City of Miamiegov.ci.miami.fl.us/meetings/2011/4/2202_M_City... · 2011. 5. 10. · City Commission...
Transcript of City of Miamiegov.ci.miami.fl.us/meetings/2011/4/2202_M_City... · 2011. 5. 10. · City Commission...
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Thursday, April 14, 2011
9:00 AM
Meeting Minutes
City of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
City Hall Commission Chambers
City Commission
Tomas Regalado, Mayor
Wifredo (Willy) Gort, Chairman
Frank Carollo, Vice-Chairman
Marc David Sarnoff, Commissioner District Two
Francis Suarez, Commissioner District Four
Richard P. Dunn II, Commissioner District Five
Tony E. Crapp Jr., City Manager
Julie O. Bru, City Attorney
Priscilla A. Thompson, City Clerk
REGULAR
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Meeting Minutes April 14, 2011City Commission
CONTENTS
PR - PRESENTATIONS AND PROCLAMATIONS
MV - MAYORAL VETOES
AM - APPROVING MINUTES
CA - CONSENT AGENDA
PH - PUBLIC HEARINGS
EM - EMERGENCY ORDINANCE
SR - SECOND READING ORDINANCES
RE - RESOLUTIONS
BC - BOARDS AND COMMITTEES
DI - DISCUSSION ITEMS
ES. EXECUTIVE SESSION
MAYOR AND COMMISSIONERS' ITEMS
M - MAYOR'S ITEMS
D1 - DISTRICT 1 ITEMS
D2 - DISTRICT 2 ITEMS
D3 - DISTRICT 3 ITEMS
D4 - DISTRICT 4 ITEMS
D5 - DISTRICT 5 ITEMS
Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting.
"[Later...]" refers to discussions that were interrupted and later continued.
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9:00 A.M. PRESENTATIONS AND PROCLAMATIONS
11-00331
PR.1 PRESENTATION
Honoree Presenter Protocol Item
Water Conservation Mayor Regalado Proclamation
Rasha Cameau Commissioner Dunn Certificate
of Appreciation
11-00331 Protocol Items.pdf
PRESENTED
1) Mayor Regalado presented a proclamation in recognition of Water Conservation Month,
recognizing the importance of clean and sustainable water resources which are vital to
Florida's environment, economy, and quality of life.
2) Commissioner Suarez presented a proclamation in commemoration of the heroism and
sacrifice displayed by Assault Brigade 2506 during the Bay of Pigs invasion on April 17, 1961;
wherein, for three consecutive days, the 1,500 soldiers of Assault Brigade 2506 held the
beachhead at the Bay of Pigs until ammunition ran out; therefore, it is just and appropriate to
commend these patriots for remaining steadfast in their determination to stay vigilant regarding
the exercise of liberty in their homeland where they seek to establish a democracy that values
individual freedoms and promotes the general welfare of the people.
3) Commissioner Suarez presented Certificates of Commendation to the Special Victims Unit of
the City of Miami Police Department, applauding the Unit's diligence, hard work, and
dedication to reducing crime in our community by quickly apprehending and prosecuting
violent sexual battery offenders, resulting in a dramatic reduction of reported assaults
throughout the City.
4) Commissioner Suarez presented Certificates of Commendation to the City of Miami Police
Department's Robbery Unit, Tactical Robbery Unit, and Felony Apprehension Team,
commending their diligence, hard work, and dedication to reducing crime in our community by
quickly apprehending and prosecuting robbery offenders, resulting in a dramatic reduction of
reported robberies throughout the City.
5) Commissioner Dunn presented a Certificate of Appreciation to Christine Octave, paying
tribute to Ms. Octave's 29 years of excellent work performance, and high level of
professionalism in a City of Miami career path that has included service in the Police
Department and Solid Waste Department; the City of Miami applauds her outstanding
commitment and work ethic and wishes her continued success.
6) Commissioner Dunn presented a Certificate of Appreciation to Rasha Cameau, paying
tribute to Ms. Cameau's excellent work performance, and high level of professionalism in a City
of Miami career path that has included service as Facility Manager of the Little Haiti Cultural
Center, Administrator for the Neighborhood Enhancement Team in the District embodying
Little Haiti, and Administrative Aide in the Office of former Mayor Joe Carollo; the City of
Miami honors her outstanding community work and outreach within the City and wishes her
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Meeting Minutes April 14, 2011City Commission
continued success.
Chair Gort: At this time we're going to have proclamations. Welcome, Commissioner Dunn.
Commissioner Dunn: Thank you, sir.
Presentations made.
INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez
and Commissioner Dunn II
On the 14th day of April 2011, the City Commission of the City of Miami, Florida, met at its
regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular
session. The meeting was called to order by Chair Gort at 9:35 a.m., recessed at 12:16 p.m.,
reconvened at 2:45 p.m., recessed for the Executive Session at 2:46 p.m., reconvened from the
Executive Session at 3:51 p.m., recessed at 4:09 p.m., reconvened at 4.22 p.m., and adjourned
the meeting at 6:07 p.m.
Note for the record: Commissioner Dunn entered the chambers at 9:37 a.m.
ALSO PRESENT:
Julie O. Bru, City Attorney
Tony E. Crapp, Jr., City Manager
Priscilla A. Thompson, City Clerk
Chair Gort: (INAUDIBLE) meeting of the City of Miami Commission. With me, the members
of the City Commission, Cochair Frank Carollo, Commissioner Marc Sarnoff, Commissioner
Francis Suarez, and myself, Wifredo Gort, Chairperson. Also on the dais we have Tony Crapp,
Jr., City Manager; Julie O. Bru, the City Attorney; and Priscilla A. Thompson, City Clerk.
This meeting will be opened with a prayer by Commissioner Sarnoff, and we'll have the pledge
of allegiance by Vice Chairman Carollo. In addition, in celebration of National Poetry Month,
we will open the Commission meeting with a poem being read by Commissioner Suarez and
closing the meeting with a poem being read by Commissioner Dunn.
Invocation and pledge of allegiance delivered.
Chair Gort: Commissioner Suarez.
Commissioner Suarez: Thank you, Mr. Chairman. I guess -- I have two, but I guess I'll choose
one of the two.
Vice Chair Carollo: You can do two.
Commissioner Suarez: I can do two?
Chair Gort: You can do two.
Commissioner Suarez: Okay. Well, hey. Okay, great, then I'll do both.
Chair Gort: Do two.
Commissioner Suarez: One of them is the poem “Eldorado” by Edgar Allan Poe. And the
poem goes “Gaily bedight, A gallant knight, In sunshine and in shadow, Had journeyed long,
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Singing a song, In search of Eldorado. But he grew old - This knight so bold - And o'er his
heart a shadow Fell as he found No spot of ground That looked like Eldorado . And, as his
strength Failed him at length, He met a pilgrim shadow - “Shadow,” said he, "Where can it be -
This land of Eldorado?” “Over the mountains Of the Moon, Down the Valley of the Shadow,
Ride, boldly ride,” The shade replied - “If you seek for Eldorado!” And the other one is a
poem -- I think it's been publicized recently in a movie, and the poem's name is “Invictus.”
“Out of the night that covers me, Black as the Pit from pole to pole, I thank whatever gods may
be For my unconquerable soul. In the fell clutch of circumstance I have not winced nor cried
aloud. Under the bludgeonings of chance My head is bloody, but unbowed. Beyond this place
of wrath and tears Looms but the Horror of the shade, And yet the menace of the years Finds,
and shall find, me unafraid. It matters not how strait the gate, How charged with punishments
the scroll. I am the master of my fate: I am the captain of my soul.”
Chair Gort: Thank you, Commissioner.
Commissioner Suarez: Thank you, Mr. Chairman.
MAYORAL VETOES
NO MAYORAL VETOES
Chair Gort: At this time, do we have any vetoes?
Priscilla A. Thompson (City Clerk): No, sir, we do not have any mayoral vetoes.
APPROVING THE MINUTES OF THE FOLLOWING MEETING:
Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, to APPROVED
PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
Chair Gort: Do we have any -- motion for the minutes. Do we have any minutes?
Vice Chair Carollo: I make a motion for -- to approve the minutes of the March 10, 2011
meeting.
Chair Gort: Okay. There's a motion. Is there a second?
Commissioner Sarnoff: Second.
Chair Gort: Second. Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Priscilla A. Thompson (City Clerk): Thank you.
Chair Gort: Thank you.
