LTC 141-2023 Resolutions from Miami Beach United (MBU} Board of Directors - Relating to Items on the March 27, 2023 Commission MeetingM IA M I B E A C H
OFFICE OF THE CITY CLERK
LT C #
T O :
F R O M :
D A T E :
141-2023
LETTER TO COMMISSION
M a y or Dan Gelber and Members of the City Commission
Alina T. Hudak, City Manager
Rafael A. Paz, City Attorney
Joseph M. Centorino, Inspector General
Rafael E. Granado, City Clerk ~
M a rch 26, 2023
S U B J E CT: Resolutions from Miami Beach United (MBU} Board of Directors - Relating to Items on
th e M a rc h 2 7 , 2 0 2 3 C o m m is s io n M e e tin g .
O n be h a lf of th e B o a rd o f D ire cto rs o f M ia m i B e a c h U n ite d (M B U ), ple a se fi n d re so lu tions in advance of the
C o m m issio n M e e ti n g o n March 27, 2023.
T h e re so lu tio n s a re re la te d to the following Items:
R5 B 2:05 p.m. 2' Rdg, Am end MBERP Pen sion Ordina nce. (Richardson) CA SM1
R5 C 0IC- 2:30 p.m. 2" Rdg, Alcoh ol Hours of Sale-Art Deco Cultural Dist. (Gelber ) PL/CA
R5 D 0IC- 2:31 p.m. 2" Rdg, Ch . 6, Alcohol Hrs of Sale, Alton Rd./West Ave. (Gelber ) CA
R5 E 5:01 p.m. 1 Rdg PH, Washing ton Ave Overlay - Co-Living Am en dment. (Arriola) PL 5/7
R5 F O/C- 1 Rdg, Rooftop Additions in Museum Historic District. (Ro sen Gonz alez) PL 5/7
R5 L 1"Rdg, LD R Am end-Sq Footage for FAR Increases. (Ro sen Gon zalez/Fer nandez) PL 5/7
R5 O 1"Rdg, Ch . 18, Mana gem ent of Co-own ed Housing Units. (Fernand ez) CA SM2
R7 H D- Moratorium on Sale or Long-Term Lease of City Parking Lots/Garages. (Fernandez) CA
R9 AC 1 :45 p.m. Discuss/Act/Ref: PSNQLC-Create Perimeter on Ocean Dr, Spring Break 2024. (Meiner)
R9 AD 1 :45 p.m. Discuss/Act, Proactive Spring Break Measures 2024. (Fernandez) SM2/SM3/SM4/SM5
M iam i Beach U n ited Board M eeti ng Resoluti o ns
M o nday, M arch 27, 2023
Li nk to the full Com m issio n agenda: CMB Commission Agenda for 2023-03-27
RSB Sponsored by Richardson -- Second Reading
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING AND RESTATING THE MIAMI BEACH EMPLOYEES' RETIREMENT PLAN (Also shortens vesting
for elected officials and charter employees to 4 years)
Miami Beach United DOES NOT SUPPORT the manner in which the change in vesting for elected officials
and Charter Officers is being handled. While the proposed ordinance has a number of reasonable clean
up provisions to deal with employees who return to service after leaving the City, it seems totally
inappropriate for elected officials to vote themselves a substantial increase in compensation by
shortening the pension vesting period without voter approval. The Charter requires salary increases to
be approved by voters, but unfortunately is silent on pension enhancements, which can actually have an
even greater impact on the City's operating expenses. We like the current 5-year vesting requirement
since a commissioner must be reelected or a Charter Officer serve for at least five years to receive the
pension benefit, which requires sustained good performance. At a bare minimum, if approved, this
pension enhancement should not take effect until January 2024 for elected officials.
RSC Sponsored by Gelber 2:30 p.m. Second Reading Public Hearing
Limit alcohol hours of sale in Art Deco Cultural District to 2:00 a.m. and establish procedures and
criteria for exceptions
Miami Beach United SUPPORTS this ordinance amendment which rolls back the hours for the sale and
consumption of alcoholic beverages from 5 AM to 2 AM in the Art Deco Cultural District as defined in the
proposed ordinance, with exceptions to be based upon procedures and criteria as stated . In addition,
note that we oppose allowing private clubs to obtain an afterhours license permitting them to serve
alcoholic beverages after 2 am. This has huge potential for abuse by promoters who would offer
memberships to their patrons in order to allow them to serve alcohol until S am in areas where it would
otherwise be prohibited.
