Loading...
20111019 Supp 2 OCRMIAMIBEACH City Commission Meeting SUPPLEMENTAL MATERIAL 2 City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive October 19,201 1 Mayor Matti Herrera Bower Vice-Mayor Edward L. Tobin Commissioner Jorge R. Exposito Commissioner Michael G6ngora 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. 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. SUPPLEMENTAL MATERIAL 2 C6 - Commission Committee Reports C6E Report Of The Neighborhoods/Community Affairs Committee Meeting On October 6,201 1 : 1) Discussion Regarding Banning Or Restricting Smoking On Some Or All Of The City's Beaches. 2) Progress Report Regarding The Lack Of Accessibility Of The City's Website To The Disabled. 3) Discussion Of Viability Of Storing City Towed Vehicles On Terminal Island. 4) Discussion Regarding An Ordinance Amending Procedures To Provide Local Preference To Miami Beach-Based Vendors In The Award Of Contracts For Goods And General Services, By Amending Chapter 2 Of The City Of Miami Beach Entitled, "Administration," By Amending Article VI Thereof Entitled, "Procurement," By Amending Division 3 Entitled, "Contract Procedures," By Amending Section 2-372 Thereof; Providing For Codification, Repealer, Severability, And An Effective Date. Discussion To Also Include Giving Preference In The Renewal Of Contracts To Companies That Hire Miami Beach Residents. 5) Discussion Regarding An Ordinance Implementing Procedures To Provide A Vendor Preference In The Award Of Contracts For Goods And Contractual Services, To Florida Small Businesses Owned And Controlled By Veterans And To State-Certified Service-Disabled Veteran Business Enterprises By Amending Chapter 2 Of The Code Of The City Of Miami Beach Entitled, "Administration," By Amending Article VI Thereof Entitled, "Procurement," By Amending Division 3 Entitled, "Contract Procedures," By Creating Section 2-374; Providing For Codification, Repealer, Severability, And An Effective Date. 6) Discussion Regarding Changes Made To The Disability Access Committee. (Memorandum) MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: October 19, 201 1 SUBJECT: REPORT OF THE NElGHBORHOODSlCOMMUNITY AFFAIRS COMMITTEE MEETING HELD ON THURSDAY, OCTOBER 6,2011. A meeting of the Neighborhoods/Community Affairs Committee was held on Thursday, October 6,201 1 at 3:00 pm in the City Manager's Large Conference Room, 4th Floor in City Hall. Commissioners in attendance: Commissioners Jerry Libbin, Deede Weithorn (arrived at 3:38 pm), and Michael Gongora. Members from the Administration and the public were also in attendance. Please see the attached sign-in sheet. THE MEETING OPENED AT 3:33 PM 1. DISCUSSION REGARDING BANNING OR RESTRICTING SMOKING ON SOME OR ALL OF THE CITY'S BEACHES. (3:45 PM) (Originally referred to Finance and Citywide Committee at April 14, 2010 Commission, item R91, requested by Commissioner Libbin. Then referred to NCAC at June 9, 2010 Commission, ltem C6E; discussed at August 31, 2010 NCAC meeting; referred back to NCAC at October 27, 2010 Commission, ifem C6A requested by Commissioner Wolfson). Commissioner Libbin reviewed information included in the agenda package and referred to a stack of signatures of people in favor of this initiative. He explained that he is seeking to come to a policy decision to establish ashtrays for designated smoking areas; not to prohibit smoking but to encourage smoking in the designated area. He believes this should be started with public beach areas and then to encourage hotels to handle their areas. Commissioner Weithorn explained that she wants the Administration to ensure the ashtrays do not interfere with the runners on the hard pack areas of the beach. Karen Rivo spoke. City Attorney Jose Smith pointed out that the Florida Legislature, last year on the issue of preemption, specifically excluded all schools from the operation of the statute thus allowing the school system to regulate smoking on any of its properties. He added that there is proposed legislation to amend the Florida Clean Indoor Air Act to allow municipalities to restrict outdoor smoking on city property, including beaches. Wendy Kallergis spoke. Lois Benson spoke. Eileen De la Cuesta spoke. Jeff Donnoly spoke. Leci Brendgen spoke. Joshua Wallack spoke. Lee Emerson Smith spoke. Agenda