HomeMy WebLinkAboutCC 2011-09-27 Marked AgendaCity of Miami
Marked Agenda
City Commission
Tomas Regalado, Mayor
Wifredo (Willy) Gort, Chairman
Frank Carollo, Vice -Chairman
Marc David Sarnoff, Commissioner District Two
Francis Suarez, Commissioner District Four
Michelle Spence -Jones, Commissioner District Five
Johnny Martinez, City Manager
Julie O. Bru, City Attorney
Priscilla A. Thompson, City Clerk
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Tuesday, September 27, 2011
9:00 AM City Hall Commission Chambers
CONTENTS
Items may be heard in the numbered
sequence or as announced by the Commission
PR - PRESENTATIONS AND PROCLAMATIONS
MV - MAYORAL VETOES
AM - APPROVING MINUTES
CA - CONSENT AGENDA
Item 1 which is comprised of items CA.1 through CA.6 may be heard
in the number sequence or as announced by the Commission
PH - PUBLIC HEARINGS
SR - SECOND READING ORDINANCES
FR - FIRST READING ORDINANCES
RE - RESOLUTIONS
PART B
PZ - PLANNING AND ZONING ITEM(S)
The Planning and Zoning item(s) shall not be considered before 2:00 PM.
MAYOR AND COMMISSIONERS' ITEMS
M - MAYOR'S ITEMS
City of Miami Page 1 Printed on 10/6,2011
City Commission
Marked Agenda September 27, 2011
D1 - DISTRICT 1 ITEMS
D2 - DISTRICT 2 ITEMS
D3 - DISTRICT 3 ITEMS
D4 - DISTRICT 4 ITEMS
D5 - DISTRICT 5 ITEMS
Minutes are transcribed verbatim. Periodically, agenda items are revisited during a
meeting. "[Later...]" refers to discussions that were interrupted and later continued.
City ofMiami Page 2 Printed on 10/6/2011
City Commission
Marked Agenda September 27, 2011
9:00 A.M. PRESENTATIONS AND PROCLAMATIONS
PR.1 PRESENTATION
11-00864
Honoree Presenter Protocol Item
Rex Chemical Corp. Chairman Gort Salute
Miami Youth Sailing Commissioner Samoff Certificates
11-00864 Protocol Item.pdf
PRESENTED
1. Vice Chair Carollo presented a certificate of appreciation to David Hernandez, paying
tribute to Mr. Hernandez's twenty-seven years of excellent work performance and high
level of professionalism culminating in his position as Chief of Operations of Public
Works; further applauding his outstanding commitment to maintaining and improving
the City's infrastructure by providing invaluable professional, technical and engineering
services.
2. Commissioner Sarnoff presented certificates to members of the Miami's youth sailing
teams - Coral Reef Yacht Club, Miami Yacht Club and Coconut Grove Sailing Club;
further applauding their spirited participation in the 2011 Summer Championship
Competitions and valuing their commitment to discipline, physical excellence and team
spirit, qualities that contribute to a healthy competitive environment.
3. Chair Gort saluted Rex Chemical Corporation in acknowledgement of their
outstanding success for almost fifty years as one of South Florida's leading
manufacturers of liquid and powder cleaning and sanitation chemicals for ware
washing, food and nutrition, laundry and housekeeping; further commending Rex
Chemical Corporation as a unique corporate entity and honoring their dedication to
promoting the general welfare of Miamians.
INVOCATION AND PLEDGE OF ALLEGIANCE
MAYORAL VETOES
Present:
Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo,
Commissioner Suarez and Commissioner Spence -Jones
On the 27th day of September 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 9:32 a.m., recessed at
12:50 p.m., reconvened at 3:17 p.m., recessed at 3:25 p.m., reconvened at 5:02 p.m., and
adjourned at 5:08 p.m.
Note for the Record: Commissioner Suarez entered the chambers at 9:58 a.m.
(Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be
placed by the city clerk as the first substantive item(s) for the commission consideration.)
NO MAYORAL VETOES
ORDER OF THE DAY
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City Commission
Marked Agenda September 27, 2011
CA.1
11-00792
Department of Police
CONSENT AGENDA
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CONTINUED FUNDING OF PROTRACTED/COMPLEX INVESTIGATIONS,
IN AN AMOUNT NOT TO EXCEED $200,000; ALLOCATING FUNDS FROM
THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT
NO. 19-690001 AND ACCOUNT CODE 12500.191602.535000.0000, WITH
SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES,
AS AMENDED.
