091209con_title 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
December 9, 2009
Mayor Matti Herrera Bower
Vice-Mayor Deede Weithorn
Commissioner Jorge Exposito
Commissioner Michael Góngora
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
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, December 9, 2009
ii
Presentations and Awards
PA1 Proclamation To Be Presented To The Florida Department Of Elder Affairs For Improving The
Life Of All Citizens. (Page 1)
(Requested By Mayor Matti Herrera Bower)
PA2 Certificates Of Completion To Be Submitted To The Graduates Of Academia De Liderazgo, The First
Spanish Leadership Academy.
(City Manager’s Office)
PA3 Proclamation To Be Presented To Miami Beach Fifth Grader Lexi Lehrman For Her Outstanding
Efforts To Raise More Than $25,000 For Breast Cancer Awareness.
(Requested by Commissioner Edward L. Tobin)
PA4 Certificates Of Appreciation To Be Presented To The Winners Of The City Of Miami Beach City
Government Week Poster Contest.
(Requested By Mayor Matti Herrera Bower)
PA5 Proclamation To Be Presented To Stuart Blumberg, Retiring President Of The Greater Miami & The
Beaches Hotel Association.
(Requested By Mayor Matti Herrera Bower)
PA6 Presentation On Disability Awareness Day, By Disability Access Committee Chairman David New.
(Requested By Mayor Matti Herrera Bower)
PA7 Key To The City To Be Presented To Daniel Nunez In Appreciation For His Military Service In The
U.S. Army National Guard.
(Requested by Commissioner Jerry Libbin)
PA8 Certificate Of Appreciation To Be Presented To Elizabeth Chaffari For Her Outstanding Community
Service To The Elderly Of Miami Beach.
(Requested By Commissioner Michael Góngora)
PA9 Certificate Of Appreciation To Be Presented To Liliana De Jarden For Her Outstanding Community
Service To The Elderly Of Miami Beach.
(Requested By Commissioner Michael Góngora)
PA10 Certificate Of Appreciation To Be Presented To Antonio Aces For His Outstanding Community
Service To The Elderly Of Miami Beach.
(Requested By Commissioner Michael Góngora)
Consent Agenda, December 9, 2009
iii
Presentations and Awards (Continued)
PA11 Certificate Of Appreciation To Be Presented To Maria Figueroa For Her Outstanding Community
Service To The Elderly Of Miami Beach.
(Requested By Commissioner Michael Góngora)
PA12 Certificate Of Appreciation To Be Presented To Magnolia Martinez For Her Outstanding Community
Service To The Elderly Of Miami Beach.
(Requested By Commissioner Michael Góngora)
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 - Competitive Bid Reports
C2A Request For Approval To Award A Contract To Sunset Sod, Inc., Pursuant To Invitation To Bid (ITB)
No. 46-08/09, For The Purchase, Delivery And Installation Of Sod, In The Estimated Annual Amount
Of $50,000.00. (Page 5)
(Parks & Recreation/Procurement)
C2B Request For Approval To Issue A Request For Proposals (RFP) For Investment Banking Services
For A Five-Year Period. (Page 13)
(Finance Department/Procurement)
C2C Request For Approval To Award A Contract To Enterprise Leasing Company, Pursuant To Invitation
To Bid (ITB) No. 51-08/09, For Rental/Lease Of Vehicles For The City Of Miami Beach, In The
Estimated Annual Amount Of $229,320. (Page 19)
(Police Department/Procurement)
C4 - Commission Committee Assignments
C4A Referral To The Finance And Citywide Projects Committee – Discussion Regarding Temporary
Storefront Signs. (Page 29)
(Requested by Commissioner Jerry Libbin)
C4B Referral To The Finance And Citywide Projects Committee - Discussion Regarding Property
Management Division Cost Savings Recommendation. (Page 31)
Consent Agenda, December 9, 2009
iv
(Requested by Vice-Mayor Deede Weithorn)
C4 - Commission Committee Assignments (Continued)
C4C Referral To The Sustainability Committee - Discussion Regarding A Proposal From Eco Batt To
Establish A Collection Site For Old Batteries Throughout The City. (Page 53)
(Requested by Commissioner Jerry Libbin)
C4D Referral To The Land Use And Development Committee - Discussion Of An Amendment To Section
142-902 Of The Land Development Regulations, To Permit Additional Accessory Uses In Buildings
Adjacent To, And Providing Access To A Public Baywalk. (Page 57)
(City Manager’s Office)
C4E A Referral To The Finance And Citywide Projects Committee A Discussion Regarding Amending And
