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July16_con_small We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive July 16, 2008 Mayor Matti Herrera Bower Vice-Mayor Richard L. Steinberg Commissioner Saul Gross Commissioner Jerry Libbin Commissioner Edward L. Tobin Commissioner Deede Weithorn Commissioner Jonah Wolfson City Manager Jorge M. Gonzalez City Attorney Jose Smith City Clerk Robert E. Parcher Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings. Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move any agenda item to the alternate meeting date which will only be held if needed. In addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. Call to Order - 9:00 a.m. Inspirational Message, Pledge of Allegiance Requests for Additions, Withdrawals, and Deferrals Presentations and Awards Regular Agenda PA Presentations and Awards R2 Competitive Bid Reports R5 Ordinances Consent Agenda R7 Resolutions C2 Competitive Bid Reports R9 New Business and Commission C4 Commission Committee Assignments R10 City Attorney Reports C6 Commission Committee Reports C7 Resolutions Reports and Informational Items ATTENTION ALL LOBBYISTS Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. Consent Agenda, July 16, 2008 ii Presentations and Awards PA1 Certificates Of Completion To Be Awarded To The Graduates Of The Neighborhood Leadership Academy. (Page 1) (Neighborhood Services) PA2 Presentation Of The City Of Miami Beach Hospitality And Tourism Scholarships. (Tourism & Cultural Development) PA3 Certificates Of Appreciation To Be Presented To Employee Of The Month “At Your Service” Award Winners For May And June 2008. (City Manager’s Office) PA4 Proclamation To Be Presented To Biscayne Engineering Company, Inc., In Recognition Of Their Valuable And Important Environmental Engineering, Planning, Construction And Wastewater Management Services Provided To Main Projects In The City Of Miami Beach. (Requested by Mayor Matti Herrera Bower) PA5 Certificate Of Recognition To Be Presented To Ada Llerandi In Recognition Of A Valuable and Important Service To The Miami Beach Cultural Arts Council. (Requested by Mayor Matti Herrera Bower) PA6 Certificate Of Recognition To Be Presented To Gail L. Thompson In Recognition Of A Valuable and Important Service To The Miami Beach Cultural Arts Council. (Requested by Mayor Matti Herrera Bower) PA7 Certificates Of Appreciation To Be Presented To Wendy Kallergis And Calvin Kohli, For Their Participation In The Miami Beach Chamber Of Commerce Building And Permitting Committee. (Requested by Commissioner Jerry Libbin) PA8 Certificate Of Recognition To Be Presented To Francisco “Hunter” Becerra For Making All Dade In Diving At Miami Beach Senior High School. (Requested by Mayor Matti Herrera Bower) CONSENT AGENDA Action: Moved: Seconded: Vote: Consent Agenda, July 16, 2008 iii C2 - Competitive Bid Reports C2A Request For Approval To Purchase Two (2) Medtec Ambulances From Ten-8 Fire Equipment, Inc., Pursuant To Florida State Contract No. 07-07-0828, In The Amount Of $371,530. (Page 3) (Fleet Management) C2B Request For Approval To Issue A Request For Proposals (RFP) For Valet Parking Services At The Miami Beach Convention Center, Fillmore At Miami Beach At Jackie Gleason Theater, And Other City Property, As May Be Required. (Page 8) (Parking Department) C2C Request For Approval To Award Primary And Secondary Contracts To The Following Vendors: Austin Tupler Trucking Inc, Florida Superior Sand, Inc, Allied Trucking Of Florida, Cemex/Rinker Materials Corporation, Golf Agronomics, Chin Diesel, Inc, And Pro-Grounds Productions Inc. Pursuant To Invitation To Bid No. 22-07/08, For The Purchase And Delivery Of Rock, Soil, And Sand In The Estimated Annual Amount Of $239,118. (Page 21) (Public Works/Parks & Recreation) C2D Request For Authorization To Award