real Estste Appraisers & Consultants Page 25
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Description & Analyses Lantl Valuatiotr, 5860 N Bay Road, Miaml Beach, FL 33140
Location and Address
The main parcel, south tract and north tracts are located along
between West 58th and West 59th Streets, Miami Beach, FL.
Address (fuaii parcil)i - 5860 North BayRodd
Miami Beach, FL 33154
the wcst side of North Bay Road,
copy reproduced from the most recent
legal description was provided for either
Source : www,ntiamidade. gov
History of the Subject Property
The main parcel was last sold on May 6,2014 fbr $9,650,000 ($395 per sq. ft.). This sale was
recorded in the Public Records of Miami-Dade County at Official Records Book 29153, Page
2934. According to various real estate services the subject property is not under contract or listed
for sale.
Source : www,miamidade.gov
Legal Description
The legal description of the main tract is lengthy. A
recolded deed is shown in Addendum B. No separate
the south tract or the north tract.
Source : www.miantidade. gov
Owner of Record
(main parcel)
Ambassa Holdings, Inc.
c/o Christian De Berdourare
10800 Biscayne Boulevard, Suite 820
North Miami, FL 33161
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Description & Analyses Land Yalualion, 5860 N Boy Road, Miarnl Beach, FL 33140
Site Data
The main parcel is irregular in shape. No suwey was provided. Based on the legal description in
the most recent recorded deed and the recordcd plat, the appraisers estimate that there is street
frontage of approximately 101 feet along the west side of North Bay Road, and water frontage of
approximately 150 feet'sn Biscayne Bay. The-Miami-Dade County Property Appraiser's records
indicate a parcel size of 24,425 sq. ft. Note that the aerial photograph in the County records
indicates an incorrect boundary for the subject property, based on the legal description. The site
is level and at approximate street grade. Utilities available to the site are:
Electric:
Telepl'rone:
Water:
Sewer Disposal:
Florida Power and Light
AT&T
Municipal
Municipal
Based on the draft site plan provided, the south tract runs the length of the south perimeter of the
main tract and has an irregular shape, with frontage of 50 feet along the west side of North Bay
Road and water fi'ontage of 25 feet on Biscayne Bay. The noftlr tract runs along a portion of the
north perimeter of the main tract (from North Bay Road to a point 30 feet from the waterfront), is
trapezoidal in shape and has fiontage of 50 feet along the west sidc of North Bay Road (with no
waLer frontagc).
Zoning
The main tract is zoned RS-2, Single Family Residence District by the city of Miarni Beach, FL.
For a detailcd listing of allowable uses and restrictions, rcfer to the zoning codc of Miami Beach,
FL,
Flood Zone
The subject sites are within Flood Zone AE, areas subject to a one percent or greater annual
chance of flooding in any given year. Base flood elevations are shown as derived from detailed
hydraulic analyscs, This flood zone requires mandatory purchase of flood insurance in
participating communities, This identification was located on Flood Insurance Rate Map,
Community Panel No. 12086C0309L, revised September 11,2009. For insurance purposes, a
surveyor should be contacted to verify the exact zone by a flood clevation certificatc, as welt
as its impact on insurance.
So urce : www. inter/lo od. com
y'l/aronkcr & Rosen, Inc. * Reol Estate Appruisers & Consullanls
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Descriplion & Analyses Land Valaatiott,5860 N Bay Road, Miami Beoch, I'L 33140
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Real Estate Assessment and Taxes
TaxingAuthority: Miami-DadeCounty
Assessment Year: 2013
Millage Rate: 20.3368
FolioNuniber: 02-3215-003-0220(rnaintract)
The following is a sunrmary of the assessment:
*This is the size per the lv{iami-Dade County Property Appraiser's records.
The real estate taxes are estimated as follows:
TAX CALCULATION TAXES PER SQ.FT.
Millage Rate (Millage Rate -1,000)0.0203368
Times Total Assessed Value x$6,653,552 $ I,051,78
Estirnated ReaI Estate Taxes $r 3s,312 $2 1.39
There is a 4%o discount given for early (i.{ovember) payment of taxes which would reduce the
estimated real estate taKes to $129,900, ($135,312 minus 4%),
Florida Statutes require assessrnents to be at 100% ofjust value (market value) with an allowable
adjustrnent to indicate net proceeds that would be derived from a sale. This adjustment varies
dependent on the taxing authority with the Miami-Dade County Property Appraiser's office
typically designating in the range of l5%o. Based upon the marl<et value estimated herein the
assessment is below what is appropriate.
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TAX ASSESSiVIENT
ANALYSIS
TOTAL
ASSESSNIENT
sQ.n'r.
SIZE*
ASSESSMENT
PER SQ.rrf.
Assesscd Land Vah,re $5,949,548 24,425 $243.s8
Assessed Value of Improvements 701,004 6,326 $111.29
Total Assessed Value $6,653,5 52 6,326 $ 1,05 l.78
ll/aronker & Rosen, Inc. €, Real Estate Appruisers & Consultants Page 28
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Descriplion & Anolyses Land Valuation, 5860 N Bay Road, llliami Beach, FL 33140
Description of the Site Improvements
The existing improvements consist of a single family residence originally built in 1948, but the
structure is likely to be demolished by the owner who recently purchased the property with the
intent to build a new residenco,
llaronker & Rosen, Inc. N, Real Estote Appraisers & Consullants Page 29
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Descriplion & Analyses Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140
General Neighborhood Data
Location; Suburban
Built Up: 8}ohto 90%o
Growth Rate: Stable
Property Values: Increasing
Demand/Supply: In balance
Prcsent Land Use: Residential
Change in Present Land Use: Not likely
Prcdominant Use: Residential
Property Compatibility: Very good
General Appearance of Properties: Very good
Appeal to Market: Vcry good
Adjacent Uses
East:
Wcst:
South:
North:
Linkages
Public Transportation;
Employrncnt Centers:
Expressway Access:
Miami International Airport:
Neighborhood Overview
Distance
Within a few blocks
Three to five miles
Five to scven miles
Ten to fifteen miles
Single family residential (across the street)
Biscayne Bay
Single family residential
Single farnily rcsidential
Access
Very good
Good
Average
Average
ll/arouker & Rosen, Inc. oN Real Estate Approlse$ & Cottsultants Page 30
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Supply and Demand
Market conditions for residential real estate in Miami-Dade County have shown substantial
improvement since the shatp declines that followed the recent recession and financial crisis, with
properties at the most desirable locations seeing very significant improvement during the past
year. Demand for larger single-farnily parcels on the warerfront is currently very strong, and due
to the relative scarcity of vacant $'aterfront land rnany of the most recent sales have been of
parcels improved with single-farnily residences (in a number of cases structures in good
condition that were marketed for sale as luxury residences), but which were purchased with the
intent to demolish and build new. Note that, because many of these properties were originally
marketed as luxury homes, their record in the Multiple Listing System (MLS) registers the sale
as an improved property, not as vacant land.
The scalter plot shown on the following page is based on data from the MLS for sales of single-
family waterfront (ocean, bay or Intracoastal Waterway) residcntial lots since Junc l, 2012 rvith
sales prices of $5,000,000 and above. The horizontal axis is the number of months elapsed since
the salc occurred. Two series are shown: sales of improved sites (recorded in the MLS as sales of
luxury homes), and sales of vacant land. The vertical axis indicates the price per sq. ft. of land
(for both series). The vacant land series includes the recent sale of the main parcel and all of the
comparable sales considered in the sales comparison approaclr, among others. The improved
series is believed to include some (though an unknown number of) properlies that were actually
purchased for land (with the intent to demolish and build new). The trend lines shown are based
on linear regression analysis of each series, and provide an indication of the change in values
over time. The slope of the "improved" series indicates an increase of $5.59 per sq. ft. per month
and the slope of the "vacant" series indicates an increase of $9.00 per sq, ft. per month. The
vertical difference betrveen the trend lines is attributed to the fact that most of the sales in the
irnproved series rvere purchased with improvements that had value above the Iand lalue.
The analysis described above and shown in the chart is useful because it provides support for two
general observations. First, values overall for luxury single-family waterfront properties have
increased rapidly over the past t\,vo years. For example, the slopes of the trend lines represent
percentage increases of l6Yo per year for the "improved" series and 31,%6 per year for the
"vacant" series, based on the trend line values at time period 0 (the valuation date). These levels
are well abovc the increases observed for the single-family market in general. Second, the faster
rate of growth in the vacant land series as compared to improved series supports the conciusion
that demand for vacant waterfront sites above $5,000,000 suitable for construction of new ultra-
luxury residences is currently very strong. This also helps explain the increasing number of sales
of improved sites in which the buyer intends to demolisl'r instead of occupy or renovate the
existing structure.
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Descriplion & Ana$sa Land Valuation, 5860 N Bay Roud, Mlami Beach, FL 33140
c
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s1,0s0
s990
S8so
STso
$6so
S5so
s4so
S3so
S 2so
S1 so
ss0
Sales of Waterfront Single-Family Lots
Miami^Dode County / Sole Price $5 Million +
x
. x-
x
XX
X,
x. x xXXaXXxx""'"x3fx x xX a* xx x x x xx., .-l tx#*
",]firr,r.t 'sr
t
axtrx
252015105-1
Months Ago
Source: MLS x lrnproved a Vacant
Note: red marker indicates most recent sqle of rnain parcel
Based on the analysis, if the main parcel were marketed for sale as a development site suitable
for construction of a new ultra-luxury residence, demand would bc very strong and there would
likely be an abundance ofpotential buyers.
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Descripliott & Analyses Lond Valuation, 5860 N Boy Road, Miami Beach, FL 33140
Exposure Time
Exposure time is the "estimated length of time that the property interest being appraised would
have been offered on the market prior to the hypothetical consummation of a sale at market value
on the effective date of the appraisal. Exposure tirne is a retrospective opinion based on an
analysis of past events assuming a competitive and open market"r,
This analysis considers the exposure time at a market related price such as tlre estimated rnarket
value herein, In estimating exposure time, sales are analyzed, real estate brokers and property
owners are interviewed and statistics from published surveys are considered. Based on data
obtained from the MLS, the median number of days on the market for waterfront single-family
residential lots selling for $5,000,000 and up in Miami-Dade County since January 1, 2013 lvas
250, based on a sample of 11 sales. Lower priced waterfront lots tended to sell in less timc. The
analysis also indicates that market conditions are on an improving trend, with demand gaining
strength.
The exposure time for the subject is estimated at six to nine months. This estimate considers that
the properly would have been properly marketed and priced. If the property were not to have
been priced correctly or marketed through proper channels, then it is not likely that neither the
estimated market value nor the estirnated exposure time rvould have been achieved,
' Uniform Staudards ofProfessional Appraisal Practice (USPIP) 2014-2015 Edition, Page IJ-3
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Description & Analyses Land Valuation, 5860 N Bay Rond, Miaml Beoch, FL j3140
Marketing Time
Marketing time differs from exposure time which is presumed to precede the effective date of
appraisal, It is an opinion of the amount of timo it might take to sell a real or personal properly
interest at the concluded market value level during the period immediately after the effective date
of an appraisal, The rnain parcel is a large waterfront lot in a very desirable location with limited
available product. There is significant demand for such product with marketing times decreasing.
The markcting time is estirnated at six to nine months, This assurnes that the property is properly
marketed and priced correctly. trI
Typical Purchaser of the Subject
Tlre main parcel is a large waterfront residential lot. There is significant dernand for such
properlies in Miarni Bcach, and a rclativc scarcity of vacant lots, which has prompted many
buyers to purchase improved sites for demolition and new construction. The typical purchaser
would be a wealthy individual or family.
ttl Tlte Dictionary of Real Estate Appraisal,5th edition, pagc 121
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Ducription & Anolysa Land Valaation, 5860 N Bay Rood, Miami Beach, FL 33140
Highest and Best Use
The site is valued for its highest and bost use, which may be defined as follows:
That reasonable and probable use that will support value
as defined as of the effective date of the appraisal.
In analyzing the highest and best use, the following four questions are answered:
1. Legally Permissible. What uses are legally permitted on the subject site with
respcct to zoning ordinances and deed restrictions?
2. Physically Possihle. What uses of those legally allowed are physically possible
on the subject site?
3. Financiatly Feasible. Of those uses determined to be physically possible and
legally permissible, which ones will produce a positive return?
4. N{aximally Productive. Of those that are feasible, Iegally permissible, and
physically possible, which will produce the highest rate of return or value?
As Vacant
The zoning on the main parcel is RS-2, Single Family Residence District by the city of Miami
Beach, FL. The subject location is desirable. The market continues to strcngthen and values are
high enough to feasibly construct on the site. Therefore, the highest and best use as though
vacant, would be to construct a luxury single-family residence on the site.
As Improved
The subject properties are being valued as vacant land and therefore an analysis of the highest
and best use as improved is not applicable.
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Description & Analyses Land Valuation, 5860 N Bay Road, Miami Beach, FL 3i140
Appraisal Process
An analysis of three separate approaches to value; sales comparison approach, cost approach,
and income capitalization approach, will be considered to estimate the value of the main parcel,
Although these three approaches to value are considered within every appraisal report, they may
not be applicable to each and every property being appraised.
The cost approach is based on the principle of substitution which states that an informed
purchaser would not pay more for a property than the cost of reproducing a property with the
same utility. The cost approach can often yield reliable estirnates of value for nerv construction.
This approach entails estirnating the cost of producing the improvements, deducting an estimate
of depreciation, then adding the value of the site as if vacant. To this value an entreprcneurial
incentive is added to arive at the estirnated value by the cost approach.
