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20120509 Titles Agenda 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 May 9, 2012 Mayor Matti Herrera Bower Vice-Mayor Jerry Libbin Commissioner Jorge R. 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 Rafael E. Granado 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 & Commission Requests 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. Commission Agenda, May 9, 2012 2 Presentations and Awards PA1 Certificates Of Recognition To Be Presented To Select Students And Teachers Of The Miami- Dade County Public Schools For The 2011-12 School Year And A Recognition Of Miami Beach’s Achievement Of IB Authorization In Every Public School. (Requested by Mayor Matti Herrera Bower) PA2 Proclamation To Be Presented In Honor Of National Beach Safety Week, May 22 - 29, 2012 And Rip Current Awareness Week, June 3 - 9, 2012. (Requested by Mayor Matti Herrera Bower) PA3 Presentation On The State Of The Tourism And Travel Industry By William Talbert, President & CEO Of The Greater Miami Convention & Visitors Bureau And Recognition Of National Travel And Tourism Week. (Requested By Mayor Matti Herrera Bower) CONSENT AGENDA Action: Moved: Seconded: Vote: C2 - Competitive Bid Reports C2A Request For Approval To Award Contracts To Midwest Medical Supply, LLC; Bound Tree Medical, LLC; Physio-Control, Inc.; Zoll Medical Corporation; Vidacare Corporation; Henry Schein, Inc.; Quadmed, Inc.; And Guardian EMS Products, Pursuant To Invitation To Bid (ITB) No. 13-11/12, For The Purchase Of Medical Supplies, In The Estimated Annual Amount Of $263,400. (Fire Department/Procurement) C2B Request For Approval To Reject All Bids Pursuant To Invitation To Bid (ITB) No. 12-10/11, For The Purchase And Installation Of Enterprise Audio And Video Systems For The Information Technology Division (IT) Training Rooms. (Information Technology/Procurement) C2C Request For Approval To Award A Contract To Bio Response Corporation, Pursuant To Invitation To Bid (ITB) No. 16-11/12, For Bio-Hazardous Waste Cleaning, In The Estimated Annual Amount Of $26,450.00. (Police Department/Procurement) Commission Agenda, May 9, 2012 3 C2 - Competitive Bid Reports (Continued) C2D Request For Approval To Cancel Request For Proposals (RFP) No. 26-11/12 For The Removal And Disposal Of Derelict Vessels And, In The Alternative, To Issue A Request For Qualifications (RFQ) For The Services. (Procurement) C2E Request For Approval To Award Contracts To The Following Vendors: Miami Elevator Inspection, A-1 Elevator Inspection, Inc. And Up & Down Elevator Inspection As The Lowest And Best Bidders, Pursuant To Invitation To Bid No. 33-11/12, For Elevator Inspection Services In The Estimated Annual Amount $240,000; And Further Approving A Month To Month Extension Of The Current Elevator Inspection Services Contract With Miami Elevator Inspection, Dade Elevator Inspection And Consulting Services, And Vertical Assessment Associates, Expiring On April 30, 2012 (The Current Contract), With Said Extension Commencing Retroactively On May 1, 2012, And Terminating, For Convenience And Without Cause, At Such Time As A Contract With The Successful Proposer Is Executed. (Building/Procurement) C4 - Commission Committee Assignments C4A Referral To The Neighborhood/Community Affairs Committee - Consideration Of An Agreement Between The City And Temporary Entertainment, LLC, For The Presentation Of “Orchid”, A Live Theatrical And Musical Performance Within A Spiegeltent And The Installation Of Ancillary Food And Beverage Services And Entertainment Areas, To Be Located At The Collins Park Spoil Area, Between 21st And 22nd Streets. (Tourism & Cultural Development) C4B Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding Whether The City Should Enter Into A New Lease Agreement With Design Miami To Hold The December Design Miami Show In The Preferred Parking Lot, For Specific Dates In 2013, 2014, 2015, 2016, And 2017. (Tourism & Cultural Development) C4C Referral To The Neighborhood/Community Affairs Committee - Discussion Concerning The Timing Of The Usage Of The City Of Miami Beach’s Leaf Blowers. (Requested by Commissioner Michael Góngora) Commission Agenda, May 9, 2012 4 C6 - Commission Committee Reports C6A Report Of The Capital Improvement Projects Oversight Committee Meeting On March 19, 2011: 1) Attendance. 