END OF APPROVING MINUTES
ORDER OF THE DAY
Chair Gort: We will now begin the regular meeting. The City Attorney will state the procedure
for the meetings [sic].
Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Madam
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City Clerk, Mr. Manager, Mr. Mayor. Any person who's a lobbyist must register with the City
Clerk before appearing before the City Commission. A copy of the Code section about
lobbyists is available in the City Clerk's office. The material for each item on the agenda is
available during business hours and at the City Clerk's office and online at
www.miamigov.com. Anyone who wishes to appeal any decision made by the City Commission
for any matter considered at this meeting may need a verbatim record of the item. No cell
phones or any kind of noisemaking devices. Please silence them now. Any person making
offensive remarks or who becomes unruly in the Commission chambers will be barred from
further attending Commission meetings. Any person with a disability who requires auxiliary
aids, please contact the City Clerk. Notify her now. And the Chair will announce when the
meeting will break for lunch and so forth and so on. We also have scheduled at this meeting an
executive session that is scheduled to commence sometime after 2 p.m.
Chair Gort: Okey-doke. Thank you.
[Later...]
Chair Gort: At this time, we have any agenda -- any item wants to be pulled from the agenda?
Tony E. Crapp, Jr. (City Manager): Yes, sir, Mr. Chairman and members of the Commission.
The Administration requests to withdraw item SR.1 and item RE.1.
Chair Gort: SR.1 and?
Mr. Crapp: SR.1 and RE.1.
Chair Gort: RE.1.
Mr. Crapp: We also request that CA.4 be pulled for a clarification.
Chair Gort: Okay. Any of the Commissioners would like to pull any items?
Commissioner Dunn: Mr. Chairman.
Chair Gort: Yes.
Commissioner Dunn: CA.1, would like to defer that.
Vice Chair Carollo: Defer?
Commissioner Dunn: Yes.
Chair Gort: Can we make a motion on all together or you want to make one on the --?
Vice Chair Carollo: Without the items that are pulled.
Priscilla A. Thompson (City Clerk): We can do it all together. But on the deferral, do you have
a date in mind, sir?
Commissioner Dunn: The next possible meeting.
Ms. Thompson: That would be the 28th, April.
Commissioner Dunn: That's fine.
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Chair Gort: Twenty-eighth. And your items, when would you like to bring them back, Mr.
Manager?
Mr. Crapp: Oh, they're withdrawn.
Vice Chair Carollo: They're withdrawn.
Chair Gort: They're withdrawn.
Mr. Crapp: Yes, sir.
Vice Chair Carollo: I make a motion for the withdrawals and the deferrals.
Chair Gort: There's a --
Commissioner Sarnoff: Second.
Chair Gort: -- motion. Is there a second?
Commissioner Sarnoff: Second.
Chair Gort: Is any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Chair Gort: Okay.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes.
Vice Chair Carollo: I would like to pull CA.5.
Chair Gort: CA.5. Anyone else? Okay. Do I have a motion to approve the --?
Ms. Thompson: Excuse me. Before we move on -- I'm sorry -- Chair, I do have in my hands a
substitution for CA.11. And if there is a substitution, that would need to be pulled for the
discussion as well, CA.11.
Vice Chair Carollo: Okay, I pull CA.11 also.
Ms. Thompson: Okay.
Chair Gort: Okay. So CA.4, CA.5, and CA.11.
Commissioner Sarnoff: Second.
Chair Gort: Okay, it's been moved --
Vice Chair Carollo: We don't need a motion.
Chair Gort: We don't need a motion. We'll bring it back.
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CONSENT AGENDA
11-00221
CA.1 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID
RECEIVED JANUARY 26, 2011, PURSUANT TO INVITATION FOR BID NO.
257238, FROM SMORACY, LLC, THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF ONE (1)
COMMERCIAL GRINDER, FOR THE SOLID WASTE DEPARTMENT, IN THE
AMOUNT OF $391,883.75; ALLOCATING FUNDS FROM ACCOUNT CODE
39000.212000.664000.0000.00000.
Department of Solid
Waste
11-00221 Summary Form.pdf
11-00221 Award Recommendation Form.pdf
11-00221 Justification Award-Contract.pdf
11-00221 Tabulation of Bids.pdf
11-00221 Invitation for Bid.pdf
11-00221 Legislation.pdf
Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, that this matter be
DEFERRED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0151
Note for the record: Item CA.1 was deferred to the Commission Meeting scheduled for April 28,
2011.
__________________________________________________________________
Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be
RECONSIDERED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
__________________________________________________________________
Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
Commissioner Dunn: Mr. Chairman.
Chair Gort: Yes.
Commissioner Dunn: Earlier I asked to defer item CA.1. I now understand -- I would like to
ask that we -- that I reconsider -- that we reconsider that motion to defer it, CA.1.
Vice Chair Carollo: The trash -- or the garbage --
Commissioner Dunn: Yes.
Chair Gort: CA.1.
Vice Chair Carollo: -- (UNINTELLIGIBLE) truck?
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Commissioner Dunn: Yes.
Chair Gort: Solid Waste Department. Okay, there's a motion to defer. Is there a second?
Commissioner Dunn: No, no, a motion to reconsider the deferral.
Chair Gort: To reconsider, okay.
Vice Chair Carollo: To reconsider.
Commissioner Sarnoff: Second the reconsideration.
Chair Gort: Second --
Vice Chair Carollo: CA.1.
Chair Gort: All in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Dunn: Now, if I may -- okay. Oh, he's coming. Go ahead.
Frederick Hobson: Fred Hobson, former Solid Waste director. This is a resolution accepting
the bid for the procurement of a commercial grinder to be used at the Virginia Key mulching
facility. The equip -- the grinder we have there now is old and it's constantly breaking down,
and this is a grinder that we desperately need. As a matter of fact, the -- if we are able to -- if
you approve it, they agree to give us a loaner until we receive that grinder.
Commissioner Dunn: Mr. Chairman.
Chair Gort: Yes.
Commissioner Dunn: Now this is a part of -- this is no -- this will be a part of the vote that we
took back in the fall for these kind of things to -- for equipment and that kind --
Mr. Hobson: Yes.
Commissioner Dunn: Am I correct?
Mr. Hobson: Yes.
Chair Gort: My understanding it was the projections of income that was going to be derived
from this facilities [sic]?
Mr. Hobson: Can you repeat that, Commissioner?
Chair Gort: My understanding, there was an amount of revenues that was going to be produced
by this facility. There was some projections. Where are we at with that?
Mr. Hobson: The -- we are on -- there're a couple of projections. We anticipated a savings of a
quarter -- half a million dollars. Right now we're ahead of that one. We anticipate that by the
end of the year, with the up and coming hurricane season, we'll probably beat that by about
100,000. Unfortunately, the projection for the revenue, we had a problem with that because
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Coral Gables was one of the cities that signed on and they -- somehow they were able to get out
of the agreement. We're in the process of working with two other cities. Right now we still have
North Miami, but the anticipated amount from North Miami is not as good as we thought it
would be, but we're in the process of negotiating with two other cities.
Chair Gort: All right.
Tony E. Crapp, Jr. (City Manager): Can I expound on that, Mr. Chairman?
Chair Gort: Yes.
Mr. Crapp: The main objective for the facility at Virginia Key was to save money --
Chair Gort: Right.
Mr. Crapp: -- to take our clean yard trash out to Virginia Key to avoid additional tipping fees
at the County. We did go beyond that and attempt to generate revenue, and we still do have the
agreement with North Miami. Obviously, if you all recall, Coral Gables had the option to go
with us or Waste Management, and when you compete with the private sector, sometimes you
lose competition, so they got a better deal with Waste Management. What we did in order to
counter that, we began to take additional clean yard trash that we produced to Virginia Key in
order to generate additional savings. Now, this piece of equipment was one that we spoke of
when we came to you and asked for the additional solid waste fee. It's the first piece of
equipment that we purchased, and basically in order for us to continue to save money, we need
to get this equipment. Because like the director said, the grinder that we have now is very old.
It's breaking down constantly. It's going to be out for the next two weeks -- we just got that
news today -- and we are continuing to save money on a daily basis because we're taking our
own clean yard trash out there daily.
Chair Gort: Now, Mr. Manager, I appreciate that. I think that was the main reason to do it, to
reduce the cost to the City of Miami, but at the same time, I think we had made some
projections of income coming because we -- let's face it, we got to look for income. We got to
use for continued revenues, not one-time shots. We can't do that.
