07312015 FINAL REGAfter Action July 31, 2015 Presentation & Awards City of Miami Beach
Presentations & Awards/Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
July 31, 2015
Mayor Philip Levine
Vice-Mayor Edward L. Tobin
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires
the registration of all lobbyists with the City Clerk 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 Office of
the City Clerk. Questions regarding the provisions of the Code should be directed to the Office of
the City Attorney.
To request this material in alternate format, sign language interpreter (five-day notice required),
information on access for persons with disabilities, and/or any accommodation to review any document or
participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for
Spanish, then option 6; TTY users may call via 711 (Florida Relay Service).
In order to ensure adequate public consideration, if necessary, the Mayor and City Commission may
move any agenda item to an alternate meeting date. In addition, the Mayor and City Commission may, at
their discretion, adjourn the Commission Meeting without reaching all agenda items.
Meeting called to order at 4:04:09 p.m.
Pledge of Allegiance given by City Attorney Raul J. Aguila.
4:06:22 p.m.
Mayor Levine apologized to the residents of the City of Miami Beach, on behalf of himself and this body.
One of the goals when he became Mayor of this great City was to restore professionalism and proper
decorum to this legislative body. During the last City Commission Meeting, they had an episode with
many exchanges that went astray from his goal; many of them here, including himself are culpable;
however, they will proceed forth in the spirit of cooperation and mutual respect. They will maintain proper
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decorum and follow proper procedure in conducting City business. They owe this to the City residents. In
an attempt to do this, the Mayor stated that he would adhere to the following Robert’s Rules of Order:
• If you wish to make a motion or speak on an Agenda item, you will wait to be recognized by the Chair.
• Following the reading of the title of an Agenda item by the City Clerk, the Mayor will ask the City
Manager or, as the case may be, the City Attorney, to briefly introduce and summarize the item. If it is
an Agenda item sponsored by a City Commissioner, the Mayor will recognize the sponsoring
Commissioner to introduce and briefly summarize the item.
• If the item calls for a public hearing, the Mayor will immediately open the public hearing, following the
introduction of the item in order to move through the hearing, and hear as many speakers as
possible, the Mayor would ask that speakers keep to their time limit; keep their comments related to
the item; and not engage any member of the City Commission or the City Administration in questions
or debate. Speakers will address their comments to the Chair.
• At the same time, the Mayor would also ask his fellow Commissioners not engage in debate or
questions directly with speakers. At the conclusion of the public hearing, the Mayor will ask for a
motion on the item and then open it up for debate on the floor.
• If an item is not a public hearing, following introduction of the item, the Mayor will first ask that a
motion be made and seconded, prior to opening up the floor for debate on the item.
• At the conclusion of debate, the Mayor will call for a vote on the matter, and have the City Clerk state
the motion (or the motion as amended) to the Commission.
• Following conclusion of the vote, the City Clerk will announce the results and the Mayor will move on
to the next item of business.
Direction to the City Attorney:
Throughout the course of the meeting, the Mayor asks that the City Attorney indicate any additional
procedures that may be required under Robert’s Rules, in order to effectuate a timely efficient meeting.
Direction to the City Clerk:
When a motion is made and seconded, or where a motion is amended, the Mayor may ask the City Clerk
to state the motion or the amended motion, or both, so that the Commission and the public know what is
being debated and voted.
Finally, to Commissioners, the Mayor respectfully requires that in debate:
• Their remarks remain germane to the issue – meaning that they must have bearing on whether the
pending motion should be adopted or not; and
•
• That the Commissioners refrain from making personal attacks and refrain from any form of campaign
speeches.
4:44:54 p.m.
Rafael E. Granado, City Clerk, announced item separated C4A by Vice-Mayor Tobin and the withdrawal
of R9B. He explained that there is no need to take a vote on the Addendums, since pursuant to
Ordinance 2015-3954, Sec. 2-12(3), all addendum agenda items have been approved by the Mayor to be
placed on the Commission Agenda. Therefore, no vote is required.
City Clerk’s Note:
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Ordinance 2015-3954 Sec. 2-12(3)
Addendum agenda items - Any item not included in the agenda submitted to the Mayor
and City Commission on the initial print day must be submitted by the City Clerk to the
Mayor for a determination whether the item is to be placed on the Agenda as an
addendum item. If the Mayor declines to place the item on the agenda as an addendum
item, then the item shall be submitted to the City Commission for a vote and the item
shall only be considered at the City Commission Meeting upon a finding by the City
Commission, by a five-seventh (5/7th) affirmative vote.
ADDENDUM MATERIAL 1:
R2A
ADDENDUM MATERIAL 2:
R9G
SUPPLEMENTAL MATERIAL 1:
C7A Memorandum & Resolution
ITEMS DEFERRED:
R9A R9B
ITEMS SEPARATED:
C4A by Vice-Mayor Tobin
4:04:54 p.m.
Moment of Silence Requested by Commissioner Grieco:
In Honor of Miami Beach Resident Dr. Kevin Berkowitz
In Honor of Jacqueline Hertz, Great Lady And Resident In Normandy Island.
Mayor Levine introduced the item and he recognized Commissioner Grieco.
Commissioner Grieco stated that these last couple of weeks they lost two outstanding members of the
community. Jacqueline Hertz was a friend of the City and an amazing lady, her passing is a great loss for
the community; Jacqueline and her husband Steven are in our prayers and thoughts. The community
also lost Dr. Kevin Berkowitz, a 44-year-old physician who passed away suddenly early last week. Kevin
was a very well known physician at Mount Sinai, a renowned podiatrist. Commissioner Grieco requested
a moment of silence in their memory.
Presentations and Awards
4:15:34 p.m.
PA1 Presentation On The State Of The Travel And Tourism Industry By William Talbert, President &
CEO Of The Greater Miami Convention & Visitors Bureau And Recognition Of National Travel
And Tourism Week.
(Sponsored by Mayor Philip Levine)
(Deferred from June 10, 2015)
ACTION: Presentation made.
William Talbert, President & CEO of The Greater Miami Convention & Visitors Bureau, expressed
his support for item R7A regarding the Convention Center hotel. He introduced his organization’s
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newest publication called: “Miami Beach Center for Creative Collaboration.” He gave a brief
presentation on the booklet, and distributed a booklet to each member of the City Commission.
Handouts or Reference Materials:
1. Miami Beach Center for Creative Collaboration Guide from the Greater Miami Convention & Visitors
Bureau.
4:16:59 p.m.
PA2 Certificates Of Completion To Be Presented To The City Of Miami Beach Neighborhood
Leadership Academy Graduates For Spring 2015.
(Office of the City Manager)
ACTION: Certificates of Completion presented to the 2015 Leadership Academy Graduates:
Adam Ganuza, Andrea Abbott, Arthur Cherry, Chantal Kahale, Daniel Nagler, Darryl Brown, David
Rapuso, Ebani Thomas, Elaine Litwin, Francinelee Hand, Gail Frank, Gia Kastelic, Gustavo
Briand, Jane Cherry, Janis Good, Joel Kruger, Jose Guzman, Kevin Jones, Lisa Almy, Maria
Bonora, Marta Pantelides, Michelle Vazquez, Mike Pintado, Monica Tracy, Nawaz Gilani, Nicole
Washington, Patricia Elizee, Phil Siebert, Ray Pantelides, Thomas Fitzpatrick, Timothy Kern,
Victor Emanuel, Joseph Jorczak and Lucy Alonso.
Jimmy L. Morales, City Manager, explained that the Leadership Academy is a civic and public
information program that gives residents and business owners an insight on how the City works.
He stated that over 1,000 graduates have transitioned to committees, and over 40% of the City’s
boards are made up of Leadership Academy graduates. He recognized Caroline DeFreze for her
efforts. He read the names of the graduates into the record.
Chantal Kahale, graduate of the Leadership Academy, stated that she had an amazing
experience with the program, and she appreciated the support of the Mayor, City Commission,
and the various City Departments. She gave a special acknowledgement to Caroline DeFreze.
4:22:18 p.m.
PA3 The American Heart Association Recognizes The Miami Beach Fire Department For Achieving
The 2015 Mission: Lifeline EMS Silver Level Recognition Award And Implementing Quality
Improvement Measures For The Treatment Of Patients Who Experience Severe Heart Attacks.
(Sponsored by Commissioner Joy Malakoff)
ACTION: Recognition given.
Commissioner Malakoff stated that the Fire Department is receiving an award from the American
Heart Association. She called Jessica Lodispoto, Director of Go Red for Women, and Jeffrey
Walker, Director of Quality and System Improvement of the American Heart Association (AHA) to
the podium.
Jessica Lodispoto stated that the AHA is proud to present the 2015 Mission Lifeline Recognition
Award for the achievements in 2014. This is the first time Miami Beach receives this award, and it
attained the highest recognition of honor for the first year. The correct tools and training allow the
staff to provide crucial life-saving assistance.
Frank Betancourt, Fire Division Chief, thanked the City Commission and Administration for their
incredible support, which allowed their Department to work with the best tools. The Fire
Department is excited to receive this award for the first time. This award reflects the hard work of
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the men and women of the Miami Beach Fire Department.
4:27:16 p.m.
PA4 Proclamation To Be Presented To Cheryl Cook, Of The Strand Restaurant In Miami Beach, For
Her Role In Creating The Cosmopolitan (Cocktail) Sometime In 1989.
(Sponsored by Commissioner Michael Grieco)
ACTION: Proclamation presented.
Commissioner Grieco recognized Cheryl Cook. He stated that his friend, Jeff Donnelly, informed
him of how Cheryl Cook created the Cosmopolitan Cocktail in Miami Beach. He read the following
proclamation:
“Whereas Cheryl Cook was born and raised in Miami and grew up in North Miami. She
moved to Miami Beach in the mid to late 80s and was hired as the Equity Stage Manager
for New World Theatre, a professional Theatre Company that operated out of The Strand
restaurant. Not long after, she was hired as a Bartender there as well. That is where the
Cosmopolitan was born. Following the Strand, she went on to work as a Bartender at
Barocco Beach at The Park Central Hotel. When Barocco moved back to New York, she
worked for Tony Goldman at The Riviera Hotel, and was asked by the Hotel Designer of
The Pelican Hotel to co-design the Bar and opened that Restaurant as the Bar Manager.
Throughout the years, she has traveled worldwide with a Professional Dance Company as
the show producer. In most recent years she has become a free-lance Event Producer,
and was a Finalist in 2006 for Creative Director of The Year by Event Solutions Magazine;
and, whereas while bartending at The Strand, located at 671 Washington Avenue in 1985,
Cheryl noticed a big resurgence of the Martini but more specifically the coolness of holding
a cocktail glass. Her keen observation lead her to notice that people would order a Martini
or a Vodka Martini, but did not necessarily like it all that well, but rather they did it too be
chic. So when Cheryl received a brand new product from her Absolut representative called
Absolut Citron she took on the challenge to create a new "pretty" drink that could be
served in a cocktail; and, whereas Cheryl went to work and whipped up a mixture of
"Absolut Citron, a splash of triple sec, a drop of roses lime juice and just enough cranberry
to make it oh so pretty in pink." She then served it up to her first guest Christina
Solopuerto and within 45 minutes, the entire restaurant had a Cosmopolitan in front of
them. This formula in Cheryl's mind was simply a Kamikaze using Absolut Citron and
adding a splash of cranberry juice. The cocktail was named after the magazine
Cosmopolitan, which had the styles and design she was trying to project with her new
drink with a nod to Natalie Thomas, who was the maitre’d at The Strand at the time, and
Voila! a new cocktail was born; and, whereas a widely publicized photo of Madonna at a
Grammy party with The Cosmopolitan in hand, followed by the Cosmo’s featured presence
in the HBO hit Sex and the City, launched the drink into its contemporary popular culture
orbit. Once The Cosmopolitan or “Cosmo” became known as Carrie Bradshaw’s drink of
choice, the “pretty in pink” drink created here in Miami Beach by Cheryl Cook became a
cultural phenomenon, and, in the judgment of William Grimes, prominent mixologist and
author of Straight Up or On The Rocks (2001):”More than a decade after first being
sighted, it may well be the most universally ordered mixed drink in America. Now
therefore, do we, Office of the Mayor and Commission, of the City of Miami Beach, hereby
proclaim July 31st, 2015 as Cheryl Cook Day in the City of Miami Beach.”