11-00792 Summary Form.pdf
11-00792 Affidavit Letter. pdf
11-00792 Budget Funds Check Results.pdf
11-00792 Legislation.pdf
R-11-0371
This Matter was ADOPTED on the Consent Agenda.
CA.2 RESOLUTION
11-00793 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT
Department of Parks ENTITLED: "OUT OF SCHOOL TIME SNACK PROGRAM 2011-2012" AND
and Recreation ACCEPTING AND APPROPRIATING FUNDS, IN AN ESTIMATED AMOUNT
NOT TO EXCEED $239,491.20, CONSISTING OF A REIMBURSEMENT
GRANTAWARD RECEIVED FROM THE FLORIDA DEPARTMENT OF
HEALTH, BUREAU OF CHILDREN NUTRITION PROGRAMS,
ADMINISTERING THE UNITED STATES DEPARTMENT OF AGRICULTURE
CHILD AND ADULT CARE FOOD PROGRAM CDFA#10.558 (CHILD CARE
FOOD PROGRAM); AUTHORIZING THE CITY MANAGER TO ACCEPT
SAID REIMBURSEMENT GRANTAWARD AND TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE
WITH SAID GRANTAWARD; ALLOCATING SAID FUNDS FROM THE
CHILD CARE FOOD PROGRAM TO THE CITY OF MIAMI'S OUT OF
SCHOOL TIME SNACK PROGRAM FROM OCTOBER 2011 THROUGH
SEPTEMBER 2012; AUTHORIZING THE EXPENDITURE OF FUNDS FOR
THE OPERATIONS OF THE PROGRAM, WITH SUCH AUTHORIZATION
REMAINING VALID AND OUTSTANDING EVEN IF THE ANTICIPATED
AWARD IS REDUCED OR INCREASED.
11-00793 Summary Form.pdf
11-00793 Legislation .pdf
11-00793 Exhibit 1.pdf
R-11-0373
MOVED:
SECONDED:
UNANIMOUS
Frank Carollo
Marc David Sarnoff
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City Commission
Marked Agenda September 27, 2011
CA.3
11-00795
Department of Parks
and Recreation
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT
FOR FISCAL YEAR 2011-2012 ENTITLED: "CHILD DAY CARE FOOD
PROGRAM" AND ACCEPTING AND APPROPRIATING FUNDS, IN AN
ESTIMATED AMOUNT OF EIGHTY THOUSAND DOLLARS ($80,000),
CONSISTING OF ENTITLEMENT FUNDING ON A REIMBURSEMENT
BASIS FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF
CHILDREN NUTRITION PROGRAMS, CHILD CARE FOOD PROGRAM
ADMINISTERING FUNDS FROM THE UNITED STATES DEPARTMENT OF
AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM (CDFA
#10.558); AUTHORIZING THE CITY MANAGER TO ACCEPT SUCH
ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS AND TO
EXECUTE THE FISCAL YEAR 2011-2012 CONTRACT INCLUDING ALL
ATTACHMENTS AND AMENDMENTS THERETO, IN SUBSTANTIALLY THE
ATTACHED FORM, AND TO NEGOTIATE AND TO EXECUTE, AFTER
CONSULTATION WITH THE CITY ATTORNEY, ALL OTHER NECESSARY
DOCUMENTS FOR COMPLIANCE WITH AND OPERATION OF A
YEAR-ROUND FOOD SERVICE PROGRAM (THE "PROGRAM") FOR
PRESCHOOL AGED CHILDREN IN THE CITY OF MIAMI PARKS, WITH
CONDITIONS; AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE
OPERATIONS OF THE PROGRAM, WITH SUCH AUTHORIZATION
REMAINING VALID AND OUTSTANDING EVEN IF THE ANTICIPATED
ENTITLEMENTAWARD IS REDUCED OR INCREASED.
11-00795 Summary Form.pdf
11-00795 Legislation.pdf
11-00795 Exhibit 1.pdf
R-11-0374
MOVED:
SECONDED:
UNANIMOUS
Frank Carollo
Michelle Spence -Jones
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones
CA.4 RESOLUTION
11-00797
Department of
Public Facilities
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
FIRST AMENDMENT TO REVOCABLE PERMIT NO. 8 ("AMENDMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI
("CITY") AND ALLAPATTAH COMMUNITY ACTION, INC., FOR THE
CONTINUED USE OF THE CITY -OWNED PROPERTY LOCATED AT 2257
NORTHWEST NORTH RIVER DRIVE, FORMERLY KNOWN AS 2251
NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, IN CURTIS PARK,
TO PROVIDE ELDERLY INDIVIDUALS WITH DAILY LUNCH TIME MEALS,
AND EDUCATIONAL AND RECREATIONAL ACTIVITIES, PROVIDING FOR
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City Commission
Marked Agenda September 27, 2011
AN ANNUAL INCREASE FROM $100 TO $200, WITH TERMS AND
CONDITIONS AS MORE SPECIFICALLY SET FORTH IN THE
AMENDMENT.