Mr. Crapp: Definitely.
Chair Gort: So, okey-doke. Thank you. Any other questions? Discussion?
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes, sir.
Vice Chair Carollo: I'll make a motion to move it.
Commissioner Dunn: Second.
Chair Gort: Been moved by Commissioner -- Vice Chairman Carollo, second by Commissioner
Dunn. Any further discussion?
Vice Chair Carollo: It's a hard day. I know, I know.
Chair Gort: Any further discussion? Being none --
Vice Chair Carollo: Helping you out there.
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Chair Gort: -- all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Dunn: I'm almost in shock there. It took me a second that you --
11-00266
CA.2 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID
RECEIVED FEBRUARY 28, 2011, PURSUANT TO INVITATION FOR BID NO.
249236, FROM SAFELITE FULFILLMENT, INC. D/B/A SAFELITE
AUTOGLASS, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER,
FOR THE PROVISION OF AUTO AND TRUCK GLASS REPLACEMENT, ON
AN AS-NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT
PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2)
ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE
VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND
AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY
APPROVAL AT THE TIME OF NEED.
Department of
General Services
Administration
11-00266 Summary Form.pdf
11-00266 Award Recommendation Approval Form.pdf
11-00266 Tabulation of Bid.pdf
11-00266 Sourcing 1.pdf
11-00266 Bid Security List.pdf
11-00266 Detail Entity Name.pdf
11-00266 Invitation for Bid .pdf
11-00266 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0144
11-00267
CA.3 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE TOWN OF DAVIE, IN SUBSTANTIALLY THE
ATTACHED FORM, FOR THE PURCHASE OF ONE (1) TRACTOR AND ONE
(1) TRAILER, COLLECTIVELY CALLED "SPECIALTY RESCUE VEHICLE",
FOR THE URBAN SEARCH AND RESCUE TEAM, IN THE AMOUNT OF
$250,000; ALLOCATING FUNDS FROM PTAEO 18.180017.03.1659.
EQUIPMENT.184010 - FISCAL YEAR 2008-2009 STATE HOMELAND
SECURITY PROGRAM.
Department of
Fire-Rescue
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11-00267 Summary Form.pdf
11-00267 Letter of Intent SFUS&R.pdf
11-00267 Email Davie Tractor Trailer.pdf
11-00267 Davie Fire Rescue Dept Letter.pdf
11-00267 Quotation for Used Fire Apparatus.pdf
11-00267 Invoice Hall-Mark Fire Apparatus.pdf
11-00267 Quotation Emergency Vehicle, Inc.pdf
11-00267 Modification #1 Grant Agreement.pdf
11-00267 Pre-Attachments.pdf
11-00267 Legislation.pdf
11-00267 Exhibit 1.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0145
11-00268
CA.4 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING A
MIAMI-DADE COUNTY ("COUNTY") PUBLIC AWARENESS CAMPAIGN
CARRIED OUT BY THE COUNTY HOMELESS TRUST, WHICH WOULD
INCLUDE THE DESIGN, INSTALLATION AND MAINTENANCE OF
COLLECTION DEVICES (DONATION METERS) TO BE PLACED, AS
PERMITTED BY LAW, THROUGHOUT THE COUNTY TO ENABLE
INDIVIDUALS TO CONTRIBUTE TO THE COUNTY'S HOMELESS
PROGRAMS AND SERVICES; FURTHER SUPPORTING THE PLACEMENT
OF SAID COLLECTION DEVICES ON CITY OF MIAMI AND COUNTY
MAINTAINED RIGHTS-OF-WAY WITHIN THE CORPORATE LIMITS OF THE
CITY OF MIAMI, FLORIDA.
Department of Public
Works
11-00268 Summary Form.pdf
11-00268 Memorandum from Miami-Dade County.pdf
11-00268 Legislation.pdf
11-00268-Email-Amendment to Agenda Item CA.4 from the April 14, 2011 Commission Meeting.pdf
Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be
ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0152
Chair Gort: CA.4.
Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. CA.4 is being
substituted with minor amendments. The clarification on amendment is actually underlined,
just about four (UNINTELLIGIBLE). This resolution is to support the Miami-Dade County
Public Awareness campaign, being carried out by Miami-Dade County Homeless Trust that will
require the design, installation, and maintenance of collection devices. These are donation
meters to be placed throughout the Miami-Dade County, including both the City and
Miami-Dade County public right-of-ways [sic] within the municipality of the City of Miami to
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Meeting Minutes April 14, 2011City Commission
enable individuals to contribute to the Miami-Dade County's homeless programs and services.
This is an alternative strategy to panhandling and would include the placement of these
collection devices that would mirror the erstwhile parking meters. This is subject to applicable
laws. Locations will be inspected by the City to make sure we differentiate the locations from
the usual typical parking meters to avoid confusion.
Commissioner Sarnoff: So move.
Chair Gort: It's been moved --
Vice Chair Carollo: Second.
Chair Gort: -- second. For discussion. My question -- anyone else --? My question is the --
and I'm all in favor of it, but what's going to be the security of it and where will these boxes be
located and what are we doing to make sure people don't steal it?
Mr. Ihekwaba: This is going to be under the purview of Miami-Dade County Homeless Trust,
and I believe I have Mr. David Raymond to be here --
Chair Gort: Mr. Raymond, welcome.
Mr. Ihekwaba: -- to answer your questions.
Chair Gort: Please state your name and address.
David Raymond: Good morning, Mr. Chair, Commission, Mr. Manager. David Raymond,
Miami-Dade County Homeless Trust, 111 Northwest 1st Street, 27th Floor, Miami, Florida.
And first of all, thank you for taking this item up. We greatly appreciate the partnership that we
have with the City and the leadership that you all have had with your homeless programs,
which are model programs in the country in terms of outreach. The meter campaign, we've
been working on this for a little over a year, and we have meters that have been designed by
Romero Britto. You may have seen them around already --
Chair Gort: Right.
Mr. Raymond: -- on our transit properties. What we're trying to do at this point is to expand
them obviously into the rest of the City and to work closely with the City, not only your
Planning and Zoning Department, but also with the DDA (Downtown Development Authority)
who we will also be working with in terms of the location. We want to make sure that everybody
is fine with this. The meters are -- have been installed so far by either the Miami Parking
Authority or by contract staff that we have obtained through the Parking Authority . In terms of
security, that was one of the questions that our County Commission had, and they said won't
people be breaking into these and won't they be trying to get the money out of them. That
hasn't really happened to any great degree. What does happen on occasion -- and this happens
with the regular parking meters as well -- is that people will jam them with some paper so that
you can put a few coins in and then they'll pull that out, but nobody's broken in or stolen any or
done anything like that. We do actually employ a public relations firm, and when we brought
this up with them, they said we can't wait for the first one to get broken into or stolen 'cause it'll
make a great story and you'll get more donations. But so far that has not happened. We
haven't had any problems with that in any way yet this year.
Chair Gort: I think it's very important, especially if we can inform the community to let them
know that depositing their monies in there they're going to help a lot more than instead of
giving it directly to the individual because those funds, my understanding, they're going to be
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Meeting Minutes April 14, 2011City Commission
used to help all those homeless and the assistance facilities that you have.
Mr. Raymond: Yes, sir, Mr. Chairman. One of the things that we're also trying to do -- and I'm
sorry; I only had one sitting in my briefcase. If I may, Madam Clerk. We've just printed out
these coasters that support the campaign. These match the signs that are going up on the floor,
which we also just did, 'cause people are walking by the meters. And my son's girlfriend who
goes to Miami Dade in downtown came up to me and said, "You know, my friends are talking
about them and they said they didn't know what they are. They need like instruction." So we
have floor signs now that are going up that are small, non-skid signs to let people know, you
know, feed the meter; change a life. We have these coasters that are printed out. We're again
going to be working with the DDA and with local restaurants to put those in . We'll give them
the free coasters. And as people sit there, you know, having a drink or whatever at some of the
places downtown, it will promote the campaign. And one thing that we found with the police
department, we looked at the arrest records for panhandling over the first nine months of last
year. We had arrest data on 451 people arrested for panhandling in downtown since the
passage of the new ordinance that came out. Of those 451 people, 115 were homeless, so one
out of four -- only one out of four people being arrested in downtown for panhandling is in fact
homeless. So many of the people that are being arrested are in fact people who are low-income
people and people who are taking the money for drugs and alcohol and other things , but it's not
strictly a homeless problem. In fact, if anything, the homeless population is a smaller part of it .
