HomeMy WebLinkAboutR-98-0875J-98-995
9/8/98
RESOLUTION NO. 9 8 "- 8 7 5
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS
AS MEMBERS OF THE MIAMI RIVER COORDINATING
COMMITTEE.
WHEREAS, pursuant to Motion 98-873, passed on this date,
Commissioner Joe Sanchez, Cleve Jones and Steve Owens were
appointed as members of the Miami River Commission; and
WHEREAS, none of the above mentioned numbers was selected
from a list submitted by the three Miami River neighborhood
associations, namely, the Spring Garden Civic Association, the
Miami River Neighborhood Restoration Corporation and the Grove
Park Neighborhood Association, as required by Florida House
Bill 4027;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Commissioner Joe Sanchez is hereby appointed
by the Mayor to serve as a member of the Miami River Commission.
Section 2. Cleve Jones, who has demonstrated a history
of involvement with the Miami River through business, residence
or volunteer activity, is hereby appointed by the Commission at -
large to serve as a member of the Miami River Commission.
Section 3. Ernest Martin is hereby appointed by the
Commission at -large to serve as a member of the Miami River
CUT CO�QS9tp�
NZIT Q QF
SEP Q 8 1998
Reoludm Na
9 8 - 875-
Commission as representative from the Spring Garden Civic
Association.
PASSED AND ADOPTED this 8th day of _Septemhher , 1998.
This Administrative Act shall become effective immediately.
WALTLJ,'�064i^ CITY CLERK
APPROVE S T F CORRECTNESS:t
A R ILA E O
CNEY IORY
W2958:BSS
2 -
98_ 87
TO Honorable Mayor and Members
of the City Commission
Walter AJ
City Clerk
CITY OF MIAMI, FLORIDA 43
INTER -OFFICE MEMORANDUM
August 18, 98
DATE: 19FILE
SUBJECT: Three Appointments Needed to the
Miami River Commission
REFERENCES: September 8, 1998 Agenda
ENCLOSURES:
The Miami River Commission was recently created by House Bill 4027 (copy attached) as the
official coordinating clearinghouse for all public policy and projects related to,the Miami River to
unite all governmental agencies, businesses, and residents in the area to speak with one voice on
river 'issues, to develop coordinated plans, priorities, programs, projects, and budgets that might
substantially improve the river area, and to act as the principal advocate and watchdog to ensure
that river projects are funded and implemented in a proper and timely manner.
The Miami River Commission consists of the following voting members:
1. The Governor
2. The chair of the Dade Delegation
3. The chair of the governing board of the South Florida Water Management District,
4. The Miami -Dade County State Attorney,
5. The Mayor of Miami
6. The Mayor of Miami -Dade County
7. A Commissioner of the City of Miami
8. A Commissioner of the Miami -Dade County Commission
9. The chair of the Miami River Marine Group
10. The chair of the Marine Council
11. The Executive Director of the Downtown Development Authority
12. The chair of the Greater Miami Chamber of Commerce
13. Two neighborhood representatives, selected from the Spring Garden Neighborhood
Association, the Grove Park Neighborhood Association, and the Miami River Neighborhood
Enhancement Corporation (one neighborhood representative to be appointed by the City
Commission and one neighborhood representative to be appointed by the County
Commission, each selected from a list of three names submitted by each such organization
14. One representative from an environmental or civic association, appointed by the Governor
15. Three members at -large, who shall be persons who have a demonstrated history of
involvement on the Miami River through business, residence, or volunteer activity, one
appointed by the Governor, one appointed by the City Commission and one appointed by the
County Commission.
A member of the United States Congressional delegation and the Captain of the Port of Miami as
a representative of the United States Coast Guard are nonvoting, ex officio members.
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The Commission at large has two appointments:
1. One neighborhood representative from a list of nine names which have been submitted
by the three River neighborhood associations, as follows:
• Spring Garden Civic Association: Charles, Flowers, Priscilla Greenfield, Ernest Martin
• Miami River Neighborhood Restoration Corporation: Jane Caporelli, *Sallye Jude, David
Turner (Note: Sallye Jude has already been appointed as Miami -Dade County's member -at -
large)
• Grove Park Neighborhood Association: Marvin Hancock, Theodora Long, Steve Carter
2. One member -at -large, who should be a person who demonstrates a history of
involvement with the Miami River through business, residence or volunteer activity.
The Mayor is to appoint one City Commissioner to said board.
By copy of this memorandum, we are requesting that the Agenda Office place this issue on the
September 8, 1998 Commission agenda.
