060309_Consent_Titles 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
June 3, 2009
Mayor Matti Herrera Bower
Vice-Mayor Edward L. Tobin
Commissioner Victor M. Diaz, Jr.
Commissioner Saul Gross
Commissioner Jerry Libbin
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
The City Commission will recess for lunch at approximately 1:00 p.m.
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, June 3, 2009
ii
Presentations and Awards
PA1 Certificates Of Appreciation To Be Presented To Miami Beach Police Department Detectives Wayne
Holbrook, Dave McCue, Robert Lanier And Miami-Dade Police Department Detective Jesus Pacheco
For Their Decisive And Heroic Actions In An Armed Confrontation With A Violent Felon Who Had
Recently Committed A Brutal Homicide And Kidnapping. (Page 1)
(City Manager’s Office)
PA2 Proclamation To Be Presented To NIKE For Community Service In Miami-Dade County.
(Requested by Commissioner Deede Weithorn)
PA3 Presentation Recognizing The Miami Beach Teen Club And Teen Club Member/Poet Jankel Aleman.
(Requested by Mayor Matti Herrera Bower)
PA4 Certificate Of Appreciation To Be Presented To Caridad Marquez From Rain Drop Day Care, For Her
Years Of Dedication To Children.
(Requested by Mayor Matti Herrera Bower)
PA5 Key To The City To Be Presented To Jonathan R. Mangual, In Appreciation For His Military Service
In The U.S. Navy.
(Requested by Commissioner Jerry Libbin)
PA6 Certificates Of Appreciation To Be Presented To Miami Light Project - Global Cuba Fest, Fundarte -
Global Cuba Fest, Rhythm Foundation - Transatlantic Festival, Relevent - Transatlantic Festival,
Community Arts And Culture - Women’s Culture And Afro Roots Festivals, CMB Tourism And
Cultural Development - Festival Of The Arts, CMG Parks And Recreations Department - 2009
Season, And North Beach Bandshell Trust - 2009, For Bringing Cultural Programming To The North
Beach Community Through The 2009 Season At The North Beach Bandshell.
(Requested by Commissioner Saul Gross)
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 - Competitive Bid Reports
C2A Request For Approval To Award Contracts To Personally Yours Lawn Service, Inc., EDJ Services,
Inc., And Weed-A-Way, Inc., Pursuant To Invitation To Bid (ITB) No. 31-08/09, For Citywide Lot
Clearance Services, In The Estimated Annual Amount Of $80,000. (Page 5)
(Code Compliance)
Consent Agenda, June 3, 2009
iii
C2 - Competitive Bid Reports (Continued)
C2B Request For Approval To Issue A Request For Qualifications (RFQ) For General Transportation
Planning And Traffic Engineering Consulting Services, On An As-Needed Basis, For The City Of
Miami Beach. (Page 11)
(Public Works)
C2C Request For Approval To Award Contracts To Mainline Supply Co. As Primary Vendor, And
Ferguson Enterprises, Inc. As Secondary Vendor, Pursuant To Invitation To Bid No. 14-08/09, For
The Purchase And Delivery Of Polymer Meter Boxes And Covers In The Estimated Annual Amount
Of $89,834.50. (Page 17)
(Public Works)
C4 - Commission Committee Assignments
C4A Referral To The Land Use & Development Committee To Discuss The Challenging Parking Situation
At South Pointe Park. (Page 23)
(Requested by Commissioner Jonah Wolfson)
C4B Referral To The Neighborhoods/Community Affairs Committee To Discuss How The City Can
Address The Growing Issue Of Aggressive Raccoons And Other Rodents. (Page 25)
(Requested by Commissioner Jonah Wolfson)
C4C Referral To The Finance And Citywide Projects Committee - Job Order Contracting (JOC) System
For Achieving Timely And Cost-Effective Procurement Of Maintenance And Construction Services
For Capital Projects. (Page 27)
(Procurement)
C4D Referral To The Finance And Citywide Projects Committee – Discussion Regarding Possible Funding
Sources And Strategies That The City May Employ To Assist Condominiums In Our Community That
Are Burdened By Unit Owners Not Making Their Monthly Maintenance Payments. (Page
35)
(Requested by Commissioner Jerry Libbin)
C4E Referral To The Neighborhoods/Community Affairs Committee – Miami Beach Polling Place
Relocations. (Page 37)
(City Clerk’s Office)
C4F Referral To The Land Use And Development Committee – Discussion Regarding Trac Board
Recommendations To Make Land Development Application And Review Process More Transparent.