2) Review And Acceptance Of Minutes. 3) Accomplishments: 3A) Completion Of Fire Station #2 Historic Building And Hose Tower. 4) Public Comments. 5) Old Business/Requested Reports: 5A) Status Report: Normandy Isle Neighborhood; 5B) Discussion: Biscayne Point Neighborhood Improvement Project; 5C) Status Report: Sunset Islands I & II; 5D) Status Report: Sunset Islands III & IV; 5E) Status Report: Lower North Bay Road; 5F) Status Report: Venetian Islands; 5G) Status Report: Palm And Hibiscus Island Undergrounding. 6) Commission Items: 6A) RFQ For Construction Management Service; 6B) Flamingo Park Tennis Center Project. 6C) Collins Park Garage. C6B Report Of Neighborhood/Community Affairs Committee Meeting On April 24, 2012: 1) Discussion Regarding Licensing And Authorization Requirements For Mobile Food Trucks And Proposal For A City Sponsored Food Truck Festival. 2) Discussion Regarding Communications About The Progress Of Projects And Construction To The Local Residents. 3) Quarterly Crime Statistics (Recurring Item On A Quarterly Basis). 4) Quarterly Project Status Report. (FDOT Alton Road Project). 5) Quarterly Reports Regarding Washington Avenue. 6) Film Permits: 6a) Discussion Regarding The Guidelines For Film Permits Issued In Residential Neighborhoods. 6b) Discussion Regarding Proposed Amendments To The City’s Film And Print Guidelines. 7) Discussion Regarding The Fine Schedule For A Proposed Ordinance Amending The Following Chapters In The Code Of The City Of Miami Beach To Provide Civil Enforcement And Penalty Provisions To Replace Criminal Misdemeanor Enforcement And Penalty Provisions As Follows: Amending Chapter 70 Entitled “Miscellaneous Offenses,” By Amending Article I, Entitled “In General,” By Amending Section 70-6, Entitled “Penalties,” To Provide Civil Penalties And Special Master Enforcement Provisions Relative To The Prohibitions In Chapter 70, Except For Violations Of Section 70-3 Entitled “Vibration”; By Amending Chapter 74 Of The Miami Beach City Code Entitled “Peddlers And Solicitors,” By Amending Article I, Entitled “In General,” By Amending Section 74-1 Entitled “Soliciting Business In Public From Pedestrians,” By Providing That The Solicitation Of Any Food, Beverage Or Service Is Also A Prohibited Activity And Providing Civil Penalties And Special Master Enforcement Provisions; By Amending Chapter 82 Of The Miami Beach City Code Entitled “Public Property,” By Amending Article I, Entitled “In General,” By Amending Section 82-1, Entitled “Conducting Business On Streets, Parks Or Other Public Property,” By Providing Civil Penalties And Special Master Enforcement Provisions; Providing For Repealer; Severability; Codification; And An Effective Date. (Deferred To Future Meeting). 8) Discussion Regarding The 41st Street Life Safety Recommendations From The Committee For Quality Education. 9) Discussion Regarding Mass Transit Connectivity Within Miami Beach And Within Miami-Dade County. 10) Discussion Regarding A Resolution Granting And Authorizing The Mayor And City Clerk To Execute An After-The-Fact Revocable Permit To ASR Berwick Family LTD Partners, As Owner Of The Commercial Property Located At 335 West 47th Street, To Retain A/C Units, A Utility Room, And A Trash Enclosure, Currently Placed Within The Public City Right-Of-Way On West 47th Court. C6C Report Of The Joint Neighborhood/Community Affairs And Land Use And Development Committees Meeting On April 24, 2012: 1) Discussion Regarding A Possible Charter Amendment Restricting The Manner In Which Changes To Current Land Use Regulations Can Be Made. Commission Agenda, May 9, 2012 5 C6 - Commission Committee Reports (Continued) C6D Report Of The Finance And Citywide Projects Committee Meeting On April 19, 2012: 1) Discussion Regarding New Recycling Bins Throughout The ROW On The Beach. 