The income capitalization approach is based on tho concept that value is created by the
expectations of future benefits and higher earnings should result in higher values. lncome
producing real estate is purchased for the right to receive future income. The income
capitalization approach consists of rnethods to analyze a propefty's capacity to generate income,
and a reversion, and conveft these monetary benefits into an estimate of value.
The sales comparison approach is based on the principle of substitution which suggests that,
within conrpetitive markets, similar products will realize similar prices. Inherent in this concept
is the premise that a purchaser would not pay more for a property than the cost to acquire another
property with the same amenities and utility.
The finalsteps in the appraisal process are review and reconciliation of the data and conclusions,
In reaching a final conclusion of value, the entire process involving the approaches that were
estimated must be revicwed for accuracy, completeness and consistency. After analysis,
evaluation and reconciliation of the indications a value is estimated. The essence of this final
reconciliation should be a defensible and rational conclusion ofvalue.
The only approach used in this appraisal is the sales comparison approach. The income
capitalization approach and the cost approach are not applicable to the valuation of the main
parcel,
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Cosl Approach Land Valuatlott, 5860 N Bay Road, Miami Beach, FL 33140
Cost Approach
The basis of the cost approach is the principle of substitution. This principle suggests that a
prudent buyer would not pay more for a property than the cost to acquire a similar site and
construct comparable improvements,
Following are the procedures for preparing the cost approach.
l. Estirnate the value ofthe land as though vacant and available to be developed to its highest and
best use.
2. Determine which cost basis is most appiicable to the assignment: reproduction cost or
replacement cost.
3. Estimate the direct (hard) and indirect (soft) costs of the improvements as of the effective
appraisal date.
4. Estimate an appropriate entrepreneurial profit or incentive frorn analysis of the market.
5. Add estimated direct costs, indirect costs, and the entrepreneurial profit or incentive to arrive at
the total cost of the improvemcnts.
6, Estimate the atnount of depreciation in the structure and, if necessary, allocate it among the three
major categories: physical deterioration, functional obsolescence, and external obsolescence.
1. Deduct the estimated depreciation from the total cost of the improvements to derive an estirnate
of their depreciated cost.
8. Estimate the contributory value ofany site improvenrents that have not already been considered,
(Site improvelnents are often appraised attheir contributory value - i.e., directly on a depreciated-
cost basis - but may be included in the overall cost calculated in Step 3 and depreciated, if
necessary).
9. Add land value to the total depreciated cost of all the improvements to develop the market value
ofthe property.
10. Adjust for personal property (e.g., furniture, fixtures, and equipment) or intangible assets that are
included in the appraisal.
11. Adjust the value conclusion, which reflects the value of the fee simple estate, for the property
interest being appraised to arrive at the indicated value ofthe specified interest in the property. I
As the main parcel is being valued as vacant land, the cost approach is not applicable.
I The lppraisal ofReal Estate, i4th Edition, 2013, Pages 568 and 569
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Income Copilolizotion Approach Lond Voluotiott, 5860 N llolt Rood, Miomi Beach, FL 33140
Income Capitalization Approach
Income producing real estate is typically purchased as an investment, and from an investor's
point of vierv eaming powsr is tl,e critical element affecting property value. One basic
investment premise holds that the higher the earnings, the higher value, provided the amount of
the risk rcmains constant. An investor who purchases income-producing real estate is essentially
trading present dollars for the expectation of receiving future dollars. The income capitalization
approach to value consists of methods, techniques, and mathematical procedures that an
appraiser uses to analyze a property's capacity to generate benefits (i.e., usually the monetary
benefits of income and reversion) and convert these benefits into an indication ofpresent value,l
in the income capitalization approach, an appraiser analyzes a property's capacity to generate
future benefits and capitalizes the income into an indication of present value. The principlc of
anticipation is fundamintal to the approach.2
An inconre capitalization approach was not applied as it was not w,ithin tlre scope of this
appraisal. Since this approach is typically not considered by purchasers ofthis property type, not
using it does not limit the reliability of the value estimated hcrein.
I Appraisal of Reat Estate, l4'l'Edition,2013, Page 439
' rbid.,439
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Sales Conqarison Approach Land Vqluation, 5860 N Bay Road, Miami Beach, FL 33140
Sales Comparison Approach
The sales comparison approach is based on the principle of substitution, The principle of
subslitution holds thot the value of property tends to be set by the cost of acquiring a
substitute or alternative property of similar utility and desirability within a reasonable
arnount of time.l
In the Sales Comparison Approach, an opinion of market value is developed by comparing
properties similar to the main parcel that have recently sold, are listed for sale, or are under
contract (i.e., for which purchase offers and a deposit have been recently subrnitted). A major
premise of the sales comparison approach is that an opinion of the market value of a property
can be supported by studying the market's reaction to comparable and competitive properties.
Qualitative analysis is a relative comparison process without mathematics. Sales are ranked
based upon their desirability as compared to the subject. Comparisons can be expressed as
plus or minus as opposed to dollar or percentage adjustments.
Quantitative analysis is the process of applying nathematical techniques. Sales are adjustcd to
the main parcel on a dollar or a percentage basis. One method of supporting adjustments is
through paired data analy,sis. This method analyzes two sales and attributes the difference in
their sales prices to the characteristic which is different. This analysis requires an abundance
of sales data which is frequently not available .
Qualitative analysis is used herein to estimate a value by the sales comparison approach.
Characteristics of the sales considered superior to the subjeot are given a minus (-) adjustment.
Those characterislics of the sales considered inferior to the subject are given a plus (+)
adjustment. Each sale is given an ovcrall adjustment indicating how it compares to the subject.
On the following page is a grid of the sales used for comparison to the main parcel.
I The Appraisal of Real Estate 14'h Edition, 2013, page 379
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Sales Comparison Approoch Land Valuation, 5860 N Bay Roatl, Miami Beach, FL 33140
Vacant Land Sales Grid
Following is a grid of the comparable sale properties used for comparison to the main parcel.
Salc
No,
Salc
Dnte Locntion
lYater
Frontage Viow Sale Price
Sq. Ft.
Size
Price/
Sq. Ft.
I February
2014
6455 Pine Tree Drive Circle
Miami Beach
360',Waterways $7,000,000 27,860 $25 l
2 April 2014 34 La Gorce Drive
Miami Beach
136'Bay $ 14,000,000 22,912 $6r1
3 January 2014 6596 Allison Road
Miami Beach
200'Waterway $11,700,000 43,200 $27 I
4 April 2014 1757 West 27th Sreet
Miami Beach
I 00'Waterrvay,
Parrial Bay
View
$6J?s,000 20,000 $339
5 Dccember
2013
6440 Noah Bay Road
Miami Reach
1 00,Watcrway
and Bay
View
$6,600,000 27,577 $239
6 September
2013
6010 North Bay Road
Miatni Bcach
7s'Portion of
Bay
s6,2s0,000 21,228 s294
7 Marcb20l4 845 E Di Lido Drive
Miami Beach
9z',Bay $5,700,000 l1 ?5i 842?
Subject May 2014 5860 North Biy Road
l\'Iiami Beach
150,Bay $9,650,000 24,425 s395
lYaronker & Rosen, Inc, & Real Estate Appraisers & Consultants Page 40
682
:l 'I
Sal es Contp ar is o tt App ro ach.Land Valuation, 5860 N Bq Road, Miami Beach, FL 33140
Vacant Land Sales Map
llaronker & Rosen, Inc, .i, Reol Estate Appraisers & Consultants Page 41
683
Sales tantpatilan J.ppmreh Land lialll.aiioa, 5f60l$"8rpEocd, rlfiarnf Seu*h, FL 31140r@is.s@EErffitE lE!:rffi
Compar*bte ktnil Sals I
Lscation
6455 Pine Tree Drive Circle
Miami Beoch, fL 33141
Property Type
Vacant Residential Lot
$qu*re Fe*t
?7,9$0
Pricc/Ss,Ft-
$?s r "?6
IYAE" No"
30361 5
Reeordirg kfarmatioa
Sale Prirc:
Salc Dats:
OltBlPnge:
Gruntor:
Crenleer
Legal Description:
Folio No.:
financing & Prior S*le
Financing:
Frior Sale:
Fropcrty Dscripiion
Zoning:
Slrape:
T*pngraphy;
Commenfe
$7,000,000
Fsbruary 2014
2e03611?38
fie*rgcs Levy and Yaleri* Levy
Brickvicrv 3l14, LLC
Lengthy legal descripti*n. Re&r ts the recprdiag instrument"
02-3?r I-013-S{}50
All sash to the ssller
I$one in the past {ive years
RS-3, Single Family Residenre District by the city cf Miami
Beneh, FL
Irrrgular
Crade level
"l-his is & "tip" lct located on the norlhsast side ol" Pine Trre Drive Circle, a small xtreet that lonps
betrve*n La frorce Drive and Fin* Trec Drivr. {t bsne{its ltam wide lyater vie\ils fa.cing nei*h
toward La ilorcs Isls:rd find sast to,w*rd Allison istrnri. Total w*ter frcntage is approximatcly
360 feet. It was irnprnved with a ?,555 sf residcn*e built in 1950, but ihe buyer ix dernolishing it
to make wey for a new residence.
lfaro**er & I(or^ea, /n* $ fr*al list*te "{ppralcers & Corlsr*amtr Page 42
684
Soles Comparisonlppyoach Land Valuation, 5860 N Bay Road, Miami Beaclt, FL 33140
rlil
l;rl
Comparable Land Sule 2
Location
34 La Gorce Drive
Miami Beach, FL 33141
Property Type
Vacant Residential Lot
Square Feet
22,912
Price/Sq,Ft.
$61 1.03
WAR NO,
303616
Recording Information
Sale Price:
Sale Date:
ORRiPage:
Grantor:
Grantee:
Legal Description:
Folio No.:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
This lot is located on the southwest side of La Gorce Island, an exclusive guard-gatcd residential
community. It benefits from wide open bay views facing southwest. Total water frontage is
estimated at. 136 feet, It was improved with a 4,846 sq. ft. residence built in 1941that the buyer
is demolishing to make way for a new residence.
$l4,ooo,ooo
Aptil2014
2914013016
Joseph Z. Fleming and Betty C. Fleming
34 La Gorce Circle Partners, LLC
Lot 17, Block l, LA GORCE ISLAND, according to the Plat
thereof, as recorded in Plat Book 34, Page 83 of the Public
Records of Miami-Dade County, Florida
02-321 0-003-0 1 40
All cash to the seller
None in the past five years
RS-2, Single Family Residence District by the city of Miami
Beach, FL
Irregular
Grade level
Waronlcer & Rosen, Inc. c& Real Estate Appraisers & Consultants Page 43
685
Sales Comparison Approach Land Valualion, 5860 N Bay Road, t{iami Beach, FL 33110.
Contparable Land Sale 3
Location
6596 Allison Road
MiamiBeach, FL 33141
Property Type
Vacant Residential Lot
Square Feet
43,200
Price/Sq.Ft.
$270.83
WAR No.
303617
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee:
Legal Description:
$11,700,000
January 2014
2899911584
Frank Bramson and Phyllis G. Bramson
Michael Burke and Brigitte Burke
Lots 30,31 and thc North 25 feet of Lot 32, Block,INDIAN
CREEK, aocording to the Plat thereof, as recorded in Plat Book
31, Page 75 of tlie Public Records of Miami-Dade County,
Florida
02-321 l -003-0300
All cash to the seller
None in the past five years
RS-2, Single Family Residence District by the city of Miami
Beach, FL
Square
Grade level
Folio No.:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
This lot is located on the west side of Allison Island, with 200 feet of water tiontage and views
of the waterway facing west toward La Gorce Island. It is a large lot, most lots on the island
being about half the size. The seller rvas in the process of demolishing an older residence and
splitting the lot into tu,o equal size lots. It was marketed for sale as either one larger lot or two
smaller lots and was on the market for about six months when it sold as a single lot.
Waronker & Rosen, Inc. ,1. Real Eslate Approisers & Cortsultanls Page 44
686
Sales Comparison App ro aclt Land Valualion, 5860 N Bay Road, Miami Beach, FL 33140
Comparable Land Sale 4
Location
I757 West 27th Street
MiamiBeach, FL 33140
Property Type
Vacant Residential Lot
Square tr'eet
20,000
Price/Sq.Ft.
$338.7s
WAII No.
30361 8
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Gmntor:
Grantee:
Legal Description:
Folio No.:
F inancing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topogmphy;
Comments
This lot is located on the north side of one of the Sunset Islands, with 100 feet of water frontage
facing north, with views facing north toward another of the Sunset Islands, and partial bay vielvs
facing northwest.
$6,775,000
April2014
2912712276
Campbell Avery Smith, as trustee
1757 W 27th Street, LLC
Lot22, Block 2H, ISLAND NO. 2, 3RD REVISED PLAT OF
SUNSET ISLANDS, according to the Plat thereof, as recorded
in Plat Book 40, Page 8 of the Public Records of Miami-Dade
County, Florida
02-3228-001-1260
Al[ cash to the seller
None in the past five years
RS-2, Single Farnily Residence District by the city of Miarni
Beach, FL
Rectangular
Grade level
lVaronker & Rosen, Inc €, Real Eslole Appraisers & Consultants Page 45
687
Solcs Crrmparttor App
Comparable Land Sale 5
Location
6440 North Bay Road
MiamiBeach, FL 3314.|
Property Type
Vacant Residentiai Lot
Square Fect
27,517
Price/Sq.Ft.
fi239.33
WAR No.
3036 1 9
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee:
Legal Dcscription:
Folio No.:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
$6,600,000
December 2013
289ss12075
Versel Overseas Limited
6440 NBR, LLC
Lengthy legal description. Refer to the recording instrument.
