20140930 titles agenda Special City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 30, 2014
Mayor Philip Levine
Vice-Mayor Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul Aguila
City Clerk Rafael E. Granado
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Call to Order - 5:00 p.m.
CONSENT AGENDA
C4 - Commission Committee Assignments
C4A Referral To The Land Use And Development Committee - Additional Modifications To
The Land Development Regulations Regarding Unit Size And Lot Coverage
Calculations For Accessory Structures Permitted In Single Family Home Districts, As
Part Of The Comprehensive Single Family Revisions Pending Before The Planning
Board.
(Requested by Commissioner Joy Malakoff)
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 Code should
be directed to the Office of the City Attorney.
Commission Agenda, September 30, 2014
REGULAR AGENDA
R5 - Ordinances
R5A Unclassified Salary Ordinance
An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance
Of The City Of Miami Beach, Florida, As Follows: Providing For The Classifications In Group
VII, Comprised Of At-Will Employees Commonly Referred To As “Unclassified Employees”;
Deleting The Obsolete Management And Budget Analyst I; Revising The Pay Range For The
Director Of The Office Of Communications, Building Records Supervisor And Management
And Budget Analyst; Establishing The Following Newly Created Classifications: Emergency
Management Director; Deputy Director Parks And Recreation; Management And Budget
Manager; Marketing, Tourism And Development Manager; CMBPD Chief Of Staff; Information
Technology Division Director; Grants Specialist; CMB Media Ambassador; Chief Roofing
Inspector And Procurement Contracting Officer; Requiring That The City Commission Be
Informed Whenever An Unclassified Employee Is Hired At An Annual Salary Of $150,000 Or
More; And Providing For Repealer, Severability, And An Effective Date. 5:05 p.m. Second
Reading Public Hearing
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Human Resources)
(First Reading on September 17, 2014 - R5C)
R5B An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled
“Administration,” By Amending Article VI, Entitled “Procurement,” By Amending Division 6,
Entitled “Living Wage Requirements For Service Contracts And City Employees,” By
Amending Section 2-408, Entitled “Living Wage,” By Increasing The Living Wage Rate By 3%
For Fiscal Year 2014-2015 And Deleting Phase In Language That Is Outdated Due To The
Passage Of Time; Providing For Repealer, Severability, Codification, And An Effective Date.
5:06 p.m. Second Reading Public Hearing
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Procurement)
(First Reading on September 10, 2014 - R5K)
R5C An Ordinance Amending Chapter 110 Of The Miami Beach City Code Entitled “Utilities,”
Amending Article IV, Entitled "Fees, Charges, Rates And Billing Procedure;” Amending Division
2, Entitled “Rates, Fees And Charges," By Amending Section 110-166, Entitled” Schedule Of
Water Rates And Tapping Charges,” And Section 110-168, Entitled “Sanitary Sewer Service
Charge,” To Adjust Water And Sanitary Sewer Rates By The Same Percentage Enacted By
Miami-Dade Water And Sewer Department (WASD); And Also Amending Appendix A To Chapter
110, Entitled “Fee Schedule” To Increase The Water Rates And Sanitary Sewer Service Charges
Imposed By The City Pursuant To Sections 110-166 And 110-168; Providing For Codification,
Repealer, Severability, And An Effective Date. 5:07 p.m. Second Reading Public Hearing
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Public Works)
(First Reading on September 10, 2014 - R5L)
Commission Agenda, September 30, 2014
R5 - Ordinances (Continued)
R5D Transfer Of Variance And Flood Plain Waiver Authority To The Design Review Board And
Historic Preservation Board
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 118, “Administrative And Review Procedures,” Article VIII, “Procedure For Variances And
Administrative Appeals,” Section 118-351, “Determination Of Jurisdiction,” Section 118-352,
“Procedure;” Article II, “Boards,” Division 3, “Design Review Board,” Section 118-71, “Powers
And Duties;” Division 4, “Historic Preservation Board,” Section 102, “Powers And Duties;” Division
5, “Board Of Adjustment,” Section 118-136, “Powers And Duties;” To Amend The Jurisdiction Of
The Boards Of Adjustment, Design Review, And Historic Preservation By Authorizing The Design
