Agenda July 13, 1988REGULAR AGENDA - JULY 13, 1988
R-5. ORDINANCES - FIRST READING
A. COMMISSION MEMORANDUM NO. .373-88
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ARTICLE I AND II OF CHAPTER 20 O:
THE CODE OF THE CITY OF MIAMI BEACH, PROVIDING FOR AN INCREASE IN BUSINESS LICENSE FEES
PROVIDING FOR TRANSFERABILITY OF BUSINESS LICENSES FOR INDIVIDUAL BUSINESSES WITHIN 15 DAY,
OF BONAFIDE SALE OR TRANSFER OF INDIVIDUAL BUSINESSES; PROVIDING FOR GROUNDS FOR DENIAL O:
BUSINESS LICENSE UPON FAILURE OF APPLICANT TO OBTAIN THE REQUIRED BOND AND INSURANCE
DELETING THOSE PORTIONS OF SECTION 20-15 WHICH DO NOT COMPLY WITH THE APPLICABLE STATE LAW
PROVIDING THAT ALL MEDICAL PERSONNEL PROFESSIONALLY -AFFILIATED WITH ANY HOSPITALS, NURSIN,
HOMES, ACLF'S, CLINICS, AND OTHER BUSINESS ESTABLISHMENTS OR WHO ARE ON PRIVATE DUTY SHAL:
OBTAIN AN OCCUPATIONAL LICENSE; DELETING CERTAIN PHYSICAL, STRUCTURAL, MAINTENANCE, AN
LANDSCAPING REQUIREMENTS OF SECTION 20-19; PROVIDING THAT ALL LICENSES ARE DUE AND PAYABL:
ON OCTOBER 1ST OF EACH YEAR; PROVIDING FOR A DELINQUENCY PENALTY OF TEN PERCENT FOR Ta
MONTH OF OCTOBER AND AN ADDITIONAL FIVE PERCENT FOR EACH ADDITIONAL MONTH OF DELINQUENCY
PROVIDING FOR AUTOMATIC REVOCATION DUE TO LAPSE OF THE REQUIRED INSURANCE; PROVIDING FO:
AUTOMATIC REVOCATION DUE TO CANCELLATION OF THE REQUIRED BOND; PROVIDING FOR IMPOSITION OF
LIEN FOR PAST DUE BUSINESS LICENSE FEES AND PENALTIES FOR THE OPERATION OF RESIDENTIA:
COMMERCIAL PROPERTIES; PROVIDING FOR ADDITIONAL GROUNDS FOR SUSPENSION OR REVOCATION 0:
LICENSES AND PERMITS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FO:
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(FIRE DEPARTMENT - CODE ENFORCEMENT DIVISION)
ACTION: Ordinance passed on First Reading.
Hearing and Second Reading scheduled for 7/27/88, commencing at 11:30 a.m.
Pages 22-23
B. COMMISSION MEMORANDUM NO. 374-88
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING a
31A, SECTION 31A-10 OF THE MIAMI BEACH CITY CODE ENTITLED "REJECTION OF BIDS; NEG0TIA7
BY ADDING A CLARIFICATION IN SUBSECTION (C) THAT A VOTE THEREIN SHALL BE BY "SIMPLE MA,
VOTE OF THE CITY COM214ISSION", AND CONFORMING SAID SUBSECTION TO THE EXPENDITURE LIMITI
CONTAINED IN SUBSECTION (A) OF SECTION 31A; AMENDING SUBSECTION (D) BY CHANGING
DEFINITION OF "MAJOR MUNICIPAL PROJECT" FROM PROJECT COST OF $15 MILLION TO $5 MI:
DELETING THE WORD "COMPETITIVELY", AND CLARIFYING THE NEGOTIATION PROCEDURE; AND ,
SUBSECTION (E) TO PROVIDE FOR WAIVER OF COMPETITIVE BIDDING, UPON WRITTEN RECOMMENDAT:
THE CITY MANAGER, BY A FIVE -SEVENTHS VOTE OF THE CITY COMMISSION WHEN THE COMMISSION
IT TO BE IN THE BEST INTEREST OF THE CITY; PROVIDING FOR A REPEALER; PROVIDIN
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(PURCHASING AND PROPERTY MANAGEMENT)
ACTION: Ordinance passed on First Reading.
