C6C-Report- Neighborhood-Community Affairs Committee Meeting Of October 31 2014X rfr* "**x *
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TO:
FROM:
DATE:
OFFICE OF THE CIry MANAGER
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
November 19,2014
COMMISSION MEMORANDUM
the City pommission
SUB]ECT: REPORT OF
MEETING ON FRIDAY OCTOBER 31, 2014.
A meeting of the Neighborhood/Community Affairs Committee was held on Friday,
October 31, 2014 at 8:30am in the Commission Chamber, 3rd Floor of City Hall.
Commissioners in attendance: Commissioners Micky Steinberg, Deede Weithorn, Joy
Malakoff, Michael Grieco and Ed Tobin. Members from the Administration and the public
were also in attendance.
THE MEETING OPENED AT 8:42 A.M.
OtD BUS,,VESS
1. Discussion Regarding Removing The "Arthur Godfrey Road" Co-Name lor 41st Street.
Commission ltem C4G, July 23, 2014
(Req ue sted by Co m mi ssi on e r M a I a koff)
AFTER.ACTION
Jose Gonzalez, Transportation Director gave q presentation regarding the background of co-
naming 41't Street to Arthur Godfrey Road. 41sr Street is a state road, ind accord-ing to FDOT,
they could not find any record of having 41"1Street co-named with Arthur Godfrey Road. FDOT
instructed the City to write a resolution from the City Commission should the removal of Arthur
Godfrey Road pass.
Commissioner Weithorn stated that it is important to look at the perspective of this item. lt is
important to understanding that having 41't Street co-named causes great deal of confusing.
Commissioner Weithorn suggested that looking fonruard the City Commission should adopt a
policy against co-naming major streets due to its confusion.
MOTION: By Commissioner Weithorn to move the item with positive recommendation.
Seconded by Commissioner Malakoff.
MOTION: By Commissioner Weithorn to have administration draft an ordinance stating that major
arteries in the City should not be co-named after anyone. Major road such as Sth Street, 71't
Street,41't Street, Collins Avenue, Washington Avenue, Alton Road, and Ocean Drive.
Raul Aguila, City Attorney stated that the Commission can do an amendment to the current
naming ordinance.
Seconded by Commissioner Malakoff.
Commissioner Steinberg was not present for the vote.
Commissioner Malakoff would like Administration to look into co-naming 8th Street after Tony
Goldman.
Commissioner Tobin asked Administration to give an update on co-naming a street after Tony
Goldman.
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2.Discussion Regarding A Commercial Use Permit Fee For Gity-Owned Property And City
Parks Facilities.
Commission ltem C4B, June 11, 2014
(Requested by Parks and Recreation)
AFTER.ACTION
John Rebar, Parks and Recreation Director provided an update regarding this item. John Rebar
suggested having Parks and Recreation, along with Code Compliance approach these
individuals using City property and try to legitimize their use of the public space. Also this would
provide regulation without creating an additional permitting process. John Rebar recommends the
removal of this item from the pending list and allow Administration to look at it longer to see if
there is a better way fonrvard.
DIRECTION: By Commissioner Tobin to have Administration come back in six months to the
Committee with a status update.
Amendments To Chapter 70, Article ll, Division 2 Of The City Gode Entitled "Bicycling,
Skateboarding, Roller Skating, ln-Line Skating, And Motorized Means Of Transportation."
Commission ltem RSF. May 21, 2014
(Req u ested by Co m mi ssi o ne r W olfso n)
Jose Gonzalez, Transportation Director gave a brief history regarding this item.
Henry Stolar began his presentation on the amendments to this ordinance.
Raul Aguila, City Attorney reminded the Committee that this Ordinance originated with the issue
of Segways. By broadening the definition to include Segways and other forms of motorized
means of transportation, it goes with the idea that police can give moving violations under uniform
traffic citations. Due to limited City resources, the enforcement dichotomy in the Ordinance will
help alleviate that burden from police. However, to give Code Compliance Officers the ability to
give moving violations, a process would need to be followed in order to give them that authority.
Commissioner Malakoff stated that in order to enforce these rules, the signage and information
needs to be extremely clear.