But we think it's huge to build public awareness around this issue, and we greatly appreciate the
partnership with the City to be able to do this.
Chair Gort: Thank you.
Mr. Raymond: Thank you, sir.
Chair Gort: Any further discussion? Yes, sir.
Commissioner Dunn: Well, I certainly like the concept and the idea. It's very tasteful and it
sort of flows with our regular meters and any -- it can avert the harassment of people rushing
up to you. You know, hey, I put it in the meter. So I think it's a great idea. I'm definitely will
be in support of it. I've been falsely accused of not being a friend to the homeless, which many
people know is as far from the truth as we are from the moon, and I like to say that 'cause it's
true. I've been involved with homelessness since 1994, so I support it. I think it's a good
gesture. And any way that we can help to alleviate homelessness and all of the issues that are
tied with it, I'm supportive of it. Again, I do stand with my colleague, though there is a
distinction between hustlers and homelessness. And I know -- I don't -- I'm not trying to beat
that issue down, but there needs to be a clear distinction because there are folk who,
unfortunately, give homeless sometimes a bad name. But my church has worked diligently with
homeless since I've been in ministry --
Chair Gort: Thank you. Any further --
Commissioner Dunn: -- and that's over thirty-something years.
Chair Gort: Sorry. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Chair Gort: Thank you.
Mr. Raymond: Thank you very much.
CA.5 RESOLUTION
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Meeting Minutes April 14, 2011City Commission
11-00269
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS
RECEIVED FEBRUARY 1, 2011, PURSUANT TO INVITATION FOR BID NO.
260254, FROM COMMERCIAL ENERGY SPECIALIST, INC. FOR GROUP 1,
AND FROM PRO STAR POOL SUPPLIES FOR GROUP 2, AS THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDERS, ON A GROUP-BY-GROUP
BASIS, FOR THE PROVISION OF SWIMMING POOL CHEMICALS AND
SUPPLIES AND BULK LIQUID CHLORINE AND STORAGE TANK RENTAL,
FOR THE DEPARTMENT OF PARKS AND RECREATION, FOR AN INITIAL
CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW
FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS
FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER
DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT THE TIME OF NEED.
Department of Parks
and Recreation
11-00269 Summary Form.pdf
11-00269 Award Recommendation Form.pdf
11-00269 Tabulation of Bids.pdf
11-00269 Invitation for Bids.pdf
11-00269 Legislation.pdf
Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, that this matter be
DEFERRED PASSED by the following vote.
Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo
Absent: 2 - Commissioner(s) Suarez and Dunn II
Note for the record: Item CA.5 was deferred to the Commission meeting scheduled for April 28,
2011.
Direction by Vice Chair Carollo to the Administration for the Parks Department to perform a
cost-benefit analysis of the maintenance of City of Miami pools to determine if the private
sector can perform this task for a lesser amount than the City.
Direction by Chair Gort to the Administration for the cost-benefit analysis regarding monthly
maintenance of City of Miami pools include whether or not seasonally operated pools require
year-round maintenance.
Chair Gort: Five. CA.5.
Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. CA.5 is a swimming pool
chemicals, supplies, and bulk liquid chlorine storage tank for the pools.
Commissioner Sarnoff: So move.
Commissioner Dunn: Second.
Chair Gort: It's been moved, second. Discussion.
Vice Chair Carollo: Yes, Mr. Chairman. First of all, I'd like to say, Mr. Burkeen, that I know
you contacted my office with regards to the summer programs, and maybe some time next week
we could get together with regards to that. So I wanted to say that I did receive your message,
so -- Now with regards to this, how many pools do we have in the City of Miami that these
chemicals will go to?
Mr. Burkeen: We actually have 11 pools, but we have 10 that these chemicals will go to. The
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Meeting Minutes April 14, 2011City Commission
11th pool is a Gibson is under renovation, so it's 10.
Vice Chair Carollo: So we got ten pools. Are any of these pools seasonal?
Mr. Burkeen: Yes.
Vice Chair Carollo: How many of the ten are seasonal?
Mr. Burkeen: That would be Shenandoah, Hadley, Jose Marti are the pools that operate
year-round. The water park operates seasonally and Williams would operate seasonally.
Morningside would operate seasonally. Let me find my list. Virrick Park would be seasonally.
How many did I give you so far?
Vice Chair Carollo: I'm trying to keep track of it.
Commissioner Sarnoff: You have three more to go.
Vice Chair Carollo: So -- but how many are seasonal out of the ten?
Mr. Burkeen: I think we have six that are seasonal, as soon as I can find my list. Let's see,
Williams would be seasonally. West End would be seasonally. Morningside would be
seasonally. So that's one, two, three -- and Gibson would have been seasonally but it's under
renovation. And Curtis pool would be seasonally.
Vice Chair Carollo: For the total of how many? I'm sorry; I don't count --
Mr. Burkeen: You want me to count these again?
Commissioner Sarnoff: You have --
Vice Chair Carollo: I just want to have a count. Out of ten, how many of those pools are
seasonal? Is it five? Is it six? Is it four?
Mr. Burkeen: Well, let me read them for you, okay, and then we can count them together.
Vice Chair Carollo: Sure.
Mr. Burkeen: Okay. Athalie Range is going to be seasonally. That's one. Curtis pool is going
to be seasonally. That's two. Virrick pool is going to be seasonally. That's three. Gibson
would have been seasonally, but it's under construction.
Vice Chair Carollo: So we're still at three.
Mr. Burkeen: So Morningside pool is seasonally. That would be four. West End would be
seasonally. That's five. And Williams pool, seasonally, would be six.
Vice Chair Carollo: So out of the ten pools, six are seasonal?
Mr. Burkeen: Yes.
Vice Chair Carollo: And seasonal means operating from May to September only.
Mr. Burkeen: Yes. But you probably should call the water park seasonally also because it
doesn't operate the whole year.
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Meeting Minutes April 14, 2011City Commission
Vice Chair Carollo: Gotcha. So it might be actually seven. Let me rephrase that. It actually
is seven.
Mr. Burkeen: Yeah, depend upon your definition of seasonally.
Vice Chair Carollo: Gotcha. So out of the ten pools that we have in City parks, and one is not
operable right now, which is Gibson -- but out of the ten operable pools, seven are seasonal,
correct? So -- and the $241,000 is for these 10 pools, 7 of which operate seasonal . What I'm
looking at is how much -- and by the way, this is just supplies, correct, and a storage tank?
Mr. Burkeen: Chlorine, supplies, all that goes in -- chemical supplies to operate the pool . This
is chemical supplies for the pool itself, for the water.
Vice Chair Carollo: Right. So now on top of that, the City needs to provide storage for all
these chemicals?
Mr. Burkeen: Well, you provide storage so that you can reduce the amount of trips out
delivering the chemicals.
Vice Chair Carollo: Right.
Mr. Burkeen: Because, remember, these are outdoor pools.
Vice Chair Carollo: Right.
Mr. Burkeen: And whenever that you have rain or any inclement weather, you have to add
more chlorine.
Vice Chair Carollo: Understood. So aside from those $241,000, we have to consider storage of
the supplies, we have to consider the employees that have to work and actually clean the pool,
correct, that use these supplies, and then we have to consider gasoline going to the different
locations and actually cleaning it and so forth? Correct?
Mr. Burkeen: That's correct.
Vice Chair Carollo: Okay. I am wondering if it's not better just to outsource the cleaning of
these pools because it's costing us an arm and a leg, $241,000. Divide that into ten. And then
that's not even a full year, so it's just cost accounting. It seems like it's costing us way, way,
way too much, the maintenance of the pools, and I think we could save a lot more money if we
just outsource it.
Mr. Burkeen: Outsource the maintenance or outsource the --?
Vice Chair Carollo: Usually when you outsource the maintenance, they put in all the
chemicals, they put -- they clean it. They put the chemicals. They do everything. And you
don't have to go too far. You just go to any homes, you know. You go to any private home and
they hire a pool service.
Mr. Burkeen: So when you do that, what happens is that you don't control your costs because
at some point in time, they're going to increase costs. Here with employees, we get a chance to
either downsize or not. We have control. When you outsource, you have no control.
Vice Chair Carollo: At $241,000, plus employees' pay, plus gasoline, I don't know how we're
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Meeting Minutes April 14, 2011City Commission
controlling that.
