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June 9 con titlesConsent Agenda, June 9, 2010 City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive June 9, 2010 Mayor Matti Herrera Bower Vice-Mayor Jerry Libbin Commissioner Jorge Exposito Commissioner Michael Góngora 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. 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. 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 Consent Agenda, June 9, 2010 Presentations and Awards PA1 Certificate Of Appreciation To Be Presented To AETNA Foundation For Obesity Prevention. (Page 3) (Requested by Mayor Matti Herrera Bower) (Deferred from April 14, 2010) PA2 Certificate Of Recognition To Be Presented To Christina Diaz Gonzalez, Author Of “The Red Umbrella,” A Children’s Book That Recounts Operation Pedro Pan, Which Had A Lasting Effect On The Lives Of Thousands Of Cuban Children Who Fled To The U.S. Fifty Years Ago. (Requested by Commissioner Jorge Exposito) PA3 Proclamation To Be Presented In Recognition Of National Travel & Tourism Week, And A Presentation On The State Of The Tourism Industry By The Greater Miami Convention & Visitors Bureau President And CEO William Talbert. (Requested by Mayor Matti Herrera Bower) PA4 Certificate Of Appreciation To Be Presented To Vincent Andreano For His Years Of Service To The City Of Miami Beach. (Requested by Jorge M. Gonzalez & Mayor Matti Herrera Bower) PA5 Proclamation To Be Presented In Honor Of Code Officers Appreciation Week. (Requested by Jorge M. Gonzalez & Mayor Matti Herrera Bower) PA6 Proclamations And Certificates Of Recognition To Be Presented To Mathew Weithorn And Rachel Grosz, Miami Beach’s Only Student Athletes And Their Coaches For Being Honored By Dade Schools Athletic Foundation. (Requested By Commissioner Michael Góngora) PA7 Proclamation To Be Presented To Happy Kids Child Care & Preschool For Becoming The First Green School In Miami Beach By Obtaining Certification From The National Green School Coalition. (Requested By Commissioner Michael Góngora) PA8 Certificate Of Recognition To Be Presented To Tamra Sheffman, For Her Participation In The Air Race Classic 2010. (Requested by Vice-Mayor Libbin) PA9 Certificate Of Recognition To Be Presented To Rebecca Ritter, For Her Participation In The Air Race Classic 2010. (Requested by Vice-Mayor Libbin) Consent Agenda, June 9, 2010 CONSENT AGENDA Action: Moved: Seconded: Vote: C2 - Competitive Bid Reports C2A Request For Approval To Purchase One (1) 2010 Ford F-150 4x4, One (1) 2011 Ford F-250 4x4, One (1) 2010 Ford E-350 Twelve (12) Passenger Van And Eight (8) 2010 Ford Explorer, From Duval Ford, Pursuant To Florida State Contract No.09-17-0908, In The Amount Of $260,651 Two (2) 2010 Ford Transit Connect, From Garber Ford Mercury, Inc. Pursuant To Florida State Contract No. 09-17- 0908, In The Amount Of $47,727. (Page 7) (Fleet Management) C2B Request For Approval To Award Contracts To Paper Solutions, Inc. (D/B/A Partek Solutions), And Print Media Corporation, Pursuant To Invitation To Bid (ITB) No. 27-09/10, For The Purchase And Delivery Of Multi-Space Parking Pay Station Receipt Paper, In The Estimated Annual Amount Of $50,000. (Page 13) (Parking Department) C2C Request For Approval To Award A Contract To Vila & Son Landscaping Corp. As Primary Vendor For Groups A, B And C; And As Secondary Vendors: Southern Landscaping Enterprises, Inc. For Group A, SFM Services, Inc. For Group B, And Superior Landscaping For Group C; Pursuant To Invitation To Bid (ITB) No. 20-09/10 For Grounds Maintenance Services For The Northshore/Washington Avenue Areas, In The Estimated Annual Amount Of $254,033.90; And Further Authorize The Administration To Add Service Visits Or Litter Control Services As May Be Required For Special Events, Or Other Needs. (Page 17) (Procurement/Parks & Recreation) C2D Request For Approval To Award A Contract To AAA Automated Door Repair, Inc., Pursuant To Invitation To Bid No. 33-09/10, For The Installation Of The Access Control System For The Multipurpose Municipal Parking Facility Tenant Build-Out, In The Amount of $32,574.31, To Be Paid From The Parking Operating Fund 480 For Construction Previously Appropriated In The Capital Budget. (Page 25) (Procurement/Capital Improvement Projects) C2E Request For Authorization To Issue A Request For Proposals (RFP) For The Acquisition Of An Automated Vehicle Locator (AVL) System. (Page 31) (Procurement/Building/Code Compliance/Fleet/Parking) C2F Request For Approval To Award Contracts To Enterprise Electrical Contracting, Inc. As Primary Vendor, And R & D Electric, Inc. As Secondary Vendor, Pursuant To Invitation To Bid (ITB) No. 29- 09/10, For Parking Lots Utility Maintenance, In The Estimated Annual Amount Of $39,000. (Page 39) (Procurement/Public Works) Consent Agenda, June 9, 2010 C4 - Commission Committee Assignments C4A Referral To The Finance And Citywide Projects Committee To Review And Discuss A Land Exchange And Development Agreement Among Miami-Dade County, The City Of Miami Beach And South Beach Heights II; Involving The Properties At 615 Collins Avenue (P.E.T. Center), 710 Alton Road (Miami Beach Health Center) And 745 Alton Road (Vacant Private Land). (Page 45) (City Manager’s Office) C4B Referral Of The Neighborhoods/Community Affairs Committee To Review And Discuss An Amendment To The Code Of The City Of Miami Beach, Florida; Amending Chapter 2, Article VIII, Division 3 Entitled “Lobbyists.” (Page 47) (City Clerk’s Office) C4C Referral To The Finance And Citywide Projects Committee – Amendment To City’s Cone Of Silence Ordinance. (Page 49) (Mayor / City Attorney’s Office) C4D Referral To The Land Use And Development Committee – Discussion And Review Of The Current CMB Ordinance Regarding Signage Size And Neon Signage In Regards To Lincoln Road And Washington Avenue Signage District. (Page 51) (Requested by Commissioner Michael Góngora) C4E Referral To The Sustainability Committee – Discussion On EcoMedia In Regards To Establishing An EcoZone Miami Beach Program That Provides Funds To Support The City’s Sustainability Initiatives At No Additional Cost To Taxpayers. (Page 53) (Requested by Commissioner Michael Góngora) C4F Referral To The Land Use And Development Committee – Discussion Regarding Possible Locations For Tennis Courts For The Use Of Beach High Students. (Page 55) (Requested by Commissioner Deede Weithorn) C6 - Commission Committee Reports C6A Report Of The Neighborhoods/Community Affairs Committee Meeting On April 6, 2010: 1) Discussion Regarding An Amendment To The Flamingo Park Master Plan Relative To The Tennis Center Facility; 2) Discussion Regarding A Report From The Transparency, Reliability, Accountability Committee; 3) Discussion Regarding The Placement Of A Plaque At The Flamingo Park Tennis Facility Commemorating Mr. Jerry Moss And His Tremendous Contribution To Tennis On Miami Beach; And 4) Discussion Regarding Miami Beach Youth Camps And The Different Ages Served By These Camps As Well As Programs Available For Children With Disabilities. (Page 59) (Deferred from May 12, 2010) Consent Agenda, June 9, 2010 C6 - Commission Committee Reports (Continued) C6B Report Of The Capital Improvement Projects Oversight Committee Meeting On April 12, 2010: 1) Attendance; 2) Appointment Of Vice-Chair; 3) Public Comments; 4)Commission Item: 4a) Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 16-09/10, For The North Shore Bandshell Facility Renovations Project, Authorizing The Mayor And City Clerk To Execute An Agreement With OAC Action Construction Corp., At The Not-To-Exceed Amount Of $934,262.81, For The Construction Of The Project, Further Authorizing The Administration To Engage In Value Engineering To Further Reduce The Cost And Time For Completion Of Said Project; 5) Requested Reports: 5a) Fire Department Fire Hydrant Testing Schedule; 5b) GIS Presentation: Water Line Prioritization(Deferred From March 8, 2010 Meeting; 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/West Avenue Neighborhood Improvement Project; 7) Staff Action Report; 8) Calendar; 9) Adjournment. (Page 71) C6C Report Of The Neighborhoods/Community Affairs Committee Meeting On April 27, 2010: 1) Discussion Regarding An Ordinance Requiring Automated External Defibrillators (AED) In Certain Public Facilities; 2) Discussion Regarding The Issue Of The Miami Beach Marina’s Agreement With The City; 3) 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; 4) Discussion Regarding Pedestrian Safety For Residents In South Of Fifth Neighborhoods; 5) Discussion Regarding Street Conditions On 6th Street Near Las Olas Café; 6) Discussion Regarding The Placement Of A Plaque At The Flamingo Park Tennis Facility Commemorating Mr. Morry Moss And His Tremendous contribution to Tennis On Miami Beach; 7) Update Regarding The Status Of Efforts Made By The Administration To Encourage FDOT To Re- stripe The Lanes In The Mid Beach Area Along Alton Road; 8) Discussion Regarding The Bayshore Neighborhood G.O. Bond And Changes To The Original BODR Specifications, As Well As Review Current Plans; 9) Discussion Regarding A Request By The Shane Watersport Center To Hold Bingo Events, For The Purpose Of Funding Needed Capital Repairs/Improvements To The Center; 10) Discussion Regarding Whether Miami Beach Should Require Naming