Restating The City’s Bass Museum Agreement To Allow For Replacement Of The Museum’s Current
Board Of Trustees By A New Governing Entity, The Bass Museum Of Art, Inc., A Florida Not-For-
Profit Corporation. (Page 59)
(City Manager’s Office)
C4F Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding Amendments
To The Non-Profit Vendor Ordinance. (Page 61)
(Code Compliance)
C4G Referral To The Finance And Citywide Projects Committee To Discuss Franchise Hauler Status And
Options For The City Of Miami Beach. (Page 63)
(City Manager’s Office)
C6 - Commission Committee Reports
C6A Report Of Neighborhoods/Community Affairs Committee On October 7, 2009: 1) Discussion
Regarding The Naming Of A Portion Of 71st Street After Rosendo Rosell; 2) Discussion Regarding
The Miami-Dade County Homeless Trust’s Campaign To Use Refurbished Parking Meters In Miami
Beach In An Effort To Give People An Alternative To Giving Money To Panhandlers; 3) Discussion
Regarding The Byron Carlyle Theater; 4) Discussion Regarding A) A Proposal By Mr. And Mrs.
Probus (South Pointe Neighborhood Residents) For The Placement Of A Memorial Plaque In The
Dog Park In Memory Of Mrs. Probus’s Mother, In Conjunction With A Donation To The City By Mr.
And Mrs. Probus In The Amount Of $10,000, To Be Used For The Aforestated Improvements To The
Dog Park, And B0 The City’s Proposed Memorial Brick Walkway In The Dog Park; 5) Discussion
Regarding A Fundraising Event To Benefit The Arts (Mayor And Commissioner’s Ball). (Page 67)
Consent Agenda, December 9, 2009
v
C6 - Commission Committee Reports (Continued)
C6B Report Of The Land Use And Development Committee On October 26, 2009: 1) Discussion
Regarding TRAC Board Recommendations To Make Land Development Application And Review
Process More Transparent; 2) Referral To The Land Use And Development Committee To Discuss
The Challenging Parking Situation At South Pointe Park; 3) Discussion Regarding Variances For
Alcoholic Beverage Establishments - At The Request Of The Board Of Adjustments; 4) Referral To
The Land Use And Development Committee - Discussion Regarding The Portion Of SB 360 Recently
Adopted By The State Legislature On Building Permits; 5) An Ordinance Amending The Code Of The
City Of Miami Beach, By Amending Chapter 118, “Administration And Review Procedures,” Article 1,
“In General,” By Enacting A New Section 118-6, Entitled “Use Of, And Cost Recovery For,
Consultants For Applications For Development Approval,” Requiring Applicants Required To Submit
Traffic And Other Technical Reports As Part Of Their Applications To Fund Report Preparation By
Consultants Selected From A City-Approved List, In Addition To Any Consultant Reports The
Applicant Desires To Submit, And To Require Cost Recovery For City’s Use Of Consultants Needed
To Review Reports Submitted With Such Applications; Providing For Repealer; Codification;
Severability; And An Effective Date; 6) Referral To The Land Use And Development Committee -
Discussion Regarding The Possibility Of Making A Request To The Miami-Dade County Commission
To Adopt Some Short-Term Modification To The 40 Year Recertification Ordinance To Provide Relief
During These Economic Times; 7) Discussion Regarding Noise And Parking Issues Raised By Sonia
Navarro In Her Petition. (Page 77)
C6C Report Of The Finance And Citywide Projects Committee Meeting On October 29, 2009: 1)
Discussion Regarding The Potential Garage Project And Joint Venture In The Collins Park
Neighborhood; 2) Discussion Regarding The Implementation Of A Municipal Marketing (Corporate
Sponsorship) Program For The City; 3) Discussion Regarding Authorizing The City Manager, On
Behalf Of The City, To Enter Into Certain Independent Contractor Agreements Over $25,000; 4)
Recommendation To Approve A Management And Operation Agreement With Miami Design
Preservation League (MDPL) For The Miami Beach Ocean Front Auditorium At 1000 Ocean Drive In
Lummus Park; 5) Update On The City's Offer To Purchase An Easement From The Housing
Authority Of The City Of Miami Beach For The Proposed West Avenue Bridge; 6) A Discussion
Regarding A New Lease Agreement With SOBE Music Institute For The Carl Fisher Clubhouse And
Little Stage Theater; 7) Review And Discussion Of The Agreement For Shared Car Service With The
Hertz Corp – Update; 8) Discussion On The Changes To The Artist Vendor And Street Performers
(Rates).
