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HomeMy WebLinkAboutCC 2005-12-01 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Meeting Minutes Thursday, December 1, 2005 9:00 AM SPECIAL City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chairman Angel Gonzalez, Vice Chairman Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Jeffery L. Allen, Commissioner District Five Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes December 1, 2005 Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez, Commissioner Regalado and Commissioner Allen On the 1st day of December 2005, 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 at 9:49 a.m. by Chairman Joe Sanchez, recessed at 12:10 p.m., reconvened at 2:36 p.m., recessed at 4:41 p.m., reconvened at 5:15 p.m., and adjourned at 6:14 p.m. Note for the Record: Commissioner Winton entered the meeting at 10:04 a.m. ALSO PRESENT: Joe Arriola, City Manager Maria J. Chiaro, Assistant City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk ABSENT: Jorge Fernandez, City Attorney The minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later..]" refers to discussions that were interrupted and later continued. ORDER OF DAY Note for the Record: An invocation was delivered by Chairman Sanchez, who led those present on a pledge of allegiance to the flag. Chairman Sanchez announced that there were no vetoes by the Mayor. Chairman Sanchez: Welcome to the City of Miami PZ (Planning and Zoning) meeting. It's a special meeting being held here at our historical City Hall, Thursday, December 1, 205 [sic]. We71 go ahead and start with the invocation and the pledge of allegiance. Invocation and pledge of allegiance delivered. [Later..] Chairman Sanchez: We do have two items that were properly advertised before the PZ (Planning and Zoning) items at 10 o'clock. Just for the record, there are no mayoral vetoes. SPECIALLY SCHEDULED ITEM SP.1 05-01052 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Clerk ATTACHMENT(S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI RUNOFF ELECTION HELD ON NOVEMBER 29, 2005, FOR THE ELECTION OF COMMISSIONER DISTRICT 5. 05-01052 memo.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 2 Printed on 1/4/2006 City Commission Meeting Minutes December 1, 2005 Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton SP.2 05-01321 Department of Public Facilities/Asset Management R-05-0705 Chairman Sanchez: All right. Let's go ahead with -- Madam Clerk, I think the first item that we have is the SP.1, which is accepting the certification of the runoff election result. I believe we need a motion. Commissioner Regalado: Move it. Chairman Sanchez: Well -- Vice Chairman Gonzalez: Second. Commissioner Allen: Second. Chairman Sanchez: There's a motion and there's a second. The item is open for discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PUBLIC HEARING RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS EMERGENCY FINDING; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-89 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AUTHORIZING AN AWARD OF A CONTRACT TO SHORELINE FOUNDATION INC., FOR THE PURCHASE AND INSTALLATION OF 49,538 SQUARE FEET OF HIGH QUALITY FIBERGLASS DECKING, WHICH WILL REPLACE THE EXISTING CUSTOM IPE HARDWOOD, OF WHICH APPROXIMATELY 55% WAS DAMAGED OR LOST AS A RESULT OF HURRICANE WILMA, IN AN AMOUNT NOT TO EXCEED $1,129,466.40; ALLOCATING FUNDS FROM VARIOUS CAPITAL PROJECT ACCOUNTS, SUBJECT TO BUDGETARY APPROVAL. 05-01321 Legislation.pdf 05-01321 Summary Form.pdf 05-01321 Memo.pdf 05-01321 Public Hearing Ad.pdf 05-01321 Emergency Dock Planking.pps Motion by Commissioner Regalado, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0706 City of Miami Page 3 Printed on 1/4/2006 City Commission Meeting Minutes December 1, 2005 Chairman Sanchez: Well go ahead, and when we start the PZs (Planning and Zoning), we'll starting deferring the PZs. 1 know there's some PZ items that'll be deferred. Let's go ahead and get these two items that were properly advertised for 9 o'clock, and we're starting them now, and the other item is SP.2, which requires a four -fifth vote, and that was the reason why we couldn't start; we did not have a four -fifth vote. We do have it now, so let's go ahead and bring up SP.2. SP.2 is award contract to Shoreline Foundation, Inc., fiberglass decking. I believe that's been resolved. Laura Billberry (Director, Public Facilities): Yes, it has. Chairman Sanchez: All right. That's the beauty of our government working with the citizens. There's usually that 90 percent where we do reach an agreement. All right. Ms. Billberry: If I may, just for the record, so