Hearing and Second Reading scheduled for 7/27/88, commencing at 11:30 a.m.
Paget 7, 21-22
R-6. REPORTS FROM COMMISSION COMMITTEES
A. COMMISSION MEMORANDUM NO. 386-88
REPORT ON THE ENVIRONMENTAL COMMITTEE'S JUNE 20, 1988, MEETING.
ACTION: Minutes reviewed by Committee Chairman Commissioner Grenald; report accepted a;
follows:
Code revision regarding Fire Prevention - Commissioner Grenald advised that the Fire Chie:
advised the Committee that the proposed revision would not affect tourist facilities
Commission approved the Committee's recommendation to consider the proposed revision, bu{
retain current provisions for smoke detectors until provisions for hard -wired detector;
become mandatory;•ordinance to be submitted at an early date.
Pages 24, 26-27
ACTION SUMMARY (R -5A - R -6A) JULY 13, 1988 -14-
DeCUBAS: Thank you, Mr. Mayor.
DAOUD: Thank you. Good luck. Mr. City Manager.
PARKINS: Yes, sir.
DAOUD: Let's turn to the .... are there any additions, deletions, deferrals?
PARKINS: Yes, sir. There are the following. We have time certain requests.
10:00 a.m. time certain for R 5B. That's assuming we're going to do the Consent
Agenda. I wouldn't then separate the items for the architects but this is for
the Convention Center item.
R -9A, you've asked for. That's Dr. Horwitz. You've asked for 2:45 p.m.
DAOUD: Whenever he shows up is fine.
PARKINS: Okay. R -9B Commissioner Resnick's asked for Dr. Benes to appear at
2:30 p.m, and I'm not sure we'll ....2:30 p.m is also the time, I think, that we
have our public hearing for the....
RESNICK: Can we make it 2:15 p.m.?
PARKINS: 2:00 p.m. I'm sorry, 2:00 p.m. is when we have CDBG. 2:30 p.m. would
be okay, but I think you wanted to adjourn around 3:00 p.m. for a brief....
DAOUD: Yes. We have an appointment. A -very important appointment at 3:00 p.m.
with Chief Glassman.
RESNICK: This is a very short presentation. It's a question of two minutes.
DAOUD: All right. Whenever he comes in, we'll....
PARKINS: All right, so 2:30 p.m. would be fine. C -4G, we're going to need to
separate because we need to adjourn and reconvene as Board of Directors of
Districts 1 and 2.
DAOUD: What time do you want to do that?
PARKINS: Anytime you would -wish, sir. We can do that at any time. That's C -4G.
I'm going to be deferring C -4E as in Echo, that's the Bass Tickets, Inc.,
defer that to July 27th.
DAOUD: Okay.
PARKINGS: The following are requests for deferral by Commissioner Singer, since
he's not here. By the way, Commissioner Shockett called me. He was called into
court at 9:00, but he will be here by noon, he thinks. Commissioner Singer will
be out of town today. R 3A is the Board and Committee appointments but I do
have one request on R -3A before we defer it, and that would be to consider two
additional appointments to the TOPA Ad Hoc Committee. I'll give those to you
shortly.
DAOUD: Okay, R -3A is deferred.
PARKINS: R -6B, Rules and Special Events Committee and R -9C, that's the statute
on private club discrimination. He had also had some correspondence on it and
wanted to talk about it when Commissioner Weisburd's item comes up. R -9C would
be deferred.
GRENALD: Deferred?
PARKINS: That's the request.
GRENALD: And -what was the other one, it 6B, was that deferred?
PARKINS: R -6B would be deferred. That's a request by Vice -Mayor Singer. I
assume there's no objection.
DAOUD: R -6B.