02-321 s-003-0020
All cash to the seller
None in the past five years
RS-2, Single Family Residence District by the city of Miami
Beach, FL
Irregular
Grade level
This lot has about 100 feet of water frontage facing northwest toward La Gorce Island and
Normandy Isle. Based on a reading of the legal description and the recorded plat, the parcel
boundary shown in the county's aerial photograph incorectly shows 200 feet of water frontage.
i'
I
tl
I
1i
{;t
ll/aronker & Rosen, Inc. €, Real Estate Appraisers & Cottsullants Page 46
688
Sales Compafison Approach Land Valuation, 5860 N Bay Road, I|[iami Beach, FL 33140
Comparable Land Sale 6
Location
6010 North Bay Road
Miami Beach, FL 33141
Property Type
Vacant Residential Lot
Squarc Feet
21,228
Price/Sq.Ft.
$294.42
WAR No.
303620
Recording Information
Sale Price:
Sale Date:
ORBiPage:
Grantor:
Grantee:
Legal Description:
Folio No.:
Financing & Prior Sale
Financing:
Prior Sale:
Property Dcscription
Zoning:
Shape:
Topography:
Comments
$6,250,000
September 2013
28846/3885
FCI Miami Beach Two, LLC
6010 NBR, LLC
Lot 18, tslock 1, LAGORCE GOLF SLIBDIVISION, according
to the Plat thereof, as recorded in Plat Booh l4, Page 43 of the
Public Records of Miami-Dade County, Florida
02-321 s-003-0170
All cash to the seller
Iune 2012 for $5,500,000
RS-2, Single Family Residence District by the city of Miami
Beach, FL
Rectangular
Grade level
This is an elongated lot with a depth of about 280 feet and about 75 feet of water frontage with
open views facing northwest toward Normandy Isle and North Bay Village in the distance.
lVaronker & Rosen, Ine .!, Ileal Estale Appraisers & Consultants Poge 47
689
Sales Contparison Approach Land Valuatlott, 5860 N Bay Road, Miomi Beach, FL 33140
Comparable Land Sale 7
Location
845 E DiLido Drive
MiamiBeach, FL 33l39
Property Type
Vacant Residential Lot
Square Feet
13,353
Price/Sq.Ft,
$426,87
WAR No.
303623
Rccording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee;
Legal Description:
$5,700,000
March 2014
2907713233
Sunrise Ventures Holdings, lnc.
Mark Lyn
Lot 27, Block 4, Di LIDO, together with a strip of land
contiguous to the northern boundary line of Lot 27, Block 4, DI
LIDO, lying between the northerly extension of the Wsst
bonndary line of said Lot 27 and the northerly extension of the
East boundary line of Lot 27, as recorded in PIat Book 8, page
36, of the public records of Miami-Dade County, Florida,
02-3232-01I -0780
AII cash to the seller
April 201 0 for $2,450,000
RS-3, Single Family Residence District by the city of Miami
Beach, FL
Irregular
Grade level
Folio No.:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Commcnts
This waterfront lot is located at the north end of Di Lido Island. It has approximately 97 feet of
rvater frontage and wide open bay views facing north.
lVaronker & Rosen, Inc, & Real Estale Appraisers & Consullants Page 48
690
Sales Comparisott Approach Land Valuation, 5860 N Bay Road, Miomi Beach, FL 33140
Adjustment Grid
Below is a grid which illustrates qualitative adjustments used to compare the comparable sales to
the rnain parcel. Percentage adjustments were not utilized. In order to utilize percentage
adjustments it would be necessary to pair (compare) sales to extract value differences. This is
difficult as there is normally insufficient data to provide pairings for all value differences. Below
is a grid which illustrates the adjustrnents made. A plus (+; sign indicates the unit of comparison
of the sale must be adjusted upward as that characteristic is inferior to the subject, A minus (-)
sign indicates the urrit of comparison of the sale must be adjusted downward since the
characteristic is supcrior to the subject. An equal (=) sign indicates the comparable sale
characteristic is sirnilar to the subject,
Snle
No.
Price/
Sq. Ft.
Market
Conditions.Location
Water
Frontage/Views
Slze/
Shape
Overall
Adjustment
I $2s I ++++
2 s6l I
3 s271 +++l-++
4 $339 F ++++
5 $239 +++++
6 s294 ++++
'1 $427 +
After considoring the individual differences, either a plus (+), minus (-) or equal (=) sign has
been placed in the "Overall" column. This indicates the overall adjustment that the salc would
require as cornpared to the main parcel.
Vl/aronker & Rosen, Inc. * Real Estate Appraisers & Consultanls Page 49
691
Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miami Beaclt, FL 33140
Conclusion of Land Value by the Sales Comparison Approach
The sales comparison approach compared sirnilar properties to the main parcel and adjustments
were made for the pertinent characteristics. Based on these comparisons a value was estimated
for the main parcel. Sale prices per square foot range from $239.33 to $611,03 with a mean of
$348 per square foot and a median of$294 per square foot.
Comparative analysis indicates that adjustments are required for market conditions, location,
water frontage/views, and size/shape. No adjustmcnt is required fot conditions of sale or zoning.
Market conditions adjustments consider the improvement in overall market conditions during the
period since the oldest sale occurred. Location adjustments consider general characteristics of the
site and overall desirability of the area. Water frontage/views consider the quality and
desirability of water views, the extent of water fi'ontage, and the ratio of water frontage to lot
size, Size/shape adjustrnents consider the tendency for larger lots to sell for a lower price per sq.
ft., based on the diminishing value of additional land area above a minimum threshold amount
needed to support construction of a residcnce suitable for the property. They also consider the
greater desirability of more square-like and rectangular shapes in comparison to highly irregular
and elongated shapes r,vhich tend to constrain design choices and raise construction costs.
The adjustments indicate that the main parcel should achieve a sale price per sq. ft. above Sales
7,3,4,5 and 6 (a range of $239 to $339), below Sale 2 at $611, and slightly below Sale 7 at
$427. Consideration was also given to the recent sale in May 2014 of the main parcel for $395
per sq. ft. A value of$400 pcr sq. ft. is supported by the analysis.
Also considered are the following current listings:
Current Listings of Vacant Waterfront Single-Family Sltes
Address
2 INDIAN CREEK DR
4INDIAN CREEK DR
5840 N BAY RD
6455 PINETREE DR
266 S HIBISCUS DR
28 S TARISLAND DR
1460 W 28 ST
3O8O N BAY RD
420 W s1 ST
861. N VENETIAN DR
Media n
City
lndian Creek
lndian Creek
Miami Beach
Miami Beach
Miami Beach
Mia mi Beach
Mia mi Beach
Miami Beach
Miami Beach
Miami
List Price
526,000,000
s25,000,000
s 1s,e00,000
S 11,eoo,ooo
s 11,400,00o
$ 1O,5OO,OOO
s7,4s9,ooo
S6,ze9,ooo
Ss,soo,ooo
Ss,3oo,ooo
S1o,95o,ooo
Lot Size
(sq. ftJ
80,00o
80,o00
37,A95
27,860
21,000
40,ooo
20,oo0
20,500
28,550
1s,o00
28,255
Price
per sq. ft.
s32s.00
s3 r.2.s0
s419.s8
S4?7.74
ss42.86
Szoz,so
Saz+.gs
S3o7.z7
S191,97
S3s3,33
S339,17
Waronker & Rosen, Ine * Real Estate Appraisers & Consuhunts Poge 50
692
Sales Comparison Apprcach Land Vqluation, 5860 N Bay Road, Miami Beach, FL 33140
The listings range from $192 per sq, ft. to $543 per sq. ft. with a median of $339.17. The listing
at 5840 N Bay Road is located two lots south of the main parcel, is sirnilar in size and shape and
is listed for $419.58 per sq. ft. The listings representthe subject's main competition if it were to
be offered for sale at this time, and do not contradict the value indication by analysis of the
comparable sales.
Based on the analysis, the market value of the land as though vacant is estimated at $400 per sq.
ft., times 24,425 s{. ft., or $9,800,000 (rounded).
Valuotion of the South Tract
The south tract is contained within the main parcel, containing 24o/o of its total land area, 50oh of
its street frontage and 17%o of its water frontage, it is fairly representative of the main parcel as a
whole. As a result, no adjustment is indicated to the market value estimated for the main parcel
for the across the fence value estimate of the south tract, Therefore, based on the main parcel
market value of $400 per sq. ft., the across the fence value of the south tract is estirnated at $400
times 5,870 sQ.ft., or $2,350,000 (rounded).
Valuation of the North Tract
The north tract is adjacent to the main parcel along its north side, and has the same amount of
street frontage as the south tract, but lacks water frontage, as it extends to a point 30 feet from
the rvater's edge, Anything constructed on it would however benefit from water views looking
west and northwest over the 30 feet at the nofthwest corner of the main parcel. An adjustment to
the market value estimated for the main parcel is indicated, but note that the north tract is a City-
orvned parcel unlikc any other parcel based on its location. Therefore, only a general comparison
to other parcels can be made.
Generally, the nofth tract is inferior to the main parcel because it lacks water frontage, At the
subject location, where large single-family parcels with substantial water frontage are among the
most valuable in the region, this is a significant factor. It is also superior to otherwise similar
non-waterfront parcels (including those on the east side of N Bay Road) because land on the west
side of N Bay Road benefits from proximity to the water. Based on this, an appropriate location
adjustment to the market value estimate for the main parcel lvould put the across the fence value
of the north tract somewhere well below $400 per sq. ft. but above values obseryed for non-
waterfront parcels. On the following page is a summary grid of several sales of non-waterfront
parcels in the area, along with two sales of single-family lots that benefit from ocean frontage but
which are disadvantaged by an undesirable shape. The summary grid is followed by detailed
descriptions of each sale.
ll/aronker & Rosen, Inc. ,i. Real Estute Appruisers & Cotrsultants Page 51
693
soles comparison Ap tioh 5860 N Bay Road, Miami Beacb FL 33140
Vacant Land Sales Grid
Following is a grid of the comparable sale properties used for comparison to the main parcel,
Sale
No.
Sale
Date I-ocetion Sale Price
Sq. Ft.
Size
Price/
Sq. Ft.
8 April
2013
2057 N Bay Road
Miarni Beach
$6s0,000 6,063 st07.2t
9 December
2At3
116 3rd Rivo Alto Tenace
Miami Beach
$ I,l 60,000 7,500 $ 154.67
l0 lfebruary
2013
7830 Atlantic Way
Miami Beach
$ I,02s,000 6,2s0 $164.00
11 Moy
2014
7801 Collins Avcnus
Miami Bcach
$962,s00 6,500 $ 148.08
t2 Mav
2014
1351 S Venetial Way
Miami
$830,000 7,500 $ l 10,67
i3 August
2013
7833 Atla:rtic Way
Miami Beach
$3,200,000 13.000 ti246. l5
14 July
2013
7709 Atlantic Way
Miami Beach
$3,8i5,000 13,000 $298.08
ll/aronker & Rosen, Inc. ,1. Real Estate Appraisers & Consultants Page 52
694
Sales Comparison Approaclt. Land Valualion, 5860 N Bay Road, Miami Beach, FL 33140
Vacant Land Sales Map
(For Analysis of North Tract)
Woronher & Rosen, Inc, €, Real Estate Apptoisers & Consultants Page 53
695
Sales Comporison Approach Land Valuation,5860 N Bay Road, Miami Beaclt, FL 33140
Comparable Land Sale I
Location
2057 N Bay Road
MiamiBeach, FL 33140
Property Type
Vacant Residontial Lot
Square Feet
6,063
Price/Sq.Ft.
$107,21
WAR No.
303636
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantol
Grantee:
Legal Description:
Folio No.:
Verification:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
This single-family lot is located on the east side of N Bay Road, with 49 feet of frontage between
N Michigan Avenue and W 21st Street. The location is across the street from the waterfront
parcels.
$650,000
April2013
2862512128
Sam Kvitko
Giusi Properties,Inc.
Lot25, Block 16, SUNSET LAI(E SUBDIVISION, according
to the Plat thereof, as recorded in Plat Book 8, Page 52 of the
Public Records of Miami-Dade County, Florida
02-3227 -008-t6t0
Rccorded deed, MLS
All cash to the seller
None in the past five years
RS-3, Single Family Residence District by the city of Miami
Beach, FL
Rectangular
Grade level
lVaronker & Rosen, Inc, ,i, Real Dstale Appruisers & Consukants Page 54
696
Sales Comparisott Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140
Comparuble Land Sale 9
Location
t 16 3rd Rivo Alto Terrace
MiamiBeach, FL 33139
Property Type
Vacant Residential Lot
Square F eet
7,500
Price/Sq.Ft.
$1s4.67
WAR No.
303635
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee:
Legal Description:
Folio No.:
Verification:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
This single-family lot is an interior parcel located on 3rd Rivo Alto Terrace, between East and
West Rivo Alto Drives, on Rivo Alto Island (one of the Venetian lslands).
$ 1,160,000
December 2013
28979t575
Union Mexico Money Support, Inc.
Eight Venetian, Inc.
Lot 2, Block 8, RIVO ALTO, according to the Plat thereof, as
recorded in Plat Book 7, Page 74 of the Public Records of
Miami-Dade County, Florida
02-3233-00 l-0910
Recorded deed, MLS
All cash to the seller
February 2013 for $1,050,000
RS-3, Single Farnily Residence District by the city of Miami
Beach, FL
Rectangular
Grade level
V[aronker & Rosen, Inc, tt Real Estate Appraisers & Consultants Page 55
697
Sales Comparison Approach Land Vafuation, 5860 N Bay Road, Miami Beach, FL 33140
Comparable Land Sale 10
Location
7830 Atlantic Way
Miami Beach, FL 33141
Property Type
Vacant Residential Lot
Square Feet
6,250
Price/Sq.Ft.