Mr. Burkeen: Well, remember, even if you outsource this, when you have inclement weather,
you're going to increase the amount of chlorine that you have to put in. If you have an accident
in a pool, you have to increase the amount of chlorine. That means that that outsource is going
to increase your costs because that wasn't planned for.
Vice Chair Carollo: Have you done any analysis of that?
Mr. Burkeen: We have not done an analysis for it. This is 35 years of operating pools.
Vice Chair Carollo: Yeah, I understand, but that doesn't make it correct and that doesn't make
it better. I mean, the City's been running for 114 years and look at the issues we had
financially.
Mr. Burkeen: I've been in both systems, and I can tell you that it's a lot better when you control
it as opposed to someone else. But if you'd like for us to look at it, that's not a problem; we
will.
Vice Chair Carollo: Yeah, I definitely do because -- I mean, I'm just doing some simple math
right here, and I'm not even considering that seven out of the ten pools are seasonal. I'm just
looking at the whole year and it's costing us $2,000 a pool to do the maintenance, and that's
not considering that seven of them are seasonal. So in other words, my $2,000 is actually
much, much higher.
Mr. Burkeen: Well, Commissioner, based on what the budget prospects are, I believe that
everything is going to be on the table to look at.
Vice Chair Carollo: And this being one of them.
Mr. Burkeen: Absolutely.
Vice Chair Carollo: And yes -- and that's exactly where -- what I'm doing. Because it seems
like $241,000 just on supplies, without the transportation, the gas, without the manpower; there
are employees that we're paying to actually clean the pool, is just way too much. And I think if
we look at outsourcing it, I think, realistically, we're going to save a lot of money.
Mr. Burkeen: We'll look at that.
Vice Chair Carollo: Thank you. Mr. Chairman.
Chair Gort: Yes.
Vice Chair Carollo: Is it possible that we defer this or continue it?
Commissioner Sarnoff: I withdraw my motion.
Mr. Burkeen: You're going to impact --
Vice Chair Carollo: Second.
Mr. Burkeen: -- the ability for us to --
Chair Gort: Motion's withdrawn. Second.
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Meeting Minutes April 14, 2011City Commission
Vice Chair Carollo: I make a motion to continue this item.
Commissioner Sarnoff: How long -- excuse me -- will it take you to do the cost benefit
analysis?
Mr. Burkeen: I mean, we'll do it right away, but I -- we have summer season coming up right
now. We're in the middle of -- the water park is open, so --
Commissioner Sarnoff: Will this hamper your ability to operate these pools for the next two
weeks?
Mr. Burkeen: No.
Commissioner Sarnoff: Okay. Can we bring this back to the next Commission meeting?
Mr. Burkeen: Okay.
Commissioner Sarnoff: And can you have your cost benefit analysis done in the next ten days?
Mr. Burkeen: We'll have it done.
Vice Chair Carollo: And let me chime in a little more. Who's going to do the cost analysis and
--? Because I want to make sure that whoever does the cost analysis and so forth is business
savvy. I'm not saying that you're not, but I want to make sure. Who's going to do this analysis?
Mr. Burkeen: We would, in fact, work with the Finance Department. But --
Vice Chair Carollo: Okay.
Mr. Burkeen: -- let me just -- you're asking about outsourcing, but you're not talking about
outsourcing this year. You're talking about outsourcing for next year.
Vice Chair Carollo: Well, hold on. Let me ask you something. You're asking us to expend
241,000 now?
Mr. Burkeen: Correct.
Vice Chair Carollo: This year?
Mr. Burkeen: Absolutely.
Vice Chair Carollo: So right off the bat I want to see if, yes, we could save some money
because this is going for this current year. So, yes, I'm asking if we could outsource this year.
But what you're saying is that summer is two months away and therefore, you're not going to
have enough time to procure and all that stuff?
Mr. Burkeen: That's correct.
Vice Chair Carollo: Gotcha.
Mr. Burkeen: There's no way we're going to be able to get that done.
Vice Chair Carollo: Gotcha.
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Meeting Minutes April 14, 2011City Commission
Mr. Burkeen: And then we'll put our citizens at risk.
Tony E. Crapp, Jr. (City Manager): Excuse me, Mr. Chairman. Commissioner --
Chair Gort: Let me ask a question. At this time we have a contract with someone.
Vice Chair Carollo: No.
Chair Gort: We don't purchase with anyone right now?
Mr. Burkeen: I'm not sure --
-
Chair Gort: We don't have any supplies.
Mr. Burkeen: -- where the contract is.
Kenneth Robertson: Kenneth Robertson, Purchasing director. The existing contract for
chlorine is expiring this month in April. The award of this item is imperative for the Parks
Department to continue operating the pools. If you defer this item, the Manager could award
$50,000 under this ITB [sic] currently, but we do need to act on this item quickly.
Chair Gort: Mr. Manager.
Mr. Crapp: Mr. Chairman, Commissioner.
Commissioner Dunn: Could he repeat that? I'm sorry. I missed that. I want to make sure I
hear that right.
Mr. Robertson: The City's current contract for chlorine is expiring this month, April 2011.
Chair Gort: He can expend (UNINTELLIGIBLE).
Mr. Robertson: This is intended to be the replacement contract for those services.
Vice Chair Carollo: For the supplies.
Mr. Robertson: Correct.
Commissioner Dunn: You said something else after that. What was that? I -- that last --
Mr. Robertson: If this item is deferred --
Commissioner Dunn: That's --
Mr. Robertson: -- the Manager has the authority to award $50,000 under this IFB (Invitation
for Bid) currently and we can pursue that option until the Commission takes formal action.
Commissioner Dunn: Okay.
Chair Gort: Yeah. Thank you. Mr. Manager.
Mr. Crapp: Commissioners, if you allow us to -- the entire Administration will work to get the
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Meeting Minutes April 14, 2011City Commission
cost benefits analysis done. Obviously this is a timely issue because of the operation of the
pools and we're approaching summer. If you'll allow us to go forward, I'll commit to you that
we'll get the analysis done. And maybe going forward in the future, we could change the way
we either outsource or continue to go this route. Obviously, because of the expiration of the
contract, we want to make sure that we can provide the services to our residents.
Chair Gort: Now my understanding, Mr. Manager -- but my understanding is you can also
extend the existing contract for a month or so. We've done it in the past, so that's not the
critical thing. I mean, we can always extend it for one month and get the necessary products
for it. Now what I'd like to see is when you come back and you do your analysis, how many
times in a month you provide the services to the pool. Also I'd like to know even if the pool is
not used year-round, if you still have to maintain the waters. I'm not very knowledgeable of
that. So if you have to maintain it throughout the year, I think that's important you bring that
back. And then we can get that with that information. All right.
Mr. Crapp: No. We'll definitely get all the information that you requested, Commissioner.
Chair Gort: Okay. Any further discussion? Commissioner.
Vice Chair Carollo: Yeah, Mr. Chairman. I just want to be sure of what we are going to do. I
made a motion and I -- actually, I continued it. But I want to make sure that a month is enough
or do you need two weeks or --?
Priscilla A. Thompson (City Clerk): I'm sorry.
Vice Chair Carollo: Madam City Clerk. I'm sorry. Could you --?
Ms. Thompson: No. We do not have the motion yet for the continuance. You --
Commissioner Sarnoff: Can we --
Ms. Thompson: -- withdrew yours.
Commissioner Sarnoff: -- table --
Chair Gort: He withdrew his motion.
Ms. Thompson: Right.
Commissioner Sarnoff: -- this so they can look at the contract to see if it could be extended?
Why don't we table this till this afternoon?
Vice Chair Carollo: I don't have a problem with that, Commissioner Sarnoff. The only thing
I'm looking is how can we start saving money because in all fairness, the 241,000 is just for
supplies, that does not include all the other things that I mentioned. And I'm just wondering if
we contract with a company that they come and do the maintenance where we don't have to
worry about supplies, we don't have to worry about storage, we don't have to worry about gas
prices, and you know what. They may just come in a lot cheaper. And the reason why I'm
starting to look at this is because briefly looking at our year-to-date numbers, I saw the only
department that's really over or at, you know, their budget by a large amount, a quarter of a
million dollars, is Parks. So I'm starting to look at why. And how can we help them. How can
we help them to make sure they're within budget or actually reduce their budget in a way where
we can provide the services possible. And let me tell you something. It's not that I don't want
to provide park services to our community. As a matter of fact, I was very disappointed that the
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Meeting Minutes April 14, 2011City Commission
Jose Marti Park's pool closed early on a weekend recently and I had a complaint about that
because of staffing issues, and that's what they told my constituents. Because of staffing issue,
we're closing early. There was no previous notice or anything. And again -- and listen, I'm not
going to get into how much we're paying the employees in Parks and so forth to maintain open,
but the bottom line is and my point is that I really think we need to look at ways that we can
save money with providing the same or even better services.
