city of miamiegov.ci.miami.fl.us/meetings/2011/4/2202_m_city... · 2011. 5. 10. · city commission...

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

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





Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting.

"[Later...]" refers to discussions that were interrupted and later continued.

Page 2City of Miami Printed on 5/9/2011


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


http://egov.ci.miami.fl.us/Legistarweb/Attachments/62588.pdf


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,



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



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.



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 --


Chair Gort: -- motion. Is there a second?


Chair Gort: Is any discussion? Being none, all in favor, state it by saying "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.


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.



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.



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.



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 --


Chair Gort: CA.1.

Vice Chair Carollo: -- (UNINTELLIGIBLE) truck?


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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."


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.


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



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?


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.



Chair Gort: -- all in favor, state it by saying "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 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


This Matter was ADOPTED on the Consent Agenda.



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


http://egov.ci.miami.fl.us/Legistarweb/Attachments/62536.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62537.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62538.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62539.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62540.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62541.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62542.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62543.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 Exhibit 1.pdf




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 Memorandum from Miami-Dade County.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.



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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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



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.


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."



Mr. Raymond: Thank you very much.

CA.5 RESOLUTION



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 Award Recommendation Form.pdf

11-00269 Tabulation of Bids.pdf

11-00269 Invitation for Bids.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.



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


http://egov.ci.miami.fl.us/Legistarweb/Attachments/62559.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62560.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62562.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62563.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62566.pdf


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.



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.


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



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 --


Mr. Burkeen: -- the ability for us to --

Chair Gort: Motion's withdrawn. Second.



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.



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



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



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.


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?


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.


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...]



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?



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.”


Ms. Thompson: Thank you.

11-00270

CA.6 RESOLUTION


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.


Facilities







R-11-0146

11-00271

CA.7 RESOLUTION


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


Facilities


http://egov.ci.miami.fl.us/Legistarweb/Attachments/62577.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62578.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62579.pdf


CONDITIONS MORE PARTICULARLY SET FORTH IN SAID LEASE.


11-00271 Property Information Map.pdf

11-00271 Pre Lease Agreement.pdf






R-11-0147

11-00272

CA.8 RESOLUTION


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.


Facilities


11-00272 Property Information Map.pdf

11-00272 Pre Lease Agreement.pdf

11-00272 Legislation .pdf





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



http://egov.ci.miami.fl.us/Legistarweb/Attachments/62567.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62568.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62569.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62570.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62571.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62572.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62573.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62574.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62575.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62576.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62582.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62583.pdf





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






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.



R-11-0153

Chair Gort: I think we're at CA.11.

Priscilla A. Thompson (City Clerk): Correct.


http://egov.ci.miami.fl.us/Legistarweb/Attachments/62586.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62587.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62584.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62867.pdf


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.


Chair Gort: It's been move --


Chair Gort: -- second. All in favor, state it by saying "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:



END OF CONSENT AGENDA

Chair Gort: Do I have a motion for the consent agenda?


Chair Gort: It's been moved by --



Chair Gort: -- Commissioner Sarnoff, second by Vice Chairman Carollo. Any further

discussion? Being none, all in favor, state it by saying "aye."


PUBLIC HEARINGS

11-00222

PH.1 RESOLUTION


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


Facilities



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 Notice of Public Hearing.pdf



Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be



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 --


Chair Gort: -- Vice Chairman Carollo, second by Commissioner Suarez. Any discussion?

Being none, all in favor, state it by saying "aye."


11-00223

PH.2 RESOLUTION





Facilities






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












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 --


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."


11-00224

PH.3 RESOLUTION






APPROXIMATELY TEN (10) FOOT WIDE BY THIRTY SEVEN (37) FOOT


NORTHWEST 3RD STREET AND NORTHWEST 16TH AVENUE, MIAMI,




Facilities















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 --


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."


11-00225

PH.4 RESOLUTION






APPROXIMATELY TEN (10) FOOT WIDE BY THIRTY SEVEN (37) FOOT


NORTHWEST 7TH STREET AND NORTHWEST 14TH AVENUE, MIAMI,








Facilities











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 --


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."


Ms. Valdes: 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






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 --


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.


http://egov.ci.miami.fl.us/Legistarweb/Attachments/62637.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62638.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62712.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62713.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62714.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62910.pdfhttp://egov.ci.miami.fl.us/Legistarweb/Attachments/62915.pdf


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



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

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