$ r 64,00
WAR No.
303633
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee:
I-egal Description:
$1,025,000
February 2013
2849913636
Altos del Mar, Ltd,
Macanao Entertainment, LLC
Lot 3, Block 12, CORREC'IED PLAT OF ALTOS DEL MAR
NO. 1, according to the PIat thereof, as recorded in Plat Book
31, Page 40 of the Public Records of Miami-Dade County,
Florida
02-3202-004-0s40
Recorded deed, MLS
All cash to the seller
None in the past five years
RS-3, Single Family Residenoe District by the city of Miami
Reach, FL
Roctangular
Grade level
Folio No.:
Verification:
Financing & Prior Salc
Financing:
Prior Sale:
Properfy Description
Zoning:
Shape:
Topography:
Cornrnents
This single-family lot is located on Atlantic Way with 50 feet of tiontage between 78th and 79th
Streets, and additional frontage of 50 feet at the rear along the east side of Collins Avenue, in a
gated residential community. The location is one block from the ocean and just south of Norlh
Shore Park.
ll/aronker & Rosen, Inc. ,1. Real Estate Appraisers & Consultants Puge 56
698
Srlrt Cr^p*rtrn App
Comparable Land Sule l1
Location
7B0l Collins Avenue
Miami Beach, FL 33141
Property Type
Vacant Residential Lot
Square Feet
6,500
Price/Sq.Ft.
$148.08
WAR No.
303634
Recordin g Inforrnation
Sale Price:
Sale Date:
OM/Page:
Grantor:
Grantee:
Legal Description:
$962,500
May 2014
2914014116
Altos delMar, Ltd,
Henry Ahn and Raye Dube
TIre West 65 feet of Lots 5 and 6, Block 12, ALTOS DEL
MAR, according to the Plat thereof, as recorded in plat Book
31, Page 40 of the Public Records of Miami-Dade County,
Florida
02-3202-004-0560
Recorded deed, MLS
All cash to the seller
None in the past five years
RS-3, Single Family Rcsidence District by the city of Miami
Beach, FL
Rectangular
Grade level
Folio No.:
Verification:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
This is a single-family lot located at the northeast corner of Collins Avenue and 78th Street in
gated residential community. The location is one block from the ocean.
Vl/aronku & Rosen, Inc. .i. Real Estate Appraisers & Consuhants Page 57
699
){
lt
Sales Comparison Approach Land Valuation,5860 N Bol Road, Miami Beach, FL 33140
Comparable Lond Sale 12
Location
1351 S Venetian Way
Miami, FL 33139
Property Type
Vacant Residential Lot
Square Feet
7,500
Price/Sq.Ft.
$ 1i0,67
WAR No.
303637
Recording fnformation
Sale Price:
Sale Date:
ORB/Pagcr
Grantor:
Grantee:
Legal Description:
Folio No.:
Verification:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
This single-family lot is located at the northwest corner of S Venetian Way and NE 13th Place
on San Marco Island, one of the Venetian Islands.
$830,000
May 2014
29t62/2924
Mario Jaile and Mercedes Jaile
Domingo Pardo, as Trustee
Lot 8, Block 7, SAN MARCO, according to the Plat thereof, as
recorded in PIat Book 9, Page 21 of the Public Records of
Miami-Dade County, Florida
01-3232-001-0610
Reoorded deed, MLS
All cash to the seller
None in the past five years
T3-R, Single Family Residence by the city of Miarni, FL
Rectangular
Grade level
li
t,
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Sales Comparisott Approach Lund Valuation, 5860 N Bay Road, Miami Beach, FL 33140
-
Comparable Land Sale 13
Location
7833 Atlantic Way
MiamiBeach, FL 33141
Property Type
Vacant Residential Lot
Square Fcet
13,000
Price/Sq.Ft.
$246,1s
WAR No.
303638
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee:
Legal Description:
Folio No.:
Verification:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
This single-family lot is located on the east side of Atlantic Way, between TBth and 79th Streets,
with frontage of 50 feet on Atlantic Way and on the beach. The location is a gated residential
community. This is an interior parcel with a depth of 260 feet, This was a bank sale by the lender
that foreclosed on the previous owner's loan.
$3,20o,ooo
August 2013
28783fit84
Bank of America, N.A
Loxodonta Ventures, LLC
Lot 2, Block 5, CORREC'IED PLAT OF ALTOS DEL MAR,
according to the Plat thereof as recorded in PIat Book 31, Page
40 of the Public Records of Miami-Dade County, Florida
02-3202-004-0t90
Recorded deed, MLS
All cash to the seller
None in the past five years
RS-3, Single Family Residence District by the city of Miami
Beach, FL
Rectangular
Grade level
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Sales Comparison Approach Land Valuatiott, 5860 N Boy Road, Miami Beach, FL 33140
Comparable Land Ssle 14
Location
7709 Atlantic Way
MiamiBeaclt, FL 33141
Property Type
Vacant Residential Lot
Square Feet
13,000
Price/Sq.Ft.
$298.08
WAR No.
303639
Rccording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Crantee:
Legal Description:
Folio No.:
Verification:
Financing & Prior Sale
Financing:
Prior Saie:
Property Dcscription
Zoning'.
Shape:
Topography:
Comments
'l'his single-family lot is located on the east side of Atlantic Way, betweenT?th and 78th Streets,
in a gated residential community. [t is an interior lot with frontage of 50 feet along both Atlantic
Way and the beach, and a dcpth of 260 foet.
$3,875,000
July 2013
28757/623
1037 Orlando, LLC
Kadey Family Beach, LP
Lot 5, Block 6, CORREC'IED PLAT OF ALTOS DEL MAR,
according to the Plat thereof, as recorded in Plat Book 31, Page
40 of the Public Records of Miami-Dade County, Florida
02-3202-004-0280
Rccorded deed, MLS
All cash to the seller
May 2012 for $3,500,000
RS-3, Single Family Residence District by the city of Miarni
Beach, FL
Rectangular
Grade level
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Sales.9ompsri:on Approqch - Lsnd _VJluation, 5860 N Bay Road, htlami Beoch, FL j3140
Analysis
Sales 8,9 and 12 are smaller non-waterfront sites that sold in the range of $107 to $155 per sq.
ft. Sales 10, 1 1 , 1 3 and l4 are all located in Altos del Mar, a small single-family subdivision and
gated community located between Collins Avenue and the ocean. Sales l0 and 11 are smaller
non-waterfront lots with partial frontage on Collins Avenue that sold at $164 and $148 per sq. ft.,
whereas Sales l3 and l4 are larger lots with ocean frontage and views, selling for $246 and $298
per sq. ft. Note that Sale 13 at $246 per sq. ft. was a bank sale of a foreclosed property and likely
reflects distressed or liquidation sale conditions. After adjusting for this, this sale indicates a
value near that of Sale 14, which is identical in size and shape and has avery similar location.
Note also that Sales 13 and 14 are disadvantaged by a very narrow shape (both trave a depth of
260 feet but a width of only 50 feet), which would severely constrain development and design
possibilities. It should also be noted that though these haye ocean frontage, they are set back
frorn the beach some distance, slightly diminishing the quality of the views. T'he shape and view
factors help explain why these properties achieved a lower price per sq. ft. than the market value
estimated for the main parcel, in spite of the fact that they are a very scarce type of property in
the local market (single-family lots with ocean frontage).
Conclusion
The inferior non-waterfront sales ranged from $107 to $164 per sq. ft. The two waterfront sales
are at $246 and $298 per sq. ft., with the lower figure requiring a positive adjustment for
conditiotts of sale. The two rvaterfront sales are inferior to the main parcel, mainly due to seyere
shape disadvantages, and achieved values per sq. ft, within the range of all but the two highest
sales considered in the main parcel valuation, The salos indicate the following ranges;
Non-waterfront sales (Sales 8 to 12)
Atlantic Way (Sales 13 & 14)
Main parcel sales (Sales I to 7)
$107 to $164 per square foot
$246 and $298 per square foot
$271 to $61 1 per square foot
The analysis indicates that a large negative adjustment to the market value estimated for the main
parcel would be appropriate. This would put the value below the range of the main parcel sales
(Sales 1 to 7), above the range of the non-waterfront sales (Sales 8 to l2), below Sale 14 (which
is severely disadvantaged by shape but whi<;h benefits from ocean frontage), and near Salc 13
(which is very similar to Sale 14 but which was also a distressed sale). Based on this, an across
the fence va,lue of $250 per sq. ft. is indicated. At 10,215 sq. ft,, this equates to a valuc of
$2,550,000 (rounded).
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Srl"t Cr^p"rtttr A
Potential Impact on lhe Market Value of the Main Parcel
IJased on the across the fence values estimated above, the net value of theproposed land swap is
$200,000 (the amount by which the value of the north tract exceeds the value of the south tract).
The reader should note that the across the fence values estimated above do not considcr the
potential impact of the proposed land swap on the market value of thc main parcel. In other
words, they ignore the possibility that the value of the land swap /o the owner of the main parcel
may be higher or lower tltan the net value based on the across the fence values of the north and
south tracts. As a result of the proposed swap, the main parcel would be impacted by the
following changes:
. Water frontage would be reduced from 150 feet to 125 feetr An enhancement of the utility of the north 30 feet of the existing water flontage as a
result of thc annexation of the notth hact, which would make possible better quality
views from that portion of the water frontagc.r An enhancement in the overall shape of the parcel, which is currently disadvantaged by
having a1,647 sq. ft. semi-"olphaned" segment at the northwest end on the waterfront.
Thc boundary at thc southeast end would become irregular, but tlris occurs at the street
frontage where it has much less impact than on the waterfront.
o The overall size of the parcel wou(d increase from 24,425 to 28,770 sq. ft,
The net irnpact of these changes is likely to be neutral to slightly positive, making it possible that
to lhe owner of the nain parcel the value of the proposed land swap could be greater than the net
value based on the across the fence values. However, these factors were not considcred and are
not reflected in the across the fence values estirnated which are based on market value and not a
value to an adjoining owner.
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Reconciliation _ Land Valualiolt, 5860 N Bay Road, Miami Beach, FL i3140
Reconciliation of Value
The reconciliation process considers the approaches
approach to value is analyzed as to its reliability and
the following values:
Cost Approach
Income Capitalization Approach
Sales Comparison Approach
Main Pqrcel
South Tract
North Tract
which were utilized in this report. Each
applicability. These approaches indicated
Not applicable
Not applicable
89,800,000
$2,350,000
$2,550,000
The cost approach estimates the land value and adds the deprrcciated value of the improvements.
As the land being appraised is vacant, this approach is not applicable and was not applied herein.
The income capitalization approach analyzes the projected income and expenses of a property
and capitalizes the net income into a value estimate. Typically vacant land is not purchased based
on its ability to generate income. this method is not applicable and was not applied herein.
The sales comparison approach compares sales of similar properties to the main parcel and is the
only applicable approach to value. These sales rvere analyzed for differences such as conditions
of sale, f,tnancing, market conditions, location, zoning, shape/size, and other characteristics. The
strength of this approach relies on the quality of the comparable sales, Sales which closely
resemble and can be cornpared easily with the subject are most desirable. The sales utilized were
considered comparable and make the sales comparison approach the only reliable indication of
value. It was used to estimate the market value of the main parcel, and also the adjustment
needed for the across the fence value estimate of the north tract. The across the fence value of the
south tract is equivalent to the market value per sq. ft. of the main parcel,
As the main parcel and the north and south tracts are valucd as vacant land, total reliance was
placed on the sales comparison approach. Based on the analysis, the market value of the main
parcel as though vacant as of May 31,2014 is estimated at $9,800,000, the across the fence value
of tlre south tract as of May 3l,Z0l4 is estimated at $2,350,000, and the across the fence value
of the north tract as of May 31,2014 is estirrated at $2,550,000.
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ADDENDA
R P O R AT E D
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ADDENDUM A
COUNTY AREA DESCRIPTION
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Miami-Dade County and Area Description
General Overview
Miami-Dade County, often refemed to as "Miami" is known intcrnationally for its weather,
beaches, banking, find art, shopping, and Latin culture. While many pass through the Cruise
Capital of tl.re World, 2.5 million people call it home.
Miami-Dade County is at the southeastern tip of Florida and is the south-eastemmost state in the
continental United States. Its land area is approximately 1,946 square miles and is bordered by
Broward, Collier, and Monroe Counties to the north, southwest, and south, respectively. The
county is bordered by the Atlantic Ocean to the East and Everglades National Park to the West.
Demographics
As of the 2013 Census repoft, Miami-Dade County has 2,496,435 residents. Over half of those
were born outside the United States; 70 percent fall between the ages of 25 and 55. As depicted
in the following graph, the county's population has risen steadily since 1970.
Miami-Dade County Population Projections
2015 Projection
based on 201I
Estimate
Percentago change
2011 to 2015
2020 Projection
based on 2011
Estimate
Perceutage change
201L to 2020
2,591,790 3.8%2,717,631 4.gYo
Miami has a positive reputation for international business, and developers are rnarketing their
new projects to those individuals. Therefore, the county's population is expected to increase at an
even grcater rate approaching the year 2020.
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:l
Miami is the largest city in fhe County. Other populous municipalities include Hialeah, Miami
Gardens, Miami Beach, and unincorporated [and. Actively growing are some new cities since
2000 suclr as Cutler l3ay and Doral.
Brief History
Miami was founded in 1856 after the end of Spanish rule in Florida. Before the turn of the
century, prominent figures such as William and Mary Brickell and Henry Flagler established a
community and connected the young city to the rest of the United States. Island people moved
hcre for work.