(Page 81)
Consent Agenda, December 9, 2009
vi
C6 - Commission Committee Reports (Continued)
C6D Report Of The Capital Improvement Projects Oversight Committee Meeting On November 9, 2009: 1)
Attendance; 2) Review And Acceptance Of Minutes; 3) Public Comments: 3a) Discussion Item:
Proposed Changes To Biscayne Point Neighborhood ROW BODR; 4) Consent Agenda: Items For
Commission: 4a) A Resolution Approving And Officially Adopting The Basis Of Design Report
(BODR) For The Miami Beach Botanical Garden Project (Project) With Funding Provided From The
Previously Appropriated Series 2000 General Obligation Bond Fund 383; 4b) A Resolution
Approving And Authorizing The Mayor And The City Clerk To Execute Amendment No. 8 To The
Existing Professional Service Agreement With STA Architectural Group, Inc., For Additional Design,
Bid, And Construction Administration Services For The Rehabilitation Of The Historic Building, Hose
Tower, And New Construction On The Fire Station No. 2, Building A, And Hose Tower Projects; For
A Not To Exceed Amount Of $183,000; With Funding From The Fire Station No. 2 Project In The
Amounts Of $57,618 From The Pay-As-You-Go (Fund 302), $6,447 From The Capital Reserve -
Contingency (Fund 304), And $76,935 From The Capital Reserve - Design (Fund 304); And With
Funding From The Hose Tower Refurbishment Project In The Amounts Of $12,000 From The Pay-
As-You-Go (Fund 302) And $30,000 From The Capital Reserve - Design (Fund 304); 4c) A
Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Re-Allocation Of $950,000 In Un-Used Funds From The Citywide Pump Station
Landscaping Project, Fund 424-2516, To The Flamingo Right-Of-Way Neighborhood Improvements
Bid Package 10a Project; 5) Discussion Items: 5a) Status Report: Star Island Neighborhood Project –
Follow-Up; 5b) Sunset Islands III & IV Improvement Request; 6) Old Business: 6a) CIP Project Status
Report; 6b) Construction Update: Normandy Shores Neighborhood Improvement Project; 6c) Status
Report: Venetian Islands Neighborhood Improvement Project; 6d) Status Report: Sunset Islands I &
II; 6e) Status Report: Sunset Islands III & IV; 6f) Status Report: Royal Palm Avenue And 44th Street
Flooding Mitigation; 6g) Status Report: Palm & Hibiscus Island Undergrounding; 6h) Status Report:
Flamingo Neighborhood Improvement Project; 6i) Discussion Item: Sub-Committee Functions And
Organization; 7) Staff Action Report; 8) Calendar; 9) Adjournment. (Page 87)
C6E Report Of Neighborhoods/Community Affairs Committee On November 12, 2009: 1) Discussion
Regarding: A) A Proposal By Mr. Jonas Meyers And Ms. Carla Probus (South Pointe Neighborhood
Residents) For The Placement Of A Memorial Plaque In The Dog Park In Memory Of Ms. Probus’s
Mother, In The Amount Of $10,000 To Be Used For The Aforestated Improvements To The Dog Park
And B) The City’s Proposed Memorial Brick Walkway In The Park; 2) Discussion Regarding
Renaming And Restructuring The Safety Committee As The CERT Committee; 3) Discussion Of
Process Improvement And Management Studies; 4) Discussion Regarding Proposed Amendments
To Article XV “Street Performers And Artist Vendors”; 5) Sustainability Master Plan; 6) Discussion
Regarding An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 2 Thereof
By Creating Section 2-463 Entitled “Prohibition Of Certain Post-Service/Employment Relationships”
Prohibiting Certain Post-Service/Employment Activity Of City Elected Officials And City Employees
For A Period Of Two Years After Leaving City Service/Employment; Providing For Repealer,