Ms. Cook stated that it is amazing how a small drink can make people come together so many
years later. She thanked Gary Farmer who was the bar owner of where she developed the
Cosmopolitan; Danny Garcia, who championed via social media that the Cosmopolitan Cocktail
deserves to be recognized by the City of Miami Beach. She also acknowledged Commissioner
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Grieco and Jeff Donnelly for their help. She added that her parents met in Miami Beach during
World War II while her father was stationed here and her mother worked at a local shop.
4:32:49 p.m.
PA5 Proclamation To Be Presented To Miami Beach Gay Pride For Their Role In Bringing Residents
And Visitors Together To Celebrate Inclusion, Diversity And The Unique Spirit Of The LGBTQ
Community.
(Sponsored by Commissioner Michael Grieco)
ACTION: Proclamation presented.
Commissioner Grieco called Ivan Cano and David Cook to come to the podium. He
acknowledged TD Bank members Marlon Gutierrez, Jose Luis Paredes, and Christina Vincent.
Ivan Cano thanked the Commission and stated that it is an honor to represent Miami Beach Gay
Pride. This is a community event and he acknowledged everyone including the entire community,
as well as corporate and government sponsors. He called board members Steve Adkins and
George Neary to join them at the podium.
Commissioner Grieco read the proclamation into the record:
“Whereas Miami Beach Gay Pride was established in 2009 to bring residents and visitors
together to celebrate inclusion, diversity and the unique spirit of the LGBTQ community;
and, whereas the event has grown significantly in popularity over seven short years that
the 2015 Miami Beach Gay Pride entertained 130,000 people, drawing attendance not
only from South Florida, but also from throughout the world, to become the largest, free
LGBTQ event of the year in Miami Beach; and, whereas the Pride Parade featured a
sellout number of parade entries, including more than 65 parade contingencies, 35 floats
and 2,700 participants, and the Pride Festival included more than 100 booths highlighting
community organizations, merchandise, and refreshments as well as a “Family Fun
Zone.”; and, whereas Miami Beach Gay Pride expanded to three days for 2015 to include
not only the Sunday Pride Parade and Festival, but also a Friday concert on Lummus Park
with celebrity entertainers and a Saturday Beach Party and Festival with international DJs
and community booths; and, whereas Miami Beach Gay Pride works throughout the year
to produce free, safe, quality, mass-appeal events that are open to all and that create a
truly celebratory experience for the whole community. Now therefore, do we, Office of the
Mayor and Commission, of the City of Miami Beach, hereby proclaim the month of June
2015 as Miami Beach Gay Pride Month In the City of Miami Beach.”
4:36:56 p.m.
PA6 Certificates Of Recognition To Be Presented To Miami Beach Senior High School Students:
Gabrielle Walden, 2015 Silver Knight Winner For Digital And Interactive Media; And Nick Caine,
2015 Silver Knight Honorable Mention In Social Science.
(Sponsored by Mayor Philip Levine)
ACTION: Certificates of Recognition presented.
Mayor Levine stated that The Miami Herald Silver Knight award is very prestigious and one of the
highest awards presented. Today they recognize Gabrielle Walden for receiving this award for
digital and interactive media. Gabrielle thought the school morning announcements needed an
update, so she started a student-run podcast with announcements, community news, and music.
In August 2014, High Tide Radio went online.
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Mayor Levine also recognized Nick Caine (not present) who received an honorable mention in
social science. Mayor Levine additionally stated that City Manager Morales was also a Silver
Knight recipient.
Mayor Levine read the certificate for the record:
“The City of Miami Beach congratulates you for your outstanding achievement. Your hard
work and dedication is an example and inspiration to our community. On behalf of the
Mayor and Commission of the City of Miami Beach, it is my pleasure to recognize
Gabrielle Walden for her prestigious accomplishment as the Miami-Dade County 2015
Silver Knight Winner in Digital and Interactive Media.”
New Item
4:41:21 p.m.
PA7 Certificate of Recognition to Carson Kievman, Director of SoBe Arts and Intelligent Systems.
(Requested by Commissioner Steinberg)
ACTION: Certificate of Recognition presented to Carson Kievman.
Commissioner Steinberg recognized Mr. Kievman and thanked him for all that he does for the
students and community as the Artistic Director for SoBe Arts.
Carson Kievman, Director of SoBe Arts and Intelligent Systems stated that it has been an
amazing ten years serving Miami Beach, the County, and the Country. He has been in contact
with all types of performers including Grammy, Pulitzer, and Academy Award Winners who are
interested in helping the Miami Beach arts. He thanked the City of Miami Beach for its support
and he is happy to have contributed to the culture of the area. The classes will be suspended this
summer but SoBe Arts will continue performing nationwide in the future.
New Item
4:10:58 p.m.
PA8 Presentation To Be Presented To Sharon Ciment For 44 Years Of Being An Educator At The
Hebrew Academy.
(Requested by Vice-Mayor Tobin)
ACTION: Certificate of Appreciation presented to Sharon Ciment for her teaching efforts at the
Rabbi Alexander S. Gross Hebrew Academy for over 44 years.
Vice-Mayor Tobin recognized Ms. Ciment for her many years of dedicated work teaching the
students of the Rabbi Alexander S. Gross Hebrew Academy. He read the proclamation for the
record:
“On behalf of the Mayor and Commission of the City of Miami Beach, we are proud to
recognize Miami Beach resident Sharon Ciment for her 44 years as an Educator in Judaic
Studies at The Rabbi Alexander S. Gross Hebrew Academy. Spanning two generations,
Sharon Ciment shaped the minds, hearts and souls of thousands of her students by giving
them the necessary tools and challenging them to be the best that they could be, both in
and out of the classroom. With her intense passion, infectious enthusiasm and unwavering
dedication, Sharon Ciment was able to teach her students by example, life’s many lessons
by showing them the importance of paying it forward and raising necessary funds for many
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needy causes. Sharon Ciment may have retired from teaching at The Hebrew Academy
but a lasting legacy was created, and that will live on forever.”
CONSENT AGENDA
4:46:12 p.m.
Motion made by Commissioner Grieco to approve the Consent Agenda, except for separated item C4A,
seconded by Commissioner Malakoff; Voice vote: 7-0.
C4 - Commission Committee Assignments
4:46:12 p.m.
C4A Referral To The Land Use And Development Committee Discussion Regarding Alcoholic
Beverages As A Conditional Issue In Commercial Districts.
(Sponsored by Mayor Philip Levine)
ACTION: Item referred. Item separated by Vice-Mayor Tobin. Motion made by Commissioner
Weithorn; seconded by Commissioner Grieco; Voice-vote: 7-0. Thomas Mooney to place on the
committee agenda and to handle.
Mayor Levine stated that this item is in regards to a store that wants to serve champagne inside
the clothing store. He proposed to have this item referred to the Land Use Development
Committee to determine whether this will be allowed.
C6 - Commission Committee Reports
C6A Report Of The July 1, 2015 Finance And Citywide Projects Committee Meeting: 1) General Fund
CSL Update And Proposed Millage Rate. 2) Review Of Proposed Capital Budget. 3) FY 2015/16
General Fund Operating Budget: Potential Efficiencies/Reductions, Potential Enhancements, And
Potential Revenue Enhancements. 4) Proposed Parking Rate Increases. 5) A) Discussion
Regarding Parking Demand Analysis/Walker Parking Consultants; B) Discussion Regarding The
Construction Of A Parking Garage At The 27th Street And Collins Avenue Parking Lot. 6)
Discussion Regarding Whether Or Not To Pursue Food And Beverage Concessions For
Soundscape Park, Collins Park, And The Miami Beach Botanical Garden. 7) Discussion To
Amend The Living Wage Ordinance Insurance Provision In Light Of Obama Care. 8) Discussion
Regarding The Requirement For City Contractors To Provide Equal Benefits For Domestic
Partners. 9) Discussion Regarding A New Lease Agreement Between The City Of Miami Beach
(Landlord) And SB Waxing, Inc. (Tenant) Involving The Use Of Approximately 1,291 Square Feet
Of Ground Floor Retail Space Located At 1701 Meridian Avenue, Unit 3 (A/K/A 771 17th Street),
Miami Beach, Florida (Premises), For An Initial Term Of Five (5) Years, With One (1) Renewal
Option For An Additional Four (4) Years And Three Hundred And Sixty Four (364) Days. 10)
Discussion Of A Resolution Of The Chairperson And Members Of The Miami Beach
Redevelopment Agency (RDA), Accepting The Recommendation Of The Finance And Citywide
Projects Committee, Pursuant To Invitation To Negotiate (ITN) No. 2015-060-LR (The ITN), For
The Leasing Of City-Owned Buildings And Rooftops For The Placement Of Telecommunications
Equipment, And Authorize The Executive Director To Execute A Nine Year And 364 Day Lease
Agreement With Crown Castle NG East, LLC (“Tenant”), Attached And Incorporated Herein As
Exhibit “A,” For Tenant To Operate And Maintain Its Existing Telecommunications Hub On The
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Roof Of The RDA’s Parking Garage Located At 1550 Collins Avenue, With A Monthly Rent Of
$4,000.00. 11) Discussion Regarding A Potential Public-Private Partnership With 1234 Partners,
LTD. For A Parking Garage On The 1200 Block Of Washington Avenue. 12) Discussion
Regarding Land Use & Development Committee And The Planning Board For The Review Of All
Planning Fees, Including Fees Associated With Plans Review, Board Applications And Other
Ministerial Functions. 13) Discussion Regarding A Request From The Parks And Recreation
Facilities Committee For A Competition Swimming Pool. 14) Discussion Regarding A Resolution
Accepting The Recommendation Of The City Manager, Pursuant To Invitation To Negotiate (ITN)
2014-170-SW For A Gated Revenue Control System For The City's Parking Garages; Approving
The Material Terms Of An Agreement Between The City And Skidata, Inc., As Set Forth In The
Term Sheet Attached As Exhibit “A” Hereto; Authorizing The City Manager And The Office of the
City Attorney To Finalize The Agreement Based Upon The Material Terms Approved Herein;
Provided That They May Make Any Non-Substantive And Non-Material Revisions And/Or
Additions To The Agreement, As They Deem Necessary; Authorizing The Mayor And City Clerk
To Execute The Final Agreement; And, In The Event That The City Is Unable To Finalize
Successful Negotiations With Skidata, Inc., Authorizing The City Manager And The Office of the
City Attorney To Negotiate An Agreement With Amano McGann, Inc. Based Upon The Material
Terms Approval In Exhibit “A” Herein (Provided That They May Make Any Non-Substantive And
Non-Material Revisions And/Or Additions To The Agreement). 15) Discussion Regarding The
Transfer, Via Quit Claim Deed, To The Florida Department Of Transportation (FDOT) The
Property Identified In Exhibit “A,” As The Property Has Been Constructed Upon By FDOT And
Utilized As A Turning Lane From Michigan Avenue Onto Alton Road; Containing Approximately
4,014 Square Feet In Total Area; Further Waiving, By 5/7th Vote, The Competitive Bidding
Requirements And Independent Appraisal Requirements Of Section 82-39 Of The City Code,
Finding That The Public Interest Would Be Served By Waiving Such Conditions.