(Page 41)
(Requested by Commissioner Victor M. Diaz, Jr.)
Consent Agenda, June 3, 2009
iv
C4 - Commission Committee Assignments (Continued)
C4G Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding Application
For Round Two Of Neighborhood Stabilization Program (Foreclosure) Funds Which Is Due To HUD
By July 17, 2009. (Page 45)
(Real Estate, Housing & Community Development)
(Memorandum to be Submitted in the Supplemental)
C6 - Commission Committee Reports
C6A Report Of The Capital Improvement Projects Oversight Committee Meeting On May 4, 2009: 1)
Attendance; 2) Review And Acceptance Of Minutes; 3) Public Comments; 4) Consent Agenda Items
For Commission: A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An
Agreement With Parsons Brinckerhoff Americas For Professional Construction Engineering And
Inspection (CEI) Services Of The Water Main And Sanitary Sewer Mains, And Milling And
Resurfacing Improvements Along Indian Creek Drive Between 26th And 41st Streets; Pursuant To
Request For Qualifications 03-08/09 In The Amount Of $550,000.00 Out Of Which $136,000.00 To
Be Assigned From FDOT Funding Pursuant To A Joint Participation Agreement (JPA) Between The
City Of Miami Beach And FDOT And Subsequently Executed Per Resolution 2007-26694; And The
Remainder $414,000.00 To Be Allocated From Fund 423 2006 Gulf Breeze; And Further
Appropriating $55,000.00 In Contingency; 5) Old Business: 5a) CIP Project Status Report; CIP
Projects; Public Works-Managed Capital-Funded Projects; 5b) Construction Update: Normandy
Shores Neighborhood Improvement Project; 5c) Status Report: Venetian Island Neighborhood
Improvement Project; 5d) Status Report: Sunset Islands I & II; 5e) Status Report: 44th Street & Royal
Palm Avenue Drainage Improvements; 5f) Status Report: Normandy Shores Golf Course Clubhouse;
5g) I & I Report 6) Sub-Committee Meeting Reports; 6a) ITB Minimum Qualifications Sub-
Committee; 6b) Flood Mitigation Sub-Committee; 6c) Venetian Island Neighborhood Improvements
Sub-Committee; 7) Staff Action Report; 8) Calendar; 9) Adjournment. (Page 49)
C6B Report Of The Finance And Citywide Projects Committee Meeting On May 5, 2009: 1) Discussion Of
Proposed Line Of Credit; 2) Discussion Regarding Status, Design And Budget For The New World
Symphony Parking Garage And Park; 3) Little Stage Theater Operational Issues; 4) Discussion
Regarding A Concession Agreement With One Washington Avenue, Corp. For A Concession In
South Pointe Park Adjacent To The Smith & Wollensky Restaurant To Be Used As An Auxiliary
Dining Area; 5) Discussion Regarding Closing Older Liens Imposed By The City Of Miami Beach
Potential Amnesty And Or Collection Scenarios And Certain Procedural Changes To Improve The
Lien System; 6) Presentation By TCBA Watson Rice LLP Regarding Building Department
Organizational And Operational Review And Analysis; 7) Drainage Improvements On 44th And
Royal; 8) Altos Del Mar Sculpture Park Project; 9) Discussion Regarding Transitioning Certain
Operating Activity And The Associated Funding For The Bass Museum Of Art To The Friends Of The
Bass Museum, Inc.; 10) Discussion Regarding Funding Sources To Replenish The $50,000
Appropriated From The General Fund Unallocated Fund Balance; And 11) Update On South Pointe
Pier Project.
