The Wednesday, July 24, 2024 Commission Meeting starts at 8:30 a.m. with the Sutnick Hour where residents may speak on any topic. The meeting will be held at: Miami Beach City Hall, 1700 Convention Center Drive, 3rd Floor, Commission Chamber
or Zoom at https://miamibeachfl-gov.zoom.us/j/81392857671; or Dial: 1.305.224.1968 or 888.475.4499 (Toll Free) Webinar ID:1392857671# May 15, 2024 – 8:30 AM
It will also be streamed live on MBTV Channel 660 on Atlantic Broadband or 99 on AT&T U-Verse, on the City’s website, and on Facebook Live at facebook.com/cityofmiamibeach.
IF YOU WISH TO SPEAK ON AN ITEM DURING THE MEETING:
Via Zoom, please click the “raise hand” button on the screen to raise your hand as soon as the item is called. This will pull you to the top of the list and make it easier for the team to find you in thelist of attendees. Or via phone, press *9 to raise a hand to be placed in queue to speak.
Want to read the proposed Commission agenda items and get info about the Commission meeting? Click HERE
Want to contact your elected officials directly? Click here.
C7C Charter Amendments for Voter Approval on Nov 5 (Condensed)
Executive Summary:
This ordinance amendment moves the internal audit function from under the Inspector General to under the auspices of the City Manager Administration.
MBU RESOLUTION:
Miami Beach United DOES NOT SUPPORT this proposed ordinance amendment to transfer the Internal Audit function from the Office of the Inspector General (“OIG”) to a department under the City Manager. The Internal Audit function is responsible for auditing city programs, contracts, and expenditures for the purpose of identifying control issues, noncompliance with municipal laws, inefficiency, mismanagement, and fraud. In 2018 this function was transferred from the City Manager to the newly created Office of the Inspector General to give the Internal Audit staff the independence needed to freely report on deficiencies in the City’s operating departments and insulate them from organizational and political pressure. As was stated by the Miami Beach Audit Committee, oversight of the Internal Audit function by the OIG is “the best way for the City to ensure independence and transparency in its internal audit function, consistent with the intent of the original ordinance and trend toward establishing offices of inspector general to provide independent oversight of local government.”
The City Manager has stated that she needs audit resources under her direct supervision to properly manage the activities performed by her organization. To address that need, we suggest that the Commission approve additional positions under the City Manager rather than taking resources from the OIG.
Read the Commission document by clicking HERE
ROOFTOP ALCOHOL ESTABLISHMENTS – CUP REQUIREMENT
R5K Sponsored by Fernandez — Second Reading 5:11 PM Public Hearing
1. CHARTER REVIEW – BILL OF RIGHTS
EXPAND UPON EXISTING RIGHTS AND INCORPORATE MIAMI-DADE COUNTY ETHICS COMMISSION’S POWERS TO ENFORCE AND IMPOSE PENALTIES (IN ADDITION TO EXISTING CIRCUIT COURT ENFORCEMENT).
2. CHARTER REVIEW – BILL OF RIGHTS-FORFEITURE
AMENDS CIRCUIT COURT FORFEITURE REMEDY FOR WILLFUL VIOLATIONS OF BILL OF RIGHTS TO PROVIDE THAT FORFEITURE IS SUBJECT TO COLLECTIVE BARGAINING AGREEMENTS AND TO ESTABLISH SUCH FORFEITURE REMEDY AS DISCRETIONARY INSTEAD OF MANDATORY BASED UPON COURT’S DETERMINATION THAT THE VIOLATOR HAS COMMITTED REPEATED VIOLATIONS OF BILL OF RIGHTS.
3. CHARTER REVIEW – CHARTER 1.03(C) SALE/LEASE
AMENDMENT TO REQUIRE MAJORITY VOTER APPROVAL FOR ALL RIGHT-OF-WAY VACATIONS, SALES, AND LEASES (10 YEARS OR MORE) OF CITY PROPERTY; AMEND REQUIREMENTS FOR SALES/LEASES/VACATIONS; AND AMEND REQUIREMENTS FOR MANAGEMENT/CONCESSION AGREEMENTS OF 10 YEARS OR MORE.