Chair Gort: Thank you.
Commissioner Dunn: So --
Chair Gort: Well, I need a motion.
Vice Chair Carollo: I'm --
Commissioner Dunn: -- what are we --?
Commissioner Sarnoff: Why don't we --
Commissioner Dunn: What's it for, table?
Commissioner Sarnoff: -- table it to make sure they can look at the contract?
Chair Gort: Table it till later on?
Vice Chair Carollo: Right.
Chair Gort: Okay. Let's table. We'll bring it back this afternoon.
Commissioner Sarnoff: Right.
Chair Gort: Now, let me tell you, if you guys are looking at the monthly reports, next year's,
we're going to have to do some reductions, so I think it's very important that we start looking at
all the departments and see how much we can save because we need to do that.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Okay. Yes, sir.
Vice Chair Carollo: That's exactly what I'm doing.
Chair Gort: Right.
Vice Chair Carollo: That's exactly what I'm doing.
Chair Gort: I know --
Vice Chair Carollo: It's like -- sometimes it's more cost-effective to outsource than it is to hire
within, and that's exactly what I'm doing and that's why I'm bringing it to, you know, the
Commission. Thank you.
Chair Gort: Thank you. We'll bring it back this afternoon.
[Later...]
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Meeting Minutes April 14, 2011City Commission
Mr. Crapp: Mr. Chairman, CA.5 was tabled to the afternoon, but I believe that's going to be
deferred if you all want to address that in the meantime.
Chair Gort: Which one?
Mr. Crapp: CA.5.
Vice Chair Carollo: Move to defer CA.5.
Commissioner Sarnoff: Can we just do RE.7 since I have a DDA (Downtown Development
Authority) board member sitting here?
Chair Gort: Sure.
Ms. Thompson: Okay, I'm sorry. May I ask, Chair -- I'm sorry. On CA.5, Vice Chair did make
a motion. Do you want to finish with that item before you move on since there's a motion on the
floor?
Vice Chair Carollo: We need a second. Now seconds are hard coming by today, but, you know,
one way or another, we get the job done.
Commissioner Sarnoff: What was it -- CA.5 was --?
Vice Chair Carollo: But we need a second.
Commissioner Sarnoff: What was CA.5 about?
Chair Gort: What was your motion?
Commissioner Sarnoff: CA.5 was the --
Chair Gort: Parks, pool.
Vice Chair Carollo: Yeah, the pools.
Commissioner Sarnoff: You made a motion to?
Vice Chair Carollo: Defer.
Commissioner Sarnoff: Defer. Okay, I'll second it.
Vice Chair Carollo: Because we tabled it and --
Commissioner Sarnoff: I gotcha.
Chair Gort: Okay.
Vice Chair Carollo: -- the Manager came back to me and said can we defer it.
Commissioner Sarnoff: And they said it -- right. I'll second.
Ms. Thompson: Do we have a date?
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Meeting Minutes April 14, 2011City Commission
Commissioner Sarnoff: He said he'd have it at the next --
Vice Chair Carollo: Yeah.
Commissioner Sarnoff: -- he'd have the analysis at the next Commission meeting.
Vice Chair Carollo: Next Commission meeting.
Ms. Thompson: Okay, that'll be April 28.
Chair Gort: Okay, it's been moved and second. Any further discussion? Being none, all in
favor, state it by saying “aye.”
The Commission (Collectively): Aye.
Ms. Thompson: Thank you.
11-00270
CA.6 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO
THE LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY,
FOR THE CITY'S CONTINUED USE OF THE PROPERTY LOCATED AT 111
NORTHWEST 1 STREET, MIAMI, FLORIDA, FOR PLACEMENT OF A
ROOFTOP ANTENNA AND RELATED EQUIPMENT; EXTENDING THE
LEASE FOR A FIVE (5) YEAR PERIOD WITH AN OPTION TO EXTEND FOR
ONE (1) ADDITIONAL FIVE (5) YEAR TERM EFFECTIVE MAY 1, 2011;
REDUCING THE ANNUAL RENTAL RATE FROM $14,000.00 PER YEAR TO
$1.00 PER YEAR EFFECTIVE OCTOBER 1, 2010.
Department of Public
Facilities
11-00270 Summary Form.pdf
11-00270 Legislation.pdf
11-00270 Exhibit 1.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0146
11-00271
CA.7 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT
("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY, FOR THE CONTINUED
USE OF CITY-OWNED PROPERTY LOCATED AT 1009 NORTHWEST 5TH
AVENUE, MIAMI, FLORIDA, AS A PUBLIC HEALTH FACILITY, AT AN ANNUAL
RENTAL OF $1.00 PER YEAR, WITH SAID LEASE BEING FOR A PERIOD OF
FIVE YEARS AND SIX MONTHS, WITH ONE (1) OPTION TO EXTEND FOR
ONE (1) ADDITIONAL FIVE (5) YEAR TERM, WITH ADDITIONAL TERMS AND
Department of Public
Facilities
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Meeting Minutes April 14, 2011City Commission
CONDITIONS MORE PARTICULARLY SET FORTH IN SAID LEASE.
11-00271 Summary Form.pdf
11-00271 Property Information Map.pdf
11-00271 Pre Lease Agreement.pdf
11-00271 Legislation.pdf
11-00271 Exhibit 1.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0147
11-00272
CA.8 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT
("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY, FOR THE CONTINUED
USE OF THE CITY-OWNED PROPERTY LOCATED AT 971 NORTHWEST
2ND STREET, MIAMI, FLORIDA, AS A PUBLIC HEALTH FACILITY, AT AN
ANNUAL RENTAL OF $1.00 PER YEAR, WITH SAID LEASE BEING FOR A
PERIOD OF FIVE YEARS AND SIX MONTHS, WITH ONE (1) OPTION TO
EXTEND FOR ONE (1) ADDITIONAL FIVE (5) YEAR TERM, WITH
ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH
IN SAID LEASE.
Department of Public
Facilities
11-00272 Summary Form.pdf
11-00272 Property Information Map.pdf
11-00272 Pre Lease Agreement.pdf
11-00272 Legislation .pdf
11-00272 Exhibit 1.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0148
11-00278
CA.9 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
PLACEMENT OF A MARKER DESIGNATION, PURSUANT TO SECTION
54-136(1) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
IN THE PUBLIC RIGHT-OF-WAY LOCATED AT APPROXIMATELY 6700
NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, TO COMMEMORATE
BISHOP ABE RANDALL, PASTOR OF ST. MATTHEWS FREE WILL BAPTIST
CHURCH; SUBJECT TO ALL APPLICABLE PERMITTING REQUIREMENTS.
District 5 -
Commissioner
Richard Dunn II
11-00278 Letter from St. Mattews Free Will Baptist Church, Inc.pdf
11-00278 Legislation.pdf
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Meeting Minutes April 14, 2011City Commission
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0149
11-00319
CA.10 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), URGING GOVERNOR RICK SCOTT AND THE
MEMBERS OF THE FLORIDA LEGISLATURE TO CONTINUE TO FUND
MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES THROUGH THE
DEPARTMENT OF CHILDREN AND FAMILIES TO VARIOUS SERVICE
PROVIDERS AND TO VOTE AGAINST ANY FURTHER CUTS TO THE
MENTAL HEALTH AND SUBSTANCE ABUSE STATE FUNDING DURING
THE 2011 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS
DESIGNATED HEREIN.
District 4-
Commissioner Francis
Suarez
11-00319 Legislation.pdf
11-00319 Exhibit 1.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0150
11-00288
CA.11 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY
CONFLICT OF INTEREST THE LAW FIRM OF COLE, SCOTT & KISSANE,
P.A. MAY HAVE, IF ANY, TO ENABLE IT TO REPRESENT ALL TERRAIN
EARTHMOVING LIMITED COMPANY, LLC, IN PROCEEDINGS FILED BY
WILFREDO DIAZ, IN THE CIRCUIT COURT OF THE 11TH JUDICIAL
CIRCUIT, CASE NO.: 11-7734 CA 24.
