09242009 Regular Agenda TitlesSpecial City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 24, 2009
Mayor Matti Herrera Bower
Vice-Mayor Victor M. Diaz, Jr.
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 Miami Beach City Code Chapter 2, Article VII, Entitled “Standards Of
Conduct”; Amending Section 2-482, Entitled “Registration”; Amending Section 2-482(a) And 2-482(f)
Thereof, To Respectively Increase The “Per Issue” And Annual Lobbyist Registration Fees; And Also
Amending Appendix “A” Thereto, Entitled “Fee Schedule”; Providing For Repealer, Severability, And
An Effective Date. 5:05 p.m. Second Reading Public Hearing (Page 21)
(City Clerk’s Office)
(First Reading on September 10, 2009)
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 North Of 23rd Street; Providing For Codification, Repealer,
Severability, And An Effective Date. 5:05 p.m. Second Reading Public Hearing (Page
27)
(Parking Department)
(First Reading on September 10, 2009)
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 24, 2009
R5 - Ordinances (Continued)
R5C Stormwater Utility Service Charge
An Ordinance Amending Chapter 110 Of The Miami Beach City Code, Entitled “Utilities;” Amending
Article III Thereof, Entitled “Stormwater Utility;” Amending Section 110-109 Thereof Entitled
“Stormwater Utility Fees,” By Amending Appendix A Thereto Entitled “Fee Schedule,” To Increase
The Stormwater Utility Service Charge Imposed By The City As Of October 1, 2009; Providing For
Codification, Repealer, Severability, And An Effective Date. 5:05 p.m. Second Reading Public
Hearing (Page 33)
(Public Works)
(First Reading on September 10, 2009)
R5D Water & Sanitary Sewer Service Charge
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”; By Amending Section 110-168 (C) Thereof, Entitled
“Sanitary Sewer Service Charge,” To Provide Additional Sanitary Sewer Service Charge Fees; And
Also Amending Appendix A To Chapter 110, Entitled “Fee Schedule” To Increase The Water Rates
And Sanitary Sewer Service Charges Imposed By The City Pursuant To Sections 110-166 (a) And
(b), 110-168 (a), And Providing A Submetering Fee In Section 110-170(A); Amending Section 110-
170 To Be Entitled “Submetering” To Create Provisions For Submeters; Providing For Codification,
Repealer, Severability, And An Effective Date Of October 1, 2009. 5:05 p.m. Second Reading
Public Hearing (Page 41)
(Public Works)
(First Reading on September 10, 2009)
R5E Nonprofit Vendors Application Fee
An Ordinance Amending Chapter 86 Of The Miami Beach City Code Entitled “Sales,” By Amending
Article III Thereof, Entitled “Nonprofit Vending And Distribution,” By Amending Division 2, Entitled
“Permit,” By Amending Section 86-173, Entitled “Processing Fee,” To Add A $100.00 Permit
Application Fee; Providing For Repealer, Severability, Codification, And An Effective Date.
5:05 p.m. Second Reading Public Hearing (Page 53)
(Finance Department)
(First Reading on September 10, 2009)
R5F Business Tax Application Fee
An Ordinance Amending Chapter 102 Of The City Code, Entitled “Taxation,” By Amending Article V
Therein, Entitled “Local Business Tax,” Amending Section 102-379 Therein, Entitled “Schedule Of
Taxes, Effective October 1, 2005”; Said Amendment Providing For A $25.00 Business Tax Receipt
Application Fee; Providing For Repealer, Severability, Codification, And An Effective Date. 5:05 p.m.
Second Reading Public Hearing (Page 61)
(Finance Department)
(First Reading on September 10, 2009)
Regular Agenda, September 24, 2009
R7 - Resolutions
R7A1 Resolution Adopting: 1) The Final Ad Valorem Millage Of 5.6555 Mills For General Operating
Purposes, Which Is Fourteen And Two Fifth Percent (14.4%) Less Than The "Rolled-Back" Rate Of
6.6107 Mills; And 2) The Debt Service Millage Rate Of 0.2568 Mills For Fiscal Year (FY) 2009/10.
5:01 p.m. Second Reading Public Hearing (Page 71)
(Office of Budget & Performance Improvement)
(First Reading on September 10, 2009)
R7A2 Resolution Adopting Final Budgets For The General, G.O. Debt Service, RDA Ad Valorem Taxes,
Enterprise, And Internal Service Funds For Fiscal Year 2009/10. 5:01 p.m. Second Reading Public
Hearing (Page 83)
(Office of Budget & Performance Improvement)
(First Reading on September 10, 2009)
R7B1 Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood
Improvement District Adopting The Final Ad Valorem Millage Of 0.8567 Mills For Fiscal Year (FY)
2009/10 For The Normandy Shores Local Government District, Which Is Two And Four- Fifth Percent
(2.8%) Less Than The “Rolled-Back” Rate Of 0.8817 Mills. 5:02 p.m. Second Reading Public
Hearing (Page 107)
(Office of Budget & Performance Improvement)
(First Reading on September 10, 2009)
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) 2009/10.