COMIISS ION MINUTES - 7/13/88 Page 7
T1-7
WARSHAW (continued): possible approaches we had kicked around for doing this
would be to request Kaiser -- and Kaiser was the one who gave us the maximum
of $50,000 to do this -- request Kaiser, as an extension of their on-going
contract, to either do the work or get this review work done. So, we're not
bringing in yet another entity which might relieve the present designer of
responsibility. We'd be working within the framework we already have set up.
TdEINER: Well, as I understand it, the Kaiser contract has been terminated by
the lapse of time. That's number one.
Number two, I'm not, as you are, an expert on what Kaiser was supposed
to be doing. My understanding was that they were supposed to be doing
precisely what you're now requesting them to do and that's to manage the ...
or be the City's representative in the construction of the project. If they
found any difficulty with it, they would have been obligated under their
contract to report it.
And to answer you, please don't ever feel any hesitancy about
disagreeing with me. It happens from time -to -time, and I completely agree
with you. There are times when agencies come in and hire to get an
additional level of comfort; and that's why I said I wasn't going to
participate in the business decision but simply advise you as a matter_ of
law.
The City of Miami Beach, as a matter of fact, did precisely the same
thing. The result is we're not only suing Polshek, but we're suing
Turchin/CRS. So, there's an example of ... And I'm sure the airport
authority and I'm sure the seaport authority have not yet had the benefit of
our experience in hiring somebody to overlook somebody else.
ARKIN: Arnold, let me bring one other point up that was brought up at the
meeting, that Kaiser, in their contract with the City, during the early
phases, during design development, were monitoring the design of these plans
and told us, in essence by approving what was designed, that the system was
an adequate system; well-designed.
WEINER: Well, that was their ... That's what I understood they were hired to
do.
ARKIN: That's right. So, that really is the reasoning that the Capital
Improvements Committee did not see the need for this comfort level.
On the other hand, and I've got to say that the TCCEA is made up of very
dedicated people who are putting in enormous hours of time on our behalf,
working on the design and the completion of this project; and I think we have
to be somewhat sensitive to their feelings, since they are monitoring this
project for us. They're putting in the time in addition to Vince Grimm and
the other people from the City and the contractors and they were very, very
strong in this.
I walked into a meeting the other day, at which our committee was being
somewhat censured for just going ahead and letting this matter go down and it
was brought up. I reversed my position by saying that I would voluntarily
ask that it be brought back before the Commission so they can ;Hake a
decision.
MANNE: We don't want the same thing to happen to us that happened to Javits
Center.
WEINER: Well, you can have ten levels of engineering and have the same
result, so that's really not, I think, the critical question. What I would
suggest, though, is that Mr. Brown, who has been working very, very closely
with your group and I see Mr. Grimm is here, and when we said that that's
what Kaiser was hired for, I noticed Mr. Borrelli and I were on the same ...
We agreed that that's essentially what they were hired for, and if this is
the firm that you're looking for the comfort from, why not allow us an
opportunity to investigate under the ambit of their contract, to give you the
assurance that they want in terms of a letter or in terms of whatever
certification we're entitled to. Maybe we dropped the ball in not making
sure that Kaiser lived up to their contract in providing us the comfort that
you're now seeking. We may have already paid for it.
WARSHAW: That's an excellent point and I'm glad that you brought it up
because what happened is we, in fact, tried to go back to Kaiser.
CO.'+SMISSION MINUTES - 7/13/88 Page 21
WNRS-tIAd (continued): Unfortunately, Bill Crass, who was their representative
on the site is somewhere in ... (_MANNE: Greece.) ... in Greece right now
and we just haven't been able to get that assurance from Kaiser, but
certainly the Commission is in a much better position to insist on having it
than we are and that would be fine.
WEINER. Well, if that would be something that the City Manager and the
Commission and your group would like us to pursue, we will certainly make
sure that Kaiser delivers to us the product that they were compensated for.
And if Mr. Crass is in Athens, and I hope he's not sailing in Athens,
(laughter) we'll be happy to pursue that with you with Mr. Grimm and Mr.
Borrelli and your group telling us what questions to ask and we'll see that
you get the comfort level that you're entitled to.