Review And Historic Preservation Boards To Grant Variances Presented In Applications Within
Their Respective Jurisdictions, Amending The Authority Of The Board Of Adjustment To Reflect
That Changed Authorization, And To Transfer The Authority Of The Board Of Adjustment Acting
As The Flood Plain Management Board To The Design Review And Historic Preservation Boards,
To Authorize Such Boards To Grant Variances From The Flood Plain Ordinance For Applications
Within Their Respective Jurisdictions; Providing For Repealer; Codification; Severability And An
Effective Date (Reconsideration of Effective Date to December 1, 2014). 5:10 p.m. Second
Reading Public Hearing
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(Continued from September 17, 2014 - R9C)
R5E An Ordinance Amending Chapter 74 Of The Code Of The City Of Miami Beach, Florida, Entitled
“Peddlers And Solicitors,” By Amending Article I, Entitled “In General,” By Amending Section 74-
1, Entitled “Soliciting Business In Public From Pedestrians,” To Prohibit Commercial Solicitation
In Certain Areas; Providing For Repealer, Severability, Codification, And An Effective Date. First
Reading
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: City Attorney’s Office)
R5F An Ordinance Amending Chapter 46 Of The Code Of The City Of Miami Beach, Florida, Entitled
“Environment,” By Amending Article III, Entitled “Litter,” By Amending Division 1, Entitled
“Generally,” By Amending Section 46-92(a), Entitled “Definitions,” By Adding A Definition For The
Term “Right-Of-Way,” By Amending Section 46-92(g), Entitled “Prohibition On Commercial
Handbill Distribution,” By Amending The Regulations And Prohibitions For The Distribution Of
Commercial Handbills; Providing For Repealer, Severability, Codification, And An Effective Date.
First Reading
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: City Attorney’s Office)
Commission Agenda, September 30, 2014
R7 - Resolutions
R7A1 Adopt Final Ad Valorem Millage for General Operating Purposes And Debt Service Millage
A Resolution Adopting: 1) The Final Ad Valorem Millage Of 5.7942 Mills For General Operating
Purposes, Which Is Thirteen And Four-Tenths Percent (13.4%) More Than The "Rolled-Back"
Rate Of 5.1076 Mills; And 2) The Debt Service Millage Rate Of 0.2295 Mills. 5:01 p.m. Second
Reading Public Hearing
(Budget & Performance Improvement)
(First Reading on September 10, 2014 - R7A1)
R7A2 Adopt Final Budgets For General, G.O., RDA, Enterprise, Internal Service, And Special Revenue
Funds
A Resolution Adopting Final Budgets For The General, G.O. Debt Service, RDA Ad Valorem
Taxes, Enterprise, Internal Service Funds, and Special Revenue Funds For Fiscal Year 2014/15.
5:01 p.m. Second Reading Public Hearing
(Budget & Performance Improvement)
(First Reading on September 10, 2014 - R7A2)
R7B1 Adopt Final Ad Valorem Millage for Normandy Shores Local Government
A Resolution Of The Board Of Directors Of The Normandy Shores Local Government
Neighborhood Improvement District Adopting The Final Ad Valorem Millage Rate Of 1.1305 Mills
For Fiscal Year (FY) 2014/15 For The Normandy Shores Local Government District, Which Is
One Percent (1.0%) Less Than The “Rolled-Back” Rate Of 1.1391 Mills. 5:02 p.m. Second
Reading Public Hearing
(Budget & Performance Improvement)
(First Reading on September 10, 2014 - R7B1)
R7B2 Adopt Final Operating Budget For Normandy Shores Local Government
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)
2014/15. 5:02 p.m. Second Reading Public Hearing
(Budget & Performance Improvement)
(First Reading on September 10, 2014 - R7B2)
R7C Adopt Final FY 2014/15-2018/19 Capital Improvement Plan & Capital Budget
A Resolution Adopting The Final Capital Improvement Plan For Fiscal Years (FY) 2014/15-2018/19
And Adopting The City Of Miami Beach Final Capital Budget For FY 2014/15. 5:03 p.m. Second
Reading Public Hearing/Joint City Commission & Redevelopment Agency
(Budget & Performance Improvement)
(First Reading on September 10, 2014 - R7C)
Commission Agenda, September 30, 2014
R7 - Resolutions (Continued)
R7D A Resolution Appropriating $651,000 From FY 2014/15 General Fund Account No. 011.0930;
Said Appropriation To Be Provided To And Utilized By The Friends Of The Bass Museum, Inc.
For The Purpose Of Continuing To Fund And Provide Certain Operating Expenses; And
Authorizing The City Manager To Execute A 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,
2015.