Rights When It Gives A Substantial Gift To An Organization; 11) Discussion Regarding Belle Isle Traffic And Parking Conditions; 12) Discussion Regarding An Ordinance To Provide That Adults, Only While Supervising Children, Be Allowed In Playgrounds or Tot-Lots; 13) Discussion Regarding Field Rentals in South Pointe Park. (Page 75) C6D Report Of The Land Use And Development Committee Meeting On April 28, 2010: 1) Discussion Regarding The Following Board Of Adjustment Related Issues: a) Consideration Of Alteration Of Variance Criteria; And b) Review Of Types Of Applications Which May Be Heard By The Board; 2) Discussion Regarding The Relationship Between Production Sud And The City Of Miami Beach; 3) Discussion On An Ordinance Amendment That Would Require Notice To Be Given To Residents Within A Certain Distance Of Any Proposed Movie Or Film Permit; 4) Consultant Review Fee Ordinance; 5) Discussion Regarding The Possibility Of An Ordinance Prohibiting The Sale Of Individual Cans Or Bottles Of Alcoholic Beverages By Retail Establishments; 6) Short Term Rental Of Apartment Units Or Townhomes; And 7) Discussion On An Ordinance That Would Limit Rooftop Business Operations Citywide. (Page 85) Consent Agenda, June 9, 2010 C6 - Commission Committee Reports (Continued) C6E Report Of The Finance And Citywide Projects Committee Meeting On April 29, 2010: 1) Discussion Regarding The Process For City Of Miami Beach License Renewals, Including Notices Provided To License Holders; 2) Discussion Regarding Property Management Division Cost Savings Recommendation; 3) Update On Ameresco Financing; And 4) City Ordinances - Beach Clean Up. (Page 91) C6F Report Of The Finance And Citywide Projects Committee Meeting On May 20, 2010: 1) Discussion Item: Update On Revenue Parking Bonds; 2) Discussion Regarding A Lease Agreement Between The City And Rubin & Bickman, PLLC, For Use Of 1,515 Sf Of City-Owned Property Located At 1130 Washington Avenue, 4th Floor; 3) Discussion Regarding A Lease Agreement Between The City And Strang Adams, P.A., For The Use Of 858 Sf Of City-Owned Property Located At 1130 Washington Avenue, 3rd Floor East; 4) Review And Discuss An Amendment To The Code Of The City Of Miami Beach; Amending Chapter 82, “Public Property,” Article II “Sale Or Lease Of Public Property,” Sections 82-36 Through 82-40, Amending The Procedures For Sale Or Lease Of City Property. (Page 99) C6G Report Of The Land Use And Development Committee On May 27, 2010: 1) Discussion Regarding The Following Board Of Adjustment Related Issues: 1) Consideration Of Alteration Of Variance Criteria; And 2) Review Of Types Of Applications Which May Be Heard By The Board; 2) Discussion On The Blighted Condition Of The 300 Block Of Ocean Drive; 3) Short Term Rental Of Apartment Units Or Townhomes; 4) Discussion On The Enforcement Of Short Term Rentals In Single Family Homes; 5) Discussion Regarding Potential Sources Of Relief For Residents Living In Close Proximity To Commercial Operations With Late Hour Deliveries And Similar Habitual Sources Of Noise; 6) Discussion On The Possible Re-Zoning Of 1600 Lenox Avenue. (Page 103) C7 - Resolutions C7A A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement With McCumber Golf, Inc.; For Design, Bid And Award, And Construction Management Services, In The Negotiated Lump Sum Fee Of $294,500.00, Plus An Additional Not-To-Exceed Amount Of $92,600.00 For Approved Reimbursables, For The Par 3 Golf Course, Pursuant To Request For Qualifications (RFQ) No. 07-09/10; Funding To Be Appropriated From The Middle Beach Quality Of Life Resort Tax Fund 161. (Page 109) (Capital Improvement Projects) C7B A Resolution Electing Commissioner Jorge Exposito, Group II, As Vice-Mayor For A Term Commencing On July 1, 2010, And Terminating On October 31, 2010 Or On Such Date When A New Vice-Mayor Is Thereafter Elected. (Page 121) (City Clerk’s Office) Consent Agenda, June 9, 2010 C7 - Resolutions (Continued) C7C A Resolution Approving And Authorizing The City Manager Or His Designee To Submit The Following Grant Application: 1) US Department Of Justice, Edward Byrne Memorial Justice Assistance Grant (JAG) For Funding In An Amount Not To Exceed $103,000, For Police Department Initiatives; 2) Florida Junior Golf Council Funding In An Amount Not To Exceed $10,000 For The Normandy Shores Junior Golf Program; 3) State Of Florida, Division Of Cultural Affairs, Culture Builds Florida Under The Specific Cultural Projects Program, For Funding In An Amount Not To Exceed $25,000 For Sleepless Night 2011; 4) US Department Of Justice, Bulletproof Vest Partnership Program, For Funding In An Amount Not To Exceed $20,000 For