Commissioner Weithorn stated that regulating these motorized "toys" still needs some research,
but the regulation of Segways should move fonruard. This Ordinance should pass in order for
Administration to start regulating the tours of Segways.
Raul Aguila, City Attorney stated that there is already dual enforcement because anything a Code
Compliance Officer can cite, so can a Police Officer. However, in regards to allowing a Code
Compliance Officer the same citation enforcement as a Police Officer a process needs to be
followed. A revised redlined ordinance was provided has a handout.
Commissioner Weithorn would like to amend the motion to include that tour operators wear shirts
that distinguish them as the tour operator.
Commissioner Malakoff would like to amend the motion to also include having an individual,
unique number on each Segway for identification purposes.
Deborah Turner stated that this requirement already exists within the Ordinance; howeverthere is
a significant amount of information currently required on the Segways.
Kathie Brooks, Assistant City Manager stated that in order to do that, other information required
on the Segways as set out by the ordinance must be removed.
Commissioner Weithorn stated that the address and phone number can be stricken out of the
Ordinance as a requirement in order to accommodate the large visible identification number and
the name of the tour operator.
MOTION: By Commissioner Weithorn to move with positive recommendation the Ordinance with
the latest amendments (requiring tour operators to wear clothing that distinguish them as tour
operators, striking the requirement to include the address and phone number in order to
accommodate the large visible identification number and the name of the tour operator).
Seconded by Commissioner Malakoff.
DIRECTION: By Commissioner Weithorn to begin research on the additional amendment that
would pertain to expanding the regulation of business conduct regarding all motorized mobility
devices.
3.
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4. Discussion Regarding The Possible Appointment Of A Dedicated Liaison To The 41't
Street Corridor.
Commission ltem C4H, October 16,2013
(Requested by Commissioner Tobin)
AFTER.ACTION
Eric Carpenter, Public Works Director gave a brief background regarding this item. He discussed
a manager within the Sanitation department would be the best liaison for 41't Street. Eric
Carpenter informed the Committee that Administration had decided to appoint Kaylee Alayon a
Sanitation Operations Supervisor as the dedicated liaison for 41"t Street. Eric Carpenter stated
that within six months the liaison program can be implemented.
Commissioner Tobin discussed the importance of having a liaison on 41't Street that would focus
on the appearance, which would include landscaping and signage in addition to sanitation.
DIRECTION: By Commissioner Weithorn to bring the item back to NCAC within six months for
review.
,VET/Y BUS'NESS
5. Discussion Regarding Art On The Beach.
Commission ltem C4L, June 11,2014
(Requested by Mayor Levine)
AFTER-ACTION
Max Sklar, Tourism Culture and Economic Development Director introduced Adam Glickfield,
who would be giving the presentation. Max also informed the Committee that Miami-Dade County
has a contract with ECOMB to provide sponsored art on garbage cans from government cut to
2't't Street; to date, none of them have been installed. lf tnis is iomething tnai tne City wants to
do, it has to follow the current process of going to the Art ln Public Places.
Adam Glickfield gave a presentation regarding art on the beach.
Commissioner Weithorn suggested a pilot program to implement the painted trashcans.
Luis Rodriguez, Executive Director of ECOMB briefly discussed what their current agreement and
status is with Miami-Dade County.
MOTION: By Commissioner Weithorn to bring this item back to NCAC once it has already been
heard at the Art ln Public Places Board, where they will provide specific parameters for this
project. ln addition, residents should be invited to that meeting in order to give input and
feedback.
Seconded by Commissioner Malakoff.
6. Discussion Regarding The Purdy Boat Ramp.
Commission ltem R9P, October 22, 2014
(Requested by Commissioner Grieco)
AFTER.ACTION
Eve Boutsis, Deputy City Attorney gave a presentation regarding the Purdy boat ramp. The
suggestion is to bring in a dock master, create a fee schedule, and regulate the use of the boat
ramp.
Hernan Cardeno, Code Compliance Director discussed Miami-Dade County's fee structure and
the current rates that are approved. ln addition, Hernan discussed the dock master position at the
Haulover marina. Hernan suggested that the dock master position takes some policy
consideration.
Kathie Brooks, Assistant City Manager, stated that the City Manager has been reviewing the
issue and is recommending that the dock master position will be within the Parks and Recreation
department.
