20170607 SM3c2G
MIAMIBEACH
Gommission Meeting
su PPLEM ENTAL MATERTAL 3 (6t 6t2017)
City Hall, Commission Chambers, 3'd Floor, 1700 Convention Center Drive
June7,2017
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vlsft us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
C2 - Gompetitive Bid Reports
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE,
SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, AMENDMENT NO. 1 TO
THE AGREEMENT, DATED FEBRUARY 24,2014, BETWEEN THE CITYAND UNITED SERVICES,
lNC. FOR JANITORIAL SERVICES, CITY-WIDE; SAID AMENDMENT, lN MATERIAL PART,
RETROACTIVELY APPROVING THE ADDITION OF CERTAIN SITES AND SERVICES,
INCLUDING THE PAYMENT OF OUTSTANDING INVOICES, IN THE AMOUNT OF $37,325.62;
ADDING NEW SITES AND SERVICES; CLARIFYING THAT THE CITY MANAGER MAY AMEND
THE AGREEMENT, INCLUDING THE REDUCTION OR ADDITION OF SITES OR SERVICES
COVERED BY THE AGREEMENT; AND INCREASING THE CONTRACT AMOUNT, BY AN
AMOUNT NOT TO EXCEED $544,163.20.
Property Management
Supplemental updated on 61612017
(Resolution & Draft Agreement)
1
Supplemental 3, June 7,2017
G4 - Commission Committee Assignments
C4 M REFERRAL TO THE PLANNING BOARD REGARDING AN ORDINANCE AMENDING THE HOURS
OF OPERATION FORALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATEDON OCEAN DRIVE
AT 2:00 A.M. EVERY NIGHT, EXCEPT FOR INDOOR PORTIONS OF ALCOHOLIC BEVERAGE
ESTABLISHMENTS THAT ARE COMPLETELY ENCLOSED AND LOCATED ENTIRELY WITHIN
HOTELS.
Office of the City Attorney
Mayor Philip Levine
Supplemental updated on 61612017
(Revised Ordinance)
C6 - Gommission Gommittee Reports
C6 C REPORT OF THE MAY 19,2017 NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE: 1.
DISCUSSION REGARDING THE IMPROVEMENT OF AMENITIES IN SOUNDSCAPE PARK. 2.
DISCUSSION REGARDING AND PRESENTATION ON MAKING MIAMI BEACH A ''CITY OF
KINDNESS.'3. DISCUSS THE PLACEMENT OF FARAH SERVE EUE SPORTS EQUIPMENT AT
DIFFERENT LOCATIONS THROUGHOUT THE CITY. 4. DISCUSSION REGARDING BUMP-OUTS
ON 4OTH STREET. 5. DISCUSSION ON OFFERING MIAMI BEACH AS A PILOT CITY FOR UBER
SELF-DRIVING CARS. 6. DISCUSSION REGARDING LOWERING SPEED LIMITS AND/OR
TRAFFIC CALMING IN RESIDENTIAL NEIGHBORHOODS.7. DISCUSSION ON THE CREATION
OF A MIAMI BEACH HALL OF FAME AND ESTABLISHING CRITERIA PLACEMENT AND
SELECTION PROCESS. 8. DISCUSSION REGARDING THE MAINTENANCE OF PUBLIC
BATHROOMS CITWVIDE. 9. DISCUSSION REGARDING THE CITY OF MIAMI BEACH
BRANDING-MUNICIPAL LOGO. 10. DISCUSSION TO RECONSIDER THE CITY'S USE OF
BONDED AGGREGATE FOR TREE PITS. 1 1. DISCUSSION AS REQUESTED BY THE VENETIAN
ISLANDS HOMEOWNERS ASSOCIATION, ON ENHANCEMENTS TO THE PEDESTRIAN
CROSSINGS ON VENETIAN WAY, FROM RIVO ALTO TO SAN MARINO. 12. DISCUSSION
REGARDING PILOTLESS DRONE TAXIS. 13. DISCUSSION TO EXPLORE PLACING CAMERAS
ON EVERY CORNER OF THE MXE (MIXED USE ENTERTAINMENT) DISTRICT AND ON THE
BEACHWALK, AND INSTALLING EMERGENCYACTIVATION BOXES ALONG THE BEACHWALK.
14. DISCUSSION ON ADDING PLAYGROUND EQUIPMENT ON THE NORTH SIDE OF THE NEW
PUMP STATION ON NORTH BAY ROAD AND 23RD STREET. 15. DISCUSSION REGARDING
TRAFFIC CALMING IMPROVEMENTS IN THE CENTRAL BAYSHORE NEIGHBORHOOD AND
DISCUSSION REGARDING RAISING STREETS HIGHER THAN OUR HOMES. 16. FDOT
RECONSTRUCTION OF ALTON ROAD . TREES. 17. DISCUSSION REGARDING THE EAST
VENETIAN BASCULE BRIDGE. 18. DISCUSSION REGARDING A TEMPORARY ART
INSTALLATION, ''ART IN MOTION'' COMMUNITY PROJECT, TO PROMOTE THE ARTWORK OF
MIAMI BEACH SENIOR HIGH SCHOOL STUDENTS. 19. DISCUSSION REGARDING A NO
PANHANDLING ZONE ON LINCOLN ROAD.20. DISCUSSION REGARDING THE PLACEMENTOF
SIGNS DISCOURAGING PANHANDLING. 21. DISCUSSION REGARDING CITY SUPPORT FOR
THE SOBE CATS SPAY & NEUTER, INC. TRAP, NEUTER, RETURN (TNR) PROGRAM. 22.
DISCUSSION REGARDING ALLOCATING MORE RESOURCES FOR SPAYING AND NEUTERING
CATS IN MIAMIBEACH.23. DISCUSSION REGARDING THE INSTALLATION OF LANDSCAPING
BYTHE MURANOAT PORTOFINO CONDOMINIUM ALONG THE PUBLIC BAYWALKADJACENT
TO THE MIAMI BEACH MARINA. 24. DISCUSSION REGARDING THE NORTH SHORE PARK
TENNIS CENTER TEACHING PROFESSIONALS. 25. DISCUSSION REGARDING EXTENDING
THE MIAMI BEACH BOTANICAL GARDEN TO THE COLLINS CANAL. 26. DISCUSSION
REGARDING CONTRIBUTING FUNDS TO A REGIONAL HYBRID SKATEPARK/PUMPTRACK
INITIATIVE AT HAULOVER IN CONJUNCTION WITH SUNNY ISLES BEACH, TOWN OF
SURFSIDE, AND POSSIBLY BAL HARBOUR AND BAY HARBOR ISLANDS.27. DISCUSSION
REGARDING THE CITY ENGAGING IN A TRAFFIC STUDYWITH THE FLORIDA DEPARTMENT
2
Supplemental 3, June 7,2017
oF TRANSPORTATTON (FDOT) TO SEE rF REMOVTNG THE t-95 EXPRESS LANES W|LL
IMPROVE THE FLOW OF TRAFFIC NORTHBOUND AND WESTBOUND. 28. DISCUSSION
REGARDING THE POSSIBILITY OF WRAPPING UTILITY BOXES IN HIGH PEDESTRIAN AREAS.
29. DISCUSSION REGARDING THE BAWVALK AS WELL AS THE OPENING, BUILDING AND
FUNDING OF THE BAWVALK BEHIND THE SOUTH BAY CLUB. 30. DISCUSSION REGARDING
CONCERNS RELATED TO ROGUE BIKE SHARE PROGRAMS.
Office of the City Manager
Supplemental updated on 61612017
(Memorandum)
C6D REPORT OF THE MAY 19,2017 FINANCE AND CITYWIDE PROJECTS COMMITTEE: 1.
DtscusstoN REGARDTNG PROPOSED TNTERCEPTOR GARAGE AT 1623 WESTAVENUE (LOT
NO. p23). 2. DTSCUSSTON REGARDTNG A SKATE PARI(PARK|NG STRUCTURE AT 72ND
STREET PARKTNG LOT (P92). 3. DTSCUSSTON REGARDTNG A POTENTIAL LEASE WITH THE
VENTURE CITY FOR COMMERCIAL SPACE LOCATED AT 1661 PENNSYLVANIA AVENUE. 4.
DISCUSSION REGARDING THE FEES CHARGES TO DEVELOPERS TOAPPEAR BEFORE THE
CITY'S LAND USE BOARDS. 5. DISCUSSION REGARDING THE LIVING WAGE RATES FOR
FISCAL YEAR 2017.2018, IN ACCORDANCE WITH CHAPTER 2, ARTICLE VI, DIVISION 6,
SECTION 2-408, OF THE CITY CODE. 6. DISCUSSION REGARDING A RESOLUTION
APPROVING THE CITY'S SPONSORSHIP OF THE NATIONALLY AND INTERNATIONALLY
TELEVISED2OlTWORLD FOOTVOLLEYCLASSIC, TO BE HELD IN THE CITYOF MIAMIBEACH.
7. DISCUSSION REGARDING CONTRIBUTING FUNDS TO A REGIONAL HYBRID
SKATEPARK/PUMPTRACK INITIATIVE AT HAULOVER IN CONJUNCTION WITH SUNNY ISLES
BEACH, TOWN OF SURFSIDE, AND POSSIBLY BAL HARBOUR AND BAY HARBOR ISLANDS. 8.
DISCUSSION ON PERFORMING A GAP ASSESSMENT REGARDING THE ENERGOV
PERMITTING SYSTEM. 9. DISCUSSION REGARDING THE BAYWALK AS WELL AS THE
OPENING, BUILDING AND FUNDING OF THE BAYWALK BEHIND THE SOUTH BAY CLUB. 10.
DISCUSSION REGARDING THE MID-YEAR REQUEST FOR TWO NEW POSITIONS IN THE
FINANCE DEPARTMENT AND DISCUSSION REGARDING PATTERNSTREAM SOFTWARE FOR
THE OFFICE OF BUDGETAND PERFORMANCE IMPROVEMENT. 11. DISCUSSION REGARDING
THE PREPARATION OF A BUDGET ITEM REQUEST FOR CONSIDERATION IN THE FISCAL
YEAR 2018 BUDGET PROCESS FOR THE DESIGN OF A PARKING GARAGE STRUCTURE, AND
A NEW RECREATIONAL PARK WITH A SKATE PARK AND COMMUNITY USE SPACE, AT THE
72ND STREET PARKING LOT SITE BETWEEN 72ND AND 73RD STREETS AND BETWEEN
COLLINS AND HARDING AVENUES. 12. DISCUSSION REGARDING POTENTIAL FINANCIAL
INCENTIVES FOR MIAMI BEACH TO SUPPORT THE FILM AND TELEVISION INDUSTRY ON A
LOCAL LEVEL. 13. DISCUSSION TO EXPLORE A LEASE TO BRING THE WYNWOOD YARD
CONCEPT TO NORTH BEACH. 14. DISCUSSION REGARDING FUTURE USES OR THE
POTENTIAL SALE OF VACANT CITY-OWNED LAND LOCATED AT 226 87TH TERRACE. 15.
DISCUSS ENGAGING IN A PILOT PROGRAM WITH A COST REDUCTION CONSULTANT. 16.
DISCUSSION REGARDING THE MAINTENANCE OF PUBLIC BATHROOMS CITYWIDE. 17.
DISCUSS THE KEY DEVELOPMENT PARAMETERS FOR THE BARCLAY PLAZAAPARTMENTS
WORKFORCE HOUSING PROJECT. 18. DISCUSSION TO EXPLORE PLACING CAMERAS ON
EVERY CORNER OF THE MXE (MIXED USED ENTERTAINMENT) DISTRICT AND ON THE
BEACHWALK, AND INSTALLING EMERGENCYACTIVATION BOXES ALONG THE BEACHWALK.
19. DISCUSSION REGARDING THE NORTH BEACH TOWN CENTER REDEVELOPMENT
PROPOSAL, INVOLVING CITY-OWNED PARKING LOTS, MADE BY NORTH BEACH TOWN
CENTER DEVELOPMENT, LLC, AN AFFILIATE OF PACIFIC START CAPITAL, LLC. 20.
DISCUSSION REGARDING A SPONSORSHIP AGREEMENT WITH MIAMI DESIGN
PRESERVATION LEAGUE (MDPL), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND
THE CITY MANAGER, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS
($100,000), tN suPPoRT oF IHE2018 ART DECO WEEKEND. 21. DTSCUSSTON REGARDING
THE WAIVER OF RENTAL FEES FOR HALLS A, B, C, D, AND ADJACENT MEETING ROOMS AT
THE MrAMr BEACH CONVENTTON CENTER FOR THE NATTONAL FOOTBALL LEAGUE (NFL)
3
Supplemental 3, June 7,2017
AND SPONSORSHIP FOR THE 2O2O SUPER BOWL LIV,22. DISCUSSION REGARDING THE
POTENTIAL IMPACT OF HIGHER HOMESTEAD EXEMPTIONS ON PROPERTYTAX REVENUE
FOR MIAMI BEACH. 23. DISCUSSION REGARDING THE CITY CLERK RAFAEL E. GRANADO'S
AN N UAL PERFORMANCE EVALUATION. 24. DISCUSS ION REGARDI NG THE CITY ATTORNEY
RAUL J. AGUILA'S ANNUAL PERFORMANCE EVALUATION.
Finance
Supplemental updated on 61612017
(Memorandum)
R5 - Ordinances
R5 AI AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED,ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED ''IN GENERAL,'' SECTION 6-3 THEREOF,
ENTTTLED "HOURS OF SALE / V|OLAT|ONS," BY CREATTNG A NEW SUBSECTTON (b), THAT
LIMITS THE SALE, CONSUMPTION OR SERVING OF ALCOHOL, ALCOHOLIC OR
INTOXICATING BEVERAGES DURING THOSE RECOGNIZED HOLIDAY PERIODS OF
MEMORIAL DAY, FOURTH OF JULY, LABOR DAYAND COLUMBUS DAY OF EACH YEAR;AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
First Readinq Office of the City Attorney
Commissioner Michael Grieco
Supplemental updated on 61612017
(Revised Ordinance)
R7 - Resolutions
R7 L A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE AT ITS MEETING ON MAY 19, 2017, AND AUTHORIZING
ENHANCEMENTS TO THE UNSIGNALIZED PEDESTRIAN CROSSINGS ALONG VENETIAN WAY,
FROM R|VO ALTO DRTVE TO SAN MARTNO DRTVE, WrTH TNTERNALLY TLLUMTNATED (LED)
CROSSWALKS, SUBJECT TO FUNDING APPROVAL IN THE CITY'S FISCAL YEAR 2017118
BUDGET.
Transportation
Commissioner Micky Steinberg
Supplemental updated on 61612017
(Resolution)
4
Agenda ltem CA(r
Date 6'7-t1
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE, SUBSTANTIALLY IN THE FORM ATTACHED TO
THIS RESOLUTION, AMENDMENT NO. 1 TO THE AGREEMENT, DATED
FEBRUARY 24,2014, BETWEEN THE CITYAND UNITED SERVICES, INC. FOR
JANITORIAL SERVICES, CITY-WIDE; SAID AMENDMENT, lN MATERIAL PART,
RETROACTIVELY APPROVING THE ADDITION OF CERTAIN SITES AND
SERVICES, INCLUDING THE PAYMENT OF OUTSTANDING INVOICES, IN THE
AMOUNT OF $37,325.62; ADDING NEW SITES AND SERVIGES; CLARIFYING
THAT THE CITY MANAGER MAY AMEND THE AGREEMENT, INCLUDING THE
REDUCTION OR ADDITION OF SITES OR SERVICES COVERED BY THE
AGREEMENT; AND INCREASING THE CONTRACT AMOUNT, BY AN AMOUNT
NOT TO EXCEED $544,163.20.
WHEREAS, on February 12,2014, the Mayor and City Commission approved the award of
lnvitation to Bid ("lTB') No. 269-2013-ME for Janitorial Services, City-wide, to United Services, lnc.
("Contractor") in an estimated annual amount of $1,879,139, and
WHEREAS, on February 24, 2014, the City and Contractor executed an agreement with
respect to lnvitation to Bid No. 269-2013-ME for an initial term of three (3) years with two (2) one-
year renewal options, at the City's discretion (the "Agreement"); and
WHEREAS, the City has exercised the first renewal option, for one year, extending the term to
February 23,2018; and
WHEREAS, the City is currently in the process of going out to bid for a new agreement for
these janitorial services and anticipates having a new agreement in place prior to the end of the
current term; and
WHEREAS, in orderto improve and maintain sanitary conditions in the City, perthe request of
the Administration, additional facilities needed to be added, and janitorial personnel, and service
days and hours needed to be increased; and
WHEREAS, pursuant to Section 1.11 .ADDITIONS/DELETIONS OF FACILITIES OR
LOCATIONS", of Section 1.0 "SPECIAL CONDITIONS' of the Agreement was amended by the
execution of two (2) City Managerapprovals on July 16,2014 and August13,2014 (collectively, the
"City Manager Approvals", in order to address the need for additional services; and
WHEREAS, Section 1.11 .ADDITIONS/DELETIONS OF FACILITIES OR LOCATIONS',, of
Section 1.0 'SPECIAL CONDITIONS' of the Agreement does not specifically allow for the
amendment of the Agreement or the addition of facilities by the City Manager; and
WHEREAS, the additional facilities, and increase in personnel and service days and hours
resulted in improved sanitary conditions and increased customer satisfaction; and
WHEREAS, the Department of Property Management is seeking not only to maintain these
changes to the janitorial services, but to further increase the number of facilities and hours of
service; and
5
WHEREAS, the Administration recommends that the Mayor and City Commission approve, in
substantial form, Amendment No. 1 to the Agreement, incorporated herein by referenced and
attached hereto as Exhibit "1"; said amendment retroactively approving the City ManagerApprovals,
including the payment of outstanding invoices, in the total amount of $37,325.62, dating from
October 1 , 2016 to May 31't, 2017; approving the increase in facilities and level of service tlirough
the end of the current term; and further clarifying that the City Manager will have authority to modify
the level of service, as may be needed.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City Commission
hereby approve and authorize the Mayor and City Clerk to execute, substantially in the form
attached to this Resolution, Amendment No. 1 to the Agreement, dated February 24,2014, between
the City and United Services, lnc. for janitorial services, city-wide; said amendment, in material part,
retroactively approving the addition of certain sites and services, including the payment of
outstanding invoices, in the amount of $37,325.62; adding new sites and services; clarifying that the
City Manager may amend the Agreement, including the reduction or addition of sites or services
covered by the Agreement; and increasing the contract amount, by an amount not to exceed
$544,163.20.
PASSED AND ADOPTED this _ day of
ATTEST:
Rafael E. Granado, City Clerk
2017.
Philip Levine, Mayor
APPROVED AS IO
FORM & LANGUAGE
& FOR EXECUTION
L'9-
-
Dote
*Lr} L t1
6
AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
UNITED SERVICES, INC.
This Amendment No. 1 (Amendment) to the Agreement, dated February 24,
2014, by and between the City of Miami Beach, Florida, a municipal corporation
organized and existing under the laws of the State of Florida, having its principal place of
business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City"), and
United Services, lnc., a domestic corporation, having its principal place of business at
462 Forest street, Kearny, NJ 07032 (the "contractor''), is entered into this day of
June,2017.
RECITALS
WHEREAS, on Februa ry 12, 2014,the Mayor and City Commission approved the
award of lnvitation to Bid ('lTB') No. 26$2013-ME for Janitorial Services, City-wide to
United Services, lnc. ("Contractor'') in an estimated annual amount of $1,879,139, and
WHEREAS, on February,,:,24, 2014, the Crq/ and Contractor executed an
agreement with respect to ITB No. 269-2013-ME for an initial term of three (3) years,
with two (2) one-year renewal options, at the city's discretlon (the "Agreement); and
WHEREAS, the City has exercised the first one-year renewal option, extending
the term of the Agreement to February 23,2018; and
WHEREAS, in order tol"impror" and maintain sanitary conditions in the City, per
the request of the Administration, additional facilities needed to be added, and janitorial
personnel, and service days and hours needed to be increased; and
iniAS, pursuant to, Section 1.1'! jADDITIONS/DELETIONS OF FACILITIES
OR LOCATIONS', of Section 1.0 'SPECIAL CONDITIONS' of the Agreement was
amended by the execution of hrvo (2) City Manager approvals on July 16, 2014 and
August 13, 2014 (collectively, the "City Manager Approvals"); and
.r.1.,i1.,
WHEREAS, Section 1.11 "ADDITIONS/DELETIONS OF FACILtTtES OR
LOCATIONS', '0f Section 1.0 "SPECIAL CONDITIONS' of the Agreement does not
specifically allow for the amendment of the Agreement or the addition of facilities by the
iity tvtanager; and ,:::,:
r:l:::rl
WHEREAS, the additional facilities, and increase in personnel and service days
and hours resulted in improved sanitary conditions and increased customer satisfaction;
and
WHEREAS, the Department of Property Management, pursuant to this
Amendment, is seeking not only to maintain these changes to the janitorial services, but
to further increase the number of facilities and hours of service; and
EXHIBIT 1
Page 1 of16
7
WHEREAS, on June 7, 2017, the Mayor and City Commission approved and
authorized the execution of this Amendment, retroactively approving the addition of
certain sites and services, including the payment of outstanding invoices, in the amount
of $37,325.62, and adding new sites and services, collectively for a total additional
contract amount not to exceed $544,163.20; and further clarifying that the City Manager
may amend the Agreement, including the reduction or addition of sites or services
covered by the Agreement.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Contractor hereby agreg to amend the Agreement
as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Agreement is hereby modified (deleted items struek{hreugh and inserted
items underlined) as follows:
(a) The City Manager Approvals are hereby retroactively approved as of the date
of their execution; to wit: July 16, 2014 and August 13, 2014, respectively,
and incorporated herein by reference as if more fully set forth herein.
Additionally, the pending invoices, in the total sum not to exceed $37,325.62
are hereby approved for payqlent.
(b) section t.tt 'AoplTroNS/DELETtoNS oF FAC|L|IES OR LOCAT|ONS',,
of Section 1.0 'SPECIAL CONDITIONS', of the Agreement is hereby deleted
in its entirety and replaced with the following.
',"1.1.1 ADDITIONS/DELETION$, Of FACILITIES OR LOCATIONS:
ApprTroNS/pELETIQNS OF SERVTCES By THE CtTy.
. DELETIOII OF SITES AND/OR REDUCTION OF SERVICES
,, BY THE CIW: The Citv Manaoer reserves the rioht to
temporarilv or permanentlv delete existino sites and/or
gervices shall be calculated based on the per service rate set. forth in the Cost Proposal, attached hereto as Appendix C. or
the ororation of said rate. as applicable. The City's Project
Manaoer shall initiate any requests for a Reduction of
Services. in writino. to the Contractor no later than 10 davs
before effectiveness, with a copy to the Procurement Director.