4. CHARTER REVIEW – CHARTER 2.01 DATE OF ELECTION
AMENDMENT TO MOVE CITY’S RUNOFF ELECTION DATE FROM 2 WEEKS AFTER CITY’S GENERAL ELECTION TO SECOND TUESDAY IN DECEMBER IMMEDIATELY FOLLOWING CITY’S GENERAL ELECTION
5. CHARTER REVIEW – CHARTER 2.05 PUBLIC HEARINGS AND ONLINE NOTICES
AMENDMENT TO REQUIRE TWO PUBLIC HEARINGS INSTEAD OF ONE FOR PROPOSED CITY ORDINANCES (SUBJECT TO EXISTING EXCEPTIONS), AND TO AUTHORIZE THE CITY’S ALTERNATIVE OPTIONAL PUBLICATION OF NOTICE OF PROPOSED ORDINANCES ON A PUBLICLY ACCESSIBLE WEBSITE INSTEAD OF ONLY IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN CITY.
6. CHARTER REVIEW – CHARTER 2.07 VACANCIES
AMENDMENT TO REQUIRE AN ELECTION TO FILL A VACANCY UNLESS THE CITY COMMISSION MAKES AN APPOINTMENT TO FILL THE VACANCY WITHIN 30 DAYS, PROVIDE THAT COMMISSION’S POWER TO APPOINT SHALL COMMENCE UPON VACANCY OR SUBMITTAL OF RESIGNATION (IF FILED) INSTEAD OF 30 DAYS LATER, REQUIRE APPOINTMENTS BY REMAINING COMMISSION MEMBERS BE APPROVED ON A SUPER-MAJORITY (MAJORITY PLUS 1) VOTE INSTEAD OF MAJORITY VOTE, AND CLARIFY ELECTION AND INSTALLATION DATES REGARDING VACANCIES DUE TO RESIGNATION.
7. CHARTER REVIEW – CONFORMING
AMENDMENT TO CLARIFY THE ONE-YEAR RESIDENCY REQUIREMENT TO QUALIFY FOR OFFICE AS “IMMEDIATELY” PRIOR TO QUALIFYING, CLARIFY FILING REQUIREMENTS FOR QUALIFYING); CLARIFY AND CONFORM TO FLORIDA LAW THE RESTRICTION ON QUALIFYING FOR MORE THAN 1 CITY OFFICE, REPLACE CERTAIN OBSOLETE REFERENCE TO “COMMISSIONER” WITH “COMMISSION MEMBER”; AND CONFORM CHARTER SECTION 1.07 TO INCLUDE ALL NONDISCRIMINATION CLASSIFICATION CATEGORIES IN CHAPTER 62 OF THE CITY CODE.
MBU RESOLUTION:
MBU SUPPORTS placing on the November 2024 ballot these seven proposed amendments to the City Charter. These include measures to improve the ability to enforce violations of the Citizens Bill of Rights, place further restrictions on the ability of the Commission to sell or lease public land without voter approval, allow more time between the date of general elections and runoffs (as requested by the Miami Dade Supervisor of Elections), provide the opportunity for residents to speak at Commission meetings on both First and Second Readings of proposed City ordinances, clear up ambiguities in the process for filling Commission vacancies mid-term (e.g., due to death or resignation), and various other minor changes to clarify or modernize language in the Charter.
We are, however, disappointed that the Commission did not accept a number of other important recommendations by the Ad Hoc Advisory Charter Review and Revision Board. This included requiring voter approval, instead of just majority Commission approval, for increases in the non-salary portions of their own compensation — such as the fixed stipends for expenses (whether incurred or not), pensions and any other form of cash compensation. Currently the Charter only requires voter approval for salary increases, but salaries currently constitute less than 10% of the cash compensation received by Commissioners.