2) Discussion Regarding Amendments To The Recycling Ordinance. 3) Discussion Regarding Advertising On Deco Bike Stations, Its Economic Impact To The City And The Enhancement Of The Deco Bike Program. 4) Request For Approval To Issue A Request For Qualifications (RFQ) For A Fourth Solid Waste Franchise Contractor To Provide Commercial Waste Collections And Disposal Services. 5) Ordinance Amending Penalty Charges For Late Utility Bills. 6) Status Report And Update On Recent Building Department Accomplishments And Activities, Including A Status Report On Implementation Of Recommendations In The Watson Rice Study, The Development Review Process Stakeholder Committee, And Other Recent Initiatives And Charges Undertaken By The Building Department. 7) Discussion Regarding Placing A Referendum Item On The Next Available Ballot To Increase The Miami Beach Resort Tax On Hotel Rooms By One Additional Penny To Support The Enhancement And Expansion Of The Miami Beach Convention Center. 8) Discussion Regarding Citywide Janitorial Services For An Amendment To Add The Following Locations: Historic City Hall; Police Substation; North End Ocean Rescue Headquarters; And Beachfront Restrooms; And Increasing The Contract, In The Amount Of $17,473.74 Per Month. 9) Discussion Regarding To A Retail Lease Agreement With Mr. R Sports, Inc. Involving Suites 1 Through 4 In The Anchor Shops, Located At 1550 Collins Avenue. 10) Discussion Regarding A City Code Amendment To Establish The Position Of Condominium Ombudsman In The City Of Miami Beach. 11) Discussion Of The Current Management And Operations Of The City Of Miami Beach Golf Courses, Clubhouses And Related Facilities And Options/Direction For The Future Management Agreement. 12) Discussion Regarding Assigning Funds For Placement Of A Fence Around South Pointe Park Tot Lot Area. 13) Discussion On The Normandy Shores Park At Its Existing Area Next To The Tennis Courts To Include A Vita Course Equipment, Trees, Benches And An Open Area For Children To Run And Play And People To Sit And Enjoy The View. 14) Discussion Regarding A Renewal Of The Current Management Agreement Between The City Of Miami Beach And The Miami Beach Garden Conservancy For The Management And Operation Of The Botanical Garden; As Well As A Proposal To Increase The Rental Rates For Use Of The Facility. Commission Agenda, May 9, 2012 6 C7 - Resolutions C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit The Following Applications: 1) Fiscal Year 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Program For Funding In The Approximate Amount Of $62,236 For City’s Police Department Priorities; 2) Florida Department Of State, Division Of Cultural Affairs, Culture Builds Florida Program For Funding In The Approximate Amount Of $25,000 For Sleepless Night 2013; And The Following Grant Contract Renewals: 3) Approval To Accept A Contract Renewal From The Children’s Trust For The Early Childhood Development Program For Funding In The Approximate Amount Of $150,000 For The City’s Parent-Child Program; 4) Approval To Accept A Contract Renewal From The Children’s Trust For The Service Partnership Program For Funding In The Approximate Amount Of $282,000 For The City’s Success University Program; 5) Approval To Accept A Contract Renewal From The Children’s Trust For The Out-Of-School Program For Funding In The Amount Of $309,180 For The City’s Afterschool And Summer Programs; 6) Approval To Accept A Contract Renewal From The Children’s Trust For The Youth Development Program For Funding In The Approximate Amount Of $124,061 For The City’s Morning All Stars Program; Appropriating