In 1910, John Collins discovered fresh water on Miami Beach, and within a decade, the
population soared, and businessmen bought up the land. The city quickly became a popular spot
for tourists, but it crumbled under the hurricane of 1926. During the decades of war, parts of
Miarni-Dade County became training grounds for military. Rcsidents then slowly built back up
the tourism industry.
The early 1960's marked the beginning of the arival of large numbers of Cuban Refugees into
Miami-Dade County and South Florida. In the years following, significant nurnbers of
immigrants have come from Haiti, Cuba and other Latin American countries.
Government
Miami-Dade County has a strong mayor form of goverflment, with nine elected individuals (one
mayor and eight commissioners) making up the Miami-Dade County Board of Commissioners.
The rnayor appoints a professional administrator to manage the daily activities of the county
government and a county attorney to handle its legal matters.
Some governmental activities, services and functions previously handled by individual
municipalities are now handled by the county. Among these are real property assessment and
valuation, health and welfare, most water and sewers, traffic engineering, public libraries, public
transportation, public housing, urban renewal, seaport, airport, regional parks and air and water
pollution control. in addition to these, Miami-Dade County provides services to the
unincorporated areas of thc county such as: police and fire protection, building and zoning
regulation, trash and garbage collection and disposal, parks and recreation, consurner protection
and corrections and rehabilitation ofadults and youth offenders.
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Economic Base
The primary industries that support Miami-Dade County's economy through employrnent are
trade, transportation and utilities, followed by education/health services and government. The
most known is tourism, a major industry for Miami-Dade County. The following chart reflects
the county's dcmographics by trade, with tourism ranking the highest number of companies,
followed by retail and finance, insurance and real estate.
Miami-Dade County
Demographics by Trade
s0000
45000
40000
35000
30000
2s000
20000
15000
10000
5000
I No, of Companies
Source: The Beacon Council
A year-round growing season allows the agricultural industry to be the top vegetable supplier
and producer in the country. The industry employs more than 20,000 people and produces more
than $2.7 billion in economic benefits each year. As a result, agritourism has sprouted an
industry throughout thc agricultural area where visitors can sample and purchase locally grown
products.
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Transportation
Miami International Airporl MIA) and its linkages are considered to be the driving force for
growth behind its surrounding area. Airport traffic in 2013 included over 40 million passengers,
2 million tons of freight, and 2 million tons of cargo. Other airports within the county include
Kendall-Tamiami Airport and Opa-locka Executive Airport. The aviation industry directly and
indirectly contributes $26.7 billion and282,043jobs to the localeconomy.
PortMiami annual activity includes 4.3 million cruise passengers and 7.4 millions of tons of
cargo. The port contributes more than $27 billion annually to the South Florida economy and
helps provide direct and indirect employment for more than 207,0A0 individuals. [t is currently
undergoing construction for a two-way underwater tunnel between the port and downtown
Miami. Scheduled to be completed in 2015 is the Deep Dredge Project, set to deepen the
clrannel from its current 4?-foot depth to minus 50 feet in order to accommodate super cargo
ships now being constructed.
Within Miami-Dade County, major roads include the Polmetto Expressway (State Road No.
826), a rnajor north/south cxpressway; the Dolphin Expressway (State Road No. 836), a major
easVwest expressway; Interstate 95 and the Florida Ttnnpike. All of these represent Miami's
expresslvay network and make almost any destination in Miami-Dade County within 30 to 45
minutes driving time.
Transportation systems include a Busway in south Miami-Dade County linking to Metrorail, an
elevated rail rapid transit system connecting portions of Miami-Dade County. In July 2012, a
new Metrorail station in MIA links south Miarni-Dade County, downtown Miami and the entire
elevated rail line. The enables seamless connections to the Metrornover systems and to a web of
transpofiation arteries in neighboring counties leading to the rest of Florida.
The Miami Intermodal Center (MIC) links the airport, East/West Rail, Amrack, Tri-Rail,
Airport/Seaport Connector and Metrorail mainline rail, Located near the State Road No.
836/State Road 112 Connector, it presently contains the bulk of the rental car agencies. East of
the airport in the future it will contain retail, oommercial, residential and tourist-designed
development.
The Metromover automated people lnover system is located in downtown Miami and is an off-
shoot of the Metrorail system. There are also Metrobus buses, rnost of which are in service daily
throughout the county. The Metromover system includes the Brickell Avenue frnancial district
and also runs north to the Ornni area. Other transportation services in Miami-Dade County
include 'l'ri-Rail, railroads and taxicabs. Railroad service by Amtrak is accessible in northwest
Miami-Dade. Tri-Rail is South Florida's commuter train system which seryices Miami-Dade,
Broward and Palm Beach Counties.
Education
Based upon student population, the Miarni-Dadc County School system is the fourth largest
public school system in the nation with 415 institutions including elementary, middle, high, K-8,
chafter, alternative and magnet schools. Many private institutions exist as well.
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Several colleges and universities located in the county are University of Miami, Barry
University, Florida International University, Miami-Dade Community College, St. Thornai
University, Florida MemorialCollege and Johnson & Wales University.
Medical
Miami-Dade County has the largest concentration of medical facilities in Florida. The largest
institution is Jackson Memorial Medical Center, the second largest public hospital in the naiion
which shares many teaching, treatment and research capacities witli the University of Miami.
Private hospitals include Baptist Health System, Mercy, Miami Children's, and Mount Sinai.
Sports
Professional, college and even local neighborhood sports draw spectators, participants and
investors to a high degree and create a positive atmosphere. Professional football (Miami
Dolphins), basketball (Miami Heat), baseball (Miami Marlins) and ice hockey (Florida Panrhers)
are continual draws. As of January2014, business negotiations are currently underway to bring
Major League Soccer to Miami. There are two horse tracks and a dog track. Several of these
tracks have been approved for siot gambling or table gambling, depending upon location in a
municipality or Indian rescrvation. Also offered are golf, tennis, as well as the numerous water
sports, given the significant bodies of water.
Arts and Culture
I(nown for the wealth of ethnic diversity and heritage, N,fiami-Dade County has a cultural mix of
festivals, concerts, theater, and dance performances. Adrienne Arsht for the Performing A11s of
Miami-Dade County opened in 2006 and is home to the Concert Association of Florida, Florida
Grand Opera, Miami City Ballet, and the New World Symphony, The county is also home to
several museums and wildlife attractions.
Summary
During its history, Miami-Dade County and the Greater Miami area have experienccd significant
changes and growth. Trends indicate that the growth will continue with Miami-Dade County
rapidly becoming an international city with a diverse culture. The economic base and thb
bilingual population should continue to attract new residents and businesses into Greater Miami.
Sources including, but not limited to:
United States Census Bureau (Jan, 20i4). htto://quickfacts.census,sov/ofd/states/12ll2086.htntl
Miarni-Dade County Portal (Jan. 2014), vnvw.miamidade.sov.
The Beacon Council (Jan. 2014). www.beaconcouncil.com
Federal Rescrve Economic Data (Jan. 2014). http://research.stlouisfbd.ore/fi.ed2l
Miami Ilerald (various articles). http://www.miamiherald.corn/
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i
ADDENDUMB
LEGAL DBSCRIPTION
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g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Joy V. W. Molokoff, Commissioner
DATE: October 8,2014
SUBJECT: Discussion on the Beoutificotion of the Alton Rood Flyover Bridge ot the
Eostern End of l-395
Pleose ploce the obove on the October 22, 2014 City Commission ogendo.
JVWM
We ore commilt'ed to prcviding excellent public service ond so{ery to oll who live, work, ond ploy in our vibrant, tropicol, historic ccmmuniN
Agenda tten Rg lY
oate l0'22-l?715
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716
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Michael Grieco, Commissioner
DATE: October 10,2014
SUBJECT: Discussion regarding establishing a system for authorizing road or lane
closures in the City of Miami Beach.
Please place on the October 22nd agenda a discussion item regarding who has
decision making power for road or lane closures in our city and establishing a system.
lf you have any questions please do not hesitate to contact Danila Bonini at extension
6457.
MG/db
We ore committed to providing excellent public service ond sofelT to oll who live, work, ond ploy in our vibront, t O"n i;;;e;Jt", R q /V
Date t0-22-14717
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718
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Michael Grieco, Commissioner
DATE: October 10,2014
SUBJECT: Discussion regarding requiring that proposed ordinances or
ordinance amendments be sponsored by at least one member of the
Commission
Please place on the October 22nd agenda discussion regarding requiring that all
proposed ordinances or ordinance amendments be sponsored by at least one
member of the Commission.
lf you have any questions please do not hesitate to contact Danila Bonini at
extension 6457.
MG/db
We ore commilted fo providing excellent public service ond sofety to oll who live, work, ond ploy in our vibront, troprcol k<tmie eJii#
R ? O
Date lO'2?-/q719
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720
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Michael Grieco, Commissioner
DATE: October 10,2014
SUBJECT: Discussion and Referral to the Neighborhood/Community Affairs
Committee - discussion regarding Purdy Boat Ramp
Please place on the October 22"d Cily Commission Meeting Agenda a discussion
item and referral to the Neighborhood/Community Affairs Committee regarding the
Purdy boat ramp, establishing rules, regulations, and dock master position.
Attached, please find pictures of businesses that use the ramp for commercial use,
and the minutes to the Marine Authority Board Meeting that was held on Tuesday,
March 12,2013 for background regarding boat ramp in item #5.
lf you have any questions please do not hesitate to contact Danila Bonini at
extension 6457.
MG/db
We ore commiffed to providtng excellent publtc servtce ond sofef'7 to oll who live, work, ond ploy in our vibronl, tropicol, h;"'^';' rammttniht
Agenda ttem Re P
oate /o-22-/U721
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City of Miomi Beoch, 1200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMITTEE MEMORANDUM
TO: Members of the Marine Authority Board
FROM: Mercedes Carcasses, City Liaison
DATE: March 13,2013
SUBJECT: REPORT OF THE MARINE AUTHORITY BOARD MEETING HELD ON
TUESDAY, MARCH 12th, 2013.
A meeting of the Marine Authority Board was held on Tuesday, March 12th,2013 at 9:00
AM, in the Mayor's Conference Room, 4th Floor, of City Hall. Board Members in
attendance: Captain Dan Kipnis, Sasha Boulanger, Antonio Maldonado, Christopher
Todd, Stephen Bernstein & Maui Goodbeer. City Staff in attendance: Robert Santos-
Alborna, Director, Code Compliance Division, George Castell, Code Compliance
Administrator; Antita Baquero, Code Compliance Officer; Michael George, Marine Patrol;
Richard Lorber, Planning Department; Margarita Wells, Public Works Enviromental.
General attendance: Maxim Vlessing, Cynthia Aguilar, Robert Balzebre, Joel Aberbach,
Nick Cardoza.
THE MEETING OPENED AT 9:04 AM
OID BUS"VESS
1. APPROVAL OF THE REPORT FOR THE MARINE AUTHORITY BOARD MEETING
HELD ON TUESDAY, JANUARY 1sTH, 2013.
The minutes of the meeting of the Marine Authority Board held on Tuesday, January
1sth, 2013, were reviewed by the board and approved with no amendments or
corrections.
ACTION: Motion made by Stephen Bernstein, followed by a second motion by
Christopher Todd to approve the minutes. (Vote: 6-0)
ATEvvBUST TESS
1. DISCUSSION REGARDING KOMMONA PADDLE EVENT.
Keep Paddling lnc. Keep Paddling, lnc. is requesting approval for the Kommona
paddle event race being held on Saturday, Apri|20,2013. Keep Paddling, lnc. is
hosting the Kommona paddle event race. The Kommona paddle event is for the
Care Resource Charity which is partnered in combination with the AIDS walk.
They are currently working on getting a special event permit and are awaiting
approval from Marine Authority Board. The race a 3 to 5 mile race and will begin
at 8AM and end at 9:30AM. They will have rescue boats, rescue jet skis, off-duty
police officer and 2 Boucher Bros jet skis for safety. Racers will be required to
wear life jackets for safety. The board suggested for Keep Paddlin lnc to also let
the United States Coast Guard station know about the event for safety.
736
Report of the Marine Authority Board meeting of March 12,2013.
Page 2 of 3
ACTION: Motion made by Christopher Todd, followed by a second motion by
Maui Goodbeer to approve. (Vote: 6-0)
2. WATER TAX! MIAMI SEEKING APPROVAL TO ADD ANOTHER VESSEL.
The representative Maxim Vlessing for Water Taxi Miami is seeking approval to
add a 3' boat to their fleet. The first boat is 30 feet, and the second boat is 45
feet, the third boat is a smaller express boat that holds 6 passengers or less.
Water Taxi Miami picks up customers from Miami Beach Marina, and would like to
expand to other locations in the future such as, Key Biscayne, lndian Creek and
Lincoln Road. Mr. Vlessing is also requesting to launch at the lndian Creek water
way in front of the Eden Roc Hotel marina to cater to the hotels nearby. Mr.
Vlessing explains that the small express boat has a faster speed and can
transport people faster from one location to the next location.
ACTION: Motion made by Stephen Bernstein, followed by a second motion by
Sasha Boulanger to approve. (Vote: 6-0)
3. DISCUSSION OF CREATING OF A DOCK AT THE WEST END OF LINCOLN
RD.
The board discusses proposing the creation of a dock at the west end of Lincoln
Rd. The board states that the creation of the dock will be used to launch for a 10
minute limit to drop off and pick up people from the dock at the west end of
Lincoln Rd. People and tourist will have easy access by the water ways to
connect to Lincoln Rd and people will avoid traffic and may walk Lincoln Rd mall.
The board discusses the process to request the creation of a dock at the west end
of Lincoln Rd is to first go through Administration, then through Miami-Dade
County appropriate departments and also get state approvals.