The Reduction of Services shall be memorialized in writinq. in
the form of an amendment to the Aoreement. executed by the
Citv Manaqer. on behalf of the City. and the Contractor
ADDITION OF SITES AND/OR SERVICES BY THE CITY:
The Citv Manaqer reserves the rioht to add new sites and/or
services to a site (collectively, "Addition of Services"). subiect
to securino budoetary approvals The Addition of Services shall
Page 2 of 16
8
be evaluated bv both the Citv and the Contractor for the
mutual determination of a fair unit cost, to be based upon
similar site receivinq similar service and/or similar services
rendered at a similar site. Sites and/or services deleted and
later re-added shall be re-added at the orioinal service rate,
olus anv aporoved index adiustment. Except in time of
constraints. the Proiect Manager shall use reasonable effortsto reouest the Addition of Services. in writino. to the
Contractor, with a copy to the Procurement Director. The
Addition of Services shall be memorialized in writino. in the
form of an amendment to the Aqqeement. executed bv the City
Manaoer. on behalf of the Citv, and the Contractor.
.t
(c) Numbers 1, 4, 6, 30, 34, 36 through 38, and 40 through 43, of Section 2.0
'LOCATIONS & HOURS OF OPERATION', of Appendix B "JANITORIAL
PROGRAM REQUIREMENTS' of the Agreement ar€r:hereby deleted in their
entirety and replaced with the following: ,'l
1. CITY HALL
Hours of Ooeration; Monday - Friday 8:00 a.m. - 6:00 p.m.
Occupancv load: 1.500 per dav
1700 Convention Center Drive
Restrooms: 24
Elevatqrpr..,,, ._ 4,r: ,'
Stairwells: 4
W?tqr Fountairlf,; 14 ';'.:;.,.
I i'.'..
SPECIAL REQUTREMENT:
One (1) Porter 8:30 a.m. - 5:Q0 p.rn.: Mondav - Friday
All areas. includino restrooms. on a Mondav - Fridav cleaninq cycle.
Mavors suitg of offices. City Manaoer's Suite of offices. Citv Attornev's
€gite of offices. Cham d Fridav
s$h-edule.
Central Services
Cashier / Licensino
Pension
Employee Lounqe / Outside Patio
1't Floor Conference Room
Securitv / Buildino Enoineer
Commissioner (Dade Countv)
Exterior Breezewav / Handicao Ramos
Elevator Landinqs
Loadinq Dock
Page 3 of16
9
2nd Floor (22.000 sq. ft.)
Buildino
Planninq & Zonino
3'd Floor (28,500 sq. ft.)
Commission Chamber / Exterior Covered Patio Area
Finance
Manaoement & Budoet
Procurement
Human Resources
Buildins
4th Floor (35.000 sq. ft.)
Mayor & Commissioners City Manaqer
Citv Attornev
Public Works Administration
Labor Rglations
,r,,r:,r , "'..ri'"'r'
4. 555 BUILDING ,:.i,
Hours of Operation:
Homeless Outreach - 7:30 a.m.,tg 3.30 p.m. Mondav - FfiCFv
Children's Affairs - 8:30 a.m. to 5:00 p.m. Monday - Fridav
Occupancy Load: 200
555 17th St.
10.725 sq. ft.: 1-storv Commercial Office BuildingRgstigirms:''5 :,, :,:.-.,.. ).,:
The buildinq'i$*divided iqtg;i,:ihtyo separate access areas and contains
opqn.Jloor st4ce with work stations. private offices, kitchens and
confergnce rooms and an l.T. gerver room. The Code Compliance Office
and the Hor.ng]qss QHtr:gach Qf,fice both have public access information
ggil.nters.'A ip,ntinuoug covered concrete tile terrace runs the lenoth of
the buildinq on the south side.,,
. r..,a,a.
Level of ,$ervice: All areas on a Tuesdav/Friday cleaninq cvcle. Public", lobbies and batnroomF cleaned dailv. Additionai Saturday/Sunday
cleanino cvcle for Code Compliance Office. Additional Monday,
'.,W.qdnesdav, Thursday cleanino cycle for Homeless Outreach.
Buildif,rg i$,'it{tiilzed by the followino city departments:
Homeiess Outreach
Children's Affairs
Code Compliance
6. POLICE STATION & PARKING GARAGE
Hours of Ooeration: 24 hours a day: 7 davs a week
Occupancv Load: 1.200 per day
1100 Washinoton Avenue
100.000 sq. ft.: S-story Police Facilitv & Administrative Office Buildino
Restrooms: 31Elevators: 3Stainrells: 5
Page 4 of 16
10
Locker Rooms: 2
Water Fountains: 13
This is a hioh use 24-hour daily buildinq consistino of professional office
space. includino conference rooms. kitchens. employee lounoe. secure
prooertv & evidence areas. secure prisoner area. iail cells. oun ranoe.
ounsmith cleaninq & repair. and parkinq qaraoe. Additionally there are
telephone and communications rooms. trash room. public and private
restrooms. gvm. locker room and showers. Many Divisions have larqe
open floor spaces that consist of semi-private work stations (cubicles)
while other Divisions have numerous orivate. offices.
Level of Service: All areas on a M,gn4ay - Friday (7:30am-3:30pm)
cleanino cvcle. Lobbies. Jails (1'I.,r',{por & holdinq cells C.l.D.) and
bathrooms cleaned dailv.
1'' Floor (24.000 sq. ft.)
Lobbv & Public Restrooms
RCC (Secure Lobby Reception.Office)
Communitv Room (Conference Room)
Propertv & Evidence Unit
Records Unit
Juvenile Processino Area
Roll Call Room
Jail ,r.,,.,: :,
Elevator Landinos
Crime Scene Unit
Restrooms
Garaqe
2nd Floor (24.000 sq. ft.)
Patrol Division
Gvm
Restrooms / Lo&r Rooms &'Showers
Garaoe
3'd Floor (24.000 sq. ft.)
Services Division,ffirFiqations unit
Firiancial Manaqement Unit
S u oqpft,sgn4ices Divis ion
Rest o i"
Garaoe
4th Floor (24.000 sq. ft.)
Chief's Office
Public Safetv Communications Unit (P.S.C.U. / 911)
lnformation Technolooy Department (includino Server Room)
Technical Service Division
Restrooms
Garaoe
5th Floor (4.000 sq. ft.)
Gun Ranoe
Gunsmith Repair
Page 5 of16
11
Ranoe Admin Office
Restroom
lieiEort (5'n Floor Roofl
30. PUBLIC WORKS OPERATIONS BUILDING
Hours of Operation: 7:30 a.m. - 4:00 p.m. Monday - Friday and a 24
hour Control Room
Occupancy Load: 250
451 Dade Boulevard
19.900 sq. ft.. 2-storv Buildinq
Restrooms: 4Stainruavs: 2
Buildinq is utilized as an Operations Center for the Public Works
Department. complete with a larqe,parts warehouse. valve repair shop.
administrative offices. locker roorns and showers, restrooms. utilitv
rooms. loadino dock and 24 hr. ger day staffej*,9ontrol Room. Facilitv is
of
and restroom/locker rooms'Aicount for approximately .?,500 souare feet
of area.
Level of Service: All areas on a Tuesdav/Fridav and Saturdav/Sundav
cleanino cvcle, bdhrooms to be cleaned dailv.
34. FIRE STATION TWQ Support Services/E"9.C.
2310 Pine Treq Prive r
3.400 q.f, (3-stprv oaraoe/office buldinq).
Restrooms: 3
Elevator: 1
ry]].'.l..].:'....li'.'l.]l]:l:.il'
Level of Service: All areas. includino restrooms. on a Mondav - Friday
:,r,rr,, cleanino cvcle. E.O.C. to be cleaned on Friday.
36. ET,FET MANApEMENT
HqM,r,p of oogiation: 8:00am - 5pm Mondav - Friday
140 Macarthur Causewav
14.000 sf '
RestroomS: 2
Administrative offices. storeroom and oaraoe bavs.
Level of Service: All areas. includinq bathrooms, on a Mondav - Friday
cleaninq cvcle.
37. SANITATION
Hours of operation: 8:00a.m. - 4:30p.m. Mondav - Friday and 5:00 a.m.
- 3:00 p.m. Saturdav - Sundav
140 Macarthur Causewav
20.000 sf
Two storv
Page 6 of 16
12
20,000 sf
Restroom: two
Administrative offices, storeroom, lounoe and oaraoe bays.
Level of Service: All areas on a Tuesday/Fridav and Saturday/Sundav
cleanino cycle. Bathrooms cleaned daily.
38. SOUTH POINTE PARK RESTROOM
Hours of Operation: 7:00 a.m. - 8:00 p.m. Mondav - Friday and 8:00
a.m. - Midniqht Saturdav - Sundav
One Ocean Drive
800 sf.
Male/Female
Level of Service: 7:00 a.m. - 8:00 p.m.: iMonday - Fridav at one hour
intervals: 8:00 am - Midnioht: Saturday - Sundav (16 hour shift).
40. 6th STREET RESTROOM
Hours of Operation: 7:00 a.m.-10:00 p.m. MorrrSav - Fridav and 8:00
a.m. - Midniqht Saturdav I Qufidav
1,000 sf
Male/Female
Level of Service: 7:00 a.m.-10:00 p.m.: Monday - Fridav at one hour
intervals: 8:00 a.m. - Midnioht: Saturdav - Sundav (16 hour shift).
41. loth STREET RESTROOM ,
Hours of Operation: 7;00 a.mi:1Q:00 p.m. Monday - Fridav and 8:00
a.m. - Midnioht Saturday - Sundav
lU- t Ucean
Male/Female
+9. zt't srREEr nesrRoor\r
Hours of Operation: 7:00 a.m. - 8:00 p.m. Monday - Friday and 8:00 a.m.
- Midniqht Saturday - Sundav
21st Street & Collins Ave
864 sf
Male/Female
Level of Service: 7:00 a.m. - 8.00 o.m.: Monday - Fridav at one hour
intervals: 8:00 a.m. - Midnioht: Saturday - Sundav (16 hour shift).
intervals: 8:00 a.m. - Midniqht:.iiFqturday - Sundav (16 hour shift).
Page 7 of16
13
(d) ITB No. 269-2013-ME, Appendix B. Janitorial Prooram Requirements.
Section 2.0 Locations & Hours of Operation, of the Aoreement is herebv
modified to include:
58.1833 BAY ROAD - PROPERTY MANAGEMENT
Hours of Operation: 7:00 a.m. - 5:00 p.m. Monday - Fridav
Occupancv Load: 30
1833 Bav Road
23.525 sq. ft.: 2-storv
Restrooms: 4
Elevators: 1
Stairwells: 2
Warehouse Bavs: 6
Level of Service: 5:00 p.m. - 9:00 p.m.: MondayMednesdav/Friday
59. FLAMINGO PARK (P.A.L.) POLICE ATHLETIC LEAGUE BUILDING
Hours of Operation: 8:00 a.m.:8:00 p.m. Mondav - Friday
Occupancv Load: 250ffi
tgSOZ so. ttj-storv '
Restrooms: 4
Elevators: 1
Stainrvells: 2
Water Fountains: 5
Level of Service: 5:00 p.m. - 5:30 p.m.: Mondav - Fridav
': t.
60. Hr$roRrc olp ctrY HALL
HouF of Operation: 8:00 a.m. - f:00 p.m. Monday - Fridav
Occupancy Load: 500
1130 Washinoton Ave.
34.880 sq. ft.: 3 storv
Rgslroomsl' '$r:: :"""'
Elevators: 2
City" Departn'l*Igs are located on the followino floors: 7th and 8th floor
61. LOG QABl,trl
Hours of Operation: 6:30 a.m. - 3:00 p.m. Mondav - Friday
Occupancv Load: 19
8129 Collins Avenue
4.000 sq. ft.: 1-storv
Restrooms: 2
Level of Service: Mondav throuoh Friday cleanino cycle (anv time after
8:00 am and before Noon).
62. NORTH BEACH BUILDING DEPARTMENT
Hours of Operation: 7:30 a.m. - 4:30 p.m. Mondav - Friday
Occupancy Load:
Page 8 of 16
14
962 Normandv Drive
1.655 sq. ft.: 1-story
Restrooms: 1
Level of Service: 4:00 o.m. - 4:30 p.m: MondayAffednesdav/Thursday:
4:00 p.m. - 6:00 p.m.: Tuesdav/Fridav
63. NORTH SHORE OPEN SPACE PARK
Hours of Operation: 7.00 a.m. - 8:00 p.m. Mondav - Sunday
Occupancv Load. 500ffi
SZSOO sqjt- 2-storv
Restrooms: 7
SPECIAL REQUIREMENT:
One (1) Porter 8:30 a.m. - 5:00 p.m.: Mgnday - Fridav
One (1) Porter 2.00 p.m. - 9:00 p.m.: Monday - Fridav
10:00 a.m. - 6:30 p.m.: Saturday
9:00 a.m. - 4:00 p.m.: Sunday 1,l,.,,,..,..,,
'i'r:]"'i:
64. PARK RANGER FACILITY
Hours of Operation: 7:00 a.m. - 10:30 p.m. Monday - Sundav
Occupancv Load:
225 Washinqton Ave.
500 so. ft.: 1-story
Restrooms: 2
65. PARKING METER SHOP NORTH BEACH
Houfq,;oJ Operation: 6:00 a.m. - 2:30 o.m. Mondav - Sundav
Occuo?ncy Load:
8300 Collins AVenue
1.600 sq. ft.: 1-storv
R"tttoora, 2',,,',,
q0,. uNrpAp ButlrprNc PUBLtc RESTROOMS
,,1....,
7,.100am - 8:00om (Weekends)
7275 CollinqAvenue 555 sq. ft'
Restrooms: 1, men / 1 women
service)
7:00am - 8:00om (Weekends) (1 dedicated porter)
(e) Section 2.1 'HOLIDAY & SPECIAL EVENTS EXTENDED SCHEDULE FOR
BEACHFRONT RESTROOMS', of Appendix B "JANITORIAL PROGRAM
REQUIREMENTS', of the Agreement is hereby deleted in its entirety and
replaced with the following:
Water Fountains: 1
Page 9 of 16
15
2.1 HOLIDAY & SPECIAL EVENTS EXTENDED SCHEDULE FOR
and 21st Street. and South Pointe Park Restroom). will be open as follows:
Soecial Event Extended Schedule*
4"' of Julv
8:00 a.m. - Midniqht on a sixteen (16)
Memorial Dav Weekend
Art BaselWeek
Art Deco Weekend
Food and Wine Festival
Gay/Lesbian Pride hour shift.Polo on the Beach
Sleepless Niqhts
Martin Luther Kino Weekend
Veteran's Dav Weekend
Sprino Break
New Year's Eve 8:00 a.m. - 3:00.a,m. on a nineteen
(19) hour shift ::: '
*Schedule may be adjusted per 1.0 Special Cond.itions. 1.11 Additional or Decreased
Compensation.
reouired to provide a porter at each'City,'.Bsachfi6nt:,,Restroom and a supervisor.
responsible for all locations, durirfg the qhig}rq,,?y.pnts."ri,,,
Chanoes tq lhe schedule stipulated above will be implemented per Section 1.11.
Additional orPegreased Compensation at an hourly rate of $21.67 per houn
(f) Section 3.1.2 4SUPenVlSlON',, of Appendix B "JAN|TOR|AL PROGRAM
REQUIREMENTS', of the Agreement is hereby modified to read as follows:
i:,,will a*ur" that all work required by this contract beThe Contractor
satisfactorily i0pervised. The Contractor shall provide sufficient onsite
supervision as ie,'essential to carry out all the terms and conditions of this
contract. At a minimum. per Section 2.0 "LOCATIONS & HOURS OFoPeRATp or.
responsible fgr all Citv Beachfront Restrooms, durinq the specified events.
The Contractor shall provide the City's Contract Coordinator with the name,
location, and telephone number of the supervisor(s) specifically designated
for this contract. The supervisor(s) shall be available at all times while
contract work is in progress to receive notices, reports, or requests from
either the Contract Coordinator or the designated Contract Coordinato/s
Representative. The project manager and supervisory employees must be
able to read, write, and speak English. No City employee is authorized to
exercise either direct or indirect supervision over the Contractor's employees.
(g) Section 3.1.5 'SERVICE CALLS', of Section 3.0 "TECHNICAL
SPECIFICATION', of Appendix B 'JANITORIAL PROGRAM
REQUIREMENTS", of the Agreement is hereby modified to read as follows:
Page 10 of16
16
A. A service call is a report by building occupants, City personnel, or other
interested parties, of a custodial problem and the Contractor's subsequent
response to, and correction of the problem. Service calls include any needed
maintenance requiring three (3) hours or less of labor.
B. The Contractor shall develop and implement a system to receive, respond
to, and track all service calls, trouble calls, or other operational problems, and
shall maintain a service call log containing, at a minimum, the following
information:. Name and telephone number of the requester.o A description and location of the problem.. Time and date callwas received.. Description of the action taken to resolve the problem, the time, date and
method (in person, e-mail, telephone) of corrective actions that were
reported to the requestor.
C. The Contractor shall maintain the service call log and shall have an
updated copy (within the proceeding 8 days) of the service,call log located at
the building site and be available for inspection by the Contract Coordinator
at alltimes.
D. For regular, non-emergency service'"oails, the Contractor shall respond
promptly (within t hour) to requests for service. lf the service call cannot be
resolved within one (1) hour due to circumstances beyond the Contractor's
control, the Contractor shall immediately notify the Contract Coordinator of
the problem and of the estimated time and date that corrective action will be
completed.
E. Emergency service calls are defined as those service calls required when
the work consi$ls,:of cone(ting failures, which constitute an immediate danger
to personnel or property, or,-when the work consists of correcting failures,
which have interlrlpled or adversely impacted either City opeiations or
building occUpant opgrations. The Contractor shall provide response,
including qualified personnel at the emergency site, within thirty (30) minutes
during normal ,operating hours and within t hour after normal building
operating hours and on weekends and holidays.
F. Cofrlr?ctor Will .be compensated for service calls at a rate of $21.67 per
hour.
(h) Section 3.1.11 "SUPPORT SERVICES', of Section 3.0 'TECHNTCAL
SPECIFICATION', of Appendix B "Janitorial Program Requirements" of the
Agreement is hereby modified to read as follows:
Support Services. The Contractor shall furnish the man-hours per day to perform City-
req uested support services.. The man-hours shall be furnished to the location specified by the Contract
Coordinator.. The Contract Coordinator shall specify the requirements for support
services.
Page ll of16
17
. The Contractor will furnish all equipment, supplies, and materials.. The work shall include, but is not limited to, the following activities:
1. Servicing complaints and performing special cleaning required by
vacating of space by occupants; alterations, special conferences; cleanup
work made necessary by toilet floods, rain and similar occurrences.2. Provide all cleaning and servicing required by the Contract
Coordinator.. Support services recommendations by the Contract Coordinator must be
reviewed and approved by the Property Management Director, or
designee, prior to notifying the Contractor.. Contractor will be compensated for suppo(.services at a rate of $21.67
per hour.
(i) Appendix C 'COST PROPOSAL" of the Agreement is hereby modified to
read as follows:
' GROI'P I
i tt., i L;o.c.q{:l . i...eer.ntr!y i utu i .urlL:$:r j I""#,iX**
i.---.1----.i. gilIl ..i. tz,-.". i -nr ,,.-...--.. $l5pps.:,iii .-$.lste%ss.I z I 9lyllll99l19g['_.9f i... ll ...i.....n1pr,!r...._:. - $q.6_7_3_g1 j ___..$.6sq9-5.2?i ; I lqgq€lg$ryS$. r -r,.:r,-tz.---...i-- -,ue!![- i qp;,,r.r.qri $.u.r.le$.g{i qf i -ry.!9yll,l-s ,::.. - i -!- i -rr,errrt I qt,-6piq-e-j .--..$.1-e-,?qt.qq-i i ss5Buitdins i i i $e33lei $ii'ie8'i6
i ---1f ----i------- - ------.-:-------i,-------.------l?---"----i------lvlprrlh --- j------VW-l!-)--- $29p2191-
i___1{_1_5___-L-- ---_Be_sllo-o-ryr___------- ----i - 12___-____i--____ry'pllh---_-:-------$?6?,91 j
_ _____$3,1y,12_ji I PolicelnternalAffairs(225 i i i i i: 1516 i Washington) i 12 I Month i $217,70 i $2,612.40 if --------_l__ ------t-----'- ----------_1--
i +efi iS.PointeParkBeachPublicRestroomi n i Month i gt,SSf.ZSi $tO,OOS.+ei
i--------i----3n-Stri,etEiilhFroniFJbtia-----i-------------i-- -- ---l------'--------l---------'-------1i : Jro litreet Beacn Front puottc i i i i I
i___12_lg_-_l_------__-----Be-slto-o-T --_-___- ____i______l?------ -i - - tlslr-_---j______$1.3-Q,/9_ j____-_$_1E99-5,$-j
Page 12 of 16
18
: i 6th Street Beach Front Public
i---$19 i -_--_--Bp-slr-o-o-0 _-_____i i 10th Street Beach Front Public: 1920 i Restroom: I 14th Street Beach Front Public
i---?qzf---i -- ----Ee-stloer-- - -- ------i i 21st Street Beach Front Publici 422 : Restroomi i 35th Street Beach Front Public
i_--4?.3_ -_",__-__-------_-Bpsltoor_n_ --
$1.333.2 1
$1,3-Q.Zg
$16,005.48 i
i 4e i ------r-,,-,Bss!'-:p,r, i J? : rylol$;:. i __$1.3-QZ_e-
ieei .611!9t'991ft:tlggry i ! i--trer,-u! i $1,-3-Q.29
i ?oz i Y$-:9-s.tigt9tt-l!![9l::tt99t1 i r?-------i-.---rrs'$- ] $1,3-ez9-
i ?g i q,li:d:a4ryqlg i 2 __.___i-__--Mpntrr_--__j $$,344-99.
