20150610 AM2l9r5 .20t5
MIAMIBEACH
Gity Gommission Meeting
ADDENDUM MATERIAL 2
City Hall, Commission Chambers, 3rd FIoor, 1700 Convention Center Drive
June 10,2015
Mayor Philip Levine
Vice-Mayor Jonah Wolfson
Commissioner Michael Grieco
Commissioner Joy Malakoff
Comm issioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk priorto engaging in any lobbying activitywith the City
Gommission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
ADDENDUM AGENDA
C4 - Commission Committee Assiqnments
C4K Referral To The Neighborhood/Community Affairs Committee And The Finance And Citywide
Projects Committee A Request From The Parks And Recreation Facilities Committee For A
Competition Swimming Pool.
(Sponsored by Commissioner Joy Malakoff)
C4L Referral To The Land Use And Development Committee And Planning Board Related To
Development Near North Shore Open Space Park, The Rezoning Ot 226 87 Terrace, And
Revisions To The Parking Land Use Designation.
(Sponsored by Vice-Mayor Jonah Wolfson)
1
Addendum, June 10, 2015
C4 - Commission Committee Assignments (Continued)
C4M Referral To The Land Use And Development Committee - Legal Opinion Concerning Whether A
Vacancy On The Historic Preservation Board Renders The Board lmproperly Constituted And Without
Power To Act, And To Discuss An Amendment To Sec.2-22(21) To Require The Mayor And City
Commission To Fill Board Vacancies Within 90 Days.
(Sponsored by Vice-Mayor Jonah Wolfson)
R9 - New Business and Commission Requests
RgS Discussion Regarding The May 27, 2015 Land Use And Development Committee Motions To: 1)
Refer An ltem Regarding The Repair Of The Lakeview Drive Seawall To The Full City Commission
With A Favorable Recommendation; And 2) Direct The Administration To ldentify The Worst Seawalls
To Be Budgeted For Repair ln FY 2016 And To Update The Land Use And Development Committee
On The Worst Sea Walls At The July 29, 2015 Meeting.
(Sponsored by Commissioner Edward L. Tobin)
2
C4 - Gommission Gommittee Assiqnments
Referral To The Neighborhood/community Affairs committee And The Finance And
CitV*iO" projects C5mmittee A Request From The Parks And Recreation Facilities
Committee For A Competition Swimming Pool'
(Sponsored by Commissioner Joy Malakoff)
Agenda ltem CV K
oate l6'to-tf3
Cardillo, Lilia
From:
Sent:
To:
Cc:
Subject:
Attachments:
Granado, Rafael
Friday, June 05, 2015 3:48 PM
Cardillo, Lilia
Granado, Rafael
FW: parks and Recreational Facilities Advisory Board Motion for Competitive Swimming
Pool
ATTOOOOl.htm; LTC 238-2OLS Parks and Recreational Facilities Advisory Board
Motion.pdf; ATT00002.htm
Consent Agenda Addendum
x* **r--Pryry
rffiffi
l?)I.ittis
.I"!',EE. E"- *Fi
Rafael E. Granado, Esq., CitY Clerk
CITY CLERK'S OFFICE
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-74L1 www.miamibeachfl'gov
We ore committed to providing excellent public service and sofety to all who live, work ond ptoy in our vibrant, tropicol,
historic community.
From: Malakoff, Joy
Sent: Friday, June 05, 2015 3:24 PM
To: Morales, Jimmy
Cc: Granado, Rafael; Perez, Fatima; Taxis, Mark; Stewaft, Bonnie
Subject: parks and'Recreational Facilities Advisory Board Motion for Competitive Swimming Pool
As per this request from the parks and Recreation Facilities Committee, I would like to place this request for a
competition swimming pool on the Consent Agenda for referral to the Neighborhood/Community Affairs Committee and
to the Finance Committee. I believe that Miami Beach High School should have outstanding competitive swimming, golf
and tennis teams. we live surrounded by water with plentiful pools, but none can be used for competitive swimming
meets.
I would like the Committees to have the City's Parks and Recreation Division research the best location, the
cost, research on other competitive pools in South Florida, and other details; and the Finance Division research the
fina ncing options including corporate sponsorships'
Thank you.
Joy
Sent from my iPad
Commissioner Joy V.W. Malakoff
Begin forwarded message:
4
From: "Ca rdillo, Lilia" <LiliaCardillo@ miamibeachfl.gov>
Date: June 5, 2015 at3:02:24 PM EDT
To: "Bello, Alejandro" <AleiandroBello@miamibeachfl.gov>, "Bernstein, Lynn"
<LvnnBernstein@miamibeachfl.gov>, "Berthier, Melissa" < >,
"Bridges, Sonia" <SoniaBridges@miamibeachfl.gov>, "Gomez, Carla" <CarlaGomez@miamibeachfl.gov>,
"Casanova, Cynthia" <CynthiaCasanova@miamibeachfl.eov>, City Attorney's Office
<ATTO Dept@miamibeachfl.gov>, City Clerk's Office <CLER Dept@miamibe >, City Manager's
Office <CitvManager'sOffice@miamibeachfl.gov>, "Crespo-Tabak, Sylvia" <!y!v!a!Iq&
Tabak@miamibeachfl.gov), "D€ Pinedo, Naima" <NaimadePinedo@miamibeachfl.gov>, "DeFreze,
Ca roline" <CarolineDeFreze@ miamibeachfl.eov>, Depa rtment Directors
<DepartmentDirectors@miamibeachfl.gov>, Executive Staff <ExecutiveStaff@miamibeachfl.gov>,
" Feldma n, Steven" <StevenFeld man @mia mibeachfl.gov>, " Ferreiro, lnes"
<lnesFerreiro@miamibeachfl.gov>, "Frances, Francis" <FrancisFrances@miamibeachfl.gov>, Jonah
Wolfson <io na hwo lfson @wolffi >, " De l Risco, Jose" <Jose De l Risco @ m ia m ibeachfl.gov>,
Ma nagement Tea m <ManagementTeam @miamibeachfl.gov>, Mayor's Office
<MAYO Dept@miamibeachfl.eov>, "McFadden, Millie" < >,
"Monserrat, Marcia" <MarciaMonserrat@miamibeachfl.gov>, "Peacock, Althea"
<AltheaPeacock@miamibeachfl.gov>, "Perez, Febe" <@>, "Plotkin, Andrew"
<AndrewPlotkin@miamibeachfl.gov>, "Sam, Yarily" <YarilvSam@miamibeachfl.gov>, "Vargas, Ellen"
<EllenVargas@miamibeachfl.gov>, "Walters, Pauline" <PaulineWalters@miamibeachfl.gov>, "Wong,
Claudia" <Cla udiaWons@ miamibeachfl.gov>
Subject: Parks and Recreational Facilities Advisory Board Motion
Honorable Mayor Levine, Commissioners and Executive Staff:
Please see attached LTC 238-2015 dated June 5, 2015. lf you have any questions, please contact this
office at any time.