Severability, Codification, And Effective Date; 7) Discussion Regarding An Ordinance Amending
Chapter 62 Of The City Code, Entitled, “Human Relations,” Amending Article II, Section 62-32
Therein, To Formally Name And Also Hereinafter Refer To The Provisions Of Said Article (And
Sections Thereto) As The “City Of Miami Beach Human Rights Ordinance;” Further Amending Article
II, Sections 62-31 Through 62-6, To Amend The Existing Provisions And, Where Noted, Creating
New Provisions Pertaining To The Procedures For Filing And Investigating Complaints, Mediation Of
Complaints, Hearing Procedures, And Penalties; And Providing Further For Codification, Severability,
And An Effective Date; 8) Discussion Regarding Considerations Relating To The Environmental
Consent Agenda, December 9, 2009
vii
Coalition Of Miami Beach (ECOMB) Lease Of A City-Owned Building Located At 210 2nd Street.
(Page 91)
C6 - Commission Committee Reports (Continued)
C6F Report Of The Finance And Citywide Projects Committee On November 16, 2009: 1) Update On
Building Development Process Fee Study; 2) Discussion Regarding The Implementation Of A
Municipal Marketing (Corporate Sponsorship) Program For The City; 3) A Discussion Regarding A
Lease Agreement With Immunity, Inc. A Computer Security Software Company, For Use Of The 7th
And 8th Floor Of Historic City Hall. (Page 103)
C6G Report Of The Capital Improvement Projects Oversight Committee Meeting On October 5, 2009: 1)
Attendance; 2) Review And Acceptance Of Minutes; 3) Public Comments: 3a) Discussion Item:
Proposed Changes To Biscayne Point Neighborhood Row BODR; 4) Consent Agenda: Items For
Commission: 4a) Request For Approval To Issue A Request For Qualifications (RFQ) For The
Preparation Of A New Citywide Comprehensive Stormwater Management Master Plan In The City Of
Miami Beach To Supersede The Existing Comprehensive Stormwater Management Program Master
Plan Developed By CH2MHILL In March 1997; 4b) Request For Approval To Issue A Request For
Qualifications (RFQ) For Design, Bid And Award, And Construction Administration Services, For The
Redesign Of The Par 3 Golf Course; 5) Referrals From Commission: 5a) C4b (Sept 9, 2009) Referral
To The CIP Oversight Committee To Discuss Flooding On Chase Avenue Between 34th And 37th
Streets; 6) Lessons Learned; Procedures; 7) Discussion Items: 7a) Sidewalk Coloration: “Miami
Beach Red” Vs. Grey Concrete; 7b) Concrete Pavers For Star Island Roadway; 8) Old Business; 8a)
CIP Project Status Report: CIP Projects; Public Works-Managed Capital-Funded Projects; 8b)
Construction Update: Normandy Shores Neighborhood Improvement Project; 8c) Status Report:
Venetian Islands Neighborhood Improvement Project; 8d) Status Report: Sunset Islands I & II; 8e)
Status Report: Sunset Islands III & IV; 8f) Status Report: Royal Palm Avenue And 44th Street
Flooding Mitigation; 8g) Status Report: Design-Criteria Package For Flamingo/West Avenue
Neighborhood Row; 8h) Discussion Item: Sub-Committee Functions And Organization; 9) Staff Action
Report; 10) Calendar; 11) Adjournment. (Page 107)
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit The
Following Grant Applications: 1) Emergency Food And Shelter Program For Funding In An Amount
Not To Exceed $40,000 For The City’s Rent Assistance Program; 2) Hazard Mitigation Grant
Program For Funding, In An Amount Not To Exceed $1,000,000 For Hurricane Protection For City
Facilities; 3) Florida Department Of State, Division Of Historical Resources, Small Matching Grant
Program, For Funds In An Amount Not To Exceed $10,000 For A Community Education Program On
