20150902 Titles Agenda City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 2, 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
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discretion, adjourn the Commission Meeting without reaching all agenda items.
AGENDA
1. Call to Order - 8:30 a.m.
2. Inspirational Message and Pledge of Allegiance
3. Requests for Additions, Withdrawals, and Deferrals
4. Recess for lunch at approximately 12:00 p.m.
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.
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
Commission Agenda, September 2, 2015
Presentation
PA1 Proclamation To Be Presented In Honor Of Hispanic Heritage Month (September 15 - October
15, 2015).
(Office of the City Manager)
CONSENT AGENDA
C2 - Competitive Bid Reports
C2A Request For Approval To Issue A Request For Qualifications (RFQ) No. 2015-240-KB For
Architectural And Engineering Design Services For The Future Community Park (Former Par 3)
Project.
(Procurement/Capital Improvement Projects)
C4 - Commission Committee Assignments
C4A Referral To The Planning Board - Proposed Ordinance Amending Chapter 130 Of The Land
Development Regulations Of The City Code Pertaining To Off-Street Loading Space
Requirements.
(Sponsored by Commissioner Deede Weithorn & Joy Malakoff)
(Legislative Tracking: Planning)
C4B Referral To The Planning Board - Proposed Ordinance Amending Chapter 142 Of The Land
Development Regulations Of The City Code Pertaining To Mandatory Traffic Studies For DRB
And HPB Development Applications.
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Planning)
C4C Referral To The Planning Board - Proposed Ordinances Amending Chapter 114 And Chapter 142
Of The Land Development Regulations Of The City Code, And Chapter 6 Of The City Code,
Pertaining To Alcoholic Beverage Regulations.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
C4D Referral To The Planning Board - Proposed Ordinance Amending Chapter 130 Of The Land
Development Regulations Of The City Code Pertaining To Electric Vehicle Charging Stations.
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Planning)
C4E Referral To The Planning Board - Proposed Ordinance Creating Chapter 133 In The Land
Development Regulations Of The City Code Pertaining To Sustainability And Resiliency.
(Sponsored by Commissioners Micky Steinberg & Michael Grieco)
(Legislative Tracking: Planning)
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Commission Agenda, September 2, 2015
C4F Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding July 4th
Celebration.
(Tourism, Culture & Economic Development)
C4G Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding The
Convention Center Park And Veteran’s Plaza.
(Office of the City Manager)
C4H Referral To The Sustainability And Resiliency Committee - Discussion To Improve The Resiliency
Of Government Buildings And Operations To Reduce And Mitigate The Impacts Of Greenhouse
Gas Emissions.
(Sponsored by Commissioner Micky Steinberg)
C6 - Commission Committee Reports
C6A Report Of The July 29, 2015 Land Use And Development Committee Meeting: 1. Discussion On
Possible Amendments To Chapter 6 And Chapter 142 Of The City Code. 2. Discussion On The
Collins Canal Project. 3. a) Annual Evaluation Of Parking Impact Fee Structure. 3. b) Discussion
Regarding The Philosophy Behind Parking Impact Fees. 4. Discussion Regarding Seawall
Conditions, Encroachments Into Public Property For Private Use. 5. Discussion Regarding The
Provision Of Renewable Energy Sources In New Construction Projects. 6. Sidewalk Café Ocean
Drive Umbrellas - An Ordinance Amending Chapter 82, Entitled “Public Property,” Article IV,
Entitled “Uses In Public Rights-Of-Way,” Division 5, Entitled “Sidewalk Cafes,” Subdivision 2,
Entitled “Permit,” By Creating Section 82-389, Entitled “Additional Minimum Standards, Criteria,
And Conditions For Operation Of Sidewalk Cafes On Ocean Drive Between 5th Street And 15th
Street” To Provide Minimum Standards For Umbrellas And Awnings, Require Regular
Maintenance Of Umbrellas, And Provide Prohibitions; And Providing For Repealer, Severability,
Codification, And An Effective Date. 7. Discussion Regarding Grade Elevations For New
Construction. 8. Discussion Regarding Traffic Studies. 9. Proposed Revisions To Chapter 126 Of
The Land Development Regulations Of The City Code, Pertaining To Landscaping And Minimum
Standards For The Landscaping Of Private Properties And Adding A Requirement For A Tree
Survey Prior To The Issuance Of A Demolition Permit. 10. Amendment To Chapter 130 Of The
Land Development Regulations To Modify Minimum Requirements For Off Street Loading
Spaces. 11. Discussion: Legal Opinion Concerning Whether A Vacancy On The Historic
Preservation Board Renders The Board Improperly Constituted And Without Power To Act, And
To Discuss An Amendment To Sec. 2-22(21) To Require The Mayor And City Commission To Fill
Board Vacancies Within 90 Days. 12. Discussion Regarding Amending The City Charter And City
Code To Provide That Instead Of The Board Of Adjustment The Chief Special Master Shall Hear
And Decide Appeals From, And Review, Any Order, Requirements, Decision Or Determination
Made By An Administrative Official Charged With The Enforcement Of The Zoning Ordinance Of
The City Of Miami Beach. 13. Discussion Regarding RFP For Electric Vehicle Charging Stations
For City Parking Facilities. 14. Discussion On A Proposed Ordinance Amendment To Modify The
Minimum Front And Side Setback, And Minimum Pervious Area Requirements For Single Family
Homes, As Well As Simplifying The Regulations Pertaining To The Calculation Of Unit Size And
Lot Coverage. 15. Discussion Pertaining To Main Use Parking Structure Height Limits On
Terminal Island. 16. Discussion Regarding Additional Height In The Alton Road Parking District
For Projects That Provide Structured Parking. 17. Discussion Regarding Withdrawing The
Proposed Ordinance Assigned File No(s).: 2233, 2234, And 2235 (All Related To Alcohol
Beverage Regulations) From The Planning Board’s Jurisdiction.