5:02 p.m. Second Reading Public Hearing (Page 113)
(Office of Budget & Performance Improvement)
(First Reading on September 10, 2009)
R7C A Resolution Adopting The Annual Fiscal Year (FY) 2009/10 Appropriation For The Capital Renewal
And Replacement Fund Budget, In The Amount Of $2,026,707. (Page 119)
(Budget & Performance Improvement)
R7D A Resolution Adopting And Appropriating The City Of Miami Beach Capital Budget For Fiscal Year
2009/10 And The Capital Improvement Plan For Fiscal Years 2009/10-2013/14. Joint City
Commission and Redevelopment Agency (Page 127)
(Budget & Performance Improvement)
R7E A Resolution Adopting Fiscal Year (FY) 2009/10 Budgets For Special Revenue Funds For Resort
Tax; The 7th Street Parking Garage Operations; City’s Share Of The Shortfall Contribution
Requirement For The 5th & Alton Parking Garage Operations; Art In Public Places (AiPP), And The
Information And Communications Technology Fund - Debt Service. (Page 139)
(Budget & Performance Improvement)
Regular Agenda, September 24, 2009
R7 - Resolutions (Continued)
R7F A Resolution Authorizing The Administration To Charge Customers $75 For An Online Lien Search,
$113 For A Condominium Online Lien Search, $100 For A Certified Lien Search And $150 For A
Certified Condominium Lien Search. (Page 147)
(Finance Department)
R7G A Resolution Amending Resolution 2008-26909, Subject To And Effective Upon Approval By Miami-
Dade County, Increasing The Present Fire Rescue Transport Fees From $330 To $358.67 For Basic
Life Support, From $380 To $425.93 For Advanced Life Support 1, And From $490 To $616.47 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 153)
(Fire Department)
R7H A Resolution Authorizing The Appropriation Of $1,159,467 From The Fiscal Year (FY) 2008/09
People's Transportation Plan (PTP) Funds, $18,320 From The FY 2009/10 Concurrency Mitigation
South Beach Funds, To Fund Local Circulators In Miami Beach; Further Appropriating $157,735
From FY 2008/09 PTP Funds For Administrative And Technical Operating Expenditures, As Part Of
The 5% Of Administrative Assistance Allowable For PTP Expenditures And As Part Of The 4% Of
Technical Assistance Allowable For PTP Expenditures; And Further Appropriating $100,000 From FY
2008/09 PTP Funds For Transit Planning Studies For The Coastal Communities Transit Study
Projects. (Page 157)
(Public Works)
R7I A Resolution Adopting The Miami Beach Cultural Arts Council’s Fiscal Year 2009/10 Budget In The
Amount Of $1,106,300. (Page 169)
(Tourism & Cultural Development)
R7J 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
2009/10, 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 Fiscal Year 2009/10.