RSD Sponsored by Gelber -- Second Reading 2:32 pm Public Hearing
To limit sales and consumption of alcohol to 2:00 am at venues along West Ave and Alton Rd, between
5h Street and Collins Canal (including side streets).
Miami Beach United SUPPORTS this ordinance to prevent the nightclub industry from drifting into the
West Avenue residential neighborhood which would negatively impact the 10,000 full-time residents
who live there. Screeching cars and crowds of bar patrons cause late night noise throughput the evening,
especially as patrons leave the bars at 5:00 am. We see the problem escalating unless action is taken.
Note, this ordinance has already been adopted in Sunset Harbour and South of Fifth. In addition, we
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o p p o se all o w in g p riv ate cl u b s to o b ta in an aft e r-h o u rs lic e n se p e rm itti n g th e m to se rv e alc o h o lic
b e v e rag e s aft e r 2 :0 0 am . T h is ha s hu g e p o te n ti a l fo r ab u se b y p ro m o te rs w h o w o u ld o ff e r m e m b e rsh ip s
to th e ir p atro n s in o rd e r to all o w th e m to se rv e a lc o h o l u n ti l 5 :0 0 am in are a s w h e re it w o u ld o th e rw ise
be p ro h ib ite d .
RSE Sponsored by Ar riola -- First Reading
WASHINGTON AVENUE OVE RLAY - CO-LIVING AMENDM ENTS TO EXTEND THE DEADLINE BEFORE
ORDINANCE SUNSETS AND DEVELOPER MUST OBTAIN BUILDING PERM IT FROM MARCH 1, 2023 TO
SEPTEM BER 1, 2027
Miami Beach United DOES NOT SUPPORT this ordinance. There are already approximately 1000 micro/
co-living units approved for sections of North Beach Town Center and Washington Avenue, with not one
built/occupied yet. Instead of learning from those and making adjustments as needed, this seeks to
expand the area on Washington Ave where more co-living units can be built, and extend by four full
years the time frame to get a permit to build. We have absolutely no information on how these new
forms of living may impact our city's already-stressed sewer lines and other infrastructure, parking, and
traffic. None of these are located anywhere near the biggest employer on the beach, Mount Sinai
Hospital, where there may actually be a use for this sort of housing. And there is no explanation offered
for why the timeframe to obtain a permit has been extended by four, rather than just one year...perhaps
to allow even more developers to put their own plans together for yet more co-living units. Would it not
be more prudent to learn from the first ones to be completed in order to course correct as needed,
rather than building all under the same guidelines and being stuck with a model that may not work at all,
or which needs refining?
RSF Sponsored by Gon zalez -- First Reading
ROOFTOP ADDITIONS IN THE MUSEUM HISTORIC DISTRICT
Miami Beach United DOES NOT SUPPORT permitting multi-story habitable roof top additions in the
Museum Historic District or in any other historic district. The Planning Board got it right in voting 7-0
against this proposal.
For over 30 years, existing structures within historic districts have only been permitted to have habitable
one-story rooftop additions, with no variances permitted. There is no compelling reason to change our
longstanding rules limiting the size of rooftop additions in historic districts to one-story. This change, if
permitted, would predictably be expected to spiral out of control in other areas of our cherished historic
districts, undoing decades of thoughtful historic preservation land use management.
RSL Sponsored by Gonzalez -- First Reading
IDENTIFY SQUARE FOOTAGE FOR FAR INCREASES
This is an ordinance to require that maximum Floor Area be identified when an FAR increase is presented
to the voters as a ballot question. Miami Beach United SUPPORTS this ordinance, including the Planning
Board's recommendation which was approved 7-0 to also include a massing study. In this way, voters
will have vital information to help formulate a decision.