The North Beach MIMO District; 4) Florida Department Of State, Division Of Historical Resources,
Small Matching Grant Program, For Funding In An Amount Not To Exceed $50,000 For The 28th
Street Obelisk Stabilization; And, Retroactively To: 5) Miami-Dade County Division Of Emergency
Medical Services In An Amount Not To Exceed $16,000 For The City’s Fire Rescue Objectives; 6)
Retroactively To The Miami Beach Visitor And Convention Authority For Funding In An Amount Not
To Exceed $30,000 For The Bass Museum’s Egyptian Gallery; And, 7) The State Of Florida Culture
Builds Florida Program, In An Amount Not To Exceed $25,000, For Sleepless Night 2010;
Appropriating The Above Funds, If Approved And Accepted By The City, And Authorizing The
Execution Of All Necessary Documents Related To These Applications. (Page 113)
(Budget & Performance Improvement)
Consent Agenda, December 9, 2009
viii
C7 - Resolutions (Continued)
C7B A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of
Proposals Pursuant To Request For Proposals (RFP) No. 12-09/10, For General Fund Revenue
Enhancement Study; Authorizing The Administration To Enter Into Negotiations With The Top-
Ranked Proposer, Willdam Financial Services; And Should The Administration Not Be Successful In
Negotiating An Agreement With The Top-Ranked Proposer, Authorizing Negotiations With The
Second-Ranked Proposer, Matrix Consulting Group; And Further Authorizing The Mayor And City
Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration
In The Estimated Amount Of $100,000. (Page 125)
(Budget & Performance Improvement/Procurement)
C7C A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of
Proposals Pursuant To Request For Proposals (RFP) No. 47-08/09, For Building Inspection, Plans
Review Services In Various Disciplines, And Permit Clerks To Provide Professional Services On An
“As-Needed Basis” And On An “On-Going Basis” For The Building Department; Authorizing The
Administration To Enter Into Negotiations With The Top-Ranked Proposers (Per Discipline): M.T.
Causley, Inc.; Nova Engineering And Environmental; Vertical Assessment Associates; And Cap
Government Inc.; And Further Authorizing The Mayor And City Clerk To Execute Agreements Upon
Conclusion Of Successful Negotiations By The Administration, In The Annually Estimated Amount Of
$300,000. (Page 135)
(Building Department/Procurement)
C7D A Resolution Approving And Authorizing The Mayor And The City Clerk To Execute Amendment No.
8 To The Existing Professional Service Agreement With STA Architectural Group, Inc., For Additional
Design, Bid, And Construction Administration Services For The Rehabilitation Of The Historic
Building, Hose Tower, And New Construction On The Fire Station No. 2, Building A, And Hose Tower
Projects; For A Not To Exceed Amount Of $183,000; With Funding From The Fire Station No. 2
Project In The Amounts Of $57,618 From The Pay-As-You-Go (Fund 302), $6,447 From The Capital
Reserve - Contingency (Fund 304), And $76,935 From The Capital Reserve - Design (Fund 304);
And With Funding From The Hose Tower Refurbishment Project In The Amounts Of $12,000 From
The Pay-As-You-Go (Fund 302) And $30,000 From The Capital Reserve - Design (Fund 304).
(Page 153)
(Capital Improvement Projects)
C7E A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Underground
Utility Easement To Florida Power And Light At The Normandy Shores Golf Course Club House For
The Installation And Maintenance Of Conduit And A Transformer That Will Serve The Club House.