Also, the Board recommended an election reform to eliminate the requirement that Commissioner candidates select to run in a specific group, such groups having no technical purpose, and requiring all candidates to run against each other with the three highest vote getters being elected. This would have allowed voters to choose their preferred candidates from the entire pool of candidates and eliminate the need and expense for runoffs. Finally, current Commission also failed to approve placing on the ballot the Charter Review Board’s recommendations to (1) further restrict the ability of Commissioners to accept gifts, (2) require that the County or State Ethics Commission provide an opinion on a current Commissioners outside employment or contractual relationships and (3) limit in the Charter the power of Commissioners to give orders directly to City Manager's subordinates.
Read the Commission document by clicking HERE
C7 AP Sponsored by Meiner
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE ADMINISTRATION TO INCREASE POLICE VISIBILITY BY ENSURING THAT POLICE OFFICERS STAND OUTSIDE OF THEIR VEHICLES; AND FURTHER, DIRECTING THE ADMINISTRATION TO TAKE THE NECESSARY STEPS TO ENSURE THE EFFECTIVE IMPLEMENTATION OF RESOLUTION NO. 2024-32996.
MBU RESOLUTION:
Miami Beach United SUPPORTS increased police visibility by having officers prioritize and implement measures to ensure more police visibility by having officers stand outside their vehicles while their patrol car is stationary. We further SUPPORT increased foot, bicycle, and golf cart patrols throughout the City, including hotspots such as the Beachwalk, parks and dunes. The above efforts can foster a sense of security and trust among residents and visitors alike.
Read the Commission document by clicking HERE
R5AJ Sponsored by Fernandez — First Reading
AN ORDINANCE ENTITLED “STOP THE PAUSE POLICY” TO ESTABLISH MINIMUM VOTING THRESHOLDS RELATING TO CRITICAL INFRASTRUCTURE PROJECTS HAVING AN ESTIMATED CONSTRUCTION COST ABOVE A STATED THRESHOLD; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
MBU RESOLUTION:
MBU SUPPORTS this ordinance. Funding and completing our infrastructure projects is crucial to the City. As it stands now, four (4) votes can kill an infrastructure project which is about to break ground and upon which millions of tax dollars have been spent. Requiring more votes sets a higher threshold for protecting the taxpayers investment. In almost all cases, unnecessary delays or postponing critical needs increases the costs to complete them. We are surprised, however, that a fire station would not be considered within the definition of critical infrastructure and believe that this should be included.
Read the Commission document by clicking HERE
R5D Sponsored by Fernandez, Bhatt, Magazine, Suarez — 10:30 a.m. Second Reading Public Hearing
ORDINANCE AMENDMENT TO ELIMINATE THE FLOOR AREA RATIO BONUS FOR HOTEL USES IN THE CD-2 DISTRICT ALONG ALTON ROAD, NORMANDY DRIVE, 71 STREET AND COLLINS AVENUE NORTH OF 63 STREET (EXCEPT FOR COLLINS AND WASHINGTON SOUTH OF 20TH).
MBU RESOLUTION:
MBU SUPPORTS eliminating the .5 FAR Bonus for hotels.
The original intent of the hotel FAR bonus was to incentivize hotel development. Since then, goals for hotel development have been fulfilled and even more hotel incentives have been adopted such as reduced parking requirements and eliminating the limit of number of units per acre. The result is a City losing full-time resident population even as Florida’s population explodes. Since Florida state law preempts municipalities from prohibiting short term rentals and the city goal is to increase housing, removing the bonus .5 FAR for hotel development is a viable tool to accomplish new, full-time residential housing.