11-00797 Summary Form.pdf
11-00797 Revocable Permit No. 8.pdf
11-00797 Legislation.pdf
11-00797 Exhibit 1.pdf
R-11-0375
MOVED:
Frank Carollo
SECONDED: Michelle Spence -Jones
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones
ABSENT: Commissioner(s) Suarez
CA.5 RESOLUTION
11-00798
Department of
Public Works
CA.6
11-00833
Department of Police
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), FOR THE
CONSTRUCTION OF NEW CONCRETE SIDEWALK ALONG THE
NORTHERLY SIDE OF SOUTH BAYSHORE DRIVE BETWEEN AVIATION
AVENUE AND KIRK STREET, MIAMI, FLORIDA; ALLOCATING FUNDS, IN
THE AMOUNT OF $100,000, FROM CAPITAL IMPROVEMENTS PROJECT
NO. B-40168, TO THE COUNTY FOR SAID PURPOSE.
11-00798 Summary Form.pdf
11-00798 Legislation.pdf
11-00798 Exhibit 1.pdf
R-11-0376
MOVED:
SECONDED:
UNANIMOUS
Marc David Sarnoff
Frank Carollo
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT
ENTITLED: "2011-2012 VICTIMS OF CRIME ACT (VOCA)" CONSISTING
OF A GRANT AWARD FROM THE STATE OF FLORIDA, OFFICE OF THE
ATTORNEY GENERAL, DIVISION OF VICTIM SERVICES AND CRIMINAL
JUSTICE PROGRAMS, IN THE AMOUNT OF $32,247, AND THE CITY OF
MIAMI'S REQUIRED MATCHING FUNDS IN THE AMOUNT OF $8,062,
IN -KIND SERVICES FROM THE CITY OF MIAMI POLICE DEPARTMENT,
FORATOTALAMOUNT OF $40,309; AUTHORIZING THE CITY MANAGER
TO ACCEPT SAID GRANTAWARD AND TO EXECUTE THE GRANT
City ofMiami Page 6 Printed on 10/6/2011
City Commission
Marked Agenda September 27, 2011
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO
IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT.
11-00833 Summary Form.pdf
11-00833 Memo - Emergency Item .pdf
11-00833 Memos - Office of the Attorney General.pdf
11-00833 Legislation .pdf
11-00833 Exhibit 1.pdf
R-11-0372
This Matter was ADOPTED on the Consent Agenda.
Adopted the Consent Agenda
MOVED:
SECONDED:
AYES:
Frank Carollo
Marc David Sarnoff
Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones
END OF CONSENT AGENDA
PUBLIC HEARING
PH.1 RESOLUTION
11-00819 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE,
Department of RATIFYING, APPROVING AND CONFIRMING THAT IT IS MOST
Purchasing ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE
SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-85 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE
LEASING OF GOLF CARS FOR THE INTERNATIONAL LINKS/MELREESE
GOLF CLUB; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH YAMAHA MOTOR CORPORATION, FOR A SIXTY (60)
MONTH TERM AND IN A TOTAL LEASE AMOUNT NOT TO EXCEED
$250,500.
11-00819 Summary Form.pdf
11-00819 Notice to the Public.pdf
11-00819 Proposal - Melreese Golf Club.pdf
11-00819 Legislation. pdf
11-00819 Exhibit 1.pdf
MOVED: Frank Carollo
SECONDED:
UNANIMOUS
Michelle Spence -Jones
Motion that this matter be DEFERRED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones
Note for the Record: Item PH.1 was deferred to the Commission Meeting scheduled for
October 13, 2011.