(Page 163)
(Capital Improvement Projects)
Consent Agenda, December 9, 2009
ix
C7 - Resolutions (Continued)
C7F A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 4
To The Professional Architectural And Engineering (A/E) Services Agreement Between The City
Of Miami Beach, Florida And EAC Consulting, Inc. (EAC), For Additional Professional Services
Associated With The Storm Water System, And Modifications Along Stillwater Drive, In The Amount
Of $189,648, For The Biscayne Point Right Of Way Infrastructure Improvement Project; With Funding
From Storm Water Bonds Fund 428 For Design, In The Amount Of $113,984, Previously
Appropriated In The Fiscal Year (FY) 2003-2004 Capital Budget, And From G.O. Neighborhood
Improvement Bonds Fund 376 For Design, In The Amount Of $75,664, Previously Appropriated In
The FY 2002-2003 Capital Budget. (Page 173)
(Capital Improvement Projects)
C7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 5
To The Existing Professional Architectural And Engineering Services Agreement Between The City
Of Miami Beach, Florida, And EAC Consulting, Inc. (EAC), For Additional Design And Construction
Administration Services For The Modifications Along Stillwater Drive, In A Not To Exceed Amount Of
$75,664; For The Biscayne Point Right-Of-Way Infrastructure Improvement Project, With Funding
From G.O. Neighborhood Improvement Bonds Fund 376 For Design, In The Amount Of $75,664,
Previously Appropriated In The Fiscal Year 2002-2003 Capital Budget. (Page 187)
(Capital Improvement Projects)
C7H A Resolution Approving A Restated Settlement Agreement Between The School Board Of Miami-
Dade County, Florida (School Board) And The City Of Miami Beach Relative To A Joint Use
Agreement And A Construction Agreement Between The School Board And The City Of Miami Beach
Regarding Property Known As Polo Park. (Page 205)
(City Manager’s Office)
C7I A Resolution Ratifying The Acceptance Of A Donation Of $5,000 From Staples, Inc. For The Purpose
Of Supporting The City Of Miami Beach’s Youth Empowerment Network (YEN) To Enhance Its
Current Program; And Further Appropriating Said Funds For YEN. (Page 209)
(Community Services)
C7J A Resolution Accepting The Recommendation Of The City Manager Pursuant To Request For
Proposals (RFP) No. 53-08/09, For A Multi-Service Kiosk System With An Automated Commerce
Machine (ACM); Authorizing The Administration To Enter Into Negotiations With Pay-Ease; And
Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Completion Of
Successful Negotiations By The Administration. (Page 215)
(Finance/Procurement)
Consent Agenda, December 9, 2009
x
C7 - Resolutions (Continued)
C7K A Resolution Accepting The Recommendation Of The City Manager Pursuant To Request For
Proposals (RFP) No. 54-08/09, For Claims Administration Services For The City Of Miami Beach
Self-Insured Workers' Compensation Program; Authorizing The Administration To Enter Into
Negotiations With The Top-Ranked Firm Of Johns Eastern Company, Inc., And Should The
Administration Not Be Able To Negotiate An Agreement With The Top-Ranked Firm, Authorizing The
Administration To Negotiate With The Second-Ranked Firm Of Employers Mutual, Inc.; And Further
Authorizing The Mayor And City Clerk To Execute An Agreement Upon The Completion Of
Successful Negotiations By The Administration. (Page 223)
(Human Resources/Procurement)
C7L Appointment of Chief Special Master (Page 231)
1. A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Approving And Appointing, Pursuant To Section 102-356 Of The City Code, Chief Special
Master Abraham Laeser, (Appointed Chief Special Master Pursuant To Resolution No.
______________) As The “City Manager’s Designee” As Defined Under Section 102-356 Of
The City Code; Said Designation Commencing With Chief Special Master Laeser’s Term As
Chief Special Master On December 9, 2009, And Ending On March 4, 2010.
2. A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Accepting The Recommendation Of The City Manager, Pursuant To Section 30-36 Of The
Code Of The City Of Miami Beach, Concerning The Appointment Of Abraham Laeser, Esq.,
To Serve As Chief Special Master For The City Of Miami Beach, Effective December 9, 2009
And Continuing Through The Remainder Of The Term Which Commenced On September 5,
2009, And Ends On March 4, 2010; Provided Further That Chief Special Master Abraham
Laeser 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 He
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.