you know -- Lori Billberry, Public Facilities. We did meet with representatives from the Grove working group, as well as consultant for the Dinner Key master plan, and we've agreed upon the standard gray finish with a standard non -slip finish on the grating. Chairman Sanchez: OK, and that is -- it requires a public hearing, so anyone from the public wishing to address this item, please step forward and be recognized. Michelle Niemeyer: Hi. I'm Michelle Niemeyer, 3053 Day Avenue. I'm the chair of the Coconut Grove Waterfront Working Committee. First, I'd like to thank you all for allowing us to work with Mr. Bogner's office and the Procurement Department in coming up with an agreed material for this and color. It's beautiful, and I wanted to let you know that we did also speak with the consultant. The engineering study is right on target. It's really -- this is a very good choice, and it's one of the few materials that can be used in that location, so it's beautiful, and we're very happy to say that we're a hundred percent in support of this. Chairman Sanchez: Thank you -- Ms. Niemeyer: Thank you. Chairman Sanchez: -- Michelle. Next speaker. State your name and address for the record, sir. Melvyn Miller:: Melvyn Miller, 1761 Nocatee. 1'd like to respectfully and briefly remind the Commissioners that you act, essentially, as a board of directors for -- what is really a profit making organization, which is the marinas, and as such, you should be aware that you have 500-plus people in Dinner Key who have contractual relationship with the City, and they have a reasonable expectation of safe operation in the thing. The -- there are all kinds of reasons for delay, but the issue at hand is both safety and operation, which is being able to walk down the piers. The delay at hand was to seek citizen input on what, in the end, was an aesthetic matter, and the venue chosen for that was the group of citizens who have gathered together as a result of what is called the Sasaki master plan review. That is only one of many possible venues, and 1 urged the Commissioners, when delaying, as was the case here, a procurement of a safety or operational issue, to limit that consideration to aesthetics. Aesthetics, which was color in this case, can be done quickly, as was the case here. If this had been opened up to a review of the material, there would have been the need for another engineering study to go against the engineering study which had already been done. That would have been a delay, not of a few days, but conceivably, of months, and you would have delayed safety -- a safe operation of the marina, so in future, when seeking public input -- and I was part of the public input -- I urge you to remember that the venue -- the Sasaki venue is properly aesthetics only; appearance, color, and so on, which was not part of the engineering study, and frankly, could have been sought earlier. tithe Marinas Department will think to bring in public input as you direct, on aesthetics only, there won't be delays in safety and operation, as was the case here, so I urge you to think City of Miami Page 4 Printed on 1/4/2006 City Commission Meeting Minutes December 1, 2005 NA.1 05-01460 about this, as future operational matters come up for the marina. Thank you. Chairman Sanchez: Thank you, sir. Anyone else from the public wishing to address this Commission? If not, the public hearing is closed, coming back to the Commission. It's a resolution. It's a four -fifth. We do have Commissioner Gonzalez here for the record. Commissioner Regalado: I'll move the resolution. Commissioner Allen: I'll second, Mr. Chairman. Chairman Sanchez: All right. A motion has been made by Commissioner Regalado, second by Commissioner Allen. Any further discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion's carried, 4/0, for the record. Commissioner Gonzalez was in the room, and did vote in favor of this item. NON -AGENDA ITEMS DISCUSSION ITEM Presentations & Proclamations. DISCUSSED 1. Chairman Sanchez presented a salute to Maucha Gutierrez and Abilio Felipe, in recognition of El Dia del Locutor, the Day of the Radio Broadcaster. 2. Chairman Sanchez presented a Certificate of Appreciation to Andrew Bielow and the National Foundation of the Galapagos Islands, in recognition of their donation of musical instruments to organize a kids jazz band in Elizabeth Virrick Park. Chairman Sanchez: I do want to take the opportunity -- there is a Certificate of Appreciation to be given out by Commissioner Winton's office. Is Commissioner Winton here? OK, we'll go ahead and do that. Presentations made. City of Miami Page 5 Printed on 1/9/2006