ltem C6 Date /Oe[q-// City Commission Memorandum October 19,201 1 Report of the Neighborhoods /Community Affairs Committee of October 6, 201 1 Page 2 of 4 Harry Cherry spoke. David Kelsey spoke. Commissioner Weithorn asked to bring back to the committee the proposed ordinance to ban Styrofoam coolers on the beach. Assistant City Manager Hilda M. Fernandez explained that Administration had been waiting to bring back all the litter issues at one time however at this point they will probably handle the Styrofoam item by itself. Commissioner Weithorn made the motion to recommend to the Commission to place the ashtrays near the trash cans and to please reach out to the runners to ensure there is no obstruction. She added to include signage appropriately labeling designated smoking areas and to explore a voluntary ashtray program with the hotels. She added that the program should be revisited to determine how well it has worked. Motion is to target program then if it works, expand it to the rest of the beach. Commissioner Gongora explained that he is in favor and sees it more of a litter issue. He seconded Commissioner Weithorn's motion. - . Commissioner Weithorn clarified her motion as to implement a pilot program where the hard pack is on the public beach and any areas indicated as high traffic areas by our lifeguards. If this program works, then the City can expand it to the rest of the beach. Commissioner Gongora stressed that it is to be handled in a friendly educational manner. Ms. Fernandez reiterated the motion is to implement a beach designated smoking area to be designated with ashtrays and signage on the beach in the hard pack areas of the public beaches; clarified the motion is to implement a pilot program in public beach areas. She suggested starting out with just the public beachfront areas only, as the areas behind condominiums often do not have a lot of visitors. ACTION: The Committee unanimously (Commissioners Libbin, Weithorn, and Gongora present) recommended to begin a pilot program on the City's public beachfront areas a designated smoking area with ashtrays and signage. 2. PROGRESS REPORT REGARDING THE LACK OF ACCESSIBILITY OF THE CITY'S WEBSITE TO THE DISABLED. (3:33 PM) (Returning, as requested, from the June 3, 201 I NCAC meefing for a progress report; originally referred at April 14, 201 I Commission, Item C4B, requested by Commissioner Tobin). Robert Biles, Applications System Manager, reviewed the work that has been done on the City's website this past summer with the interns. Hilda M. Fernandez, Assistant City Manager, clarified that the $5,500 funding used for the summer intern work was recommended by the Disability Access Committee (DAC) to staff; not approved and funded by the DAC as is stated in the memo. Commissioner Weithorn arrived at 3:38 pm. Commissioner Gongora stated that he has heard from some of his constituents that are visually impaired and receive his email newsletter are able to read his newsletter with their software however they have trouble reading parts of the City's website. Ms. Fernandez explained how the City's website is accessible however it is not necessarily compatible with some versions of reader City Commission Memorandum October 19,201 1 Report of the Neighborhoods /Community Affairs Committee of October 6, 201 1 Page 3 of 4 software. She added that the IT Department is working with Procurement to issue a Request for Quotes (RFQ) to hire a consultant or firm that will audit the City's website and make recommendations to further enhance the site's compatibility with e-accessibility of third-party applications, such as the software used by the chairperson of the DAC. Commissioner Libbin suggested to the Administration, that when the time is right, to seek out and submit for some sort of recognition award for the tremendous efforts made in improving accessibility of the City's website. ACTION: The Committee made no motion however Commissioner Libbin suggested to the Administration, that when the time is right, to seek out and submit for some sort of recognition award for the tremendous efforts made in improving accessibility of the City's website. 3. DISCUSSION OF VIABILITY OF STORING ClTY TOWED VEHICLES ON TERMINAL ISLAND. (Referred at June I, 201 I Commission, ltem R9F, Requested by Commissioner Tobin) ACTION: No action, item deferred. 