ACTION:
1) General Fund CSL Update And Proposed Millage Rate.
The General Fund CSL Update was adjusted from a surplus of $234,750 (net of the
recommended enhancements and efficiencies/reductions) to $1.4 million due to an additional
$1.2 million available from the change in certified taxable values from the Property Appraiser
on July 1st from 12.0 percent to 13.2 percent.
2) Review Of Proposed Capital Budget.
The Committee recommended removing the following proposed items from the 201512016
Capital Budget:
• Espanola Way Conversion to Pedestrian Mall project estimated at $1.1 million
• The Press Room portion of the City Hall Space Plan project in the amount of $215,000
(PAYGO fund)
• Traffic Circle at 47th Street and Meridian Ave in the amount of $250,000 (Local Option
Gas Tax - 3 Cent Gas Tax fund)
• Additional funding request of $400,000 above the $100,000 already funded for the Tent for
North Beach Bandshell project (Quality of Life – North Beach fund)
• The Committee recommended staff continue to refine the scope of the Commission
Chambers Renovation project.
3) FY 2015/16 General Fund Operating Budget.
The Committee recommended further reducing the millage rate an additional 0.557 mills to
meet the remainder of the millage rate goal of 0.1114.
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The Committee recommended accepting the recommended reductions/ efficiencies with one
change listed below:
• Remove the recommended reduction in City Clerk - Central Services for $27,100 to
eliminate printing of Commission meeting agendas, Commission committee agendas,
Land Use Boards agendas, and annual Budget documents
The Committee recommended accepting the proposed additions and service enhancements
removing the following items listed below:
• Remove $100,000 for the Climate Action Plan in Building-Environmental Management.
• Remove $150,000 for the North Beach Marketing funds in Tourism, Culture, & Economic
Development (funded by Resort Tax)
• Offset 50 percent ($55,000) of the Assistant Director in Tourism, Culture, & Economic
Development from Resort Tax funding.
• Offset the $220,000 cost of the Urban Forestry Tree Preservation Program in Public
Works by budgeting the fee revenue associated with the new program.
• Add $200,000 for Out-of-Region Data Center in information Technology.
• Add $500,000 in a reserve to offset the future cost of the Public Safety Radio project in
Emergency Management/9-l-1.
The Committee also recommended staff bring back information on the Freight Loading Zone
enhancement in Parking to the next meeting.
The net result of the changes above is an unallocated surplus in the General Fund of $17,750.
17
4) Proposed Parking Rate Increases.
The Committee recommended moving this item to Commission with the aforementioned
parking rate increases that have the potential to yield an additional $19 million annually. The
increased revenues would be utilized to fund the more immediate transportation initiatives and
the bonding capacity for the Parking Enterprise Fund. Grand Total: $18,983,000.00.
5) A) Discussion Regarding Parking Demand Analysis/Walker Parking Consultants;
B) Construction Of A Parking Garage At The 27th Street And Collins Avenue Parking Lot.
The Committee recommended staff continue to work on completion of the Walker Parking
Supplemental Report addressing the parking demand analysis for South Beach, North Beach
and Middle Beach. Staff will issue the report via Letter to Commission (LTC) and discuss it at
the next Finance and Citywide Projects Committee meeting.
6) Food & Beverage Concessions For Soundscape Park, Collins Park, And The Miami Beach
Botanical Garden.
The Committee recommended staff continue to work on the negotiations and bring this item
back to the Finance and Citywide Projects Committee when ready.
7) Amend The Living Wage Ordinance Insurance Provision In Light Of Obama Care.
The Committee recommended take no action at this time with regard to amending the Living
Wage Ordinance because of the PPACA and that staff continue to monitor the progress of the
challenges to the Patient Protection and Affordable Care Act (the "PPACA"), as well as any
other changes to the law that may be enacted in the near future.
8) Requirement For City Contractors To Provide Equal Benefits For Domestic Partners.
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The Committee recommended that the Administration move forward with sun setting the Equal
Benefits requirements from contracts and solicitations with vendors.
9) New Lease Agreement & SB Waxing, Inc.
The Committee recommended moving forward with the proposed new lease increasing the
Tenant's gross rental rate from $43.64 per square feet ("PSF") to $53.80 PSF. The stipulated
terms and conditions are for a period of five (5) years, with one (1) renewal option for an
additional four (4) years and three hundred and sixty four (364) days at fair market rent.
10) RDA Resolution For The Leasing Of City-Owned Buildings And Rooftops For The Placement
Of Telecommunications Equipment.
The Committee recommended moving forward with approving and authorizing the RDA to
enter into a lease agreement between the Miami Beach Redevelopment Agency (Landlord)
and pursuant to lnvitation To Negotiate (lTN) No. 2015-060-LR, for the leasing of City-owned
buildings and rooftops for the placement of telecommunications equipment, and authorize the
Executive Director to execute a nine year and 364 day lease agreement with Crown Castle
NG East, LLG for tenant to operate and maintain its existing telecommunications hub on the
roof of the RDA's parking garage located at 1550 Collins Avenue, with a monthly rent of
$4,000.00.
11) Potential Public-Private Partnership With 1234 Partners, LTD.
The Committee took no action as staff provided an update. Staff is scheduled to meet with
the developer 1234 Partners, LTD and will report back to the Finance and Citywide Projects
Committee the results of the meeting.
12) LUDC And Planning Board Review Of Planning Fees.
The Committee took no action. Staff will provide an update at the next Finance and Citywide
Projects Committee meeting.
13) Request From The Parks And Recreation Facilities Committee For A Competition Swimming
Pool.
The Committee recommended moving this item to the full Commission to contract a firm with
experience in the planning, building and operation of public competitive pools to complete an
in-depth feasibility and cost study. The study will! assist the City in taking a thorough look at
site locations, amenities, cost of construction, ongoing operational costs and a 10-year
renewal and replacement plan. The recommended study may also include management
scenarios such as partnerships and contracted services as well as potential funding sources.
14) Resolution For A Gated Revenue Control System For The City's Parking Garages
The Committee recommended that Administration finalize negotiations on the final contract
terms with Skidata, lnc. for a gated revenue control system for the City's parking garages and
moving this item to the full Commission.
15) Transfer, Via Quit Claim Deed, To FDOT The Property Identified In Exhibit “A.”
The Committee recommended moving forward with Administrations recommendation to
waive the competitive bidding requirement and independent appraisal requirement, finding
that the public's interest is best served by waving such conditions. FDOT needs the property
as a turning lane, and has already utilized the area as a turning lane and has maintained the
area for some time for transportation purposes.
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After Action July 31, 2015 Presentation & Awards City of Miami Beach
C6B Report Of The July 17, 2015 Finance And Citywide Projects Committee Meeting: 1) Finalizing
Proposed FY 2015/2016 Operating Budget And Capital Budget; 2) Proposed Water And Sewer
Rates. 3) Stormwater Update.
ACTION:
1) Finalizing Proposed FY 2015/2016 Operating Budget And Capital Budget.
The Committee recommended moving forward with the development of the proposed operating
and capital budget to the full Commission with the following changes:
Operating Budget
• Add one of two requested positions for the City Attorney Fellowship Program
enhancement ($45,000)
• Reduce Parking's Loading Zone Program enhancement from 12 to 8 positions.
Capital Budget
• Add back the Española Way Conversion to Pedestrian Mall project estimated at $1.1
million (Quality of Life - South Beach fund)
• Removal of the Commission Chambers Renovating Project as staff continues to refine the
scope.
2) Proposed Water And Sewer Rates.
The Committee took no action.
3) Stormwater Update.
The Committee took no action.
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After Action July 31, 2015 Presentation & Awards City of Miami Beach
C7 - Resolutions
4:44:54 p.m.
SUPPLEMENTAL MATERIAL: MEMORANDUM & RESOLUTION
C7A A Resolution (1) Adopting The Official Election Certificate Of The Canvassing Board For The
Special Mail Ballot Election Held In The City Of Miami Beach From June 29, 2015 To July 24,
2015, To Determine Whether A Majority Of The Affected Property Owners Approve The Creation
Of A Special Assessment District To Be Known As The Lincoln Road Business Improvement
District; And (2) Setting A public hearing On September 30, 2015 At 5:10 P.M. For The Owners Of
The Property To Be Assessed Or Any Other Interested Persons To Be Heard By The City
Commission As To The Propriety And Advisability Of Making Such Improvements, As To The
Cost Thereof, As To The Manner Of Payment Therefore, And As To The Amount To Be Assessed
Against Each Property So Improved, Following Which The City Commission Shall Meet As An
Equalizing Board To Hear And Consider Any And All Complaints As To The Special Assessments
And To Adjust And Equalize The Assessments On A Basis Of Justice And Right.
(Office Of The City Clerk/Office Of The City Attorney)
ACTION: Resolution 2015-29098 adopted. Item moved with the Consent Agenda. public
hearing scheduled on September 30, 2015 at 5:10 p.m. Office of the City Clerk and Office of
the City Attorney to handle.
REGULAR AGENDA
7:58:02 p.m.
R2A Request Approval To Issue An Addendum To Request For Proposals (RFP) 2015-178-WG, For
Automated Teller Machine (ATM) Services At Various City-Owned Facilities, Amending The RFP
Revenue Proposal Form.
(Procurement)
ACTION: Request approved. Motion made by Commissioner Wolfson; seconded by
Commissioner Grieco; Voice vote: 5-2; Opposed: Vice-Mayor Tobin and Commissioner Weithorn.
Alex Denis to handle.
Rafael E. Granado, City Clerk, stated that item R2A is no longer being deferred per Commissioner
Wolfson’s request.
Kathie G. Brooks, Assistant City Manager, explained that the City Commission approved the
issuance of the RFP for ATM machines back in May. At that time, the proposal form approved
stated that the annual minimum guarantee plus a revenue sharing proposal would be added
together to determine the points awarded to each proposer for their revenue proposal. When they
went out and held their pre-proposal conference, there were a number of concerns expressed by
the potential proposers, which were taken into consideration by the Administration. Initially they
thought the best way was to do it was based on minimum guarantee, but on further analysis that
could significantly skew the results, because since what is important is the percentage of revenue.
That is what they are recommending at this time.
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After Action July 31, 2015 Presentation & Awards City of Miami Beach
R5 - Ordinances
7:28:22 p.m.
R5A Required Enclosures for Rental Car Facilities
An Ordinance Amending Chapter 114 “General Provisions,” Section 114-1, “Definitions,” By
Modifying The Definition Of Commercial Vehicle; By Amending Chapter 142 “Zoning Districts And
Regulations;” Article IV, “Supplementary District Regulations,” Division 1, “Generally” To Modify
The Requirements For Required Enclosures To Create An Allowance For The Outdoor Exposure
Of Rental Car Vehicles; Providing For Repealer; Severability; Codification; And An Effective Date.