Respectfully submitted,
5
r.-. ,-.oTIm'^InlN
1915.2015
,1. ,4 1 i r. ,'. l i-- r,.' .'. ," ' jj\,irl\ r' ;ii:- ... ;i; iI i-j rlr .j:r i)r :1..;' r',^.. .
OFFICE OF THE CITY MANAGER
No. LTC # 238-2015 ER TO COMMISSION
To: Mayor Philip Levine and Members the City
FRoM: Jimmy L. Morales, City Manager
DATE: June 5,2015
SUBJECT:PARKS & RECREATIONAL FACILITIES ADVISORY BOARD MOTION
The Parks and Recreational Facilities Advisory Board passed the following motion at its June
3,2015 meeting recommending the funding of a capital project for Fiscal Year 2015/16 to
build a competition size pool.
MOTION:
The Parks and Recreation Board requests that a new competition swimming pool of 50
meters by 25 yards in size, 8 to 10 feet deep with a diving board of 1 meter, assuming the
pool is 10 feet deep, is funded as a capital project for Fiscal Year 2015116. This request is
based on the fact that all other public schools in the County have a pool available within a
mile or so where their competitive teams practice. Miami Beach is at a disadvantage and has
to go miles away to find a suitable competition pool and has difficulty finding space. The
Board finds Flamingo Park to be a suitable location because there are already showers and
lockers.
Members present: Lori Nieder (Vice-Chair) Chris Groward, Dana Turken, David Berger,
Eliane Soffer Siegel, Jenifer Caplan, Lee Zimmerman, Leslie Graff, Paul Stein. Attended by
phone: Ronald Krongold and Stephanie Rosen.
Members Absent: Jonathan Groff (Chair) and Harriet Halpryn
Motion made by: Chris Groward
Motion seconded by: Leslie Graff
Motion Passes:9-0
*H,rr@evne
c: J. Mark Taxis, Assistant City Manager
John Rebar, Director, Parks and Recreation
Elizabeth Valera, Deputy Director, Parks and Recreation
Tatiana Escobar, Administrative Services Manager
6
MEMORANDUM
Re:
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
To: JimmY Moroles, CitY Monoger
From: Jonoh Wolfson, Commissioner
Dote: June
.l0, 20.l5
Land Use Desisnation'
please add an item to the June 10, 2015 City Commission Consent Agenda referring the following to
the Land Use Committee and the Planning Board:
l. Parking Regulations Within 250 Feet Of NSOSP
An Ordinance Amending The coae orrne city of Miami Beach' Florida' By Amending
Chapter 130, "Off-StreelParking," Article lll, "Design Standards"' By Amending Section
130-6S, "Commercial AndNoncommercial Parking Garages," To EstablishRegulations For
Main Use parking Garages Located on Non-Oceanfrontlots ln The RM-2 District with A
property Line tirittrin 250 Feet Of North Shore Open Space Park; Providing For
Codification;Repealer;Severability;AndAnEffectiveDate
2. Signage Regulations Within 250 Feet Of NSOSP
AnordinanceAmendingTheCityCodec!P.-.-.138,''Signs,''AtAficleV,''Sign
Regulations By District";And Article vl, "speciftc use Signs," At Section l3S'172'Entitled
,'schedule Of Sign Regulations fo, erin"ipal And Accissory Use Signs"' ln Order To
Establish Sign criteria For Ground Floor commercial uses ln Parking Garages Located on
Non-oceanfront Lots ln The RM-2 District, with A Property r-in9 lrJtri1250 Feet ofNorth
Shore open Space Park;And c..ating section 118-2.06, Entitled "city ldentification Signs
At City ent.un.. And ixit pointii i,iorder To Establish rhe Process By which rhe city
May Erect City ldentification Signs Near The City's.Entty And Exit Points; Providing For
Codification; i'epealet; Severability; And An Effective Date'
3. Rezoning - 226 87th Terrace
AnordinanceAmendingTheofficialZoningDistrictMap,ReferencedlnSection|42.72
of The code of The city of ivtiami Beach] Florida, By changing ]he zoning District
classification For The Parcel Located At 226 87th Tenace' From The currenl zon\ng
classification of GU, "Govemment Use District", To The Proposed zonnlclassification
of RM-2, ,,Multifamily Residential, Medium lntensity;" Pioviding For codification;
Repealer; Severability; And An Effective Date'
we ore conni,ed lo providing excel/enl public se,ice ond sofely lo oll who livq wot{ ond ploy in our vibront, tropicol, hisloric comnunrty'
Agenda ltem C /L
Oate l,-/0-lf7
4. Comprehensive Plan - Parking Category
An Ordinance Pursuant To The Procedures ln Section 163.3184(3), Florida Statutes, To
Amend Policy 1.2 Of The Future Land Use Element Of The Comprehensive Plan By
Modifying The Parking (P) Future Land Use Category To Allow For Residential Uses When
Abutting A Land Use Category That Permits Such Uses; Providing For lnclusion ln The
Comprehensive Plan; Transmittal; Codification; Repealer; Severability; And An Effective
Date.