ACTION: Motion made by Stephen Bernstein, followed by a second motion by
Antonio Maldonado to approve to move foruvard and send to Administration.
(Vote:6-0)
4. DISCUSSION REGARDING REQUEST FOR RE.OPENING CHANNEL AT THE
SURFCOMBER HOTEL.
Discussion regarding a request for re-opening channel behind property of Hotel
Surfcomber. Hotel owner Robert Balzebre states he has many requests from hotel
guests to re-open channel for beach side activities/water sports. Robert Santos-
Alborna states that Mr. Balzebre spoke to Anna Parekh, who advised Mr.
Balzabre to come before the Marine Authority Board to present his request. Board
members discussed that the channelwas open before for Jet Ski usage. Board
member Captain Kipnis states that Miami Beach has several ordinances that
states surfing or being on a board is prohibited. Enforcement for surfing in City of
Miami Beach is done by the Police Department. The board discusses that the city
is discussing the surfing ordinance issue at the moment. Hotel owner Robert
Balzebre states the Channel was open before they closed the hotel for major
renovations, when the hotel re-opened they had to go through a process to re-
open the water channel and the permit was not re-opened.
ACTION: Motion made by Christopher Todd, followed by a second motion by
Maui Goodbeer for approval to move fonrard. (Vote: 6-0)
737
Report of the Marine Authority Board meeting of March 12,2013.
Page 3 of 3
5. DISCUSSION REGARDING PURDY BOAT RAMP.
The board discusses about the prior numerous complaints received regarding the
Purdy Boat ramp. Robert Santos-Alborna, discusses that Code Compliance
responds to complaints and issues notice of violations. Richard Lorber, Director,
Planning Department, discusses the extent of the city ordinance of conducting
business on public property. Mr. Lorber, discusses the company across the street
from the Purdy Board Ramp named South Beach Kayak. Mr. Lorber discussed
the difference of what is customary or normal to a company and conducting
business on public property. Mr. Lorber, states that if the money transaction is
done in the business and not on the Purdy Boat ramp, he considers that as
normal and not conducting business. Mr. Lorber states that taking possession of a
boat on the boat ramp is okay to do. The board discussed the idea of having
someone monitoring the ramp to avoid any illegal vendors or to avoid any safety
issues. The board and Richard Lorber discussed the interpretations of the city
ordinance regarding use of public property. The board and Mr. Lorber stated that
being a legal business is okay versus having an illegal business.
Mr. Lorber discussed dock approvals. He stated that the Planning board should
not be reviewing dock approvals. Richard Lorber & Marine Board members
discussed the review process of boat docks are not to be reviewed by any Miami
Beach boards.
6. DISCUSSION REGARDING A LOCATION FOR A YACHT COMPANY.
Nick Cardoza would like to know what options are available to bring his yacht
company to Miami Beach. Mr. Cardoza started importing boats from Holland and
is trying to open a dealership in Miami Beach. Mr. Cardoza would have 10 boats
sitting in the water. The board recommended two locations, Sea lsle Marina &
Marbella Marina across the Mandarin Oriental. Mr. Cardoza, states there is not
much visibility to sell his boats from those locations. He was seeking a location in
the Bentley Bay and Lincoln Rd. The board states it is not a safe location and the
wakes are very high. The board also states that the sea grass is a concern as
well. The board states that Parks Department would have to give permission for a
location at the Bentley Bay, but the Marine Board's best suggestion is to locate his
business at the Sea lsle Marina. The board suggests for Mr. Cardoza to figure out
his business plans and once he has everything set he can come before the board
to seek approval.
THE MEETTNG ADJOURNED AT 10: 51 AM
NOTE: The next meeting of the Maine Authoity Board is scheduled for Tuesday, Apil gth,
2013 in the City Managefs Smatl Conference Room, 4h Floor, of City Hatl.
738
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dote: October 14,2O14
Re: Commission Agendq ltem
Pleose ploce on the October 22,2014 Commission Agendo the following item:
Discussion regording rhe Ietter from CWA President McKinnon (see
ottoched Ietter) requesting thot lhe outsourcing of property
mqinlenonce be holred qnd referred to the November Finqnce
Committee meeling for discussion.
Pleose feel free to contoct my Aide, Brett Cummins ot x6437, if you hove ony
questions.
JW
We are committed to providing excellent public service ond sofefy to all who live, work, ond ploy tn our vtbront, troniccl, hi:15;ffilt;,
R f O.
Date lo-?2-l\739
COMMUNICATIONS WORKERS OF AMERICA
LOCAL 3178 - MIAMI BEACH
AFr-CtO - CLC
7455 Collins Ave., Suite 212
MiomiBeoch. FL.33l4l
(305) 401-0927
cwo3'l 78. Presidenl@omoil.com
EXECUIIVE OTTICERS
RICHARD D. MCKINNON
PresiiCenl
JOSEPH FISHER
Vce-PresiCent
JONA]HAN SINKES
Secreiory
VICTORIASTEVENS
Trecurer
October 8,2074
Mayor Philip Levine & City Commissioners
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FI33139
On July 30,2014, the City Administration decided to amend the20l3-2014 budget and outsource
25 positions in the Property Management Division of the Public Works Departrnent. Normally,
such drastic personnel action would have been part of a new budget process that usually starts in
April and finishes with 2 budget hearings in September with plenty of opportunities for review by
all parties. This action was done under a 4ft budget amendment for the fiscal year 2013-2014, with
no scrutiny while I was on vacation. As the justification for this action, we were told that Eric
Catpenter, the Director of Public Works had decided to go into "another direction".
The City Administration told the Commission, the union and the affected employees that nobody
was going to lose a job or take a pay-cut.
Nonetheless, when I came back, we started asking questions, made some public document
requests to try to figure out the justification for outsourcing the vast majority of the employees
hired to maintain ourpublic buildings and facilities.
On September29,2}l4, the Union, Jonathan Sinkes, Larry Jessup, Noah Warman, myself and the
City Administration, Kathie Brooks, Mark Taxis, Eric Carpenter, Tony Kaniewski, David Miller
and Jose Del Risco met for what was supposed to be an Impact Bargaining Session. When the
parties realized that the meeting had not been properly noticed by the City, as per the State of
Florida Govemment in the Sunshine, we decided to use the time as an information gathering
meeting.
We asked Eric Carpenter, the Director of Public Works, about his experience managing a
Property Management Division. He assured us that he had a Property Management Division in
Doral while he was the Public Works Director. When we pressed to find out how many
employees worked in that capacity he finally relented and answered that he had three employees
(3) in that Property Management Division.
At one point, we asked them who was responsible for giving out performance evaluations to
employees. At first, Mr. Carpenter told us that it was the employees' responsibility to make sure
they got their annual evaluation. When we pressed, he admitted that it was the management's job
of issuing performance evaluations. The union pointed out that if problems with the performance
of the delivery of service by employees existed that it should have been addressed in their
performance evaluations. We also pointed out that the Administration had failed to do its job by
failing to give out performance evaluations to 90% of the affected employees in a timely manner
with many of them late by ten month. It was only after we asked Labor Relations how they would
handle the 3o/o merit increases that these employees were entitled to receive with their 2013-2014
evaluations that we discovered the degree of failure of this management team.
OTHER
BOARD MEMBERS
JASON CASAVOVA
Chief Sleword
sEcnoN - r
EMIL CRUZE
Chief Steword
sECnoN - 2
OSVALDO GARCIA JR
Chief Stewcd
sEcnoN - 3
MANUEL \1LAR
Chief Steward
sECnoN - 4
Chiel Sleword
sEcnoN - 5
JASON BRUDER
ChieF Siewqd
sECnoN - 6
EDWARDO DIAZ
Chief Sleword
sECnoN - 7
740
o Page 2 October8,2014
We were repeatedly told at the September 29,2014 meeting that employees' performance was
never an issue which is a direct contradiction to information relayed to me by members of the
City Commission's office, when the Administration privately met to justify its decision to
outsource.
I have attached a summary of the 912912014 informational gathering meeting written
by Noah Warman, our Attorney.
As members of a City Commission that ran on a transparency platform, you need to
ask yourselfa few questions:
Why did we amend our 2013-2014 budget on July 30, 2014 instead of waiting for
September during the 2014-2015 budget process?
If there were failures in the delivery of service, don't we want to know who's
ultimately responsible?
What if, it wasn't the employees' fault, as our Administration claimed in private?
What if, this division had managed its mission in the same manner, as it had managed
issuing simple performance evaluation? And, in the event mismanagement had
occurred, do we want to charge the same individuals with the responsibility of
managing private contractors who will be working for profit?
Are there other unintended consequences that we have not considered, including who
will be in charge of maintaining Lincoln Road?
Since there has been no implementation as of today, I would like to request that this
personnel action be halted and furthermore I would like to request that it be referred
to the next Finance Committee for discussion, evaluation and review where all parties
will have an opportunity to present their cases in the Sunshine.
Sincerely
Richard D. McKinnon
President of CWA T-ncal3178
cc. Jimmy Morales, Miami Beach City Manager
741
SUMMARY OF THE MEETING SEPTEMBER29,2OI4
BETWEEN THE CITY AND CWA LOCAL 3178
REGARDING THE ELIMINATION OF 25 POSITIONS
IN THE PROPERTY MANAGEMENT DTVISION
(Written by Noah Warman, Attorney for CWA Local 3178)
Gentlemen-
Here is my recap of the September 29,2014
Beach' s administration.
information exchange with the City of Miami
Note that there was no bargaining today. For whatever reason the City failed to place public
notice as required by Florida's Government in the Sunshine law. Absent proper notice, any
bargaining sessions are null and void.
We spent the day gathering information about the rationale underlying the City's decision to
supplant the skilled tradesmen. The City had nothing of substance to present. I note that Larry
Jessup had previously requested documentation such as memos and studies that were performed
prior to making the recommendation to move the tradesmen into other jobs with the City and
had received nothing other than information pertaining to employees' job performance and
evaluations.
When we asked about the survey, Kathy stated that while "a" reason, the survey was not the
motivating factor behind the change. Eric Carpenter spoke and said that when he arrived last year
propefty management was not keeping up with its workload. He claimed that the proposed
change to the duties of the tradesmen resulted from a desire to improve the "delivery method" of
services. When pressed on the issues, he conceded there were problems with procurement -
which he restated as the "delivery method for parts and materials" - and supervision, namely
with holding employees accountable for specific tasks.
Richard McKinnon and Larry Jessup both noted that not one of the issues cited concemed
matters solely within the hands of the workers themselves and indeed they seemed to reflect
instead poor practices on the part of supervision and management - e.g., not holding employees
to their allotted tasks and times and ensuring that employees got the materials they need in a
timely manner.
Eric again stated that "delivery method" and a desire for "flexibility" led to the change. I believe
I asked the City team at least four or five times to identify a single term of the CBA or a single
provision of the existing job descriptions that stopped the City from changing the delivery system
or being more flexible. No one could cite a single provision. Indeed, we agreed that
subcontracting is allowed both as a matter of statutory management rights and the contract.
Here is the summary of the information provided us in response to our questions.
742
The costs of our members - e.g. payroll - are not a reason for the planned change in
operations, per Kathy. Indeed, the City has proposed to keep all of the unit members at
their current rate of pay.
The quality of work is not at issue - the employees in the unit are performing
satisfactorily.
There will be no reduction in personnel. All bargaining unit employees will remain in the
City's employ.
There will be no foreseeable reduction in the work now performed by our bargaining unit
members per Eric. The long tetm goal is to perform less reactive work and more
preventative maintenance, but that can be said of any property management department,
frankly.
The survey is not a motivating reason for the planned change. It did spark the discussions
that led to the City's plan, per Kathy, and thus this all started in April or later, well after
the budget process was underway.
Savings on overall property management costs are not a motivating factor.
Nothing in the current CBA or job descriptions need be changed for the City to operate
with more "fl exibility."
There are no studies or analyses at all addressing the plan, the need for the plan, or
alternatives. All of this was done by word of mouth - no e-mails or other writings address
the issue.
The City team did not identify any specific complaints from any department that would
necessitate the change. When pressed on this point, Kathy surmised there could be e-
mails but that it would take time and effort to locate them - itself telling, in that had this
been a reasoned decision, one would presume that these complaints would be assembled,
reviewed, and considered as part of any reasoned plan to remedy the problem.
There are issues with supervision - e.g. timeliness of evaluations. That is beyond our
control.
There are issues with procurement - again, beyond our members' control.
Under the City's plan contractors will provide their own materials and manpower.
Under the City's plan it is possible that a City employee will not even oversee the work.
When I asked whether a City employee would ultimately do so, I heard Eric to say either
a City employee or athirdparty consultant retained by the City.
It may even be possible for a department to pick and hire a contractor without notice to or
approval of Property Management.
Thus I am stumped. I have never seen a case where the employer presses for subcontracting
under the circumstances articulated by the City. There are no cost savings at all. There are no
performance issues at all. There are no articulated benchmarks for that matter, no objective
criteria - just some claim for "flexibility" from individuals who cannot articulate why that
desired flexibility cannot be achieved while abiding with the current CBA and leaving the
affected employees in their current positions.
In other words, this appears to be a pitch to subcontract for subcontracting's sake. Given the vast
potential for abuses by those awarding contracts, enforcing the contracts, and, for that matter,
performing them, the City's proposal to supplant our members is nothing short of astonishing.
o
a
a
a
a
743
THIS PAGE INTENTIONALLY LEFT BLANK
744
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: October 71h,2014
SUBJECT: Agenda item for October 22nd,2014 Cily Commission Meeting
Please place on the October 22nd CiW Commission Meeting a discussion regarding the
former Administration's failure to collect Parking Impact Fees. Update on how this occurred
and new policies and procedures for future revenue collection.
ln lieu of an agenda item, a comprehensive report may suffice.