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Commission Agenda, September 2, 2015
C6B Report Of The July 22, 2015 Sustainability And Resiliency Committee: 1) Mayor’s Blue Ribbon
On Flooding And Sea Level Rise Update. 2) Sustainability Committee Update. 3a) Discussion
Regarding The Provision Of Renewable Energy Sources In New Construction Projects And
Green Building Practices In New Construction Projects. 3b) Referral Regarding The Incorporation
Of Green Roofs In Future Building Projects. 4) Referral Designating A Department Or Specific
Employees To Develop And Oversee Sound And Comprehensive Policy Regarding Climate
Change. 5) Discussion Regarding The Incorporation Of Green Alleys 6) Charging Stations For
Plug-In Vehicles.
C6C Report Of The July 31, 2015 Neighborhood/Community Affairs Committee (NCAC) Meeting: 1)
Report From Miami-Dade County Public Schools On The Status Of The Action Plan Related To
Nautilus Middle School And Progress Date. 2) Discussion Regarding The Status Of City Funds
Given To The Wolfsonian-FIU Museum. 3) Discussion Regarding Status Of Beach Chair Lock
Boxes For Valuables. 4) Discussion Regarding Bicycle Parking Locations And Adding Attractive
Bike Racks Throughout The City. 5) Discussion Regarding The Lack Of Availability Of Public
Parking At 46th Street And Collins Avenue; And Discussion Regarding A Competition Swimming
Pool. 6) Discussion Regarding Amending Chapter 74 Of The Code Of The City Of Miami Beach,
Entitled “Peddlers And Solicitors,” By Amending Article III, Entitled “Panhandling On Public
Property,” To Provide Additional Areas Where Panhandling Is Prohibited; Providing For Repealer,
Severability, Codification, And An Effective Date. 7) Discussion And Update Regarding
Undergrounding Of FPL Lines In The Venetian Islands And Citywide. 8) Discussion Regarding
Options For The Relocation Of The 21st Street Teen Center. 9) Monthly Crime Statistics Report.
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager, Or His Designee, To: 1) Collaborate
With Harvard University Graduate School Of Design On An Application To The National Science
Foundation For The Infrastructure Management And Extreme Events Grant In The Amount Of
$250,000; 2) Submit Applications To: A) Miami-Dade County For FY 2014/15 Edward Byrne
Memorial Justice Assistance Grant Program Funds In The Approximate Amount Of $10,000 And
B) The United States Conference Of Mayors For The 2015 Childhood Obesity Prevention Awards
Program In The Amount $120,000; And 3) Retroactively Approve The Submittal Of The Following
Grant Applications: A) Christopher And Dana Reeve Foundation For Funding In The Approximate
Amount Of $25,000 For Adaptive Exercise Equipment For The Allison Park Project And B) Florida
Department Of Environmental Protection, Florida Recreation Development Assistance Program
(FRDAP) For Funding In The Approximate Amount Of $200,000 For The Allison Park Project;
And Further Authorizing The City Manager, Or His Designee, To Take All Necessary Steps And
To Execute Documents In Connection With The Aforestated Grants And Funding Requests,
Including, Without Limitation, Applications, Grant And Funding Agreements, And Audits..
(Budget & Performance Improvements)
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Commission Agenda, September 2, 2015
C7B Reappointment Of Chief Special Master
1. A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Section
30-36 Of The Code Of The City Of Miami Beach, Concerning The Reappointment Of
Enrique Zamora, Esq., To Serve As Chief Special Master, For A Term Commencing On
October 24, 2015 And Ending On April 23, 2016; Provided Further That Chief Special
Master Zamora Shall Be Authorized To Hold Hearings And Impose Fines, Liens And
Other Non-Criminal Penalties Against Violators Of The City And County Codes And
Ordinances, And Shall Also Be Authorized To Appoint Such Other Special Masters As
May Reasonably Be Required To Conduct The Subject Hearings; And Further
Incorporating All Other Matters Set Forth Within Chapter 30 Of The City Code, Including,
Without Limitation, Sections 30-37 And 30-38 Thereof, Concerning The Compensation
And Duties Of The Chief Special Master.
(Office of the City Clerk)
2. A Resolution Approving And Reappointing, Pursuant To Section 102-356 Of The City
Code, Enrique Zamora, Esq. (Chief Special Master Reappointed Pursuant To Resolution
No. __________ As The City Manager’s “Designee” Under Section 102-356 Of The City
Code; Said Designation Commencing With Mr. Zamora’s Term As Chief Special Master
On October 24, 2015 And Ending On April 23, 2016.
(Office of the City Clerk)
C7C A Resolution Authorizing The City Of Miami Beach To Accept A Donation Of A Deco Bike From
Decobike LLC., On Behalf Of The Miami Beach Police Department (MBPD), With An
Approximate Value Of $800, To Be Used In Decoy Operations To Identify And Apprehend Bicycle
Thieves.