Office of the City
Attorney
11-00288 Memorandum.pdf
11-00288-Legislation-SUB.pdf
Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be
ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
R-11-0153
Chair Gort: I think we're at CA.11.
Priscilla A. Thompson (City Clerk): Correct.
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Meeting Minutes April 14, 2011City Commission
Vice Chair Carollo: CA.11, I think is the City Attorney.
Julie O. Bru (City Attorney): Yeah. CA.11 is a conflict of interest -- a waiver of a conflict of
interest. The reason it was pulled is just that there's a scrivener's error in the fourth whereas
where reference is made to Wifredo Diaz and it should have been to All Terrain Earthmoving
Limited Company.
Commissioner Sarnoff: So move.
Chair Gort: It's been move --
Vice Chair Carollo: Second.
Chair Gort: -- second. All in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Chair Gort: Okey-doke.
Adopted the Consent Agenda
Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, including all the
preceding items marked as having been adopted on the Consent Agenda. The motion
carried by the following vote:
Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II
Absent: 1 - Commissioner(s) Suarez
END OF CONSENT AGENDA
Chair Gort: Do I have a motion for the consent agenda?
Commissioner Sarnoff: So move.
Chair Gort: It's been moved by --
Vice Chair Carollo: Second.
Commissioner Dunn: Second.
Chair Gort: -- Commissioner Sarnoff, second by Vice Chairman Carollo. Any further
discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
PUBLIC HEARINGS
11-00222
PH.1 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF
EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA
POWER AND LIGHT COMPANY, A FOR-PROFIT FLORIDA CORPORATION,
FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN
APPROXIMATELY TEN (10) FOOT WIDE BY SEVENTY TWO (72) FOOT
Department of Public
Facilities
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Meeting Minutes April 14, 2011City Commission
LONG STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT
NORTHWEST 3RD STREET AND NORTHWEST 14TH AVENUE, MIAMI,
FLORIDA (ALSO KNOWN AS ORANGE BOWL COMPLEX), AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO
RECONSTRUCT, IMPROVE, ADD TO, CHANGE AND REMOVE ALL OR ANY
OF THE FACILITIES WITHIN SAID EASEMENT.
11-00222 Summary Form.pdf
11-00222 Notice of Public Hearing.pdf
11-00222 Legislation.pdf
11-00222 Exhibit 1.pdf
Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
R-11-0154
Chair Gort: Public hearing, PH.1.
Madeline Valdes (Director): Good morning. Madeline Valdes, Department of Public Facilities.
PH.1 is a resolution authorizing the City Manager to execute a grant of easement to Florida
Power & Light. It's a 10-foot by 72-foot easement located on Northwest 3rd Street and 14th
Avenue and the property known as the Marlin Stadium. Any questions?
Chair Gort: Okay.
Vice Chair Carollo: Move it.
Chair Gort: This is a public hearings [sic].
Commissioner Suarez: Second.
Chair Gort: Before we make a motion, I'll open it up to the public. Is anyone would like to
speak in public hearing on this item? Being none, public hearing is closed.
Vice Chair Carollo: Move it.
Chair Gort: Motion by --
Commissioner Suarez: Second.
Chair Gort: -- Vice Chairman Carollo, second by Commissioner Suarez. Any discussion?
Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
11-00223
PH.2 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF
EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA
Department of Public
Facilities
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Meeting Minutes April 14, 2011City Commission
POWER AND LIGHT COMPANY, A FOR-PROFIT FLORIDA CORPORATION,
FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN
APPROXIMATELY TEN (10) FOOT WIDE BY THREE HUNDRED NINETY
FIVE (395) FOOT LONG STRIP OF CITY OF MIAMI OWNED PROPERTY
LOCATED AT NORTHWEST 7TH STREET AND NORTHWEST 16TH
AVENUE, MIAMI, FLORIDA (ALSO KNOWN AS ORANGE BOWL COMPLEX),
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO
RECONSTRUCT, IMPROVE, ADD TO, CHANGE AND REMOVE ALL OR ANY
OF THE FACILITIES WITHIN SAID EASEMENT.
11-00223 Summary Form.pdf
11-00223 Notice of Public Hearing.pdf
11-00223 Legislation .pdf
11-00223 Exhibit 1.pdf
Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
R-11-0155
Chair Gort: PH.2. It's all yours.
Madeline Valdes (Director, Public Facilities): PH.2 is another grant of easement to FP&L
(Florida Power & Light) for a 10-foot by 385 [sic] feet strip. This is on Northwest 7th and
Northwest 16th Avenue, also within the Marlin Stadium property.
Chair Gort: Okay.
Vice Chair Carollo: So --
Commissioner Suarez: Second.
Chair Gort: It's been moved by Vice Chairman Carollo, second by Commissioner Suarez. It's a
public hearing. Is anyone in the public would like to address this issue? Being none, any
discussion? All in favor, state it by saying "aye."
The Commission (Collectively): Aye.
11-00224
PH.3 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF
EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA
POWER AND LIGHT COMPANY, A FOR-PROFIT FLORIDA CORPORATION,
FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN
APPROXIMATELY TEN (10) FOOT WIDE BY THIRTY SEVEN (37) FOOT
LONG STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT
NORTHWEST 3RD STREET AND NORTHWEST 16TH AVENUE, MIAMI,
FLORIDA (ALSO KNOWN AS ORANGE BOWL COMPLEX), AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
Department of Public
Facilities
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Meeting Minutes April 14, 2011City Commission
INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO
RECONSTRUCT, IMPROVE, ADD TO, CHANGE AND REMOVE ALL OR ANY
OF THE FACILITIES WITHIN SAID EASEMENT.
11-00224 Summary Form.pdf
11-00224 Notice of Public Hearing.pdf
11-00224 Legislation.pdf
11-00224 Exhibit 1.pdf
Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
R-11-0156
Chair Gort: PH.3.
Madeline Valdes (Director, Public Facilities): PH.3 is another grant of easement to FP&L
(Florida Power & Light). This is for a 10-foot by 37-foot strip of land located on Northwest 3rd
Street and Northwest 16th Avenue, also within the Marlin Stadium property.
Chair Gort: We getting -- going to get a lot of electricity there.
Vice Chair Carollo: So move.
Chair Gort: It's been --
Commissioner Suarez: Second.
Chair Gort: -- moved by Vice Chairman Carollo, second by Commissioner Suarez. Public
hearing. Anyone would like to address this issue? Show none, okay. All in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
11-00225
PH.4 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF
EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA
POWER AND LIGHT COMPANY, A FOR-PROFIT FLORIDA CORPORATION,
FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN
APPROXIMATELY TEN (10) FOOT WIDE BY THIRTY SEVEN (37) FOOT
LONG STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT
NORTHWEST 7TH STREET AND NORTHWEST 14TH AVENUE, MIAMI,
FLORIDA (ALSO KNOWN AS ORANGE BOWL COMPLEX), AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO
RECONSTRUCT, IMPROVE, ADD TO, CHANGE AND REMOVE ALL OR ANY
OF THE FACILITIES WITHIN SAID EASEMENT.
Department of Public
Facilities
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Meeting Minutes April 14, 2011City Commission
11-00225 Summary Form.pdf
11-00225 Notice of Public Hearing.pdf
11-00225 Legislation.pdf
11-00225 Exhibit 1.pdf
Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
R-11-0157
Chair Gort: PH.4.
Madeline Valdes (Director, Public Facilities): PH.4 is the last easement to FP&L (Florida
Power & Light). This one's for a 10-foot by 37-foot strip of land, and this is on Northwest 7th
Street and 14th Avenue.
Chair Gort: Okay. There's a motion by --
Vice Chair Carollo: So move.
Chair Gort: -- Vice Chairman Carollo --
Commissioner Suarez: Second.
Chair Gort: -- and second by Commissioner Suarez. Public hearing. Anyone in the public
would like to address this issue? Show none. Any discussion? Being none, all in favor, state it
by saying "aye."
The Commission (Collectively): Aye.
Ms. Valdes: Thank you.
Chair Gort: Thank you.