The Above Grants, Matching Funds And City Expenses Related To The Above Projects As Necessary, If Approved And Accepted By The City, And Authorizing The Execution Of All Documents Related To These Applications. (Budget & Performance Improvement) C7B A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 19-11/12, To Provide Public Information Services On Right-Of-Way And Facilities Construction Projects; Authorizing The Administration To Enter Into Negotiations With The Three (3) Top-Ranked Proposers: Infinite Source Communications Group, Quest Corporation Of America, Inc., And Media Relations Group, LLC.; And Further Authorizing The Mayor And City Clerk To Execute Agreements Upon Completion Of Successful Negotiations. (Capital Improvement Projects/Procurement) C7C A Resolution Approving The Neighborhood/Community Affairs Committee’s Recommendation To Implement A Pilot Food Truck Pilot Program To Take Place In North Beach. (Economic Development) C7D A Resolution Approving A Preconstruction Application For Historic Ad Valorem Tax Exemption For A Single-Family Property At 1815 Michigan 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. (Planning Department) Commission Agenda, May 9, 2012 7 C7 - Resolutions (Continued) C7E A Resolution Approving A Preconstruction Application For Historic Ad Valorem Tax Exemption For A Single-Family Property At 4245 North Meridian 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. (Planning Department) C7F A Resolution Approving And Authorizing The City Manager To Execute Various Locally Funded Agreements And Memoranda Of Agreements, In Substantially The Attached Form, With The Florida Department Of Transportation, For Construction And Maintenance Of Off-System Drainage Improvements; And For Construction And Maintenance Of Landscape, Irrigation And Bonded Aggregate Paving, As Part Of FDOT’s State Road 907/Alton Road Project From 5th Street To Michigan Ave With Funding In The Amount Of $125,000. (Public Works) C7G A Resolution Setting A Public Hearing For The June 6, 2012, City Commission Meeting, To Consider Granting A Revocable Permit To Marriott Seville, As The Owner Of The Property Located At 1901 Collins Avenue, To Allow For Decorative Eyebrows To Extend 3 Feet Into And 97 Feet Radially Along The Public Right-Of-Way Of 29th Street And To Extend 3 Feet Into And 354 Feet Along The Public Right-Of-Way Of 30th Street. (Public Works) (Memorandum & Resolution to be Submitted in Supplemental) C7H A Resolution Setting A Public Hearing At Its June 6, 2012 Meeting To Consider Granting A Revocable Permit For CG Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC And CG Tides Village II, LLC; Owners Of The Properties Located At 1220 Ocean Drive And 1201, 1221 And 1225 Collins Avenue, For A Proposed Elevated, Covered Pedestrian Bridge That Spans The 20’ Public Right-Of-Way Of Ocean Court For A Width Of 9’1” With A Minimum Vertical Height Of 15’ Above Ocean Court. (Public Works) (Memorandum & Resolution to be Submitted in Supplemental) End of Consent Agenda Commission Agenda, May 9, 2012 8 REGULAR AGENDA R5 - Ordinances R5A An Ordinance Amending Chapter 110 Of The City Code, Entitled “Utilities,” By Amending Article IV, Entitled “Fees, Charges, Rates And Billing Procedure,” By Amending Division 3, Entitled “Billing Procedure,” By Amending Section 110-191, Entitled “Payment Of Bills,” By Amending 110-191(B) By Changing The Penalty For Late Utility Bills From Ten Percent Of The Current Bill To 1.5% Per Month Of The Late Outstanding Balance; Providing For Repealer, Severability, Codification And Effective Date. 10:15 a.m. Second Reading Public Hearing (Requested by Commissioner Jonah Wolfson) (Legislative Tracking: Finance Department) (Continued from March 21, 2012/Referred to FCWPC) R5B An Ordinance Amending Chapter 82, Of The Code Of The City Of Miami Beach, Entitled “Public Property,” By Amending Article VI, Entitled “Naming Of Public Facilities