(Page 175)
(Tourism & Cultural Development)
R7K A Resolution Adopting And Approving The Miami Beach Visitor And Convention Authority (VCA) FY
2009/10 Budget, In The Amount Of $1,596,640. (Page 183)
(Tourism & Cultural Development)
Regular Agenda, September 24, 2009
R7 - Resolutions (Continued)
R7L A Resolution Approving An Allocation, In The Amount Of $512,000, From FY 2009/10 General Fund
Account No. 011.0930; Said Allocation To Be Provided To And Utilized By The Friends Of The Bass
Museum, Inc. For The Purpose Of Continuing To Fund (And Provide) Certain Operating Expenses At
The Bass Museum Of Art, Through September 30, 2010; And Further Authorizing The City Manager
To Execute A New Letter Agreement With The Friends Of The Bass Museum, Inc., Memorializing
The Parties’ Respective Obligations With Regard To The Friends Management And Operation
Responsibilities At The Bass Museum (Through September 30, 2010). (Page 189)
(Tourism & Cultural Development)
R7M A Resolution Approving The Substantive Terms, As Set Forth In That Certain Term Sheet Attached
As Exhibit "A" To This Resolution, To The New Agreement Between The City And The GMCVB,
Which Agreement Shall Be For A Five(5) Year Term, Commencing On October 1, 2009, And Ending
On September 30, 2014; Further Authorizing The City Manager To Negotiate The Final Agreement
With The GMCVB And, If Successful, Approving And Authorizing The Mayor And City Clerk To
Execute The Agreement, Subject To And Contingent Upon The Following Conditions: 1.) Except For
The Inclusion Of The New Substantive Terms In The Attached Term Sheet, As Well As Any Other
Prior Negotiated Terms Which May No Longer Be Applicable, The New Agreement Shall Be In
Substantially The Same Form, Including, Without Limitation, Incorporating The Same Standard
Minimum Terms And Conditions Safeguarding The City, As The Prior (I.E. 2004-2009) City-GMCVB
Agreement; 2.) The Final Version Of The New Agreement Shall Be Subject To Review And Sign Off
By The City Manager And Subject To Form Approval By The City Attorney; And 3.) In The Event That
The City And GMCVB Deem It Necessary To Include Any New Substantive Terms (Which Are Not
Contained In The Attached Term Sheet), Then, Prior To Finalizing The Agreement, The City Manager
Shall Be Required To Report Same To The City Commission. (Page 201)
(Tourism & Cultural Development)
Regular Agenda, September 24, 2009
R7 - Resolutions (Continued)
R7N Independent Contractor Agreements (Page 251)
1. A Resolution Authorizing The City Manager, On Behalf Of The City, To Enter Into Certain
Independent Contractor Agreements For Professional And Other Services, As Required And
As The City Manager Deems In The Best Interest Of The City, Subject To And Contingent
Upon The Following Parameters: 1) The City Manager Shall Only Enter Into Contracts For
Such Professional And Other Services To Provide Services And/Or Work Related To Vacant
Budgeted Positions, As Identified In The City’s Approved Fiscal Year (FY) 2009/2010 Annual
Budget; 2) The Amount Of The Fee And/Or Other Compensation To Be Paid By The City
Under Such Contract(s) Shall Not Exceed The Authorized Amount For The Respective
Position/Classification, As Set Forth, Respectively, In The City’s Classified Or Unclassified
Salary Ordinance (As The Case May Be); 3) The Term Of Any Independent Contractor
Agreement Authorized Herein Shall Not Extend Beyond The End Of FY 2009/2010
(September 30, 2010); 4) At A Minimum, The City Manager Shall Require That Any
Independent Contractor Agreement Entered Into Pursuant To This Resolution Shall Utilize
The City’s Standard Form For Independent Contractors (As Attached To This Resolution),
Provided That The City Manager May Incorporate Additional Terms, Which May Be More
Stringent Than The City’s Form, But Not More Lenient; And 5) Providing That The Authority
Granted To The City Manager Pursuant To This Resolution Shall Be Brought To The City
Commission For Renewal Annually As Part Of The Annual Operating Budget Approvals.
2. A Resolution Authorizing The City Manager, On Behalf Of The City, To Enter Into Certain
Independent Contractor Agreements For The Following Services, As Required And As The
City Manager Deems In The Best Interest Of The City: Dance Instruction; Ice Skating
Instruction; Athletics Instruction/Coaching; Aerobics Instruction; Fitness Instruction; Literacy,
Math And S.A.T. Tutoring; School Liaison Officers; Television Production Services;
Videographer Services; Graphic Designer Services; Program Monitor Services; And
Auditors; Provided Further That The City Manager Shall Be Authorized To Negotiate, Enter
Into, And Execute The Aforestated Agreements Subject To The Following Minimum
Parameters: 1) The Amount Of The Fee And/Or Other Compensation To Be Paid By The City
Under Such Agreement(S) Shall Not Exceed The Authorized Amount For The Respective
Services, As Set Forth In The City’s Approved Fiscal Year (FY) 2009/2010 Annual Budget; 2)
The Term Of Any Services Agreement Authorized Herein Shall Not Extend Beyond The End
Of FY 2009/2010 (September 30, 2010); 3) At A Minimum, The City Manager Shall Require
That Any Agreement Entered Into Pursuant To This Resolution Shall Utilize The City’s
Standard Form Independent Contractor Agreement (As Attached To This Resolution),
Provided That The City Manager May Incorporate Additional Terms, Which May Be More
Stringent Than The City’s Form, But Not More Lenient; And 4) Providing That The Authority
Granted To The City Manager Pursuant To This Resolution Shall Be Brought To The City
Commission For Renewal Annually As Part Of The Annual Operating Budget Approvals.
(Human Resources)
End of Regular Agenda