(City Clerk’s Office)
C7M A Resolution Amending Resolution No. 2003-25306 Which Established The Current Schedule Of
User Fees For Various Parks And Recreation Programs And Services, Facility Admissions And
Rentals And Other Related Activities; By Amending The Pools Party Rental Fee To Enable Income
Eligible Miami Beach Residents To Receive A Waiver For Up To 100% Of The Established Fifty
Dollar ($50.00) Rental Fee At The Normandy Isle And Flamingo Park Pools, As Set Forth In
“Attachment 1” Hereto; Further Establishing That The Waiver Shall Be A Refundable Fifty Dollar
($50.00) Rental Deposit (Not Including Staffing Costs), And The Amount Of The Waiver Is
Determined Based On The City’s Parks And Recreation Department’s Approved Verification Process
For Scholarships/ Fee Waivers, As Delineated In “Attachment 2” Hereto. (Page 241)
(Parks & Recreation)
Consent Agenda, December 9, 2009
xi
C7 - Resolutions (Continued)
C7N Setting A Public Hearing: Fee-In-Lieu Of Providing Parking
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 130, “Off-
Street Parking,” Article V, “Parking Impact Fee Program,” Clarifying That This Is A Fee In-Lieu Of
Providing Parking, And Permitting More Flexibility In The Use Of Fees Collected By The City As Part
Of This Program By Allowing Funds Collected By This Program To Be Used For Alternative
Transportation And Mobility Projects In Addition To Construction Of Parking Garages; Providing For
Codification, Repealer, Severability And An Effective Date. (Page 251)
(Planning Department)
C7O A Resolution Authorizing The City Manager And City Clerk To Execute A Memorandum Of
Understanding Between The City Of Miami Beach, On Behalf Of The Miami Beach Police
Department, And The Federal Bureau Of Investigation, South American Theft Group Safe Streets
Task Force, For The Purpose Of Identifying, Apprehending And Prosecuting Individuals Involved In
Inter-State Transportation Of Stolen Property, Theft From Inter-State Shipment, Hobbs Act Violations,
Racketeering Influenced Corrupt Organizations And Other Federal, State And Local Violations.
(Page 255)
(Police Department)
C7P A Resolution Authorizing The City Manager, And City Clerk To Execute A Mutual Aid Agreement With
The Miami-Dade County, Florida, For The Purpose Of Coordinating Law Enforcement Planning,
Operations, And Mutual Aid Benefit. (Page 259)
(Police Department)
C7Q A Resolution Setting A Public Hearing To Consider Revocable Permit Request By The Fresh Market,
Located At 1800 West Avenue, To Retain As Designed Two (2) Architectural Elements (Canopies)
That Project Over And Into The Public Right Of Way At A Minimum Horizontal Dimension Of Four
Feet, Eleven Inches (4’11”) At Sixteen Feet (16’) Above West Avenue Finish Sidewalk Grade, To A
Maximum Horizontal Dimension Of Seven Feet, One Inch (7’-1”) At Fifty-Five Feet (55’) Above West
Avenue Finish Sidewalk Grade, The Projected Encroachments Will Not Extend Into Or Over The
West Avenue Road Way. (Page 263)
(Public Works)
C7R A Resolution Setting A Public Hearing To Consider Revocable Permit Request By The Betsy Ross
Owner LLC, Owner Of The Betsy Hotel Southbeach Located At 1440 Ocean Drive, To Retain A Built
Pre-Fabricated Canvas Awning That Extends Approximately Fourteen Feet, Three Inches (14’-3”)
Over And Into The Public Right Of Way With A Minimum Vertical Height Of Seven Feet, Six Inches
(7’-6”) As Measure From The Finished Sidewalk Grade. (Page 269)
(Public Works)
C7S A Resolution Granting And Authorizing The Mayor And City Clerk To Execute A Revised Perpetual
Consent Agenda, December 9, 2009
xii
Utility Easement To Florida Power & Light (FPL) To Provide Electrical Service For The Construction
Of The Replacement Feeder Vault On The Site Of The New World Symphony Project. (Page
275)
(Public Works)
C7 - Resolutions (Continued)
C7T A Resolution Setting A Public Hearing On January 13, 2009 For The City Commission To Consider
The Modification Of The New World Symphony Master Plan For Closing Vehicular Access On The
Extension Of Drexel Avenue From Lincoln Road North To 17th Street; And Further Setting A Public