', 4H i 1t191'-'glllllilg 9ggq: i la-.... i tvter,!1--.--l------$q.?s-6-z-8-
i aqgq I 9[ylglll-qtiE-q?1ry9 i ..12.,-----i------rvrq,!l-----i'-',,,,:,,,,$q,zs-8-.?9i- - _ - - _ - - - - -r- - - - - - - -i - - - - - - -
I egg i l9!Tyr-,-algle,Ilq91qq9 i Leu.,_----i----_-ue!!rt_____l___-_,qqppi..99_
i ez- ; 9yl:-'t-tPqll{il-s gglqy i l------.: ----rvr-or'-tr: I qt,-8.4-.w-
o-.u;^^ n^^^i-i^^iA-*i:^^^-------l----------------:----------------l--; Parking Department Operations
i ltcr" i -..1-qe?!iqr-.,-... i eqellity i q+S I glttqeet I te$l€e$ .llriffii,gqpppieqnq'e&q*]$qq1l$q99sqilii@it.*g-nieq€q+s]$q&i$"*iiaiWi+pq9ieqqflef9..*]$qq1$?wiiliwi----1,i9.0--.---ie**f*t]$qq1$gaqqii s i+tg' i uee i eqsqpftq* I $q$l g?,qqi
i s iygl,lgfPrrg i r+eqq I eqeqefr$ I $qp+ I $ee{q iI r lgffi*$erlr i sqpqq i eu**r*r i $see i $ffqe{q
iI g r-P$*rygt4ff- ----i-------a9q9-- -i s-e!€Efeqr j $qq1 j -----fis{q-ii---__-____i--
12
12 I tVgtrlt:
i Month12
12
Page 13 of16
19
2poo j seuare+eet i gn* i gns^oo i
1999 i --s.e€Effqt I qnqq I eqqaq i
i Uer i t=-oc-etje_n-..-------.. i Qselttl9 i Utwt i,r tqes_t i Ie!s!Qq$ j
i i South Pointe Park Ocean Rescue i : i i ii r i-F::i!!9:l t9!Yry-199i i r, "".-. I uer,u i s-aq-e i fi,5-8-3.44 j
i z i999II1l9yY9y1!c9$9lggrer:l- i I ?----..-i-..-.serh i ----$1,qqq,-6.3.-i. qqz.oeoq j
I E i-i99!I?[9yYgy!!cqrtgttgg$S -,.-r.--...1?. ] .-..uqr-----r.---- ..$1A!.1.t?":-------q1z.1ezQ4-lI t i!9ytj'-s!ol999lT-Tity99ll9t ----i ----1, , wlr i gq,qaq-so i -$11?!?.7? )i q i z,-91'-.-119919?!9t 99ll9l -.i- :a.,..- I J'{ i:- i qqeq-8o i q1g.750 -3? rI q il91!9!9!:199.1-I:Tt9..llgt 1,.--. ! --1..--.ruqrrrr---.-i.--- oo,r-qq-a i qzrlseee iI z i-ry9tT3l-dl-9!9tr.llt .-...- i -...1?..-..-i -uelu I sqae-a i $9,e-4-qo9 iI q i.n!91T9!-dl-9!919:9ygt!!iy$.,. i ..12.-. , lrqltrr-----i---- qqq-r? i $1,-0-e19t iI e i.n!9tTg!9yqg.*tltggL .t.-" i ra-.. i llqlrt-----i---- sqta-u-u- i $9.7-5!,r? i
-E*sd)
Proposer
GROUP 2
: iF,lpt$4goTennisCenterand i I i I it_ 14 i Beqt!@C i 12 I Month i $485.98 i $5,831.76 i_ - _ -...,.:. _ _ _ _ _
i iFlamingoParkBaseball,Fmtball i i i i iI it-ramtngoParr(BaseDall, l-ootDall i I i I i| 15 : stadium &Softball Field Restrooms i 12 i Month : $7g7.00 I $9,444.00 i
i iNorthshoreopqqsp,m,Perk i n i Month i sto,stz.tzi stzo.zoo.o+i-,r!_.rii:.f_ _ - - - - -i rq ilgll:l9l:9ry9ryi:qll'.': . y i rue!rr...-.i.-.- $1aa-a i $1.8esqe i
I tr..^^ h^-t- h^.,:t:^- o n^^r-^^-i 17 ltt'tyggeglreavllion&Restroom i n i uontn i $z't.qzi $,,ZOS.O+i
I lq i cresnirg( cql91& Restloom i n i Month i $ar r.ro i $e,zae.zo i
i Zt iFairwayParkCenter&Restroom i n i Month i $3+S.OZi $+,t+A.O+ir______ - - - - -f_ - " -"'t - - -' - - -
i ZZ i 12t Slreet Parking Garage i, fi i Month i $t,ee+.Oe i $ZZ,OOA.SO i
i zs i lolglt::ll:tlils 9-rJ39. i tz i r'lerrt-----r.---- $aaqq?s i qzr.rs.e.og l1,. ?t i l!_lgltqql?:tlils9.T99. i lZ : ltqtrt.. . i $qxaq_o_o_ i $1q?,0_0_q.Qq l
r----l!r---,-r--'-'11'l'l'y-'-::11:-YY-...----_____.:;.-..i.......1?.- - -:_-_-_Jr!q&___--l--__----fiqQ-0q-i------_-Q{.8_0_qQQ-rI g f-*fp+gg!+{ry_--;-.-___----- _i_. lZ ____j_----Mqnr[___--r.-- -- $.?9{..7.6.-i_---___ $2,8.12.]ari iFlpr$nsoTennisCenterand i i i i i
Page 14 of16
20
i zp : !?!iqtt991l-1,!rq-q?t1se ...--.i zo i l-ellgllqql?gtlil-s 9.,199.
i i Park Ranger Facility
12
1
i g ileed€erviee+reae f epp,,,,,lt,,:,.i.,:,_,6euarc+eet i gg++i glc.o0i
---Lrr-rr---t-
i q i9$:*S I $ps i sqmre+eer : gsosi g+s"os:j rc ;@ I .I*qgg r square#eer i seosi gc,s00"00ii:':/-____---r-i y L@-.--.,:,.:,-. i ++pq : square+eer i gg^gs: gloo^00 i
_-__-_t_-_-______-____J__----___---_---f --i i Proposer i Signature of Authorized i Name and Title of AutnorizeO I
i i i Representative iRepresentative i
L - - - - - - - - - - -!- - _ _ - - - - L - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - ! _ _
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect. ln the event there is a conflict
between the provisions of this Amendment and the Agreement, the provisions of
this Amendment shall govern.
THE REMAINDER OF THIS PAGE !S INTENTIONALLY LEFT BLANK.
Page 15 of16
21
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR G!TY:
ATTEST:
CITY OF MIAM! BEAGH, FLORIDA
By:
Rafael E. Granado, Gity Clerk Phil,ip,,kvine, Mayor
Date Datg ":r.ilir':,:',
UN]TED SERVICES, INC.FOR CONSULTANT. r,;,,
'li lr:llr:lll. r. l
.:..
ATTEST:
By.
Secretaqi:,..,,
Pri$,,Name
:r:ll,'., Date
PreSi&t
Print Name
Page 16 of16
22
Agenda ltem c{ M
Date- CA:j
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SUBPI\RT
B OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED..LAND DEVELOPMENT REGULATIONS," CHAPTER 142,..ZONING DISTRICTS AND REGULATIONS," ARTIGLE II,..DISTRICT REGULATIONS," DIVISION 13, "MXE MIXED USE
ENTERTAINMENT DISTRICT," TO CREATE SECTION 142.551
THEREOF, ENTITLED "ADDITIONAL REGULATIONS FOR
ALCOHOLIC BEVERAGE ESTABLISHMENTS," TO
TERMINATE THE SALE AND CONSUMPTION OF ALCOHOLIC
BEVERAGES AT ALCOHOLIC BEVERAGE ESTABLISHMENTS
LOCATED ON OCEAN DRIVE AT 2:00 A.M. EVERY NIGHT,
EXGEPT FOR INDOOR PORTIONS OF ALCOHOLIC
BEVERAGE ESTABLISHMENTS THAT ARE COMPLETELY
ENCLOSED AND LOCATED ENTIRELY WITHIN HOTELS; AND
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") regulates the location, size and hours of
operation, and patron age of uses that permit the sale and consumption of alcoholic beverages
in Chapter 6 of the City Code, entitled "Alcoholic Beverages," except as otherwise provided in
the City's land development regulations; and
WHEREAS, it is in the best interest of the City, and it serves the health, safety, and
welfare of the City's residents and visitors, to require that alcoholic beverage establishments
located on Ocean Drive terminate the sale and consumption of alcoholic beverages at 2:00 a.m.
every night, because the sale and consumption of alcoholic beverages during the early morning
hours along this vibrant corridor can disturb the quiet enjoyment of the community, cause
undesirable noise, and contribute to litter and noxious odors in the City; and
WHEREAS, the Miami Beach Police Department has requested that the City limit the
hours during which alcoholic beverages may be sold or consumed at alcoholic beverage
establishments on Ocean Drive, because the sale and consumption of alcoholic beverages
during early morning hours implicates the safety of the City's residents and visitors and places
demands on public safety resources; and
WHEREAS, on July 20, 2016, and as sponsored by Mayor Philip Levine, the Mayor and
City Commission adopted Resolution No.2016-29522, calling for a specialelection to submit an
advisory, non-binding straw ballot question to the City's voiers asking whether the Mayor and
City Commission should adopt an Ordinance stopping the sale and consumption of alcoholic
beverages at 2:00 a.m. instead of 5:00 a.m., for alcoholic beverage establishments located on
Ocean Drive between 5th and 15th Streets, except for indoor portions of alcoholic beverage
establishments that are completely enclosed and located entirely within hotels; and
23
WHEREAS, on September 27,2016, and pursuant to Resolution No. 2016-29590, the
Mayor and City Commission adopted the Ten Point Plan for Ocean Drive in order to balance the
vision of City leaders with the interests of residents, private property ourners, and busin*sses in
order to create a more welcoming and safer environment for residents and tourists visiting
Ocean Drive: and
IIIIHEREAS, accordingly, on September 27, 2016, the Mayor and City Gommission
adopted Resolution No. 2016-29589, repealing the Resolution calling for a special election; and
WHEREAS, notwithstanding the City's withdrawal of the advisory, non-binding straw
ballot question, the ballots were nonetheless tabulated, and 55.15olo of the City's electors voted
in favor of stopping the sale of alcoholic beverages on Ocean Drive at 2:00 a.m.; and
WHEREAS, lhe State expressly grants the Oity the authority to establish its own
regulations forthe time for sale of alcoholic or intoxicating beverages; and
$rHEREAS, pursuant to Sestion 562"14, Florida Statutes, no alcoholic beverages may
be sold, consumed, served, or pennitted to be served or consumed in any place licensed to sell
alcoholic beverages between the houts of midnight and 7:00 a.m., unless a rnunicipality elects
to establish its own regulations for the time for sale of alcoholic or intoxicating beverages; and
UiIHEREAS, in Wednesday Nigfrf, lnc. v. City of Fad Lauderdale, 272 So- 2d 502 (Fla.
1972), the Florida Supreme Court upheld Ses{ion 562.14, Florida Statutes, holding that the
statute, which relates to state, municipal, and county regulations of the time for sale of alcoholic
and intoxicating beverages i1) does not contravene Federal and State constitutionalguarantees
of due proce$ and equal protection of the laws; {2) does not constitute an unlawful delegation
of the powers of the legislature; and (3) does not contravene any of the prohibitions against
special laws or general laws of local application appearing in Section 11 of Article lll of the
Florida Constitution; and
Vt HEREAS, Florida courts have determined that it is within the police power and
authority for a municipality to change the hours of regulation of alcoholic beverages, because
municipalities have the statutory authority under Section 562-14, Florida Statutes, to restriqt the
sale of alcohol; additionally, a municipal ordinance regulating the hours of sale of alcoholic
beverages may be applied to a property incorporated later into the municipality by annexation.
Village of North Palm Baach v. S & H Fosfe/q /nc., 80 So. 3d 433 {Fla. 4th DCA 2012}; and
WHEREAS, Florida courts have held that a rnunicipality exercising its inherent powers
may reasonably regulate the sale of intoxisating liquors and, in providing such relasonable
regulations, may prohibit sale of such liquors within cefiain zones. Sfafe ex rel. Floyd v. Noel,
169 Sc. 549 (Fla. 1936);and
WHEREAS, the Florida Attomey General has opined that a municipality may regulat* (1)
the hours of sale, (2) zoning of locations in which alcoholic beverages may be sold, and (3) the
sanitary conditions under which alcoholic beverages may be dispensed or served to the public.
Op" Att'y Gen. Fla", 059-73 (1959); and
lltfHEREAS, the Ci$ may regulate the houra of sale of alcoholic beverages at sidevualk
cafes, provided the regulation$ are not exercised in an arbitrary or discrirninatory manner, and
are grounded upon some reasonable basis of classification with reference to the subject matter
to be regulated. Makosv. Prince,64 So.2d 670 (1953); and
24
WHEREAS, such regulations may establish separate eones and do not require that
regulation of hours be uniform throughout the jurisdictional limits. Id.; and
WHEREAS, in fact, the Florida Attorney General has opined that different hours may be
provided for in a municipal ordinance, provided there is reasonable relation to the health, safety,
and morals of the community. Op. Att'y Gen. Fla., p. 497 (1950); and
WHEREAS. a business is neither entitled to .grandfathered' status nor entitled to enjoin
enfrorement of an ordinance regulating the times during which liquor may be sold. Village of
North Palm Beach v. S & H Fosfet's lnc., 80 So. 3d 433 (Fla. 4th DCA 2012); Other Ptace af
Miami, lnc. v. City of Hialeah Gardens,353 So. 2d 861 (Fla. 3d DCA 1977); and
ITVHEREAS, injunc{ive relief is not available against the enforcemefit of a municipal
ordinance regulating the time at which alcoholic beverages may be sold, becausa municipalilies
have the stalutory authority to set times for sale of alcoholic beverages. ld.; Playpen 5., lnc. v.
City of Oakland Parl<,396 So. 2d 83S (Fla. 4th DCA 198I); and
WHEREAS, Florida court$ have ruled that hours of operation are not a property right" S.
Daytona Resfs., lnc" v. CIfy of S. Daytana, 186 So. 2d 78 (Fla. 1st DCA 1966); and
WHEREAS, the amendments set forth below are neces$ary to accomplish the objec-tives
identified above.
NOYI', THEREFORE, BE IT ORDAINED BY THE KIAYOR AND CITY COMiIIISSION
OF THE CITY OF TTIIAMI BEACH, FLORIDA:
SECTIOH {. Chapter 142 ol the Gity Code is hereby amended as follows:
GHAPTER 142
ZONING DISTRICTS ANN REGULATIONS
ARrrcLE n. - orsrircr nJcuuarons
***
DIVISION 13. - ITTXE MIXED USE ENTERTAINMENT DISTRICT
$ec. {42-55{. Additional feaulatigns for alcoholic beveraqe establishrients.
{g} #o#.fs of sale. NoMthstanding the regutations set forth in section 6-3. alcoholic
beveraseq ahall not be offered for sale or consumptiqn between tnq hours of 2:09 a.m.
and Q:9P a.m. at qJcoholic beveraoe establishments lacated between Ocean Court to the
west. Ocean Drive to the east. 5th Street !o the E*U!.h-...*nd 1Sth.,,$treet to the north.
lh) Excepfions" Notwithstandino subsection (a)" and onlv a$ applicable to indoor portions of
alcoholic heverage establishments that are completely enclosed and located entirelv
within hotels located between Ocean Court,to the west. Ocean Drive to the east Sth
Etreet to the south. and 15th Street tgJhe no*h, alcoholic beverages shall not be odqred
for sale or consumption between thg, hpurs oL,5:00 a-m. and 8:00 a.m.
25
sEcTloN 2. coDlFlcATloN.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida" The sections of this Ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance'may be changed to "section,'
uarticle,o or other appropriate word.
"SECTION 3. REPEALER
AII ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
sEcTloN 5. EFFECTIVE DATE1
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this daY of
ATTEST:
2417.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(sponsored by Mayor Philip Levine)
Underline denotes new language
$rife+nre*tgh denotes removed lang uage APPROVED ASTCI
FORM & LANGUAGE
& FOR EXECUTIONe ''lo,'.'1ffiatmrney Dotel]r
F:\ATTO\IGLN\ORDINANCESUAM Ocean Drive Alcohol revised w hotel exetnptiondoQ(
4
26
Agenda ltem
Date
/\AIAAAISTACH
N eighborhood/CommunityAffairs Committee Meeting- Afteraction
City Hall, Commission Chambers, 3rd FIoor, 1700 Convention Center Drive
May 19, 2017 - 10:00AM
Commissioner Micky Steinberg, Chair
Commissioner Michael Grieco, Vice-Chair
Commissioner Kristen Rosen Gonzalez, Member
Commissioner John Elizabeth Aleman, Altemate
Visif us atwrtonmiamibeachfl.gov for agendas and video streaming of City Commission
Committee Meetings.
A meeting of the Neighborhood/Community Affairs Committee was held on Friday, May 19,
2017 at 10:00 a.m. in the Commission Chamber, 3rd Floor of City Hall. Commissioners in
attendance: Commissioners Micky Steinberg, Michael Grieco, John Elizabeth Alemdn, and
RickyArriola. Members from the Administration and the public were also in attendance.
Meeting opened at 10:00 a.m.
OLD BUSINESS
1. DISCUSSION REGARDING THE IMPROVEMENT OFAMENITIES INSOUNDSCAPE
PARK
March 1,2017 - R9 C
Tourism, Culture, and Economic Dewlopment
ACTION
David Phillips from the New World Symphony spoke on behalf of the item. He showed a
presentation for the committee regarding ways to take the park to a higher level of
experience. The goal is to be able to better accommodate the high volume of people. He
provided explanations of their vision for Soundscape Park. The New World Symphony would
like a more pedestrian friendly area surrounding the park. The New World Symphony would
like to continue the conversations with City staff.
CommissionerAlem6n said the ideas seems very interesting, but she is a little bit concerned
about the removal the restrooms and they it will be too far. She said she wonders if they can
try to minimize the impact of the restrooms other than moving them that far away. She asked
if staff has had a chance to work through these ideas.
Kathie Brooks, Assistant City Manager said staff has gone through the ideas with the New
World Symphony, but haven't worked through them, developed any budget impacts, etc.
Commissioner Steinberg suggested directing staff to come up with a tighter concept and hash
some things out. Also, have a component go to the Finance and Citywide Projects Committee
(FCWPC) because there will be a budget component.
CommissionerAlemdn said she saw the street leveling in Coral Gables that was mentioned in
the presentation, which can be very beautiful at times.
Kathie Brooks, Assistant City Manager said that Coral Gables did it in an interesting way,
because rather than raising the roads they did a gradual smoothing of the sidewalk down to
street level, which is less expensive. She saicl the;r conld defrnitely look into that.
27
Commissioner Steinberg said that there were great components that were shown, but they
need to make sure what makes sense.
CommissionerAlem6n complimented West 8 because when they do a project they are very
committed to the areas where they have had an impact.
MOTION 1: Vote of acclamation to minimize impact of bathrooms.
MOTION 2: Vote of acclamation to direct staff to work out the cost of the concepts with New
World Symphony.
MOTION 3: Vote of acclamation to send a financial component to the FCWPC after
development of cost estimates.
2, DISCUSSION AND PRESENTATION ON MAKING MIAMI BEACH A"G!TYOF
KINDNESS"
October 19,2016 - Rg D Communications
Sponsored by Commissioner Steinberg
ACTION
Tonya Daniels, Director of Communications presented the item. She said that they have been
working closely with Commissioner Steinberg. She said they are going to start with an internal
launch as discussed. Then they will take it external and start with employees and City staff.
They have done a poll and there are actually a lot of things that departments are doing, like
charity work that we do not all know about. They are going to start with promoting those
things. They are going to start with the internal campaign and then take it external.
Commissioner Steinberg suggested sharing with everyone the idea of the tracker.
Tonya Daniels said there is a coin, in the coin there is a tracker, you go online to register the
coin, and when you give the coin to someone it is paying it forward. You register what you did
to be kind and then you give it to someone else. All of the acts of kindness are tied to that
coin.
Commissioner Steinberg said we will start with the City government first and work our way
out.
NO ACTION TAKEN
3. DISCUSSION REGARDING THE PLACEMENT OF FARAH SERVICE EUE SPORTS
EQUIPMENT AT DIFFERENT LOCATIONS THROUGHOUT THE CITY
Nor,ember 9,2016 - C4 A Parks and Recreation
Sponsored by CommissionerArriola
AGTION
DIRECTION: Deferred to the June 30, 2017 NCAC meeting.
4. DISCUSSION REGARDING BUMP.OUTS ON 4OTH STREET
December 14,2016 - C4 P Transportation
Sponsored by Vice-Mayor Rosen Gonzalez
ACTION
Jose Gonzalez, Transportation Director and Josiel Ferrer, Transportation Manager presented
28
5.
the item. Josiel Ferrer said that 40th Street was part of the Bayshore neighborhood
improvement. They took a look at the records of prior to the improvement and after the
improvement. This is all based on a request from the synagogue on 40th Street and Chase
Avenue. They have communicated with Rabbi Bixon and he said when there is traffic and
gridlock in the area, the bump-outs are becoming an impediment to turning movements. He
said they took a look how the street was prior to the bump-out conditions, the lane width
along 40th Street was between 11-13 feet, the parking width was actually 1'l-14 feet. There
was a 4-foot curb and gutter, a small planning strip, and then a sidewalk. With such wide
parking and intersections people could go around a car that was stopped at a stop sign and
make a right turn, now that is not possible. Before the crossing for pedestrians was 54 feet
and now, it is 33 feet. The pedestrian crossings are now a lot safer. This is consistent with the
street design guideline that was approved by the City Commission. Under the current
conditions, even if the bump-outs are removed there still wouldn't be enough room to
accommodate a vehicle turning.
Commissioner Steinberg asked if there is any other benefit of removing the bump-outs. Josiel
Ferrer said no other benefit they can think of, in the reality, not even additional parking
because the bump-outs are placed in a location where parking is not allowed anyway. The
only benefit of removing the bump-outs would be to make the pedestrian area lengthier to
walk.
Commissioner Steinberg suggested for Josiel Ferrer to brief Commissioner Rosen Gonzalez
since she is the sponsor and share their findings, if she wishes to bring this back in another
capacity they would be happy to hear it.
NO ACTION TAKEN
DISCUSSION ON OFFERING MIAMI BEACH AS A PILOT CITY FOR UBER SELF.
DRIVING CARS
January 11,2017 - C4 B Tiansportation
Sponsored by Vice-Mayor Rosen Gonzalez
ACTION
Jose Gonzalez, Transportation Director presented the item. He said they have been doing a
lot of research of this topic. He said there are different companies testing this concept in
various states. The technology is not yet operational in the industry. He said they looked at
the Florida laws and they couldn't find any regulations in law, there is language that allows
continued research and development of this technology, but not for operation. ln Miami Dade
County, they just recently launched a pilot program for autonomous vehicles. He said we
have been in conversations with the County and expressed the desire to join them; they said
they would not have any objections to that. Other areas being tested are Downtown Miami,
Key Biscayne, and FIU campus. Jose Gonzalez said he is seeking the committee's direction
on whether they would like to join the County on their effort or issue our own solicitation to
perform some type of pilot.