4:11 p.m. Second Reading public hearing
(Sponsored by Commissioner Jonah Wolfson)
(Legislative Tracking: Planning)
(Continued from July 8, 2015 - R5C)
ACTION: Title of the Ordinance read into the record. Ordinance 2015-3955 adopted. public
hearing held. Motion made by Commissioner Wolfson; seconded by Commissioner Grieco; Ballot-
vote: 6-0; Absent: Vice-Mayor Tobin. Thomas Mooney to handle.
Mayor Levine opened the public hearing.
Thomas Mooney, Planning Department Director, explained that this is second reading public
hearing approval for an Ordinance that was approved on first reading on June 10, 2015. The
suggestions have been incorporated in the Ordinance. Jeff Oris did the outreach requested and
they recommend approval.
Motion made by Commissioner Wolfson to approve the Ordinance; seconded by Commissioner
Grieco.
Discussion held regarding Conditional Use on Page 33. Mr. Mooney clarified the language for
Commissioner Weithorn.
Handouts or Reference Materials:
1. Notice in The Miami Herald Ad No. 1043
2. Notice in The Miami Herald Ad No. 1045
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After Action July 31, 2015 Presentation & Awards City of Miami Beach
5:43:32 p.m.
R5B Ocean Terrace Overlay - Comprehensive Plan And LDR Amendments
1. Comprehensive Plan - Ocean Terrace Overlay
An Ordinance Amending Policy 1.2 Of The Future Land Use Element Of The
Comprehensive Plan Pursuant To The Procedures In Section 163.3184(3), Florida
Statutes, By Modifying The Medium Intensity Commercial Category (CD-2) And The Mixed
Use Entertainment Category (MXE) To Establish The 'Ocean Terrace Overlay' In Order To
Allow For An F.A.R. Of 3.0 for Residential and Hotel Uses, To Limit Commercial F.A.R. To
1.0; And To Reduce The Maximum Allowable Residential Density To Fifty Units Per Acre
Within Its Boundaries; Providing For Repealer; Severability; Codification; And An Effective
Date. 4:12 p.m. First Reading public hearing
(Sponsored by Commissioner Jonah Wolfson And
Co-Sponsored by Commissioners Michael Grieco, Joy Malakoff & Deede Weithorn)
(Legislative Tracking: Planning)
(Continued from July 8, 2015 - R5I1)
ACTION: Title of the Ordinances read into the record. Item heard in conjunction with R5B-
2. See also companion item R9D. Public hearing held. Ordinance adopted on first
reading. Motion made by Commissioner Wolfson; seconded by Commissioner Malakoff;
Ballot-vote: 6-1; Opposed: Commissioner Steinberg. Second reading, public hearing
scheduled for December 9, 2015. Rafael E. Granado to notice. Lilia Cardillo to place on
the Commission Agenda if received. Thomas Mooney to handle.
City Clerk’s Note: The City will transmit the proposed Comprehensive Plan Amendment
to the applicable review agencies pursuant to F.S. 163.3184(2), and set the
adoption/second reading/public hearing for December 9, 2015.
Mayor Levine opened the public hearing.
Rafael E. Granado, City Clerk requested that the public hearings be opened for both
items, R5B-1 and R5B-2 to allow the public to speak on either or both items.
Thomas Mooney, Planning Department Director, explained that one item is the
Comprehensive Plan Amendment that is a companion to the substantive amendments to
the Land Development Regulations. The Land Development Regulation Amendments
modifies the development regulations, as it pertains to setbacks, height, to FAR (Floor
Area Ration), which is subject to voter approval, to building separation; and it modifies the
permitted, conditional, and prohibited uses within this area. The area limited to, commonly
referred to as the Ocean Terrace Overlay, is that area between Collins Avenue and Ocean
Terrace from 73rd Street to 75th Street.
Mayor Levine asked the individuals in the audience to line up on each side, one for those
wishing to speak opposing the item and others that wish to speak in support.
Neisen Kasdin, Esq., representing Ocean Terrace Holdings, stated that the vision for
Ocean Terrace that Sandor Scher and his partners have is that of an upscale destination
with a beautiful residential and hotel, upper commercial properties on Collins Avenue. It is
being guaranteed by certain changes and concessions they have made since the
beginning of this process, to wit: they have agreed to a reduction in residential density
from 100 units to 50 units per acre; they have agreed and offered a reduction in the
maximum allowable FAR from commercial uses to 1.0 from the 2.0 allowed today in the
area. Therefore, they cannot have a large destination/retail entertainment complex; that is
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After Action July 31, 2015 Presentation & Awards City of Miami Beach
also in the zoning. They have reduced the maximum size of the floor plate at the
recommendation of the Planning Director for the tower portion of the building to 10,000
square feet. They have a prohibition on stores that sell packages of alcoholic beverages,
and in addition, in the Ordinance and in Land Use they have proffered and executed a
voluntary covenant that will restrict the development of this property in a very specific
manner. They are agreeing that in the 11 parcels they intend to control, there will be a
maximum of 70 residential units; which is about 46 units per acre; less than the reduced
density they had proposed. They have agreed to a maximum of 220 hotel rooms, if it is
accompanied by residential development. In the event the market changes and there are
no residential units they will be allowed, but capped, at the existing number of hotel units
which they can build on today, which is at 357. They have agreed in the covenant to a limit
of 11:00 p.m. for entertainment and noise outdoors, and 2:00 a.m. for any outdoor food,
beverages and activities. They have prohibition of single sale of bottles of liquor, and
nothing in the Overlay Ordinance in any way usurps the power of the Historic Preservation
Board with respect to approval of any project, or the Planning Board with respect to
conditional use. Finally, he added that Sandor Scher has worked tirelessly to meet with
every community group and interested party in North Beach, and he has accommodated
and proven that their concerns will be addressed. He stated that some people, such as
residents north of St. Tropez and from Park View Island, are opposed to the project, and
he thinks they are probably concerned with their line of sight; so they did a line of sight
study and it shows a minimal if any impact on the view. Finally, with respect to holding this
up until a North Beach Master Plan is completed, he explained that this is a very specific
two-block neighborhood that is in distress and needs revitalization. North Beach is a
neighborhood of hundreds of blocks. A Master Planning effort for an area this large would
be more of a vision than specifics and could take some time. North Beach has had a
number of good planning efforts over the years; the Town Center, the North Shore Open
Space, the Green Corridor, and others; but it has not yet resulted in the revitalization that
everyone wants. Here you have a group of property owners that have the money, the
willingness and the track record to help turnaround this critical front door of North Beach.
Mayor Levine asked for individuals from each group to give an introduction.
The following individuals spoke in support of the item:
Peggy Benua
Wendy Kallergis
Judith Bishop, is in support, but is concerned with setbacks.
Stanley Shapiro
Marguerite Ramos spoke for herself and on behalf of Carol Housen
Carolina Jones
Willie Quintana read a letter from Carol Housen
Raymond H. Bolduc, II
Ted Berman, P.E.
Jared Green read a statement on behalf of Richard Huff, Normandy Shores HOA.
Brad Benessy is in support, but is concerned about setbacks.
Mathis Cohen
Earl Stewart
The following individuals spoke in opposition:
David Golomb
Kimberlee Blecha
Kathryn Corner
Jeff Donnelly
Nancy Jones Dassell
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After Action July 31, 2015 Presentation & Awards City of Miami Beach
Clotilde Luce
Jo Manning
Christopher Lindemann
Paulette King
Neil Butterfield, Biscayne Beach Neighborhood Association representative.
Mike Bradbury
Tinti Ye
Beth Emerson
Susan White
Sara Ladeca
Grace Dylan read a letter from Gary Leibowitz, President of Blue Condominium
Association.
Sandor Scher, Ocean Terrace Holdings, thanked the community, its leaders, MBDC and
the Chamber of Commerce for their overwhelming support; he is inspired by the
community’s energy and their desire to see this area change. He thanked the Planning
Board for their unanimous support, the City’s Planning and Zoning staff and the Office of
the City Attorney for their work; the City Commission for working tirelessly with the
community and with City staff to make sure all concerns raised, and potential issues not
raised, have been addressed in both changes in the Ordinance and restrictive covenant.
The proposed zoning changes will support the rebirth and revitalization of this special area
in Ocean Terrace and Collins Avenue. His vision is based on bringing the area back to the
quality and vibrancy of its past. It was first developed in the 40s and 50s; however, it has
been neglected steadily in the last decades. They now have an opportunity to create
something very special for the next 100 years that will change the way the community
benefit and live in the area, and the way they are inspired by this area – that is the vision
and the dream they share. They have an opportunity to make the area economically
sustainable, and this vision will be a catalyst for other parts of North Beach to be improved
by high quality developers. He predicted that the current condition of this area is mainly
due to two reasons: one, poor ownership; and two, being the zoning. They have taken
care of the ownership issue, and they are committed to this area for the long term.
Regarding the misconception of increased density in the overlay, he clarified that they
know that density is measured by units per acre; the overlay reduces density by 50% from
100 units per acre to 50 units per acre. Height is not a driver of density. Regarding traffic,
Kimley-Horn performed studies that show that traffic impact is materially less under the
overlay and what the current zoning allows. The City’s analysis, done independently, also
shows that the proposed land use will decrease traffic. Regarding context, as he
discussed with neighbors, St. Tropez is home to 92 residences; this is home to many who
have enjoyed living there for years. The people he has gotten to know are wonderful
community minded people; but it is not possible to go back to the 90s. The building is
here, it is 278 feet tall, and it does define the context. They have demonstrated that the
maximum height in the overlay is lower than in St. Tropez, and it is within context. They
worked for over a year on the zoning, and are here not just because of their commitment,
but because of a ground swell of community involvement and support. The community
wants to beautify the area, reduce crime, be free of buildings that have emergency orders
of demolition on them, buildings that are not safe for occupancy; they want high quality,
full-time jobs in North Beach, world-class hotels and beautiful residences along with a new
and vibrant retail corridor along Collins Avenue. The most common comment from the
community is that they waited a long time for this type of change, and they want to make
sure that they move forward with this vision. He thanked everyone for their time and
commitment for this process.
Mayor Levine closed the public hearing and requested a motion and a second.
F:\CLER\COMMON\2015\07312015 P&A\07312015 FINAL REG.Docx Page 17
After Action July 31, 2015 Presentation & Awards City of Miami Beach
Motion made by Commissioner Wolfson; seconded by Commissioner Malakoff, to approve
both R5B-1 and R5B-2.
Vice-Mayor Tobin lived in North Beach for five years or so and is familiar with the
neighborhood; a few years back there was aggressive homelessness in the area, and in
the last 20 or 30 months, there have been two rapes, one shooting and killing on the
beach about two years ago two blocks from Ocean Terrace, and someone else got killed
coming out of the Bikini Bar. The area is not the best. Clotilde Luce said at prior meetings
that the answer to some of the blight is not only building, but also the problem with some
of these Town Center plans is that they need people to come with the capital. The good
news is that the HPB will talk about the height, and they either can keep it or reduced it;
the HPB can also modify the setbacks, and the board is typically strong and they are sort
of the last fighters in the process. The DRB are also qualified for aesthetics. He hopes the
parking lots will be preserved for residents and the Parking Director has found ways to
keep parking for residents. He thought about not supporting the item, but he knows that
the area needs it, and he cannot oppose out of spite, so he will vote in support.
