HomeMy WebLinkAboutCC 2002-02-14 Marked AgendaA OF'
MAYOR MANUEL A. DIAZ /'� CII'Y MANAGER CARLOS A. GIMI:NEZ
CHAIRMAN TOMAS REGALADO / � CITY ATTORNEY ALEJANDRO VILARELLO
VICE -CH MRMAN JOHNNY L. WINTON * * CI 1Y CLERK WAIT [.R J. FOEMAN
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COMMISSIONER ANGEI. GON7_ALF.L
COMMISSIONER JOE SANCHEZ 4.., 4~q VIEW I[ -IIS AGENDA AT:
COMMISSIONFR ARTHUR E. TEELE JR. �,�16vt . hltp://www.ci.miarni.fLus
CITY COMMISSION AGENDA
MEETING DATE: FEBRUARY 14, 2002
CITY HALL 3500 PAN AMERICAN DRIVE
ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE
NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER
WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY
STAFF, BOARDS, AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID
ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL.
PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY VETO CERTAIN
ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS FOLLOWING THE
COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO OCCURS, OVERRIDE SUCH VETO BY A
FOUR-FIFTHS VOTE OF THE COMMISSIONERS THEN PRESENT.
ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES BOISTEROUS WHILE
ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER AUDIENCE BEFORE THE
COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE OR AGAIN ADDRESS THE
COMMISSION BE GRANTED BY THE MAJORITY VOTE OF THE COMMISSION MEMBERS PRESENT. NO
CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A
SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE
ALLOWED IN THE COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO
SO QUIETLY.
REGULAR
CITY COMMISSION MEETING
* THIS MEETING SHALL CONVENE AT 9:00 AM *
THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND THE
MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS AVAILABLE FOR
INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF' THE CITY CLERK IN CITY HALL.
ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING IN
THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC HEARINGS", OR
"PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS POSSIBLE INFORM THE
CITY CLERK OF HISIHER DESIRE TO SPEAK, GIVING THE CITY CLERK HISIHER NAME. AT THE
TIME THE ITEM IS HEARD, THAT PERSON SHOULD APPROACH THE MICROPHONE AND WAIT TO
BE RECOGNIZED BY THE PRESIDING OFFICER.
Formal action may be taken on any item discussed or added to this Agenda. Any person, or persons, wishing
to appeal any decision made by the City Commission with respect to any matter considered at this meeting or
hearing, will require a verbatim record of the proceeding upon which the appeal is based. Any person with a
disability requiring auxiliary aids and services for meetings may call the City Clerk's Office, 250-5360, with
requests at least two business days before the meeting date.
The City Commission has established a policy that the lunch recess will begin at the conclusion of
deliberations of the agenda item being considered at Noon; further, that Commission meetings will adjourn at
the conclusion of deliberations on the agenda item being considered at 9:00 PM. (Resolution No. 87-115)
i !
PACE 2
FEBRUARY 14, 2002
9:00 AM
PRESENTATIONS AND PROCLAMATIONS
MAYORAL VETOES
EXECUTIVE SESSION
CONSENT AGENDA
Item 1 which is comprised of items CA-1 through CA-15
has been scheduled to be heard in the ordered
sequence or as announced by the Commission
MAYOR AND COMMISSIONERS' ITEMS
GENERAL LEGISLATIVE ITEMS
Items 2 through 13 may be heard in the numbered
sequence or as announced by the Commission
DISCUSSION ITEMS
Items 14 through 14A may be heard in the numbered
sequence or as announced by the Commission
TIME CERTAIN (THE FOLLOWING ITEM WILL NOT
BE HEARD BEFORE THE TIME LISTED)
5:00p.m. Item 15 — Second Reading Ordinance
concerning the Civilian Investigative Panel.
5:30p.m. Item 15A -- First Reading Ordinance
concerning the Civilian Investigative Panel.
PAGE 3
FEBRUARY 14, 2002
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE DELIVERED
A. PRESENTATIONS & PROCLAMATIONS
I. CERTIFICATES OF APPRECIATION PRESENTED
BY MAYOR DIAZ TO:
COMMUNITIES UNITED - ALBERT RUDER
COMMUNITIES UNITED - TERRENCE GRIFFIN
COMMUNITIES UNITED - JOHN H. JACKSON
COMMUNITIE UNITED - CLARENCE PATTERSON
COMMUNITIES UNITED - FRED HOBSON
COMMUNITIES UNITED - GREGORY GRAY
COMMUNITIE UNITED - CHIEF RAUL MARTINEZ
2. SALUTES PRESENTED BY MAYOR DIAZ TO:
CIVILIAN EMPLOYEE OF THE YEAR- TANIA BIGLES
COMMUNITY POLICING OFFICER OF THE YEAR -
MISAEL REYES
OFFICER OF THE YEAR - PETER ROMERO
OFFICER OF THE YEAR - FRANCISCO BARBEITO
OFFICER OF THE YEAR FOR ADE COUNTY
ASSOCIATION OF CHIEFS OF POLICE -
ORLANDO MERCED
3. CERTIFICATES OF MERIT PRESENTED BY MAYOR
DIAZ TO:
SERGEANT GENE KOWAISKI
OFFICER STAN STANELY
OFFICER PAGTRICIO BASAURE
OFFICER JOSE ROJAS
4. COMMENDATION PRESENTED BY MAYOR DIAZ TO
FRAN ROLLASON, ASSISTANT CITY MANGER.
5. COMMISSIONER TEELE RECOGNIZED RETIRED
POLICE OFFICERS COMMUNITY BENEVOLENT
ASSOCIATION MEMBERS:
CLARENCE DICKSON FRANK TAYLOR
OTIS DAVIS
AMOS BROOKS
KENNETH LITTLE
GRADY RAWLS
LEROY SMITH
GARY WARD
ROBERT BOYD
RICHARD PEARSON
WILLIAM JACKSON
HANEGF HAMIAULLAH
JESSE HILL
THOMAS MARSHALL
6. PROCLAMATION BY VICE CHARIMAN WINTON IN
RECOGNITION OF MARIA ELENA AND SALVATORE
DELLUTRI FOR THEIR GENEROUS DONATION OF
CHRISTMAS GIFTS TO UNDERPRIVILEDGED CHILDREN
IN WYNWOOD.
•
0 PAGE 4
FEBRUARY 14, 2002
Al. PURSUANT TO SECTION 4(g)(5) OF THE CHARTER NONE
MIAMI, FLORIDA, ITEM (S) VETOED BY THE
MAYOR SHALL BE PLACED BY THE CITY CLERK
AS THE FIRST SUBSTANTIVE ITEM (S) FOR
COMMISSION CONSIDERATION.
FOR ADOPTED LEGISLATION NOT APPEARING
AS PART OF THIS PRINTED AGENDA, KINDLY
REFER TO THE CITY CLERK'S REPORT,
ATTACHED HERETO.
0 0
9:00 A.M EXECUTIVE SESSION
(CLOSED TO PUBLIC TO DISCUSS LITIGATION
STRATEGY)
UNDER THE PARAMETERS OF F. S. 286.011(8)
[2001], THE PERSON CHAIRING THE CITY OF
MIAMI COMMISSION MEETING WILL ANNOUNCE
IMMEDIATELY AFTER THE MEETING IS
CONVENED THE COMMENCEMENT OF
ATTORNEY-CLIENT SESSIONS, CLOSED TO THE
PUBLIC, FOR PURPOSES OF DISCUSSING
PENDING LITIGATION: (1) MCGRATH VS. CITY OF
MIAMI AND MIAMI-DADE COUNTY VS. CITY OF
MIAMI (PARKING SURCHARGE CASES); AND (2)
DELOITTE-TOUCHE, LLP & FRANK PAREDES VS.
CITY OF MIAMI. THE CLOSED DOOR SESSIONS
WILL BEGIN AT APPROXIMATELY 9:00 A.M. AND
CONCLUDE AT APPROXIMATELY 10:00 A.M.