A Contract, Pursuant To Invitation To Bid (ITB) No. 13-07/08; For The South Pointe Phase II Right Of Way Infrastructure Improvements Project, Neighborhood No. 12C, To RIC-Man International, Inc. (RIC-Man), Subject To And Conditioned Upon The Administration Being Able To Negotiate Further With RIC-Man; And Provided Further That, Upon Conclusion Of These Further Negotiations With RIC-Man, The City Manager Will Bring The Bid Back For Consideration By The City Commission, With A Recommendation For Award Of Contract Or For Rejection Of All Bids. (Page 32 (Capital Improvement Projects) C2E Request For Approval To Reassign The Sole Source Vendor Status For Previously Approved Purchases In The Amount Of $1,710,835 For Parkeon Goods And Services From Bytewise Solutions Inc, To Parkeon Inc. (Page 37) (Parking Department) C2F Request For Authorization To Issue A Request For Proposals (RFP) For The Management And/Or Development Of The Byron Carlyle Theater Complex. (Page 42) (Tourism & Cultural Development) C4 - Commission Committee Assignments C4A Referral To The Neighborhoods/Community Affairs Committee - Consideration Of A Public Art Project By The Artist Dan Graham To Be Commissioned For Placement In The 1100 Block Of Lincoln Road, As Recommended By The Art In Public Places Committee. (Page 51) (Tourism & Cultural Development) Consent Agenda, July 16, 2008 iv C4 - Commission Committee Assignments (Continued) C4B Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding The Environmental Coalition Of Miami Beach’s (ECOMB) Eco Art Gallery By The Sea Proposal. (Page 65) (Requested by Mayor Matti Herrera Bower) C4C Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding Scooters, Specifically Regulations For Parking And Noise Management. (Page 67) (Requested by Commissioner Deede Weithorn) C4D Referral To The Finance And Citywide Projects Committee Of An Amendment To Chapter 90 Of The City Code Relative To Franchise Renewal And Recycling. (Page 69) (City Manager’s Office) C6 - Commission Committee Reports C6A Report Of The Special Finance And Citywide Projects Committee Meeting On June 17, 2008: 1) Discussion Regarding The Sanitation Budget; 2) Discussion Regarding The Greenspace Budget; And 3) Discussion Regarding The Property Management Budget. (Page 71) C6B Report Of The Special Finance And Citywide Projects Committee Meeting On June 18, 2008: 1) Proposed Project For Retail And Garage In The Sunset Harbor Neighborhood. (Page 77) C6C Report Of The Capital Improvement Projects Oversight Committee Meeting On July 7, 2008: 1) Review Of Sample Contracts; 2) Best Value Procurement Methods; And 3) Review Of Priority Basins. (Page 85) C7 - Resolutions C7A A Resolution Setting A Public Hearing For September 10, 2008 To Retroactively Waive The Development Regulations For The Construction Of A Temporary Parking Lot In Collins Park To Temporarily Replace Lost Parking While The Lot Is Renovated, Pursuant To Section 142-425(d) Of The City Code. (Page 89) (City Manager’s Office) Consent Agenda, July 16, 2008 v C7 - Resolutions (Continued) C7B A Resolution Approving And Authorizing The Mayor And The City Clerk To Execute Amendment No. 10 To The Agreement Between The City And RIC-Man International, Inc., In An Amount Not To Exceed $147,861, For The Provision Of Additional Scope Due To Betterment And Unforeseen Conditions On 6th, 9th, 10th, 11th, 12th, 13th, And 14th Streets, Between Washington Avenue And Ocean Drive; 14th Lane, Between Collins Avenue And Ocean Drive; And Espanola Way, Between Washington Avenue And Collins Avenue, For The Right-Of-Way Infrastructure Improvements Program In Neighborhood No. 10 - Flamingo/Lummus Project; With Funding To Be Appropriated From The Capital Reserve Fund 304. (Page 102) (Capital Improvement Projects) C7C A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 7, To