Read the Commission document by clicking HERE
R5K Sponsored by Dominguez — 11:05 AM Second Reading Public Hearing
ORDINANCE AMENDMENT TO CODE ENFORCEMENT HEARING PROCEDURES ALLOWING ONLY ONE EXTENSION OF TIME TO EXTEND A COMPLIANCE DATE
MBU RESOLUTION:
Miami Beach United (MBU) recognizes the need to improve the Special Master process and supported the recent ordinance amendment to limit continuances to allow this judicial process to proceed more expeditiously. We can also SUPPORT this further amendment to make it more difficult for code violators to receive “time extensions”; as long as it will not negatively affect well intentioned property owners (especially residences and small businesses) who are in the process of resolving a violation but are facing unforeseen obstacles in getting the required work done. Examples of such obstacles may include delays in receiving engineering reports, difficulties in finding contractors and getting them to complete work on a timely basis, the need for a special assessment, etc. We have been assured by the City Attorney’s Office that the language in the ordinance which allows the Special Magistrate to make an exception to allowing only one extension if the movant “has shown, through sworn testimony accompanying the motion, that fundamental due process would be denied if the request for more time were not granted”. Since we are not legal experts, we are relying on the assurance from the City Attorney’s Office that this language is not going to pose a problem for well-intentioned property owners who need more time to comply with a Special Magistrate order.
Read the Commission document by clicking HERE
R5N Sponsored by Fernandez, Bhatt, Suarez — 2:10 pm Second Reading Public Hearing
MANDATORY PROGRESS REPORT REQUIREMENTS FOR CUP ORDINANCE AMENDMENT TO ESTABLISH MANDATORY PROGRESS REPORT REQUIREMENTS FOR CONDITIONAL USE “PERMITS” ISSUED FOR NEIGHBORHOOD IMPACT ESTABLISHMENTS.
R5 AC Sponsored by Fernandez First Reading
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “TAXATION,” BY AMENDING ARTICLE V, ENTITLED “LOCAL BUSINESS TAX” BY CREATING SECTION 102-368.1 THEREOF, ENTITLED “POSTING OF CONDITIONAL USE PERMIT (CUP) DECAL” TO REQUIRE ANY BUSINESS OPERATING PURSUANT TO AN ACTIVE CONDITIONAL USE PERMIT TO POST A DECAL, ISSUED BY THE CITY, INDICATING THAT THE BUSINESS HAS AN ACTIVE CONDITIONAL USE PERMIT (CUP), AND PROVIDING INFORMATION ON HOW THE APPROVED CUP MAY BE ACCESSED VIA THE INTERNET;
MBU RESOLUTION:
Miami Beach United SUPPORTS both these items pertaining to Conditional Use Permits approved by the Planning Board. Over the past few years, we have seen many instances of businesses not operating as per their CUP, and consequently, negatively affecting the surrounding neighborhood. Both of these items will make it easier for both the Planning Board and residents to monitor businesses with a CUP and ensure they are operating according to their permit.
Read the Commission document by clicking HERE
R5O Sponsored by Meiner — 2:15 PM Second Reading Public Hearing
ORDINANCE AMENDMENT TO CHAPTER 70 OF THE CODE SECTION BY CREATING SECTION 70-1.1, ENTITLED “HABITUAL MUNICIPAL ORDINANCE VIOLATION OFFENDERS”
MBU RESOLUTION:
Miami Beach United SUPPORTS this resolution having the City of Miami Beach adopt the state misdemeanor offense of “Habitual Municipal Ordinance Violation offenders”; to be consistent with existing state law and allow local enforcement. We applaud efforts by the Commission to make Miami Beach a safer place to live.
Read the Commission document by clicking HERE
R5P Sponsored by Dominguez, Fernandez — 2:20 PM Second Reading Public Hearing
AN ORDINANCE AMENDMENT TO REGULATE SOUND LEVELS PRODUCED BY “STREET PERFORMERS AND ART VENDORS,” IN CLOSE PROXIMITY TO OUTDOOR DINING SEATING.
MBU RESOLUTION:
MBU SUPPORTS this resolution to reduce noise levels adjacent to outdoor dining establishments. Musical performance with amplification adjacent to restaurants interferes with the normal conversation of outdoor dining patrons and diminishes the experience of outdoor dining.