And Establishment Of Monuments Or Memorials,” By Amending Section 82-504, Entitled “Monuments Or Memorials,” By Adding Criteria To Provide That: A) Only The Mayor Or Member Of The City Commission May Propose The Establishment Of A Monument Or Memorial; B) That The Mayor And City Commissioners Shall Each Be Limited To Proposing The Establishment Of One Monument Or Memorial Per Term Of Elected Office; C) Any Person To Be Recognized By The Establishment Of A Monument Or Memorial Must Be In Good Standing In The Community And If, After The Honor Is Bestowed, The Person Is Convicted Or Adjudicated Guilty Of A Felony, The Name Of The Person Shall Be Removed From Such Monument Or Memorial Or The Memorial Itself May Be Removed, Without Resulting Liability To The City; And Providing For Repealer, Severability, Codification, And An Effective Date. 11:00 a.m. Second Reading Public Hearing (Requested by the Neighborhood/Community Affairs Committee) (Legislative Tracking: Parks & Recreation) (First Reading on March 21, 2012/Referred to NCAC) R5C Rooftop Small Wind Turbines An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142 Of The City Code, “Zoning Districts And Regulations,” Article II, “District Regulations,” Division 2, RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts, Section 142-105(e), “Height Restrictions,” By Amending The Height Regulation Exceptions To Permit Small Roof Wind Turbines Up To 10 Feet Above The Main Roofline; And Amending Article IV, “Supplementary District Regulations,” Division 5, “Height Regulations,” By Amending Section 142-1161,” To Permit Roof Wind Turbines Subject To Certain Restrictions And Conditions; Providing For Repealer, Severability, Codification, And An Effective Date. 11:05 a.m. Second Reading Public Hearing (Requested by Commissioner Edward L. Tobin) (Legislative Tracking: Planning Department) (First Reading on April 11, 2012) Commission Agenda, May 9, 2012 9 R5 - Ordinances (Continued) R5D Vacant Storefront Screens And Signs An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 138, Entitled "Signs", By Amending Article IV, Entitled “Temporary Signs”, By Creating A New Section 138-140, Entitled “Vacant Storefront Screens And Signs,” Providing For Repealer, Codification, Severability And An Effective Date. 11:10 a.m. Second Reading Public Hearing (Requested By Vice-Mayor Jerry Libbin) (Legislative Tracking: Planning Department) (First Reading on April 11, 2012) R5E An Ordinance Amending Chapter 12 Of The Miami Beach City Code, Entitled “Arts, Culture And Entertainment,” By Amending Article II Thereof, Entitled “Special Events,” By Amending Section 12-5, “Special Events Permits” To Provide Clarification To Special Event Applicants Under Provision (5); By Providing Enforcement And Penalties For The Violation Of Section 12-5 As Set Forth In Provision (9); And Providing For Repealer, Codification, Severability, And An Effective Date. 11:30 a.m. Second Reading Public Hearing (Requested by the Neighborhood/Community Affairs Committee) (Legislative Tracking: Tourism & Cultural Development) (First Reading on April 11, 2012) R5F Recycling Ordinance An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled “Solid Waste,” By Amending The Definitions In Article I, Entitled “In General,” By Amending Section 90-2, Entitled “Definitions”; By Amending Article II, Entitled “Administration” By Amending The Penalties For Solid Waste Violations And To Provide Provisions And Penalties Relative To Recycling For Multifamily Residences And Commercial Establishments; By Creating Article V, To Be Entitled “Citywide Recycling Program For Multifamily Residences And Commercial Establishments,” To Provide Provisions For Recycling Requirements And Enforcement, A Public Education Program, A Warning Period, An Enforcement Date, Requirements For Recycling Contractors, Penalties, And Special Master Appeal Procedures; Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Requested