The Existing Professional Services Agreement With STA Architectural Group, Inc., For The Fire Station No. 2 And Hose Tower Refurbishment Projects; Said Amendment, In The Amount Of $305,640, To Provide Architecture Design Services And Construction Administration Services For The Completion Of Building B And The Historic Renovation Of The Existing Fire Station No. 2 (Building A); With Funding For Same Available From Previously Appropriated Funding Sources: $88,065 From The Pay-As-You-Go (Fund No. 302) Appropriated In The Capital Budget Fiscal Year 2006/2007; $3,500 From The 1999 GO Bond Fire Safety E (Fund No. 378) Appropriated In The Capital Budget Fiscal Year 2002/2003; $6,053 From The 1999 Go Bond Fire Safety B (Fund No. 375) Appropriated In The Capital Budget Fiscal Year 2002/2003; $89,087 From The Capital Reserve - Contingency (Fund No. 304) Appropriated In The Capital Budget Fiscal Year 2007/2008; $76,935 From The Capital Reserve - Design (Fund No. 304) Appropriated In The Capital Budget Fiscal Year 2007/2008; And With Funding For Same Available From Previously Appropriated Hose Tower Refurbishment Project Funding Sources; $12,000 From The Pay-As-You-Go (Fund No. 302) Appropriated In The Capital Budget Fiscal Year 2006/2007; And $30,000 From The Capital Reserve - Design (Fund No. 304) Appropriated In The Capital Budget Fiscal Year 2007/2008. (Page 111) (Capital Improvement Projects) C7D Re-Appointment Of Chief Special Master (Page 124) 1. A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Section 30- 36 Of The Code Of The City Of Miami Beach, Concerning The Re-Appointment Of Judge Mario P. Goderich, To Serve As Chief Special Master, For A Term Commencing On September 5, 2008, And Ending On March 4, 2009; Provided Further That Chief Special Master, Judge Goderich Shall Be Authorized To Hold Hearings And Impose Fines, Liens And Other Non-Criminal Penalties Against Violators Of The City And County Codes And Ordinances, And Shall Also Be Authorized To Appoint Such Other Special Masters As May Reasonably Be Required To Conduct The Subject Hearings; And Further Incorporating All Other Matters Set Forth Within Chapter 30 Of The City Code, Including, Without Limitation, Sections 30-37 And 30-38 Thereof, Concerning The Compensation And Duties Of The Chief Special Master. 2. A Resolution Approving And Re-Appointing, Pursuant To Section 102-356 Of The City Code, Judge Mario P. Goderich, (Chief Special Master Re-Appointed Pursuant To Resolution No. (2008-26755), As The City Manager’s “Designee” Under Section 102-356 Of The City Code; Said Designation Commencing With Judge Goderich’s Term As Chief Special Master On September 5, 2008, And Ending On March 4, 2009. (City Clerk’s Office) Consent Agenda, July 16, 2008 vi C7 - Resolutions (Continued) C7E A Resolution Approving An Energy Audit Agreement Between The City And Ameresco (The Company). (Page 131) (City Manager’s Office) C7F A Resolution Adopting The Five-Year (FY 2008-2012) Consolidated Plan For Federal Funds In Substantially The Attached Form; Adopting The One-Year (FY 2008/2009) Action Plan For Federal Funds In Substantially The Attached Form; And Authorizing The City Manager To Execute All Applicable Documents And To Submit The Five-Year (FY 2008-2012) Consolidated Plan And The One-Year (FY 2008/2009) Action Plan To The U.S. Department Of Housing And Urban Development (HUD). (Page 164) (Community & Economic Development) C7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute, Subject To Review And Approval Of The Final Form By The City Manager And City Attorney’s Office, A Joint Participation Agreement (JPA) With The Florida Department Of Transportation (FDOT) For The Construction Of Crosswalks And Pedestrian Countdown Signals On 41st Street, From Chase Avenue To Pinetree Drive As Part Of The FDOT Pedestrian Corridor Improvement