Commissioner Wolfson has supported this from the beginning, but he wanted to point out
that he is the Chairman of a PAC, which takes no role, whatsoever, for or against this
development, and he stated that “perfect is the enemy of the good.” What they are
proposing is a vast improvement from what they have now in North Beach, with
commercial retail for residents to have a place to go to. This will be a major catalyst and
will move the area in the right direction. Allowing for an additional development is natural
to motivate this massive investment. The prices for these buildings and properties now are
outrageous, and in order to get something done, they need some sort of incentive.
Therefore, he is happy to support this item and find a way to get a deal that works for both
parties. The developer has to make money and the residents need to get a benefit from
that.
Commissioner Weithorn has had a difficult time with this project, as a resident of North
Beach, as it is a big development; however, she still thinks the developer has much more
work to do, such as proffer something that limits the amount of cars that construction
workers bring into North Beach each day, and force them to plan to actually put them in
the neighborhood by 7:30 a.m. so they do not disturb the hundreds of cars that bring
children to the neighborhood. Every time she asked the developers for a concession, they
have answered in a positive way. She is not sure how she will vote on the issue when the
item is presented to the voters, but to not allow the residents to have a vote on something
so pivotal, that will change Ocean Terrace, an area where at times she has fear because
what was there the night before, it still lurking out there and she thinks residents deserve
better than that. Therefore, she is in support to at least to send this to voters. She may
change her mind between now and then, but certainly her friend Carolyn was a big part on
her decision, since Carolyn has two small children that live across the street, and she
wants Carolyn’s children to have the opportunity Commissioner Weithorn had growing up
on North Beach.
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After Action July 31, 2015 Presentation & Awards City of Miami Beach
Commissioner Malakoff stated that she bases her decision on the developer’s track record
for revitalizing historic properties; Sandro has done a wonderful job. Regarding the St.
Tropez, had it not been built, she would probably feel different; then the entire two blocks
could have been preserved in the height and type of zoning that it had originally. Right
now, it cannot be developed well without the additional height or additional FAR. The
developer has done a sensitive job in the development; the density in the number of units
has been reduced by 50% of what is allowable. She was concerned with criminal activity in
the area, with open alcohol containers, and other issues such as entertainment
establishments outdoors, and the developers agreed to have no package liquor stores,
and they have met all the objections as far as being good neighborhood citizens.
Therefore, she is in support, and as everyone has mentioned, this will be a catalyst that
will revitalize North Beach, and it is much needed. The covenant will run with the land as
agreed by the developer, so for hotel units, the cap is 357 and the height is 125 feet, so it
may very well be just a hotel; that remains to be seen. However, even if it is a residential
tower, it is still lower than the St. Tropez; it has a limited size of the tower, and she thinks it
will be wonderful for the neighborhood.
Commissioner Grieco agreed with his colleagues, and stated that this developer has a
track record in the City without comparison, especially when it comes to historic
preservation and in keeping with the character of the neighborhood. He shared a
presentation at Committee some time ago, regarding a massing study up in North Beach,
specifically Ocean Terrace, before the property was purchased. He asked if anyone had
talked to the people that allowed the buildings to be run down about the massing study,
and see if they are interested in doing this; they answered no, and he asked that the
presentation be stopped, because they were spinning their wheels over nothing. Now they
have someone that wants to invest in the area in a responsible way. They have agreed to
a number of conditions, and they keep saying yes to each one; so he is in support of
sending this to the ballot and let the voters decide.
Commissioner Steinberg stated that she sees merits on both sides of the issue and
respects her colleagues and people on both sides of the issue. She understands
developing Ocean Terrace is needed, but she cannot support this on first reading, but
although she will vote no on first read, she will vote to let the people decide and that is her
own philosophical view on the issue.
Raul J. Aguila, City Attorney, stated that there are two Ordinances, and the Commission
will vote on the items separately.
R5B-1
Motion by Commissioner Wolfson; seconded by Commissioner Malakoff; Roll call: 6-1;
Opposed: Commissioner Steinberg.
R5B-2
Motion made by Commissioner Wolfson; seconded by Commissioner Malakoff; Roll call:
6-1; Opposed: Commissioner Steinberg.
Handouts or Reference Materials:
1. Notice in The Miami Herald Ad No. 1043
2. Notice in The Miami Herald Ad No. 1044
3. Email from Kimberlee Blecha kimberleeb@gmail.com dated July 29, 2015 RE: Commission Meeting
7/31/15 requesting to be added to the Speaker’s List to speak mostly in opposition, on behalf of the
Biscayne Beach Neighborhood Association.
4. Email from Neil Butterfield neilbutterfield@yahoo.com dated July 30, 2015 RE: Item R5B, requesting
F:\CLER\COMMON\2015\07312015 P&A\07312015 FINAL REG.Docx Page 19
After Action July 31, 2015 Presentation & Awards City of Miami Beach
to be added to the Speaker’s List to speak in opposition.
5. Email from Katie Comer katiecomer@me.com dated July 29, 2015 RE: Commission Hearing
requesting to be added to the Speaker’s List to speak in opposition.
6. Email from Nancy Dassell ndassell@lnrproperty.com dated July 27, 2015 RE: #R5B Ocean Terrace
Overlay Comprehensive Plan and LDR Amendments requesting to be added to the Speaker’s List to
speak in opposition.
7. Email from Dr. David Golomb sushadavid@bellsouth.net dated July 27, 2015 RE: Commission
Meeting 7/31/15 requesting to be added to the Speaker’s List to speak in opposition.
8. Email from Jeff Donnelly jeffdonn@aol.com dated July 30, 2015 RE: R5B: Ocean Terrace Overlay
requesting to be added to the Speaker’s List to speak in opposition.
9. Email from Kevin Gray kevin@kevingraydesign.com dated July 29, 2015 RE: Historic Ocean Terrace
requesting to be added to the Speaker’s List to speak in opposition.
10. Email from Linda M. Horkitz lindahorkitz@atlanticbb.net dated July 29, 2015 RE: upzoning of Ocean
Terrace area, requesting to be added to the Speaker’s List to speak in opposition.
11. Email from Christopher Lidermann clindermann@gmail.com dated July 30, 2015 RE: Item R5B
requesting to be added to the Speaker’s List to speak in opposition.
12. Email from Clotilde L. Luce clluce@bellsouth.net dated July 30, 2015 RE: requesting to be added to
the Speaker’s List to speak in opposition.
13. Email from Jo Manning jomanning1940@gmail.com dated July 30, 2015 RE: requesting to be added
to the Speaker’s List to speak in opposition.
14. Email from Judith Bishop judibish@aol.com dated July 30, 2015 RE: Ocean Terrace requesting to be
added to the Speaker’s List to speak in favor.
15. Email from Brad Bonessi brad.bonessi@gmail.com dated July 27, 2015 RE: Commissioners meeting
4:00 pm Ocean Terrace overlay #R5B, requesting to be added to the Speaker’s List to speak in favor.
16. Email from David Custin, custindr@davidrcustin.com dated July 26, 2015 RE: City Commission, Item
R5B – July 31, 2015 Meeting – Ocean Terrace Overlay District Project, with attached Fact Sheet.
17. Email from Rafael Granado dated July 30, 2015 RE: Speakers List – R5B Ocean Terrace.
18. Email from Fatima Perez dated July 30, 2015 RE: R5B Ocean Terrace Overlay and attachment “The
Secretary of the Interior Standards.doc.
19 .Email from Miami Design Preservation League info@mdpl.org dated July 29, 2015 RE: MDPL Action
Alert: OCEAN TERRACE UPZONING THREAT.
20. Email from Raymond Bolduc rbolduc@onesothebysrealty.com dated July 31, 2015 RE: Support for
the proposed changes in the Ocean Terrace Overlay district requesting to be added to the Speaker’s
List to speak in favor.
21. Email from Margueritte Ramos margmiami@gmail.com dated July 30, 2015 RE: Ocean Terrace
Overlay requesting to be added to the Speaker’s List to speak in favor.
22 .Email from Theodore Berman teddyberman@icloud.com dated July 30, 2015 RE: Ocean Terrace
Overlay District requesting to be added to the Speaker’s List.
23. Email from Orald Stewart miamimillwrights@hotmail.com dated July 30, 2015 RE: Project expressing
his support.
24. Email from David Custin custindr@davidrcustin.com dated July 30, 2015 RE: Project forwarding an
email from Orald Stewart dated July 30, 2015.
25. Email from Gary Lebowitz garyleib@aol.com dated July 31, 2015 RE: Support of the proposed
changes in the Ocean Terrace Overlay District.
26. Email from Steve Zimmer szimmer111@hotmail.com dated August 1, 2015 RE: Opposing high-rise
condominium buildings on Ocean Terrace.
27. Email from William Cary williamhcary@aol.com dated July 31, 2015 RE: Opposing the proposed
upzoning of Ocean Terrace.
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After Action July 31, 2015 Presentation & Awards City of Miami Beach
5:43:32 p.m.
2. Ocean Terrace Overlay - LDR Amendments
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 III
"Overlay Districts," Creating Division 10 "Ocean Terrace Overlay", To Modify The
Applicable Setbacks And Allowable Encroachments, Increase The Allowable Height To
250 Feet For Residential Uses And 125 Feet For Hotel Uses, Increase The Allowable
Floor Area To 3.0 For Residential and Hotel Uses, To Limit The Allowable Floor Area For
Commercial Uses To 1.0, To Limit The Maximum Floorplate Of The Tower Portion Of New
Buildings, To Provide A Minimum Building Separation For The Tower Portion Of New
Buildings, To Modify The Allowable Main, Conditional, Accessory And Prohibited Uses;
Providing For Repealer; Severability; Codification; And An Effective Date. 4:12 p.m. First
Reading public hearing
(Sponsored by Commissioner Jonah Wolfson And
Co-Sponsored by Commissioners Michael Grieco, Joy Malakoff & Deede Weithorn)
(Legislative Tracking: Planning)
(Continued from July 8, 2015 - R5I1)
ACTION: Title of the Ordinances read into the record. Item heard in conjunction with R5B-
1. See also companion item R9D. Public hearing held. Ordinance adopted on first
reading. Motion made by Commissioner Wolfson; seconded by Commissioner Malakoff;
Ballot-vote: 6-1; Opposed: Commissioner Steinberg. Second reading, public hearing
scheduled for December 9, 2015. Rafael E. Granado to notice. Lilia Cardillo to place on
the Commission Agenda if received. Thomas Mooney to handle.
Pursuant to Section 2-13 of the Code, motion accepting the Land Use and Development
Committee’s recommendation of this Ordinance made by Commissioner Malakoff,
seconded by Commissioner Grieco; Voice Vote 6-1; Opposed: Commissioner Steinberg.
City Clerk’s Note: The City will transmit the proposed Comprehensive Plan Amendment
to the applicable review agencies pursuant to F.S. 163.3184(2), and set the
adoption/second reading, public hearing for December 9, 2015.
Handouts or Reference Materials:
1. Notice in The Miami Herald Ad No. 1043
2. Notice in The Miami Herald Ad No. 1044
3. See list of emails with R5B-1.
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After Action July 31, 2015 Presentation & Awards City of Miami Beach
7:31:18 p.m.