by Commissioner Jonah Wolfson) (Legislative Tracking: Public Works) (Continued from March 21, 2012/Referred to FCWPC) R5G An Ordinance Amending The Land Development Regulations Of The City Code, Chapter 118, "Administration And Review Procedures," By Creating A New Article XII, "Maintenance And Security Bonds,” Establishing Definitions And Requirements For Property Owners Applying For Development Review Approval For Substantial Construction Work To Ensure That Their Properties Are Properly Maintained And Secured Until Completion Of Work; Providing For Codification, Repealer, Severability, And An Effective Date. First Reading (Requested by Commissioner Edward L. Tobin) (Legislative Tracking: Planning Department) Commission Agenda, May 9, 2012 10 R5 - Ordinances (Continued) R5H An Ordinance Amending Chapter 70 Of The Miami Beach City Code Entitled “Miscellaneous Offenses,” By Amending Article II, Entitled “Public Places”; By Amending Division II, Entitled “Bicycling, Skateboarding, Roller Skating, In-Line Skating, And Motorized Means Of Transportation,” By Amending Section 70-66, Entitled “Definitions,” By Adding A Definition For Bicycle Path; And By Amending Section 70-67, Entitled “Prohibited Activities,” By Amending The Prohibitions Regarding Motorized Means Of Transportation, Including Electric Personal Assistive Devices (Also Known As Segways), By Rewording The Provisions Therein And Conforming The Language To State Law; By Restricting The Speed Of Electric Personal Assistive Devices To Six (6) MPH On All City Sidewalks, Sidewalk Areas, And Bicycle Paths; And By Prohibiting The Operation Of Electronic Personal Assistive Mobility Devices On Interior Pathways Within South Pointe Park And Collins Park; By Amending Section 70-68, Entitled “Exemptions,” By Exempting The Use Of Electric Personal Assistive Mobility Devices By City Police And City Contracted Services From The Restrictions Of Division II; By Amending Section 70-69, Entitled “Responsibilities Of Bicyclists And Skaters,” By Adding Responsibilities For Persons Operating Electric Personal Assistive Mobility Devices; By Amending Section 70-70, Entitled “Penalties,” To Provide For Responsibilities Of Businesses Providing Rentals And Tours Of Electric Personal Assistive Mobility Devices; By Creating Section 70-71, To Be Entitled “Penalties” To Provide Civil Penalties In Addition To Existing Non-Criminal Infraction Penalties For The Violation Of Certain Provisions In Chapter 70, Article II, Division II; Providing For Repealer; Severability; Codification; And An Effective Date. First Reading (Requested by Commissioner Deede Weithorn) (Legislative Tracking: Public Works) R7 - Resolutions R7A A Resolution Setting Forth An Order [Granting Or Denying] An Appeal Request Filed By The City Manager Of The City Of Miami Beach, On Behalf Of The City Administration, Pertaining To A Decision Of The Design Review Board (“DRB”) For The Property Located At 1 Washington Avenue - South Pointe Park (File No. 22894). 10:20 a.m. Public Hearing (Parks & Recreation/City Attorney’s Office) R7B A Resolution Granting A Revocable Permit To Bay Road Outparcel Partners, LLC, As The Owner Of The Property Located At 1916 Bay Road, To Allow For A Decorative Metal Eyebrow To Extend 4 Feet Into And 48 Feet Along The Public Right-Of-Way, And A Minimum Of 11.5 Feet Above The Sidewalk. 