Please feel free to contact my Aide, Brett Cummins atx6437, if you have any questions.
JW
We ore connilled lo providing excel/enl pub/ic sewice ond sofey to all who live, wo*, ond ploy in our vibronl, hopicol, historic connunity.
8
Parking Regulations Within 250 Feet of NSOP
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE CHAPTER 130,
..OFF.STREET PARKING,'' ARTICLE III, "DESIGN STANDARDS," AT
SECTION 130.68, "COMMERCIAL AND NONCOMMERCIAL PARKING
GARAGES,'' TO ESTABLISH REGULATIONS FOR MAIN USE PARKING
GARAGES LOCATED ON NON-OCEANFRONT LOTS IN THE RM.2 DISTRICT
WITH A PROPERW LINE WITHIN 250 FEET OF NORTH SHORE OPEN
SPACE PARK; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE
WHEREAS, the North Beach area of the City has lagged behind other areas of the City
in economic redevelopment; and
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment in the North Beach area; and
WHEREAS, the Mayor and City Commission seek to encourage the development of
innovative mixed-use parking garages that will provide additional public parking in the area
adjacent to North Shore Open Space Park; 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 130 of the City Code, entitled "Off Street Parking" Article lll, "Design
Standards," Section 130-68, entitled "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:
(10) Parkinq qaraqes providino at least one hundred (100) public parkinq spaces. located on
non-oceanfront lots in the RM-2 district. with a propertv line within 250 feet of a North
Shore Open Space Park:
a. Residential or commercial uses may be incoroorated into the oaraoe structure. ln
no instance shall the combined residential and commercial soace exceed 35
oercent of the total floor area of the structure.
9
b. ln no instance shall the amount of floor area of the structure used for parkinq.
exclusive of the required parkinq for the residential or commercial space in the
structure. be less than 50 percent of the total floor area of the structure. so as to
ensure that the structure's main use is as a parkino oaraqe.
c. All required parkinq for anv commercial or residential use shall be orovided within
the structure. Restaurant or retail uses open to the qeneral public that are located
on the first floor of the structure shall not be subiect to a oarkino reouirement.
nesiOentiat uses s
d. The maximum heioht for the structure shall be 75 feet.
e. Setbacks shall be the same as the setbacks reouired for the RM-2 zoninq district.
except that front and side street setbacks shall have a required setback of 0 feet.
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. 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. EFFEGTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this daY of
ATTEST:
2015.
Rafael E. Granado, City Clerk Philip Levine, Mayor
10
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
City Attorney Date
First Reading:
Second Reading:
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
[Sponsored by Vice-Mayor Jonah Wolfson]
11
Signage Regulations Within 250 Feet of NSOP
oRDINANCE NO._
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE CHAPTER 138,..SIGNS," AT ARTICLE V, "SIGN REGULATIONS BY DISTRICT"; AND
ARTICLE VI, "SPECIFIC USE SIGNS," AT SECTION 138.172, ENTITLED
..SCHEDULE OF SIGN REGULATIONS FOR PRINCIPAL AND ACCESSORY
USE SIGNS,'' IN ORDER TO ESTABLISH SIGN CRITERIA FOR GROUND
FLOOR COMMERCIAL USES IN PARKING GARAGES LOCATED ON NON.
OCEANFRONT LOTS IN THE RM.2 DISTRICT, WITH A PROPERry LINE
WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK;AND CREATING
SECTION 138-206, ENTITLED "CITY IDENTIFICATION SIGNS AT CITY
ENTRANCE AND EXIT POINTS," IN ORDER TO ESTABLISH THE PROCESS
BY WHICH THE CIry MAY ERECT CITY IDENTIFICATION SIGNS NEAR THE
CITY,S ENTRY AND EXIT POINTS; PROVIDING FOR GODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the North Beach area of the City has lagged behind other areas of the City
in economic redevelopment; and
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment in the North Beach area; and
WHEREAS, the Mayor and City Commission want to encourage the installation of
innovative City identification signs at the City's entry and exit points; 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 138 of the City Code, entitled "Signs," atArticleV, "Sign Regulations by
District," under Section 138-172, entitled "Schedule of sign regulations for principal and
accessory use signs," is hereby amended, as follows:
12
Zoning
District
Number Awning/
Marquee
Flat Projecting Detached
(Monument)
Accessory Signs Special
Conditions
RS-1
RS-2
RS-3
RS-4
Residential use:
One sign per
street frontage
that has copy
limited to the
name of the
building.
Not
permitted.
Residential use:
Six-inch letters.
Not
permitted.
Not
permitted.
Not permitted.30 square
feet for a
religious
institution,
public and
semipublic
USCS,
clubs or
schools.
RM-1
RM-2
RM-3
R-PS 1
R-PS 2
R-PS 3
R-PS 4
RO
TC-3
No more than
one sign
identifying the
main permitted
uses for each
street frontage.
Unless
otherwise listed
in section 138-
171, all signs
must front on a
street; however,
multiple street
front facing signsfor the same
licensed
oceanfront hotel
or apartment
building within
the RM-3 districtmay be
permitted
through the
design review or
certificate of
appropriatenessprocess as
applicable if the
aggregate sign
area does not
exceed the
maximum size
permitted under
this subsection.
Siqns for oround
Ten
square
feet; the
height of
the letters
shall not
exceed 12
inches.
Not
permitted
in the RM-
3 district.
Not
permitted
in RO.
One per street
frontage; 20
square feet for
every 50 feet of
linear frontage, or
fraction thereof,
up to maximum
of 30 square feet.