WARSHAW: Incidentally, I'm sure Leon agrees with me, but I'd like to take
this opportunity to express the gratitude of the entire Convention Center
Authority for the cooperation we've gotten from the Commission. It's been a
pleasure working with you, and I don't want to give anyone the impression
that we feel there is a disagreement here. We just feel it's our
responsibility to let you know of a problem and that decisionn is yours,
clearly.
ARKIN: Let's snake sure, Bert, for the record, that you don't know that there
is a problem. This is to see if there could be a problem. (MANNE: Correct.)
Because your last remark said, let's handle this problem. But, going back to
Bill Crass, Bill was not the person examining these plans. The Kaiser
organization did it, so even though Bill is in Greece, there are still people
in California who handle this for Kaiser. They went to an engineer to do
this, so we should contact Kaiser in California to get that comfort.
PARKINS: Excellent suggestion, Mr. Weiner. I think you're absolutely right.
MANNE: It should be done as soon as possible.
DAOTJD: Thank you very much. MANNE: Thank you very much.
PARKINS: While they're here, Mr. Mayor, could we take rR-5B, which should be
fairly simple. z
ITEM R -5B COMMISSION MEMORANDUM NO. 374-38
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH.,
FLORIDA, ACING CHAPTER 31A, SECTION 31A-10 OF THE MIAMI BEACH
CITY CODE ENTITLED 'REJECTION OF BIDS; NEGOTIATION", BY ADDING A
CLARIFICATION IN SUBSECTION (C) TSAF A VM THEREIN SHAFT, BE BY
'SIMPLE MAJORITY VOLE OF THE CITY COMMISSION-, AND CONFORMING
SAID SUBSECTION TO THE EXPENDITURE LIMITATIONS CONTAINED IN
SUBSECTION (A) OF SECTION 31A; AMENDING SUBSECTION (D) BY
CHARGING THE DEFINITION OF 'MAJOR MUNICIPAL PROJECT' FROM PROJECT
COST OF $15 MILLION TO $5 MIrLION, DELETING THE WORD
-COMPETITIVELY-, AND CLARIFYING THE NEGOTIATION AND
ADDING SUBSECTION 09) TO PROVIDE .FOR WAIVER OF COMPETITIVE
BIDDING, UPON WRITTEN RECOMMENDATION OF THE CITY MANGER, BY A
FIVE-auvhNriib VOTE OF TUE CITY COMMISSION WHEN THE COMMISSION
FINDS IT TO BE IN THE BEST INEIMST OF THE CITY; PROVIDING FOR A
REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
ACTION: Ordinance passed on First Reading.
Hearing and Second Reading scheduled for 7/27/88, commencing at
11:30 a.m.
PARKINS: This is an ordinance on first reading. It clarifies subsection (c)
providing for a simple majority vote of the City Commission, conforming
subsection to expenditure limitations and so on. This has to do with
negotiating with a bidder in order to bring a project in within budget.
DAOUD: Okay. That's moved by Commissioner Arkin, seconded by Commissioner
Resnick. Call the roll.
COMMISSION MINUTES - 7/13/88 Page 22
BAKER: This is AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 31A, SECTION 31A-10 OF THE MIAMI BEACH CITY
CODE ENTITLED "REJECTION OF BIDS; NEGOTIATION", BY ADDING A CLARIFICATION IN
SUBSECTION (C) THAT A VOTE THEREIN SHALL BE BY "SIMPLE MAJORITY VOTE OF THE
CITY COMMISSION", AND CONFORMING SAID SUBSECTION TO THE EXPENDITURE
LIMITATIONS CONTAINED IN SUBSECTION (A) OF SECTION 31A; AMENDING SUBSECTION
(D) BY CHANGING THE DEFINITION OFF "MAJOR MUNICIPAL PROJECT" FROM PROJECT COST
OF $15 MILLION TO $5 MILLION, DELETING THE WORD "COMPETITIVELY", AND
CLARIFYING THE NEGOTIATION PROCEDURE; AND ADDING SUBSECTION (E) TO PROVIDE
FOR WAIVER OF COMPETITIVE BIDDING, UPON WRITTEN RECOMMENDATION OF THE CITY
MANAGER, BY A FIVE-SEVEENTHS VOTE OF THE CITY COMMISSION WHEN THE COMMISSION
FINDS IT TO BE IN TFCC BEST INTEREST OF THE CITY; PROVIDING FOR A REPEALER;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Arkin Yes
Mr. Daoud Yes
Mr. Grenald Yes
Mr. Resnick Yes
Mr. Singer Absent
Mr. Shockett Absent
Mr. tdeisburd Yes
Five in favor. Second and final reading July 27, at 11;30 a.m.