Hearing To Obtain Public Comment Regarding A Request By The City Of Miami Beach To Miami-
Dade County Public Works For The Consideration Of Traffic Flow Modifications On Drexel Avenue,
Between Lincoln Road And 17th Street, As Required By The Miami-Dade Public Works Traffic Flow
Modification / Street Closure Procedures. (Page 281)
(Public Works)
C7U A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Request For
Qualifications (RFQ) No. 63-08/09, For Real Estate Broker To Service Leaseable City Owned
Properties; And Authorizing The Administration To Enter Into Negotiations With The Top-Ranked
Firm, Koniver Stern Group; Should The Administration Not Be Able To Successfully Negotiate An
Agreement With The Top-Ranked Firm, Authorizing The Administration To Negotiate With The
Second-Ranked Firm, NAI Miami Commercial Real Estate Services Worldwide, Inc.; And Further
Authorizing The Mayor And City Clerk To Execute An Agreement, Upon Conclusion Of Successful
Negotiations. (Page 287)
(Real Estate, Housing & Community Development/Procurement)
C7V A Resolution Setting A Public Hearing Pursuant To Miami Beach City Code Section 118-563, To
Consider Granting A Certificate Of Appropriateness For The Demolition Of The Boys & Girls Club
Structure, Located At 1200 Michigan Avenue. (Page 331)
(Real Estate, Housing & Community Development)
C7W A Resolution Approving A Consent To Assignment And Assumption Of Lease Agreement And A First
Amendment To That Certain Lease Agreement By And Between The City And Roma Waxing, Inc.,
Dated July 15, 2009, For The Lease Of 1,290.59 Square Feet Of City-Owned Property, Located At
1701 Meridian Avenue, Unit 3 (A.K.A. 771 17th Street), Miami Beach, Florida, Which Provides For
Roma Waxing, Inc. (As Tenant/Assignor) To Assign Its Leasehold Interest To SB Waxing, Inc. (As
The New Tenant/Assignee); Further Authorizing The Mayor And City Clerk To Execute Same.
(Page 335)
(Real Estate, Housing & Community Development)
C7X A Resolution Ratifying The Acceptance Of One Hundred Fifty Seven Thousand Five Hundred Dollars
($157,500) In Cash Donations (Including Sponsorships) Made To The City For Sleepless Night 2009,
A Free Citywide Arts And Cultural Event; And Further Appropriating Said Funds For Sleepless Night.
(Page 345)
(Tourism & Cultural Development)
Consent Agenda, December 9, 2009
xiii
C7Y A Resolution Approving And Authorizing The Appropriation Of A Donation From The Ocean Drive
Association In An Amount Not To Exceed $50,432 Toward Support Of The City’s Costs For 2009-
2010 New Year’s Celebration. (Page 351)
(Tourism & Cultural Development)
C7 - Resolutions (Continued)
C7Z A Resolution Approving Amendment No. 1 To The Agreement Between The City Of Miami Beach
And Live Nation Worldwide, Inc., Dated June 22, 2007, For The Jackie Gleason Theater Of The
Performing Arts Allowing For A Trial Period Where Live Nation Would Be Permitted To Extend Hours
Of Operation And Liquor Sales With Certain Conditions. (Page 355)
(Tourism & Cultural Development)
C7AA A Resolution Authorizing The Administration To Issue A Purchase Order To Physio Control, Inc. In
The Amount Of $193,461.09, As The Sole Source Provider Of The Lifepak 15 Monitor/Defibrillator
For Eight (8) Lifepak 15 Monitor/Defibrillators To Be Placed On Eight Fire Department Advanced Life
Support Response Units That Are Currently Using An Older Lifepak 12 Model. (Page 363)
(Fire Department)
C7BB A Resolution Approving A Short-Term Lease Agreement Between The City Of Miami Beach, As
Tenant, And Meridian Center LLC, As Landlord, For The Property Comprising Of Approximately
8,300 Square Feet Located At 1680 Meridian Avenue, Miami Beach, Florida, To Be Used By The City
For Administrative Offices For The City’s Fire Department, For A Term Not To Exceed Eight (8)
Months, Commencing On February 1, 2010, And Ending On Or Before September 30, 2010; And
Further Authorizing The Mayor And City Clerk To Execute The Short-Term Lease Agreement. (Page
369)
(Real Estate, Housing & Community Development)
End of Consent Agenda