Flat signs shall
not be located
above the ground
floor, except in
hotels and
apartment
buildings within
the RM-3 district.
Flat signs in
hotels and
apartment
buildings within
the RM-3 district
shall be limited to
the name of the
building or the
use that
encompasses the
largest amount of
floor area in the
building. Within
the RM-3 district,
and subject to the
review and
approval of the
design review
board or historic
preservation
board, as
applicable, one
building
identification sign
for hotels and
apartment
buildings two
stories or higher,
located on the
15 square
feet
Not
permitted
in RO.
15 square
feet,
however, if
sign is set
back 20 feet
from front
property
line, areamay be
increased to
a maximum
of 30 square
feet. Pole
signs are
not
permitted.
Existing pole
signs may
be repairedonly as
provided in
section 138-
'10.
Notwithstan
ding the
above, a
detached
sign locatedona
perimeter
wall shall be
limited to
five squarefeet andshall not
have to
comply with
the setback
requirement
s of section
138-9. The
height and
size of the
monument
structure
One sign foreach licensed
accessory use;
area of sign
shall not exceed75 percent of
the main use
sign, 20 square
feet maximum.
For hotels and
apartment
buildings in the
RM-3 district,
one street front
facing flat signper every
licensed
accessory use
facing or having
direct access toa street or
sidewalk, 20
square feet for
every 50 feet of
linear frontage,or fraction
thereof, up to
maximum of 30square feet.
However,
multiple streetfront facing
signs for the
same licensed
accessory use
of oceanfronthotel and
apartment
buildings within
the RM-3 districtmay be
permitted
through the
design review or
certificate of
1.
Maximum
size for
schools is
30 square
feet.2. Signs
shall not
have copy
indicating
prices.
3. An
exterior
directory
sign,
attachedto the
building
up to six
square
feet,
listing the
names of
all
licensed
USES
within the
building is
permitted;
sign
material
and
placement
shall be
subject to
approval
through
the design
review
process.
floor commercial
uses in parkinq
qaraqes,
providinq atleast one
hundred (100)
public oarkinq
spaces located
on non-
oceanfront lots
13
in the RM-2
district, with aprooertv line
within 250 feet
of North ShoreOpen Soace
Park shall be
subiect to the
CD-2 standards.
parapet facing a
street, is
permitted with an
area not to
exceed one
percent of the
wall area on
which it is placed.
Corner buildings
may provide one
combined sign
instead of the two
permitted signs.
This sign shall be
located on the
corner of the
building visible
from both streets
and shall have a
maximum size of
40 square feet.
Sions for qround
floor commercial
uses in parkino
qaraoes.
providinq at least
one hundred
(100) oublic
parkinq spaces
located on non-
oceanfront lots in
the RM-2 district,
with a propertv
line within 250
feet of North
Shore Open
Space Park shall
be subiect to the
CD-2 standards.
shall be
determined
under the
design
review
process
except as
provided
herein. ln
the RO
districts,sign arca
shall not
exceed ten
square feet,
and the
monument
structureshall not
exceed fivefeet in
height.
appropriatenessprocess as
applicable if the
aggregate sign
area does notexceed the
maximum size
permitted under
this subsection.
SECTION 2. Chapter 138 of the City Code, entitled "Signs" Article V, "Sign Regulations by
Districts," section 138-206, "City ldentification Signs at City Entrance and Exit Points," is hereby
created to read as follows:
Sec. 138-206. Gitv ldentification Siqns at Citv Entrance and Exit Points.
The Citv mav erect freestandinq or flat identification siqns on public or private oropertv at
or near the entrance and exit ooints to the Citv. The size. location. orientation, and desiqn of anv
such sions, whether located on public or orivate oropertv, shall be approved bv the Desiqn
Review Board or. if the siqns are located within an historic district. the Historic Preservation
Board.
14
SECTION 3. CODIFICATION
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. 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 5. SEVERABILIry
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
City Attorney Date
First Reading:
Second Reading:
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
[Sponsored by Vice-Mayor Jonah Wolfson]
15
THIS PAGE INTENTIONALLY LEFT BLANK
16
g MIAAANBEACH
OFFICE OF THE MAYOR AND COMMISSION
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dole: June
.l0,20.l5
ME,MORANDUM
Re: Commission Aqendo ltem - Consent Aqendo - Leqol Opinion
Concerninq Whelher o Vqconcv on lhe Hisloric Preservqtion Boqrd
Renders the Boord lmproperlv Constituted ond Without Power to Act,
ond Referrol lo the lond Use ond Development Committee lo Discuss
qn Amendment to Sec.2-22(2ll to Require the Movor ond Cilv
Commission to Fill Boord Voconcies Within 9O Dovs.
Pleose ploce on theJune I 0,2015 City Commission ConsentAgendo referring the following
to the Lond Use ond Developmenl Commiltee:
!g1g1i,Whether o voconcy on the Historic Preservotion Boord renders the boord improperly
consliluted ond without power to oct.
Summorv Opinion: A voconcy on the Historic Preservotion Boord renders the boord
improperly constituted ond without power io oct.
Bockqround: On Morch .l6,2015, the Historic Preservotion Boord ("HPB") issued on
Order opproving on opplicolion for o Certificote of Approprioteness for the construction of o
four story building on o surfoce porking lot locoted ol 426 Euclid Avenue, Miomi Beoch,
Florido 33.l 39 ("HPB File No. 7471"). However, on lhe dote of the heoring, conlrory to Sec.
I l8-.l03 requiring the boord to be composed of seven members, the HPB wos composed of
only six members os lhe term of the required representotive from lhe Miomi Design
Preservolion Leogue, Jo Monning, hod expired on December 31, 2O14.ln response to o
chollenge concerning ihe improper composition of the HPB, lhe boord determined ihot it hod
the oulhority lo oct so long os o quorum wos present. The opprovol of HPB File No.7471
hos been chollenged ond is currently pending before the Speciol Moster (Cose No. HPSM
r 5-002).