(Police)
C7D A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals Pursuant To Request For Qualifications No. 2015-144-YG (The RFQ), For Public
Information Outreach (PIO) Services On Right Of Way And Facilities Construction Projects;
Authorizing The Administration To Enter Into Negotiations With HML Public Outreach, LLC.,
Infinite Source Communications Group, LLC., Media Relations Group, LLC., And Quest
Corporation Of America, Inc., To Establish A Pool Of Consultants That Can Provide The
Required PIO Services On An As Needed Basis; And Further Authorizing The Mayor And City
Clerk To Execute Agreements Upon Conclusion Of Successful Negotiations By The
Administration.
(Procurement/Capital Improvement Projects/Public Works)
C7E A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1
To The Tyler Technologies, Inc., Agreement Between The City Of Miami Beach And Tyler
Technologies, Inc., Dated October 10, 2014, Amending The ERP System ‘Go-Live’ Dates, To The
Contract With Tyler Technologies, Inc.
(Procurement/Office of the City Manager)
(Item to be Submitted in Supplemental)
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Commission Agenda, September 2, 2015
C7F A Resolution Approving, Pursuant To Section 2-367(d) Of The Miami Beach City Code, The Sole
Source Purchase Of Technical Service Support For Manual External Defibrillators And
Automated External Defibrillators From Physio-Control Inc., The Sole Source Provider; And
Approving And Authorizing The City Manager To Execute, In Substantial Form, The Attached
Technical Service Support Agreement Between The City And Physio-Control Inc., For A Three (3)
Year Term, Commencing On October 1, 2015 And Ending On September 30, 2018, For A Total
Cost Of $117,036.82, Subject To Review And Form Approval By The City Attorney’s Office; And
Further Authorizing The Administration, In Its Discretion, To Purchase Any Necessary
Accessories And Electrodes Pursuant To Said Agreement.
(Procurement/Fire)
C7G A Resolution Approving And Authorizing The Acceptance Of Sponsorships Valued At $10,650
For The 2015 Annual Family Service Day, The 2015 Annual Veterans Day Parade, And For One
Monthly Food Truck And Music Festival, As Well As An In-Kind Sponsorship Valued At $60,000,
Made To The City For A One Year Supply Of Dog Waste Bags.
(Tourism, Culture & Economic Development)
C7H A Resolution Approving An Award Of $3,350 For The City's Joint Tourism And Hospitality
Scholarship Program In Partnership With Spectra Management Group And Centerplate, Inc.
(Tourism, Culture & Economic Development)
C7I Request To Amend The Awarded Contracts Pursuant To Invitation To Bid (ITB) 113-2013, For
Routine And Emergency Repairs For Water, Sanitary Sewer And Storm Water Pipe Break;
Cured-In Place Lining For Sanitary Sewer Pipes And Storm Water Drainage Pipes; And
Rehabilitation Of Sanitary Sewer Manholes And Storm Water Manholes.
(Procurement/Public Works)
End of Consent Agenda
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Commission Agenda, September 2, 2015
REGULAR AGENDA
R2 - Competitive Bid Reports
R2A Request For Approval To Issue A Request For Proposals (RFP) No. 2015-258-LR For The
Collection And Disposal Of Residential Solid Waste, Yard Trash And Bulk Waste And The
Operation Of The City’s Green Waste Facility.
(Procurement/Public Works)
(Item to be Submitted in Supplemental)
R5 - Ordinances
R5A Incentives For Architecturally Significant Single Family Homes
An Ordinance Amending The Land Development Regulations (LDRs) Of The City Code, By
Amending Chapter 142, “Zoning Districts And Regulations,” Article II, “District Regulations,”
Division 2, “RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts,” Section 142-108,
“Provisions For The Demolition Of Single-Family Homes Located Outside Of Historic Districts;”
By Amending The Requirements And Procedures For The Retention Of Architecturally Significant
Single-Family Homes; Providing For Codification; Repealer; Severability; And An Effective Date.
10:00 a.m. Second Reading Public Hearing
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on July 8, 2015 - R5K)
R5B Demolition Procedures For Pre-1942 SF Homes
An Ordinance Amending The Land Development Regulations (LDRs) Of The City Code, By
Amending Chapter 142, “Zoning Districts And Regulations,” Article II, “District Regulations,”
Division 2, “RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts,” Section 142-108,
“Provisions For The Demolition Of Single-Family Homes Located Outside Of Historic Districts;”
By Amending The Requirements And Procedures For The Issuance Of A Demolition Permit Prior
To The Issuance Of A Full Building Permit For Architecturally Significant Pre-1942 Single Family
Homes; Providing For Codification; Repealer; Severability; And An Effective Date. 10:05 a.m.
Second Reading Public Hearing
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on July 8, 2015 - R5L)
R5C Single Family Home Development Regulations For Lot Splits
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 142, “Zoning Districts And Regulations,” Article II, “District Regulations,” Division 2, “RS-
1, RS-2, RS-3, RS-4 Single-Family Residential Districts,” By Amending The Maximum Unit Size
And Lot Coverage For All Homes On Lots Resulting From A Lot Split; Providing For Repealer;
Codification; Severability; And An Effective Date. 10:10 a.m. Second Reading Public Hearing
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on July 8, 2015 - R5M)
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Commission Agenda, September 2, 2015
R5D CD-3 Architectural District Parking Garage Heights
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, Florida, By Amending Chapter 142, “Zoning Districts And Regulations,” Article II, “District
Regulations,” Division 6, “CD-3 Commercial High Intensity District,” By Amending Section 142-
337, “Development Regulations And Area Requirements”, To Clarify And Amend The Maximum
Height Requirements; Providing Codification; Repealer; Severability; And An Effective Date.