WJF:sl
c: Donald Warshaw, City Manager
Maria Chiaro, Assistant City Attorney
98- stj
ENROLLED
1998 Legislature
1
CS/HB 4027, First Engrossed
2 An act relating to.regional water supply
3 authorities; amending s. 120.52, F.S.;
4 providing that a member government is not
5 considered a party in administrative
6 proceedings under certain conditions; amending
7 s. 373.1963, F.S.; revising criteria for
8 governance of the West Coast Regional Water
9 Supply Authority and its member governments
10 under interlocal agreements; declaring
-11 legislative intent to supersede other laws,
-12 repealing s. 373.1963(5), F.S., relating to a
13 process for review of a consumptive use permit;
14 amending s. 682.02, F.S.; providing for the
15 arbitration of certain controversies concerning
16 water use; amending s. 768.28, F.S.; allowing
17 an authority to indemnify its member
18 governments; prohibiting the adoption of
19 certain actions by the commission unless by a
20 required minimum vote; providing for future
21 termination of the commission pending
22 legislative review of reenactment; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsection (12) of section 120.52, Florida
28 Statutes, is amended to read:
29 120.52 Definitions. --As used in this act:
30 (1.2) "Party" means:
31
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9 8 ^ 875
ENROLLED
1998 Legislature
CS/HB 4027, First Engrossed
1 whole or in part, or appointed by a member qovernment of a
2 regional water supply authority in proceedings under s
3 120.569, s. 120.57, or s. 120.68, to the extent that an
4 interlocal agreement under ss. 163.01 and 373.1962 exists in
5 which the member government has agreed that its substantial
6 interests are not affected by the proceedings or that it is to
7 be bound by alternative dispute resolution in lieu of
8 participating in the proceedings. This exclusion applies only
9 to those particular types of disputes or controversies, if
10 any, identified in an interlocal agreement.
11 Section 2. Present subsection (5) of section 373.1963,
12 Florida Statutes, is repealed, subsection (1) of said section
13 is amended, subsections (2), (3), and (4) are renumbered as
14 subsections (3), (4), and (5), respectively, and a new
15 subsection (2) is added to said section, to read:
16 373.1963 Assistance to West Coast Regional Water
17 Supply Authority.--
18 (1) It is the intent of the Legislature to authorize
19 the implementation of changes in
20 governance recommended by the West Coast Regional Water Supply
21 Authority in its reports report to the Legislature dated
22 February 1, 1997, and.
23 sapp±ententa± repart I:- the Ems±detft of the Senate and tize
24 Speaket of the ficase of Representatives an the statas
25
26 governance by January 5, 1998. The authority and its member
27 governments may reconstitute the authority's its governance
28 and rename the authority
29 report to the betg±slatare, and w±th the prvv±s±wns set: fortiT
30 herei-runder a voluntary interlocal agreement with a term of
31
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98- 87-5
ENROLLED
1998 Legislature
CS/HB 4027, First Engrossed
1 5. A member government may not impose any tax, fee, or
2 charge upon the authority in conjunction with the production
3 or supply of water not otherwise provided for in the
4 interlocal agreement.
5 6. The authority may use the powers provided in part
6 II of chapter 159 for financing and refinancing water
7 treatment, production, or transmission facilities, including,
8 but not limited to, desalinization facilities. All such water
9 treatment, production, or transmission facilities are
10 considered a "manufacturing plant" for purposes of s.
11 159.27(5) and serve a paramount public purpose by providing
12 water to citizens of the state.
13 7. A member government and any governmental or
14 quasi-judicial board or commission established by local
15 ordinance or general or special law where the governing
16 membership of such board or commission is shared, in whole or
17 in part, or appointed by a member government.agreeing to be
18 bound by the interlocal agreement shall be limited to the
19 procedures set forth therein regarding actions that directly
20 or indirectly restrict or prohibit the use of lands or other
21 activities related to the production or supply of water.
22 (c) The authority shall acquire full or lesser
23 interests in all regionally significant member government
24 wholesale water supply facilities and tangible assets and each
25 member government shall convey such interests in the
26 facilities and assets to the authority, at an agreed value.
27 (d) The authority shall charge a uniform per gallon
28 wholesale rate to member governments for the wholesale supply
29 of potable water. All capital, operation, maintenance, and
30 administrative costs for existing facilities and acquired
31 facilities, authority master water plan facilities, and other
i
CODING:Words n are deletions; words underlined are additions.
98- 875
ENROLLED
1998 Legislature
CS/HB 4027, First Engrossed
1 authority and the Southwest Florida Water Management District.