R5C An Ordinance Amending Chapter 46 Of The Miami Beach City Code, Entitled "Environment,"
Article II, "Care And Maintenance Of Trees And Plants," Division 2, "Trees"; At Section 46-59
Entitled “Tree Work Permit Application Processing, Requirements, And Review” To Authorize The
City Commission To Adopt By Resolution, A Fee Schedule Relating To Implementing The Tree
Code; Providing For Repealer; Codification; Severability; And An Effective Date. 4:13 p.m.
Second Reading public hearing
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Public Works)
(First Reading on July 8, 2015 - R5S)
ACTION: Title of the Ordinance read into the record. See action with R7B. Ordinance 2015-3956
adopted. Public hearing held. Motion made by Commissioner Malakoff; seconded by
Commissioner Weithorn; Ballot-vote: 7-0. Eric Carpenter and Mark Williams to handle.
Eric Carpenter, Public Works Director, explained that this is a minor amendment to the Ordinance
that allows them to set the fees for the tree permits by Resolution. This is the Ordinance that gives
them the flexibility; since it is a new program they put together (and there is a companion item in
the Agenda that sets those permit fees by Resolution). They have also anticipated how long it
takes from staff time to do the reviews and field inspection and the cost is reflected, but they want
to have the flexibility if it needs the change that they can do it by Resolution.
Handouts or Reference Materials:
1. Notice in The Miami Herald Ad No. 1043
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After Action July 31, 2015 Presentation & Awards City of Miami Beach
R7 - Resolutions
4:51:09 p.m.
R7A A Resolution Approving, Following First Reading/public hearing, A Development And Ground
Lease Agreement, As Authorized, Respectively, Under Section 118-4 Of The City Code, Sections
163.3220 - 163.3243, Florida Statutes, And Section 82-37 Of The City Code, Between The City
And Portman Miami Beach, LLC (“Portman”), For The Development Of An 800-Room Convention
Headquarter Hotel And Related Facilities, Including Up To 95,000 Square Feet Of Conference
And Ballroom Facilities, And Up To 37,400 Square Feet Of Restaurant Facilities (The “Hotel”), On
An Approximately 2.65 Acre Site On The 1700 Block Of Convention Center Drive, Bounded
Roughly By The Miami Beach Convention Center To The North, 17th Street To The South, The
Fillmore Miami Beach At The Jackie Gleason Theater To The East, And Convention Center Drive
To The West (The “Leased Property”); Delineating The Conditions For The Design, Construction,
Equipping And Operation Of The Hotel On The Leased Property, With No City Funding Therefore;
Providing For A 99-Year Term Of The Leased Property Once Certain Conditions Are Satisfied;
Prohibiting Gambling Establishments On The Leased Property; And Providing For Annual Base
Rent To The City, After The Hotel Opens, Of A Fixed Percentage Of The Gross Revenues Of The
Hotel, Among Other Rent; And Further Setting The Second public hearing And Final Reading Of
The Development And Ground Lease Agreement For A Time Certain. 4:10 p.m. First Reading
public hearing
(Office of the City Manager/Office of the City Attorney)
ACTION: Resolution approved on first reading. Title of the Resolution read into the record.
Public hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Grieco;
Voice-vote: 6-1; Opposed: Commissioner Wolfson. Second reading, public hearing scheduled for
September 2, 2015 at 11:00 a.m., at Miami Beach City Hall, Commission Chambers, Third Floor,
1700 Convention Center Drive, Miami Beach, Florida. Rafael E. Granado to notice. Lilia Cardillo
to place on the Commission Agenda if received. Office of the City Manager and Office of the
City Attorney to handle.
Maria Hernandez, Convention Center Capital Projects Director, introduced the item. She
explained that they have been under negotiations with Portman Holdings for several weeks, and
that they have a brief presentation for the public. She added that Jack Portman is present at the
City Commission meeting.
Commissioner Weithorn stated that the most important points of the deal should be highlighted
before the members of the public speak.
Jeff Sachs, Strategic Advisory Group, Consultant, gave a presentation on the history of the
Convention Center’s renovation process. The July 28, 2015 presentation to the Planning Board is
available online, and he encouraged all present to view it. Mr. Sachs went through the most
important lease terms, including: no City funding, approval requirement from the Design Review
Board, no gambling, lessee must contribute to Art in Public Places, 80% room blocks, etc.
PowerPoint presentation shown. Click here to view.
Frank Del Vecchio stated that the Convention Center hotel will be great for business and revenue.
His concern as a resident is what impact it will have on traffic. He read the traffic study, which
states that traffic will decrease, because most people will walk and not use their vehicles. He
concluded by saying that the hotel will offer the complete Convention Center package.
Peggy Benua, Chair of the Greater Miami Beach Hotel Association, and Wendy Kallergis,
President and CEO of the Greater Miami Beach Hotel Association, expressed their support and
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After Action July 31, 2015 Presentation & Awards City of Miami Beach
excitement for the new Convention Center hotel, which will bring in more conventions and fewer
trade shows.
William Talbert, President & CEO of The Greater Miami Convention & Visitors Bureau, stated that
they are in favor of the Convention Center hotel. This will bring medical and pharmaceutical
conventions to Miami Beach, and people will be able to walk to the Convention Center rather than
drive.
Gene Prescott, owner of the Alexander Hotel, expressed support.
Howard Herring, President of New World Symphony, is in favor of the hotel and is proud of the
partnership they have formed with the City; it is extremely productive. They are more prominent
as an institution because of this partnership. He mentioned that there are some issues such as
the future role of 17th Street and the proposed light-rail transportation that they would like to
discuss with the City.
Mayor Levine asked if anyone in the audience wants to speak in opposition.
David Kelsey is not opposed or in favor of the hotel, but is concerned with its proximity to the
Jackie Gleason Theatre. He believes there could be a better location for the hotel, which he also
suggested should be 10-stories high and not the planned 30-stories.
Mayor Levine asked to have a motion and a second.
Moved by Commissioner Malakoff; seconded by Commissioner Grieco.
Commissioner Grieco respectfully disagreed with Mr. Kelsey’s comments. Commissioner Grieco
believes the location is adequate, since the hotel will be buffered from all of the residential
properties. Regarding the height of the building, there are 15 buildings in the City that far exceed
the height of this proposed building; it will not affect anyone’s view and he strongly supports this
project and will vote for it today and when it goes to Referendum. He asked to add some
amended language to the Resolution to include: 1) that there be no tax resort or sales rebates, if
any rebates were to be requested or received, it would have to go back to the ballot and be
classified as “injection of public funds” and need to pass 6/7th vote by the Commission and go
back to the voters; 2) a provision that disallows nightclub in that area, between first and second
reading define what a nightclub or entertainment establishment is, and 3) the concept of rebates
from other hotels. He will add language from Section 4.5 to be changed to prohibit change in any
sort of tax abatement.
Raul J. Aguila, City Attorney, clarified that this amendment would prohibit tax abetments, rebates,
subsidies, or other similar funding for the project.
Mayor Levine asked a procedural question to City Attorney Aguila on whether they should vote at
this moment to add Commissioner Grieco’s amendment, to which City Attorney Aguila explained
the process.
Vote on the Amendment:
Moved by Commissioner Grieco, Commissioner Wolfson seconded the motion.
Commissioner Malakoff stated that this is the first time that she is hearing about rebates or other
types of funding and would like clarification of how that affects the Convention Center hotel.
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After Action July 31, 2015 Presentation & Awards City of Miami Beach
Rafael Paz, First Assistant City Attorney, stated that the question is whether to vote on the
amendment to add language to Sections 4.4 and 4.5 to provide any changes with regard to the no
tax rebate provision to require 6/7 approval and voter referendum, whether that amendment
should be accepted now, or whether to withdraw the motion and bring up on second reading.
Commissioner Malakoff prefers to discuss further with Counsel prior to adding the language to the
motion to approve the hotel project with the lease that is before the City Commission.
City Attorney Aguila suggested voting on whether to approve the amendment. If it fails, they will
go back to the original motion. He reminded the City Commission that there will be a second
reading.
Commissioner Grieco withdrew his motion and honors his second for Commissioner Malakoff’s
original motion to approve as-is only on first reading.
Commissioner Malakoff read a letter from a resident who lives close to the Convention Center,
Sheryl Gold, into the record: “The hotel is surely needed in order to support the newly renovated
Convention Center. There are many advantages to the Portman proposal. There will be no cost to
the taxpayer as there are no public funds involved, it will be wholly financed by the developer.
One of the major hotel management chains will operate the hotel. The existing parking lot will turn
into a major revenue source, far exceeding the current income, very far exceeding. It will help
reduce traffic and congestion, one of the City’s major problems, by decreasing the number of cars
rented or used by convention attendees. It will help retain Art Basel and other major high profile
events by providing easy access to the attached Convention Center.”
Commissioner Weithorn stated that they should look at this project as an investment. They are
spending half a billion dollars on the Convention Center; a great deal of the business will not
commit to the City without a Convention Center hotel. She believes that people in the surrounding
neighborhood recognize that. She thinks it is important to discuss impact fees not just presently,
but also future fees; the City will be getting revenue from this investment. It is important to look at
how the money will be used, there should be parameters on how the funds will go back to the
public, and she would like a substantive explanation on this matter.
Mayor Levine suggested considering to put this on the Agenda as a discussion item.
Commissioner Wolfson stated his concern that the proposer and lessee are different companies,
and as such, the City is giving a bid to a non-bidding entity. Portman Holdings, LLC is the
proposer, whereas Portman Miami Beach, LLC is the awarded entity. He has read the RFP, and
nowhere does it state that the City could enter a lease with a non-bidding proposer. Portman
Miami Beach, LLC was not the entity the City agreed to bid with, the developer is the bidding
entity. He is concerned they may be dealing with a shell company. He added that the City Code
requires an appraisal, yet he does not see any indication that one has taken place. He does not
believe the agreement is legally sufficient to conduct the lease.
Rafael Paz, First Assistant City Attorney, stated that in the Resolution, as contemplated in the
RFP, Portman has identified a single-purpose entity: Portman Miami Beach, LLC, which was
pursuant to the RFP. The lease document was issued by addendum as part of the RFP. The City
requested that the proposer identify that this is a common way to hold real estate assets. Portman
Holdings is an affiliate of the LLC; they released an addendum with the lease itself with a 100-
page draft. The draft had an appendix to designate an LLC to hold the asset.
Discussion continued regarding Portman Miami Beach, LLC. being the lessee.
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After Action July 31, 2015 Presentation & Awards City of Miami Beach
Raul J. Aguila, City Attorney, stated that the appraisal will be final by second reading of the
Resolution.
Vice-Mayor Tobin thanked the Portman Company for what has been a very difficult process. he
listened to hours of negotiation recordings between the City and Mr. Portman was always a
gentleman who allowed the City access files. He stated that the City held a bidding process in
order to get the best operator in the world to be in charge of the Convention Center hotel, and in
this case, Jack Portman got the bid. He does not believe Portman Miami Beach, LLC is a shell
company without assets, because it will own a $400 million hotel. In the event of a catastrophe,
the City has insurance. Regarding traffic concerns, he stated that if the City Commission commits
to changing its booking policy, having conventions rather than trade shows, traffic would diminish.
Mayor Levine asked if anyone else had any comments.