Commissioner Grieco suggested the Committee should motion that Administration prepares an
ordinance amendment that would create a fee structure for commercial operations and divide the
boat ramp into a residential side and a commercial side. ln addition, bring back a future
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discussion on what type of authority the dock master will have. Commissioner Grieco suggested
that the dock master should fall under the Code Compliance department not the Parks and
Recreation department.
Joe Jimenez, Assistant City Manager, stated that the City Manager has decided to put the
program under Parks and Recreation; however, code enforcement and police will support the
enforcement aspect of the dock master. A fulltime employee at the dock will resolve a significant
amount of the current issues.
Hernan Cardeno stated that this has been something that the Marine Authority has already
reviewed and approved.
MOTION: By Commissioner Malakoff to have Administration create a dock master permanently
placed at the Purdy boat ramp, in addition to a fee structure for commercial use and
nonresidents.
DIRECTION: Commissioner Weithorn amended the motion to include the return of this item to
the Neighborhoods/Community Affairs Committee with an ordinance outlining who the authority
will be and what the fee structure will be.
Commissioner Weithorn amended the motion to also include a solution for non-motorized water
vehicles.
Seconded by Commissioner Steinberg.
7. Discussion Regarding Short Term Vacation Rentals and Gommercial Use of Residential
Properties.
Commission ltem R9/, Sepfember 10, 2014
(Requested by Mayor Levine)
AFTER.ACTION
Hernan Cardeno Code Compliance Director discussed the background of this item. Hernan
stated that he would like to see an increase in the fines.
Commissioner Malakoff suggested reducing the fining schedule from 18 months to 12 months.
Commissioner Tobin suggested doing a pilot implementation to assess which method works best.
Commissioner Malakoff suggested that a permitting system be setup in order to accommodate
those individuals that host charitable events in single family residences and limiting the number of
charity events allowed at a residence.
DIRECTION: By Commissioner Weithorn to bring back a recommendation that reducing the
fining time for repeat violators anyruhere between 6 months to 12 months. ln addition, bring the
Committee recommendations that would need their approval such as cutting the water or power.
Commissioner Tobin suggested that for repeat violators, the City should take the tenant to court.
Commissioner Weithorn suggested that for a second time violator within a six month period
should be fined $25,000.
Kathie Brooks, Assistant City Manager asked for clarification on the permitting recommendation
for charity events.
DIRECTION: By Commissioner Weithorn to look into a permitting process for charitable events at
a single family residence.
ADDENDUM MATERIAL ITEM #1 & #2
An Ordinance Amending Chapler 74 Of The Code Of The City Of Miami Beach,
Florida, Entitled "Peddlers And Solicitors," By Amending Article l, Entitled "ln
General," ByAmending SectionT4-1, Entitled "Soliciting Business !n Public From
Pedestrians," To Prohibit Commercial Solicitation ln Gertain Areas; Providing For
Repealer, Severability, Codification, And An Effective Date.
An Ordinance Amending Ghapter 46 Of The Gode Of The City Of Miami Beach,
Florida, Entitled "Environment," By Amending Article lll, Entitled "Litter," By
Amending Division 1, Entitled "Generally," ByAmending Section 46-92(a), Entitled
"Definitions," By Adding A Definition For The Term "Right-Of-Wiy," By Amending
Section 46-92(9), Entitled "Prohibition On Commercial Handbitt Distribution," By
Amending The Regulations And Prohibitions For The Distribution Of Commercial
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Handbills; Providing For Repealer, Severability, Codification, And An Effective Date.
Commission ltem RsE & RSF, Sepfember 30, 2014
(Requested by Mayor Levine)
The court report swore in all those giving testimony regarding the current item.
Rob Rosenwald, First Assistant City Attorney introduced into the legislative record
documents 1-52 which are online on the City's website.
Joe Jimenez, Assistant City Manager began with the presentation.
MOTION: By Commissioner Weithorn to move the amendments to Chapter 74 and
Chapter 46 of the City Code of the City of Miami Beach with positive recommendations.
Seconded by Commissioner Malakoff.
MOTION: By Commissioner Tobin to adjourn the meeting at 12:09 PM.
Seconded by Commissioner Malakoff.
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