Anqlvsis: Sec. I I 8-.l03 provides "The historic preservoiion boord sholl be composed of
seven members." (emphosis odded.) The City Code mondotes the HPB lo be composed of
We ore conmilled lo providing exce/lenl pub/ic service ond safely to oll who /ive, wofr, ond ploy in our vibronl) lropical, historic connunily.
Agendaltem CtMo^t 0=lottF;17
seven members, ond o voconcy on the boord meons the boord is not properly constituied
ond withoui power lo oct. ln A.C. Kibler, Beotrix Meyer-Burghogen, ond Freedom of Choice
Reolty, lnc., v. Deportment of Professionol Regulotion, 418 So.2d 1081 (Flo. 4th DCA
1982), the Fourth Dislrict Courl of Appeol held, in port, thot the proboble couse ponel of the
Florido Boord of Reol Estole wos nol properly constituted ond reversed the Order of the
boord. The Fourth District Courl of Appeol found the following:
lf lhis couse did not require reversol bosed on lhe Boord's foilure
lo occord the findings of the heoring exominer the proper
presumption of volidity, il would slill require reversol bosed on
the improper conslitution ond oction of the proboble couse
ponel. The Deportment conlends thot lhe stotute ond regulotions
ore silent on the number of members required to form o
proboble couse ponel. But Rule 21Y'20.09 of the Florido
Administrotive Code, contoining the operoling rules of the
Boord, declores: "The proboble couse ponel sholl be composed
of not less thon lwo members of the Boord, one of which sholl
be o loy member of the Boord." And Section 455.225(3),
Florido Stotutes (l 98 I ), describing discipline of professions ond
occupotions, provides, "The [proboble couse] ponel... sholl be
composed of boord members, but not more ihon one of the
ponel members sholl be o loy member." Despile these cleor
requirements thot there be ol leost lwo members, one broker
ond one loy person, the Boord occepled the recommendotion of
o ponel lhot consisted of only one Boord member, Mrs. Bishop,
who is o broker. The requirements quoted obove were cleorly
violoted by the Boord.
/d. ot .l083. (emphosis odded). This cose is on oll fours. As inA.C. Kibler, theviolotion of
the requirement thot the HPB be composed of the requisite members rendered the boord
i mproperly constituted.
The confusion concerning this issue slems from o legol opinion issued by former City Attorney
Jose Smith on Februory 15,2013. The former City Attorney's opinion mischorocterizes the
Florido Supreme Courl holding in Clark v Norfh Boy Villoge,54 So.2d 240 (Flo. 1951), os
well os Florido Attorney Generol Opinion AGO 2012-23. The opinion concludes lhot boords
con continue lo conduct business when o voconcy exists os long os lhe minimum quorum
requirement is met.
We ore connilled to providing exce/bnl public service ond solety lo oll who live, worl, ond ploy in our vibronl, hopicol, hisloric conmunity.
18
Clork v North Boy Villoge 54 So.2d 24O (Flo. 1951)
The former City Attorney's opinion ciles Clorkfor the purported proposition thot it estoblished
the "generol rule" concerning boord voconcies, ond thot the "supreme Court held thot two
voconcies on the five-member City Council did not prevenl lhe Council from conducling
business with its three remoining members constiluting o quorum." Controry to the holding in
Clork, the former City Attorney's opinion stotes thot the Clork opinion estoblished the
"generol rule" concerning boord voconcies, ond thot the voconcies did nol prevent the
Council from conducting business.
lnitiolly, it is vitol lo nole thot the issue in C/orkwos not whether the Council could continue lo
conducl business wiih two voconcies. The sole question in Clork wos "whether only Mo
councilmen could constilule o quorum." /d. ot 241 .Ihe holding in Clarkwos thol "where the
villoge chorler provided thot the villoge should be governed by o council of five, o moiority
of the council being necessory for o quorum, the voconcies... could not be deducted in
oscertoining o quorum ." ld. ol 24O.Ihe Florido Supreme Court observed thot "[s]hould we
hold thot o quorum is o moiority of the remoining quolified councilmen, it would be possible
for the two of their number to continue to govern lhe Villoge by their own design, or lheir
foilure or neglecl to fill existing voconcies." /d. ot 242.
The Florido Supreme Court olso observed thot:
The oble Circuit Judge thought he should declore o quorum to
be o mo[ori[ of the remoining quolified councilmen, rother lhon
o moiority of the number of councilmen who by stotutory
declorotion compose 'the Councif, becouse o controry ruling
would creote o hiotus in the City Governmenl.
It is our view thot such hiotus con be remedied, or could hove
been ovoided, by the remoining councilmen elecling successors
to McCrocken ond Ridings. There is no excuse for the existence
of such hiqtus. However, o lemporory hiotus is preferoble
to creoting o condition whereby iwo of the remoining
councilmen, upon their coprice, whim or foncy, con govern ihe
City until lhere moy be onother city election, in the foce of the
foct thot ihe Chorler provides thot the Council sholl be
composed of five members ond thot o mo[ority of 'the Council'
sholl constitute o quorum.
We are conmilled lo providng excel/enl pub/ic service ond safety to ol/ who livq wo*, ond ploy in our vibronl, lropical historic connunily.
19
/d. (emphosis odded). The reosoning orticuloted in Clark supports lhe conclusion thot o
voconcy on o boord thot is stotutorily required to be composed of o certoin number of
members is improperly constituted ond without power to oct. lf the City Commission foils to
fill voconcies, it is preferoble for the boord not to conduct business rother thon to conduct
business with o composition thot controdicts ond undermines the bolonce of interesls
contemploled by the composiiion mondotes in the City Code which requires boord members
to be of specific professions ond occupotions, ond possess certoin knowledge ond
experience.