BOTH SESSIONS WILL BE ATTENDED BY THE
MEMBERS OF THE CITY COMMISSION, TOMAS
REGALADO, ANGEL GONZALEZ, JOE SANCHEZ,
ARTHUR E. TEELE, JR., AND JOHNNY L. WINTON;
THE CITY MANAGER, CARLOS A. GIMENEZ; THE
CITY ATTORNEY, ALEJANDRO VILARELLO, AND
ASSISTANT CITY ATTORNEY MARIA J. CHIARO.
THE SESSION RELATED TO THE PARKING
SURCHARGE CASES WILL BE ATTENDED
ADDITIONALLY BY COUNSELS FOR THE CITY,
JOSEPH SEROTA AND CHRISTOPHER KURTZ OF
THE LAW FIRM OF WEISS SEROTA & HELFMAN.
THE SESSION RELATED TO THE DELOITTE-
TOUCHE, LLP & FRANK PAREDES CASE WILL BE
ATTENDED ADDITIONALLY BY COUNSELS FOR
THE CITY, THOMAS TEW AND JOSEPH REBAK OF
THE LAW FIRM OF TEW & BEASLEY, LLP.
A CERTIFIED COURT REPORTER WILL BE
PRESENT TO ENSURE THAT THE SESSIONS ARE
FULLY TRANSCRIBED AND THE TRANSCRIPTS
WILL BE MADE PUBLIC UPON THE CONCLUSION
OF THE ABOVE CITED, ONGOING LITIGATIONS.
AT THE CONCLUSION OF THE ATTORNEY-CLIENT
SESSIONS, THE REGULAR COMMISSION MEETING
WILL BE REOPENED AND THE PERSON CHAIRING
THE COMMISSION MEETING WILL ANNOUNCE
THE TERMINATION OF THE ATTORNEY-CLIENT
SESSIONS.
PACE 5
FEBRUARY 14, 2002
M-02-153
MOVED: TEELE
SECONDED: WINTON
ABSENT: SANCHEZ
M-02-154
MOVED: TEELE
SECONDED: WINTON
ABSENT: SANCHEZ
M-02-172
MOVED: GONZALEZ
SECONDED:REGALADO
ABSENT: SANCHEZ
B.
1.
0
APPROVING THE MINUTES OF THE FOLLOWING
MEETINGS:
• REGULAR COMMISSION MEETING OF
FEBRUARY 8, 2001
• SPECIAL MEETING OF FEBRUARY 15, 2001
CONSENT AGENDA
Unless a member of the City Commission wishes to remove
a specific item from this portion of the agenda, Items CA -1
through CA -15 constitute the Consent Agenda. These
resolutions are self-explanatory and are not expected to
require additional review or discussion. Each item will be
recorded as individually numbered resolutions, adopted
unanimously by the following motion:
" .. that the Consent Agenda comprised of items
CA -1 through CA -15 be adopted_..."
The Presiding Officer or City Clerk shall state the following:
"Before the vote on adopting items included in the Consent
Agenda is taken, is there anyone present who is an objector
or proponent that wishes to speak on any item in the
Consent Agenda? Hearing none, the vote on the adoption
of the Consent Agenda will now be taken."
CA -1. RESOLUTION - (J-02-096) - (ACCEPTING BID)
ACCEPTING THE BID OF GENERAL TRAILER AND
EQUIPMENT SALES, INC., (NON-MiNORITYINON-LOCAL
VENDOR, 4200 N. DIXIE. HWY., POMPANO BEACH,
FLORIDA) THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER PURSUANT TO INVITATION
FOR BIDS NO. 01-02-034R, DATED DECEMBER 17,
2001, FOR THE PROCUREMENT OF ONE G824T3
HAULMARK THRIFTY HAULER, FOR THE DEPARTMENT
OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED
$5,518; ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECT NO. 313304, AS FUNDED BY
THE FIRE ASSESSMENT FEE.
PAGE, 6
FEBRUARY 14, 2002
NOT TAKEN UP
R-02-137
MOVED: TEELE
SECONDED:GONZ?,LEZ
ABSENT: SANCHEZ
CA -2.
CONSENT AGENDA CONT'D
RESOLUTION - (J-02-100) - (ACCEPTING BID)
ACCEPTING THE BID OF COMMERCIAL ENERGY
SPECIALISTS, INC. (HISPANIC/NON-LOCAL VENDOR,
860 JUPITER PARK DRIVE #2, JUPITER, FLORIDA) THE
LOWEST RESPONSIVE AND RESPONSIBLE BIDDER
PURSUANT TO INVITATION FOR BIDS NO. 01-02-022,
DATED JANUARY 9, 2002, FOR THE ACQUISITION OF
LIQUID BULK CHLORINE AND STORAGE TANK RENTAL
FOR WATER TREATMENT OF TWO CITY POOLS, FOR
THE DEPARTMENT OF PARKS AND RECREATION, ON A
CONTRACT BASIS FOR A PERIOD OF ONE YEAR, WITH
THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-
YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO
EXCEED $28,080; ALLOCATING FUNDS FROM PARKS
AND RECREATION GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 001000.580301.6.704.
PAGE 7
FEBRUARY 14, 2002
R-02-138
MOVED: TEELE
SECONDED: GONZALEZ
ABSENT:SANCHEZ
CA -3. RESOLUTION - (J-02.098) - (ACCEPTING BID)I R-02-139
MOVED: TEELE
ACCEPTING THE BID OF SUPERIOR COMMUNICATIONS,
INC., (H[SPAN ICINON-LOCAL VENDOR, 749 BAY COVE
CT., MIDDLEBURG, FLORIDA) THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT
TO INVITATION FOR BIDS NO. 00-01-292, DATED
DECEMBER 5, 2001, FOR THE (PROCUREMENT OF
TWENTY-TWO YAESU TWO-WAY RADIOS AND
ACCESSORIES FOR THE BAYFRONT PARK
MANAGEMENT TRUST, IN AN AMOUNT NOT TO EXCEED
$8,115; ALLOCATING FUNDS FROM THE BAYFRONT
PARK MANAGEMENT TRUST CAPITAL IMPROVEMENT
BUDGET.
SECONDED: GONZALEZ
ABSENT: SANCHEZ
• 0
CONSENT AGENDA CONT'D
PAGE 8
FEBRUARY 14, 2002
CA -4. RESOLUTION - (J-02-099) - (ACCEPTING BID) 4
f R-02-140
ACCEPTING THE BID OF A+ MINI STORAGE, (NON-
MINORITY/LOCAL VENDOR, 1851 DELAWARE
PARKWAY (NW 17 STREET AND 27 AVENUE), MIAMI,
FLORIDA) THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER PURSUANT TO INVITATION
FOR BIDS NO. 00-01-263R, DATED AUGUST 29, 2001,
FOR THE ACQUISITION OF A SECURED, AIR-
CONDITIONED SELF -STORAGE FACILITY FOR THE
STORAGE OF RECORDS, MISCELLANEOUS
EQUIPMENT AND SUPPLIES FOR THE DEPARTMENT
OF POLICE, ON A CONTRACT BASIS, FOR A PERIOD
OF TWO YEARS, WITH THE OPTION TO RENEW FOR
THREE ADDITIONAL ONE-YEAR PERIODS, IN AN
ANNUAL AMOUNT NOT TO EXCEED $39,744;
ALLOCATING FUNDS FROM ACCOUNT CODE NO.
001000.290201.6.610.
CA -5. RESOLUTION - (J-02-101) - (APPROVING
PROCUREMENT)
APPROVING THE PROCUREMENT OF THIRTEEN
HUNDRED YEAR 2002 FLORIDA LAW ENFORCEMENT
HANDBOOKS, CITY OF MIAMI EDITION, FOR THE
DEPARTMENT OF POLICE FROM THE MIAMI-DADE
POLICE DEPARTMENT, IN AN AMOUNT NOT TO
EXCEED $13,780; ALLOCATING FUNDS FROM THE
POLICE GENERAL OPERATING BUDGET, ACCOUNT
CODE NO. 001000.290201.6.760.