Project; And Further Appropriating $160,000 In Currency Mitigation Funds From Middle Beach. (Page 177) (Public Works) C7H A Resolution Ratifying An Interlocal Agreement With Miami-Dade County For The Purpose Of Receiving Parking Fines Reimbursement Program Funds For Projects That Benefit People With Disabilities. (Page 200) (Public Works) C7I A Resolution Approving The Following Actions With Regard To The Affordable Housing Rental Project Acquired And To Be Rehabilitated By Miami Beach Community Development Corporation (MBCDC), Known As The Villa Maria, And Located At 2800 Collins Avenue: 1) Authorizing The Release Of An Existing Recorded Mortgage And Security Agreement Against Lots 1, 2, 6 And 7 Of The Property In The Amount Of $1.6 Million, And Providing For Execution And Recordation Of A New Mortgage, Note, And Security Agreement, In The Amount Of $3.2 Million (The Existing $1.6 Million, As Well As An Additional $1.6 Million Previously Appropriated, But Not Yet Recorded In Home Funds) Against Lots 1 And 2 Only; 2) Approving A Subordination Of The City's $3.2 Million Interest/New Mortgage In Favor Of A $3 Million Construction Loan Being Made To MBCDC By International Finance Bank (IFB Loan); Provided That The City's Approval Of The Subordination Of The IFB Loan Is Only For The Duration Of The Construction Loan And That MBCDC Shall Either Pay Off The IFB Loan Or, If Any Part Of The IFB Loan Is Sought To Be Converted Into A Permanent Loan Against The Villa Maria Property, Then Requiring The City Manager's Further Consent; And Further Authorizing The City Manager To Execute Any And All Documents To Effectuate The Aforestated Transactions. (Page 209) (Community & Economic Development) Consent Agenda, July 16, 2008 vii C7 - Resolutions (Continued) C7J A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Request For Proposals (RFP) No. 02-07/08, For Establishing A Cultural Arts Themed And/Or Other Passive Recreational Activities Program In Altos Del Mar Park; Authorizing The Administration To Enter Into Negotiations With The Sole Proposer, Altos Del Mar Sculpture Park, Inc; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. (Page 218) (Tourism and Cultural Department) C7K A Resolution Amending The One-Year Action Plan For Federal Funds For Fiscal Years 2002/2003, 2003/2004, 2005/2006, 2006/2007, And 2007/2008, To Reprogram Prior Year Community Development Block Grants (CDBG) Funds, In The Amount Of $69,894, To Miami Beach Community Development Corporation (MBCDC) For The Interior And Exterior Rehabilitation Of The Meridian Apartments, Further Approving And Authorizing The Mayor And City Clerk To Execute An Amendment To The CDBG Agreement, Dated October 1, 2007, Between The City And MBCDC, Allowing The $190,000 CDBG Allocation To Be Utilized For A Scattered Sites Homeownership Project In North Beach (Instead Of For A Single Site Building Acquisition And Rehabilitation Project As Originally Proposed). (Page 285) (Community & Economic Development) C7L A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Request For Qualifications (RFQ) No. 26-07/08, For The Development And Update Of The Transportation Element Of The City Of Miami Beach Comprehensive Plan In Compliance With The Evaluation And Appraisal Report; And Authorizing The Administration To Enter Into Negotiations With The Top- Ranked Firm, The Corradino Group; Should The Administration Not Be Able To Successfully Negotiate An Agreement With The Corradino Group, Authorizing The Administration To Negotiate With The Second-Ranked Firm, Planning Renaissance Group; Authorizing The Appropriation Of Concurrency Mitigation Funds, For A Not To Exceed Amount Of $175,000; And Further Authorizing The Mayor And City Clerk To Execute An Agreement, Upon Conclusion Of Successful Negotiations. (Page 294) (Public Works) End of Consent Agenda