Florido Attorney Generol Opinion AOO 2Ol2-23
The former City Attorney's opinion olso cites Florido Afiorney Generol Opinion AGO 2012-
23. Like the C/ork opinion, the Florido Attorney Generol's opinion is mischoroclerized ond
does not support lhe former City Attorney's conlusion.
ln AGO 2012-23, the Florido Attorney Generol wos osked whether o nine-member
governing body of o mobile home pork recreotion districl could continue to operole ond
conduct business in the event of o voconcy. The former City Attorney's opinion slotes lhot
"[t]he Aftorney Generol opined thot'the [enobling] stotute does not require lhe suspension of
business upon lhe occurrence of o voconcy, bul would oppeor to ollow the boord to conlinue
to function ond conducl district business while seeking o person to fill the voconcy on lhe
boord so long os o quorum is present." However, the following criticol longuoge from lhe
Florido Atlorney Generol's opinion wos omitled, "[t]he district connot controvene lhe slolutory
requirement of o nine-member boord of trustees by conducting business in on on-going
foshion with on eight-member boord." ln foct, the Florido Atorney Generol specificolly
ovoided the issue by stoting thot "[i]his office connot odvise the boord thot it moy conlinue to
do business indefinitely with less thon the stolulorily prescribed number of boord members."
Nevertheless, predicoled upon the former City Attorney's flowed opinion - bosed on his
misreoding of the Clorkopinion ond Florido Ailorney Generol Opinion AGO 2012-23 -the
HPB interpreted the City Code lo meon thot it con indefinilely conducl business with o
voconcy so long os o quorum is present. The HPB's interpretotion hos put the currenl City
Altorney in the unlenoble posilion of defending the boord's erroneous oclions before the
Speciol Mosler in HPSM l5-002. The HPB's interpretotion, token ot foce volue, would meon
thot it could conduct business in perpetuity wilh one or more voconcies. This interprelotion
would effectively nullify ond void the longuoge in Sec. I I B-.l03, thot is, thol "[t]he historic
preservolion boord sholl be composed of seven members." (emphosis odded). This is on
obsurd conclusion.
We ore commilled to providng excel/enl public service and sofely lo oll who live, wo*, ond p/oy in our vibronl, lropicol, hbloric comnunily.
20
Sec. I 18-l 06 of rhe Code of the Ciry of Miomi Beoch, Florido
The HPB interprets Sec. I l8-.l03 ond Sec.l lB-.l06 in pori moterio to meon thot it con
conduct business in perpetuity with one or more voconcies so long os o quorum is presenl.
The quorum requirement for the HPB is the presence of four members of the boord. /d. This
inlerpretotion turns the requiremenl of o seven member HPB composition on ils heod. The
seven member composilion is mondotory; not ospirotionol. The City Code moy be reod in
pori molerio, but it connol be reod in such o woy os to render the ploin ond unombiguous
longuoge in Sec. I I 8-103 meoningless ond of no effect. A principle lenet of stolutory
interprelolion requires thot "stotules thot relote to the some subiect must be reod in pori
moterio ond construed in such o monner os to give meoning ond effect to eoch porl." Flo.
Dep't of Educotion v. Cooper, 858 So. 2d 394,396 (Flo. 1st DCA 2003); citing Polm
Beoch County Canvossing Bd. V. Horris,772 So. 2d 1273 (Flo. 2000). "Courts should not
construe o slotule so os lo render ony term meoningless." /d.
Despite the HPB's osserted outhority lo inlerprel Sec. I I 8-l 03 in o monner other thon whot is
consislent with soid seclion's ploin longuoge, it is well-estoblished thot the ploin stolutory
longuoge controls. Korell v. Miami Airport Hilton, 668 So. 2d 227, 229 (Flo. I st DCA.l996) ([it is the duty of the court] "to interpret ond opply the stotutes os writlen, so for it is
possible lo do so, ond not os one porty or the other would like to hove lhem writlen."); see
olso Anderson Columbio v. Brewer, 994 So. 2d 419, 421 (Flo. I si DCA 2008) ("we ore
bound to give effect to legislotive intenl os expressed through the ploin stolutory longuoge ...
only when lhot longuoge is ombiguous or of doubtful meoning should other considerolions
entire into the onolysis"). Fudher, olthough on ogency's interprelotion of lhe slotule thot it is
chorged with enforcing is entitled to greot deference, if the ogency's inlerpretolion conflicls
with the ploin ond ordinory meoning of the stoiute, deference is not required. Moreover,
when the longuoge of the slotue under inlerprelotion is unombiguous ond hos o ploin ond
ordinory meoning, the ploin meoning should be given effect. Osorio v. Boord of Professionol
Surveyors ond Moppers, 898 S0.2d .l88, .l90 (2005).
"Even where o court is convinced thot the Legisloture reolly meonl ond intended something
not expressed in the phroseology of the oct, il will not deem itself outhorized to deport from
the ploin meoning of the longuoge which is free from ombiguity." Slofe v. Egon,287 So.2d
1,4 (Flo. 1973). This is simply nol the cose here. The longuoge in Sec. I l8-.l03, thol is,
thol "[th]e historic preservotion boord shqll be composed of seven members" is cleor,
unombiguous, ond unmislokoble. An inherently unreosonoble ond improper interpretolion is
not enlitled lo ony deference. Moyo Clinic of Jocksonville v. Dep't of Prof. Reg., Bd. of
Medicine,625 So. 2d 918, 9.l9 (Flo. 1st DCA 2003).
We are comnilted to providing excelbnt public service ond so{ety to oll who live, wo*, ond p/oy in our vrbronl, hopical, historic conmuntly.
21
Conclusion: lt is my opinion, os on otlorney member of the City Commission, thot o ploin
reoding of Sec. I I 8-.l03 requires thot o voconcy on the HPB renders it improperly
consliluted ond without power to oct, porticulorly where lhe voconcy is the resull of on
expired lerm rolher thon o voconcy resulting from o sudden deolh, resignotion or the like.