10:15 a.m. Second Reading Public Hearing
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on July 8, 2015 - R5N)
R5E Washington Avenue Zoning Incentives
An Ordinance Amending The Land Development Regulations (LDRs) Of The City Code, By
Amending Chapter 142, “Zoning Districts And Regulations,” Article II, “District Regulations,”
Division 5, “CD-2 Commercial, Medium Intensity District,” To Establish Section 13-309,
“Washington Avenue Development Regulations And Area Requirements,” To Modify The
Development Regulations For Properties Fronting Washington Avenue Between 6th Street And
Lincoln Road; By Amending Chapter 130, “Off-Street Parking,” Article II, “Districts;
Requirements,” To Establish Parking District 7 To Modify The Parking Requirements For The
Properties Fronting Washington Avenue Between 6th Street And Lincoln; Providing For
Codification; Repealer; Severability; And An Effective Date. 10:20 a.m. First Reading Public
Hearing
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
R5F An Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 66,
Entitled “Marine Structures, Facilities And Vehicles,” By Amending Article II, Entitled “Restricted
Wake Zones,” By Amending Section 66-43, Entitled “Restricted Areas,” By Amending Subsection
B Thereof Regarding The Idle Speed, No Wake Zones By Adding An Idle Speed, No Wake Zone
In The Area Of The Miami Beach Marina And Amending The Appendices To Section 66-43,
Accordingly; Providing For Repealer, Severability, Codification, And An Effective Date.
10:25 a.m. Second Reading Public Hearing
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Environment & Sustainability)
(First Reading on July 8, 2015 - R5O)
R5G An Ordinance Amending Chapter 46 Of The Code Of The City Of Miami Beach, Entitled
"Environment," By Creating Article VI, To Be Entitled “Expanded Polystyrene Sale And Use
Restrictions," To Provide Regulations For The Sale And Use Of Expanded Polystyrene Food
Service Articles, And To Provide For Enforcement, Penalties, And Waivers For Financial
Hardship; And Providing For Repealer, Severability, Codification, And An Effective Date.
10:30 a.m. Second Reading Public Hearing
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Environment & Sustainability)
(First Reading on July 8, 2015 - R5P)
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Commission Agenda, September 2, 2015
R5H An Ordinance Amending Chapter 18 Of The Miami Beach City Code, Entitled “Businesses,” By
Amending Article VIII, Entitled “Parking Lot,” By Amending Division I, Entitled “Generally,” By
Amending Section 18-310, Entitled, “Requirements For Issuance Of License,” By Requiring A
Notarized Letter Before Issuance Of Valet Parking License; By Deleting Section 18-311, Entitled,
“Employers And Valet Operators Code Of Conduct,” And Creating A New Section 18-311,
Entitled “Operation Of Service,” By Removing Language That Allowed The Leasing Of Municipal
Spaces; By Removing Section 18-312, Entitled, “Operation Of Service;” By Deleting Section 18-
313, Entitled, “Special Event Permit;” By Deleting Section 18-314, Entitled, “Enforcement, Fine
Schedule, And Right Of Appeal;” By Deleting Section 18-315, Entitled, “Compliance Date;” By
Amending Division 2, Entitled, “Valet Parking Permits For Use Of Public Property,” By Amending
Section 18-336, Entitled, “Separate Permit Required,” Authorizing Consolidation Of Valet Parking
Ramps And Identifying The Types Of Uses For Space Rental Valet Parking; By Amending
Section 18-337, Entitled, “Requirements,” Which Establishes Submission Standards For A Valet
Parking Operational Plan; By Deleting Section 18-339, Entitled, “Cancellation And Revocation;”
And Creating A New Section 18-339, Entitled, “Private Storage Of Valet Vehicles,” Which
Requires The Parking Director To Confirm Sufficient Rental Storage Capacity; By Creating A New
Section 18-340, Entitled, “Employees And Valet Operators Code Of Conduct” That Establishes
The Code Of Conduct Standards For Valet Operators And Their Employees; By Creating A New
Section 18-341, Entitled, “Operation Of Service,” Which Requires The Identification Of Rented
Spaces, Ramping, On-Call Valet Ramps, Storage And Valet Parking Street Furniture; By Creating
A New Section 18-342, Entitled, “Exceptions,” That Permits Valet Service In Residential Zoned
Areas; By Creating A New Section 18-343, Entitled, “Penalties And Enforcement, Fine Schedule,
Right Of Appeal,” And Further Amending Division 3, Entitled, “Rentals,” By Amending Section 18-
361, Entitled, “Rental And Operation Of Municipal Parking Spaces,” Which Modifies The
Permissible Operations Of Public Spaces For Ramping; And The Deletion Of Section 18-362,
Entitled, “Rental Of Additional Parking For Storage Of Vehicles,” Providing For Repealer,
Severability, Codification, And An Effective Date. 10:35 a.m. Second Reading Public Hearing
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Parking)
(First Reading on July 8, 2015 - R5Q)
R5I An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled
“Administration,” By Amending Article II, Entitled “City Commission,” By Amending Section 2-12,
Entitled “Meeting Agendas,” By Amending The Requirements And Procedures Relating To City
Commission Meetings And Agenda; Providing For Repealer, Severability, Codification, And An
Effective Date. 10:40 a.m. Second Reading Public Hearing
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
(First Reading on July 8, 2015 - R5R)
R5J MXE Setbacks
An Ordinance Amending The Land Development Regulations (LDRs) Of The City Code, Chapter
142, “Zoning Districts And Regulations,” Article II, “District Regulations’”, Division 13, “MXE Mixed
Use Entertainment District,” At Section 142-547, “Setback Requirements,” By Amending The
Setback Requirements To Include Separate, Reduced Setback Requirements For Commercial
