20120927 Titles AgendaWe are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
Special City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 27, 2012
Mayor Matti Herrera Bower
Vice-Mayor Jorge R. Exposito
Commissioner Michael Góngora
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
Interim City Manager Kathie G. Brooks
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 - 5:00 p.m.
Inspirational Message, Pledge of Allegiance
Requests for Additions, Withdrawals, and Deferrals
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.
Commission Agenda, September 27, 2012
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C4 - Commission Committee Assignments
C4A Referral To Neighborhood/Community Affairs Committee A Discussion To Enhance The Capital
Project Entitled Normandy Shores Golf Course Aluminum Picket Security Fence.
(Requested by Commissioner Jerry Libbin)
C7 - Resolutions
C7A A Resolution Adopting And Appropriating Funds For The Fiscal Year 2012/13 Police Special
Revenue Account Budget In The Amount Of $55,000 For The Purchase Of Those Items Set Forth In
Exhibit “A,” And Such Account Funded By Unclaimed Evidence Currently Held In The Police Special
Revenue Account.
(Police Department)
C7B A Resolution Adopting And Appropriating Funds For The Police Confiscation Trust Fund Budget For
Fiscal Year 2012/13 In The Amount Of $1,202,100, To Be Funded From State Confiscated Funds In
The Amount Of $1,019,300 And Federal Justice Confiscated Funds In The Amount Of $182,800, For
The Appropriation And Expenditure Of Those Items Set Forth In Exhibit “A,” Which Shall Be Funded
Through The Police Confiscation Trust Fund.
(Police Department)
C7C A Resolution Adopting And Appropriating Funds For The Fiscal Year 2012/2013 Police Training &
School Resources Fund Budget In The Amount Of $35,000.
(Police Department)
C7D A Resolution Adopting And Appropriating The Third Amendment To The Police Confiscation Trust
Fund Budget For Fiscal Year 2011/12 In The Amount Of $82,372 To Be Funded From The Proceeds
Of State Confiscated Funds.
(Police Department)
(Memorandum & Resolution To Be Submitted In Supplemental)
End of Consent Agenda
Commission Agenda, September 27, 2012
REGULAR AGENDA
R5 - Ordinances
R5A Ordinances Modifying The Building, Fire, Planning And Public Works Departments Fees Related To
The Building Development Process Implemented On February 1, 2010.
1. An Ordinance Amending Section 14-61 “Permit Fees”; Section 14-62 “Building Permits”; And
That Portion Of Appendix A Of The City Code By Modifying Inspection Fees For Building,
Plumbing, Electrical, And Mechanical Work, And For Other Building Department Activities;
Providing For Repealer, Severability, Codification, And An Effective Date. 5:05 p.m. Second
Reading Public Hearing
2. An Ordinance Amending Section 50-3 “Plans Examination, Inspections, Permits” And That
Portion Of Appendix A Of The City Code By Modifying Inspection Fees For Building,
Plumbing, Electrical, And Mechanical Work, And For Other Fire Department Activities;
Providing For Repealer, Severability, Codification, And An Effective Date. 5:05 p.m. Second
Reading Public Hearing
3. An Ordinance Amending Section 15-40 “Refunds”; 15-42 “Adjusted Rates”; And That Portion
Of Appendix A Of The City Code By Modifying Zoning Fees For Building, Plumbing, Electrical,
And Mechanical Work, And For Other Planning Department Activities; Providing For Repealer,
Severability, Codification, And An Effective Date. 5:05 p.m. Second Reading Public Hearing
4. An Ordinance Amending Section 98-94 “Refunds”; And That Portion Of Appendix A Of The
City Code By Modifying Inspection Fees For Building, Plumbing, Electrical, And Mechanical
Work, And For Other Public Works Department Activities; Providing For Repealer,
Severability, Codification, And An Effective Date. 5:05 p.m. Second Reading Public Hearing
(Requested by Finance & Citywide Projects Committee)
(Legislative Tracking: Building Department)
(First Reading on September 12, 2012)
R7 - Resolutions
R7A1 A Resolution Adopting: 1) The Final Ad Valorem Millage Of 6.0909 Mills For General Operating
Purposes, Which Is Eight And Four-Tenths Percent (8.4%) More Than The "Rolled-Back" Rate Of