(Tourism, Cultural & Economic Development)
R7E A Resolution Pertaining To The City Construction Project Referred To As The “Sunset Harbour
Pump Station’s Retrofit And Drainage Improvements Project” (Project) And, With Respect To The
Project, Accepting The Findings And Recommendation Of The City Manager In Declaring An
Emergency Pursuant To Subsection 287.055(9)(c)(6), Florida Statutes; And, As Permitted
Pursuant To Section 2-367(e) Of The City Code, Waiving, By 5/7th Vote, The Competitive
Bidding Requirements, Finding Such Waiver To Be In The Best Interest Of The City; And
Authorizing The City Manager To Take The Following Actions To Procure The Necessary
Emergency Design And Construction Services For The Project, Pursuant To A Negotiated
Design-Build Contract: 1) Prepare, Whether Through The City’s Public Works Department Or
Through Retention Of An Outside Design Criteria Professional, As Determined By The City
Manager, A Design Criteria Package (DCP) Which Complies With The Specifications Set Forth
Under Section 287.055(2)(j), Florida Statutes; 2) Upon Completion Of The DCP, Authorizing The
City Manager To Negotiate And, If Successful, Execute A Design-Build Contract, With A
Guaranteed Maximum Price (GMP) For The Remaining Water, Stormwater, Landscape And
Streetscape Improvements For The Project, With The Firm Of Lanzo Contruction, Co. (Lanzo),
Who, As The City’s Contractor Currently Working On The Project Under The Construction
Contract Authorized Pursuant To Invitation To Bid No. 060-2013TC (ITB); And 3) Further
Authorizing The City Manager To Terminate, For Convenience, The Remaining Portion Of The
Current Construction Contract With And Requiring That, As A Condition Of The Negotiated
Design-Build Contract, A Release Of All Claims Against The City Under The Former Contract;
Where The Combined Sum Of The Negotiated Design-Build GMP And The Amount Negotiated
As Part Of The Settlement Of The Existing Contract Shall Not Exceed $6,836,940.74 Which
Includes The $2,586,940.74 Construction Award Value Of The Current Lanzo Construction
Contract And The Proposed Design/Build Amount Of $4,250,000.
(Public Works)
(Continued from September 17, 2014 - R7F)
R7F A Resolution Accepting The Recommendation Of The City Manager To Reject The Single
Proposal Received, Pursuant To Request For Proposals (RFP) No. 2014-290-YG For The
Design, Manufacture And Installation Of A Removable/Retractable Canopy At The North Beach
Band Shell And Authorize The Issuance Of A New RFP.
(Tourism, Cultural & Economic Development/Procurement)
Commission Agenda, September 30, 2014
R7 - Resolutions (Continued)
R7G A Resolution Authorizing The Administration To Develop A New Program For Expedited Lien
Searches With A Turn-Around Time Of One Business Day; Charging Customers $250.00 For An
Expedited Certified Lien Search And $300.00 For An Expedited Certified Lien Search Including
The Common Area.
(Finance)
R7H A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order
No. 2 To The Agreement With Bergeron Land Development, Inc., Dated April 30, 2014 (The
Agreement), Related To The Completion Of Roadway Improvements Along 6th Street And West
Avenue Between 5th And 6th Streets And A New Seawall At 14th Street, Further Increasing The
Cost Of The Agreement To $3,006,544.
(Public Works)
R9 - New Business and Commission Requests
R9A Discussion Regarding Planning Department Evaluation Of The Fee ln Lieu Of Parking Program
("PIF").
(Planning)
(Continued from September 17, 2014 - R9F)
(Memorandum to be Submitted in Supplemental)
R9B Authorization Of Scope Of Services For Zyscovich, Inc. For Washington Avenue Vision And
Master Plan Analysis - Phase II.
(City Manager’s Office)
End of Agenda
Commission Agenda, September 30, 2014
Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 30, 2014
Chairperson of the Board Philip Levine
Member of the Board Michael Grieco
Member of the Board Joy Malakoff
Member of the Board Micky Steinberg
Member of the Board Edward L. Tobin
Member of the Board Deede Weithorn
Member of the Board Jonah Wolfson
Executive Director Jimmy L. Morales
Assistant Director Joe Jimenez
General Counsel Raul Aguila
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 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 2014/15.
(Tourism, Cultural & Economic Development)
B A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment
Agency (RDA), Adopting And Appropriating The Miami Beach Redevelopment Agency
Capital Budget For Fiscal Year (FY) 2014/15 And Adopting The Capital Improvement Plan
For Fiscal Years 2014/15 Through 2018/19. Joint City Commission & Redevelopment
Agency
(Tourism, Cultural & Economic Development)
End of RDA