4. DISCUSSION REGARDING AN ORDINANCE AMENDING PROCEDURES TO PROVIDE LOCAL PREFERENCE TO MlAMl BEACH-BASED VENDORS IN THE AWARD OF CONTRACTS FOR GOODS AND GENERAL SERVICES, BY AMENDING CHAPTER 2 OF THE ClTY OF MlAMl BEACH ENTITLED, "ADMINISTRATION," BY AMENDING ARTICLE VI THEREOF ENTITLED, "PROCUREMENT," BY AMENDING DIVISION 3 ENTITLED, "CONTRACT PROCEDURES," BY AMENDING SECTION 2-372 THEREOF; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. (Requested by Commissioner Libbin) DISCUSSION TO ALSO INCLUDE GIVING PREFERENCE IN THE RENEWAL OF CONTRACTS TO COMPANIES THAT HIRE MlAMl BEACH RESIDENTS. (Added by Commissioner Tobin) (4:28 PM) (Referred at September 14, 201 1 Commission, ltem R9D, Requested as noted above) Commissioner Libbin explained that his desire is that if all things are equal in the City's RFQs, and bids, then a local company should get five extra points in a 100 point ranking system. This does not guarantee that the local company would get the bid, as it still would come to the Commission and still have the City Manager's oversight and review. Gus Lopez, Procurement Division Director pointed out again that the City Manager and City Commission still have the authority to agree or not agree with the recommendation. Commissioner Weithorn moved to recommend this to the City Commission given that the City Manager and the City Commission still have the flexibility for the final decision. Commissioner Gongora asked for a clarification as to the definition of "Miami Beach based." Mr. Lopez pointed out the definition of Miami Beach based as noted on page 69 of the agenda on the second page of the proposed ordinance. The motion was seconded by Commissioner Gongora. Commissioner Weithorn asked if Commissioner Tobin's add-on to this item regarding the hiring of Miami Beach residents has been addressed. Chief Deputy City Attorney Raul Aguila explained that Commission Tobin is satisfied with preparing a resolution to bring before the Commission that when consideration is being given to a contract renewal, the amount of Miami Beach residents that the contractor of vendor employs can be factored into the approval or decision to renew that contract. He will be bringing that to the Commission in December. City Commission Memorandum October 19,201 1 Report of the Neighborhoods /Community Affairs Committee of October 6, 201 1 Page 4 of 4 ACTION: The Committee unanimously (Commissioners Libbin, Weithorn, and Gongora present) moved to recommend this item to the Commission. 5. DISCUSSION REGARDING AN ORDINANCE IMPLEMENTING PROCEDURES TO PROVIDE A VENDOR PREFERENCE IN THE AWARD OF CONTRACTS FOR GOODS AND CONTRACTUAL SERVICES, TO FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED, "ADMINISTRATION," BY AMENDING ARTICLE VI THEREOF ENTITLED, "PROCUREMENT," BY AMENDING DIVISION 3 ENTITLED, "CONTRACT PROCEDURES," BY CREATING SECTION 2-374; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. (Referred at September 14, 2011 Commission, ltem R9E, Requested by Commissioner Jeny Libbin) (4:32 PM) Commissioner Libbin explained that this item would work similarly to the previously discussed item in that if a company meets the federal guidelines as Veteran owned company, they would be given five additional points for consideration. He added that the Commission and City Manager would also still maintain the final say. Commissioner Weithorn motioned to recommend to the Commission. The motion was seconded by Commissioner Gongora. ACTION: The Committee unanimously (Commissioners Libbin, Weithorn, and Gongora present) moved to recommend this item to the Commission. 6. DISCUSSION REGARDING CHANGES MADE TO THE DISABILITY ACCESS COMMITTEE. (Referred at September 14, 201 1 Commission, ltem R9G, Requested by Commissioner Jonah Wolfson) ACTION: No action, item deferred. THE MEETING ADJOURNED AT 4:34 PM. Note: The remaining meetings of the Neighborhoods/Community Affairs Committee for 201 1 are: - November 10, 201 1 (Thursday) December 8, 201 1 (Thursday) F:\NCAC\NCAC Report- OCTOBER 6-201 1 (l).doc NElGHBORHOODSlCOMMUNITY AFFAIRS COMMITTEE October 6,201 I SIGN-IN SHEET PLEASE PRINT LEGIBLY We are comrnifted 10 poviding excellenl public service and safefy 10 all 4 ho live, work, and lay in our vibrant, tropical, hisforic communiv.