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
We ore committed lo providing excellent public service ond sofefy lo oll who live, work, ond ploy in our vibronl, lropicol, historic connunily.
Agenda ltem
Date
t,
8?R
to'LZ-t\745
THIS PAGE INTENTIONALLY LEFT BLANK
746
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSICN
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: October 15th ,2014
SUBJECT: Agenda item for October 22nd, 2014 City Commission Meeting
Please place on the October 22nd City Commission Meeting a discussion regarding
the Committee for Quality Education motion made September 23'd,2014 regarding
nurse-staffed health suites in Miami Beach Public Schools.
What can the City of Miami Beach do to retain the school nurses?
Attached please find the motion made by the Committee for Quality Education.
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
lls
We ore commilted lo providing excellenl public sewice ond sofely'lo oll who live, wcrk, ond plcy in aur vibront, tropicol, hisloric comnun1y
Agenda[:t+#il
747
lb MIAMI BEACH
OFFICE OF THE CITY MANAGER
No. LTC # ,e7-eo/r TETTER TO COMMISSION
TO: Moyor Philip Levine ond Members ofithe Cify
FROM; Jimmy L. Moroles, Ciry Monoger
DATE: Seplember 24, 2014
SUBiECI: Committee for Quolity Educotion Mdtion
The Committee for Quolity Educotion would like you to be qwore of the following motion regording
the nurse-stoffed heolth suites in Mismi Beoch public schools ond The Children's Trusi proposed
comprehensive school-bqsed heolth centers, opproved ot the September 23, 2014, commitee
meeting.
CoJmissionk
C: Executive Stqff
Dr. Lesl i e Rosenfeld, Orgon izotion Developmenl Performonce ln itiotives
KGB/Lw{
cT t\,
: .t '!rt; w, ',it
lu-\i'r' !\, . t4 o\ r:'l
0F.i u_+r,
-1 ..IJ
F;G)
1z
748
City of Miomi Beoch
Commitiee for Quolity Educotion
Meeting of September 23,2014
Members Present: Koren Rivo, lvette Birbo, Shelley Nicely Groff, Tomor Oppenheimer, Judi Berson-
Levinson, Betsy Moteu, Jessico Burns, Beverly Heller, Michelle Thomos, John Alemon, Eliso Leone, Beth
Edwords ond Roso Neely
. Members Absenh Koren Boioroff ond Tiffony Heckler
1 Motion mode by Beverly Heller
: Motion seconded by Koren Rivo
I' Motion fextt
' lhe Committee for Quolity Educotion requesls lhe Moyor ond Commission sustoin heolth clinic suites in
' oll Miomi Beqch feede, prbli" schools with o regist"r"d nrrru ond encouroge The Children's Trustond
Miomi-Dode County Public Schools io ploce o Comprehensive School-Bosed Heolth Center on Miqrni
Beoch.
fhe Committee for Quolit'y Educotion urges fhe Moyor ond Commission to supporl the obove request,
Motion Possoge: Votes I3-0
blY
749
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750
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: October 7th,2014
SUBJECT: Agenda item for October 22nd,2014 City Commission Meeting
Please place on the October 22nd City Commission Meeting a discussion regarding middle
Flamingo Drive street repair. Flamingo Drive residents saw city improvements North and
South, however, the middle section was not done.
Attached please find emails regarding this matter, we have also received telephone calls.
Residents have requested a time certain.
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
1l-,
We ore committed lo providing excellenl public service ond sofety lo oll who live, work, ond ploy in our vibront, topical, histcric communily.
Agenda ttem Rrl T
o^t" -hr?J4751
Kane, Dessiree
From:
Sent:
To:
Cc:
Subject:
Thank you,
Nelson Gonzalez [nelson@nelsongonzalez.com]
Thursday, October 02,2014 6:49 PM
Martinez, David - CIP; Deborah Samuel; 'Edward Tobin'
Tobin, Ed; 'Larry & Laura Colin'; 'Larry & Laura Colin'; 'Mariella C. Gonzalez'; 'Lance Burstyn';
'David Muhlrad';'Francois Lamoureux'; mmapt@aol.com; Taxis, Mark; Tomczyk, Mark
RE: 2500 btock of Flamingo Drive
Nelson Gonzalez
Sr. Vice President
Nelson Gonzalez, PA
EWM Realty lnternational
Office: 305.674.4040
Gell: 305-815-9840
419 Arthur Godfrey Rd.
MiamiBeach, F|33140
HomeServices of America Company
An Affiliate of Berkshire Hathaway
Facebook lTwitter I lnstaqram I Linkedln
# Iy{ktf}l,t$NrA,.rr
From: Martinez, David - Cl P [ma ilto:David wtartlner@ m iam ileachfl ,gov]
Sent: Thursday, October 2,201,4 6:46 PM
To: Nelson Gonzalez; Deborah Samuel;'Edward Tobin'
Cc: Tobin, Ed; 'Larry & Laura Colin'; 'Larry & Laura Colin'; 'Mariella C. Gonzalez'; 'Lance Burstyn'; 'David Muhlrad';
'Francois Lamoureux'; mmapt@aol.com; Taxis, Mark; Tomczyk, Mark
Subject: RE: 2500 block of Flamingo Drive
Your welcome, Nelson. We will be sure to keep you posted as we move forward.
Regards.
E,t" -*.
=ffi.=1ffi-'-; i-' ;- fi-;-.;'"Lji i.' ii' '\r' ;i3L -:.."... I i
DAVID MARTINEZ, P.E., [EED@ AP, onecron
Office o[ Copitol lmprovement Proiects
I 200 Convention Center Drive, Miomi Beoch, FL 33'l 39
Tel: 305.673.7071
Fox:786.394.4103
www.miomibeochfl.gov
We are commilled to providing excellenl public service ond sofety to oll who live, work ond ploy in our vibrant, tropicol, hisloric community.
C-/
sl-l
752
From: Nelson Gonzalez Imailto:nelson@nelsonsonzalez,com]
Sent: Thursday, OcLober 2,2A74 6:40 PM
Tor Deborah Samuel; 'Edward Tobin'
Cc: Martinez, David - CIP; Tobin, Ed; 'Larry & Laura Colin'; 'Larry & Laura Colin'; 'Mariella C. Gonzalez'; 'Lance Burstyn';
'David Muhlrad';'Francois Lamoureux'; mmapt@aol.com
Subject; RE: 2500 block of Flamingo Drive
All-
We met today with Mark Tomczyk and David Marlinez from City of MB, CIP. We feel the meeting was very
positive. They mentioned that once the northern section of Flamingo Drive is completed (very shortly), they
would look into cornpleting the necessary curbing and street gutters in the lower section of Flamingo Drive.
David and Tom-
It was nice to meet you both and thank you for taking the tirne to meet with Lance, Lar-ry andmyself this
morning. Please keep us all posted as to the progress for the continued improvements of our steet. We feel
you have done a great job so far and look forward to cornpleting our section of the street. Thanks again.
Nelson Gonzalez
Sr. Vice President
Nelson Gonzalez, PA
EWM Realty lnternational
Office: 305.674.4040
Gell: 305-815-9840
419 Arthur Godfrey Rd.
MiamiBeach, F|33140
HomeServices of America Company
An Affiliate of Berkshire Hathaway
Facebook lTwitler I lnstaqram I Linkedln
@'$'hf?L$ftNzALEz
fro-, oenoratr samuel Imailto:OeOorafr@maitfg)-fg.atif gr.mandrillanp.c;m] on Behalf of Deborah Samuel
sent: Wednesday, October 1,207410:09 AM
To: 'Edward Tobin'; Nelson Gonzalez
Cc: DavidMartineztdmiamibeachfl.eov; 'Edward L. & Yvette Tobin'; 'Larry & Laura Colin'; 'Larry & Laura Colin'; 'Mariella C.
Gonzalez'; 'Lance Burstyn'; 'David Muhlrad'; 'Francois Lamoureux'
Subject: RE: 2500 block of Flamingo Drive
Edward
Thanks for the reply. We have brought the Pan coast issue up numerous times with both the city mangers office and the
cip office they assured us in the last meeting it will be addressed and its juts a matter of finding the funding.
We are waiting for a confirmation of a meeting date with the city to discuss the below and the Pan coast issue is on the
list as well. Any assistance you can provide with Pancoast would be greatly appreciated. We are one association and
Flamingo drive runs form street for 25th to 4L't. The different sections assigned really do not make sense because the
natural break in the street is at 25th street before the apartment buildings, Flamingo Drive from 25th to 41't reads as one
street..... have a great day
Damaged Sewall on lndian creek- update on code violations
3h
753
pan coait iection- curbs need to be repaired/ replaced, black top does not look good, water issues and discussion of
aprons
Colin Residence- remove palm trees
Double yellow line- one of the residents Kathy Wolfforth brought to our attention that the county is putting a double
striped yellow line which is an issue because there parking on one side of the street, she notified Saul Frances copied on
this email, she also let me know in the past this was done and they needed to remove it after causing damage to a
freshly paved street. We want to ensure this want happen again
Portable bathroom- please see pick of portable bathroom please have it removed see attached picks
Pump station- many residents asked when the island will be landscaped as it's an eye soar see attached pick
Bridge landscaping and footbridge plan- residents are asking when the work near the 29th street footbridge will be
completed and when the grass will be installed. Please refer to the footbridge report we have sent previously
Street sweeping- was stopped due to the construction,can you request it start again
Street stain- can you provide the details of the stain used for the sidewalks spa we can test a spot on our street for your
inspection as we previously discussed
Swale landscape project- can we set up a call or rneeting to discuss the swate project and when it will commence, as we
are awaiting this important info it have our meeting( make sure pan coast is included)
Deborah Samuel
de borah @flami ngogrp.com
s6L.4L4.6270
2925 Flamingo Dr.
rrorn, ia*rro rooin t*rirto'"ooejtoiin.lort
Sent: Wednesday, Octobe r 01,,20L4 8:04 AM
To: Nelson Gonzalez
ffi#f:p*]is1s{ Ei-llxe,
rLA]VI INGL)
acTl{til s8C'Llp
L(1
754
Cc: DavidMartinez@miamiLeachfl.sov; Edward L. & Yvette Tobin; Michael& DeborahSamuel; Larry& Laura Colin; Larry
& Laura Colin; Mariella C. Gonzalez; Lance Burstyn; David Muhlrad; Francois Lamoureux
Subject: Re: 2500 block of Flamingo Drive
Good Moming Nelson,
I will ask David M. For sorne ofhis time this week to discuss.
The City is running smoooooothly these days.
I'm sure we can he1p.
Best,
Ed
Edward L. Tobin Esq.
On Sep 30,2074, at9:59 PM, Nelson Gonzalez <nelson@nelsoneonzd wrote:
David-
I am forwarding you this email to follow up on the May and June emails you received from
Deborah Samuel in ref to the south side of Flamingo Drive in the 2500, 2600 block of Flamingo
Drive on behalf of the Flamingo Action Group. Irealize that the north side of Flamingo Drive is
a different section (Lake Pancoast) but, for some reason, the City of Miami Beach is keating the
south side of Flamingo Drive like the ugly stepchild. The north just received all new curbs
including driveway aprons and looks beautiful including their underground power lines. The
south side not only does not have driveway aprons, they also left the curbs completely neglected,
broken, missing sections and the streets in some of the newly paved areas have huge puddles
when it rains especially in front of rny driveway at25L5 Flamingo Drive. We aiso have
overhead power lines that have leaning powff poles that in a strong wind will likely fall over and
are very old. I have included several south side residents and Commissioner Ed Tobin and
Commissioner Jonah Wolfson. Please follow up and let me know where the City of MB stands
on completing this projecttbat should have been cornpleted some time ago. Thank you.
Nelson Gonzale,z
Sr. Vice President
EWM Realtors, [nc.
O:305.674.4040
C: 305.815.9840
www.NelsonGonzalez. com
Nelson@NelsonGonzalez. com
Sent from my iPad
Begin forwarded message:
Fro rn : D eborah S amuel <deb orah@.fl amineo grp. com>
Date: September 30,2014,9:10:26 PM EDT
To: Gonzales <nelson@nelsongonzale >
Subject: FW:2500 block
Nelson
Please see chain below .... also please note I have sent several emails asking for
updates. The best person to contact is David Martinez. The problem seems to be we are
two different areas. I promise to stay on top of the issue as well as the landscape swale
plan for the both areas.... Let you know when the meeting is ,lt
755
From: Deborah Samuel [mailto:debora h @flamingogrp.com]
Sent: Wednesday, June 18,201"4 9:38 AM
To: 'Martinez, David - CIP'
Subject: RE:2500 block
Good morning
Any update in the curbs that were left broken on the 2500 block the residents are asking
thanl<s....
Frorn: M a rtinez, David - Cl P [ma i lto : David Ma rtinez@mia m i beachfl.gov'l
Sent Thursday, May 08,2OL4 9:31AM
To: Debora h Sam ue I (deborah @fla m insoerp.com)
Subiect: FW:2500 block
Good morning Deborah,
This area of Flamingo Drive is part of the Lake Pancoast Project and not Central
Bayshore. The design and improvements of this section of Flamingo just called for a
complete mill and overlay without any curb replacement unfortunately. Currently the
east side of the road does not have curbing. The west side curbing varies from fair with
full reveal to severgly broken with sections missing.
ln rny opinion this curbing should have been replaced. I will discuss with staff to
determine the best way to address this issue and keep you informed.
MIAMIffiE&C:T;
DAVID MAR.TINEZ , P.8., LEED@AP, DIRECTIR
Office of Copitol lmprovement Proiects
I 700 Convention Center Drive, Miomi Beqch, FL 331 39
Tel: 305.623]071
Fox 786,394.4103
www. rniom i beochf l. gov
We ore commilted to providing excellent public servie ond sofely to oll who live, work ond ploy in our vibronl, tropical,
historic communily.
