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20080917_reg_title_red Special City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive September 17, 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. REGULAR AGENDA R5 - Ordinances R5A An Ordinance Amending Ordinance No. 1335, The Classified Employees' Leave Ordinance, By Amending The Provisions Of Section 8 For Use Of Sick Leave; Providing For A Repealer, Severability, Codification, And An Effective Date. 5:05 p.m., Second Reading Public Hearing (Page 23) (Human Resources) (First Reading on September 8, 2008) R5B Parking Rate Ordinance Amendments An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, Entitled “Traffic And Vehicles,” By Amending Article II, Entitled “Metered Parking,” By Amending Division 1, Entitled “Generally,” By Amending Section 106-55, Entitled “Parking Rates, Fees, And Penalties,” By Amending Parking Meter Rates And Time Limits, Regulations Concerning Metered Parking Space Rentals, Temporary Residential Guest Parking Placard Permits, And Providing Minor Amendments For Consistency Within Section 106-55 With Regard To Parking Department Operating Procedures And Modernizing Parking Regulation Terminology; By Amending Division 2, Entitled “Residential Parking Permits,” By Amending Section 106-79, Entitled “Issuance Of Permits; Placement Of Signs,” By Amending The Provisions For Residential Parking Permits; Providing For Codification, Repealer, Severability, And An Effective Date. 5:05 p.m. Second Reading Public Hearing (Page 32) (Parking Department) (First Reading on September 8, 2008) 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. Regular Agenda, September 17, 2008 R5 - Ordinances (Continued) R5C Water and Sewer Rate Ordinance An Ordinance Amending Chapter 110 Of The Miami Beach City Code Entitled “Utilities,” Amending Article IV, Entitled "Fees, Charges, Rates And Billing Procedure Thereof;” Amending Division 2 Thereof, Entitled “Rates, Fees And Charges;" Amending Section 110-168 (b) Thereof, Entitled “Sanitary Sewer Service Charge,” To Provide Additional Water Meter Fees; And Also Amending Appendix A, (Entitled “Fee Schedule”) To Increase The Sanitary Sewer Service Charge Imposed By The City, Pursuant To Sections 110-166 (a) And (b), And 110-168 (b); Providing For Codification, Repealer, Severability, And An Effective Date. 5:05 p.m. Second Reading Public Hearing (Page 49) (Public Works) (First Reading on September 8, 2008) R5D Stormwater Rate Ordinance An Ordinance Amending Chapter 110 Of The Miami Beach City Code, Entitled “Utilities;” By Amending Article III Thereof Entitled “Stormwater Utility,” Amending Section 110-109 (c) Thereof Entitled “Stormwater Utility Fees,” By Amending Appendix “A” Thereof To Increase The Stormwater Utility Service Charge Imposed By The City; Providing For Codification, Repealer, Severability, And An Effective Date. 5:05 p.m. Second Reading Public Hearing (Page 64) (Public Works) (First Reading on September 8, 2008) R5E An Ordinance Amending The Miami Beach City Code By Amending Chapter 90, Entitled “Solid Waste,” By Amending Article I, Entitled “In General,” By Amending Section 90-2, Entitled “Definitions,” By Amending Definitions Concerning Waste Collection; By Amending Article IV, Entitled “Private Waste Collectors/Contractors,” By Amending Division 2, Entitled “License And Permit,” By Amending Sections 90-191, 90-192, 90-193, And 90-195 To Clarify Provisions Regarding Licenses, Permits, Indemnification, And Insurance For Independent Contractors; By Amending Division 3, Entitled “Franchise,” Of Article IV By Amending Sections 90-221, 90-222, 90-223, 90-224, 90-225, 90-228, 90-229, 90-230, And 90-233 By Amending Franchise Fee Provisions, Providing Provisions For Recycling And Waste Contractors With Regard To Franchise Fees, Account Information, Monthly Reports, The Handling Of Complaints, Regulations For Servicing Dumpsters, Compactors, And Garbage Facilities, The Selection Of Franchise Waste Contractors, The Renewal Of Waste Contractors’ Franchise Agreement Contracts, The Exemption To Provide For Recycling, And The Revocation