11:15 a.m. Public Hearing (Public Works) (Memorandum & Resolution to be Submitted in Supplemental) R7C A Resolution Accepting The Neighborhood/Community Affairs Committee’s Recommendations On March 27, 2012 Regarding The Ad Hoc Tennis Committee’s Mission Statement And, Further, Creating The Ad Hoc Tennis Committee With Said Mission Statement, And The Membership, Purpose, Duration, And Functions As Set Forth In This Resolution. (Parks & Recreation/City Attorney’s Office) (Deferred from April 11, 2012) Commission Agenda, May 9, 2012 11 R7 - Resolutions (Continued) R7D A Resolution Revising The “Special Events Requirements And Guidelines,” By Amending The Following Sections: “Application Procedure,” “Weddings And Ceremonies,” “Product Promotion/ Temporary Sampling”, “Minimum Requirements,” “Internal Review Procedure,” “External Review Procedure,” “Vehicle Access Policy,” “Booking Policy,” “Concession Agreements,” “Use Of Public Property,” “Enforcement And Penalties;” And Further Amending The Special Event Fee Schedule, And Hereby Permitting And Restricting Further Uses On Public Property. (Tourism & Cultural Development) R7E A Resolution Amending Resolution No. 2012-27888 And Appointing ____________ As The City Of Miami Beach Representative For Membership On The Miami-Dade County Charter Review Task Force. (City Attorney’s Office) R7F Resolutions Calling For A Special Election 1. A Resolution Calling For A August 14, 2012 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether The Miami Beach City Charter Should Be Amended To Require That, After August 15, 2012, Before Becoming Effective, Any Change To Chapter 118, Article II, Division 4 Of The City Code (“Historic Preservation Board”), Or To Chapter 118, Article X, Divisions 1-4 (“Historic Preservation”), That Reduces The Powers And Duties Of The Board, Or Creates Less Stringent Historic Preservation Standards Or Regulations, First Be Approved By A Majority Of Voters In A Citywide Election? 2. A Resolution Calling For A August 14, 2012 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether Miami Beach City Charter Section 1.03 Should Be Amended To Require That, After August 15, 2012, And Before Becoming Effective, Any Change To The City’s Land Development Regulations That Allows Increased Maximum Building Heights In Local Historic Districts Shall First Be Approved By A Majority Of Voters In A Citywide Election? (Requested By Mayor Matti Herrera Bower) (Legislative Tracking: City Attorney’s Office) R7G A Resolution Calling For An August 14, 2012 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether Section 5.03 Of The Miami Beach City Charter Should Be Amended To Increase, By One Percent (1%), The Resort Tax On Room Rent, With Such Increase To Be Used Solely For Purposes Of Expanding, Enlarging, Renovating, And/Or Improving The Miami Beach Convention Center, Including The Payment Of Debt Service Related Thereto? (Requested by Mayor Matti Herrera Bower) (Legislative Tracking: City Attorney’s Office) Commission Agenda, May 9, 2012 12 R7 - Resolutions (Continued) R7H A Resolution Calling For An August 14, 2012 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach, Florida, A Question Asking Whether Section 2.04 Of The Miami Beach City Charter Should Be Amended To Provide That, In Addition To Being Called By The Mayor Or City Manager, Special Meetings Of The City Commission May Be Called By A Majority Of The Members Of The Commission Upon Written Notice To The City Clerk And In Accordance With The Procedures Set Forth In A Resolution Of The City Commission. (Requested by Commissioner Jonah Wolfson) R7I A Resolution To Consider Granting An Extension Of The Current Franchise Agreements For Commercial Solid Waste Contractors Or, In The Alternative, Requesting Approval To Issue A Request For Qualifications (RFQ) For A Fourth Solid Waste Franchise Contractor To Provide Commercial Waste Collection And Disposal Services. (Public Works) (Memorandum & Resolution to be Submitted in Supplemental) R7J Resolutions Authorizing Agreements With Various External Entities To Assist The City In Implementing The Action Plan To Address Potential Corruption And Misconduct: 1. A Resolution Authorizing The City Manager And City Clerk To Execute A Memorandum Of Understanding Between The City, On Behalf Of Its Police Department, And The Federal Bureau Of Investigation, Miami Area Corruption Task Force, Which Serves The Purpose Of Identifying And Prosecuting Public Officials And Law Enforcement Officers At The Federal, State, And Local Levels Of Government Involved In Public Corruption Throughout The Southern District Of Florida. 