MOVED: TEELE
SECONDED: GONZALEZ
ABSENT: SANCHEZ
R-02-141
MOVED: TEELE
SECONDED: GONZALEZ
ABSENT: SANCHEZ
CA -6.
CA -7.
0 so
CONSENT AGENDA CONT'D
RESOLUTION - (J-02-097) - (APPROVING
ACQUISITION)
APPROVING THE ACQUISITION OF PREVENTIVE
MAINTENANCE AND REPAIR SERVICES FOR ROLL -UP
DOORS TO BE USED BY VARIOUS DEPARTMENTS,
FOR THE DEPARTMENT OF PURCHASING FROM BEST
GARAGE DOOR, INC., (HISPANIC/NON-LOCAL
VENDOR, 9780 NW 79 AVENUE, HIALEAH GARDENS,
FLORIDA), ON AN AS -NEEDED CONTRACT BASIS,
UNDER EXISTING MIAMI-DADE COUNTY CONTRACT
NO. 6050.2104 -OTR -CW, EFFECTIVE THROUGH
NOVEMBER 30, 2002, AND ANY EXTENSIONS;
ALLOCATING FUNDS FROM EACH OF THE GENERAL
OPERATING BUDGETS OF VARIOUS USER
DEPARTMENTS, SUBJECT TO BUDGETARY
APPROVAL.
RESOLUTION - (J-02-104) - (APPROVING
PROCUREMENT)
APPROVING THE PROCUREMENT OF OFFICE
FURNITURE FOR THE BAYFRONT PARK
MANAGEMENT TRUST ("TRUST") FROM VARIOUS
VENDORS, ON AN AS -NEEDED CONTRACT BASIS,
UNDER EXISTING STATE OF FLORIDA CONTRACT NO.
425-001-01-1, EFFECTIVE THROUGH MARCH 31, 2004,
AND ANY EXTENSIONS, IN AN ANNUAL AMOUNT NOT
TO EXCEED $11,000; ALLOCATING FUNDS FROM THE
GENERAL OPERATING BUDGET OF THE TRUST.
PAGE 9
FEBRUARY 14, 2002
R-02-142
MOVED: TEELE
SECONDED: GONZALEZ
ABSENT: SANCHEZ
R-02-143
MOVED: TEELE
SECONDED: GONZALEZ
ABSENT: SANCHEZ
CONSENT AGENDA CONT'D
CA -8. RESOLUTION - (J-02-111) - (ACCEPTING
RECOMMENDATION)
ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER TO APPROVE THE FINDINGS OF THE
SELECTION COMMITTEES, PURSUANT TO REQUEST
FOR PROPOSALS, FOR THE MOST QUALIFIED FIRMS
TO PROVIDE PROFESSIONAL SERVICES FOR PUBLIC
WORKS CATEGORY "B" DESIGNATED PROJECTS FOR
2002 THROUGH 2004 LISTED BY SPECIALTY IN RANK
ORDER; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES
AGREEMENTS WITH EACH FIRM IN AN AMOUNT NOT
TO EXCEED THE AMOUNT INDICATED IN ATTACHMENT
"A" FOR EACH SPECIALTY FOR EACH FIRM;
ALLOCATING FUNDS FROM INDIVIDUAL PROJECT
ACCOUNTS,
CA -9. RESOLUTION - (J-02-112) - (AUTHORIZING THE
ENGAGEMENT OF THE LAW FIRM WEISS SEROTA
HELFMAN PASTORIZA & GUEDES)
AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM
OF WEISS SEROTA HELFMAN PASTORIZA & GUEDES,
P.A. FOR REPRESENTATION OF THE CITY OF MIAMI IN
THE CASE OF AMPCO SYSTEM PARKING, INC., ET AL..
VS. CITY OF MIAMI, IN THE ELEVENTH JUDICIAL
CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA,
CASE NO. 01-27582 CA (15), IN THE AMOUNT OF
$10,000 PLUS COSTS AS APPROVED BY THE CITY
ATTORNEY; ALLOCATING FUNDS FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND,
ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID
SERVICES.
PAGE 10
FEBRUARY 14, 2002
R-02-144
MOVED: TEELE
SECONDED: GONZALEZ
ABSENT: SANCHEZ
R-02-145
MOVED: TEELE
SECONDED: GONZALEZ
ABSENT: SANCHEZ
CA -10.
CONSENT AGENDA CONT'D
RESOLUTION - (J-02-40) - (AUTHORIZING
SETTLEMENT)
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
GREGORI INTERNATIONAL OF FLORIDA, INC. THE
SUM OF $975,000, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI FOR THE CASE OF
GREGORI INTERNATIONAL OF FLORIDA, INC. VS. CITY
OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, CASE NO. 97-16935 CA (02), UPON
EXECUTION OF A GENERAL RELEASE AND
COMPLIANCE WITH AN ESCROW AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY;
DIRECTING THE CITY ATTORNEY TO TAKE ACTIONS
NECESSARY, INCLUDING THE ENGAGEMENT OF
LEGAL COUNSEL, AGAINST BUNKERS OF MIAMI, A
FLORIDA JOINT VENTURE, A/K/A BUNKERS OF MIAMI,
INC., A/K/A BUNKERS OF MIAMI JOINT VENTURE A/K/A
BUNKERS OF MIAMI ("BUNKERS") AND OTHER
PARTIES TO OBTAIN RELIEF OR TO REMEDY ANY
LOSSES OR DAMAGES SUSTAINED BY THE CITY
RELATED TO ALLEGATIONS IN THE REFERENCED
LAWSUIT; ALLOCATING FUNDS, IN AN AMOUNT NOT
TO EXCEED $975,000, FROM THE SELF-INSURANCE
AND INSURANCE TRUST FUND, ACCOUNT CODE
NO. 515001.6 24401.6.6 61.
PAGE l I
FEBRUARY 14, 2002
M-02-173
MOVED: GONZALEZ
SECONDED: TEELE
ABSENT: SANCHEZ
CA -11
CONSENT AGENDA CONT'D
RESOLUTION - (J-02-102) - (AUTHORIZING THE
CITY MANAGER TO EXECUTE A LEASE AGREEMENT)
AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN
THE CITY OF MIAMI ("LESSEE") AND GROVITES
UNITED TO SURVIVE, ("LESSOR") FOR THE USE OF
APPROXIMATELY 1500 SQUARE FEET OF THE
PROPERTY LOCATED AT 3692-B GRAND AVENUE,
MIAMI, FLORIDA, FOR OFFICE SPACE FOR THE
SOUTHWEST GROVE NET OFFICE AT A MONTHLY FEE
OF $1,300 FOR A PERIOD OF TWO YEARS, WITH THE
FOLLOWING TERMS AND CONDITIONS: THE CITY
WILL BE RESPONSIBLE FOR (1) THE FIRST $2,000 OF
COSTS FOR NON-STRUCTURAL MAINTENANCE AND
REPAIR OF THE OFFICE SPACE, (2) PAYMENT OF ALL
UTILITIES AND (3) CONSTRUCTION OF ONE HANDICAP
ACCESSIBLE BATHROOM AT AN ESTIMATED COST OF
$12,957.69 AND OTHER TERMS AS MORE
PARTICULARLY SET FORTH IN SAID AGREEMENT;
ALLOCATING FUNDS FROM ACCOUNT CODE
NO. 145001.251113.6.620.
PACE 12
FEBRUARY 14, 2002
R-02-152
(AS MODIFIED)
MOVED: WINTON
SECONDED: TEELE
ABSENT: SANCHEZ
CA -12.