END OF PUBLIC HEARING
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City Commission
Marked Agenda September 27, 2011
SR.1
11-00732
Office of the City
Clerk
ORDINANCES - SECOND READING
ORDINANCE Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING
PROVISIONS FOR EARLY VOTING IN THE CITY OF MIAMI, PURSUANT
TO FLORIDA STATUTE §100.3605, FOR THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 1, 2011; DESIGNATING CERTAIN
SITES AND TIMES FOR EARLY VOTING; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
11-00732 Early Voting Sites Memo -SUB FR/SR.pdf
11-00732 Legislation SR (Version 2) 09-27-11.pdf
13284
MOVED:
SECONDED:
Francis Suarez
Frank Carollo
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones
ABSENT: Commissioner(s) Suarez
Direction by Commissioner Spence -Jones to the City Clerk, City Attorney and to the
Administration to work together and develop a cost analysis in reference to moving the
City's election cycle to Miami -Dade County's, which is on even years, and determine
savings; further directing to report on the costs associated with placing more than one
charter amendment on the ballot.
SR.2 ORDINANCE Second Reading
11-00647 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING CHAPTER 4/ARTICLE I OF THE CODE OF
Department of THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC
Building and Zoning BEVERAGES/IN GENERAL," MORE PARTICULARLY BY AMENDING
SECTIONS 4-2 ENTITLED "DEFINITIONS" AND SECTION 4-11, ENTITLED
"EXCEPTIONS TO DISTANCE REQUIREMENTS," TO CREATE THE
ORANGE BOWL DISTRICT AND REGULATIONS FOR ESTABLISHMENTS
LOCATED WITHIN THE ORANGE BOWL DISTRICT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
11-00647 Summary Form FR-SR.pdf
11-00647 Exhibit 1 FR-SR.pdf
11-00647 Legislation SR (Version 4) 09-27-11.pdf
13285
MOVED:
SECONDED:
Frank Carollo
Michelle Spence -Jones
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones
ABSENT: Commissioner(s) Suarez
Direction by Chair Gort to the Administration to provide a report to the Commission
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City Commission
Marked Agenda September 27, 2011
FR.1
11-00799
Department of
Public Facilities
regarding compliance by the Miami Marlins with the local participation requirement in
both the Marlin Stadium and Stadium Parking Garage contracts.
Direction by Chair Gort to the Administration to provide Commissioners with a copy of
the report requested by Commissioner Suarez, regarding the pro forma created for the
stadium bonds, on a monthly basis or as assumptions change; further directing that the
Administration provide a report on the revenue projections for the retail facilities
associated with the Miami Marlins Stadium that includes an update on the status of
conversations with the agency hired to obtain the retail vendors and their projections for
these facilities.
END OF ORDINANCES - SECOND READINGS
ORDINANCE - FIRST READING
ORDINANCE
First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PARKS AND
RECREATION/IN GENERAL", MORE PARTICULARLY BY RESCINDING IN
ITS ENTIRETY, SECTION 38-8, ENTITLED "USE OF MANUELARTIME
COMMUNITY CENTER"; FURTHER AMENDING CHAPTER 53 OF THE
CITY CODE, ENTITLED "STADIUMS AND CONVENTIONS", BY CREATING
A NEW ARTICLE V, ENTITLED "MANUELARTIME COMMUNITY CENTER',
AUTHORIZING THE ADJUSTMENT OF VARIOUS RENTAL FEES FOR USE
OF THE MANUELARTIME COMMUNITY CENTER; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
11-00799 Summary Form.pdf
11-00799 Manuel Artime Fee Analysis.pdf
11-00799 Legislation.pdf
MOVED: Frank Carollo
SECONDED:
Michelle Spence -Jones
Motion that this matter be CONTINUED PASSED by the following vote.
AYES: Commissioner(s) Gort, Carollo and Spence -Jones
ABSENT: Commissioner(s) Sarnoff and Suarez
END OF FIRST READING ORDINANCE
RESOLUTIONS
RE.1 RESOLUTION
11-00800 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN
Department of INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
Capital WITH MIAMI-DADE COUNTY FOR THE PROVISION OF PUBLIC
Improvements TRANSPORTATION SERVICES WITH SAID SERVICES TO BE PROVIDED
Program BY THE CITY OF MIAMI THROUGH A PROFESSIONAL SERVICES
AGREEMENT WITH AN OPERATOR, SUBJECT TO CITY COMMISSION
APPROVALATA FUTURE MEETING; PROVIDING FOR THE
IMPLEMENTATION, OPERATION, AND MAINTENANCE OF THE MIAMI
TROLLEY SYSTEM.