PARKINS: Very good. Thank you. Ude can't do R-33, it isn't 11:30 a.m, yet.
We could do R -5A. We'll do R -5A.
ITEM R -5A COMMISSION MEMORANDUM NO. 373-38
,N ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
ARTICLE I AND II OF CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI
BEACH, PROVIDING FOR AN INCREASE IN BUSINESS LICENSE FEES;
PROVIDING FOR TRANSFERABILITY OF BUSINESS LICENSES FOR ItNDIVIUDAL
BUSINESSES WITHIN 15 DAYS OF BONAFIDE SALES OR TRANSFER OF
INDIVIDUAL BUSINESSES; PROVIDING .FOR GROUNDS FOR DENIAL OF
BUSINESS LICENSE UPON FAILURE OF APPLICANT TO OBTAIN THE REQUIRED
BOND AND INSURANCE; DELETING THOSE PORTIONS OF SECTION 20-15
WHICH DO NOT COMPLY WITH THE APPLICABLE STATE LAW; PROVIDING THAT
ALL MEDICAL PERSONNEL PROFESSIONALLY -AFFILIATED WITH ANY
HOSPITALS, NURSING HOMES, ACLF'S, CLINICS, AND OTHER BUSINESS
ESTABLISHMENTS OR WHO ARE ON PRIVATE DUTY SHALL OBTAIN AN
OCCUPATIONAL LICENSE; DELETING CERTAIN PHYSICAL, brit--tuAaL,
MAINTENANCE, AND LANDSCAPING REQUIREMENTS OF SECTION 20-19;
PROVIDING THAT ALL LICENSES ARE DUE AND PAYABLE OWN OCTOBER IST OF
EACH YEAR.; PROVIDING FOR A DELINQUENCY PENALTY OF TEN PERCENT FOR
THE MONTs'i OF OCTOBER AND AN ADDITIONAL FIVE PERCENT FOR EACH
ADDITIONAL N NTH OF DELINQUENCY; PROVIDING FOR AUTOMATIC
REVOCATION DUE TO LAPSE. OF THE REQUIRED INSURAMCE; PROVIDING FOR
AUTOMATIC REVOCATION DUE TO CANCELLATION OF THE REQUIRED BOND;
PROVIDING FOR IMPOSITION OF A LIEN FOR PAST DUE BUSINESS LICENSE
FEES AND PENALTIES FOR THE OPERATION OF RESIDENTIAL COMMERICAL
PROPERTIES; PROVIDING FOR ADDITIONAL GROUNDS FOR SUSPENSION OR
REVOCATION OF LICENSES AND PEPORYTS; REPEALING ALL ORDINANCES IN
CONFLICTPROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
ACTION: Ordinance passed on First Reading.
Hearing and Second Reading scheduled for 7/27/88, commencing at
11:30 a.m.
PARKINS: R -SA is an ordinance on first reading. This relates to Chapter 20
of the Code of the City of Miami Beach providing an increase in business
license fees. This is a nominal increase that brings us in line with the
maximums afforded by Florida State statutes. I would also point out, for the
record, that we do now have a pharmacist listed in the occupational license
code. I went in to see Commissioner Grenald and he said, "wait a minute,
there's no pharmacist here." So, we looked under druggist, apothecary, about
everything we could and we now have pharmacist listed.
RESNICK: Mr. City Manager, is that "pharmacist" or "druggist"?
COMMISSION MINUTES - 7/13/88 Page 23