(Page 53)
Consent Agenda, June 3, 2009
v
C6 - Commission Committee Reports (Continued)
C6C Report Of The Neighborhoods/Community Affairs Committee Meeting On May 18, 2009: 1)
Discussion Regarding The Issue Of Dogs Off Leash In City Parks And Other Public Properties In
General; 2) Discussion Regarding The Potential Operational Issues Related To The Newly
Reconstructed South Pointe Park; 3) Discussion Regarding Amendments To The Graffiti Ordinance
As It Pertains To Acid Etched Glass; 4) Discussion On The City Of Miami Beach Draft Traffic Calming
Manual; 5) Discussion Regarding Potential Amendment To The Sidewalk Café Regulations,
Concerning The Storage Of Sidewalk Café Furniture; 6) Discussion Regarding The City Of Miami
Beach’s Proposed Substantial Amendment To The 2008 Action Plan As Required By The
Department Of Housing And Urban Development In Order To Receive Community Development
Block Grant Funds Included In The American Recovery And Reinvestment Act Of 2009; And 7)
Discussion Regarding An Ordinance Of The Mayor And City Commission Of The City Of Miami
Beach, Florida, Amending The Litter Provisions In Chapter 46 Of The City Code; By Amending The
Sections Relating To Definitions, Enforcement, And Fines And Penalties; Providing For Repealer;
Severability; Codification; And An Effective Date. (Page 65)
C7 - Resolutions
C7A A Resolution Authorizing The City Manager Or His Designee To Submit The Following American
Recovery And Reinvestment Act Of 2009 (ARRA) Applications For Funding: 1) The Administration
For Children And Families, Department Of Health & Human Services, Strengthening Communities
Fund – Non-Profit Capacity Building Program For The Provision Of Training, Consulting And
Technology Services To Improve Service Capacity Among The Miami Beach Service Partnership, In
An Amount Not To Exceed $750,000, And 2) The Energy Efficiency And Conservation Block Grant
Funds In The Amount Of $839,000; And Retroactive Approval To Apply For The Following Non-
ARRA Funded Grants: 1) National Endowment For The Humanities For Funding In An Amount Not
To Exceed $20,000 For The City’s Records Archiving Program; 2) Assistance To Firefighters
Program For Funding In An Amount Not To Exceed $171,000 For A Vehicle Exhaust System For Fire
Stations 1, 3, And The Repair Shop; And 3) Additional Funding In The Amount Of $28,508 In
Community Development Block Grant Disaster Relief Funding For The City’s Villa Maria Renovation
Project; Further Appropriating The Above Funds, If Approved And Accepted By The City, And
Authorizing The Execution Of All Necessary Documents Related To These Applications By The City
Manager Or His Designee. (Page 77)
(Budget & Performance Improvement)
C7B A Resolution Electing Commissioner ________________, Group ___, As Vice-Mayor For A Term
Commencing On July 1, 2009, And Terminating On October 31, 2009 Or On Such Date Thereafter
When A New Vice-Mayor Is Elected. (Page 87)
(City Clerk’s Office)
C7C A Resolution Authorizing The City Of Miami Beach To Submit An Application For Funding To The
U.S. Department Of Homeland Security On Behalf Of Mount Sinai Medical Center For The Storm
Surge Emergency Power Protection Project; Directing The City Manager To Sign All Corresponding
Documents For The Submission Of The Application; And Acknowledging The Retained Accountability
Consent Agenda, June 3, 2009
vi
By The City Of Miami Beach For Those Funds That Are Awarded To The Project. (Page 91)
(City Manager’s Office)
C7 - Resolutions (Continued)
C7D A Resolution Settling Various Liens On Properties In The City Of Miami Beach Pursuant To A
Discussion And Recommendation Of The Finance And Citywide Projects Committee On May 5,
2009.
(Page 109)
(City Manager’s Office)
C7E Sale & Service Of Alternative Fuel/Electric Automobiles In CPS-2 District
A Resolution Setting A Public Hearing To Consider A Proposed Amendment To The Land
Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142,
“Zoning Districts And Regulations,” Article II “District Regulations,” Division 18 “PS Performance
Standard District,” Amending Section 142-693(B) “Permitted Uses,” By Permitting Sales And
Accessory Service Of Alternative Fuel/Electric Automobiles Under Certain Specified Conditions In
That Portion Of The CPS-2 District Fronting On The North Side Of 5th Street. (Page 117)
(Planning Department)
C7F Commercial Rooftop Venues South Of 5th Street
A Resolution Setting A Public Hearing To Consider A Proposed Amendment To The Land
Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142,
“Zoning Districts And Regulations,” Article II “District Regulations,” Division 18 “PS Performance
Standard District,” Amending Section 142-693 “Permitted Uses,” By Restricting Or Prohibiting