5.6184 Mills; And 2) The Debt Service Millage Rate Of 0.2568 Mills For Fiscal Year (FY) 2012/13.
5:01 p.m. Second Reading Public Hearing
(Office of Budget & Performance Improvement)
R7A2 A Resolution Adopting Final Budgets For The General, G.O. Debt Service, RDA Ad Valorem Taxes,
Enterprise, And Internal Service Funds For Fiscal Year (FY) 2012/13. 5:01 p.m. Second Reading
Public Hearing
(Office of Budget & Performance Improvement)
Commission Agenda, September 27, 2012
R7 - Resolutions (Continued)
R7B1 A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood
Improvement District Adopting The Final Ad Valorem Millage Of 1.1444 Mills For Fiscal Year (FY)
2012/13 For The Normandy Shores Local Government District, Which Is Thirteen And Seven-Tenth
Percent (13.7%) More Than The “Rolled-Back” Rate Of 1.0063 Mills. 5:02 p.m. Second Reading
Public Hearing
(Office of Budget & Performance Improvement)
R7B2 A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood
Improvement District Adopting The Final Operating Budget For Fiscal Year (FY) 2012/13. 5:02 p.m.
Second Reading Public Hearing
(Office of Budget & Performance Improvement)
R7C A Resolution Approving The Capital Improvement Plan For Fiscal Years (FY) 2012/13-2016/17 And
Appropriating The City Of Miami Beach Capital Budget For FY 2012/13. Joint City Commission and
Redevelopment Agency
(Budget & Performance Improvement)
R7D A Resolution Adopting Fiscal Year (FY) 2012/13 Budgets For Special Revenue Funds For Resort
Tax; The 7th Street Parking Garage Operations; The 5th & Alton Parking Garage Operations; Art In
Public Places (AiPP), Tourism And Hospitality Scholarship Program, Green/Sustainability Funds,
Waste Hauler Additional Services And Public Benefit Funds, Education Compact Funds, Red Light
Camera Funds, And Emergency 911 Funds.
(Budget & Performance Improvement)
Commission Agenda, September 27, 2012
R7 - Resolutions (Continued)
R7E Independent Contractor Agreements
1. A Resolution Authorizing The City Manager, On Behalf Of The City, To Enter Into Certain
Independent Contractor Agreements For Professional And Other Services, As Required And
As The City Manager Deems In The Best Interest Of The City, Subject To And Contingent
Upon The Following Parameters: 1) The City Manager Shall Only Enter Into Contracts For
Such Professional And Other Services To Provide Services And/Or Work Related To Vacant
Budgeted Positions, As Identified In The City’s Approved Fiscal Year (FY) 2012/2013 Annual
Budget; 2) The Amount Of The Fee And/Or Other Compensation To Be Paid By The City
Under Such Contract(s) Shall Not Exceed The Authorized Amount For The Respective
Position/Classification, As Set Forth, Respectively, In The City’s Classified Or Unclassified
Salary Ordinance (As The Case May Be); 3) The Term Of Any Independent Contractor
Agreement Authorized Herein Shall Not Extend Beyond The End Of FY 2012/2013
(September 30, 2013); 4) At A Minimum, The City Manager Shall Require That Any
Independent Contractor Agreement Entered Into Pursuant To This Resolution Shall Utilize
The City’s Standard Form For Independent Contractors (As Attached To This Resolution),
Provided That The City Manager May Incorporate Additional Terms, Which May Be More
Stringent Than The City’s Form, But Not More Lenient; And 5) Providing That The Authority
Granted To The City Manager Pursuant To This Resolution Shall Be Brought To The City
Commission For Renewal Annually As Part Of The Annual Operating Budget Approvals.