2 Nothing herein shall preclude authority or district cost
3 sharing with private entities for the construction or
4 ownership of alternative source facilities. By December 31,
5 1997, the authority and the Southwest Florida Water Management
6 District shall:
7 1. Enter into a mutually acceptable agreement
8 detailing the development and implementation of directives
9 contained in this paragraph; or
10 2. Jointly prepare and submit to the President of the
11 Senate and the Speaker of the House of Representatives a
12 report describing the progress made and impediments
13 encountered in their attempts to implement the water resource
14 development and water supply development directives contained
15 in this paragraph.
16
17 Nothing in this section stibseeb±urrshall be construed to
18 modify the rights or responsibilities of the authority or —its
19 member governments, except as otherwise provided herein,or of
20 the Southwest Florida Water Management District or the
21 department pursuant to chapter 373 or chapter 403 and as
22 otherwise set forth by statutes.
23 (g) Unless otherwise provided in the interlocal
24 agreement, the authority shall be governed by a board of
25 commissioners consisting of nine voting members, all of whom
26 must be elected officers, as follows:
27 1. Three members from Hillsborough County who must be
28 selected by the county commission; provided, however, that one
29 member shall be selected by the Mayor of Tampa in the event
30 that the City of Tampa elects to be a member of the authority;
31
7
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98` 873
ENROLLED
1998 Legislature
CS/HB 4027, First Engrossed
1 relating to such contract or the failure or refusal to perform
2 the whole or any part thereof. This section also applies to
3 written interlocal agreements under ss. 163.01 and 373.1962 in
4 which two or more parties agree to submit to arbitration any
5 controversy between them concerning water use permit
6 applications and other matters, regardless of whether or not
7 the water management district with jurisdiction over the
8 subject application is a party to the interlocal agreement or
9 a participant in the arbitration.Such agreement or provision
10 shall be valid, enforceable, and irrevocable without regard to
1.1 the justiciable character of the controversy; prodided that
12 this act shall not apply to any such agreement or provision to
13 arbitrate in which it is stipulated that this law shall not
14 apply or to any arbitration or award thereunder.
15 Section 4. Subsection (18) of section 768.28, Florida
16 Statutes, is amended to read:
17 768.28 Waiver of sovereign immunity in tort actions;
18 recovery limits; limitation on attorney fees; statute of
19 limitations; exclusions; indemnification; risk management
20 programs.--
21 (18) Neither the state nor any agency or subdivision
22 of the state waives any defense of sovereign immunity, or
23 increases the limits of its liability, upon entering into a
24 contractual relationship with another agency or subdivision of
25 the state. Such a contract must not contain any provision that
26 requires one party to indemnify or insure the other party for
27 the other party's negligence or to assume any liability for
28 the other party's negligence. This does not preclude a party
29 from requiring a nongovernmental entity to provide such
30 indemnification or insurance. The restrictions of this
31 subsection do not prevent a regional water supply authority
9
CODING:Words str±cken are deletions; words underlined are additions.
C�j_ S"l9
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ENROLLED
1998 Legislature
CS/HB 4027, First Engrossed
building a consensus work plan and through widespread
Publication of regular progress reports.
(2) The Miami River Commission shall consist of:
(a) A policy committee comprised of the Governor, the
chair of the Dade delegation, the chair of the governing board
of the South Florida Water Management District, the Miami -Dade
County State Attorney, the Mayor of Miami, the Mayor of
Miami -Dade County, a commissioner of the -City of Miami
Commission, a commissioner of the Miami -Dade County
Commission, the chair of the Miami River Marine Group, the
chair of the Marine Council, the Executive Directdr of the
Downtown Development Authority, and the chair of the Greater
Miami Chamber of Commerce; two neighborhood representatives,
selected from the Spring Garden the
Grove -ir` Neighborhood Association4 and the Miami River
Neighborhood Enhancement Corpora'ti! :,One -neighborhood
representative to be appointed by -the city commTrVtba and one
neighborhood representative to. be..amminted--by the county
commission, each selected from a list of 3 names submitted by
ea
rom
environmental or civic association, appointed by the Governor;
and three members -at -large, who shkll-be persons who have a
demonstrated history of involvement -on the Miami River through
4&�6s , residence, or volunteer activity, one appointed by
the Governor, one appointed by the city comfflu ion, anti one
a2l2ointed bX
A1099unt commission. AIT members shall be
The commIttee shall ---also. include 'a member of
the United States Congressional delectation and the Captain of
th' Poor€" of Miami as a representative o "`f1Te° 7ffT %4t-Sta-tes
Coas r'as nonvoting, ek offidL6 members. The policy
committee may meet monthly, but-shal2-meet at least quarterly.