Original message
From: Deborah Samuel
Date:05/0412014 12 :0 I PM (GMT-05:00)
To: "Martinez, David - CIP"
Subject: 2500 block
Hi
Please see pick of the 2500 block rvhere they put the new layer of black top.
Please notice the curbs and drive way aprons they were not redone or repaired.
What is the status of these curbs and driveway aprons. I know you said we were
getting new curbs and aprons.... also note when it rains the driveway aprons
flood. I will take pictures of the water when it rains than ks olt
756
H-
Deborah Samuel
deborah C@ fl amingo elp. co m
s61.414.6270
29Z5Flamingo Dr.
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Rl 0
CITY ATTORNEY REPORTS
759
MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FRoM: Raul Aguila, City Attorr"y?^,1.- Cf , \-
DATE: October 22,2014
SUBJECT: Gity Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE
LAST REPORT
RAUL CAIOLA V. CITY OF MIAMI BEACH. Case 2014-11864-CA-01(Circuit
Court - Eleventh Judicial Circuit in and for Miami-Dade County, Florida)
The City was served with this complaint on August 25, 2014 alleging that on
September 28,2012, the plaintiff, Raul Caiola, fell on the sidewalk of Collins
Avenue between 71 and 72nd Street as a result of a raised edge of a concrete
slab forming part of the sidewalk. Collins Avenue is an FDOT right of way, but
the location of plaintiff's fall is part of the north beach street scape
improvement project that the City took over maintenance responsibility from
FDOT. we visited the location with right of way manager, Demar woodson,
and noticed that the slab in question and the planter next to the slab have
been fixed. Demar surmises that the repairs were done by the condominium
complex adjacent to the sidewalk. Demar said he will get the right of way
permit for the repair so we can determine who made the repairs and possibly
tender to them for representation and indemnification. ln the interim, we shall
file our answer to the complaint and propound discovery.
ERIC D. MILON V. CITY OF MIAMI BEACH. Case No. 14-21500-CA15
(Circuit Court - Eleventh Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action for declaratory relief in connection with a lien filed against
homestead property. The Summons and Complaint were served on the City on
August 26,2014.
This matter was resolved prior to a response being filed.
1.
2.
Agenda ttem R l0A
Date t0-ZZ-/U760
City Attorney's Reporf
October 22, 2014
Page 2
3. FLORIDA GAS TRANSMISSION COMPANY. LLC. V. CIry OF MIAMI
BEACH. AND BERGERON LAND DEVELOPMENT. lNC. Case No. 14-CV-
23243- Williams/Simonton (United States District Court for the Southern
District of Florida)
This is an action for equitable relief and damages in connection with the State
Road 907/Alton Road and 1Oth Street Drainage lmprovements. Florida Gas
alleges that improvements encroach upon an alleged easement in the public
right of way. The Summons and Complaint were served on the City on
September 4,2014.
The City obtained an enlargement of time to file its response to the
Complaint. The City's response will be timely filed on or before October 25,
2014.
4. VICTOR HYDER V. CITY OF MIAMI BEACH. and STARBUCKS COFFEE
COMPANY. A/K/A STARBUCKS GORPORATION a WASHINGTON STATE
CORPORATION. DEFENDANT Case No. 14-17657 CA (Circuit Court
Eleventh Judicial Circuit in and for Miami-Dade County, Florida)
The City was served with this complaint on September 08, 2014 alleging that
on July 5,2011, the plaintiff, Victor Hyder, was attempting to traverse the
sidewalk located at the southeast corner of 1Oth Street and West Avenue in
Miami Beach, Florida fell as a result of a defect in the surface of that sidewalk.
The Plaintiff is also suing Star Bucks Coffee as a co-defendant as he alleges
that he was a customer coming out of Star Bucks at the location in question
and Star Bucks occupies and utilizes the location of his fall at the Star Bucks
as an outdoor area of the restaurant for its customers. We shall file our answer
to the complaint and propound discovery. We shall also request building
permits and right of way permits for the pavers at the location in question as it
has been established from a prior case that we handled that the owners of the
parking garage at the location constructed and are responsible for the
maintenance of the sidewalk where plaintiffs fall occurred.
5. U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR TERWIN
MORTGAGE TRUST 2005.16HE. ASSET.BACKED CERTIFICATES.
SERIES 2005-16HE VS. ISABEL M DE LA RIONDA Case No. 14-023288
CAO1 (Circuit Court - Eleventh Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action to foreclose a mortgage on real property located 1200 West
Avenue, Unit 615, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on September 18,2014.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on September 22,
2014.
761
City Attorney's Report
October 22, 2014
Page 3
6. GREEN TREE SERVICING. LLC V. MARCOS OSMANI RIVERO A/K/A
MARCOS O RIVERO A/K/A MARCOS RIVERO A/K/A MARCO RIVERO
AND TANIA RIVERO. HUSBAND AND WIFE: ET AL Case No. 14-C-022373
(Circuit Court - Eleventh Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action to foreclose a mortgage on real property located 5401 Collins
Avenue, Unit 726, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on September 18,2014.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on September 22,
2014.
7. GREEN TREE SERVICING. LLC. V. WILLY IZQUIERDO: PNC BANK. N.A...
SUCESSOR BY MERGER TO ATIONAL CITY BANK: OCEANSIDE PLMA
CONDOMINIUM ASSOCIATION. lNC.: A.G CONTRACTORS CORP.:
BANCO POPULAR NORTH AMERICA: DOUGLAS ORR PLUMBING. lNC.:
SOUTHERN CHUTE. INC: ZTl. LLC: CITY OF MIAMI BEACH. FLORIDA:
UNKNONN TENANT NO. 1: UNKNOWN TENANT NO. 2. AND ALL
UNKNOWNN PARTIES CLAIMING INTERESTS BY. THROUGH. UNDER
OR AGAINST A NAMED DEFENDANT TO THIS ACTION. OR HAVING OR
CLAIMING TO HAVE ANY RIGHT. TITLE OR INTEREST IN THE
PROPERTY HEREIN DESCRIBED. Case No. 13-38486-CA-05 (Circuit Court
- Eleventh Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 5555 Collins
Avenue, Unit 15P, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on September 23,2014.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on September 24,
2014
8. MURANO GRANDE AT PORTOFINO CONDOMINIUM ASSOCIATION. INC.
A FLORIDA NOT.FOR.PROFIT CORPORATION V. THE CITY OF MIAMI
BEACH. A MUNICIPAL CORPORATION. AND MIAMI BEACH
REDEVELOPMENT AGENCY. A FLORIDA PUBLIC AGENCY, Case No. 14-
23217 CA 30 (Circuit Court - Eleventh Judicial Circuit in and for Miami-Dade
County, Florida)
This is an action for breach of contract and eviction, recently served on the
City and the MBRA. Plaintiff alleges that Defendants, as tenants of 142
parking spaces located inside a parking structure owned by Plaintiff, failed to
pay $701 ,073.10 in "Additional Rent" for repairs of the parking structure, as
required by the lease agreement with Plaintiff. ln particular, Plaintiff alleges
762
City Attorney's Report
October 22, 2014
Page 4
that Defendants are responsible for 31.9% of the cost of these
repairs. Plaintiff further alleges that it is entitled to evict the City and MBRA
based on their breach of the lease agreement and failure to pay the amounts
due as Additional Rent.
9. FRANCESCO L. CAMPO V. CITY OF MIAMI BEACH Case No. 14-016001
CA 01 (Circuit Court - Eleventh Judicial Circuit in and for Miami-Dade County,
Florida)
The City was served with this complaint on October 7, 2014 alleging that on
June 25,2010, the plaintiff, Francesco L. Campo, was riding his bicycle on the
sidewalk through Flamingo Park in the City of Miami Beach when an unleased
dog ran in front of him forcing him to move off of the sidewalk and unto the
grass. Unbeknownst to him, there was a concealed, deep hole in the grass at
Flamingo Park that caused him to crash his bicycle forcefully into the ground
resulting in bodily injury. We shall file our answer to the complaint and
propound discovery to the plaintiff.
RA\CM\SR\EB\
F'\ATTO\AAOFF\AAO F F\Fl LE.#5\201 4\Status report CAO 1 024 1 4. docx
763
REPORTS
AND
INFORMATIONAL ITEMS
764
1. Reports and lnformational ltems
(see LTC 349-2014)
Agenda ltem /
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&
E f;}H/r,ili"{{::t)
# 3Y2- eoty
To: Mayor Philip Levine and Members
LETTER TO COMMISSION u-,
the City Co
:,.From: Jimmy L. Morales, City Manager
Date: October 22,2014
Subject: List of Projects Covered by the Cone f Silence Ordinance
ln an effort to disseminate information to elected officials and City staff relative to projects that are
covered by the requirements of the City's Cone of Silence Ordinance, following is a list of all
current solicitations (i.e., lnvitation for Bids ("Bids"), Request for Proposals (RFPs), and Request
for Qualifications (RFQs), that, to date, are covered by the ordinance. Please note that the Cone
of Silence is in effect from the date the solicitation is advertised, as indicated below, through date
of award by the City Commission.
2014-015-RFP-LR 7t24t2014 Psvcholooical Services for Emolovees
Human
Resource/Police
2014-050-RFQ-SR 51212014 Master Plan of the Lincoln Road District City Manager
2014-127-RFP-LR 3t6t2014 Medical Services for Pre and Post Emolovment
Human
Resources
2014-128-RFQ-ME 2t26t2014 Provision of Governmental Consultinq Services Citv Manaoer
2014-169-rTB-SW 7t10t2014 Multi-Soace Parkino Pav Station Receiot Paoer Parkino
2014-170-tTN-SW 5t22t2014
A Parking Garage Gated Parking Revenue
Control System for the Citv of Miami Beach Parkino
2014-187-RFP-SR 5119t2014
For Design-Build Services For The Central
Bavshore Proiect CIP
2014-195-tTB-LR 712412014
Grounds Maintenance Services - Parks and
Athletic Fields Parks
2014-228-ITB-JR 811312014 7th Street Parkinq Garaqe Renovation CIP
Agenda ltem X-'r-'.--oi."@
767
i' ,,, -, * l2
Please note that lTBs, RFPs, and RFQs are being issued on a daily basis. Therefore, it is
recommended that you or your staff view the list of projects under the Cone of Silence on a regular
basis. Should you have any questions or need additional information, please feel free to contact me.
C: Epcutive Staff and Management Team
,,-rrffir&
F :PURC\MLL\I lonthly Repds\FY 201 s\C@e LTC\Octobq 22
2014-230-ITB-YG 7t24t2014
Roadway I mprovements Various Project
Areas
Public Works
Enq.
2014-237-RFQ-JR 7t28t2014
Plans Review, lnspections And Permit
Clerk Services Buildinq
2014-277-tTN-SW 7t2412014 Car Sharinq Services Parkinq
2014-27$-RFP-ME 81512014
Owners Representative Services For The
Miami Beach Convention Center
Renovation And Expansion Citv Manaqer
2014-290-RFP-YG 712812014
Design, Manufacture And lnstall
Removable/Retractable Canopy At The
North Beach Band Shell Tourism
2014-294-RFP-ME 81512014
Design Builder Services For The Miami
Beach Convention Center Renovation
And Expansion Citv Manaoer
2014-302-RFP-SW 712412014
Claims Administration Services by a Third
Party Administrator for Workers'
Compensation and General Liabilitv
Human
Resource/Risk
2014-385-|TB-YG 9t24t2014 Lifeouard Stands Reolacement CIP
2014-316-RFQ-JR 7t31t2014
For General Building Contractor
Rehabilitation Services Housinq
2014-325-RFQ-JR 7131t2014
General Building Contractor
Rehabilitation Services Consultant Housinq
2014-336-ITN-JR 8t14t2014
Public Waterborne Transportation
Services Concession in the City of Miami
Beach (Water Taxi)Transportation
2014-343-ITB-LR 9110t2014 Furnish and lnstall Holidav Decorations
Property
Maintenance
2014-168-tTB-LR 9t30t2014
lnspection and Maintenance of Parking
Lots Liqhtino Public Works
2014-276-RFP-LR 9t25t2014 Auditorv Services lnternalAudits
2014-293-tTB-LR 1010712014 Lease of Golf Carts Parks & Recs
2014-391-|TB-WG 10t07t2014 Lease of Police Motorcvcles Police
768
MIAMIBEACH
City of Miomi Beoch, .l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of City
Jimmy L. Morales, City Manager
October 22,2014
SUBJECT: REPORT FROM COMMISSION
HEARD WTTHIN (6) SrX MONTHS
Pursuant to Resolution No. 2013-28147, items that are referred to Commission Committees to
be reviewed, but are not heard by that Committee within (6) six months of its referral date are
automatically withdrawn.
Attached is a list of item(s) that were automatically withdrawn for October 2014:
Neiq hborhood/Commu n itv Affai rs Committee
There are no items to be automatically withdrawn at this time.
Finance & Cituaride Proiects Committee
1. Discussion regarding the Washington Avenue pump station for funding allocation.
(Requested by Edward L. Tobin/December 11,2013 City Commission Meeting, ltem R9H)
Floodinq M itisation Committee
There are no items to be automatically withdrawn at this time.
Land Use & Development Gommittee
There are no items to be automatically withdrawn at this time.
JML/REG
T:\AGE NDA\201 4\October\Com m ittee ltems Removed after 6 months.docx
Agenda ttem 3
Date 1!-)2-//
TO:
FROM:
DATE:
MITTEES OF WITHDRAWN ITEMS NOT
M REFERRAL DATE.
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