Kathie Brooks, Assistant City Manager said regardless of which option they choose the City
will have to have close integration with the County because of signalization issues. There is a
benefit of joining the County's effort to streamline.
CommissionerArriola said he thinks it is worth trying.
Commissioner Steinberg asked how this would work. She asked where it be. She suggested
Transportation coming back with more information of what this would entail.
Kathie Brooks, Assistant City Manager said they can do that, but the first question is would
this be something ihe committee wants them to do separately or with the County. There would
still be something on Miami Beach, but they could work with the County to help define where
this would occur.
29
6.
CommissionerAlem6n said she would think that we should join with the County. She
suggested to talk to the County about joining their program and find out what it would look like
in Miami Beach.
Jose Gonzalez said they are excited about joining the County's program. Commissioner
Steinberg said she is excited about the signalization.
MOTION: Vote of acclamation to join Miami Dade County's program for uber self-driving cars.
DIREGTION: Come back to NCAC after more details are discovered of how everything will
work.
DISCUSSION REGARDING LOWERING SPEED LIMITS AND/ORTRAFFIC
CALM ING IN RESIDENTIAL NEIGHBORHOODS
January 11,2017 - Rg F Transportation
Sponsored by Commissioner Grieco
ACTION
Commissioner Grieco said this is consistent with what was talked about at Commission; the
speed limits are too high. Coral Gables successfully sought to have their speed limits
reduced. He asked how they accomplished that and how would we go about doing that as
well. He asked what we can do to change how the speed limits are established.
Jose Gonzalez said that Commissioner Grieco is correct regarding what he said about Coral
Gables. He said they reached out to Coral Gables and the County as well to see how they
went about lowering their speed limits. The City of Coral Gables and Miami Dade County got
together and they agreed on a methodology to identify target areas within the City and
collected data on those roadways. The methodology calls for if 85% of the motoring public is
traveling between 22-28 mph that would justify lowering the speed limit to 25 mph. He said if
we desire a speed limit of 25 mph we would need to have an 85% between 22-28 mph.
Commissioner Grieco said that makes no sense. He confirmed that we would have to have
cars driving lowering than the speed limit in order to lower the speed limit.
Jose Gonzalez confirmed that is correct.
Commissioner Grieco said in Miami Beach if the speed limit is 35 mph people are probably
going 45 mph. lf we wanted to match the speed limits that people are actually driving we
would be increasing the speed limits in most of the neighborhoods. The point of this is to
reduce speed limits, so that if we wanted to conduct maybe a yearlong no tolerance policy,
strict traffic enforcement Citywide we would have something to enforce.
Kathie Brooks, Assistant City Manager said that she thinks part of the rational is that this is
what it takes to get the County's approval typically and the rational for that is if that is the
natural speed that is created by the roadway design that is the speed people will drive
anyway. What we have been promoting instead are those trafiic-calming measures you
actually change the roadway design so people naturally slow down. She said we may want to
look at more of those. She said if we do the Bayshore and Nautilus neighborhoods, maybe
we can use that to justify for them to do the lower speed limits in all neighborhoods, using just
those few neighborhoods.
Commissioner Grieco said that this is what was talked about the other day, about funding
those traffic-calming mechanisms to implement some of the traffic circles and other traffic
calming models. Anyone can ignore a sign. He said we need to keep this in the back of our
minds, in addition to the traffic calming measures; we need to reduce the speed limits also
which is consistent with what Commissioner Malakoff was saying the other day.
Kathie Brooks, Assistant City Manager said she wanted to clarify that the City of Coral Gables
30
7.
only did the lowering of speed limits on the City roadways they did not do it on the County
roadways. Our residential streets are City streets; they are not County roadways or FDOT
roadways.
CommissionerAlem6n said we shouldn't be looking at any of these streets or neighborhoods
in a vacuum. The other day we were talking about a request from North Bay Road to close off
North Bay Road to anyone that does not live there. That would cause even more congestion
and problems on Alton Road, which would cause even more cut-through traffic in other areas
such as Nautilus and Central Bayshore areas. This is all interconnected. We need to be
careful when considering these types of changes.
Jose Gonzalez said when they do a traffic study they do look at the impact the proposed
action will have on the surrounding streets.
NO ACTION TAKEN
DISCUSSION ON THE CREATION OF A MIAM!BEACH HALL OF FAME AND
ESTABLISHING CRITERIA PLACEMENT AND SELECTION PROCESS
January 11,2017 - RgR'lburism, Cuhure and Economic Delelopment Sponsored by Commissioner Steinberg
ACTION
DIRECTION: Defer to the June 30th NCAC meeting.
DISCUSSION REGARDING THE MAINTENANCE OF PUBLIG BATHROOMS
CITYWDE
February 8,2017 - C4 N
Parks and Recreation / Property Management
Sponsored by Commissioner Grieco
ACTION
John Rebar, Parks and Recreation Director and Adrian Morales, Property Management
Director presented the item.
Commissioner Grieco asked how they think we are doing.
John Rebar said we can do better. He said they are grading with the cleanliness index which
shows data where there needs improvement. They do need to upgrade some areas, there is
a budget request in this year, since some bathrooms are old. Even when they are clean they
don't look clean. Especially when they are trashed by certain users, by someone going in, but
there is also that old dingy look that they are progressively fixing.
Commissioner Grieco said we are a world class City and we don't have world class
bathrooms. He said especially in our parks or at the beach, when people go to the bathroom
and some of them are just a disaster. Even in some of the new parks. He asked how we
deploy the maintenance on this.
John Rebar said it is outsourced. Commissioner Grieco asked if it is all the same Citywide or
if there are different vendors.
Adrian Morales said for cleanliness the vendor is United Services lnc, the City's janitorial
contract provides service to those bathrooms. ln June, there will be an item to issue an RFP
for services since the current company isn't doing too well.
Kathie Brooks, Assistant City Manager said now that we have developed performance
standards for those bathrooms, we can incorporate that into the Bid, which we did not have
before.
8.
31
Commissioner Grieco said he thinks we can have a better vendor. More importantly what we
are bidding out regarding responsibilities, hours, etc. is an important piece of this as well. We
are not a 9am-Spm City. We need to come up with a better framework to be presented in a
better way.
Adrian Morales said service right now is every hour in the public restrooms and during high
impact weekends every half an hour. Sometimes the traffic is so high that it is not even
enough. He said they are working on the specifications now.
Commissioner Steinberg said we have an opportunity to really look at the scope and taking
everything we have seen in the last few years and incorporate new criteria.
CommissionerAlemdn asked what the status is, she said she knows we have new bathrooms
going in at Flamingo Park, at North Shore Park, and she is not sure of the other ones being
put in around town.
Joh Rebar said that the one in Flamingo Park will be opening soon. Altos Del Mar, when that
project is completed there will be a restroom. They are working on adding an outdoor
restroom at North Shore Park and Youth Center, which they did hit some roadblocks at
Design Review Board. They have to go back and maybe redesign and look at some other
options.
The committee asked what the road blocks were. John Rebar said the design was not
accepted, they have either to redesign at that location or move it to a different location closer
to the interior of the park.
Commissioner Steinberg asked when they go in front of these boards, does that bathroom
have to be in a certain location for functionality. John Rebar said the North Shore Park is a
tight area, where they were suggesting locating the bathroom, had them relocate the batting
cages. lt is tight to the outfield. The other location it could be near the children's playground,
which would have less strict design standards, but then they have to decide what to do with
the children's playground. There is not much space at the park.
CommissionerAlemdn said if we are going to do something like that, this needs to be
completely rethought.
John Rebar said this is all fresh news, he spoke to David Martinez about this, if they are
thinking of redoing everything in the park, redesigning, increasing costs, there needs to be a
whole conversation. They may as well start from scratch to see what will work. They have
already met with an architect.
CommissionerAlem6n and Commissioner Steinberg want to meet with John Rebar
separately regarding North Shore Park and Youth Center.
Lori Needer, Parks and Recreation Facilities Advisory Board spoke on the item. She
mentioned that the board made a motion to expedite the bathroom at North Shore Park, the
bathroom has been a huge concern. Commissioner Steinberg said she doesn't want to have
to wait another year. CommissionerAlemdn said she is upset to hear that the Design Review
Board take the action they did. They need to improve safety by design. John Rebar said there
is in the budget for next year a luxury portable for the 2-week period for the lTF, something
similar they do for Miami Open.
Debora Turner, First Assistant City Attorney asked if there was direction to come back with
this item.
Commissioner Steinberg asked if this has to go to Commission anyway.
Kathie Brooks, Assistant City Manager said she wasn't sure if it would be a Bid or RFP. Adrian
Morales said it will be an RFP. Kathie Brooks said then it would need to go back to
32
9.
Commission.
NO ACTION TAKEN
DISCUSSION REGARDING THE CITY OF MIAMI BEACH BRANDING.MUNICIPAL
LOGO
February 8,2017 -R9 E
Communications
ACTION
DIRECTION: Defer to the June 30, 3017 NCAC meeting.
DISCUSSION TO RECONSIDER THE CIry'S USE OF BONDED AGGREGATE FOR
TREE PITS
February 8,2017 - Rg O
Public Works
S ponsored by Commi ssioner Alenxin
ACTION
Rodney Knowles, Greenspace Management Division Director presented the item. He said
that the bonded aggregate we are using throughout the City has come in handy, it has helped
retrofit a lot of existing tree pits that have mature trees in them. The benefit of using it, there is
a lot of concrete settling and there are some situations where the bonded aggregate can be
adapted to the existing trees in existing conditions. ln regards to other methods there are
metal grates, the ideal situation is when the trees are first installed on a level surface. The
problem is, as the tree grows there is a risk that the metal grates will damage the trees. lf
there is some kind of settling around the frame then you will have the panels upheaving and
causing trip hazards. The metal grates are also notorious for collecting trash, cigarettes, etc.
metal grates also don't allow water run off properly, and they don't help with gaseous
exchange in the roots. As the tree grows, you run into issues again with the removable
surface meets the tree trunk. Bonded aggregate works because even if the product fails, it
doesn't damage the tree and it can be taken out.
CommissionerAlem6n said when she first asked about this she was told that the bonded
aggregate doesn't crack or break and she had photos from residents all over town. She asked
if we have resolved the issues.
Rodney Knowles said that the issue with bonded aggregate is a new product and there are
several vendors throughout the country who are hocking their product. They went back and
looked at the formulation and decided to standardize it so that different people are coming in
with their own different products. Planning and Parks and Recreation have worked with
Greenspace Management, now there is a contract with a vendor that understands exactly the
way we want it installed. The bonded aggregate goes to the edge of the pit, as the trees
sways the rest of the product will remain and only some will break away.
CommissionerAlem6n says that it sounds like the bonded aggregate cheaper, easier to
install, easier to maintain, and we have resolved with a new strategy and product the cracking
and lifting. She thinks on certain streets, on the iconic streets we would go back to the metal
grates since they are pervious as well. The perimeter of the openings in the sidewalks are
standard and as the tree grows it seems like there can be a depot with different sets of grates
with different sizes of openings. lf it is limited in its distribution to just those key iconic streets
you can keep an eye on it and as the tree was getting close you could remove the metal grate
and get a new one with a bigger opening. To her it seems achievable.
Commissioner Steinberg said they can look into that to see which streets it seems to make
sense on.
10.
33
11.
Rodney Knowles said the metal grates work best when there is a new tree being installed.
The concrete sidewalk everything is being poured at the same time.
CommissionerAlem6n said then the bonded aggregate it is.
Rodney Knowles said they will continue to look at alternatives as they hit the market.
NO ACTION TAKEN
DISCUSSION AS REQUESTED BY THE VENETIAN ISLANDS HOMEOWNERS
ASSOCIATION, ON ENHANCEMENTS TO THE PEDESTRIAN CROSSINGS ON THE
VENETIAN \'lAY, FROM RIVO ALTO TO SAN MARINO
March 1,2017 - C4 J
Transportation
Sponsored by Commissioner Stei nberg
ACTION
Juergen Brendel, president of the Venetian lslands Homeowners Association spoke on the
item. He said an issue is the small portable stop signs for pedestrians crossing Venetian Way.
As the Venetian Way is becoming a busier artery going from Miami to Miami Beach,
according to statistics there are about 200,000 vehicles coming across per month. He read
some emails from residents that are concerned. The association suggests putting some of the
flashing crossings like on Alton Road.
Jose Gonzalez, Transportation Director said that they have conducted an assessment of the
existing conditions at the un-signalized crosswalks and there is some room for improvement.
The Venetian Causeway is under Miami Dade County's jurisdiction, they would need to work
closely with the County on any improvements. They would desire as a motion from the
committee directing Transportation to work with the County to a great extent.
Commissioner Grieco asked where we are on the 2 pilot programs that are deployed now.
Jose Gonzalez said that there is funding available for some locations. Commissioner Grieco
said he meant the statistics. Jose Gonzalez said that pilot has been completed and it was
successful.
Commissioner Grieco said a couple of years ago they implemented a pilot program at South
of Fifth and one in Collins Park, where they implemented crosswalks with LED lights and
flashing beacons. There was statistical analysis done before, during, and after and the
statistics showed a significant increase of compliance and worthy of expanding the program
to other locations. Jose Gonzalez said that is all accurate.
Commissioner Grieco said that in his mind those two crossings on the Venetian Causeway
were on his radar for the second round of implementation. He asked if there was grant money
involved. Jose Gonzalez said it is capital funding.
Commissioner Grieco said even if we work out a deal with the County where we could chip in
or something along those lines, that he thinks those locations would warrant this. Other
locations in North Beach and on WestAvenue could be involved as well. He thinks this
location could be a perfect location to work on this with the County.
Kathie Brooks, Assistant City Manager asked Jose Gonzalez if we had the existing funding
fully allocated. She said we might need to go back, look, reprioritize, and bring it back here.
Commissioner Grieco said in the meantime communicate with the County and share our data
with them, he thinks that would be very useful. His own reservation is the amount of traffic on
the Venetian Causeway.
Jose Gonzalez said both the beacons and LED lights are options; they are working with the
34
County on approving the thresholds the Transportation depadment developed. Several
months ago, he came before the committee with some guidelines because they did not exist
for these types of devices. They do have candidate locations and they will look at their priority
listing to see if this one can be squeezed in.
CommissionerArriola said that he understands where Mr. Brendel's concerns lie and that the
City is working on it.
CommissionerAlemdn said she got a call from Commissioner Sally Heyman's office because
she had asked her to help with the Alton Road discussion appealing to Secretary of
Transportation Jim Wolf from FDOT. FDOT's methodology to decide whether a crosswalk is
needed is to look at pedestrians attempting to cross. Since that is the methodology and no
one is crossing Alton Road because of the many lanes, they decide they don't need to install
a crosswalk. We have to keep trying.
Kathie Brooks, Assistant City Manager asked Jose Gonzalez if he knows if there is an
opportunity to get something in as part of the Alton Road FDOT project. Jose Gonzalez said it
is not part of that. Kathie Brooks said if there is the opportunity to get that in, they should try.
Commissioner Steinberg asked what they need from the committee to get moving.
Jose Gonzalez said that Kathie Brooks reminded him of how they came before the committee
a couple of months ago with a list of priority locations for the LED crosswalks, there is no
additional funding available in the capital projects. They would need to come back before the
committee to reprioritize.
Kathie Brooks, Assistant City Manager said they can either come back to reprioritize or they
can make an additional request in the capital budget process that they will be going through
next month.
Commissioner Steinberg said to add it to the capital budget process, if they need to take
another look at the priorities that is fine, but she wants to make sure the strip is being
discussed now is added.
DIRECTION: Add this item to the capital budget process and provide a list of priorities from a
couple of months ago.
12. DISCUSSION REGARDING PILOTLESS DRONE TAXIS
March 1,2017 - C4 O
Transportation
Sponsored by Mce-Mayor Rosen Gonzalez
ACT!ON
Jose Gonzalez, Transportation Director presented the item. They have conducted some
research on unmanned air craft system also known as drones. This item pertains to
passenger drones, drones that are used for taxi purposed. They found that the first test for
this will be done in Nevada, but they don't believe it has started yet. This testing is for
research purposed only. They have looked into FederalAviation Administration guidelines and
one of the requirements states that you cannot fly these drones over people. ln a City such as
ours with so many people, that is quite challenging.
CommissionerAlem6n said that when and if the technology becomes available bring it back
then and let Commissioner Rosen Gonzalez know.
DIRECTION: Come back when and if the technology becomes available and inform
Commissioner Rosen Gonzalez, the sponsor of the item
13. DISCUSSION TO EXPLORE PLACING CAMERAS ON EVERYCORNER OF THE
35
MXE (MIXED USE ENTERTAINMENT) DISTRICTANDONTHE BEACHWALK, AND
INSTALLING EMERGENCY ACTIVATION BOXES ALONG THE BEACHWALK
March 1,2017 - C4 P
Police
Sponsored by Mce.Mayor Rosen Gonzalez
ACTION
DIRECTION: Defer to the June 30, 2017 NCAC meeting.
14. DISCUSSION ON ADDING PLAYGROUND EQUIPMENT ON THE NORTH SIDE OF
THE NEW PUMP STATION ON NORTH BAY ROAD AND 23RD STREET
March 1,2017 - C4 Q
Parks and Recreation
Sponsored by Mce-Mayor Rosen Gonzalez
ACTION
John Rebar, Parks and Recreation Director presented the item. This item is referring to a
street end and possibly making it park-like. Before they came back to committee they wanted
to do some public outreach on the item. There were mixed responses. He has received
strong no's. This is a family residential neighborhood. There were some folks that wanted a
little something maybe a few benches and maybe an area for dogs. There was strong
opposition to the adjacent homeowners. He is asking for further direction, if there is direction
to do something and maybe move this to the FCWPC, Parks and Recreation and CIP can do
some cost estimates.
Commissioner Steinberg said there were some emails regarding making sure there
cleanliness is taken care of and also the hours.
John Rebar said that this area is treated as a right of way by Greenspace Management ,
Parks and Recreation are going to put up some signs because it is used for recreational
purpose. They will install sunrise to sunset sign establishing times of access. They will be
taking a look at the cleanliness to make sure it is being kept clean. Police is also doing some
specialwatches because the residents said there is some explicit behavior there.
Commissioner Alemdn said she was reading over the survey, more than 50% of the people
surveyed do not want any change, the only interest was possible benches.
John Rebar said if he had a recommendation at this time, it would be to not turn it into a park,
to maintain it as a greenspace and maybe reevaluate next budget year to see if they want to
add any more amenities.
Sharon Pizzorni, one of homeowners adjacent to the greenspace. She strongly opposes any
people to be in that area. The noise is horrible. People are loitering and doing other explicit
activity. lt has changed their peacefulness living there. Hopefully there won't be any future
activity there.
CommissionerAlemdn said they will make sure Captain Pfrogner will be aware of the area.
Commissioner Steinberg said Captain Pfrogner has put a watch on the area.
NO ACTION TAKEN
15. DISGUSSION REGARDING TRAFFIC CALMING IMPROVEMENTS IN THE CENTRAL
BAYSHORE NEIGHBORHOOD AND DISCUSSION REGARDING RAISING STREETS
HIGHER THAN OUR HOMES
March 1,2017 - R7 J and R9 S
Transportation / Public Works
Sponsored by Vice-Mayor Rosen Gonzalez
36
16.
ACTION
Commissioner Steinberg said the discussed the traffic calming in the central Bayshore
neighborhood at Commission. She said she knows we are having a workshop and she asked
if this will be included. She confirmed that this will be taken up at the workshop.
NO ACTION TAKEN
DISCUSSION REGARDING FDOT RECONSTRUGTION OF ALTON ROAD TREES
March 1,2017 - Rg X
Public Works
ACT!ON
Eric Carpenter, Assistant City Manager/Public Works Director presented the item. He said
that this is really just an update on this particular item. At the direction of this committee they
went out to the neighborhood with a lot of help from the Communications department. They
have gone door to door to the 350 homes and touched every one of them. There will be a
public meeting next Tuesday evening at 6 pm. This is an educational meeting to talk about
the project, it is a City meeting. After the meeting they will be sending a survey out to get
feedback on how residents feel about the project and of the two alternatives that have been
discussed how they feel about them. Hopefully from that they will get a consensus and bring it
back here next month.
Commissioner Alem6n asked for the Alton Road Homeowners Association to be emailed
about the meeting.
Kathie Brooks, Assistant City Manager asked Eric Carpenter to state on the record of when
and where the meeting will be.
Eric Carpenter said it will be next Tuesday May 23'd al6 pm at the Miami Beach Golf Club.
DIREGTION: Come back to the June 30th NCAC meeting with results from the survey after
having the community meeting.
DISCUSSION REGARDING THE EAST VENETIAN BASCULE BRIDGE
March 1,2017 - RgV
Transportation
Sponsored by Commissioner Steinberg
ACTION
DIRECTION: Defer to June 30th NCAC meeting.
DISCUSSION REGARDING ATEMPORARY ART INSTALLATION, "ART IN MOTION"
COMMUNITY PROJEGT, TO PROMOTE THE ARTWORK OF MIAMI BEACH SENIOR
HIGH SCHOOL STUDENTS
March 22,2017 - C4 D
Organizational Development / burism, Culture, and Economie Derclopment
Sponsored by Commissioner Joy Malakoff
ACTION
Jim Morrison, Art in Motion said Art in Motion would be a temporary project featuring a full
color display placed in the middle of the Macarthur Causeway. lt has been developed to the
point where they have all of the content in place as per required by FDOT. lt has to be
brought to FDOT by the City through resolution in order for them to consider it. They are
looking to work with local student artists and showcase them during Art Basel. lt will be show
17.
18.
37
cased for a month during Art Basel through the holidays and then removed. There originally
was a sign and it has been gone for many years. There is existing power and they will tap into
that power in order to operate this installation.
CommissionerAlem6n asked if they are expecting any funding from the City for this. Jim said
not necessarily, he has been working with a grant writer currently putting together for some
funding for this. lt will operate as a non-profit.
Leslie Rosenfeld, Chief Learning Development Officer said she has spoken to the principle of
Miami Beach Senior High School, as far as the school system is concerned the permission
has been granted and they are in possession of the students' artwork. Jim said he actually
has content.
Commissioner Steinberg said they would have to make a recommendation to move forward
since the resolution needs to go to the Commission for approval.
Kathie Brooks, Assistant City Manager said that there are two things to consider. Art Basel
has not weighed in on this. We might want to check into that first.
Jim said there was discussion last year with Bob Goodman on this. Since this is not an Art
Basel sanctioned project he did not see it necessary to get directly involved.