CONSENT AGENDA CONT'D
RESOLUTION - (J-02-107) - (AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT)
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, TO APPLY FOR FUNDS THROUGH A LOCAL
AGENCY PROGRAM ("LAP") AGREEMENT BETWEEN
THE CITY OF MIAMI AND THE FLORIDA DEPARTMENT
OF TRANSPORTATION ("FDOT") AND TO ACCEPT THE
SUM OF $250,000 FROM FDOT FOR THE
"LANDSCAPINGIAESTHETIC IMPROVEMENT"
PROJECT (THE "PROJECT") IN THE OVERTOWN
NEIGHBORHOOD; FURTHER AUTHORIZING THE CITY
MANAGER TO ACCEPT THE OBLIGATIONS OF
OWNERSHIP, MAINTENANCE AND LIABILITY OF THE
PROJECT AND TO EXECUTE ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, NECESSARY TO COMPLETE THE
PROJECT.
PACE 13
FEBRUARY 14, 2002
R-02-146
MOVED: TEELE
SECONDED: GONZALEZ
ABSENT: SANCHEZ
PAGE 14
FEBRUARY 14, 2002
CONSENT AGENDA CONT'D
CA -13. RESOLUTION - (J-02-108) - (AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT) R-02-147
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, TO APPLY FOR FUNDS THROUGH A LOCAL
AGENCY PROGRAM ("LAP") AGREEMENT BETWEEN
THE CITY OF MIAMI AND THE FLORIDA DEPARTMENT
OF TRANSPORTATION ("FDOT") AND TO ACCEPT THE
SUM OF $120,000 FROM FDOT FOR THE
"SECTORITRAILBLAZER SIGNAGE" PROJECT (THE
"PROJECT") FOR THE OVERTOWN NEIGHBORHOOD;
FURTHER AUTHORIZING THE CITY MANAGER TO
ACCEPT THE OBLIGATIONS OF OWNERSHIP,
MAINTENANCE AND LIABILITY OF THE PROJECT AND
TO EXECUTE ALL NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
COMPLETE THE PROJECT.
MOVED: TEELE
SECONDED: GONZALEZ
ABSENT: SANCHEZ
CONSENT AGENDA CONT'D
CA -14. RESOLUTION - (J-02-106) - (RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
ACCEPTANCE OF A DONATION)
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S ACCEPTANCE OF A DONATION OF FOOD
FROM THE MCDONALD'S CORPORATION, WITH AN
ESTIMATED VALUE OF $1,030, AND 361 TOYS FOR
NEEDY CHILDREN FROM PAWA COMPLEX
INTERNATIONAL, INC., WITH AN ESTIMATED VALUE
OF $1,500, TO THE DEPARTMENT OF PARKS AND
RECREATION, FOR THE ANNUAL "SNOW IN THE
SUNSHINE" EVENT HELD ON DECEMBER 22, 2001 AT
THE ORANGE BOWL STADIUM.
CA -15. RESOLUTION - (J-02-105) - (AMENDING
RESOLUTION NO. 00-745 AND RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
ACTION)
AMENDING RESOLUTION NO. 00-745 AND RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
ACTION IN EXECUTING AN AMENDMENT TO AN
EXISTING AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH BELAFONTE TACOLCY
CENTER, INC., BY INCREASING THE AMOUNT OF
FUNDING FOR THE OPERATION OF THE SPORTS
DEVELOPMENT PROGRAM AT TACOLCY PARK FOR
FISCAL YEAR 2001-2002, IN AN AMOUNT NOT TO
EXCEED $7,880, FROM $78,795 TO $86,675;
ALLOCATING FUNDS FROM NON -DEPARTMENTAL
ACCOUNT NO. 001000.921002.6.930, AS
APPROPRIATED BY ANNUAL APPROPRIATIONS
ORDINANCE NO. 12128.
END OF CONSENT AGENDA
PAGE 15
FEBRUARY 14, 2002
R-02-148
MOVED: TEELE
SECONDED: GONZALEZ
ABSENT: SANCHEZ
R-02-149
MOVED: TEELE
SECONDED: GONZALEZ
ABSENT: SANCHEZ
MAYOR AND COMMISSIONERS' ITEMS
CITYWIDE
HONORABLE MAYOR MANUEL A. DIAZ
A. REQUEST OF WAIVER FROM THE U.S. DEPARTMENT
OF HOUSING & URBAN DEVELOPMENT (HUD) ON
THE 15% LIMIT ASSOCIATED WITH CDBG FUNDED
ACTIVITIES UNDER THE CATEGORY OF PUBLIC
SERVICE.
B. REPRESENTATIVE(S) OF THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT TO MAKE A
PRESENTATION OF A $1.2 MILLION AWARD TO THE
CITY OF MIAMI FOR THE FLAGAMI STORM WATER
DRAINAGE PROJECT.
C. DISCUSSION CONCERNING CHANGING THE NAME OF
N. E. 21ST STREET FROM BISCAYNE BLVD. TO
BISCAYNE BAY MONSIGNOR BRYAN O. WALSH
BOULEVARD.
D. RESOLUTION - (J-02-146) - (APPROVING THE CITY'S
CO-SPONSORSHIP OF THE 67H ANNUAL HAITIAN
MUSIC AND ENTERTAINMENT AWARDS)
APPROVING THE CITY'S CO-SPONSORSHIP OF THE
Srx ANNUAL HAITIAN MUSIC AND ENTERTAINMENT
AWARDS, PRESENTED BY LA REINE
ENTERTAINMENT ("ORGANIZER"), TO BE HELD ON
MARCH 30, 2002, AT THE MIAMI ARENA PROVIDED
THAT THE ORGANIZER: (1) OBTAIN ALL PERMITS
REQUIRED BY LAW; (2) PAY FOR ALL OTHER CITY
SERVICES AND APPLICABLE FEES ASSOCIATED WITH
SAID EVENT; (3) OBTAIN INSURANCE TO PROTECT
THE CITY IN THE AMOUNT AS PRESCRIBED BY THE
CITY MANAGER OR DESIGNEE; AND (4) COMPLY
WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY MANAGER OR DESIGNEE;
AUTHORIZING A CONTRIBUTION IN AN AMOUNT NOT
TO EXCEED $15,000; ALLOCATING FUNDS FROM THE
SPECIAL EVENTS ACCOUNT.
PACE 16
FEBRUARY 14, 2002
DEFERRED BY
M-02-136
MOVED: TEELE
SECONDED: GONZALEZ
ABSENT: SANCHEZ
DEFERRED BY
M-02136
MOVED: TEELE
SECONDED: GONZALEZ
ABSENT: SANCHEZ
M-02-1.59
MOVED: GONZALEZ
SECONDED: TEELE
ABSENT: SANCHEZ
R-02-160
MOVED: TEELE
SECONDED: GONZALEZ
ABSENT: SANCHEZ
PAGE 17
FEBRUARY 14, 2002
MAYOR AND COMMISSIONERS' ITEMS CONT'D
DISTRICT 1
COMMISSIONER ANGEL GONZALEZ
A.
MAYOR AND COMMISSIONERS' ITEMS CONT'D
DISTRICT 2
VICE CHAIRMAN JOHNNY L. WINTON
SECOND READING ORDINANCE - (J-01-375)
AMENDING CHAPTER 6/ARTICLE li OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "DOGS," TO REQUIRE THE OWNER OR
RESPONSIBLE PARTY TO IMMEDIATELY REMOVE
AND PROPERLY DISPOSE OF FECAL MATTER WHEN
THEIR DOG(S) DEFECATE ON PUBLIC AND PRIVATE
PROPERTY, INCLUDING BUT NOT LIMITED TO,
PARKS, SIDEWALKS, SWALES, AND STREETS;
PROVIDING FOR A CIVIL PENALTY FOR VIOLATION(S)
AND ENFORCEMENT THEREOF; MORE
PARTICULARLY BY CREATING SECTION 6-45 OF SAID
CODE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
DATE OF FIRST READING : JANUARY 10, 2002
MOVED : COMMISSIONER WINTON
SECONDED : COMMISSIONER SANCHEZ
VOTE UNANIMOUS
B. SECOND READING ORDINANCE - (J-02-053)
ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED "DUPONT PLAZA PROJECT --
METROMOVER REALIGNMENT IN DOWNTOWN MIAMI
(FY 2001-02)" AND APPROPRIATING FUNDS IN THE
AMOUNT OF $480,000, CONSISTING OF A GRANT
FROM THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE OPERATION OF THE
TRANSPORTATION OUTREACH PROGRAM;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID
GRANT AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY; AND AUTHORIZING THE EXPENDITURES
OF THE GRANT FOR THE OPERATION OF THE
PROGRAM; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
DATE OF FIRST READING : JANUARY 10, 2002
MOVED : COMMISSIONER WINTON
SECONDED : COMMISSIONER SANCHEZ
VOTE : UNANIMOUS
PAGE 18
FEBRUARY 14, 2002
ORDINANCE 12189
MOVED: WINTON
SECONDED: TEELE
ABSENT: SANCHEZ
ORDINANCE 12190
MOVED: WINTON
SECONDED: TEELE
ABSENT: SANCHEZ
0 •
MAYOR AND COMMISSIONERS' ITEMS CONT'D
DISTRICT 2
VICE CHAIRMAN JOHNNY L. WINTON CONT'D
C. DISCUSSION CONCERNING THE RENAMING OF
BISCAYNE HEIGHTS MINI -PARK TO SHORECREST
MINI -PARK.