However, I om mindful of the procticol difficulties ond consequences of o rigid or mechonicol
opplicotion of Sec. I l8-.l03. Accordingly, lom proposing the following Ordinonce which
requires boord voconcies to be filled within 90 doys. lt is my firm belief thot the Ordinonce
strikes on equitoble bolonce belween preserving the public interesl in foithfully observing the
City Code, ond o boord's obility to continue doing business during o temporory voconcy.
Pleose feel free to contoct my Aide, Brelt Cummins ot x6437, if you hove ony questions.
JW
We ore commilled to providing excelbnl public se:ice ond sofely to o// who livq wo*, ond ploy in our vibronl, hopical, hisloric comnunrty.
22
CHAPTER 2 _ ADMINISTRATION
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ENTITLED.,ADMINISTRATION,'' OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, ARTICLE III, ENTITLED "AGENCIES, BOARDS AND
COMMITTEES," DIVISION 1, ENTITLED "GENERALLY," SECTION 2.22
THEREOF, ENTITLED "GENERAL REQUIREMENTS,"CREATING A
ADJUSTMENT,REQUIREMENT THAT VAGANCIES ON THE BOAR
DESIGN REVIEW BOARD, HISTORIC PRESERVA , PLANNING
BOARD BE FILLED WITHIN 90 DAYS OF VA
CODIFICATION; REPEALER; SEVERABILITY;DATE.
") shall consist ofWHEREAS, the City Code provides that the
seven voting members, and specifies the requi
WHEREAS, the City Code provides th Board (.'qm") shall be
composed of seven regular members, and bomposition of thrd board; and,
WHEREAS, the City Code
composed of seven members, and
Board ("HPB') shall be
ofthe board; and,
WHEREAS, the City Code B") shall be composed of
seven regular voting m on ofthe board; and,
WHEREAS,unambiguous language of the City Code
be composed of seven members, the BoA,
have interpreted their respective quorum
mandating that
DRB, HPB, and
requirements to mean and that they can continue to conduct
is contrary to the plain and unambiguous
Board's "g@!!" be composed oflly provide that the
, the interpretation undermines the balance of interests contemplated
by the l+ompositi ts in the City Code, and is unfair and prejudicial to
applicants Boards who are entitled to and expect hearings before boards
composed of possess the discipline of professions and occupations required by
the City Code; and,
WHEREAS, it is the duty of the Mayor and City Commission to appoint members to the
Boards upon the occurrence of a vacancy or expiration of a term;
WHEREAS, the Mayor and City Commission recognize that it may be impractical to fill a
board vacancy upon occurrence or expiration of a term and believe that a requirement that a
vacancy be filled within 90 days is a fair and reasonable amount of time for appointments to be
made, and an equitable balance between preserving the public interest in faithfully observing
the City Code, and the Board's ability to continue doing business during a temporary vacancy.
the pla'
ced
e "Board
business
of the City
23
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND GITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. That Chapter 2, "Administration," Article lll, "Agencies, Boards and Committees,"
Division 1, "Generally," of the Code of the City of Miami Beach, Florida, is hereby amended as
follows:
CHAPTER 2
ADMINISTRATION
*
ARTICLE III
AGENCIES, BOARDS AND
Sec. 2.22121 ). Filling special vacanc
Whenever a t, Planning Board, Design
Review Board,prior to the end of a member's term of
office due to ation,
said shall
termination,al or Clerk has been notified in writing by the
board's liaison a , a notice of special vacancy shall be
or death, a special vacancy exists and
immediately upon such resignation,
iiet661bti Cit{tffffimission by resolution. The notice of special vacancy shall
be publi$l$M*onffi1. a newspaper of general circulation in the City. An
ntment to dffif theffi>-referenced boards to fill a special vacancy shall not
ade for at ledffilfl.$en (1Offiusiness days after the newspaper publication of the
, and in any other place(s) that may be
^:ti t I tiurw:
'to fill the
(21)a., the City Commission may, if it finds that an
the temporary filling of a special vacancy by resolution. A
special vacancy shall serve only on an acting basis, but
rs and duties of board membership, until a final appointment is
$fti{he Citv's
itlffffimissior
oncffik. a n(
pf theffi>-n
filil en (10Wus
special
emergenc
with all of the
made.
c. Notwithstandinq anvthino seeminqly to the contrarv in the Citv Code. whenever a
vacancv exists on the Board of Adiustment, Desiqn Review Board, Historic Preservation
Board, or Plannino Board for a oeriod of 90 davs for anv reason whatsoever. includino
the 60 day oeriod after the expiration of a term of office pursuant to Sec. 2-24. such
24
board shall be deemed to be improperlv constituted and shall not have the power to act
until such time as the vacancv is filled.
SECTION 2. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained thatthe 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 "se*[ion" or other appropriate
word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all
herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect
PASSED and
and sections in conflict
nce is he invalid, the
2015.
PHILIP LEVINE, MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
RAFAEtill
nah Wolfson)
Underscore denotes new language
City Attorney Date
25
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26
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: June 8h ,2015
SUBJECT: Agenda item for June 1 Oh ,2A15 City Commission Meeting
Please place on the June 1Oth, 2015 Agenda for City Commission Meeting a discussion in
suppott of after action report from the 5127 Land Use and Development Committee which
stated:
MOTION: 3-0 (ET/JW)
Refer an item regarding the repair of the Lakeview Drive Seawall to the full City
Commission with a favorable recommendation.
Direct the Administration to identify the worst seawalls to be budgeted for repair in FY 2016
and to update the Land Use and Development Committee on the worst Sea Walls at
the July 29,2015 meeting.
Attached please find an email outlining resident concems.
If you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
t/(/J
We are cqnmittd lo proviciing excellent puilic servlce ond saiery to oll tuho iive, wo*., oad pitcy in anr vibront, fropicol, historic cannuniry.