Eva Silverstein, Tourism, Culture, Economic Development Director said the rendering in the
memorandum uses the Art Basel Miami Beach logo. The committee said they don't have the
rendering in the memorandum.
Commissioner Steinberg said you can't use someone's logo that is not yours.
CommissionerAlemSn asked Eva Silverstein to follow up with Art Basel on the logo.
Kathie Brooks said the second item is the FDOT approval, which will be required. Jim said he
has met with them a couple of times, they said 100o/o of the content had to be supplied as part
of the permitting process, so that is why he went to Miami Beach Senior High School to have
the content released. lt is only released for the permitting process. Based on the response
from FDOT and assuming the permit is allowed, and then you go back for individual releases
from the students.
Commissioner Alem6n said they should move it forward to the Commission pending FDOT's
approval and pending the discussion with Art Basel.
Commissioner Steinberg said the gentleman is trying to say in order for the process to get
started with FDOT the Commission needs to say they are okay with it.
Kathie Brooks said what she thinks Commissioner Alem6n was trying to say is that approval
can be subject to.
Jim said that he did visit with David Richardson and he said in order for him to step in with
FDOT there would need to be a resolution by the Commission.
The resolution would be subject to certain criteria.
Commissioner Alem6n said the big concern with the rendering it says Art Basel right on it.
Jim said the rendering was just for general purposes, of understanding where it would be
placed and discussion.
Commissioner Steinberg and CommissionerAlemdn said to get their approval or change the
rendering.
Jim said he did reach out to try and speak with Design Review board to try to get some input
38
on what they would like the installation to look like. He said there is a lot of room for changes.
MOTION: CommissionerAlemdn motioned to put a resolution together for the July
Commission meeting pending FDOT's approval and pending a discussion with Art Basel.
Commissioner Grieco seconded.
NEW BUSINESS
19. DISCUSSION REGARDING A NO PANHANDLING ZONE ON LINCOLN ROAD
April26, 2017 - C4 Q
Office of Housing and Community Services / Police / Office of the CityAttorney
S ponsored by Commi ssioner Alem6n and Commi ssi oner Malakoff
ACTION
DIRECTION: Deferred to the June 30, 2017 NCAC meeting.
20. DISCUSSION REGARDING THE PLACEMENT OF SIGNS DISCOURAGING
PANHANDLING
April 26, 2017 - C4 P
Office of Housing and Community Services / Communications
ACTION
Maria Ruiz, Director of Housing and Community Services and Tonya Daniels, Director of
Communications presented the item. They presented a handout to the committee.
Tonya Daniels said they were already working on signage with Maria Ruiz and her team to
place throughout the City to discourage panhandling; they are working on a campaign. lt
encourages other ways of helping. The handout is an example of graphics they created and
things like this would be placed in bus shelters and some posters. All of the items are still
under discussion.
CommissionerAlem6n said she is supportive of all of our attempts to cause a shift here. She
is open-minded of trying these ideas. She said she doesn't know what happened with those
Romero Brito meters.
Maria Ruiz said those meters help collect roughly $10,000 per year that goes to the homeless
trust budget.
Commissioner Steinberg asked if Maria and Tonya have sat down and worked through the
messaging.
Maria said yes with Tonya and her team, they have done this for a few months now. They
have looked at what other City's have done, they want to keep a balance of being straight
fonrard without being offensive. This particular campaign really stresses the fact that you are
not being compassionate by handing out the money. At the end of the day you are doing
something that is counterintuitive. She believes the message is strong.
CommissionerAlemdn said the particular guy in the handout looks more northern.
Commissioner Steinberg agreed.
Tonya said they do agree and they are working on that. She said they want to do a photo
shoot. The handout that was given was just an example.
CommissionerAlem6n asked where else are the signs going to go besides bus shelters.
Tonya said they are still working out the final details they need to look at budgets; there will be
post cards and flyers as well. Any resources that are free they will utilize.
Commissioner Steinberg said she thinks changing the conversation about it is key and it
39
21.
starts with the little things, hopefully they all come together and interconnect.
NO ACTION TAKEN
DISCUSSION REGARDING CITY SUPPORT FOR THE SOBE CATS SPAY &
NEUTER, INC. TRAR NEUTER, RETURN (TNR) PROGRAM
April26, 2017 - C4R
Public Works
S ponsored by Commi ssioner Alem6n
ACTION
CommissionerAlem6n gave some background on the cat situation in Miami Beach. Residents
on both sides have always had concerns on how the City if handling this situation. The City's
role has been to provide grant writing for the project called project cat snip. Our expert
partner, Mary Thinglestad from Sobe Cats and they are requesting continued budget support
for project cat snip. She explained they need help and resources to help spay and neuter the
cats living in the community so they can make a difference. ln Miami Beach there is a
strategy of attrition through sterilization. lf no one would dump another pet in a City of Miami
Beach we would work our way out of this situation. She said that she knows Mary requested
3 things to be considered, whether the City would allow a pilot program of the feeder that was
presented, whether the City formal registration and credentialing of the program volunteers
who actually provide a good service, they identify certain things, and also whether the City
would allow educational signage.
Mary Thinglestad said that she has been researching this on this project since they have
been getting grants, for 6 years. She explained that Sobe Cats is a non-profit organization; all
of the money they get goes towards the cats and their well-being. There is a need for feeding
stations in certain areas. Some people come to the City put down food for the cats and it
blows away and becomes a trash problem. The feeders are to have an organized community
project; they just want the City to help with some components. She found the planter as the
feeder and she is projecting it for the parks as the pilot program. She explained the
infrastructure of the feeder, it looks like a log and it will blend in to the environment. lt will feed
anywhere between 12-15 cats. They will be put randomly where there are colonies. There will
also be water bowls put inside of them. With the feeders there will be badges to explain
where they feed and how many cats are in the colonies. They will be identified for Police and
Code Compliance.
Commissioner Alemdn asked if Mary has sat down with staff regarding the program. There
are concerns about food and standing water.
Mary Thinglestad said there was a meeting and several members of the community and staff
came to the meeting to see a presentation about what this is all about.
Eric Carpenter, Assistant City ManagerlPublic Works Director said there have been several
meetings. He also said that Mary is fantastic, she does all of this for no money. We wouldnt
have a program in Miami Beach if it wasn't for Mary. He said that Ricky Falls has taken over
for Lynn Bernstein who has been the liaison for the TNR program. This is an extremely
challenging subject that we are trying to deal with. He said we want to control the cat
population humanely and get to an end result. He thinks here has been progress and we
have more contrl over the sitautin than we did in the past.
CommissionerAlemdn asked if we had a feeder like this, can we use it to slowly move the
cats away from humans.
Mary Thinglestad said they will be strategically placed to spread them out. Commissioner
AlemSn said right now the feeding is done in the rightof-way.
Mary Thinglestad said this pilot program is really a 3 point program in order to be successful.
One is the feeding station. two is the feeder who is orqanized and resoonsible. and three is
40
signage. The signage she's proposing is small, but it needs to say that it is monitored feeding.
Unless we put that out there to let people know to not feed the cats, people will want to move
food out for the cats.
Commissioner Steinberg asked Eric Carpenter what his input is, she asked if he needs to
work out some of the details to this new methodology of approach.
Eric Carpenter said he thinks the biggest complaint we get today is not the cats themselves, it
is the litter related to the feeding of the cats. Mary's program is great by letting people the
right way to do it, so there are not unintended problems.
Commissioner Alemdn said in terms of the program registration of volunteers, she thinks we
should do that. The respective departments will know the volunteers that are credentialed and
know they are doing it the right way. She would like to see as long as the City staff say they
have gotten over the hurdle of the devices and understand how it will be deployed she would
like to see us pilot this somewhere to see if it is a good tool.
Commissioner Steinberg said she likes the idea of the pilot. Mary said they did a pilot and it
was at least 4 years ago out from udner the boardwalk. it was great, the problem was the
homeless destroyed most of them because it wasn't this material of the new ones. It worked
really well.
CommissionerAlem6n asked for Eric Carpenter to work with Sobe Cats to determine the
proper locations and reprove that the pilot will work. She is very optimistic about this, but
before we invest in the devices Citywide she wanted to make sure they are working for
everyone involved. She said to bring anything from a budgeting standpoint. She said the
other item was Commissioner Steinberg's and it was more for budgeting resources.
MOTION: Vote of acclamation for Eric Carpenter and City staff to work with Sobe Cats and
also bring the implications to FCWPC.
22. DISCUSSION REGARDING ALLOCATING MORE RESOURGES FOR SPAYING AND
NEUTERING CATS IN MIAMIBEACH
April 26, 2417 - RgAB
Public Works
Sponsored by Commissioner Steinberg
ACTION
Commissioner Steinberg said she thinks this item should be at FCWPC since they need to
fi nd financial resources.
Commissioner Alem6n said that when she saw Commissioner Steinberg's item she was
excited because money is an issue. City staff has always helped Sobe Cats get the Pet Smart
grant. She said that from May 2012-2014 Mary spayed and neutered 2,000 cats. Through
2017 another 1,723 cats, she said Mary's goal this year is 500 cats. lt costs $70.29 per cat. ln
an ideal world, Mary said that if she had the funding for 2,000 more cats, that it would get her
through 2 kitten seasons per year, which is $140,000.
Commissioner Steinberg said that at the FCWPC meeting, they can hash out the different
levels of funding sources, what we allocate now and how much more is needed and what
impact it will have.
Mary Thinglestad said that they have done almost 7,000 cats. The community has joined in, it
is worth more than any money they could ever get. Mary said that on the website, the caring
for animals section needs to be updated.
Commissioner Steinberg asked for Morgan Goldberg to get in contact with Mary and find out
what needs to be updated by the appropriate person.
41
23.
MOTION: Vote of acclamation to refer this item to FCWPC.
DISCUSSION REGARDING THE INSTALLATION OF LANDSCAPING BY THE
MURANO AT PORTOFINO CONDOMINIUM ALONG THE PUBLIC BAY\'\ALK
ADJACENT TO THE MIAMIBEACH MARINA
April 26, 2017 - C4 S
burism, Cutfure, and Economic Derclopment
ACTION
DIRECTION: Deferred to the June 30, 2017 NCAC meeting.
DISCUSSION REGARDING THE NORTH SHORE PARK TENNIS CENTER
TEACHING PROFESSIONALS
April26, 2017 - C4T
Parks and Recreation
ACTION
John Rebar, Parks and Recreation Director presented the item. He explained that the
administration and elected officials have been receiving several emails from residents
regarding teaching professional at North Shore Tennis Center. He gave a little background on
what is happening up there. He explained they changed management of the two centers in
2014, at that time there were some holdover professionals at North Shore Tennis Center that
had a following and were teaching. After several different attempts to bring them on with the
new management company, nothing seemed to work out. Because they did have some
clients they continued to teach under the clause called 3'd party professionals. All of the
money should be going through the register and transparent. Since they weren't able to come
on as employees, they had to cancel that 3'd party option. The negative of this is that these
professionals are teaching the residents. The management company isn't doing anything
wrong, he said if he had to pass any blame it would be at the 3'd party professionals, they did
push the envelope. They were allowed to do semiprivate and private lessons, but they started
pushing it into group lessons and camps. He said he had to step in and protect the contractor
who was awarded the bid. The residents want these professionals.
He would like direction on whether they want to treat North Shore and Flamingo Park the
same or differently. First, they need direction on the impact they have with these tennis
professionals and need to know if there is a desire to take a different look at this center
differently than the Flamingo Park center.
CommissionerAlem6n said she received emails from allof the different parties. She
understands the 3'd parties are not operating under the rules they should be and on the other
hand she is getting emails from all of the residents that are using them and worried about
having the lessons with those professionals. She said she does think that North Shore and
Flamingo Park are different. She thinks that Miami Beach Tennis has resolved many issues
that she has heard about in the past. She would like for Parks and Recreation to take a look
at how they can run North Shore Tennis center differently. She said maybe they can come
back with some different options for running the center. She said she is sure those options
have different financial implications and to bring it back to the FCWPC.
John Rebar said they can run some models. He said they did a pre-bid in 2014, so they can
update some of those models and bring it to the FCWPC since there will be financial
implications to some of things they would bring forward.
Commissioner Grieco asked what happens next. He said he knows the people at North Shore
and people love them, but it is his understanding they want to operate as independent
contractors and handle their own transactions. He said that is not happening. Whether it is the
City managing the center or us outsourcing it to another company, he asked if we would be
having the same conversation.
24.
42
25.
John Rebar said there would be no model that he would bring fonruard and feel strongly
recommending that wouldn't be that there will be rules and they are going to follow them
regardless of who you teach. There will be transparency and accountability.
Commissioner Greico said that some of the emails he received, he finds completely offensive.
He said on some level it is a win-win, this is not just a conflict in personalities; this is a conflict
in the way certain people want to do business. He wants to make sure the expectations are
realistic.
CommissionerAlemSn said she thinks that it is for staff to do behind closed doors. Whatever
the new program ends up being, everyone has to be on board and follow the rules. Some
other things need to be put in for focus at North Shore Tennis center. There should be a
summer program, which is a missed opportunity. She said we need to put focus on things that
have been difficult to be resolved.
Commissioner Steinberg said this is an opportunity to make a positive experience for
everyone.
John Rebar said it would have met with those tennis professionals before he presents to the
FCWPC.
MOTION: CommissionerAlemdn motioned to move this to the FCWPC and the Parks and
Recreation Department to bring some operating models with financial implications, which can
be talked about at the FCWPC to consider it as part of the budgeting process. Vote of
acclamation.
DISCUSSION REGARDING EXTENDING THE MIAMI BEACH BOTANICAL GARDEN
TO THE COLLINS CANAL
April26, 2017 - C4U
Capital I mpror,ement P rojects
Sponsored by Mce-Mayor Rosen Gonzalez
ACTION
David Martinez, CIP Director presented the item. He said over the last couple of months the
City has engaged a design builder to install a pump station near 19th street that includes
reconstruction of portions of the sea wall on the Dade canal. As part of those discussions we
had approached Sandy Shapiro, the Executive Director of the Botanical Garden because of
the need to locate certain parts of the pump station within the Botanical Garden. He said he
believes this is what prompted the discussion of the desire for the Botanical Garden to extend
the work closer into the canal right of way area.
Sandy Shapiro said phase 3 of the design project of the garden incorporates access to the
garden on the north side which is along the Collins Canal.it seems as though this would be a
timely manner to combine that with the reconstruction of the seawall. The sea wall is going to
be done and the landscape there is going to have to be redone. lmplement the phase 3 of the
jungle's design plan. Activating an alternative pedestrian walkway would be great with the
surrounding areas.
Commissioner Steinberg said she likes the idea of everything, but she wants to make sure
from a practical standpoint and hearing from different departments that it will work the way
Sandy envisions it. She also said that she told Sandy it needs to go to the FCWPC.
Sandy said she received a fresh estimate of the project from Raymond Jungle.
David Martinez said the technical area they are referring to is between the seawall and the
Botanical Garden entrance.
Sandv said the area is currentlv manaoed bv Greensoace Manaoement. lf it was chanoed the
43
26_
Botanical Gardens would be responsible for the maintenance of the area.
Commissioner Steinberg said we need to verify again with the surrounding areas to make
sure everyone is on board to make it official. She also suggested between now and the June
FCWPC sit down with staff to fine tune what will be presented to the FCWPC.
Commissioner Alemdn said to disucss what the ask is from the City in terms of the capital
investment and what the implications are for the ongoing maintenance.
MOTION: Vote of acclamation to refer this item to the FCWPC to discuss changing the area
between the seawalland the Botanical Garden entrance in regards to any budget impacts.
DISCUSSION REGARDING CONTRIBUTING FUNDS TO A REGIONAL HYBRID
SKATEPARK/PUMPTRACK INITIATIVE AT HAULOVER !N CONJUNCTION W|TH
SUNNY ISLES BEACH, TOWN OF SURFSIDE, AND POSSIBLY BAL HARBOURAND
BAY HARBOR ISLANDS.
April26, 2A17 - C4V
Parks and Recreation
ACTION
John Rebar, Parks and Recreation Director presented the item. The Mayor of Surfside has
approached the City of Miami Beach, he is rallying up some neighboring cities to create a
regional skatepark/pumptrack because there is a need. He is not sure what the ask is, he
thinks we would be on the lower end around $50,000. Two of the cities have pledged
$150,000. He said he believes that funding would not be an issue; we may be able to use the
balance of the existing skatepark since it is not identifled to a site.
CommissionerAlem5n said that we only moved a portion of the existing money over for the
design of 72"d Street, she knows we did leave some money in the account. She asked if
anyone knew how much was there.
Kathie Brooks, Assistant City Manager said that she does not know how much is left, but
there is money left.
John Rebar said that David Martinez said there is a balance of $100,000.
Commissioner Alemdn said she is not adverse to partnering on this. She knows that installing
these is something that can done very quickly, if they already have contributing cities this will
be something we will probably see within a year. She thinks it needs to be a modest
contribution because it is not located in our City. She would not want it to take commitment
away from what we are trying to do at 72nd Street. She does not think it will serve the South
Beach residents, since she doesn't think they won't want to drive all the way there. She said
the project al72nd Street will take some time, so she definitely is interested in contributing to
this joint skatepark.
Commissioner Steinberg said she thinks it is a no brainer to have this regional skatepark on
the coast. lt has all of the facets that everyone is talking about. She thinks we should be a
good neighbor and be a part of this. lt will be transformative for the greater community. She
said as far as the money, it will need to be at the FCWPC.
It will be at the FCWPC this afternoon.
MOTION: Vote of acclamation to send this back to Commission with a favorable
recommendation.
DISCUSSION REGARDING THE GITY ENGAGING IN A TRAFFIC STUDY WITH T
HE FLORTDA DEPARTMENT OF TRANSPORTAT|ON (FDOT) TO SEE lF
27.
44
28.
REMOVING THE I.95 EXPRESS LANES WILL IMPROVE THE FLOW OF T
RAFFIC NORTHBOUND AND WESTBOUND
April26, 2017 - C4 W
Transportation
Sponsored by Mce-Mayor Rosen Gonzalez
ACTION
Jose Gonzalez, Transportation Director presented the item. He said he is seeking their
direction. There is an ongoing study that is looking at l-95 from US1 from the Broward County
line. As part of that study FDOT is not looking at eliminating the express lane, it is an
opportunity to look at options.
CommissionerAlemSn said so many people talk to her about how offensive it is that Miami
Beach residents cannot take advantage of the l-95 express lanes.
Commissioner Steinberg said when this was first being done, the City tried to change the
location back then. Now we have an opportunity because of the construction that will be
happening on the other interstates. She does not know with the traffic that will be casued, this
might be something that is necessary.
Jose Gonzalez said the City is part of the project advisory group and we attend every
meeting. lnput is being provided on the study. FDOT is well aware of our desire to have
access to the Julia Tuttle Causeway and the express lanes. He said his understanding of this
item is to if the express lanes can be removed all togethel not trying to improve access.
Commissioner Steinberg said that she understands now that the sponsor of the item wants
the express lanes removed all together. She suggested to find out from Commissioner Rosen
Gonzalez what her thoughts are to get better direction.
CommissionerAlem6n asked for some clarification on the project going on now. She received
a memo from FDOT, she understood it to be saying that for the next year or two the City
would be able to get onto the express lanes on a temporary basis. She asked if that is true.
Jose Gonzalez said not a direct access.
Kathie Brooks, Assistant City Manager said that her understanding was that they were
moving the entrance to the express lanes north around 30 something Street which is still
south of the Julia Tuttle Causeway.
DIRECTION: Come back to the June 30, 2017 NCAC meeting.
DISCUSSION REGARDING THE POSSIBILITY OF WRAPPING UTILITY BOXES
IN HIGH PEDESTRIAN AREAS
April26, 2017 - C4Y
PublicWorks
Sponsored by Commissioner Steinberg
ACTION
Commissioner Steinberg said that the City of Hallandale did this with PSAs and instead of
having just the box you can do something one of our great campaign things.
Eric Carpentet Assistant City Manager/Public Works Director said that he has seen that in
other cities, he said they don't have a strong opinion about this one way or the other because
most utility boxes are not owned by the City. The traffic control boxes are owned by Miami
Dade County, there are some FPL boxes out there. We do have the pump stations electrical
panels, but ultimately they are already looking at some type of screening for those.
45
Commissioner Steinberg suggested for her and Eric to sit down and she can tell him her
thoughts and discuss this. She said he made a good point that these boxes are not owned by
the City.
DIREGTION: Eric Carpenter and Commissioner Steinberg will sit down and discuss this
further and they will come back with the item if necessary.
29. DISCUSSION REGARDING THE BAYWALK AS WELL AS THE OPENING, BUILDING
AND FUNDING OF THE BAYIAALK BEHIND THE SOUTH BAY CLUB
April 26, 2017 - R7 C
Environnent & Sustainability / Planning / Budget & Performance lmprorement
ACTION
Margarita Wells, Environment and Sustainability Acting Director presented the item. She
explained that at the April 26th Commission meeting there was a discussion on a budget
amendment where the baywalk came up. The direction was to continue the conversation at
the committee level. She explained that in the memorandum there is a description of which
portions of the baywalk have been constructed, she continued to name the areas of where
they have been constructed. The challenge is that the South Gate Tower apartment baywalk
cannot be opened untilthe South Bay Club portion is completed.
Commissioner Grieco said it can, they are just choosing not to do it. Margarita Wells thanked
him for clarifying that.
Margarita Wells said that they submitted a capital budget request for $200,000 to start the
design for the South Bay Club. They are looking on the committee's guidance on how to
proceed.
Commissioner Steinberg said this is also going to the FCWPC this afternoon.
Commissioner Grieco said that there seems to be a solid commitment from the dais to make
the baywalk a reality. He asked what is going on with the beachwalk from 3-5th Streets.
Margarita Wells said they are waiting on funding from the Florida Department of
Transportation (FDOT), because it is fully funding by them. She said they are working with
FDOT on administrative papenrvork for the funding so this can be put out to Bid.
Commissioner Grieco asked if the plan is to put this out to Bid by the summer. Margarita
Wells said once they receive the funding in July, yes. The FDOT fiscal year starts in July and
that is when it would be programmed.
Commissioner Alem6n said since we have Commission recess in August, she asked if this
needs approval from the Commission in July to release the RFP, so we don't lose that month.
She asked if the RFP or RFQ can be pre-prepared.
Margarita Wells said she will look into that.
Commissioner Grieco said this is the best bang for the buck.
MOTION: Vote of acclamation to move fonruard with the funding of the baywalk.