Buildings That Do Not Contain Any Hotel Or Residential Units; Providing For Codification;
Repealer; Severability, And An Effective Date. First Reading
(Sponsored by Commissioner Jonah Wolfson)
(Legislative Tracking: Planning)
(Deferred from July 8, 2015 - R5J)
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Commission Agenda, September 2, 2015
R5K An Ordinance Amending Miami Beach City Code Chapter 82, Entitled “Public Property,” By
Amending Article IV Thereof Entitled “Uses In Public Right-Of-Way”, By Amending Section 82-
383, Entitled “Permit Fee; Penalties For Late Payments; Review Of Fee,” By Amending
Subsection (a) Thereof To Abate Sidewalk Café Fees For Businesses North Of 63rd Street,
Through And Including September 30, 2017; Providing For Repealer, Codification, Severability,
And An Effective Date. First Reading
(Sponsored by Commissioner Edward L. Tobin)
(Legislative Tracking: Public Works)
R5L Amend Penalties For Franchise And Permit Fees Not Paid To The City By Private Waste And
Specialty Contractors
An Ordinance Amending Chapter 90 Of The Code Of The City Of Miami Beach, Entitled “Solid
Waste,” By Amending Article IV, Entitled “Private Waste Contractors,” By Amending Division 3,
Entitled “Franchise,” By Amending Section 90-225, Entitled “Failure To Pay Franchise Fee,” To
Amend The Penalties For Failure To Pay Franchise Fees; And By Amending Division 4, Entitled
“Specialty Contractors,” By Amending Section 90-278, Entitled “Fees And Requirements,” To
Amend The Penalties For The Failure To Pay Permit Fees; Providing For Repealer; Severability;
Codification; And An Effective Date. First Reading
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Budget & Performance Improvement)
R5M An Ordinance Amending Part I, Subpart B, Article IX, Related Special Acts, Of The Miami Beach
City Code Entitled “Pension System For Disability And Retirement Of Members Of Police And
Fire Departments”; Amending The Pension System To Comply With Applicable Provisions Of The
Internal Revenue Code And Regulations Thereunder; Amending Section 62, Entitled “Definitions”;
Amending Section 63, Entitled “Source Of Monies For Fund; Computation Of Liability; Use And
Investment Of Fund”; Amending Section 66, Entitled “Service And Disability Benefits Generally”;
Amending Section 70, Entitled “Return Of Contribution”; Amending Section 79, Entitled “Deferred
Retirement Option Plan”; Amending Section 82, Entitled “Military Service”; Amending Section 83,
Entitled “Limitations On Benefits;” Amending Section 84, Entitled “Distribution Limitation”;
Amending Section 85, Entitled “Distribution To Retirement Plan”; Providing For Severability;
Repealing All Ordinances In Conflict Therewith; And Providing An Effective Date. First Reading
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Human Resources)
R5N An Ordinance Amending Chapter 46 Of The Code Of The City Of Miami Beach, Entitled
“Environment,” By Amending Article III, Entitled “Litter,” By Amending Division 1, Entitled
“Generally,” By Amending Section 46-92 To Amend The Enforcement And Penalty Provisions For
Violations Of Subsections (b), (c), (d), And (e), By Increasing Penalties For Violations Of
Subsections (b), (c), (d), And (e), And Imposing Criminal Penalties For Violations Of Subsection
(b) On Beaches, Parks, Marinas, Piers, Docks, And Boat Ramps; To Amend Provisions In
Subsections (l) And (m) Regarding Appeals From Violations; And To Amend The Provisions In
Subsection (m) Regarding Liens For Unpaid Fines; And Providing For Repealer, Severability,
Codification, And An Effective Date. First Reading
(Sponsored by Commissioner Grieco)
(Legislative Tracking: Environment & Sustainability)
(Item to be Submitted in Supplemental)
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Commission Agenda, September 2, 2015
R5O An Ordinance Amending Chapter 106 Of The Miami Beach City Code, Entitled “Traffic And
Vehicles,” By Amending Article II, Entitled “Metered Parking,” By Amending Division 1, Entitled
“Generally,” By Amending Section 106-47, Entitled “Freight, Commercial, And Passenger Curb
Loading Zones; Hours, Deliveries”; By Deleting Subsection (c), (d) And (e); By Amending
Subsection (b) To Require Property Owners And Businesses To Confirm Compliance With
Subsection (g) For Commercial Motor Vehicles Deliveries And Services; By Prohibiting Deliveries
Or Services For Commercial Motor Vehicles That Fail To Comply With Subsections (f) Through
(n); By Creating A New Subsection (d) And (e), Which Limits The Authority Of The Special
Master; By Amending The Enforcement And Penalty Provisions For Violations Of Subsections
(b); Providing For Codification, Repealer, Severability, And An Effective Date. First Reading
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
R5P An Ordinance Amending Chapter 142 Of The Miami Beach City Code, Entitled “Zoning Districts
And Regulations,” By Amending Article IV, Entitled “Supplementary District Regulations”; By
Amending Division 3, Entitled “Supplementary Use Regulations”; By Amending Subsection (5),
To Require Transient Guest(s) Or Occupant(s) To Register At The Suite Hotel; Providing For
Codification, Repealer, Severability, And An Effective Date. First Reading
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
R5Q An Ordinance Amending Chapter 90 Of The Code Of The City Of Miami Beach, Entitled “Solid
Waste,” By Amending Article II, Entitled “Administration,” By Amending Section 90-39 Thereof,
Entitled “Fine Schedule For Violations Issued And Applied To Owners, Agents, Tenants,
Occupants, Operators Or Managers, Or Persons Responsible For The Violation,” To Amend The
Fine Schedules Therein; And Providing For Repealer, Severability, Codification, And An Effective
Date. First Reading
(Sponsored by Deede Weithorn)
(Legislative Tracking: Code Enforcement)
(Item to be Submitted in Supplemental)
R7 - Resolutions