END OF PUBLIC HEARINGS
ORDINANCE-EMERGENCY
11-00328
Emergency OrdinanceEM.1 ORDINANCE
(4/5THS VOTE)
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION,
AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", BY
AMENDING ARTICLE XIII, ENTITLED, "ZONING APPROVAL FOR
TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", BY
AMENDING DIVISION 6, ENTITLED, "BILLBOARDS"; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
Department of
Building and Zoning
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Meeting Minutes April 14, 2011City Commission
11-00328 Summary Form.pdf
11-00328 Legislation .pdf
11-00328 Summary Form 04-21-11.pdf
11-00328 Email -Billboards 04-21-11.pdf
11-00328 Legislation (Version 3) 04-21-11.pdf
11-00328-Submittal-Grace Solares-Map Of Area To Be Affected By Proposed Legislation.pdf
11-00328-Submittal-Administration-Update By Intergovernmental Affairs Liaison On HB 1363.pdf
NO ACTION TAKEN
Note for the record: Vice Chair Carollo invoked the five-day rule pursuant to Chapter 2,
Article II, Section 2-33 (e), of the Miami City Code, for items EM.1, RE.13, and RE.14.
Chair Gort: An emergency ordinance, EM.4 [sic]. Hello. Are we ready?
Johnny Martinez (Assistant City Manager/Chief of Infrastructure): Yes. It's an emergency
ordinance that we have that goes hand-in-hand with two other items, RE.13 and RE.14, and I
would like to propose to kind of hear them together as a whole.
Commissioner Sarnoff: What is the number, RE (Resolution) what?
Mr. Martinez: RE.13 and RE.14. RE.13 is basically the resolution allowing the City Manager
to enter into a settlement agreement, and that's -- the ordinance is amended to be consistent
with that settlement agreement. So should we start with the ordinance?
Commissioner Sarnoff: Mr. Chair, can we open up a --?
Chair Gort: Sure.
Commissioner Sarnoff: When we do this, can we open up the hearing for all three together so
that the record would be clear?
Chair Gort: Do we got a motion?
Commissioner Dunn: So move.
Chair Gort: It's been moved to hear all three --
Commissioner Suarez: Second.
Vice Chair Carollo: Do we need a motion to open up for all three? I don't think we need a
motion.
Commissioner Sarnoff: I don't know if you need that, but I --
Chair Gort: Okay.
Commissioner Sarnoff: -- just wanted -- just so that the record would be clear.
Chair Gort: We'll let the record show. All in favor, state it by saying “aye.”
Priscilla A. Thompson (City Clerk): No. We don't really need a motion.
Vice Chair Carollo: You don't need --
Chair Gort: You don't need a motion, okay.
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Meeting Minutes April 14, 2011City Commission
Ms. Thompson: You're stating on the record that you will --
Commissioner Sarnoff: Right.
Ms. Thompson: -- be -- all discussion will be on the three items, but you will have separate
votes on each item.
Chair Gort: Right, okay.
Mr. Martinez: Should we start with the emergency ordinance?
Chair Gort: Go ahead.
Mr. Martinez: EM.1 basically amends Chapter 62 and it expands the areas where billboards
cannot be placed, in addition to the gateway. It adds language that the intersection of I-95
southbound with the intersection of the centerline of Coral Way, a 1,500 foot radius billboards
will not be allowed, and I think that's consistent with the message of not having billboards on
the Sevennine site and on (UNINTELLIGIBLE) site. It also changes the removal requirement.
Instead of a one up, two down, to allow for a one-to-one. And it also changes the restrictions
on the zonings from a T6-8 to a T5-O, so no billboards can go up in zoning areas more
restrictive than a T5-O, and there's a lot of areas along the expressways that are T5-O. Those
are the basic changes to the ordinance.
Commissioner Sarnoff: Mr. Chairman.
Chair Gort: Yes.
Commissioner Sarnoff: I want to speak to this jointly, if I can. And if you all will recall at the
last hearing we had on this issue, we had a district Commissioner who had an issue with where
the site placement would be, whether you want to call it Monsalve or Sevennine, and this
Commission backed that Commissioner. Today, though, what we have is something quite
different, and I thought it would be worth a conversation and I thought it would be worth a
factual background because none of you here, including myself, started billboards or started
murals, and the reason I'm going to put murals in this I'll get to in a moment. But I thought I'd
give you a little background on billboards. Billboards were prevalent throughout the City of
Miami. They were unrestricted. They were in excess of 600 billboards at one time. And this
City decided years before anybody sat here -- possibly other than the Chair himself, but I'm not
sure you were here for this -- to sue to reduce the billboards. For whatever reason they decided,
they decided that they would enter into settlements for these billboards, CBS (Columbia
Broadcasting System), Clear Channel, Carter. The fighting differences were profound. CBS
went to the mat. I think Carter was the one that didn't fight very hard. And Clear Channel was
sort of the baby bear in the middle. And what they ended up doing was they started an overall
reduction of billboards in terms of numbers. And essentially, the intent of all the settlements
was to remove billboards from neighborhoods, placing them instead on the interstate highway
system. Again, that predates everybody sitting up here, like it or not. The only modification
that has occurred has been with Clear Channel and that has been the advent of their digital
billboards. I'm not here to say whether you like them or you dislike them. However, when you
put up a digital billboard, you have a four-to-one reduction. Just so we're clear, prior to
anybody sitting up here, you had a two-for-one reduction, which meant you took down two
billboards in a neighborhood and you put one up on an interstate . If you were to do a digital
billboard, you had to take four billboards down in a neighborhood and you could put one up on
an interstate. And that became the policy of the City of Miami pretty much, again, before any
of you gentlemen sat up here. Then came murals, and the reason I bring murals up, I'll get to
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Meeting Minutes April 14, 2011City Commission
that at the very middle part of my statement. Let me give you the background on murals, again
predating everybody up here. I don't know if it predated Commissioner -- the -- I'm sorry, the
Chair.
Chair Gort: Yeah.
Commissioner Sarnoff: But in 2004 and 2005 there were between 67 and 74 murals throughout
the City of Miami, each and every one of them was illegal. They were all over the City. They
were content-unregulated and therefore could have complete utter commercial messaging.
When I first came on this Commission, it was predominantly the Mayor's item, and it was a
previous Mayor, and they were creating a mural ordinance. I wasn't very much in favor of
murals at that time, and I wanted to interject myself in the process, and I ended up primarily
being the drafter of the murals ordinance where when I picked it up, it was going to annually
bring us $60,000 a year and it presently brings us $3.1 million a year. Now the content has
changed significantly and the amount has changed. The City now has presently 35 murals, 25
maximum per district, and you can only have 15 percent advertising message. The annual
amount that's brought to the City of Miami is a little over $3.2 million if you factor in the police
station site, and the annual amount for billboards is approximately $1 million. It's actually a
little more than that. Now whether you like or dislike these things, they certainly are real
tangible amounts of money that come in annually to the City of Miami for the general fund.
And if anybody doesn't believe what that means, I thought I'd give you a little depiction
because, you know, what is $4 million to the general fund? I could tell you that we'll be out of
budget next year or we'll have to reduce whether it's 16 million, 10 million, we really don't
know that until the ad valorems come out and we figure out how the sales tax shares come out .
We know that we're going to have to cut this operation somewhere, some way, but what is -- how
do we spend money presently in the general fund? And if we were to do away with this, what
would we have to get rid of? Well, elderly services. Presently this year they account for
92,500, although if the cuts go into the CDBG (Community Development Block Grant) as we
anticipate, I suspect you gentlemen will be increasing it to $362,000, as I would be voting for it.
After school services are $1.2 million. The summer program services are $1.8,788,828 [sic].
NET (Neighborhood Enhancement Team) is $2,254,545. The homeless program is $196,824.
Day care services are $834,579. Very easy to see what an annual cost of $4.1 million reduction
would do. Why do I even bring this up? The reason I bring this up is when we were at the last
meeting and we were in litigation, if you remember, we didn't know the outcome of the
litigation. The outcome of the litigation, though not definitive, was indicative that we would
win. And the reason I say that is Judge Ursula Ungaro dismissed the case for procedural
reasons. In other words, they could have the opportunity to refile. However, she did indicate
on page 222 and 23 that our ordinance was constitutional. If you all like to call that
telegraphing your punch as to what you think, we were doing well in litigation, but legislation.
Who would have known that somebody could have put before the Florida Legislature an
amendment to Florida Statute 479.075, called “Sign Permit Fee Limitations?” And without
belaboring the issue, in the House and now in the Senate there is a bill before our Florida
Legislature which would limit the City of Miami to $500 per permit per sign and nothing else,
so you risk $4.1 million annual revenue stream going to $13,000 a year. Now, right, wrong,
call it what you want; we do not seem to have the ability, with confidence, to say to anyone this
will not become law