2. A Resolution Authorizing The City Manager, On Behalf Of The City, To Enter Into Certain
Independent Contractor Agreements For The Following Services, As Required And As The
City Manager Deems In The Best Interest Of The City: Dance Instruction; Ice Skating
Instruction; Athletics Instruction/Coaching; Aerobics Instruction; Fitness Instruction; Literacy,
Math And SAT Tutoring; Computer (IT) Services; School Liaison Officers; Resident Project
Representatives (RPR); Community Information Services; Construction Cost Estimating/
Consulting Services; Television Production Services; Videographer Services; Graphic
Designer Services; Program Monitor Services; Cost Allocation Service; Job Audits; Step III
Disciplinary Grievance Hearing Officer; Auditors; Historical Researcher; And Latent Examiner
Services; Provided Further That The City Manager Shall Be Authorized To Negotiate, Enter
Into, And Execute The Aforestated Agreements Subject To The Following Minimum
Parameters: 1) The Amount Of The Fee And/Or Other Compensation To Be Paid By The City
Under Such Agreement(s) Shall Not Exceed The Authorized Amount For The Respective
Services, As Set Forth In The City’s Approved Fiscal Year (FY) 2012/2013 Annual Budget; 2)
The Term Of Any Services Agreement Authorized Herein Shall Not Extend Beyond The End
Of FY 2012/2013 (September 30, 2013); 3) At A Minimum, The City Manager Shall Require
That Any Agreement Entered Into Pursuant To This Resolution Shall Utilize The City’s
Standard Form Independent Contractor Agreement (As Attached To This Resolution),
Provided That The City Manager May Incorporate Additional Terms, Which May Be More
Stringent Than The City’s Form, But Not More Lenient; And 4) Providing That The Authority
Granted To The City Manager Pursuant To This Resolution Shall Be Brought To The City
Commission For Renewal Annually As Part Of The Annual Operating Budget Approvals.
(Human Resources)
Commission Agenda, September 27, 2012
R7 - Resolutions (Continued)
R7F A Resolution Re-Affirming The New Living Wage Rates For Fiscal Year (FY) 2012-2013, In
Accordance With The Three Year “Phase-In” Approved Pursuant To Ordinance No. 2010-3682; With
Such Rates To Be Effective October 1, 2012 As Follows: $11.28 Per Hour With Contributions
Towards Health Benefits Of At Least $1.64 Per Hour, And $12.92 Per Hour Without Benefits.
(Procurement)
R7G A Resolution Authorizing The Appropriation Of $1,200,000 From Fiscal Year 2012/13 People's
Transportation Plan Funds And $49,515 From Fiscal Year 2012/13 South Beach Concurrency
Mitigation Funds, To Fund The Operating Budget For The South Beach Local In Miami Beach; And
Further Appropriating $275,000 From Fiscal Year 2012/13 People's Transportation Plan Funds For
Administrative And Technical Operating Expenditures, As Part Of The Five Percent (5%) Allowable
For Administrative Assistance And Technical Assistance.