R7A A Resolution Approving, Following Second 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 Northeast Corner Of 17th Street And
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 Therefor; 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 The
Greater Of Minimum Fixed Rent Or A Percentage Of The Gross Operating Revenues Of The
Hotel, Among Other Rent. 11:00 a.m. Second Reading Public Hearing
(Office of the City Manager/Office of the City Attorney)
(First Reading on July 31, 2015 - R7A)
11
Commission Agenda, September 2, 2015
R7B 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 City Should
Lease 2.65-Acre Property At Northeast Corner Of 17th Street And Convention Center Drive To
Portman Miami Beach LLC For 99 Years, Requiring, Per Resolution 2015-_______,
Construction/Operation Of Privately-Funded 800 Room Hotel With 300 Foot Height Limit,
Connected To Convention Center Via Pedestrian Skybridge; No Gambling; And Rent To City
After Hotel Opens, Including Greater Of: Minimum Rent ($12,373,785 Over First Ten Years,
Adjusted Thereafter) Or Percentage Of Hotel's Revenues Annually.
(Office of the City Attorney/Office of the City Manager)
R7C 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 The Floor
Area Ratio (FAR) For The “Ocean Terrace Overlay District,” With An Underlying Zoning
Designation Of “Commercial District-2” (“CD-2”) And “Mixed Use Entertainment District” (“MXE”),
Be Increased From A Maximum 2.0 FAR To A Maximum 3.0 Far For Residential And Hotel Uses
Only, And Allow No FAR Increase For Commercial Uses; Which Ocean Terrace Overlay District
Is Located Between 73rd And 75th Streets, Collins Avenue, And Ocean Terrace?
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Office of the City Attorney)
R7D 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 City Code
Section 2-459 Should Be Amended To Provide Further Exception Allowing Historic Preservation
And Design Review Board Members Who Are Architects Or Landscape Architects To Lobby City
Personnel And Agencies On Land Development Applications, Except For Applications Before The
Board On Which They Serve.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Office of the City Attorney)
(On July 8, 2015, it was requested to bring this item to September 2, 2015 - R7R)
R7E A Resolution Supporting “The Envelope Please” Initiative, Which Asks Hotels To Place
Envelopes In Hotel Rooms To Remind Guests To Express Their Gratitude By Leaving Tips For
Room Attendants, And Encouraging All Hotels In The City Of Miami Beach To Participate In The
Initiative.
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Office of the City Attorney)
R7F A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Settlement
Agreement Between The City (Owner), PKY Lincoln Place, LLC (Tenant), And 16th Street
Partners, LLC (Master Subtenant), Relating To That Certain Agreement Of Lease (Ground
Lease), Dated September 1, 1999, For The Lincoln Place Garage, Located At 1601 Washington
Avenue.
(Office of the City Attorney/Tourism, Culture & Economic Development)
(Item to be Submitted in Supplemental)
12
Commission Agenda, September 2, 2015
R7G A Resolution Approving The Extension Of Hours For Certain Alcoholic Beverage Establishments
With A 5:00 a.m. Liquor License To 7:00 a.m., Under Certain Specified Conditions Pursuant To
Section 6 Of The City Code, For White Party 2015 (November 27th And 28th, 2015), Winter Party
Festival 2016 (March 4th And 5th, 2016), And Miami Beach Gay Pride 2016 (April 8th And 9th,
2016) As Recommended By The LGBT Advisory Committee, And Further Providing That The
Extension Of Alcoholic Beverage Service Be Applied Only To Events Held In The City Of Miami
Beach On The Above-Stated Dates.
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
R7H A Resolution Adopting The Sixth Amendment To The Capital Budget For Fiscal Year 2014/15.
11:05 a.m. Public Hearing
(Budget & Performance Improvement)
(Item to be Submitted in Supplemental)
R7I Approve Accessible Beach, Outdoor Recreation & Playground Facility And Wellness Center at
Allison Park
1. A Resolution Approving, In Concept, An Accessible Beach And An Accessible Outdoor
Recreation And Playground Facility At Allison Park.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Capital Improvement Projects)
2. A Resolution Approving, In Concept, The Proposed Construction Of A New Wellness
Center At Allison Park; And Further Authorizing The City Manager And City Attorney’s
Office To Negotiate The Material Business Terms Of A Proposed Ground Lease
Agreement Between The City, As Lessor, And The Sabrina Cohen Foundation, As
Lessee, For Approximately 10,000 Square Feet Of City-Owned Land, For Construction
And Development Of The Proposed New Wellness Center At Allison Park (At Lessee’s
Sole Cost And Expense), Which Final Negotiated Lease Agreement Shall Be Subject To
Approval By The City Commission And By A Majority Of The Voters In A City-Wide
Referendum, Pursuant To Section 1.03(b) Of The City’s Charter; Provided Further That
The Final Negotiated Term Sheet Shall Be Brought Back To The City Commission For
Approval.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Capital Improvement Projects)
R7J A Resolution Approving And Authorizing A Substantial Amendment To The City’s Five-Year
Consolidated Plan To Allocate $271,000 Of Previously Unallocated Home Investment
Partnerships (HOME) Funds From Prior Years To The London House Apartments Affordable
Housing Project; Authorizing The City Manager To Recapture And Reallocate $48,343 Of HOME
Funds From The Meridian Place Apartments Affordable Housing Project To The London House
Apartments Project; Issue A Notice Of A Thirty (30) Day Public Comment Period On The
Proposed Substantial Amendments To The City’s Five-Year Consolidated Plan; And Authorizing
The City Manager To Execute Inter-Departmental Agreements For Recipients Of The Funds.