Of Franchises, By Adding A New Section 90-231 To Provide Recycling Requirements For Waste Contractors, And Renumbering Sections 90-232 Through 90-235 Accordingly; By Amending Division 4, Entitled “Specialty Contractors,” Of Article IV By Amending Subdivision II, Entitled “Rolloff/Waste Container Contractors,” By Amending Sections 90-276 Through 90-281 To Amend License And Permit Requirements And Fees, Providing Penalties For Failure To Obtain A Permit, Providing That On-Street And Off-Street Permit Fees Shall Be Changed By Resolution After October 1, 2008, Increasing The On-Street And Off-Street Permit Fees From 16% To 18% Of The Licensee’s Total Monthly Gross Receipts, Amending Monthly Report And Audit Provisions, And Adding Identification Requirements And Location, Use, And Overflow Restrictions; By Amending Subdivision III, Entitled “Recycling Waste Contractors,” Of Division 4 Of Article IV By Amending Section 90-307 With Regard To The Expiration Of Licenses And Creating Section 90-310 To Set Forth The Regulations Applicable To Recycling Waste Contractors; Providing For Repealer; Severability; Codification; And An Effective Date. 5:05 p.m. Second Reading Public Hearing (Page 73) (Public Works) (First Reading on September 8, 2008) Regular Agenda, September 17, 2008 R5 - Ordinances (Continued) R5F An Ordinance Amending Chapter 110 Of The Miami Beach City Code Entitled “Utilities,” Amending Article IV, Entitled "Fees, Charges, Rates And Billing Procedure Thereof;” Amending Division 2, Entitled “Rates, Fees And Charges," By Deleting Section 110-168 (b) Thereof, Entitled “Sanitary Sewer Service Charge,” To Provide Additional Water Meter Fees; And Also Amending Appendix A To Section 110-166, (Entitled “Fee Schedule,”) To Increase The Sanitary Sewer Service Charge Imposed By The City Pursuant To Sections 110-166 (a) And (b), And 110-168 (a); Providing For Codification, Repealer, Severability, And An Effective Date. First Reading (Page 96) (Public Works) R5G An Ordinance Amending Chapter 110 Of The Miami Beach City Code, Entitled “Utilities;” By Amending Article III Thereof Entitled “Stormwater Utility;” Amending Section 110-109 (c) Thereof Entitled “Stormwater Utility Fees,” By Amending Appendix “A” Thereof To Increase The Stormwater Utility Service Charge Imposed By The City; Providing For Codification, Repealer, Severability, And An Effective Date. First Reading (Page 101) R7 - Resolutions R7A1 Resolution Adopting: 1) The Final Ad Valorem Millage Of 5.6555 Mills For General Operating Purposes, Which Is Four-Tenths Of One Percent (0.4%) More Than The "Rolled-Back" Rate Of 5.6349 Mills; And 2) The Debt Service Millage Rate Of 0.2375 Mills For Fiscal Year 2008/09. 5:01 p.m. Second Reading Public Hearing (Page 104) (Office of Budget & Performance Improvement) (First Reading on September 8, 2008) R7A2 Resolution Adopting Final Budgets For The General, RDA Ad Valorem Taxes, Enterprise, And Internal Service Funds For Fiscal Year 2008/09. 5:01 p.m. Second Reading Public Hearing (Page 115) (Office of Budget & Performance Improvement) (First Reading on September 8, 2008) R7B1 Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood Improvement District Adopting The Final Ad Valorem Millage Of 0.7227 Mills For Fiscal Year (FY) 2008/09 For The Normandy Shores Local Government Neighborhood Improvement District, Which Is Thirty-One And One Tenth Percent (31.1%) Less Than The “Rolled-Back” Rate Of 1.0489 Mills. 5:02 p.m. Second Reading Public Hearing (Page 144) (Office of Budget & Performance Improvement) (First Reading on September 8, 2008) R7B2 A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood Improvement District Adopting The Final Operating Budget For Fiscal Year (FY) 2008/09. 