30. DISCUSSION REGARDING CONCERNS RELATED TO ROGUE BIKE SHARE
PROGRAMS
May 17,2017 - C4 A
Parking/Code ComplianceiPolice Sponsored by CommissionerAlem6n
ACTION
Saul Frances. Parking Director oresented the item.
46
CommissionerAlemdn said this concept of rogue bike share was brought to her attention; it is
becoming very problematic in China. These types of vendors are starting to come to the
United States. She said she is not sure if they are in Florida yet. She said it has been quite
damaging and the request is to see if there is something we want to do for the ordinances in
case they set their sights on Miami Beach.
Saul said this is a different model of bike sharing. These rogue companies are coming in and
instead of going through the licensing process that legitimate companies do they just come in,
place in some cases hundreds of bikes in a particular location, and have a gps tracking, etc.
so people can use and they do not have to have a station. We do have legislation on the
books with right of way violations that can be issued. They have been discussing this with
City Bike for a couple of months and with the Aleksandr Boksner from the City Attorney's
Offlce. We do have the legislation to proceed, they just need to work out the details if we start
to see this in Florida. lf they start to see it they will gear up the process. Just to have a
process in place for when they confiscate the bikes and where to store them, what fees can
be assessed for the removal, etc. They are working out those details.
NO ACTION TAKEN
Meeting adjourned at12:03 p.m.
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48
Agenda ltem COD
Date L-7-/7
Ar1lA,^v{IBEACH
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of City Comm
FROM: Jimmy L. Morales, City Manager
DATE: June7,2017
SUBJECT: REPORT OF THE FINANCE AND C
ON FRIDAY, MAY 19,2017
DE PROJECTS COMMTTTEE (FCWPC) MEETTNG
A meeting of the Finance and Citywide Projects Committee was held on Friday, May 1 9,2017 al2:30
p.m. in the Commission Chamber, 3rd Floor of City Hall. Commissioners in attendance: Commissioners
Ricky Arriola, Joy Malakoff, John Elizabeth Alem5n, and Michael Grieco. Members from the
Administration and the public were also in attendance.
MEETING OPENED AT 2:35 P.M.
OtD BUS'A'ESS
'1. Discussion Regarding A Proposed lnterceptor Garage At 1623 West Avenue (Lot No. P23)
Commission ltem RgE, September 27,2016
(Parking)
Saul Frances, Parking Director
AFTER.ACTION
Saul Frances, Parking Director presented the item. He explained this was a potential pedestrian
bridge to connect the planned garage al 1623 West Avenue to the 1600 Alton Road Garage
developed by Crescent Heights. The prior direction from the Committee was to see if the
developer was willing to fund the pedestrian bridge, the developer requested an estimate for it,
CIP gave an estimate of about $300,000. The developer contemplated it and returned with an
unwillingness to fund it even though they were willing to provide the access at their facility.
There is some diminished public benefit here that if there was some potential to provide access
there is also a concern with the being somewhat making the City's garage more attractive
because of our rates and potentially filling that garage as opposed to the developers garage.
Commissioner Alem6n said she thought this was all to their benefit if they are not willing to pay
for it. Commissioner Arriola said that he is disappointed.
Michael Llorente, Llorente and Heckler spoke. He said he wanted to highlight the reason Mr.
Galbut decided not to invest in this pedestrian bridge. They see parking demand actually going
down including the use of carsharing etc. He said that ratherthan have a27O cargarage, since
parking needs are diminishing and the need for workforce housing is increasing they are urging
the City to consider focusing on workforce housing and include parking as a seconOary
component of the project.
Commissioner Alem6n said that she was allowing this to unfold.
We ore commilled to providing excellent public service ond sofety to oll who live, work, ond ploy in our vibront, tropicol, historic communif/.
To request this material in accessible format, slgn language interpreters, information on access for persons with disabilities, and/or any accommodation to reviewany document or participate in any ci-ty-sponsored proceeding, please contacl 305-604-2489 (voice) or 305-673-7218 oTy) five dayi in advance to initiate your
request. TTY users may also call 71 1 (Florida Relay Service).
49
3.
Saul Frances said they did receive direction from the Commission meeting to proceed with the
garage project at 1623 West Avenue, this item was solely on the pedestrian bridge component.
Commissioner Arriola asked if they talked about workforce housing on this site. Saul Frances
said we did.
MOTION: Vote of acclamation to move fonruard with Commission direction from Wednesday's
commission meeting and take the pedestrian bridge concept off of the table.
Discussion Regarding A Skate ParUParking Structure At The 72nd Street Parking Lot
(Ps2)
Commission ltem C4B, February 8,2017
(Tourism, Culture, and Economic Development)
Eva Silverstein, Tourism, Culture, and Economic Development Director
AFTER.ACTION
Jeff Oris, Economic Development Division Director presented the item. He said the reason this
is still here before the committee is because the direction from the committee was to bring back
conceptual designs. The full Commission has since decided to move fonruard and do an RFp for
the entirety of this lot, there was one conceptual design that had already been done. He said
they just wanted to make sure he showed the design to the committee. He said they can give
individual comments that can provided to the designer that the Commission wants for the lot.
Commissioner Alem6n said that all of it looks very interesting and it should certainly go into the
discussion with the designer.
NO ACTION TAKEN
Discussion Regarding A Potential Lease With The Venture City For Commercial Space
Located At 1661 Pennsylvania Avenue
(Jeff Oris)
Eva Silverstein, Tourism, Culture, and Economic Development Director
AFTER.ACTION
Eva Silverstein, Tourism, Culture, and Economic Development Director presented the item. She
said that the Venture City is a one stop shop for incubators, business accelerators, they are new
to Miamiand they are launching in Miami and internationally with the guidance of the Eieacon
Council. They have toured some of the properties in Miami Beach and are interested in a 2 year
rent free lease at the former Oolite space.
Laura Gonzalez-Estefani, CEO and founder of the Venture City spoke. She said they are trying
to help stimulate growth of the technology community. She gave some background of what-she
would like to do with the Venture City in Miami and how to connect it to the rest of the world.
Commissioner Arriola asked where she has done the incubator concept before. Laura said that
she has never done an incubator before, but has grown companies and different services and
products around the world. This concept is very different than other companies, she gave details
on the differences of this type of incubator and accelerators compared to other systems in the
world.
50
Commissioner Arriola said his challenge with this proposal is giving away this property which is
hot real estate. Due to close proximity to Lincoln Road the estimate is $60 a square foot
depending on a 1 year or 2year lease, which would cost $800,000 over the 2 years. He asked
why we would do this, when we can give this rent to a paying client or a nonprofit that we would
want to attract. He asked why Venture city over other deserving companies.
Laura said if there already is a nonprofit organization that can make use of the space, she would
definitely back up because they just want to contribute to the community. She definitely doesn't
want to get in the middle of anything. She said they do want to make Miami Beach as a hub for
technology, but they need commitment from the government. She said to think about it as a
partnership, they will reinvest in the community. She explained they can do many things in the
community.
Commissioner Arriola asked how many jobs would be created in the space. Laura said by the
end of the year they will be around 25 people, but they will be bringing a lot of companies from
different areas around the world to have a hub here. They will be bringing a team of 12 people
from Brazil, 3 start ups from Colombia, and a couple from Sweden. They will be generating a lot
of jobs and internships. CommissionerArriola said that he would not like to support the
proposal.
Commissioner Alemin said that these people are world class technical people, this is a space
that has been more often empty than anything else. To incubate new business we have a whole
economic diversification strategy that is being worked on, the types of workers would be in our
community would be knowledge workers. There is a challenge of being able to live in the City
and work here. She said she doesn't think this would be a challenge with the Venture City
people. She said she appreciates the technology industry connection that would form between
the City of Miami Beach and the home cities that the people would come from. She thinks it
would be valuable and could lead to some interesting things. She said she believes the timing of
the 2 years fits well with the completion of the Convention Center. She said the City would need
to renegotiate at that point. She said she is in favor of giving this a try and she thinks it is very
much in line with the technology revolution. She mentioned there were two letters of reference
from Emerge and the Knight Foundation. She would ask that Commissioner Arriola reconsider,
since this still has to go in front of the Commission anyway. She would be honored if
Commissioner Arriola would allow this to go back to the Commission with a favorable
recommendation from the Committee, she said they can still talk about concerns and so forth at
that point.
Commissioner Arriola said that there are reasons why this space has sat empty for the last
couple of years. lt has been used for the Convention Center. The City did not want to go out to
market to find users because we have been trying to preserve it for City use. He said he has
been talking about getting a nonprofit Arts organization to come in and use it for performance
spaces. He said since now we are open to putting it out to market, he does not want to rush into
the first offer that is given for the space. He would prefer to wait for something that works. He
also said he does not want to give free space to people who can afford to pay the rent.
Laura said that if this doesn't work this time maybe another time would. She said if not with their
project maybe there is another project the City can help out that is not so well funded.
Commissioner Arriola said that if they are looking for free rent, there are other areas they can
look into. He said North Beach can actually use the jobs they are providing. He said he would
be interested in discussing alternative locations in North Beach.
51
Commissioner Alem6n suggested sending this back to the Commission with no
recommendation and direction to staff to identify other possible locations that can be
considered.
MOTION: Vote of acclamation to send this back to Commission with no recommendation and
direct staff to identify other possible locations that can be considered.
ArEt/YBUST TESS
4. Discussion Regarding The Fees Gharges To Developers To Appear Before The City's
Land Use Boards
Commission ltem C4F, April 26,2017
(Sponsored by Commissioner Alem6n)
Tom Mooney, Planning Director
AFTER.ACTION
Commissioner Alem6n said she is the sponsor of this item at the request of the Chamber of
Commerce. She said when she was first elected the Commission they voted on this and
approved the modification of these fee schedules. She said now there have been some
complaints of the lack of a cap, this is a good chance to work together between the private
sector and staff to see if this is reasonable and to see if there should be any changes made.
Jerry Libbin, President and CEO of the Chamber of Commerce spoke on the item. He
mentioned he had some developers present at the meeting in case the committee had any
questions. He said in December 2015 there was a g8 page ordinance presented, he also gave
some background on the ordinance. He spoke about the cost of getting to the Design Review
Board and other land use boards.
Commissioner Alem6n said she met with Jerry Libbin, Carmen Sanchez, John Woodruff, Eve
Boutsis and went over the chambers proposal. She said she thinks we need to understand how
everything works.
Carmen Sanchez, Deputy Planning Director said after that meeting they put together an
analysis, which walks us through an example for a proposed project on Ocean Terrace and
what it would look like and what the fees would be for those. She said if we look back in 2015
when they adopted the ordinance, the implications behind this, they realized that the City's
generalfund was covering 72o/o of the cost related to the land development process. The
developers were paying 28% of the cost. They looked at other fees in other cities and our own
City's fees, they realized that sine 2002, the consumer price index as required by the ordinance
had not been reflected in the fees. They took a progressive approach with a goal to be cost
neutral, for development to pay for itself. The fees that are actually put in place would generate
that. She said these fees have not been in place for over year, so she is not sure if theie should
be a cap or not. She said they mentioned when they were doing the fees that once there was a
full cycle they would come back to the FCWPC and the Land Use Committee and revisit that.
They also took strides to make sure the residents'fees were reduced in comparison to new
development fees. There is another aspect to this that is important, every time that a developer
comes to the Commission, it requires modification to the land use regulations, they are not
paying for that. When the changes are made the City is assuming all of the costs. For example,
in North Beach the City did certain changes to the LDR, the comprehensive plan, the land use
map, and the zoning map, which would have cost developers $344,000. Every time a project
comes before the Commlssion and there is a referral, the City absorbs the cost of doing -
52
business.
Commissioner Alem6n asked if no Commissioner had sponsored any item on the table
presented, the developer would have paid the $344,000 and they would have gone to the Land
Use Committee and it would be the additional $135,000. lt would be about a half a million
dollars worth of fees to the City. One of the things that were pointed out to her was that
renovation of existing square footage does not incur any of the square foot fees. ln terms of
looking at the budget and seeing that it is netted very closely, maybe the calculation up front
was very good. Allof the burden is on the new square footage and none on renovations and she
thinks that needs to be addressed.
Carmen Sanchez said that they can look at that, how much of the renovation should be
assessed as opposed to new square footage. She referenced the table they provided, and said
in the last 2 years, the Commission has adopted legislation that if it were to be paid by the
developers it would be amount to over half of a million dollars. lt is important to understand that.
Commissioner Arriola said the purpose of the ordinance was to be cost neutral. There needs to
be a fair system, he said he is looking at it like activity based cost accounting. What is it that is
occurring in the City that puts the Planning Department into motion, that should be somehow
allocated back. He said he thinks that there are more renovations going on in the City than new
development. He thinks it should be looked at.
Carmen Sanchez said that is something that can be looked at. She thinks it is equitable to do
that, so that new development does not bare all of the costs. lt is just the way the ordinance is
written today, so the Planning Department was following direction.
Commissioner Alemdn said that when they were looking at when the fees start coming in, they
collectively observed when the developer is trying to put a project together, most of the initial
steps they are not being charged any fees. She thought that it is probably appropriate.
Carmen Sanchez said that the City doesn't turn anyone away. The fees that are being talked
about here sort of offset what the planning department does, but it does not take care of any
back of house of any management fees with Finance, Budget, City Attorney's Office, and oiher
support departments.
Jerry Libbin said that the employees are employed to do these jobs for the City. He also said
many of the developments are not homesteaded, which means they are growing the tax base
every year. He wants to know where that is being factored in. He said he would hope that a cap
would be put down that is more modest so people have an idea of where they are going on this.
Commissioner Arriola said that he shares in a lot of what Jerry Libbin said particularly the cap,
there is a point where you are building certain buildings that are not more expensive on the part
of the Planning department. He said that everyone wants to be equitable here. He said he
doesn't know how much time the Planing department needs to come up with some grids and
ideas to consider. He said if they can do it by the next FCWPC meeting that would be great if
not the next meeting.
carmen sanchez said she will do her best to have it for the next meeting.
Sandor Sher, lobbyist, said that when the Planning Department makes changes to zoning there
is usually a greater interest. There is a fundamental thing to encourage economic development.
DanielVeitia, resident, said that on the very smaller scale related to North Beach, many of his
53
clients went to land use boards just to be able to put a washer and dryer in. lt is discouraging to
have to pay in order for the board to tellthem it is okay to put a washer and dryer. People get
lost in the track of being forced to go to these boards for very small things.
Commissioner Arriola would like for Daniel Veitia to send some of his ideas and
recommendations for this item to him, John, and Carmen. ln reference to what Daniel was
saying he said it incentivized people to cheat the system and that is not what we want.
Commissioner Alem5n said for Daniel to follow back up with Carmen. This came up in the
detailed discussion that was had if you weren't adding square footage you weren't paying any of
these fees, that maybe we could do a better job there and use it for some of these small things
that were resident oriented.
DIRECTION: Come back to the next or following FCWPC meeting with some grids and ideas to
consider for this item.
Discussion Regarding The Living Wage Rates For Fiscal year 2017-2018, !n Accordance
With Chapter 2, Article Vl, Division 6, Section 2-408, Of The City Code
Commission ltem C4G, April 26,2017
(Procurement)
Alex Denis, Procurement Director
AFTER.ACT!ON
City Attorney Aguila said that as part of the annual budget review process, the City Commission
has the option of reviewing the current living wage and increasing it or not. This is the first step
which is brought up in the budget process, this is the first discussion that we have and the
discussion is on whether or not the living wage should be indexed this year in accordance with
the consumer price index. Alex Denis, Procurement Director said that the Living Wage is
governed by section 2-408 of the City code. The Current rate is $1 1 .62 with health benefits and
$13.31 without health benefits. The rates were last indexed in Septemb er 2014.ln considering
whether or not to index the rate, the City Commissioin has options. First option is to increase the
rate pursuant to the CPI or 3%, whichever is less. The code allows for a catch up option, the
catch up option is for those years in which there was no living wage increase, and finally the
Commission has the option of not increasing the rate at all. The CPI increase for the period
being discussed is 2.5% which will increase the rate to $11.91 with a $1.73 health benefit for a
total $13.64. lf the City Commission decides to go with the catch up, the CPI increase is 5.62%
which will result in a $12.27 rate with a $1.79 health benefit. The Budgetary impacts are
$351,000 for the first option and $799,000 for the second option.
City Attorney RaulAguila clarified that this is not a Citywide wage, the City living wage is an
hourly wage that the City pays to certain City contractors who do business with the City. This
includes parking attendant seryices, landscaping services, janitorial services, and those type of
basic City services. This living wage rate is for those City contractor employers to pay their
employees for performing these services in the City of Miami Beach.
Lili Bach political director for SEIU Local 32BJ spoke to address her concerns on the living wage
as it stands. The ordinance is outdated and is unable to fulfill its original purpose because of a
lack of an annual indexing mechanism. The base rate and the health differential have not kept
up with inflation and needs to be revised. She proposes that the City Commission take the
follwing measures. 1. lncrease the living wage base rate to accomplish its original intent which
is to provide workers an income of 10o/o above the federal poverty level. 2. lncrease the
healthcare differential to provide for at least the average cost of an employer paid single health
54
plans, which would mean raising from $1.69 per hour to $3.09 per hour. 3. Modify the indexing
formula for the base rate by providing for automatic indexing to inflation and removing the caps
for increases. 4. Modify the healthcare differential by using a relevant rate that accounts for
healthcare costs increases. The current wages listed does not allow for workers to afford
healthcare.
Commissioner Arriola asked why did the wage not keep up with inflation when inflation is really
low. Ms. Bach explained it was through the healthcare differential. Commissioner agreed and
added that the healhcare differential has grown at double digit rates and were only adjusting for
CPl. Ms. Bach explained that for Miami-Dade they were able to raise the living wage by fixing
the healthcare differential. Ms. Bach is suggesting $3.09 increase for the healthcare differential.
Raul Aguila explained that the there are two options with the living wage. One is a flat hourly
rate for exployers who choose not to offer benefits which is usually higher. The option Ms. Bach
is suggesting is an hourly rate plus a minimum hourly rate where you offer benfits.
Commissioner Arriola requested further clarification on the proposed reccommendation. Mr.
Aldon De Ryan, the lead researcher explained that to accomplish the goal of 1Oo/o above the
poverty line, the City needs to adjust adjust the $11.62 which is the lower end of the base rate to
$13.01 which is in line with Miami-Dade. ln October it will be $13.00 when it adjusts to inflation,
and also reinstated the suggestion made by Lili of adjusting the healthcare differential to $3.09
per hour which the cost of an average plan. This rate will also be in line with Miami-Dade in
October at $3.16 per hour. Those two together will be $16.16.
Commissioner Alem6n briefly reconfirmed the figures suggested by Mr. Aldon. Commissioner
Arriola asked when would this become effective, and would it be retroactive. RaulAguila
explained that would not be retroactive. Mr. Aldon clarified that this would be effective on
January 1,2018. Commissioner Arriola asked if it would be a gradual increase or a one time
increase. Raul Aguila explained that it is up to the City Commission, in the past the City has
done a phased increase and the City Commission can recommend by pursuant to an ordinance
ammendment. Commissioner Kristen Rosen Gonzalez stated that she understands that she
does not have a vote on this Committee but she would move fonrvard to make it effective
immediately. Commissioner Alem6n said that it sounds like an addition to the options and
briefly asked about the two different options offered. Alex Denis clarified that the options 1, and
2 are based on the current ordinance as of now, and refered back to RaulAguila's statement
that the City Commission can pursue to ammend the ordinance. Lili Bach said that they have a
different policy that will help ammend the ordinance, that way it will be inclusive throughout and
they won't have to keep coming back to address the shortcomings annually.
Commissioner Arriola stated that philosophicaly he agrees with her, however he wants to make
sure that the City gets the rest of it right and implements the right mechanism. Commissioner
Alem6n is in favor of modifying the healthcare rate, and she understands how crucial healthcare
is. Commissioner Arriola again reaffirms that he wants to make sure it gets done right and does
not want to make a decision now and just pick a number. He suggested bringing this discussion
back to the next finance meeting since the changes will not be effective till October or January.
Again Raul Aguila stated that this is part of the budget process and a decision does not have to
be made today. Commissioner AlemSn stated that the $3.09 increase for the healthcare
differential is good, however she would like evaluate a few of the scenarios. Alex Denis added
that the evaluation was made and it will be a budgetary impact of $351,000 for option 1,
$799,000 for option 2, but he does not know the budgetary impact of the proposed
recommendation by SEIU Local 328J. Lili Bach added that they have it and they can work with
Alex Dennis to calculate.
Commisisoner Alem6n asked Alex Denis to remind them why did the City Commission did not
decide to apply the increases with the catch up option in prior years. Alex Denis stated that last
55
6.
year it was the issue of not wanting the living wage to run away from the minimum wage issue
that was on the table but does not remember why for the year before. Raul Aguila said that one
of the reasons on years before the prior year the City did not index the living wage because they
did a phased in increase over 5 years ago which was a substantial increase to the minimum
wage. As far as whether or not the increase go, as you get further along the budget process
sometimes the decision not to increase is based on the potential increase in City contracts, in
the services that the City pays on City contracts. lt can be a business decision. Commssioner
Alem6n asked where does the City stand in comparison to the County, and other cities in the
County. Alex Denis said that the current rate for Broward County is $13.59 without the
healthcare diffenrentialand $12.03 with healthcare. Miami-Dade is currently at $15.52 with
healthcare and $12.63 without healthcare.
Assistant City Manager Kathie Brooks stated that some years that the City chose to not
implement an increase, they looked at cost of living adjustment that were made to City
employess because there needs to some level of parity between the increases of contractors
versus the increase of City employees that is also taken into consideration before is brought to
Finance Committee. Last year employees received a 1o/o Cola and then 15 months for the next
Cola which will be 3%, but we have not looked at the healthcare component of that.
Commissioner kristen Gonzalez said that she would be happy following the county's
implementation, and asked how did the county scale up the living wage. Mr. Aldon explanined
that in April last year the county voted to increase their health differential from $1.83 to $2.89
applicable January 2017, and they also changed the way they it gets indexed to inflation to
consider the increase in healthcare, that is why is this year is going to increase to $3.16 in
October. Commissioner Kristen Rosen Gonzalez asked what would be the hourly rate for an
employee with healthcare and without healthcare in Miami-Dade County. Mr. Aldon replied that
the rate they are proposing would be $16.16 per hour without healthcare, currently the County
rate is $15.52.
Commissioner Alemdn expressed that it is concerning on how the City of Miami Beach is so far
behind in comparison to the County's rate, and the City of Miami Beach has one of highest cost
of living rate, the highest percentage of income goes towards housing and the City needs to
close the gap on that. Commissioner Arriola again reaffirmed his position on taking time to
discuss with the City Staff to ensure the increase gets done right, and recommended deferring
this item. Commissioner Kristen Rosen Gonzalez added that the reason why she suggested
following the County's rate is because they probably use many of the same contractors that the
City of Miami Beach uses.