Agenda ttem I ?J _
Date ( 1o{f_
1.
2.
27
Kane, Dessiree
From:
Sent:
To:
Cc:
Subject:
Desi,
Please add on and call PW for an update.
ET
Begrn forwarded message:
From: Jeffrey Bercow <ibercow@brzoninqlaw >
Subject: RE: Cherokee Avenue street end seawall
Date: June 4, 2O15 at2:34:18 PM EDT
To: Edward Tobin <ed@edto.bj.n-.cop>
Gc: "Kane, Dessiree" <DessireeKane@mia >, "Bruce A. Mowry
Grucemowrv@miamiU )" <brucemowry@miamibeachfl.oov>, "Jimmy Morales
(JimmvMorales@miam i beachfl .sov)" <JimmyMorales@miam ibeachfl.qov>
Commissioner,
Thanks again for sponsoring this effort. I note that this matter is not on the June 10
Commission agenda; when do you think it will get back to the Commission?
FYl, the after action report from the 5 127 Land Use and Development Committee stated:
MOTION: 3-0 (ET/JW)
1 . Refer an item regarding the repair of the Lakeview Drive Seawall to the full City
Com mission with a favorable recommendation.2. Direct the Administration to identify the worst seawalls to be budgeted for repair in FY 2016
and to update the Land Use and Development Committee on the worst SeaWalls
atthe July 29,2015 meeting.
Regards,
Jeff
Ed Tobin [ed@edtobin.com]
Thursday, June 04, 2015 4:20 PM
Kane, Dessiree
j bercow@brzo n ingl aw, co m
Fwd: Cherokee Avenue street end seawall
4{
28
JEFFREY BERCOW, ESQ.
Bercow Radell & Fernandez
200 South Biscayne Boulevard, Suite 850
Miami, FL 33i 31
3as.377.622A I Office
305.898.3881 | Cell
345.377.6222 | fax
i bercow@b rzon i n g I aw. com
The information contained in this electronic message is privileged and confidential and is intended onlyforthe use of the individual
named above and others who have been specifically authorized to receive it. lfthe recipient is not the intended recipient, you are hereby
notifiedthatanydissemination,distributionorduplicationofthecommunicationisstrictlyprohibited. Ifyouhavereceivedthis
communication in error, or if any problems occurwith transmission, please immediately notifo us bytelephone (305) 374-5300.
From: Edward Tobin [mailto:ed@edtobin.coml
Sent: Friday, May 15,2015 10:05 AM
To: Jeffrey Bercow
Cc: Jimmy Morales (JimmyMorales(omiamibeachfl.sov); Bruce A. Mowry (brucemowrv@miamibeachfl.gov); Kane,
Dessiree
Subiect: Re: Cherokee Avenue street end seawall
Jeff,
I am placing this on the next Commission Agenda for discussion and/or referral.
Best,
Ed
Edward L. Tobin
Sent from my iPhone
Please excuse any typos
On May L4,20L5, at 9:16 AM, Jeffrey Bercow <ibercow@brzoninslffi> wrote:
Dear Commissioner Tobin:
I hope all is well with you. I am writing to you regarding a matter that is
affecting my home and the Lakeview Drive neighborhood.
As you may recall, my home abuts the Cherokee Avenue street-end on Surprise
Lake. The seawall separating the lake from the street-end has been in a
s) <-
29
terrible state of disrepair for many years; there is no seawall cap and the wall is
cracked and cannot hold back the lake during the higher tides. Please see
attached photos take in 2012 and 2013;the situation has only gotten worse. I
am concerned that continued degradation of the city seawall will undermine the
structural integrity of my seawall, shown in the Znd attachment. Please stop by
when you are next in the neighborhood, and I would be happy to show you the
extent of the problem.
When the Ceneral Obligation Bond was approved by the electorate I 5 years
ago, repairs to this seawall were part of the package for the LaGorce
neighborhood. Despite my repeated effons since then with City staff - and I
have a very thick file that I would be very happy to share with you - and the
many promises of city staff (Public Works, Capital lmprovements) that the
project would be bid out in a few months, there have been no repairs to the
seawall. As far as I can tell, there is nothing planned in the near future that will
remedy this problem.
The Manager has been very helpful in attempting to address this issue; I have
had several meetings with him and staff members since you have been in office
in an attempt to move this issue forward. But I can't honestly say that we are
any closer to a solution today than we were a few years ago.
I have corresponded with staff in the recent past, and have had several candid
discussions with the City Engineer. Mr. Mowry believes that this seawall needs
repair/replacement, but has told me that there are no funds for individual
seawall projects; in order to fund seawall projects this year staff needs to tie
the seawall work with other work that is funded. There is no pending project
with funding in my neighborhood to which the Cherokee seawall work can be
tied.
And that is why, Commissioner, I need your help in making sure that this
seawall repair project is funded and expedited. We all know how important
seawalls are to the Commission's efforts to make sure that the City is protected
from climate change.
I will be following up by telephone later today.
Sincerely yours,ql {-
30
Jeff Bercow
JEFFREY EERCOW, ESQ.
Bercow Radell & Fernandez, P.A,
200 South Biscayne Boulevard, Suite 850
Miami, FL 331 31
305.377.6220 | Office
305.898.3881 | Cell
305-377.6222 lFax
i bercow@brzon i nq law.com
tr
The information contained in this electronic message is privileged and confidential and is intended only for the use of
the individual named above and others who have been specifically authorized to receive it. If the recipient is not the
intended recipient, you are hereby notified that any dissemination, distribution or duplication of the communication is
strictlyprohibited. lfyouhavereceivedthiscommunicationinerror,orifanyproblemsoccurwithtransmission,please
immediately noUry us by telephone (305) 374-5300.
<Cherokee Ave street end 111513 #l jpg>
<Cherokee Ave street end 111513 #3 jpg>
<Cherokee Ave. street end 10.13.12.1pg>.
1r
31
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32