D. DISCUSSION CONCERNING THE PLACEMENT OF
LIGHT POLE BANNERS BY FLORIDA INTERNATIONAL
UNIVERSITY (FIU) FOR THE SOUTH BEACH WINE AND
FOOD FESTIVAL TO BE HELD FROM MARCH 15 -- 17,
2002.
E. DISCUSSION CONCERNING THE NAMING OF THE
RECREATION BUILDING LOCATED IN THE ROBERTO
CLEMENTE PARK.
PAGE 19
FEBRUARY 14, 2002
DEFERRED TO
MARCH 7, 2002 BY
M-02-155
MOVED: WINTON
SECONDED: TEELE
ABSENT: SANCHEZ
M-02-190
MOVED: WINTON
SECONDED: TEELE
ABSENT: SANCHEZ
DEFERRED TO
MARCH 7, 2002 BY
M-02-156
MOVED: WINTON
SECONDED: THELE
ABSENT: SANCHEZ
• PAGE 20
FEBRUARY 14, 2002
MAYOR AND COMMISSIONERS' ITEMS CONT'D
DISTRICT 3
COMMISSIONER JOE SANCHEZ
A. DISCUSSION CONCERNING CO-SPONSORSHIP OF ST.
SOPHIA CATHEDRAL GREEK FESTIVAL TO ALLOW WITHDRAWN
HANGING BANNERS ON LIGHT POLES.
A.
B.
•
MAYOR AND COMMISSIONERS' ITEMS CONT'D
DISTRICT 4
CHAIRMAN TOMAS REGALADO
DISCUSSION CONCERNING CABLE SERVICES
PROVIDED BY AT&T.
FIRST READING ORDINANCE - (J-02-74)
AMENDING CHAPTER 2, ARTICLE XI, OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ADMINISTRATION, BOARDS,
COMMITTEES, COMMISSIONS," TO: (1) RENAME
DIVISION 10, ENTITLED "CULTURAL AND FINE ARTS
BOARD" TO THE CITY OF MIAMI CULTURAL, FINE
ARTS AND ENTERTAINMENT COUNCIL ("COUNCIL");
(2) REPEAL SECTIONS 2-1140 THROUGH 2-1143 IN
THEIR ENTIRETY; AND (3) AND SUBSTITUTE IN LIEU
THEREOF NEW SECTIONS 2-1140 THROUGH 2-1143,
TO CREATE, ESTABLISH, AND SET FORTH THE
COUNCIL'S PURPOSE, POWERS AND DUTIES,
PROVIDE FOR MEMBERSHIP AND APPOINTMENTS,
QUALIFICATIONS, OFFICERS, TERMS OF OFFICE,
VACANCIES, MEETINGS, QUORUM AND VOTING,
ATTENDANCE REQUIREMENTS, PARLIAMENTARY
AUTHORITY, RULES OF PROCEDURE, MINUTES,
ASSIGNMENT OF STAFF, LEGAL COUNSEL, NOTICES
AND FILING OF RECORDS; AND (4) PROVIDE FOR
"SUNSET" REVIEW OF THE COUNCIL BY AMENDING
SECTION 2-892 OF SAID CODE; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE,
PAGE 21
FEBRUARY 14, 2002
M-02-157
MOVED: TEELE
SECONDED: WINTON
ABSENT: SANCHEZ
M-02-158
MOVED: TEELE
SECONDED: GONZALEZ
ABSENT: SANCHEZ
FIRST READING ORD,
MOVED: TEELE
SECONDED: WINTON
ABSENT: SANCHEZ
0
MAYOR AND COMMISSIONERS' ITEMS CONT'D
DISTRICT 5
COMMISSIONER ARTHUR E. TEELE, JR
A. DISCUSSION AND INSTRUCTION TO THE CITY
MANAGER APPROVING THE REQUEST FROM U.S
CONGRESSWOMAN CARRIE MEEK TO THE CITY OF
MIAMI REQUESTING THE TRANSFER OF LAND
LOCATED AT NW 17TH AVENUE AND 62ND STREET TO
M.O.V.E.R'S, INC., A NOT-FOR-PROFIT 501 ( C ) 3
ORGANIZATION THAT PROVIDES HEALTHCARE AND
RELATED SERVICES WITHIN THE CITY OF MIAMI.
B. RESOLUTION INSTRUCTING THE CITY MANAGER TO
INSTRUCT THE INTERNAL AUDITOR WITH SUPPORT
FROM THE DEPARTMENTS OF ASSET MANAGEMENT,
LAW AND PUBLIC WORKS, TO PROVIDE A WRITTEN
REPORT AND AN UPDATED SURVEY ON THE
ABANDONED RIGHT-OF-WAY LOCATED BETWEEN
NW 10TH STREET AND NW 11TH STREET FROM
BISCAYNE BOULEVARD TO NW 2ND AVENUE, AND
FURTHER TO PROVIDE A DETAIL REPORT OF ANY
SALES OR TRANSFER OF SAID RIGHT-OF-WAY
INCLUDING SPECIFICALLY THE PARCEL OF LAND
BETWEEN NE 2ND AVENUE AND BISCAYNE
BOULEVARD.
C. DISCUSSION AND REQUEST FOR THE EXTERNAL
AUDITOR OF THE CITY, K.P.M.G, TO PROVIDE A
WRITTEN REPORT TO THE COMMISSION ON THE
CURRENT AND FUTURE LIABILITIES AND
OBLIGATION TO ALL PENSION FUNDS.
PACE 22
FEBRUARY 14, 2002
M-02-169
MOVED: TEELE
SECONDED: GONZALEZ
ABSENT: SANCHEZ,
REGALADO
R-02-193
(AS MODIFIED)
MOVED: TEELE
SECONDED: WINTON
ABSENT: SANCHEZ
DEFERRED
6
MAYOR AND COMMISSIONERS' ITEMS CONT'D
DISTRICT 5
COMMISSIONER ARTHUR E. TEELE, JR CONT'D
D. DISCUSSION REGARDING PREDATORY LENDING AND
EVICTION POLICYS AND REQUESTING THAT THE CITY
MAINTAIN A COMPREHENSIVE LIST INCLUDING CASE
FILES OF ALL ELDERLY PERSONS OVER THE AGE OF
65 WHOM WERE EVICTED WITHIN THE LAST YEAR
AND FURTHER DISCUSSION REGARDING THE
AUTHORITY OF THE CITY ATTORNEY TO INTERVENE
AND APPEAR AS "AMICUS CURIAE" ON SUCH
MATTERS:
I. DISCUSSION ON MRS. BERTHA COLLIER OF
COCONUT GROVE
II. COMMENDATION TO GOOD SAMARITAN DAVID
BROWN
E. RESOLUTION REQUESTING THAT THE CITY
MANAGER CONSIDER THE REQUEST OF THE CRA
BOARD AS IT RELATES TO RESOLUTION SEOPW/CRA
R-02-11 WHICH REQUESTS THAT THE CITY OF MIAMI
AND MIAMI-DADE COUNTY GRANT THE CRA A
LIMITED AMENDMENT TO THE INTERLOCAL
COOPERATIVE AGREEMENT AND AUTHORIZING THE
CRA TO ACQUIRE THE 23 VACANT PARCELS OF LAND
AS DETAILED IN "EXHIBIT A", AND ANY OTHER
PARCEL OF LAND AS MUTUALLY AGREED UPON,
THROUGH EMINENT DOMAIN PROCEEDINGS, FOR
MUNICIPAL PURPOSES CONSISTENT WITH FLORIDA
STATUTES 163, AND FURTHER REQUESTING THAT
THE CITY MANAGER TRANSMIT SUCH
AUTHORIZATION MOTICE TO MIAMI-DADE COUNTY
ON BEHALF OF THE CRA.