(Housing & Community Services)
13
Commission Agenda, September 2, 2015
R7K A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement,
Substantially In The Form Attached To This Resolution, Between The City And Skidata, Inc.,
Pursuant To Invitation To Negotiate (ITN) 2014-170-SW, For A Gated Revenue Control System
For The City’s Parking Garages, For An Initial Term Of Ten (10) Years, With Two (2) Five (5)
Year Options, At The City’s Sole Discretion.
(Procurement/Parking)
(On July 8, 2015, it was requested to bring the agreement for approval on September 2, 2015 - R7N)
(Item to be Submitted in Supplemental)
R7L A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee To Relocate The Teen Club From Its Current Location At The 21st Street Recreation
Center, To The Scott Rakow Youth Center.
(Parks & Recreation)
R7M A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals Pursuant To Request For Proposals No. 2015-146-YG (The RFP), For Parking
Attendants For City Parking Garages.
(Procurement/Parking)
R7N A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Firms, Pursuant To Request For Proposals (RFP) No. 2015-135-WG For Parking Meter
Collection Services.
(Procurement/Parking)
R7O A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order
No. 5 To The Design-Build Agreement With Bergeron Land Development, Inc., Dated April 30,
2014 (The Agreement), Related To The Disposal Of Soils From The West Avenue Neighborhood
Project, Provide Rental Generators To Reduce Flooding And Establish Street Lighting Standards
For The City, Further Increasing The Cost Of The Agreement By $2,000,000.
(Public Works)
R7P A Resolution Approving And Authorizing Amendment No. 1 To The Development Agreement
Between The City And Jameck Development, Inc. (Jameck Or Developer), Dated July 23, 2014,
For The Design, Development, And Construction Of Certain Streetscape Improvement In The
City’s Right Of Way, At The Portion Of Euclid Avenue Between Lincoln Road And Lincoln Lane
South (The Project); Said Amendment Increasing The Budgeted Cost Of The Project To A
Guaranteed Maximum Price (GMP) Of $786,200, Due To Construction Cost Increases, But
Without Changing The City’s Financial Contribution To The Project (In The Original Approved
Amount Of $485,820); And Requiring The Developer To Pay For Any Project Costs Exceeding
The City’s Contribution.
(Public Works)
14
Commission Agenda, September 2, 2015
R7Q A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1
To The Existing Joint Participation Agreement (JPA) Between The City And Florida Department
Of Transportation (FDOT), Providing For Funding In The Amount Of Additional $302,518, For
Patterned Pavement Crosswalks By FDOT Highway Contractor For The Construction Within The
Project Area, As Part Of The State Road 907/Alton Road Project, From 5th Street To Michigan
Avenue; Further Approving And Authorizing The Mayor And City Clerk To Execute As Well A
Corresponding Maintenance Memorandum Of Agreement.
(Public Works)
R7R A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Request
For Qualifications No. 2014-115-SR, For Professional Engineering Consulting Services Relating
To The Design Of The New West Avenue Bridge Over The Collins Canal (The “RFQ”); To
Withdraw This Procurement Process And Amend The Existing Contract With Gannett Fleming,
Inc., Who Completed The Planning Development And Environmental Phase Of This Project;
Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of
Successful Negotiations By The Administration.
(Public Works)
(Item to be Submitted in Supplemental)
R7S A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee,
And Approving Amended And Restated Booking Policy Guidelines For The Miami Beach
Convention Center.
(Tourism, Culture & Economic Development)
R7T A Resolution Pursuant To Section 82-37(a)(2) Of The City Code, Setting A Public Hearing To
Consider Approving, On Second Reading, The Transfer, Via An Air Rights Easement Agreement,
To Betsy Ross Owner, LLC, The Property Identified In Exhibit “A,” For The Construction Of
Bridge Over The Ocean Court Alley Between The Carlton And The Betsy Hotels; Containing
Approximately 181.66 Square Feet In Total Area; Further Waiving, By 5/7th Vote, The Competitive
Bidding Requirements Of Section 82-39(b) Of The City Code, Finding That The Public Interest
Would Be Served By Waiving Such Condition; Directing The Item Be Sent To The Next Finance
And Citywide Projects Committee Meeting With A Copy Of The Updated Appraisal; And Directing
The City’s Planning Department To Prepare A Planning Analysis Pursuant To Section 82-38 Of
The City Code.
(Public Works)
R7U A Resolution Approving The Washington Avenue Storm Water Pipe Replacement Project, From
20th Street To Collins Avenue (Project), Having An Estimated Construction Cost Of $2,500,000,
Plus A $250,000 Project Contingency, For A Grand Total Of $2,750,000 And Further Authorizing
The City Manager To Procure The Project Construction Services Utilizing The Competitively Bid
National Joint Powers Alliance (NJPA) Cooperative Contract For Construction Services With The
Gordian Group.