(Public Works)
R7H A Resolution Amending Resolution 2010-27326, Increasing The Present Fire Rescue Transport Fees
From $500.00 To $800.00 For Basic Life Support, From $600.00 To $800.00 For Advanced Life
Support 1, $800.00 For Advanced Life Support 2 To Remain The Same, From $10.00 To $ 15.00 For
Mileage Per Mile Or Fraction Thereof, Implementing New Fees Of $175.00 For Auto Pulse Lifebands,
$100.00 For Rescue Pods, $100.00 For Defibrilation Pads, $100.00 For EZ-IO Needles, And $25.00
For Calls Requiring Special Handling (I.E. Extrication, Etc.), Charging Current Fees For All
Expendable Medical Supplies, With Services Not To Be Withheld Due To A Person’s Inability To Pay;
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 Modifying Specific Fees For The Daily Rental Of A Pavilion In North Shore Open
Space Park From $75.00 To $125.00 For Residents And $250.00 For Non-Residents; Modifying The
Current Hourly Fee Charged For City Of Miami Beach Parks And Recreation Department Staff
Assigned To Parties, Events And Rentals From $25.00 To $35.00; And Further Amending Resolution
No. 2007-26594, Which Established Rental Rates For The Byron Carlyle, Colony And Little Stage
(ACORN) Theaters; To Establish A $1.00 Per Ticket Facility Surcharge And A Ticket Revenue Share
Program, As Set Forth In This Resolution.
(Tourism & Cultural Development)
R7I A Resolution Adopting The Miami Beach Cultural Arts Council’s Fiscal Year 2012/13 Budget In The
Amount Of $1,164,000.
(Tourism & Cultural Development)
R7J A Resolution Accepting The City Manager’s Recommendation, And Approving The Cultural Arts
Council’s Funding Recommendations, And Awarding $650,000 In Cultural Arts Grants, For Fiscal
Year 2012/13, As Identified In The Attached Exhibit “A”; And Further Authorizing The Mayor And City
Clerk To Execute Said Grant Agreements, And Make The Award Of Said Grant Monies Subject To
And Contingent Upon The Approval Of The Cultural Arts Council’s Budget For The Fiscal Year
2012/13.
(Tourism & Cultural Development)
Commission Agenda, September 27, 2012
R7 - Resolutions (Continued)
R7K A Resolution Adopting And Approving The Miami Beach Visitor And Convention Authority (MBVCA)
FY 2012/13 Budget, In The Amount Of $2,594,692.
(Tourism & Cultural Development)
R7L A Resolution Approving An Allocation, In The Amount Of $585,501, From FY 12/13 General Fund
Account No. 011.0930; Said Allocation To Be Provided And Utilized By The Friends Of The Bass
Museum, Inc., For The Purpose Of Continuing To Fund And Provide Certain Operating Expenses At
The Bass Museum Of Art, Through September 30, 2013; And Further Authorizing The City Manager
To Execute A New Letter Agreement With The Friends Of The Bass Museum, Inc. Memorializing The
Parties’ Respective Obligations With Regard To Certain Management And Operation Responsibilities
Of The Bass Museum Through September 30, 2013.
(Tourism & Cultural Development)
R7M A Resolution Authorizing A Loan In An Aggregate Principal Amount Not To Exceed $50,000,000
Outstanding At Any Time From JPMorgan Chase Bank, N.A., To Pay Costs Of Capital Projects;
Authorizing The Execution And Delivery Of A Loan Agreement And Promissory Notes To Evidence
The Obligation Of The City To Repay Such Loan; Providing Security For The Repayment Of The
Loan; Authorizing Other Actions In Connection With The Loan And The Financing Program; And
Providing For An Effective Date.
(Finance Department)
R9 - New Business and Commission Requests
R9A Discussion Regarding Update On The Negotiations With Former City Manager Jorge Gonzalez.
(City Attorney’s Office)
End of Regular Agenda
Commission Agenda, September 27, 2012
Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 27, 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
Interim Executive Director Kathie G. Brooks
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, Adopting And Appropriating The Miami Beach Redevelopment Agency Capital
Budget For Fiscal Year (FY) 2012/13 And Adopting The Capital Improvement Plan For
2012/13 Through 2016/17. Joint City Commission and Redevelopment Agency
(Budget & Performance Improvement)
B A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency
Adopting And Appropriating The Operating Budget For The City Center Redevelopment Area,
The Anchor Shops And Parking Garage And The Pennsylvania Avenue Shops And Parking
Garage For Fiscal Year 2012/13.
(Budget & Performance Improvement)
End of RDA Agenda