PAGE 23
FEBRUARY l4, 2002
M-02-150
MOVED: TEELE
SECONDED: WINTON
ABSENT: SANCHEZ
M-02-151
MOVED: TEELE
SECONDED: WINTON
ABSENT: SANCHEZ
R-02-194
MOVED: WINTON
SECONDED: TEELE
ABSENT: SANCHEZ
MAYOR AND COMMISSIONERS' ITEMS CONT'D
DISTRICT 5
COMMISSIONER ARTHUR E. TEELE , JR CONT'D
F. REQUEST OF THE CITY MANAGER TO PROVIDE TO
THE COMMISSION WITHIN 60 DAYS, IN CONJUNCTION
WITH THE INDEPENDENT FINANCIAL ADVISOR, A
PRESENTATION ON 3 OR MORE OPTIONS
REGARDING THE DRAW DOWN OF THE $250MM
BOND.
G.
DISCUSSION AND INSTRUCTION TO THE CITY
MANAGER REGARDING THE APPROACH TO THE
"MANAGEMENT" AND "STRATEGIC PLANNING"
FUNCTIONS OF THE CITY AS IT RELATES TO THE
CAPITAL IMPROVEMENTS PROJECTS (THE "C.I.P")
AND THE PLANNING FOR THE OTHER MAJOR ISSUES
AND PROJECTS SUCH AS WATER AND SEWER
IMPACT FEES, TAX ABATEMENT ISSUES,
TRANSPORTATION, DEDICATED SOURCE OF
FUNDING FOR TRANSIT, F.E.C. RIGHT-OF-WAY
ISSUES, PARKING SURCHARGE, FIBER OPTICS,
BICENTENNIAL PARK, VIRGINIA KEY PARK, FPL,
INTERLOCAL AGREEMENTS (OMNI, PUBLIC LIBRARY,
NEIGHBORHOOD CENTERS) ETC.
PAGE 24
FEBRUARY 14, 2002
M-02-192
MOVED: TEELE
SECONDED: WINTON
ABSENT: SANCHEZ
DISCUSSED
0
PUBLIC HEARING ITEMS
2. RESOLUTION - (J-02-094) - (RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY)
(415THS VOTE)
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDDING PROCEDURES, AND AMENDING
RESOLUTION NO. 00.655, ADOPTED JULY 27, 2000, BY
INCREASING THE CONTRACT WITH CONDO
ELECTRIC MOTORS, INC. FOR THE ACQUISITION OF
MAINTENANCE SERVICES FOR FOUR CITY OF MIAMI
STORMWATER PUMPING STATIONS FOR THE
DEPARTMENT OF PUBLIC WORKS, IN AN AMOUNT
NOT TO EXCEED $13,943.32, FROM $104,840 TO
$118,783.32 ANNUALLY, WITH THE OPTION TO
RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS;
ALLOCATING FUNDS FROM THE STORMWATER
UTILITY TRUST FUND, ACCOUNT CODE NO.
001000.311002.6.670.
PAGE 25
FEBRUARY 14, 2002
R-02-166
MOVED: TEELE
SECONDED: WINTON
ABSENT: SANCHEZ
• PAGE 26
FEBRUARY 14, 2002
PUBLIC HEARING ITEMS CONT'D
3. RESOLUTION - (J-02-095) - (RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY)
(415THS VOTE)
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDDING PROCEDURES AND ACCEPTING THE BID OF
MARIN & MARIN CONSTRUCTION, INC., THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER, DATED
OCTOBER 31, 2001, FOR THE PROJECT ENTITLED
"BAYWOOD PARK SEAWALL IMPROVEMENTS -
SECOND BIDDING - B-3277", IN THE AMOUNT OF
$107,398.75 FOR CONTRACT COSTS AND $16,498 FOR
EXPENSES FOR A TOTAL ESTIMATED COST OF
$123,896.75; ALLOCATING FUNDS FROM F.E.M.A. AND
STATE OF FLORIDA PROJECT NO. 800000 IN THE
AMOUNT OF $108,409.75 AND CAPITAL IMPROVEMENT
PROJECT NO. 331369 AS APPROPRIATED BY THE
ANNUAL APPROPRIATIONS AND CAPITAL
IMPROVEMENT PROJECTS ORDINANCES, AS
AMENDED, IN THE AMOUNT OF $15,487.
R-02-165
MOVED: TEELE
SECONDED: WINTON
ABSENT: SANCHEZ
r• PAGE 27
FEBRUARY 14, 2002
PUBLIC APPEARANCE
NOTE: LEGISLATION MAY RESULT FROM CITY COMMISSION
CONSIDERATION OF ANY PERSONAL APPEARANCE.
4. MS. GLORIA M. VELAZQUEZ, FROM COLOMBIAN
AMERICAN SERVICE ASSOCIATION (C.A.S.A), A NON
PROFIT ORGANIZATION TO ADDRESS THE
COMMISSION CONCERNING IN-KIND SERVICES FOR
THEIR FUNDRAISING EVENT ON FEBRUARY 17, 2002,
AT BAYFRONT PARK.
ADMINISTRATION RECOMMENDATION: TO BE
DISCUSSED
M-02-170
MOVED: WINTON
SECONDED: TEELE
ABSENT: SANCHEZ
M-02-171
MOVED: WINTON
SECONDED: TEELE
ABSENT: SANCHEZ
ORDINANCE - EMERGENCY
5. EMERGENCY ORDINANCE - (J-02-109)
(415THS VOTE)
(Note: This item is being presented as an emergency
measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of
the City of Miami, and upon further grounds of the
necessity to make the required and necessary payments
to its employees and officers, payment of its debts,
necessary and required purchases of goods and
supplies, and to generally carry on the functions and
duties of municipal affairs)
AMENDING ORDINANCE NO. 12128, AS AMENDED, BY
CREATING A NEW CAPITAL IMPROVEMENT PROJECT
AND MODIFYING AN EXISTING CAPITAL IMPROVEMENT
PROJECT FOR RIVER WALK EXTENSIONS AS DETAILED
HEREIN AND ACCEPTING AND APPROPRIATING FUNDS
IN THE AMOUNT OF $2,160,000, CONSISTING OF TWO
GRANTS FROM THE FLORIDA DEPARTMENT OF
TRANSPORTATION; AUTHORIZING THE CITY MANAGER
TO EXECUTE ALL NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY TO
ACCEPT THE GRANTS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
PAGE 28
FEBRUARY 14, 2002
EMERGENCY ORD. 12187
(AS MODIFIED)
MOVED: WINTON
SECONDED: TEELE
ABSENT: SANCHEZ
ORDINANCES — SECOND READING
NOTE: Any proposed ordinance listed as an item for second
reading in this section may be adopted as an
emergency measure upon being so determined by -the
City Commission.