(Public Works)
15
Commission Agenda, September 2, 2015
R9 - New Business and Commission Requests
R9A Board And Committee Appointments.
(Office of the City Clerk)
R9A1 Board And Committee Appointments - City Commission Appointments.
(Office of the City Clerk)
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (8:30 a.m.)
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (1:00 p.m.)
R9C Update On The Miami Beach Convention Center Project.
(Office of the City Manager)
R9D Discussion On Proposed Modifications To The Flamingo Park Masterplan And The Actions Of
The Historic Preservation Board.
(Office of the City Manager)
R9E Discussion Regarding Negotiations Between The City Of Miami Beach And Xerox State And
Local Solutions, Inc., Pursuant To The Red-Light Camera Agreement, As Authorized By The
Mayor And City Commission Under Resolution No. 2015-29018.
(Police)
R9F Presentation On Beautification Of Alton Road Flyover Bridge At Eastern End Of I-395.
(Public Works)
R9G Discussion Regarding PSA Litter Advertising On Garage Gate Arms And Wrapping Interior Of
Elevators In Garages Near Beach.
(Sponsored by Commissioner Michael Grieco)
R9H Discussion Regarding Provisions For Attractive Window Wraps For Vacant Commercial
Properties.
(Sponsored by Commissioner Michael Grieco)
R9I Discussion Regarding Tour Buses Misusing And Blocking The Streets In The Entertainment
District And South Of Fifth.
(Sponsored by Commissioner Michael Grieco)
R9J Discussion Regarding The ECOMB Lease.
(Sponsored by Commissioner Michael Grieco)
16
Commission Agenda, September 2, 2015
R9K Discussion Regarding Unsolicited Proposal To Convert Collins Park Garage Project To A Ground
Lease And Cooperative Development.
(Sponsored by Commissioner Michael Grieco)
R9L Discussion Regarding Potential Air And Sea Show For Memorial Day Weekend 2017/World
OutGames.
(Sponsored by Commissioner Michael Grieco)
R9M Annual Report Regarding Tennis Management.
(Sponsored by Commissioner Michael Grieco)
R9N Discussion Regarding Extending Lanzo's Contract In Sunset Harbor To Incorporate The Final
Phase 2.
(Sponsored by Commissioner Michael Grieco)
R9O Report On The City Of Miami Beach Action Plan For Special Needs Residents During A
Hurricane Or Other Emergency.
(Sponsored by Vice-Mayor Edward L. Tobin)
(Emergency Management/Housing & Community Services)
(Report requested on June 10, 2015 - R9R)
R9P Discussion And Update Regarding Undergrounding Of FPL Lines In The Venetian Islands And
Citywide.
(Sponsored by Vice-Mayor Edward L. Tobin)
(Legislative Tracking: Public Works)
(Item requested on July 8, 2015 - R9L)
R9Q Discussion Regarding Storm Water Pump Stations Policy.
(Public Works)
R9R Discussion Related To Making Sure Our City's Website Is Bilingual.
(Sponsored by Commissioner Micky Steinberg)
R9S Discussion Regarding A Potential Tennis Event In North Beach And Other Areas Of Miami
Beach.
(Sponsored by Commissioner Micky Steinberg)
R9T Status Of Franchise Utilities Undergrounding - Sunset Islands 3 And 4.
(Capital Improvement Projects)
17
Commission Agenda, September 2, 2015
R10 - City Attorney Reports
R10A City Attorney’s Status Report.
(Office of the City Attorney)
R10B Notice Of Closed Executive Session
Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During
Recess Of The City Commission Meeting On Wednesday, September 2, 2015, In The City
Manager’s Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To
Collective Bargaining.
Reports and Informational Items
1. Reports and Informational Items (see LTC 334-2015).
2. List of Projects Covered by the Cone of Silence Ordinance - LTC No. 329-2015.
(Procurement)
3. Report From Commission Committees Of Withdrawn Items Not Heard Within (6) Six Months
From Their Referral Date.
(Office of the City Clerk)
End of Regular Agenda
18
Commission Agenda, September 2, 2015
Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 2, 2015
Chairperson of the Board Philip Levine
Member of the Board Michael Grieco
Member of the Board Joy Malakoff
Member of the Board Micky Steinberg
Member of the Board Edward L. Tobin
Member of the Board Deede Weithorn
Member of the Board Jonah Wolfson
Member of the Board Miami-Dade County Commissioner Bruno A. Barreiro
Executive Director Jimmy L. Morales
Assistant Director Kathie G. Brooks
General Counsel Raul J. Aguila
Secretary Rafael E. Granado
AGENDA
Call to Order - 2:00 p.m.
1. NEW BUSINESS
A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment
Agency (RDA), Accepting The Recommendations Of The Finance And Citywide Projects
Committee; Waiving The Competitive Bidding Requirement, Finding Such Waiver To Be
In The Best Interest Of The RDA; And Approving And Authorizing The Chairperson And
Secretary To Execute A Lease Agreement With Artconnection International, Inc. (Tenant),
In Connection With The Use Of Suite No. 6 At The Anchor Shops, Located At 100 16th
Street, Suite No. 6, Miami Beach, Florida (Premises); Said Lease Having An Initial Term
Of Five (5) Years, Commencing On November 12, 2015, With Two Renewal Options (At
Tenant’s Option), Of Three (3) Years And One (1) Year And 364 Days, Respectively.
2:00 p.m. Public Hearing
(Tourism, Culture & Economic Development)
19