11
CODING:Words teen are deletions; words underlined are additions.
98- 8"15
ENROLLED
1998 Legislature CS/HB 4027, First Engrossed
1 (f) Seek grants from public and private sources and
2 receive grant funds to provide for the enhancement of its
3 coordinating functions and activities and administer contracts
4 that achieve these goals.
5 (g) Coordinate a joint planning area agreement between
6 the Department of Community Affairs, the city, and the county
7 under the provisions of s. 163.3177(11)(a),(b), and (c),
8 Florida Statutes.
9 (h) Provide a forum for exchange of information and
10 facilitate the resolution of conflicts.
11 (i) Act as a clearinghouse for public information and
12 conduct public education programs.
13 (j) Establish the Miami River working group, appoint
14 members to the group, and organize subcommittees, delegate
15 tasks, and seek council from members of the working group as
16 necessary to carry out the powers and duties listed in this
17 subsection.
18 (k) Elect officers and adopt rules of procedure as
19 necessary to carry out the powers and duties listed above and
20 solicit appointing authorities to name replacements for policy
21 committee members who do not participate on a regular basis.
22 (1) Hire the managing director, who shall be
23 authorized to represent the commission and to implement all
24 policies, plans, and programs of the commission. The committee
25 shall employ any additional staff necessary to assist the
26 managing director.
27 Section 6. (1) No item, motion, directive, or policy
28 position that would impact or in any way diminish levels of
29 currently permitted commercial activity on the Miami River or
30 riverfront properties shall be adopted by the Miami River
31
1 13
CODING:Words teen are deletions; words underlined are additions.
98- 8155
CITY OF MIAMI, FLORIDA
TO Walter Foeman
City Clerk
FROM Kelly C. Mallette
Policy Advisor
Offize_of Mavor, Joe Carollo
INTER -OFFICE MEMORANDUM
DATE August 17, 1998 FILE
SUWECT : Miami River Commission
REFERENCES.
ENCLOSURES:
Attached you will find a copy of CS/1B 4027, adopted by the Florida Legislature during the
1998 legislative session, which creates the Miami River Commission.
The City of Miami must make the following appointments to this body at the September 8, 1998
commission meeting:
1. The Mayor must appoint one City Commissioner to serve.
2. The City Commission must appoint one Member -at -Large; who demonstrates a history of
involvement with the Miami River through business, residence or volunteer activity.
3. The City Commission must appoint one Neighborhood Member from the attached list of
names subinitted by three Miami River Neighborhood Associations.
Pleasaontact me if you have any questions or concerns. Please be aware that these
appointments are a high priority as the Miami River Commission has already conducted one
itmeeting, and-i-scheduled to hold a second meeting on September 14, 1998.
9 8 - 87.5
tr�E STATE OF FLORIDA
'ff rr of t4r Gtojertcor
.� �. THE CAPITOL
TALLAHASSEE. FLORIDA 32399-000I
LAVJTON CHILES `
GOVERNOR
June 23, 1998
The Honorable Joe Carollo
Mayor. City of Miami
3500 Pan American Drive
Miami, Florida 33133
Dear Mayor Carollo:
Pursuant to House Bill 4027 (copy enclosed) which I have signed and is now applicable to law,
the Miami River Commission has been established. The Legislature has appointed you to this
twenty -member commission, the composition and duties of which have resulted from
recommendations in the Miami River Study Commission Report. I ask that you appoint a
member of the Miami City Commission to also serve with you.
As chair of the Miami city Commission, you are requested to place the selection of two
appointments to the Miami River Commission on your city commission agenda:
1. one neighborhood representative from a list of nine names which have been submitted
by the three River neighborhood associations, and which will be forwarded to you; and
2. one Member-At-Large,who should be a person who demonstrates a history of
involvement with the Miami River through business, residence or volunteer activity.
The first organizational meeting of the Miami River Commission will take place at the Miami
facility of the South Florida Water Management District, 172-A West Flagler Street, on Monday,
August 3, 1998, from 9:00 a.m. to 1:00 p.m.
I have appointed Jim Murley, Secretary of the Department of Community Affairs, as my
representative and Mr. Bob Parks, former chair of the Miami River Study Commission, as my
citizen representative. I have requested that Secretary Murley convene the first meeting and that
the Department assist in the designation of commission members by the appointing organizations
named in the statute. Your participation in this meeting is important. If you are unable to attend,
please have a designee present.