6. SECOND READING ORDINANCE - (J-01-760)
AMENDING SECTION 35-193 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TO
ESTABLISH PARKING RATES AT THE BOAT TRAILER
PARKING LOT AT THE SEMINOLE BOAT RAMP
LOCATED IN KENNETH MYERS PARK AT THE
SOUTHWEST CORNER OF SOUTHWEST 27TH
AVENUE AND SOUTH BAYSHORE DRIVE IN COCONUT
GROVE, MIAMI, FLORIDA; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
DATE OF FIRST READING : JANUARY 10, 2001
MOVED : VICE CHAIRMAN WINTON
SECONDED : COMMISSIONER TEELE
VOTE : UNANIMOUS
7. SECOND READING ORDINANCE - (J-02-091)
AMENDING CHAPTER 40/ARTICLE IV/DIVISION 3 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "PERSON NEL/PENSION AND
RETIREMENT PLANICITY OF MIAMI GENERAL
EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST", BY RENUMBERING THE
RETIREMENT OPTIONAL ALLOWANCES FOR
IDENTIFICATION PURPOSES; MORE PARTICULARLY
BY AMENDING SECTION 40-255; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
DATE OF FIRST READING : JANUARY 24, 2001
MOVED : COMMISSIONER TEELE
SECONDED : VICE-CHAIRMAN WINTON
VOTE : UNANIMOUS
PAGE 29
FEBRUARY 14, 2002
ORDINANCE 12186
MOVED: WINTON
SECONDED: GONZALEZ
ABSENT: SANCHEZ
ORDINANCE 12185
MOVED: WINTON
SECONDED: TEELE
ABSENT: SANCHEZ
0 0
ORDINANCES - SECOND READING CONT'D
8, SECOND READING ORDINANCE - (J-02-057)
AMENDING CHAPTERS 2, 53 AND 54 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO
CHANGE THE NAME OF THE COCONUT GROVE
CONVENTION CENTER TO THE COCONUT GROVE
EXPO CENTER; MORE PARTICULARLY BY AMENDING
SECTIONS 2-358, 53-1, 53-151, 53-152, 53-153, 53-154
AND 54-341 OF SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
DATE OF FIRST READING : JANUARY 24, 2001
MOVED : VICE-CHAIRMAN WINTON
SECONDED : COMMISSIONER TEELE
VOTE : UNANIMOUS
PAGE 30
FEBRUARY 14, 2002
ORDINANCE 12184
MOVED: WINTON
SECONDED: GONZALEZ
ABSENT: SANCHEZ
0 r
ORDINANCE - FIRST READING
NOTE: Any proposed ordinance listed as an item for first
reading in this section may be adopted as an
emergency measure upon beinq so determined by the
City Commission.
9. FIRST READING ORDINANCE - (J-02-119)
AMENDING CHAPTERS 2, 12.5. 38 AND 40 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
TO WAIVE THE REQUIREMENTS FOR THOSE
INDIVIDUALS WHO ARE MEMBERS OF CITY BOARDS
AND WHO ARE (2) RESERVISTS IN THE UNITED
STATES ARMED FORCES OR MEMBERS OF THE
FLORIDA NATIONAL GUARD, AND HAVE BEEN
ORDERED TO ACTIVE MILITARY DUTY FOR NATIONAL,
STATE, OR HOMELAND DEFENSE AND DUE TO SUCH
DUTY CANNOT ATTEND BOARD MEETINGS, OR (2)
EMPLOYEES OF AGENCIES WHOSE SERVICES ARE
CONSIDERED ESSENTIAL FOR NATIONAL, STATE, OR
HOMELAND DEFENSE AND DUE TO SUCH SERVICES
CANNOT ATTEND BOARD MEETINGS; MORE
PARTICULARLY BY AMENDING SECTIONS 2-886, 12.5-
30, 38-233, 40-193, AND 40-243 OF SAID CODE;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
PAGE 31
FEBRUARY 14, 2002
FIRST READING ORD.
MOVED: WINTON
SECONDED: GONZALEZ
ABSENT: SANCHEZ
• • PAGE 32
FEBRUARY 14, 2002
RESOLUTIONS
DEPARTMENT OF FIRE -RESCUE
10. RESOLUTION - (J-02-092) - (RATIFYING, APPROVING,
AND CONFIRMING THE CITY MANAGER'S FINDING OF
AN EMERGENCY)
(4/5THS VOTE)
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDDING PROCEDURES AND APPROVING THE
ACQUISITION OF MOTOR COACH SERVICES FOR
THE DEPARTMENT OF FIRE -RESCUE FROM QUALITY
TRANSPORT SERVICES, INC., IN AN AMOUNT NOT TO
EXCEED $25,200; ALLOCATING FUNDS THEREOF
FROM THE URBAN SEARCH AND RESCUE
DEPLOYMENT ACCOUNT CODE NO.
110095.280906.6.340.
11. RESOLUTION - (J-02-093) - (RATIFYING, APPROVING,
AND CONFIRMING THE CITY MANAGER'S FINDING OF
AN EMERGENCY)
(415THS VOTE)
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDDING PROCEDURES AND APPROVING THE
RENTAL OF THREE SLEEPER CAB TRACTORS FOR
THE DEPARTMENT OF FIRE -RESCUE FROM RYDER
TRANSPORTATION SERVICES, IN AN AMOUNT NOT
TO EXCEED $6,376.04; ALLOCATING FUNDS FROM
THE URBAN SEARCH AND RESCUE DEPLOYMENT
ACCOUNT CODE NO. 110095.280906.6.340.
R-02-164
MOVED: WINTON
SECONDED: GONZALEZ
ABSENT: SANCHEZ
R-02-167
MOVED: TEELE
SECONDED: WINTON
ABSENT: SANCHEZ
RESOLUTIONS CONT'D
DEPARTMENT OF GENERAL SERVICES &
ADMINISTRATION
12. RESOLUTION - (J-02-114) - (RATIFYING, APPROVING,
AND CONFIRMING THE CITY MANAGER'S FINDING OF
AN EMERGENCY)
(415THS VOTE)
RATIFYING, APPROVING, AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDDING PROCEDURES AND AUTHORIZING THE
LEASING OF ONE 2002 BUICK PARK AVENUE
VEHICLE FOR USE BY COMMISSIONER ARTHUR E.
TEELE, JR. FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION FROM WILLIAM LEHMAN
LEASING FOR A PERIOD OF TWENTY-FOUR MONTHS
(12,000 MILES PER YEAR), IN AN AMOUNT NOT TO
EXCEED $17,500.80; ALLOCATING FUNDS FROM
ACCOUNT CODE NO. 001000.210701.6.10.
PAGE. 33
FEBRUARY 14, 2002
R-02-162
MOVED: WINTON
SECONDED: GONZALEZ
ABSENT: SANCHEZ
RESOLUTIONS CONT'D
DEPARTMENT OF LAW
12A RESOLUTION -- (J-02-126) - (AUTHORIZING
SETTLEMENT)
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
AS SETTLEMENT TO PLAINTIFFS, LYNN RUNNELS
AND PERRY RUNNELS, AS CO -PERSONAL
REPRESENTATIVES OF THE ESTATE OF JESSE
STUART RUNNELS, DECEASED, ETC. ET AL.,
WITHOUT ADMISSION OF LIABILITY, THE SUM OF
$1,250,000 (THE "SETTLEMENT") TO BE PAID AS
FOLLOWS: A FIRST PAYMENT OF $750,000, A
SECOND PAYMENT OF $250,000 ONE YEAR AFTER
THE FIRST PAYMENT, AND A THIRD PAYMENT OF
$250,000 AS A FULL AND FINAL PAYMENT ONE YEAR
AFTER THE SECOND PAYMENT FOR A TOTAL
AMOUNT NOT TO EXCEED $1,250,000, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, ITS
OFFICERS, AGENTS AND SERVANTS, INCLUDING, BUT
NOT LIMITED TO ALEJANDRO MACIAS, FOR THE CASE
OF LYNN RUNNELS AND PERRY RUNNELS AS CO -
PERSONAL REPRESENTATIVES OF THE ESTATE OF
JESSE STUART RUNNELS ETC. ET AL. VS. THE CITY
OF MIAMI AND ALEJANDRO MACIAS, FILED IN THE
UNITED STATES DISTRICT COURT, CASE NO. 00 -2930 -
CIV -KING, UPON THE EXECUTION OF A GENERAL
RELEASE RELEASING THE CITY OF MIAMI, ITS
PRESENT AND FORMER OFFICERS, AGENTS AND
EMPLOYEES FROM ANY AND ALL CLAIMS AND
DEMANDS; ALLOCATING FUNDS FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 515001.624401.6.652.