Read the Commission document by clicking HERE
R5S Sponsored by Fernandez — 5:01 PM Second Reading Public Hearing
ALCOHOL HOURS OF SALE – RM3 OCEANFRONT PROPERTIES AN ORDINANCE REQUIRING A 12 AM CUTOFF FOR THE SALES AND CONSUMPTION OF ALCOHOL OUTDOORS AT ALCOHOLIC ESTABLISHMENTS ON THE EAST SIDE OF COLLINS BETWEEN 53RD AND 72ND STREETS DUE TO THE CLOSE PROXIMITY OF RESIDENTIAL BUILDINGS
MBU RESOLUTION:
Miami Beach United SUPPORTS this ordinance consistent with our position that alcoholic beverage establishments in residential neighborhoods should serve alcohol no later than 2 am indoors and 12 am outdoors.
This ordinance should NOT repeal or replace existing earlier hours, zoning or code in those areas where prohibited from 8 pm to 8 am. We further support strict noise control in such areas where outdoor sales and consumption is permitted in all zones.
Read the Commission document by clicking HERE
R5T Sponsored by Fernandez, Bhatt and Magazine — 5:02 PM Second Reading Public Hearing
ZONING AMENDMENT REPEALING CD-2 AND TC-C CO-LIVING INCENTIVES REPEALING CO-LIVING UNITS AS AN ALLOWABLE USE FOR “WASHINGTON AVENUE (CD-2)” AND BY REDUCING THE MAXIMUM NUMBER OF CO-LIVING UNITS THAT MAY BE BUILT WITHIN “TOWN CENTER-CENTRAL CORE (TC-C) DISTRICT”
MBU RESOLUTION:
Miami Beach United SUPPORTS this ordinance, agreeing with its major premises that the proliferation of co-living units may exacerbate housing affordability issues by reducing the availability of traditional housing options for families and individuals. Co-living units, which are comparable in size to hotel rooms, are likely to become short-term rentals, even if such rentals are legally prohibited. This legislation is also especially critical because to date, since none of the proposed co-living unit projects has been completed, the City has no data on impacts.
Read the Commission document by clicking HERE
R5Y, R5Z Sponsored by Dominguez, Suarez, Magazine — First Reading RESIDENTIAL USE INCENTIVES – COMPREHENSIVE PLAN AND LDR AMENDMENTS
ORDINANCE AMENDMENTS TO PROVIDE CONSISTENCY WITH FLOOR AREA RATIO (F.A.R.) REGULATIONS; TO ENCOURAGE THE CONVERSION OF LEGALLY ESTABLISHED TRANSIENT USES TO RESIDENTIAL USES IN THE “WEST AVENUE BAYFRONT OVERLAY”; (RM-2),”IN THE MID BEACH RESIDENTIAL USE INCENTIVE AREA” AND THE “WEST AVENUE BAYFRONT OVERLAY” (RM-3), BY PROVIDING FAR INCENTIVES.
MBU RESOLUTION:
Miami Beach United SUPPORTS residential use incentives encouraging the conversion of transient uses. Miami Beach is experiencing a shortage of full-time housing and a reduction in permanent residents. Providing FAR incentives has proven successful in the South of Fifth neighborhood and would work well in the West Ave and Mid Beach area. We would also urge the City to consider utilizing such incentives citywide.
Read the Commission document by clicking HERE
2024 MBU Board of DirectorsOfficers Clare McCord, President Ron Starkman, VP Government Affairs Saul Gross, Treasurer Adam Kravitz, Recording Secretary Committee Chairs Hortense De Castro, Membership Gayle Durham, Strategic Policy & Advocacy Elizabeth Latone, Strategic Policy & Advocacy Roger Goldblatt, Marketing Valerie Navarrete, Forums & Events Amanda Knapp, Administration Directors Jack Finglass Jorge Gonzalez Scott Needelman Manning Salazar Robert Selsam |
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