98- 86
The Honorable Joe Carollo
June 23. 1998
Page Two
To confirm your attendance, or if you have any questions, please contact Ralph Cantral at the
Department of Community Affairs. (850)414-6578.
With kind regards, I am
Sincerely,
LAWTON CHILES
Enclosure
LC/frc
9 8 - 875
dF �
= 4n STATE OF FLORIDA
(Offire of #4r (Subernur
THE CAPITOL
TALLAHASSEE, FLORIDA 32399-000I
LAWTPON CHILES
GOVERNOR
July 16, 1998
The Honorable Joe Carollo
Mayor
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Dear Mayor Carollo:
Pursuant to HB 4027, the City of Miami Board of Commission has
the responsibility of appointing to the Miami River Commission one
neighborhood representative from a list of nine names which have
been submitted by the three river neighborhood associations. The
names on the attached list have been submitted by the three
neighborhood associations.
The first meeting of the Commission is scheduled for August 3,
1998. Since the last meeting of the City of Miami Board of
Commission is July 21, 1998, I would respectfully request that the
City of Miami Board of Commission select one neighborhood
representative from the attached list at its July 21, 1998 meeting
and transmit that name to me prior to August 3, 1998.
Thank you for your cooperation in this matter.
JFM/lrm
Attachment
S' cerely,
awes F. Murley
Secretary
Department of Community Affairs
98- 875
SENT 9Y:Xercx Telecooier 7020 ; 7-19-98 ; 4:10P,4 A&;v F&h—M_AMI-► WOR J GA�uLLu,*
STATE OFAlft"°t.ORIaA
mmlic a of t4P (bowtrnor
THECAPITM
TALLAKASM RORIIDA 32'l"4WI
GOVO V"
List of Miami River Neighborhood Candidates
for Appointment to Miami River Commission
1. Spring Garden Civic Association:
Charles Flowers
Priscilla Greenfield
Zrnest Marna
2.- Miami River Neighborhood Restoration Corporations
Jane Caporelli
sallye Jude
David Turzer
3. Grove Park Neighborhood Associations
Deborah white Labora
Theo Long
Janet Parker
98- 87'
SENT 3Y:Xerox "e 1 e:0:.e" 1; 20 ; i—' o-36 ; 4:10PM ; MAYOR j v'ARCL_1 );# d
1.
2.
3.
List of Miami River Neighborhood Candidates
for Appointment to Miami River Commission
Spring Garden Civic Association:
Charles Flowers - Member of Cvertown Advisory Committee.
Board member of Spring Garden Civic Association. Member of
Tuskagee Airman and flight instructor.
Priscilla Greenfield - Long time resident of Spring Garden
neighborhood. Vice President of Spring Garden Civic
Association,
Ernest Martin - Retired Director of Miami -Dade County
Community Development Department. Active in creative housing
funding. Author of historic designation of Spring Garden
Sistoric District which was locally designated by City of
Miami in 1997. President of Spring Garden Civic Association.
Miami River Neighborhood Restoration Corporation:
Bally* Jude - President of Miami River Neighborhood
Restoration Association. Owner of Miami River Inn and other
river businesses for over Zb years. President of Urban
Environmental League and Land Trust of Dade County.
Jan* Caporeili - Manaq•r of Miami River Inn. Serves on Board
of Directors of Dad* Heritage Trust and Miami River
Neighborhood Restoration Corporation.
David Burner - CPA who has lived in Miami River
neighborhood. Treasurer of Miami River Neighborhood
Restoration Corporation.
Grove park Neighborhood Association:
Theo Long - Executive Director of Marjory Stoneman Biscayne
Nature Center. Served on the Miami River Study Commission.
President of the Grove Park Neighborhood Association and lived
on Miami River for 16 years.
domestic v o ears.
JUL--20-yd M+.JN 11 :_,>J "fr aiar,,i 11. _..-
4),
am
17
U8011WRIPS ISSICIIIIII
City of Miami
Attention: Kelly Mallette
Office of the Mayor
Miami, Florida
Va Pax
Dear Sir:
Please be advised that the Grove Park
change in the names submitted to the I
The new names for nomination are'
Please remove the following names:
I apologize for any lnconvenlence. We
River Commission.
T H L:th
ire.
July 20, 1998
ieowners Association will be making a
i River Commission.
Dra Long
i mancock
Carter
Parker
rah White Labora
I forward to having a successfull Miami
Sinc ly,
Theodora H. Long
President
9 8' - 8