PACE 34
FEBRUARY 14, 2002
R-02-161
MOVED: WINTON
SECONDED: GONZALEZ
ABSENT: SANCHEZ
13.
RESOLUTIONS CONT'D
DEPARTMENT OF PUBLIC WORKS
RESOLUTION - (J-02-041) - (ACCEPTING PLAT)
ACCEPTING THE PLAT ENTITLED BANYAN BAY
APARTMENTS REPLAT, A SUBDIVISION IN THE CITY
OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF
THE PLAT AND STREET COMMITTEE, AND ACCEPTING
THE DEDICATIONS SHOWN ON SAID PLAT;
AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO EXECUTE SAID PLAT; AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA. (This item was deferred from the meeting of
January 24, 2002)
PAGE 35
FEBRUARY 14, 2002
R-02-168
MOVED:
TEELE
SECONDED:
GONZALEZ
ABSENT:
REGALADO,
SANCHEZ
13A. RESOLUTION - (J-02-125) - (ACCEPTING PLAT) I R-02-188
ACCEPTING THE PLAT ENTITLED BRICKELL WEST
TWO, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT
TO ALL OF THE CONDITIONS OF THE PLAT AND
STREET COMMITTEE, AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING
AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE SAID PLAT; AND PROVIDING FOR
THE RECORDATION OF SAID PLAT IN THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
MOVED: WINTON
SECONDED: GONZALEZ
ABSENT: SANCHEZ
M-02-189
MOVED: TEELE
SECONDED: WINTON
ABSENT: SANCHEZ
DISCUSSION ITEMS
NOTE: Legislation may result from City Commission
consideration of any Commission Discussion item.
This portion of the agenda is separately designated as
being available for the purpose of providing and
securing City Commission information, direction, and
guidance in significant pending and concluded
matters, including matters not specifically set forth in
this section.
It is anticipated that no input from anyone other than
the City personnel is needed or expected while the City
Commission is considering any matter in this portion
of the Agenda; accordingly, no member of the public
may address the City Commission during this time.
14. DISCUSSION CONCERNING A FINANCIAL UPDATE
AND BUDGET OUTLOOK. (This item was deferred from
the meetings of December 13, 2001 and January 10, 2002)
14A. DISCUSSION CONCERNING THE REIMBURSEMENT OF
OPERATIONAL EXPENSES (CELLULAR PHONE BILL)
TO THE CHAIRPERSON OF THE COMMUNITY
RELATIONS BOARD, MS. ADA ROJAS.
PAGE 36
FEBRUARY 14, 2002
NOT TAKEN UP
NOT TAKEN UP
5:00 P.M.
15.
0 •
SECOND READING ORDINANCE - (J-02-597)
CREATING NEW CHAPTER 11.5 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"CIVILIAN COMPLAINT INVESTIGATION AND REVIEW"
TO CREATE AND ESTABLISH THE CIVILIAN
INVESTIGATIVE PANEL ("CIVILIAN PANEL') TO
SERVE AS INDEPENDENT CITIZENS' OVERSIGHT
WITH AUTHORITY TO: CONDUCT INVESTIGATIONS
RELATED TO ALLEGATIONS OF POLICE
MISCONDUCT; REVIEW POLICIES OF THE POLICE
DEPARTMENT; REVIEW REPORTS OF
INVESTIGATIONS OF MISCONDUCT AND REVIEW
POLICIES AND PROCEDURES OF CERTAIN
ENUMERATED DEPARTMENTS; FORWARD
COMPLAINTS ALLEGING CRIMINAL ACTIVITY TO
RELEVANT AGENCIES; BE EMPOWERED TO ISSUE
SUBPOENAS FOR POLICE RELATED INVESTIGATIONS
AFTER CONSULTATION WITH THE STATE ATTORNEY,
PROVIDED THAT NO IMMUNITY BE CONFERRED BY
THE CIVILIAN PANEL; REVIEW DOCUMENTATION
RELATED TO DISCIPLINARY ACTION OF CERTAIN
OTHER ENFORCEMENT AND SWORN PERSONNEL
AND FIRE OFFICERS; SETTING FORTH THE CIVILIAN
PANEL'S PURPOSE, POWERS AND DUTIES;
MEMBERSHIP, NOMINATION OF MEMBERS; TERMS
OF OFFICE, VACANCIES, OFFICERS,
PARLIAMENTARY AUTHORITY; RULES OF
PROCEDURE, MEETINGS, VOTING AND QUORUM,
ATTENDANCE REQUIREMENTS, PROCEDURES;
ADMINISTRATIVE SUPPORT AND COUNSEL; AND
MORE PARTICULARLY BY ADDING NEW
SECTIONS 11.5-1 THROUGH 11.5-12 TO SAID CODE;
DIRECTING THE CITY MANAGER TO PRESENT A
REPORT TO THE CITY COMMISSION AS TO THE
TOTAL ESTIMATED DOLLAR ALLOCATIONS
NECESSARY TO COVER EXPENSES TO BE
INCURRED BY THE CIVILIAN PANEL AND PRESENT
SAME TO THE CITY COMMISSION FOR ITS REVIEW
AND CONSIDERATION; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
DATE OF FIRST READING : JANUARY 24, 2001
MOVED : COMMISSIONER TEELE
SECONDED : VICE-CHAIRMAN WINTON
VOTE : UNANIMOUS
PAGE 37
FEBRUARY 1 A, 2002
ORDINANCE 12188
(AS MODIFIED)
MOVED: TEELE
SECONDED: WINTON
ABSENT: SANCHEZ
M-02-175
MOVED: TEELE
SECONDED:GONZALEZ
ABSENT: SANCHEZ
M-02-176
MOVED: TEELE
SECONDED:REGALADO
ABSENT: SANCHEZ
M-02-177
MOVED: TEELE
SECONDED: WINTON
ABSENT: SANCHEZ
M-02-178
MOVED: TEELE
SECONDED: WINTON
ABSENT: SANCHEZ
M-02-179
MOVED: WINTON
SECONDED:GONZALEZ
ABSENT: SANCHEZ
M-02-180
MOVED: TEELE
SECONDED: WINTON
ABSENT: SANCHEZ
M-02-181
MOVED: WINTON
SECONDED: TEELE
ABSENT: SANCHEZ
M-02-182
MOVED: TEELE
SECONDED: WINTON
ABSENT: SANCHEZ
M-02-183
MOVED: WINTON
SECONDED:GONZALEZ
ABSENT: SANCHEZ
M-02-184
MOVED: WINTON
SECONDED:GONZALEZ
ABSENT: SANCHEZ
M-02-185
MOVED: WINTON
SECONDED: TEELE
ABSENT: SANCHEZ
M-02-186
MOVED: WINTON
SECONDED: TEELE
ABSENT: GONZALEZ,
SANCHEZ
M-02-187
MOVED: TEFLE
SECONDED: WINTON
ABSENT: SANCHEZ
5:30 P.M.
15A.
0 •
FIRST READING ORDINANCE - (J-02-147)
AMENDING CHAPTER 11.5 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"CIVILIAN COMPLAINT INVESTIGATION AND
REVIEW" WHICH CREATED THE CIVILIAN
INVESTIGATIVE PANEL ("CIVILIAN PANEL") BY
EXPANDING COMPLIANCE REQUIREMENTS WITH
THE APPLICABILITY OF FLORIDA STATUTE §286.011
("THE SUNSHINE LAW") AND SETTING FORTH
RELATED COMMUNICATION RESTRICTIONS; MORE
PARTICULARLY BY ADDING A NEW SUBSECTION TO
SECTION 11.5-5 OF SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
PAGE 38
FEBRUARY 14, 2002
DEFERRED TO
MARCH 7,2002