Commissioner Wolfson stated, for the record, that this is a non-representative discourse, and the
majority of Miami Beach residents do not share the City Commission’s view. He added that they
only have one bidder for the project, who has no incentive whatsoever to give the City a good
deal. He concluded by stating that the traffic study was inaccurate, because the study was
influenced by the City to provide positive results.
Vice-Mayor Tobin stated, for the public, that the traffic expert was retained by the City, and they
selected the study to be fiduciary. The study was paid for by the City, and he doubts anyone
would consider wrongdoings took place.
Commissioner Steinberg agreed in bringing back the issue of the tax rebate.
Commissioner Malakoff motioned; Commissioner Grieco seconded. Roll Call: 6-1; Opposed:
Commissioner Wolfson.
Jack Portman thanked the City Commission for their support; they are happy to have the
opportunity to make this civic and financial contribution. They want to be a good neighbor in the
community.
Handouts or Reference Materials:
1. Notice in The Miami Herald Ad No. 1042
2. Notice in The Miami Herald Ad No. 1043
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After Action July 31, 2015 Presentation & Awards City of Miami Beach
7:33:19 p.m.
R7B A Resolution Pursuant To Section 46-59, Of The City Code, Entitled “Tree Work Permit
Application Processing, Requirements, And Review”; Creating And Adopting The Tree Code
Permit Fee Schedule As Delineated In Exhibit “A”; Which Fee Schedule Implements All Fees
Relating To Chapter 46, "Environment," Article II, "Care And Maintenance Of Trees And Plants,"
Division 2, "Trees," Sections 46-56 Through 46-90. 4:13 p.m. public hearing
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Public Works)
ACTION: Resolution 2015-29099 adopted. Title of the Resolution read into the record. Motion
made by Commissioner Malakoff; seconded by Commissioner Weithorn; Voice-vote: 7-0. Eric
Carpenter and Mark Williams to handle.
No discussion held.
Handouts or Reference Materials:
1. Notice in The Miami Herald Ad No. 1043
4:47:02 p.m.
R7C A Resolution Setting 1) The Proposed Millage Rate; 2) The Required Debt Service Millage Rate;
3) The Calculated “Rolled-Back” Rate; And, 4) The Date, Time, And Place Of The First public
hearing To Consider The Millage Rates And Budgets For Fiscal Year (FY) 2015/16; Further
Authorizing The City Manager To Transmit This Information To The Miami-Dade County Property
Appraiser In The Form Required By Section 200.065, Florida Statutes.
(Budget & Performance Improvement)
ACTION: Resolution 2015-29100 adopted. Title of the Resolution read into the record. Motion
made by Commissioner Grieco; seconded by Commissioner Malakoff; Voice-vote: 7-0. John
Woodruff to handle.
City Clerk’s Note: First public hearing on the budget is set for September 10, 2015 at 5:01 p.m.
John Woodruff, Budget and Performance Improvement Director, introduced the item. This sets the
first public hearing for September 10, 2015. It sets the millage rate included in the TRIM statement
that goes out to all property owners that will be sent out by the property appraiser on August 24,
2015 and sets the ceiling for the budget process. From this point on the millage rate can go down,
but it cannot be increased without sending a new trim notice. This also sets the first public hearing
for September 10, 2015.
Commissioner Grieco asked for further explanation of the millage rate.
Mr. Woodruff stated that this proposed millage rate meets the millage rate goal from the FY 2011
budget process where the millage rate was increased 0.114 mills to deal with the recession and
lower property values. It is a big step they have been working for the last four or five years. As a
result, there will be a small decrease in property taxes in the City of Miami Beach.
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After Action July 31, 2015 Presentation & Awards City of Miami Beach
4:49:45 p.m.
R7D A Resolution Of The Board Of Directors Of The Normandy Shores Local Government
Neighborhood Improvement District Setting 1) The Proposed General Operating Millage Rate For
The Normandy Shores Neighborhood Improvement District; 2) The Calculated Rolled-Back Rate;
And, 3) The Date, Time And Place Of The First public hearing To Consider The Operating Millage
Rate And Budget For Fiscal Year (FY) 2015/16; Further Authorizing The City Manager To
Transmit This Information To The Miami-Dade County Property Appraiser In The Form Required
By Section 200.065, Florida Statutes.
(Budget & Performance Improvement)
ACTION: Resolution 2015-29101 adopted. Title of the Resolution read into the record. Motion
made by Commissioner Malakoff; seconded by Commissioner Grieco; Voice-vote: 7-0. John
Woodruff to handle.
City Clerk’s Note: First public hearing on the budget is set for September 10, 2015 at 5:01 p.m.
John Woodruff, Budget and Performance Improvement Director, introduced the item, which sets
the millage rate for the Normandy Shores District. The budget is actually $4,000 more than last
year and the millage rate is being reduced by almost 11%. The Normandy Shores Homeowners
Association has approved the proposed millage rate.
7:34:09 p.m.
R7E A Resolution Accepting The Written Recommendation Of The City Manager (As Set Forth In The
City Commission Memorandum Accompanying This Resolution) And Waiving, By 5/7th Vote, The
Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City,
And Approving And Authorizing The City Manager (On Behalf Of The City) And City Clerk To
Execute An Agreement With Woosh Miami Beach LLC, In Connection With The Implementation,
Management And Operation Of A Pilot Program For A Citywide Network Of Smart Drinking Water
Stations, For An Initial Term Of Three (3) Years, With One Renewal Option Of One (1) Year, At
The City’s Sole Discretion; Which Agreement Shall, At A Minimum, Contain The Essential
Provisions Contained In The Term Sheet Set Forth As Exhibit “A” To This Resolution; And Which
Final Negotiated Agreement Shall Be Subject To Legal Review And Form Approval By The Office
of the City Attorney.
(Office of the City Attorney)
ACTION: Resolution 2015-29102 adopted. Motion made by Commissioner Grieco; seconded by
Commissioner Wolfson; Voice-vote: 7-0. Office of the City Attorney to handle.
Raul J. Aguila, City Attorney, stated that they are asking for a waiver of competitive bidding so the
City can contract with Woosh Miami Beach, to install a pilot program of 25 smart drinking stations
throughout the City in locations of the City’s choosing. A Term Sheet is attached on Page 343 of
the Agenda. The Term Sheet is for an initial three-year term with a one-year option from the
operational rolled out date, when the first station is in effect. There is an initial City contribution of
estimated $140,000 for utility connections, and Woosh has agreed to reimburse the City that initial
outlay during the first agreement year after September 1st, 2016. They also will be responsible for
utilities for these water stations. He added that on the concession fees, part of the revenue are
generated from advertisement and sponsorship revenue, so they want to be able to install
advertising on these stations, and in order to do that, when they bring the agreement to the City
Commission, based on the Term Sheet, they will need to have a Code amendment in order for
them to be able to place advertisement on these water stations. The remaining revenues to the
City will be based upon a percentage of operational revenues. They have the standard
concession agreements requirements for the 25 stations. They are asking that the City
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After Action July 31, 2015 Presentation & Awards City of Miami Beach
Commission look at the Term Sheet, and if approved, they will negotiate an agreement with
Woosh, subject to the Term Sheet. The next thing then to come in front of the City Commission
will be a Code amendment permitting the advertisement, as this right now is not permitted.
Motion made by Commissioner Grieco; seconded by Commissioner Wolfson.
Commissioner Steinberg thinks this is a fabulous and innovative project, great for the environment
and will hopefully take plastic bottles off the streets as another alternative. Commissioner
Steinberg thinks this can be a win-win; the only concern is the advertising. She feels they need to
minimize advertising and suggested coming up with an alternate model so that they do not have
to do the advertisement.
Gisela Torres, Senior Assistant City Attorney, explained that the revenue projections are strictly
based on the operational revenues received just from the sale of the water; they do not project
any earnings from advertising or sponsorship. One of the things they are asking for is direction
from the City Commission as to whether they can have advertising on the screen itself, which tells
how many bottles were saved; they can give you advertising of any sort, right on the screen, or
there can be advertising as cumbersome as wrapping the entire water station, which is about 5’ 8”
in height. She asked for guidance before moving to the next step and having a Code amendment.
Mayor Levine asked what they do with the bike program as far as advertising.
Ms. Torres answered that the bike program advertises on the kiosks and on the bicycles
themselves on the basket and all bicycles have City sponsorship.
Commissioner Grieco stated that this is a revenue sharing program, it helps the City and provides
a service; they do it for the garbage cans, for the bikes, and now for the water stations and he is in
full support. They are talking about getting people to stop using plastic bottles, to get litter off the
street, to make water available to everyone, from the needy to the thirsty people. There is already
a screen on there, where the advertising will be placed. This is 2015, and it is ok to have some
advertising out there; more so if it benefits the City. Miami Beach is the first City in the country
who they approached to do this. Commissioner Grieco feels they should allow it.
Commissioner Malakoff stated that the Code amendment would read “the City’s Code would need
to be amended to permit advertising on City property and reviewed by the Planning Board.” She
agrees Woosh is a great idea and she has no objection to advertising on touch screen, but
hesitates to open up advertising on City property in general, as it would go then to parks and
benches, and that is something they do not want in the City of Miami Beach.
Commissioner Weithorn explained that the bicycle advertising was done because they thought it
would go away at a later date, but she will not support a program where advertising is part of the
deal. She will vote no for this and any other item where there is advertising involved. In answering
Mayor Levine, she stated that she is agreeable with ads onscreen.
Commissioner Wolfson agrees with Commissioner Grieco and is in support of the item.
Vice-Mayor Tobin stated that whenever they discussed advertising over the last seven years, the
City Attorney reminded them that if they made any concessions for advertising that it opens up
challenge to advertising everywhere in the City. Currently there are strict prohibitions that it would
be difficult for someone to challenge. He is not in support of any type of advertising, although he is
agreeable with advertising on the screen. He asked why they waived competitive bidding. He
asked if DRB will look at the aesthetics.
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City Attorney Aguila stated that this was a proposal brought to the Sustainability Committee, it
was not bid out, it is the first time done in this country because of the uniqueness of the program
and the technology used.
Discussion held.
Mayor Levine thinks they agree with advertising on screen.
Discussion continued.
Commissioner Grieco stated that Code amendment action is not in front of the Commission today,
all they have in front for action is the Term Sheet and going into negotiations with Woosh; if they
want a future conversation specifically on advertising, then they can control what is going on.
Ms. Torres asked for direction in terms of whether the advertisement will be permitted on the
screen. She suggested making this subject to approval.
7:48:03 p.m.
R7F A Resolution Calling For A November 3, 2015 Special Election For The Purpose Of Submitting To
The Electorate Of The City Of Miami Beach, Florida, A Question Asking Whether Miami Beach
City Charter Section 1.03(b)(4) Should Be Amended To Require A 4/7th Planning Board Vote And
A 7/8th Vote Of The Miami Beach Redevelopment Agency To Approve The Sale, Exchange,
Conveyance Or Lease Of 10 Years Or Longer Of Property Owned By The Miami Beach
Redevelopment Agency.
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
ACTION: Resolution 2015-29103 adopted. Motion made by Commissioner Grieco; seconded by
Commissioner Steinberg; Voice-vote: 7-0. Office of the City Attorney to handle.
Commissioner Grieco explained that during a past RDA meeting, there was an item that required
a 6/7th vote, but there were eight members on the RDA. This is a clean-up item to make it a 7/8th
vote for the RDA to approve the sale or lease of a property in the RDA.