RS0 Sponsored by Fern andez-- First Reading
TO ADOPT BUSINESS REGULATIONS APPLICABLE TO THE MANAGEMENT OF RESIDENTIAL PROPERTIES
BY CO-OW NED HOUSING UNIT MANAGERS
Miami Beach United SUPPORTS the efforts of the Commission to establish regulations with regard to
fractional ownership of property in Miami Beach. Throughout the country, fractional ownership of luxury
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vacation homes, (through companies such as Pacaso, Ember, Here, Kocomo, and others) are increasingly
causing deleterious quality of life issues for residents where these properties are located, including
parking, noise, traffic and a degradation of the sense of community.
We further urge the Commission to require that dedicated support resources, including 24/7 contact
information for each OWNER be provided to the City which shall be updated annually, and that, as far as
legally possible, the number of owners (individuals and/or corporate entities) in any one property be
assigned a maximum limit, such as eight (8) in order to reduce potential for degradation of our
community.
R7H Sponsored by Fernandez
Moratorium on sale or lease of public lands with exceptions
As it is currently written, Miami Beach United does not support this resolution. However, MBU is in
complete agreement with the need to put a pause on unsolicited proposals, and on commission-
sponsored plans, to sell off or lease our publicly owned land. Government-owned land that is currently
"under-developed" and is being used as open unencumbered green space or surface lots are our, the
residents of Miami Beach's, rainy day fund. These parcels do not need to be leased or sold for uninspired
"more of the same" projects with underwhelming financial or other benefit to the City. If they are to be
developed at all, and that need is questionable, they should be viewed proactively by the Commission as
opportunities to build workforce/affordable housing; innovative public spaces that can promote the arts
and build on our capital of cultural institutions; creative park spaces which double as climate change
resilience resources. Instituting a complete moratorium, with no exceptions, so that instead of being
reactive, the Commission and staff has time to proactively assess and plan for what would best serve the
interests and resources of the residents of Miami Beach, is an idea which we would support.
R9AC Sponsored by Vice-Mayor Steven Meiner
DISCUSS AND TAKE ANY APPROPRIATE ACTION REGARDING THE IMPLEMENTATION OF A SECURED
PERIMETER ON OCEAN DRIVE AND POTENTIAL SURROUNDING AREAS FOR SELECT PERIODS DURING
SPRING BREAK 2024, AND REFERRAL OF THE FOREGOING TO THE PUBLIC SAFETY AND
NEIGHBORHOOD QUALITY OF LIFE COMMITTEE.
AND
R9AD Sponsored by Fernandez
DISCUSS/TAKE ACTION TO "END SPRING BREAK" BY, BUT NOT LIMITED TO, ADOPTING THE
FOLLOWING MEASURES IN ADVANCE OF MARCH, 2024: ESTABLISHING A CURFEW; EARLY CLOSURE OF
BUSINESSES; ROLLBACK OF ALCOHOL SALES; LIMITATIONS ON NON-RESIDENTIAL PARKING;
CONTINUATION OF POSITIVE DAYTIME PROGRAMMING AND ACTIVATIONS; AND, ESTABLISHING A
FENCED PERIMETER FOR OCEAN DRIVE AND LUMMUS PARK WITH CENTRALIZED ENTRY POINTS, AND
FAA STYLE SECURITY SEARCHES.
Miami Beach United supports these two proposals to tackle the issues caused by poor planning and
execution during the month of March. While we are not opining, at this time, on the individual tactics
suggested, we applaud the effort, finally, to address the chaos that residents, businesses, and law-
abiding tourists have to endure for the 4 weeks of "Spring Break" IN ADVANCE of the timeframe, rather
than trying to do too little too late during the month of March when things go wrong.
We urge the City's leadership to take steps to ensure that as one area of the city is protected, there isn't
spillover effect by frustrated prospective troublemakers who take their tailgating, drug dealing, donuts &
drifting driving, and escalating brawls to other neighborhoods.
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We encourage leadership to work with leadership from other cities who have successfully dealt with
these issues, and to be nimble and flexible as more best practices and strategies for success are learned,
so as to incorporate them into the plans for March 2024 and going forward.
We strongly believe that enforcing all the laws on our books, every day, in every neighborhood, will also
go a long way to helping change the narrative that "anything goes" in Miami Beach.
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