DIRECTION: item deferred to the June 16 Finance & Citywide projects Committee. Alex Dennis
will provide additionalfigures comparison for Miami-Dade County and other municipalities.
Discussion Regarding A Resolution Approving The City's Sponsorship Of The Nationally
And lnternationally Televised 2017 World Footvolley Classic, To Be Held ln The Gity Of
Miami Beach
Commission ltem C4H, April 26,2017
(Sponsored by Vice-Mayor Rosen Gonzalez)
Eva Silverstein, Tourism, Culture, and Economic Development Director
AFTER.ACTION
Eva Silverstein, Director of Tourism, Culture, and Economic Development introduced the item.
Commissioner Kristen Rosen Gonzalez expressed that she is very enthusiastic about this ask,
and is not a very big ask is because with the convention center closed many residents have
56
complained that we need to bring in more special events. This event is taking place in July
during "El Classico". A lot of the people that go to El Classico also go to the World Footvolley
Classic. This will bring in more people and it would be a great opportunity economically. Sergio
Menezes spoke and told a story about how he was introduced to Footvolley. Mr. Menezes
explained that he has worked with Graham Winick before, and that there were two Footvolley
tournaments in the past, and that this is an opportunity and a homecoming. The reason this one
is so special is because last year, thanks to their lobbying effort, Footvolley became a
demonstration sport in Rio. He is comparing how the first tournament was held at Nikki Beach
and was sponsored by Heineken, to receiving national and lnternational broadcast, and
sponsorship by Anheuser-Busch. Sergio explained that have partnership with regional sports
network throughout the U.S. and they air 100 hours of television each year. The sport originates
in Brazil the number one tourist market for Miami-Dade and South Florida, and there are many
compelling factors on why this event makes sense for Miami Beach. Most important reason is
that Broward wants this event and they sponsor a similar event yearly. Now do we want visitors
to come to Broward or Miami Beach? Since it started in Miami Beach, it only makes sense that
when Real Madrid and Barcelona face off in South Florida in 2017, we hold this event at his
home court South Beach.
This is going to be an annual event which will be sort of the World Championship of the sport.
Brazil has a large traveling middle class and that portion of people love the sport and play the
game. The idea is to have a top level event on the TV side and also have a participatory event
on the amateur side. Eva Silverstein stated that they are asking for a waiver of special event
permitting fee which is approximately $5,000 and a cash sponsorship in the amount of $1O,OOO
for the summer, and she recommends deferring to Budget if this is approved as to a funding
source. The FIVB Volleyball event gets funded around $500,000. Their most recent event that
just took place in the Bahamas which was the FIFA Beach Soccer World Championship; that
was a $3 million dollar budget, he is only asking for 910,000. Mr. Meneses describes that they
get more hours on television, it is a cutting edge sport, from Miami Beach, and they are going to
produce the best Footvolley event in the world. Mr. Menezes informed the Committee that he
also plays the sport, and was the captain of the US team in Rio last year, and he is asking the
Committee for support.
Commissioner Alem6n asked Mr. Menezes to describe the program of the World Footvolley
Classic, do they move around the world? ls it something that if it is a success he will bring back
to Miami Beach in subsequent years? What is the vision beyond 2017? Mr. Meneses states that
they have the Pro Footvolley Tour and this is a special one, their league is Pro Footvolley Tour.
They will be in New Jersey the week before that, they go to California, Colombia, and The
Cayman lslands. This is the Pro Footvolley Classic, because they play under the name El
Classico, and the under the name of World Baseball Classic which have a huge success,
therefore they decided on World Footvolley Classic South Beach. He also added that they are
many Footvolley organizations around the world that wants to own that cup, and they took the
lead on it. Commissioner Alemdn asked if this would be an annual event in Miami Beach, and
Mr. Menezes confirmed that it will be. Commissioner Alem6n asked the Finance Director John
Woodruff if there is a funding source for this event. Mr. Woodruff replied that it would be the
Resort Tax and it would be allocated during the budget process which would be in the next 2 or
3 meetings. Commissioner Alem6n asked if there was time since the event is in July. Interim
Budget Director Tameka Otto Stewart stated that they would be able to look into the current
budget for Resort Tax or possibly general funds to see if the City can come up with $1O,OOO.OO,
and maybe come up in the next meeting. Commissioner Alem5n stated that she agrees on
moving it forward and try to find the funds with current budget; it is not a large monetary amount.
Experience the event and speak about it in the budget cycle, talk about a place holder io try to
make this an annual event should it turn out to be a good event and a good fit. Mr. Menezes
added that NBC 6 Telemundo is going to be their local sponsor for television media, and iHeart
57
7.
Radio is going to be local radio sponsor, and nationaltelevision is beln Sports. The Committee
expressed that they are very happy for this event, and Commissioner Arriola asked if this is his
organization. Mr. Meneses explained that there are two sides to the organization; the non-profit
which is the federation which determines the national teams, and the commercial side which is
the Pro Footvolley Tour. Commissioner Arriola added that this is a small ask and hopes that this
event is successful this year, and make this a flagship event held annually in Miami Beach.
Commissioner Arriola like the idea that this will take place in Lummus Park, and the City is
trying to activate Ocean Drive around culture and sports.
DIRECTION: ltem moved; Tameka Otto Stewart to find the funding for this event.
Discussion Regarding Gontribution Funds To A Regional Hybrid Skatepark/Pumptrack
lnitiative At Haulover ln Conjunction With Sunny lsles Beach, Town Of Surfside, And
Possible Bal Harbour And Bay Harbor lslands
Commission ltem C4V, April 26,2017
(Parks and Recreation)
John Rebar, Parks and Recreation Director
AFTER.ACTION
Commissioner Arriola asked what happened with this item at NCAC.
Commissioner Alemdn said that NCAC referred this back to the Commission with a favorable
recommendation. They had a discussion of the relationship to the other item, they felt they were
not in conflict. She said this project will get done within 2 months. She said that Mayor Dietch
from Surfside was going to be there for the discussion, but then he missed it, he came to the
offices later. He said they already have a commitment of $150,000 and $50,000, the total bill is
$267,000. He still has to talk Bal Harbour and Bay Harbor lslands, which he intends to do, once
they get the agreement it is only 2 months of construction. lt will be in Haulover and all of the
municipalities that are participants will be recognized with a plaque. They would love to ask us
to go up to $50,000, depending on what he is able to get from Bal Habour and Bay Harbor,
which he will know soon. She said they have $100,000 left in the existing budget item for a
skatepark. She said she agrees if Commissioner Arriola agrees.
Commissioner Arriola agrees with up to $50,000, he thinks it is great and it puts a stake in the
ground not too far from Miami Beach. lt gives us time to see proof of concept because we will
be doing this ourselves eventually in the near future. We can see what works and what doesn't.
This is a small investment that has a great return. Our residents can benefit from it.
Commissioner Alemdn said it will help guide our design.
Commissioner Arriola asked John Rebar, Parks & Recreational Director if we know the
operating agreement would be. He said he wants to make sure Miami Beach residents have full
access. John Rebar said he does not know, but he willtake this direction and start working with
the County and with Mayor Dietch.
Commissioner Arriola asked who runs Haulover Park. RaulAguila, City Attorney said it is
unincorporated Dade County. Commissioner Arriola confirmed that any one in Miami Dade
County can use this facility.
Commissioner Alemdn asked John Rebar to come back to the June Commission meeting with a
resolution stating that the City contribute to for up to $50,000 for dollars to this project.
58
8.
DIRECTION: Come to the June 7th Commission Meeting with a resolution stating that the City
of Miami Beach will give up with $50,000 to this project in Haulover.
Discussion On Performing A Gap Assessment Regarding The Energov Permitting
System
Commission ltem C7M, April 26,2017
(l nformation Tech nology)
Ariel Sosa, lnformation Technology Director
AFTER.ACTION
Ariel Sosa, Director of lnformation Technology introduced the item. Assistant City Manager
Mark Taxis stated that the previous week City Staff met with each of the departments to identify
major concerns and place them on a list. A team from Tyler was on site that current week to
assess what additional concerns may be present, and to go over the list of concerns with Tyler
to try to assess what are the software issues, and what issues were a matter of functionality.
City staff and Tyler will be spending the next week to 10 days going over the list and breaking it
down to one of seven categories. They will be looking for gaps that exist between the previous
software and the new software for both external and internal users. They are going to be looking
for any issues with software or things that are not working as they should for both external and
internal users. And for all four of those areas Tyler will dedicate the resources and the dollars to
do whatever it takes to fix those issues. The next two items are going to be improvements and
enhancement above what the City had before that is important, Tyler has committed to the
extent that they can within reason. The last thing the City is looking into is long-term
enhancements for things the City will like to see the software do. Tyler has also commited to
having weekly meetings to go through the list and assist with the process. To date, g software
issues have been identified that needs to be rectified by Tyler, and a few of this issues have
been resolved. There are a some things on the internal side relating to reports and workflow,
and it is up to the City to decide on how the it wants to conduct business, and how the City
wants to avail themselves for the functionality that is already there.
Mr. Rusty Smith, VP and General Manager from from Tyler Technologies spoke and stated that
Tyler and the City have a strong partnership. Mr. Smith stated that these implementations are
complicated and challenging. Tyler does all the implementation themselves to ensure the
highest level of sucess. Mr. Smith states that Tyler is here to show that they are fully committed
and will provide all necessary resources. Mr. Smith added that they have also deveioped a new
citizen facing portal that it is already in use in Miami-Dade County, and that is working very well.
Tyler intents to host an industry preview in July where business officials, attorneys, and other
citizens can attend and see what it is about. They are in the process of refreshing the
technology that the City has with the Energov program. ln three years the City will have new
technologies and more functionality.
Commisisoner Alem6n stated that she met with Assistant City Manager Mark Taxis and Mr.
Smith and they discussed their methodology, Mr. Smith had described to the Commissioner that
Tyler Care is a portion of their methodology is post implementation resolving issues.
Commissioner Alem5n explained that Tyler came in to cast a net and gather up all of the
problems, and they included suggestions by Henry Stohler, and DanielVeitia as well. Now that
they have identified what all the gaps are, they discussed going through and assigning priorities.
Commisisoner stated that her priority is to address the external side facing gap first which
affects resients and businesses. Commissioner Kristen Rosen Gonzalez asked how long would
it take to implement the changes for the problems that have been identified. Mr. Smith replied
stating that they are still putting everything together, some will be short term, and some will take
longer and that their expectations will be laid out in the summary that will be provided to the
59
Commission. Commissioner Kristen Rosen Gonzalez stated that she would like to include this
process in a customer service survey, she also suggested compiling data from the public to find
out what all the complaints are to properly address all the issues.
Mr. Taxis describes one of the issues with the Egov App for reporting code violations which was
reported by Mr. Henry Stohler. Commissioner Arriola asked Commissioner Alem6n if she can
take ownership on this project given her lT experience and added that the members of the
public are not happy. He suggested Mr. Smith to put a team of users together to test out and try
to break the system, to determine what system enhancements will make it more user friendly.
Mr. Stohler at 1500 Ocean Drive spoke and asked how did the City get in this position. Mr.
Stohler stated that in the April 26 Commission Meeting , Commissioner Grieco had pulled from
the consent agenda a proposed amendment number 7 to the City's contract with Tyler. He
stated that the amendment was approved, however with many critical comments by the
Commissioners. He reflects on a report by Commissioner Grieco stating that two Miami-Dade
Municiplaities had ended their contracts with Tyler Technologies, and that it is a step backwards
which requires the City to adopt workarounds for the Tyler system and to adjust the way the City
conducts business. Mr. Stohler stated that there were no defenders for the Tyler system in the
City Commission, but most remarkable is that the City administration's senior management had
stated that Tyler system had created challenges and problems. He states that the Building
Director Mariano Fernandez had commented that Tyler is maybe not the best system. t\rlr.
Stohler describes that $4.8 Million dollars have been paid to the City and another $5OO,0OO.OO
is fully committed to be paid to Tyler.
He stated that he was asked to meet with Mark Taxis, but then he met with Mr. Rusty Smith,
Mike Deganeon, Carmen Sanchez, Ana Zecchini as well. He stated that he was disappointed
that how not one of the attendees brought a piece of paper, and he was asked what was his
problem with the Tyler. He stated that his problems were presented on a detailed 4 and half
paper dated Augusl22,2016 that he had sent to Robert Biles, Ariel Sosa, and Hernan Cardeno.
He compares that there were many options in the old system, that do not exist on the new
system. He recommended to not depend upon on the highest lofty promises, and advises to fix
the issue.
DanielVeitia spoke and said that he uses the system very often, he states that the system is
different but it provides him more empowerment as a user. He explains that the system is
complex but more complex is the City's workflows. He states that the system facilities his ability
to do business with the City. Commisisoner Arriola recommends to have this item as a standard
agenda item and report monthly on its progress.
Direction:
Motion Made by Commissioner Arriola to have this as a standing agenda item and report on it
on a monthly basis.
9. Discussion Regarding The Baywalk As Well As The Opening, Building And Funding Of
The Baywalk Behind The South Bay Ctub
Commission ltem R7C, April 26,2017
(Budget and Performance lmprovement)
Margarita Wells, Environment and Sustainability Acting Director
Tameka Otto Stewart, Budget and Performance lmprovement lnterim Director
Tom Mooney, Planning Director
60
AFTER.ACTION
Margarita Wells, Environment and Sustainability Acting Director presented the item. She gave
some background on the item. The NCAC passed this with a favorable recommendation
specifically a request for funding in this coming fiscal year, put in a capital budget funding
request of $240,000 to fund the design and permitting South Bay Club baywalk. There are two
additional continuous segments that are not funded behind the Bayview Terrace and Bay
Garden Manor Condominium and behind the Lincoln Bay Towers on the West portion of Lincoln
Road, which is included in the West Avenue phase 2 project.
Commissioner Arriola said the City and residents have been trying to finish the Baywalk. This is
one of the segments that the City is responsible for. There are 3 segments that the City is
responsible for. This is authorizes us to move forward with one of the 3 pieces behind the South
Bay Club for the study of what work needs to be done. The design and permitting will cost
$240,000. He asked if it is worth it to look at the other 2 pieces as well to accelerate our efforts,
can we leverage our spend to have the remaining pieces done under the same project. Are we
better off now to do the study on the entire 3 pieces and spend a little more money.
Margarita said that from a permitting standpoint that would expedite the process.
David Martinez, CIP spoke about how this would look in construction. He said that there is an
economy scale to do all 3 make it more efficient. He said maybe they can do something like
what they did with west Avenue and put it out to bid in 2 separate projects.
Commissioner Alem6n asked if we did the pieces separately it would be $700,000 or so. lf we
did it at the same time, it could be less in price.
Margarita said that for the Bay Garden Manor we would need to receive the repairing rights,
which we don't currently have. We have it for the remainder of the section.
Commissioner Arriola asked what they need from the committee to put this into motion. He
wants to know what they need to proceed.
Margarita said they have submitted a capital budget funding request for just the South Bay Club
portion, if they wanted to they can include the remaining sections and that would be
approximately $390,000. This would only be for deslgn and permitting.
Commissioner Arriola said the Baywalk doesn't work until the entire thing is completed, so it is
better to do it all at once to save money and accelerate the process.
MOTION: Commissioner Alem6n motioned to include the 3 pieces of the Baywalk in the capital
budget process to complete the entire Baywalk. Commissioner Arriola seconded.
10. Discussion Regarding The Mid-Year Request For Two New Positions ln The Finance
Department and Discussion Regarding PatternStream Software For The Office Of Budget
and Performance lmprovement
Commission ltem R7D, April 26,2017
(Budget and Performance lmprovement)
Tameka Otto Stewart, Budget and Performance lmprovement lnterim Director
John Woodruff, Chief Financial Officer
AFTER.ACTION
John Woodruff, Finance Director introduced the ltem. John Woodruff stated that there are two
items. The new Finance positions and PatternStream Software. Commissioner Alem6n that
these two positions that were outlined as part of the remedy to provide financial security, as part
of the BDO report.
61
Motion: Commissioner Alem6n made a motion to move the item, seconded by Commissioner
Arriola.
Tameka Otto Stewart, Budget lnterim Director described the PatternStream software and how it
works. She explained that this software would help streamline the production of the annual
budget document.
Direction: Forward item to Commission for approval with additional information regarding the
selection of PatternStream software.
11. Discussion Regarding The Preparation Of A Budget ltem Request For Consideration tn
The Fiscal Year 2018 Budget Process For The Design Of A Parking Garage Structure,
And A New Recreational Park With A Skate Park And Community Use Space, At The 72nd
Street Parking Lot Site Between 72nd And 73rd Streets And Between Collins And Harding
Avenues
Commission ltem R7U, April 26,2017
(Sponsored by Commissioner Alem6n and Commissioner Malakoff)
David Martinez, Capital lmprovement Projects Director
AFTER.ACTION
David Martinez, Capital lmprovement Projects Director introduced the item.
David Martinez provided a request for fiscal year 17 / 18. He stated that $276,000 were
appropriated, and will be requesting another 500,000.00 for next year.
Direction: Move fonrard with item
12. Discussion Regarding Potential Financial lncentives For Miami Beach To Support The
Film and Televelsion lndustry On A Local Level
Commission ltem R9T, April 26,2017
(Tourism, Culture, and Economic Development)
Eva silverstein, Tourism, culture, and Economic Development Director
AFTER.ACT!ON
Eva Silverstein, Tourism, Culture, and Economic Development Director introduced the item.
Eva Silverstein stated that staff recommends creating a fund for gS00,000 annually from a
variety of sources. A $100,000 budget enhancement item was submitted for next year's budget
process. Commissioner Arriola recommends sending item to the Production lndustry Council for
their recommendation up to certain amount and the rest can go to Commission for approval.
Motion: commisisoner Alem5n made a motion to move the 100,000, supported by
Commissioner Arriola.
13. Discussion To Explore A Lease To Bring The Wynwood Yard Concept To North Beach
Commission ltem R9AG, April 26, 2017
(Sponsored by Commissioner Arriola)
Eva silverstein, Tourism, culture, and Economic Development Director
62
AFTER.ACTION
Eva Silverstein, Tourism, Culture, and Economic Development Director introduced the item.
Eva Silverstein stated that the City will have a community outreach event on June 8, at 6:30 pm
at the North Shore Community Center. They will begin very quickly noticing the Community,
residents, the adjacent properties etc, working with Wynwood Yard soon to be North Beach
Yard. Commissioner Alem6n asked if it will be affected by the last day of school, and suggested
inviting students.
14. Discussion Regarding Future Uses Or The Potential Sale Of Vacant City-Owned Land
Located At226 87th Terrace
Commission ltem C4A, October 19, 2016
(Sponsored by Commissioner Grieco)
Eva Silverstein, Tourism, Culture, and Economic Development Director
AFTER.ACTION
DIRECTION: ltem deferred.
15. Discussion Regarding Engaging ln A Pilot Program With A Cost Reduction Consultant
Commission ltem C4N, March 1,2017
(Sponsored by Commissioner Arriola)
James Sutter, lnternal Auditor
John Woodruff, Chief Financial Officer
AFTER.ACT!ON
DIRECTION: ltem deferred.
16. Discussion Regarding The Maintenance of Public Bathrooms citywide.
Commission ltem C4N, February 8,2017
(Sponsored by Commissioner Grieco)
John Rebar, Parks and Recreation Director
Adrian Morales, Property Management Director
AFTER.ACT!ON
DIRECTION: ltem deferred.
17. Discussion Regarding The Key Development Parameters For The Barctay Plaza
Apartments
Commission ltem C4A, March 1,2017
(Office of Housing and Community Services)
Maria Ruiz, Director of Housing and Community Services
63
AFTER.ACTION
DIRECTION: ltem deferred.
18. Discussion To Explore Placing Cameras On Every Corner Of The MXE (Mixed Used
Entertainment) District And On The Beachwalk, And !nstalling Emergency Activation
Boxes Along The Beachwalk.
Commission ltem C4P, March 1,2017
(Sponsored by Vice-Mayor Rosen Gonzalez)
Daniel Oates, Police Chief
AFTER.ACTION
DIREGTION: ltem deferred.
19. Discussion Regarding The North Beach Town Genter Redevetopment Proposat, lnvolving
Gity-Owned Parking Lots, Made By North Beach Town Center Development, LLC, An
Affiliate Of Pacific Start Capital, LLG
Commission ltem C4C, May 17,2017
(Sponsored by Commissioner Malakoff and Co-sponsored by Commissioner Arriola)
Eva Silverstein, Tourism, Culture, and Economic Development Director
AFTER.ACTION
DIRECTION: ltem deferred.
20. Discussion Regarding A Sponsorship Agreement With Miami Design Preservation
League (MDPL), ln A Form Acceptable To The City Attorney And The City Manager, ln An
Amount Not To Exceed One Hundred Thousand Dollars ($10O,OOO), ln Support OF The
2018 Art Deco Weekend
Commission ltem C4D, May 17,2017
(Sponsored by Vice-Mayor Rosen Gonzalez)
Eva Silverstein, Tourism, Culture, and Economic Development Director
AFTER.ACT!ON
Eva Silverstein, Director of Tourism, Culture, and Economic Development introduced the item.
Lori Bakkum MDPL Art Deco weekend Chairperson and Russel Lee MDPL Art Deco
Weekend spoke. Ms. Bakkum is requesting sponsorship of $1OO,OOO.O0 for Art Deco Weekend
2018. Ms. Bakkum stated that the sponsorship will go towards Police, Fire, and City Services
which will contribute to a safe venue. This is the 41st event, and the topic for this year is Art
Deco around the world. Residents, visitors and business will benefit from this sponsorship.
Commissioner Alemdn said that some reasearch was done regarding grant availability and
have plans to review the Art Deco fundings and see how the City staff can support them in
pursuit of other fundings as well. Ms. Bakkum stated that they receive a significant county grant
and looks fonrvard to City sponsorship this year. Commissioner AlemSn thanked the speakers
and asked them to see if there is a way to look for funding from sources other than the City first.
64
Commissioner Kristen Rosen Gonzalez stated that there is a lot of value in this, and she agrees
on moving foruvard with a favorable recommendation. Commissioner Rciky Arriola wants to
move fonrvard with a favorable recommendation. He describes that for a very long time this was
a signature event in the county even before the explosion of arts and culture. He remembers 30
years ago how th Coconut Grove Art Festival, Art Deo, and a handful of events were the only
thing on the calndar to look forward to, this is a signature event and it is important the City to
support. He looks forward to working with Ms. Bakkum and challenged her to make it better and
better each year. Lori Bakkum thanked the committee and stated that they have around 30
business and residents who are part of this initiative and looks forward for the committee to
meet the rest of the event coordinators.