Commissioner Weithorn stated that they should urge the State Legislature that they should let the
public vote on sales and transfers of other sensitive properties, such as that belonging to the
Housing Authority, which is not the City’s role, in line of what they are doing.
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After Action July 31, 2015 Presentation & Awards City of Miami Beach
7:23:41 p.m.
R7G Request For Final Negotiations And Approval Of Tier 1 Final Contract Adding Economic Analysis
And Recommendations For Town Center And West Lots With Dover, Kohl And Partners For
Master Plan For North Beach District.
(Sponsored by Commissioner Joy Malakoff)
ACTION: Motion made by Commissioner Malakoff; seconded by Commissioner Weithorn; Voice-
vote: 7-0. Item approved as amended. Jeff Oris to handle.
Direction/Amendments:
• Master Plan Area Vision, without further community input as that has already taken place.
• Master Plan Area Vision to include the West Lots and the Town Center.
• Include economic analysis and recommendations included in Tiers 2 and 3.
• Give staff ability and flexibility to do a change order to consider additional community input;
built-in as contingency.
Jeff Oris, Economic Development Director, stated that staff negotiated with Dover, Kohl and
Partners, per City Commission’s instructions, and they have provided three scopes of work for
their consideration.
Commissioner Malakoff reviewed the plan carefully and spoke with each member of the Blue
Ribbon Panel for North Beach; they had recommended Tier 3 at $430,250; so she analyzed Tiers
1, 2 and 3 to see what the differences were and to see what the Planning Department could do.
She gave examples of the different Tiers and what the Planning Department has in house. She is
recommending voting on Tier 1, with two exceptions that she would like to add: 1) creating the
Master Plan Area Vision without community meetings since those have already been held for over
a year, and what they are really missing are the West Lots and the Town Center; they are doing
the land development regulations FAR study design guidelines, but they need to include the
economic analysis and recommendations that were included in Tiers 2 and 3.
Commissioner Weithorn agrees, but in the event that Ocean Terrace becomes more
controversial, or if it should fail and something changes and they need to have additional
community meetings, she would like to give staff the ability and flexibility to add that on and
perhaps do a change order.
Kathie G. Brooks, Assistant City Manager, recommended building it in as a contingency.
Commissioner Malakoff agrees and moved the item; seconded by Commissioner Weithorn.
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After Action July 31, 2015 Presentation & Awards City of Miami Beach
R9 - New Business and Commission Requests
R9A Discuss Storm Water Pump Stations Policy.
(Planning)
ACTION: Item deferred to the September 2, 2015 City Commission Meeting.
R9B Presentation On The Beautification Of Alton Road Flyover Bridge At The Eastern End Of I-395.
(Public Works)
ACTION: Item deferred to the September 2, 2015 City Commission Meeting.
7:15:18 p.m.
R9C Discussion Concerning Waiving Remaining City Fees And Charges For The “Dwayne Have A
Heart Foundation 5K/Run Walk,” To Benefit The Dwayne Have A Heart Foundation, Inc.
(Requested by Commissioner Michael Grieco)
ACTION: Discussion held. See action with Item R9G. Patricia Walker to handle.
7:13:12 p.m.
R9D Request The City Attorney Prepare Ballot Language For A Vote By The City Of Miami Beach
During The November 3, 2015 Election To Increase The FAR For The Proposed Ocean Terrace
Overlay District.
(Sponsored by Joy Malakoff)
ACTION: Request approved. See also comments and actions with R5B-1 and R5B-2. Motion
made by Commissioner Malakoff; seconded by Commissioner Wolfson; Voice-vote: 7-0. Office of
the City Attorney to handle.
Commissioner Malakoff explained that this is a request for the City Attorney to prepare ballot
language for a vote by the City of Miami Beach during the November 3, 2015 Election to increase
the FAR for the proposed Ocean Terrace Overlay District.
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After Action July 31, 2015 Presentation & Awards City of Miami Beach
7:49:32 p.m.
R9E Discussion Regarding What Rights The City Has To Take Away Mount Sinai's Grant Of 15 Million
Dollars Due To Their Being Bad Corporate Citizens.
(Sponsored by Commissioner Jonah Wolfson)
ACTION: Discussion held. No action taken.
Commissioner Wolfson explained that the item (Baptist Healthcare proposal to place a healthcare
facility in South Beach) was approved and over, but he was against giving the money to Mount
Sinai in the first place, and thought that the way Mount Sinai acted throughout the process was
opposite of what a good corporate citizen would do when in the healthcare industry. He
understands that it is a business, but it is a business of health. After the City promised $15 million,
Mount Sinai opposed Baptist’s efforts to bring good quality healthcare to South Beach, and they
did it on a basis of concerns about traffic in Miami Beach.
Vice-Mayor Tobin asked if in the last 60 days Commissioner Wolfson had spoken to any
Executive Board Members at Mount Sinai Hospital about giving money or making payments for
the PAC Relentless for Progress. His understanding is that Commissioner did ask, and was
turned down.
Discussion held.
Mayor Levine stated that this question is not germane to the discussion and reiterated not to have
any personal attacks at this point.
Discussion held and no action was taken.
7:53:26 p.m.
R9F Request From The Miami-Dade County Supervisor Of Elections For Permission To Do Absentee
Voter Outreach, Pursuant To Florida Statutes 101.655, To Electors Residing In Assisted Living
Facilities (ALFs) And Nursing Home Facilities Located Within The City Of Miami Beach for the
Upcoming November 3, 2015 Elections.
(Office of the City Clerk)
ACTION: Request approved by acclamation. Office of the City Clerk to handle.
DIRECTION:
Move forward and determine the cost of this program.
Rafael E. Granado, City Clerk, stated that the Miami-Dade County Supervisor of Elections would
like to reach out to electors residing in Assisted Living Facilities (ALFs) and Nursing Home
Facilities to provide them with absentee ballots for the upcoming November elections. This
service will have a cost, but before determining the cost, the Supervisor of Elections would like to
know if this is something the City of Miami Beach would be interested in doing.
Commissioner Grieco stated that he believes this is a great idea to get more voter participation
and prevent voter fraud by helping those who cannot go to the polls to vote. He believes the cost
of such a service would be nominal.
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City Clerk Granado stated the cost for the service is probably nominal, and the City’s reply does
not have to be given until October. There are only five such facilities in the City, if all of them
agreed to the program, they could determine the maximum cost.
Commissioner Malakoff agreed with Commissioner Grieco that this is a great idea. It is important
that this is overseen by the Supervisor of Elections, in case a person with Alzheimer’s is unaware
of whom they are voting for.
City Clerk Rafael E. Granado explained that there will be a minimum of two individuals from the
Elections Department overseeing the process as it unfolds. There will always be at least two
individuals assisting voters so as to secure that no wrongdoings take place.
Commissioner Wolfson asked for a report of the process on how the assistance will be provided.
City Clerk Granado stated that the Department of Elections would first send letters to the voters in
English, Spanish and Creole, if they do not hear back, they will make telephone calls, and provide
those individuals with ballots.
Discussion continued regarding the assistance that will be provided.
Direction is to move forward and investigate further.
City Clerk Granado stated that this would be the first time the Elections Department provides this
service in the City of Miami Beach.
7:15:18 p.m.
ADDENDUM MATERIAL 2:
R9G Discussion To Waive The Charity Cost Per Golfer Of $63.00, Which Includes Cart And Green
Fees, For A Golf Tournament Of The Dwayne Have A Heart Foundation, Inc. To Be Held
September 26, 2015.
(Sponsored by Mayor Philip Levine)
ACTION: Discussion held. See companion item R9C. Motion made by Commissioner Grieco,
seconded by Commissioner Wolfson to waive all fees associated with these fundraising events for
this cause. Resolution 2015-29105 adopted. Voice vote: 7-0. Max Sklar to handle.
Mayor Levine stated that this is a very important thing and they want to sponsor and support all
fundraiser efforts.
Sergeant Chris Mitchell personally thanked everyone for their support and donations towards
Dwayne’s medical expenses. On the morning of May 16, his mother went to spend the weekend
with his grandmother, and she heard a noise from the room where Dwayne was sleeping. When
she checked on Dwayne, he was unresponsive. Dewayne older brother Chris began performing
CPR. He was rushed by Fire Rescue to Jackson South. It was later determined that Dwayne had
Wolff-Parkinson-White (WPW) syndrome, which is rare and usually goes undetected. Dwayne
had an arrhythmia attack and that sent him into cardiac arrest. He was down for a period of time
where he sustained severe swelling to the brain. He has been in ICU fighting for a second chance
at life since then. Two weeks of him being in ICU, the neurologist wrote him off saying he had 48
hours to live. He sought a second opinion from one of the top neurologists in South Florida and he
said he was survivable, but the road to recovery would be long and steep. Dwayne began fighting
for survival, and as of this week, they completely took Dwayne off the Life Support System.
Dwayne is breathing 100% on his own, he opened his eyes, but he is still fighting. His medical
expenses are through the roof. He is insured, but unfortunately, the insurance company will only
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cover so much. There have been some rough days, but he thanked the entire City of Miami Beach
for all the support. This is the only way his family has been able to move forward. Sergeant
Mitchell thanked the Mayor, Commissioner Grieco and the entire staff.
Mayor Levine stated that they cannot do enough, and they want to come up with more ways to
help; this is only one small thing; the City is behind them and they hope for the best. They will be
with them through the entire journey.
Major Mark Causey stated that financially they transferred Dwayne into a place called “The
Promise,” in Miami Lakes, which is a 24-hour ICU on June 4. The Police Department added this
facility to their Health Trust effective July 1, 2015. For the month of June, they have a bill in
excess of $100,000. This facility costs almost $8,000 a day. The next part in Dwayne’s next level
of rehabilitation is to him to a rehabilitation facility. There are two such facilities, one in Orlando
and one in Georgia. They travelled to Georgia and they liked the facility. Now they have to start
looking at the insurance side, whether it is going to be a COBRA, which at 55% where they have
to come up with the additional 45%, and they have an outstanding bill from Palmetto Hospital and
from Jackson South before they moved him to The Promise. They have held several fundraising
events; the first was this past Wednesday, which was a breakfast at the Police Department; they
had almost 180 employees go to the Police Station itself and buy the morning breakfasts; and
they also delivered to different departments in this building, at 1755 and 1701 Meridian, as well as
to the EOC. It was an incredible turnout. They raised $5,614. No one paid the amount requested;
the majority of employees paid with a $20, $50 or a $100 bill. It was an incredible turnout.
Mayor Levine stated that there are two upcoming events, one of which is sponsored by
Commissioner Grieco.
Commissioner Grieco explained that they will be doing a 5K and since there are City fees
associates with this, and usually the City Commission does not waive these type of fees, but since
this is a unique situation, and he will move the item to waive any applicable fees associated with
this; seconded by Commissioner Wolfson.
Commissioner Weithorn stated that given the extraordinary nature of the situation she suggested
making a motion to waive all City fees for all fundraising events for this situation. They want to
hear of his progress, but they should waive all fees. She offered that addendum.
Commissioner Grieco agreed and there was consensus.
Motion made by Commissioner Grieco to waive all the City fees for fundraising events; seconded
by Commissioner Wolfson. Voice vote: 7-0.
End of Agenda
Meeting adjourned at 7:59:53 p.m.
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