2. A Resolution Authorizing The City Manager To Solicit The Services Of A Qualified Firm(s) To Audit The Processes Of Certain Regulatory Departments Or Divisions, In An Amount Not To Exceed $150,000, And Authorizing The City Manager And The City Clerk To Execute An Agreement For Such Services With The Selected Firm(s). 3. A Resolution Authorizing The City To Enter Into An Agreement With Miami-Dade County, On Behalf Of The Miami-Dade County Commission On Ethics And Public Trust, To Develop And Provide A Comprehensive Ethics Training Program For City Employees Who Hold Positions That Are In Regulatory Areas Of The City. 4. A Resolution Authorizing The City To Execute An Interlocal Agreement Between Miami- Dade County, On Behalf Of The Miami-Dade County Office Of The Inspector General (MDCOIG), And The City, To Authorize The MDCOIG To Provide Independent Investigations Into City Practices And Operations In Order To Prevent And Detect Fraud, Waste, Financial Mismanagement, Employee Misconduct Or Other Abuses. (Police/Building/Human Resources) (Memorandum & Resolutions to be Submitted in Supplemental) Commission Agenda, May 9, 2012 13 R9 - New Business and Commission Requests R9A Board And Committee Appointments. (City Clerk’s Office) R9A1 Board And Committee Appointments - City Commission Appointments. (City Clerk’s Office) R9B1 Dr. Stanley Sutnick Citizen’s Forum. (12:30 p.m.) R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.) R9C Discussion Regarding North Beach And Murder Of A 16 Year Old Boy At 75th Street And Ocean Terrace. (Requested by Commissioner Edward L. Tobin) R9D Discussion Regarding A Request To Waive The Colony Theater Rental Fee For The Film Life Foundation, A Non-Profit Which Is Producing The American Black Film Festival, June 20-23. (Requested by Mayor Matti Herrera Bower) R9E Discussion Regarding Healthy Initiatives Being Implemented By The Parks And Recreation Department In The City Of Miami Beach. (Requested by Commissioner Jorge R. Exposito) R9F Discussion To Amend The City Rules And Procedures So That Our City Employees Know That They Should Bring Forward Information Regarding Any Wrongdoing. (Requested by Vice-Mayor Jerry Libbin) R9G Discussion Regarding: 1) Complacency And Accountability Of The Administration; And 2) City Manager’s Tenure. (Requested by Commissioner Edward L. Tobin) R9H Discussion Regarding The Dismissal Of The City Manager. (Requested by Commissioner Jonah Wolfson) Commission Agenda, May 9, 2012 14 R10 - City Attorney Reports R10A City Attorney’s Status Report. (City Attorney Office) Reports and Informational Items Reports and Informational Items (see LTC No. 116-2012) End of Regular Agenda Commission Agenda, May 9, 2012 15 Miami Beach Redevelopment Agency City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive May 9, 2012 Chairperson of the Board Matti Herrera Bower Member of the Board Jorge Exposito Member of the Board Michael Góngora Member of the Board Jerry Libbin Member of the Board Edward L. Tobin Member of the Board Deede Weithorn Member of the Board Jonah Wolfson Executive Director Jorge M. Gonzalez Assistant Director Jorge Gomez General Counsel Jose Smith Secretary Rafael E. Granado AGENDA 1. NEW BUSINESS A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency (RDA), Authorizing The Chairperson And Secretary To Execute A Retail Lease Agreement With Mr. R Sports, Inc. (Tenant) For Suites 1 Through 4 In The Anchor Shops, Located At 100 16th Street, Miami Beach, Florida, Said Lease Agreement Having An Initial Term Of Three (3) Years, Commencing Upon Execution Of The Lease By The Parties, With Two (2) Renewal Options Of Three (3) Years And Three (3) Years And 364 Days Respectively, At The RDA’s Sole And Absolute Discretion, Subject And Pursuant To The Terms And Conditions Set Forth In The Lease.