DIRECTION: Motion made by Commissioner Alemin to consider as part of the budget
process, seconded by Gommissioner Arriola
2l.Discussion Regarding The Waiver Of Rental Fees For Halls A, B, C, D, And Adjacent
Meeting Rooms At The Miami Beach Convention Center For The National Football
League (NFL) And Sponsorship For The 2020 Super Bowl LIV
Commission ltem C4E, May 17,2017
(Tourism, Culture, and Economic Development)
Eva Silverstein, Tourism, Culture, and Economic Development Director
AFTER.ACTION
Eva Silverstein, Tourism, Culture, and Economic Development Director introduced the item.
Motion: Commissioner Arriola made a motion to approve and move the item, seconded by
Commissioner Alem5n.
22. Discussion Regarding The Potential lmpact Of Higher Homestead Exemptions On
Property Tax Revenue For Miami Beach
Commission ltem C4F, May 17,2017
(Sponsored by Commissioner Alem5n and Co-sponsored by Commissioner Arriola)
Tameka Otto Stewart, Budget and Performance lmprovement lnterim Director
AFTER.ACTION
Tameka Otto Stewart, Budget and Performance lmprovement lnterim Director introduced the
item. Tameka Stewart stated the she reached out to the Miami-Dade Property Appraiser's
Office. Handouts were distributed with the impact to the City of Miami Beach. Ms. Stewart stated
that 14,000 total homesteaded properties that will be affected, of that 11,419 willget reduction
of approximately $140 each on average. John Woodruff asked which year will thii apply to. She
clarified that it will be for FY '18-19. John Woodruff recommended addressing in some way in Fy
18 budget process so not to have as large an impact in Fy 1g.
DIRECTION: ltem moved
65
23. Discussion Regarding The City Clerk Rafael E. Granado's Annual Performance
Evaluation
Commission ltem C4G, May 17,2017
(Office of the City Clerk)
Rafael E. Granado, City Clerk
AFTER.ACTION
DIRECTION: Commissioner Arriola will meet with Rafael E. Granado in the next few weeks
24. Discussion Regarding The City Attorney Rau! J. Aguila's Annual Performance Evaluation
Commission ltem C4l, May 17,2017
(Office of the City Attorney)
Raul J. Aguila, City Attorney
AFTER.ACTION
DIRECTION: Commissioner Arriola will meet with Raul J. Aguila in the next few weeks
Meeting adjourned at 5:00 pm
JLM/JWMTG
66
Agenda ltem RrAI
Date 6-1-11
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ALCOHOLIC
BEVERAGES," ARTICLE l, ENTITLED,,lN GENERAL," SECTION 6-3
THEREOF, ENTITLED "HOURS OF SALE / VIOLATIONS," BY
CREATING A NEW SUBSECTTON (b), THAT LtMtTS THE SALE,
CONSUMPTION OR SERVING OF ALCOHOL, ALCOHOLIC OR
INTOXICATING BEVERAGES DURING THOSE RECOGNIZED
HOLIDAY PERIODS OF MEMORIAL DAY, FOURTH OF JULY, LABOR
DAY AND COLUMBUS DAY OF EAGH YEAR; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFEGTIVE
DATE.
WHEREAS, State law expressly grants the City of Miami Beach with the legal authority
to establish its own regulations for the setting of times for the sale of alcoholic or intoxicating
beverages; and
WHEREAS, the City is legally permitted to establish these hours of sale for alcoholic
beverages pursuant to Section 562.14 of the Florida Statutes; and
WHEREAS, the City of Miami Beach ("City") regulates the location, size, hours of
operation, and minimum patron age for uses that permit the sale and consumption of alcoholic
beverages in Chapter 6 of the City Code, entitled "Alcoholic Beverages"; and
WHEREAS, the Mayor and City Commission have determined that during certain
Holiday periods, a substantial influx of tourists and visitors descend upon the City to partake in
the celebration of these recognized Holidays; and
WHEREAS, due to the celebratory nature of these Holiday periods, tourists and visitors
engage in the prolonged consummation of alcohol and other alcoholic or intoxicating beverages,
and this celebratory atmosphere results in excessive consummation of alcohol, which creates
volatile and dangerous situations throughout the City, that directly leads to criminal activity,
conduct or other quality of life offenses; and
WHEREAS, the Mayor and City Commission have determined that it is in the best
interest of the City, and which serves to protect the health, safety, and welfare of the City's
residents and visitors, to limit alcohol sales, consumption or serving during those recognized
Holiday periods of Memorial Day, Fourth of July, Labor Day and Columbus Day of each year;
and
WHEREAS, the Mayor and City Commission desire to restrict the sale, consumption or
serving of alcohol, alcoholic or intoxicating beverages during this period, which prohibition shall
be between the hours of 2:00 a.m. and 8:00 a.m. during the period commencing at 11:59 p.m.
on the Thursday preceding the Holidays of Memorial Day, Fourth of July, Labor Day and
Columbus Day, and continuing until 11:59 p.m. on Monday, provided that the observed date for
the Holiday is a Friday, Saturday, Sunday or Monday; and
67
WHEREAS, this Ordinance directly addresses the public safety concerns associated
with the sale of alcoholic beverages, and the convenience of the City's residents and visitors
who desire to purchase alcoholic beverages; and
WHEREAS, Florida courts have rejected equal protection and due process challenges to
Section 562.14, Florida Statutes (See Wednesday Night, lnc. v. City of Fort Lauderdale (Fla.
1973)); and
WHEREAS, Florida Courts have determined that it is within the police power and
authority for a municipality to change the hours of regulation of alcoholic beverages, because
municipalities have the statutory authority under Section 562.14, Florida Statutes, to restrict the
sale of alcohol; additionally, a municipal ordinance regulating the hours of sale of alcoholic
beverages may be applied to a property incorporated later into the municipality by annexation.
Village of North Palm Beach v. S & H Foster's, lnc., 80 So. 3d 433 (Fla. 4th DCA 2012); and
WHEREAS, in Sfafe ex rel. Floyd v. Noel (Fla. 1936), the Florida Supreme Court
recognized that "[i]t is so well settled that no citation of authority is required to support the
statement that a municipality exercising the powers inherent in municipal corporations may
reasonably regulate the sale of intoxicating liquors and in providing such reasonable regulations
may prohibit the sale of such liquors within certain hours, and also may prohibit the sale of
liquors within certain zones"; and
WHEREAS, the Florida Attorney General has opined that a municipality may regulate (1)
the hours of sale, (2) zoning of locations in which alcoholic beverages may be sold, and (3) the
sanitary conditions under which alcoholic beverages may be dispensed or served to the public.
Florida AGO 059-73 (1959); and
WHEREAS, in fact, the Florida Attorney General has opined that different hours may be
provided for in a municipal ordinance, provided there is reasonable relation to the health, safety,
and morals of the community. Op. Att'y Gen. Fla., p.497 (1950); and
WHEREAS, Florida courts have consistently held that alcoholic beverage
establishments are not entitled to grandfather status as to hours of sale for alcoholic beverages
(See Village of North Palm Beach v. S & H Foster's, lnc. (Fla.4th DCA 2012); Other Place of
Miami, lnc. v. City of Hialeah Gardens (Fla. 3d DCA 1978)); and
WHEREAS, injunctive relief is not available against the enforcement of a municipal
ordinance regulating the time at which alcoholic beverages may be sold, because municipalities
have the statutory authority to set times for sale of alcoholic beverages. ld.; Playpen S., lnc. v.
City of Oakland Park, 396 So. 2d 830 (Fla. 4th DCA 1981); and
WHEREAS, Florida Courts have ruled that hours of operation are not a property right. S.
Daytona Resfs., lnc. v. City of S. Daytona. 186 So. 2d78 (Fla. 1st DCA 1966); and
WHEREAS, the amendment set forth below are necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
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SECTION 1. That Section 6-3, entitled "Hours of Sale / Violations," of Article l, of Chapter 6, of
the City Code of the City of Miami Beach is hereby amended as follows:
CHAPTER 6
ALCOHOLIC BEVERAGES
ARTICLE l. ln General
Sec. 6-3. Hours of sale / violations.
(a) The hours of sale of alcoholic beverages, whether as a permitted main or accessory use,
shall require a state license, and shall be according to the following schedule:
Retail sfores for package sa/es only-Off-premises consumption. Vendors may make
sales of alcohol only for off-premises consumption between the hours of 10:00 a.m.
and midnight.
Retail sforeg including grocery, convenience sfores, and gasoline seruice/filling
sfafions. Retail stores, including grocery, convenience stores, and gasoline
service/filling stations, which primarily offer for sale products other than alcoholic
beverages may only make sales of beer and wine only for off-premises consumption
between the hours of '10:00 a.m. and midnight.
Alcoholic beverage establishmenfs. All alcoholic beverage establishments with state
licensure-On-premises consumption only, may make sales of alcohol between the
hours of 8:00 a.m. and 5:00 a.m.
(a) Restaurants not operating as dance halls or entertainment establishments.
Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic
beverage establishments, but not operating as dance halls or entertainment
establishments, may remain open 24 hours a day; however, alcoholic beverages
may not be offered for sale or on-premises consumption between the hours of 5:00
a.m. and 8:00 a.m.
(b) Restaurants also operating as dance halls or entertainment establishments.
Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic
beverage establishments, and also operating as dance halls, or entertainment
establishments, may remain open 24 hours a day; however, alcoholic beverages
may not be offered for sale or on-premises consumption between the hours of 5:00
a.m. and 8:00 a.m., and dancing and entertainment shall not be conducted
between the hours of 5:00 a.m. and 10:00 a.m.
(c) Other alcoholic beverage establishments. Other alcoholic beverage
establishments, not containing restaurants with full kitchen facilities, shall close at
5:00 a.m. and remain closed. No patron or other persons, other than those
employed by the vendor may remain on the premises between the hours of 5:00
a.m. and 8:00 a.m.
(d) Sidewalk cafes. Notwithstanding the provisions of subsections (3)(a) through (c),
alcoholic beverages shall not be offered for sale or consumption at sidewalk cafes,
as defined in section 82-366 of this Code and as othenrvise permitted by the city in
accordance with chapter 82, article lV, division 5, subdivision ll of this Code (as
may be amended from time to time), between the hours of 1:30 a.m. and 8:00
(1)
(2)
(3)
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(4)
(5)
a.m., and shall not be consumed at sidewalk cafes between the hours of 2:00 a.m.
and 8:00 a.m. No variances may be granted from the provisions of this sectlon 6-
3(3Xd) as to the hours of sale or consumption of alcoholic beverages at sidewalk
cafes.
Note: For purposes of this section, full kitchen facilities shall mean having commercial
grade burners, ovens, and refrigeration units of sufficient size and quantity to
accommodate the occupancy content of the establishment. Full kitchen facilities must
contain grease trap interceptors, and meet all applicable city, county, and state codes.
Off-premises package sa/es by alcoholic beverage establishments. Off-premises
package sales associated with alcoholic beverage establishments other than retail
stores shall be permitted between the hours of 10:00 a.m. and midnight.
Private clubs. Consideration of a request for a private club conditional use permit,
including the hours of operation, shall be pursuant to the conditional use procedures
and review guidelines as listed in section 118-191, et seq. A private club, either as a
permitted main or accessory use, shall only offer alcoholic beverages for sale or on-
premises consumption if the private club, in accordance with section 6-2(a), secures a
license for the distribution or sale of any alcoholic beverages from the division of
alcoholic beverages and tobacco of the department of business and professional
regulation of the state. Private clubs licensed as alcoholic beverage establishments,
either as permitted main or accessory uses, shall, only offer alcoholic beverages for
sale or on-premises consumption between the hours of 8:00 a.m. and 5:00 a.m., on
any day of the week, provided that service is made only to members and guests of
members pursuant to Florida Statutes. However, any private club permitted to remain
open after 2:00 a.m. shall purchase an extra-hours license and must provide for
security in its premises by hiring private security guards or off-duty police officers
between the hours of 2:00 a.m. and 5:00 a.m. each day.
Private clubs securing a license from the state division of alcoholic beverages and
tobacco by complying with the requirements of F.S. S 561 .20 for racquetball, tennis, or
golf course facilities may admit members at any time for use of such facilities, but may
not serve alcoholic beverages after 2:00 a.m. each day unless such private club is the
holder of an extra-hours license and complies with the above requirements.
Alcoholic beverage establishments set forth in subsections (3) and (5) permitted to
remain open to serve alcoholic beverages for on-premises consumption until 5:00 a.m.
may continue to serve alcoholic beverages for on-premises consumption and, if the
alcoholic beverage establishment is located on Ocean Drive between 5th Street and
1Sth Street, for consumption at the establishment's sidewalk cafe (i) until 7:00 a.m. on
January 1 (New Year's Day) or, if January 1 is on a Sunday, until 7:00 a.m. on Monday
if the day that is observed as a national holiday for New Year's Day is on Monday, and
(ii) until 7:00 a.m. during certain major event days or weekends as may be designated
by the city commission or as may be designated by the city manager following approval
by the city commission, under the following conditions:
(a) The police depaftment and the code compliance department of the city must be
notified by a letter, received no later than 15 business days prior to either: (a)
January 1, or (b) the day on which alcohol sales are to be extended, stating that
the alcoholic beverage establishment intends to serve alcoholic beverages for on-
premises consumption and, if the alcoholic beverage establishment is located on
(6)
4
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Ocean Drive between sth Street and 15th Street, for consumption at the
establishment's sidewalk cafe until 7:00 a.m.;
(b) lf deemed reasonably necessary by the police chief, or the police chiefs designee,
off-duty police officers must be provided at the alcoholic beverage establishment
until 7:00 a.m.;
(c) There are no pending City Code violations against the alcoholic beverage
establishment;
(d) No delinquent or past due monies are owed to the city;
(e) Outdoor entertainment or open-air entertainment is not allowed;
(f) No violation of the city's noise ordinance shall be permitted;
(g) No violation of the approved fire code occupancy load shall be permitted;
(h) All required city permits and licenses are current;
(i) The state license is current; and
(j) Any other conditions required by the city manager in order to protect the public
health, safety, or welfare.
(7) Alcoholic beverage establishments set forth in subsections (3) and (5) permitted to
remain open to serve alcoholic beverages for on-premises consumption until 5:00 a.m.
may continue to serve alcoholic beverages until 6:00 a.m. on the first day of daylight
savings time in the spring.
(8) The city manager may suspend the provisions of subsection (6) at any time to protect
the public health, safety, or welfare.
(9) Penalties and enforcement.
(a) The following penalties shall be imposed for a violation of this section:
i. The penalty for the first violation by a person or entity within a 12-month
period shall be a civil fine of $1,000.00;
ii. The penalty for the second violation by a person or entity within a 12-month
period shall be a civil fine of $5,000.00;
iii. The penalty for the third violation by a person or entity within a 12-month
period shall be a civil fine of $10,000.00;
iv. Upon a finding by the special master that four or more violations by a person
or entity have occurred within a 12-month period, the city may initiate
proceedings to revoke the certificate of use, business tax receipt, or certificate
of occupancy of the violator.
v. A sidewalk cafe permittee that has been issued four or more violations
pursuant to this section or section 82-388 within a permit year shall be
prohibited from applying for and obtaining a sidewalk cafe permit for a period
of two permit years following the permit year in which the sidewalk cafe
permittee incurred the violations.
(b) Enhanced penalty. The following enhanced penalty shall be imposed, in addition to
any mandatory fines set forth in subsection (9)(a) above, for violations of this
section:
5
71
(c)
i. The sale of alcoholic beverages in violation of this section must be
immediately terminated, upon confirmation by the code compliance
department that a violation has occurred.
Enforcement. The code compliance department shall enforce this section. This
shall not preclude other law enforcement agencies or regulatory bodies from any
action to assure compliance with this section and all applicable laws. lf a code
compliance officer (which, as defined in section 70-66, includes a police officer)
finds a violation of this section, the code compliance officer shall issue a notice of
violation in the manner prescribed in chapter 30 of this Code. The notice shall
inform the violator of the nature of the violation, amount of fine for which the
violator is liable, instructions and due date for paying the fine, that the violation
may be appealed by requesting an administrative hearing before a special master
within ten days after service of the notice of violation, and that the failure to appeal
the violation within ten days of service shall constitute an admission of the violation
and a waiver of the right to a hearing.
Rights of violators; payment of fine; right to appear; failure to pay civil fine or to
appeal; appeals from decisions of the special master.
i. A violator who has been served with a notice of violation must elect to either:
A. Pay the civil fine in the manner indicated on the notice of violation; or
B. Request an administrative hearing before a special master to appeal the
notice of violation, which must be requested within ten days of the service
of the notice of violation.
ii. The procedures for appeal by administrative hearing of the notice of violation
shall be as set forth in sections 30-72 and 30-73 of thls Code. Applications for
hearings must be accompanied by a fee as approved by a resolution of the
city commission, which shall be refunded if the named violator prevails in the
appeal.
iii. lf the named violator, after issuance of the notice of violation, fails to pay the
civil fine, or fails to timely request an administrative hearing before a special
master, the special master may be informed of such failure by report from the
officer. The failure of the named violator to appeal the decision of the officer
within the prescribed time period shall constitute a waiver of the violator's right
to an administrative hearing before the special master, and shall be treated as
an admission of the violation. for which fines and penalties shall be assessed
accordingly.
iv. A certified copy of an order imposing a fine may be recorded in the public
records, and thereafter shall constitute a lien upon any real or personal
property owned by the violator, which may be enforced in the same manner as
a court judgment by the sheriffs of this state, including levy against the
violator's real or personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. On or after the 61st day following
the recording of any such lien that remains unpaid, the city may foreclose or
othenruise execute upon the lien.
v. Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
(d)
6
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vi. The special master shall be prohibited from hearing the merits of the notice of
violation or considering the timeliness of a request for an administrative
hearing if the violator has failed to request an administrative hearing within ten
days of the service of the notice of violation.
vii. The special master shall not have discretion to alter the penalties prescribed
in subsection (9)(a) or (9)(b).
(b) Notwithstandino the hours set forth within subsection 6-3(a) herein. the sale. consumption
or servinq of alcohol. alcoholic beveraoes or intoxicatino beveraoes shall not be permitted
between the hours of 2:00 a.m. and 8:00 a.m.. bv any alcoholic beveraoe establishment or
anv other entitv holdino a license issued bv the State of Florida. Division of Alcoholic
Beveraoes and Tobacco (hereinafter identified as "State License Holde/') durinq the period
commencino at 11:59 p.m. on the Thursdav precedinq the Holidavs of Memorial Dav.
Fourth of July. Labor Day and Columbus Dav. and continuinq until 11:59 o.m. on Mondav,
provided that the observed date for the Holiday is a Fridav. Saturdav. Sunday or Mondav.
The provision set forth herein, which limits the sale. consumption or servinq of alcohol.
alcoholic beveraoes or intoxicatino beveraqes for those observed Holidav periods. shall not
apply to those alcoholic beveraoe establishments or State License Holders havinq more
restrictive hours. as mav be specificallv identified within Chapter 6 or the citv's Land
Development Requlations. The hours of sale. consumption or servinq restrictions of
subsection 6-3(b). shall be limited to those alcoholic beveraoe establishments or State
License Holders, which are located within the MXE mixed use entertainment district. the
CD-2 commercial. medium intensity district that are located alono Washinoton Avenue
Washinqton Avenue and Pennsvlvania Avenue.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held
remainder shall not be affected by such invalidity.
invalid, the
73
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
Rafael E. Granado
City Clerk
(Sponsored by Commissioner Michael Grieco)
Underline denotes new language
S+r+*e*nreugh denotes removed language
2017.
Philip Levine
Mayor
APPROVEDASTO
FORM & TANGUAGE
aFoB EGCUflot{
_&Dd.,l'i
8
74
Agenda ttem R7t_
oate L--r:15-
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THECIry OF MIAMI BEACH, FLORIDA, ACGEPTING THE
RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE AT ITS MEETING ON MAY 19, 2017, AND
AUTHORIZING ENHANCEMENTS TO THE UNSIGNALIZED
PEDESTRIAN CROSSINGS ALONG VENETIAN WAY, FROM RIVO
ALTO DRIVE TO SAN MARINO DRIVE, WITH INTERNALLY
TLLUMTNATED (LED) CROSSWALKS, SUBJECT TO FUNDTNG
APPROVAL !N THE CITY'S FISCAL YEAR 2017118 BUDGET.
WHEREAS, the Venetian Causeway is the primary route for bicyclists and pedestrians
between the City of Miami Beach (City) and the City of Miami; and
WHEREAS, over the past years, City staff has observed vehicular traffic increases on the
Venetian Causeway; and
WHEREAS, currently, the section of the Venetian Causeway between East Rivo Alto Drive
and West San Marino Drive consists of six (6) crosswalks across Venetian Way. Three (3) of
these crosswalks are signalized (East Rivo Alto Drive, East Dilido Drive, and East San Marino
Drive); and
WHEREAS, the remaining 3 crosswalks are not enhanced crosswalks and are only
equipped with static pedestrian crossing signs; and
WHEREAS, in February 2017, the City received an email from the Venetian lslands
Homeowners Association reporting safety issues with the crosswalks; and
WHEREAS, city staff has conducted a review of these crosswalks and found no issues
with the signalized crosswalks; however, given the traffic in the area and the width of the roadway
cross-section, further enhancements to the unsignalized crosswalks are warranted; and
WHEREAS, all traffic engineering modifications, including crosswalks, must be
evaluated and approved by the Miami-Dade County Department of Transportation and Public
Works (MDCDTPW) prior to implementation; and
WHEREAS, at the May 19,2017 meeting of the Neighborhoods/Community Affairs
Committee (NCAC), the NCAC passed a motion directing staff to explore the implementation of
lnternally llluminated Crosswalks (LED Crosswalks) at the non-signalized intersections (Venetian
Way at West Rivo Alto Drive, West Dilido Drive, and West San Marino Drive) and recommending
enhancements to those non-signalized intersections; and
WHEREAS, proposed installation thresholds developed by City staff have been
submitted to MDCDTPW and the Florida Department of Transportation for review and
endorsement; and
WHEREAS, funding for the potential installation of LED Crosswalks on the non-
signalized intersections along Venetian Way will be pursued via the FY 2017-2018 Budget
process.
75
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA that the Mayor and City Commission
hereby accept the recommendation of the NCAC and authorize enhancements to the unsignalized
pedestrian crossings along Venetian Way, from Rivo Alto Drive to San Marino Drive with internally
illuminated (LED) crosswalks, subject to funding approval in the City's Fiscal Year 2017118
Budget.
PASSED AND ADOPTED this _ day of June,2017
ATTEST:Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
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