Bulletproof Vests; 5) Miami-Dade County For Edward Byrne Memorial Justice Assistance Grant Program Funds In An Amount Not To Exceed $20,000 For The City’s Police Department Initiatives; And 6) Approvfsal To Accept A Congressional Earmark From The U.S. Department Of Justice, Office Of Justice Programs For Funding In An Amount Not To Exceed $500,000 For The City Of Miami Beach Teen Club, Gang And Drug Prevention Program; And, 7) To Support An Application To The Us Department Of Education, Promise Neighborhoods Grant Program, For Funding To Complement The City’s Service Partnership Program; Appropriating The Above Grant And Matching Funds, If Approved And Accepted By The City, And Authorizing The Execution Of All Necessary Documents Related To These Applications. (Page 125) (Grants Management) C7D A Resolution Adopting And Appropriating An Amendment To The Parking Department Operating Budget For Fiscal Year 2009/2010 In The Amount Of $138,048 For The Operation Of The Pennsylvania Avenue Garage To Be Funded From Parking Fund 480. (Page 137) (Parking Department) C7E A Resolution Urging Miami-Dade County To Implement Comprehensive Amendments To Its Parking Fines And Urging The Florida Legislature To Amend The Florida Statutes In Order To Increase State Penalties For Various Parking Violations. (Page 143) (Parking Department) C7F A Resolution Approving A Preconstruction Application For Historic Ad Valorem Tax Exemption For A Single-Family Property At 3193 Royal Palm Avenue, And Authorizing The Miami-Dade County Property Appraiser’s Office To Grant This Tax Exemption For The City’s Portion Of Ad Valorem Property Taxes For Qualifying Improvements To The Subject Property Following Substantial Completion Of The Project And Compliance With Certain Conditions. (Page 147) (Planning Department) C7G A Resolution Setting A Public Hearing To Consider An Ordinance Of The City Of Miami Beach, Florida, Adopting A 10-Year Water Supply Facilities Work Plan And Amending The City’s Comprehensive Plan To Strengthen Coordination Between Water Supply And Local Land Use Planning As Required By Florida Law. (Page 165) (Planning Department) Consent Agenda, June 9, 2010 C7 - Resolutions (Continued) C7H A Resolution Accepting The Recommendation Of The City Manager Relative To The Ranking Of Temporary Personnel Agencies, Pursuant To Request For Proposals (RFP) No. 22-09/10, For Temporary Personnel Services; Authorizing The Administration To Enter Into Negotiations With The Ten (10) Top Ranked Proposers, As Set Forth In This Resolution; And Further Authorizing The Mayor And City Clerk To Execute Agreements Upon The Completion Of Successful Negotiations By The Administration. (Page 169) (Procurement/Human Resources) C7I A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Architectural And Engineering Firms, Pursuant To Request For Qualifications (RFQ) No. 01-09/10, For Professional Architectural And Engineering Services In Specialized Categories, On An “As- Needed Basis,” For Projects In Which The Basic Construction Cost Does Not Exceed $2 Million Or For Study Activities When The Fee For Such Professional Services Does Not Exceed $200,000; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Firms Of Each Specialty; And Further Authorizing The Mayor And City Clerk To Execute Agreements Upon Conclusion Of Successful Negotiations By The Administration. (Page 181) (Procurement/Capital Improvement Projects/Public Works) C7J A Resolution Approving And Authorizing The City Manager To Execute A Termination To Joint Participation Agreement (JPA) Between The City And Florida Department Of Transportation (FDOT) For JPA A1494, Executed On June 14, 2000, For The Milling And Resurfacing Of State Road A1A/Collins Avenue From 5th Street To 15th Street. (Page 205) (Public Works) C7K A Resolution Authorizing The Acceptance Of $28,000 Dollars In Cash Donations (Including Sponsorships) Made To The City For The Annual Fourth Of July Celebration, A Free Event; And Further Appropriating Said Funds For The Fourth Of July Celebration; And Accepting And Appropriating Future Donations For This Purpose; And Authorizing The City Manager Or His Designee To Make Such Expenditures And/Or Reimbursements From The Aforestated Donations, In Furtherance Of And Consistent With The Aforestated Event. (Page 215) (Tourism & Cultural Development) C7L A Resolution Authorizing The Appropriation And Expenditure Of $13,550 For The City's Joint Tourism And Hospitality Scholarship Program In Partnership With Global Spectrum And Centerplate; And Further Awarding Said Scholarships As Detailed In Exhibit “A.” (Page 219) (Tourism & Cultural Development) End of Consent Agenda