5:02 p.m. Second Reading Public Hearing (Page 151) (Office of Budget & Performance Improvement) (First Reading on September 8, 2008) Regular Agenda, September 17, 2008 R7 – Resolutions (Continued) R7C A Resolution Adopting The Annual Fiscal Year (FY) 2008/09 Appropriation For The Capital Renewal And Replacement Fund Budget, In The Amount Of $2,218,974. (Page 156) (Budget & Performance Improvement) R7D A Resolution Adopting And Appropriating The City Of Miami Beach Capital Budget For Fiscal Year 2008/09 And The Capital Improvement Plan For Fiscal Years 2008/09-2012/13. Joint City Commission and Redevelopment Agency (Page 161) (Budget & Performance Improvement) R7E A Resolution Adopting Fiscal Year (FY) 2008/09 Budgets For Special Revenue Funds For Resort Tax; The 7th Street Garage Operations; And The State Major Cultural Institution Grant For The Bass Museum. (Page 184) (Budget & Performance Improvement) R7F A Resolution Approving And Establishing A Maximum Schedule Of User Rates For The Newly Renovated Normandy Shores Golf Club As Delineated In The Attached Exhibit “A” To This Resolution (Golf And Membership Rates Sheet) With Said Rates To Be Effective As Of October 1, 2008; Further Authorizing The City Manager To Establish A Rate For Charitable Or Community Based Organizations, Which In No Event Shall Be Less Than 70% Of The Approved Rack Rate Then In Effect; Authorizing The City Manager To Establish Lesser Rates For Golf Tournaments, Promotions And Daily Play Rates When He Deems, In His Reasonable Judgment And Discretion That It Is Necessary For The Efficient And Financially Prudent Operation Of The Golf Course. A Resolution Amending Resolution No. 2007-26657, Which Approved And Established The Current Maximum Schedule Of User Rates For The Miami Beach Golf Club; Said Amendment Modifying Only The South Florida Resident And Rack Rates, As Delineated In The Attached Exhibit “A” To This Resolution (Golf And Membership Rates Sheet); With Such New Rate Changes Effective As Of October 1, 2008. (Page 191) (Parks & Recreation) R7G A Resolution Authorizing The Appropriation Of $640,260 From The Fiscal Year 2007/08 People's Transportation Plan (PTP) Funds, $436,449 From The FY 2008/09 Concurrency Mitigation/South Beach Funds, And $254,123 From The FY 2008/09 Parking Enterprise Budget, To Fund The $1,330,832 Miami Beach Share Of The FY 2008/09 Operating Budget Of The South Beach Local, As Previously Authorized By Resolution No. 2005-25934, Dated June 8, 2005, Which Executed An Interlocal Agreement With Miami-Dade County For The Provision Of A Bi-Directional Transit Circulator Route Service In South Beach. (Page 198) (Public Works) R7H A Resolution Adopting The Miami Beach Cultural Arts Council’s Fiscal Year 2008/09 Budget In The Amount Of $1,041,175. (Page 203) (Tourism & Cultural Development) Regular Agenda, September 17, 2008 R7 – Resolutions (Continued) R7I A Resolution Accepting The City Manager’s Recommendation, And Approving The Cultural Arts Council’s Funding Recommendations, And Awarding $630,000 In Said Grants, For Fiscal Year 2008/09, As Identified In The Attached Exhibit “A”; And Further Authorizing The Mayor And City Clerk To Execute Said Grant Agreements, And Make The Award Of Said Grant Monies Subject To And Contingent Upon The Approval Of The Cultural Arts Council’s Budget For The Fiscal Year 2008/09. (Page 208) (Tourism & Cultural Development) R7J Resolution Adopting And Approving The Miami Beach Visitor And Convention Authority (VCA) Fiscal Year 2008/09 Budget, In The Amount Of $1,617,216. (Page 215) (Tourism & Cultural Development) R7K A Resolution Revising The Miami Beach “Special Events Requirements And Guidelines,” By Amending Section III, Entitled “Weddings And Ceremonies,” Section V, Entitled “Product Promotion” And Renaming Section V to “Product Promotion/Temporary Sampling” ; And Further Amending The Special Event Fee Schedule, And Hereby Permitting And Restricting Further Uses On Public Property. (Page 222) (Tourism & Cultural Development) R7L A Resolution Amending Resolution 2003-25302, Subject To And Effective Upon Approval By Miami- Dade County, Increasing The Fire Rescue Transport Fees From $330 To $430 For Basic Life Support, From $380 To $500 For Advanced Life Support 1, And From $490 To $630 For Advanced Life Support 2, And Maintaining The Current Fees For All Expendable Medical Supplies, With Services Not To Be Withheld Due To A Person’s Inability To Pay. (Page 257) (Fire Department) End of Regular Agenda