Commercial Rooftop Venues South Of 5th Street. (Page 123)
(Planning Department)
C7G A Resolution Approving An Assignment Of The Non-Exclusive Franchise For Collection And Disposal
Of Solid Waste, As Well As Certain Recycling Services, From Davis Sanitation, Inc., As Assignor
(Davis), To Choice Environmental Services Of Miami, Inc, As Assignee (Choice); Said Franchise To
Choice As Approved By The City Pursuant To Resolution No. 2008-26923; Provided Further That
The City's Approval Of The Subject Assignment Is Subject To And Contingent Upon The Following:
1) That Davis And Choice Execute An Agreement Of Acceptance, In A Form Satisfactory To The City
Manager And City Attorney, Evidencing That Choice Accepts The Assignment Subject To Any And
All Of The Terms, Conditions And Limitations Imposed By The Franchise Agreement (As Approved
And Executed Pursuant To Resolution No. 2008-26923) And Subject To Compliance With All
Applicable Provisions Of The City's Solid Waste Ordinance, As Codified In Chapter 90 Of The Miami
Beach Code (And As Same May Be Amended From Time To Time); 2) That The Agreement Of
Acceptance Further Include An Affirmative Statement Affirming Choice's Intent To Fulfill The
Obligations Formally Imposed Upon Davis; 3) That The Agreement Of Acceptance Further Include A
Statement By Davis That, Notwithstanding The Approval Of The Assignment And Choice's
Acceptance, Davis Shall Guarantee The Performance Of Choice And Said Assignment Shall Always
Remain With Full Recourse To Davis, As Provided In Section 90-192(F) Of The City Code; And 4)
That, In Addition To The Franchise, Choice Agrees To Assume Any And All Terms, Conditions And
Obligations Of Davis, Pursuant To That Certain Separate Agreement Between The City And Davis
(And Running Commensurate With The Franchise) For The Provision Of Additional Public Waste
Collection And Disposal And Recycling Services. (Page 131)
(Public Works)
Consent Agenda, June 3, 2009
vii
C7 - Resolutions (Continued)
C7H A Resolution Authorizing The Appropriation Of $96,731 From The Balance Amount Of Fiscal Year
(FY) 2007/08 People's Transportation Plan (PTP) Funds For The FY 2008/09 Capital Budget; And Of
This Balance, $46,853 Will Be Appropriated For The Construction Of The Collins Avenue And 6th
Street Intersection Right-Of-Way (ROW) Improvements; And Further Appropriating $49,878 For The
Design And Engineering Of The 71st Street And Dickens Avenue Intersection Improvements.
(Page 147)
(Public Works)
C7I A Resolution Accepting A Quit Claim Deed From The 401BLU Of North Beach Condominium
Association, Inc., As The Owner Of The Property Located At 401 69th Street (401BLU North Beach
Condominium), For The Installation, Operation, Maintenance, Construction And Repair Of A Public
Bus Shelter, Foundation And Utilities To The Bus Shelter On Portion Of The Above Mentioned
Property. (Page 161)
(Public Works)
C7J 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) Approving A
Subordination Of The City’s $3.2 Million Interest/New Mortgage In Favor Of A $2 Million Mortgage
Being Made To MBCDC Development Corporation By The Florida Housing Finance Corporation
Special Housing Assistance And Development Program (SHADP); 2) Further Consenting, But Not
Subordinating, To MBCDC’s Loan And Recording Of A Mortgage From Miami-Dade County’s Surtax
Funds In The Amount Of $1 Million; And 3) Further Authorizing The City Manager To Execute Any
And All Documents To Effectuate The Aforestated Transactions. (Page 171)
(Real Estate, Housing & Community Development)
C7K A Resolution De-Accessioning The "Speed Love Seat” Sculpture Designed By The Artist Antoni
Miralda. (Page 179)
(Tourism & Cultural Development)
C7L A Resolution Approving An Allocation, In The Amount Of $137,000 From General Fund Account
011.0930; Said Allocation To Be Provided And Utilized By the Friends Of The Bass Museum, Inc.,
For The Purpose Of Funding Operating Expenses At The Bass Museum Of Art, Through September
30, 2009; And Further Authorizing The City Manager To Execute A Letter Agreement With The
Friends Of The Bass Museum Memorializing The Parties’ Respective Obligations With Regard To
Certain Management And Operation Responsibilities Of The Bass Museum Through September 30,
2009.
(Page 185)
(Tourism & Cultural Development)
C7M A Resolution Adopting And Appropriating An Amendment To The Parking Department Operating
Budget For Fiscal Year 2008/2009 In The Amount Of $286,272 For The Operation Of The 5th And
Consent Agenda, June 3, 2009
viii
Alton Garage And The Multi-Purpose Municipal Parking Facility To Be Funded From Parking Fund
480. (Page 191)
(Parking Department)
End of Consent Agenda