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City Commission
Marked Agenda September 27, 2011
11-00800 Summary Form.pdf
11-00800 Legislation .pdf
11-00800 Exhibit 1.pdf
MOVED:
SECONDED:
Marc David Sarnoff
Michelle Spence -Jones
Motion that this matter be CONTINUED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones
ABSENT: Commissioner(s) Suarez
RE.2 RESOLUTION
11-00801 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED
Department of PROJECTS, PURSUANT TO ORDINANCE NO. 13045, ADOPTED
Capital DECEMBER 11, 2008, BY REPLACING THE CURRENT "ATTACHMENT A,"
Improvements WITH "ATTACHMENT A - 9/27/11 REVISED," ATTACHED AND
Program INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING
CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS.
RE.3
11-00802
Department of
Purchasing
11-00801 Summary Form.pdf
11-00801 Pre-Legislations.pdf
11-00801 Legislation.pdf
11-00801 Exhibit 1.pdf
MOVED: Michelle Spence -Jones
SECONDED:
Frank Carollo
Motion that this matter be DEFERRED PASSED by the following vote.
AYES: Commissioner(s) Gort, Carollo and Spence -Jones
ABSENT: Commissioner(s) Sarnoff and Suarez
Note for the Record: Item RE.2 was deferred to the Commission Meeting scheduled for
October 13, 2011.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING THE
AWARD TO MCINTYRE MAINTENANCE, INC., PURSUANT TO INVITATION
FOR BID NO. 247232; AWARDING THE BID TO BCLS LANDSCAPING,
INC., THE NEXT LOWEST RESPONSIVE AND RESPONSIBLE BIDDER,
FOR GROUNDS MAINTENANCE SERVICES CITYWIDE, FOR AN INITIAL
CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW
FOR TWO (2) ADDITIONAL, ONE (1) YEAR PERIODS; ALLOCATING
FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER
DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT THE TIME OF NEED.
11-00802 Summary Form.pdf
11-00802 Award Sheet.pdf
11-00802 Letters - Grounds Maintenance Svcs.pdf
11-00802 Legislation.pdf
R-11-0378
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City Commission
Marked Agenda September 27, 2011
MOVED:
Michelle Spence -Jones
SECONDED: Frank Carollo
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner(s) Gort, Carollo and Spence -Jones
ABSENT: Commissioner(s) Sarnoff and Suarez
RE.4 RESOLUTION
11-00837
Department of
Capital
Improvements
Program
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
EMERGENCY FINDINGS THAT IT IS MOST ADVANTAGEOUS FOR THE
CITY OF MIAMI ("CITY") TO WAIVE COMPETITIVE SEALED BIDDING
PROCEDURES, PURSUANT TO SECTIONS 18-85(a) AND 18-90 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING
AN INCREASE, IN AN AMOUNT NOT TO EXCEED $87,500, TO THE
GRANT AGREEMENT ("AGREEMENT") BETWEEN THE CITY AND ACTION
COMMUNITY CENTER, INC., FOR PRE -ARRANGED TRANSPORTATION
SERVICES FOR LOW TO MODERATE INCOME ELDERLY OR DISABLED
MIAMI RESIDENTS; FURTHER AUTHORIZING A THREE (3) MONTH
EXTENSION TO THE AGREEMENT FROM SEPTEMBER 30, 2011 TO
DECEMBER 31, 2011, OR UNTIL THE PENDING PROTEST IS RESOLVED
AND A NOTICE TO PROCEED IS ISSUED FOR THE SUBSEQUENT
CONTRACT, WHICHEVER OCCURS FIRST; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 1 TO THE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID
PURPOSES; ALLOCATING FUNDS FROM THE CITY'S SHARE OF THE
TRANSIT SURTAX.
11-00837 Summary Form.pdf
11-00837 Pre-Legislation.pdf
11-00837 Legislation. pdf
11-00837-Exhi bit -SUB. pdf
R-11-0379
MOVED:
SECONDED:
UNANIMOUS
Francis Suarez
Frank Carollo
Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following
vote.
AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones
RE.5 RESOLUTION
11-00817
Office of the City
Attorney
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TRANSFERRING THE MANAGEMENT AND POSSESSION OF
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City Commission
Marked Agenda September 27, 2011
RESIDENTIAL AND COMMERCIAL PROPERTY LEASED TO THE OLYMPIA
BUILDING PARTNERS, LTD., BACK TO THE CITY OF MIAMI;
MAINTAINING THE RESIDENTIAL PROPERTY AS AFFORDABLE
HOUSING AT LEAST THROUGH MAY 5, 2015; TRANSFERRING ANY
OPERATING CASH IN DEFENDANTS POSSESSION LESS $15,000 FOR
ITS FINAL FINANCIAL AUDIT; CONTINUING DEFENDANTS PAYMENTS
ON COMMUNITY DEVELOPMENT LOANS UNTIL SUCH TIME AS THE
TRANSFER OF POSSESSION TAKES PLACE; TRANSFERRING OR
CANCELING ALL SERVICE CONTRACTS UPON REVIEW OF THE
DEPARTMENT OF PUBLIC FACILITIES, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
OLYMPIA BUILDING PARTNERS LTD., IN THE CASE OF CITY OF MIAMI
VS. OLYMPIA BUILDING PARTNERSHIP, LTD., IN THE CIRCUIT COURT
OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CASE NO. 03-28667-CA-27.
11-00817 Memo - Office of the City Attorney.pdf
11-00817 Legislation (Version 2) 10/13/11.pdf
MOVED:
Frank Carollo
SECONDED: Michelle Spence -Jones
Motion that this matter be DEFERRED PASSED by the following vote.
AYES: Commissioner(s) Gort, Carollo and Spence -Jones
ABSENT: Commissioner(s) Sarnoff and Suarez
Note for the Record: Item RE.5 was deferred to the Commission Meeting scheduled for
October 13, 2011.
RE.6 RESOLUTION
11-00853
Office of the City
Attorney
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
EXPENDITURE OF ATTORNEYS FEES AND COSTS FOR THE
ENGAGEMENT OF THE LAW OFFICES OF OSCAR E. MARRERO FOR
THE REPRESENTATION OF MIGUEL EXPOSITO IN THE CASE OF
JOHNNIE BROWN VS. RAY BLANCO, ETAL., PENDING IN THE
MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO.: 11-14727 CA 08;
ALLOCATING FUNDS FROM ACCOUNT NO.
05002.301001.545000.0000.00000.
11-00853 Memo - Office of the City Attorney.pdf
11-00853 Legislation.pdf
R-11-0377
MOVED:
Marc David Sarnoff
SECONDED: Frank Carollo
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones
ABSENT: Commissioner(s) Suarez
RE.7 RESOLUTION
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City Commission
Marked Agenda September 27, 2011
11-00751 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
Department of AMENDMENT NUMBER 6 TO THE CONSTRUCTION MANAGER AT RISK
Capital AGREEMENT ("AGREEMENT"), WITH SUFFOLK CONSTRUCTION
Improvements COMPANY, INC., FOR THE STADIUM SITE PARKING PROJECT, IN
Program SUBSTANTIALLY THE ATTACHED FORM, TO REMEDY THE STRUCTURAL
DEFICIENCIES WITHIN THE FOUR PARKING GARAGES CAUSED BY
DESIGN ERRORS OR OMISSIONS, INCREASING THE AGREEMENT BY
$2,500,000, FROM AN ORIGINAL $73,000,000, TO A TOTAL NOT TO
EXCEED GUARANTEED MAXIMUM PRICE OF $75,500,000; ALLOCATING
SAID FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. B-30648.
11-00751 Summary Form.pdf
11-00751 Letter - Structural Deficiencies.pdf
11-00751 Letter - Miami Marlins Ballpark.pdf
11-00751 Pre-Legislations.pdf
11-00751 Risk Agrmt.with Suffolk Contruction. pdf
11-00751 Legislation.pdf
11-00751 Exhibit 1.pdf
MOVED: Marc David Sarnoff
SECONDED: Michelle Spence -Jones
Motion that this matter be DEFERRED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones
ABSENT: Commissioner(s) Suarez
Note for the Record: Item RE.7 was deferred to the Commission Meeting scheduled for
October 13, 2011.
END OF RESOLUTIONS
PART B: PLANNING AND ZONING ITEMS
The following item(s) shall not be considered before 2:00 PM.
PZ.1
11-00585zt
ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE
4, ENTITLED "STANDARDS AND TABLES", TO CLARIFY LANGUAGE FOR
PARKING REDUCTIONS, TO CORRECT LANGUAGE AND CROSS
REFERENCES, AND TO UPDATE THE REFERENCE DIAGRAM;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
City ofMiami Page 13 Printed on 10/6/2011
City Commission
Marked Agenda September 27, 2011
M.1
11-00245
LOCATION: Citywide
APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of
Miami
FI N DI NG (S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD (PZAB): Recommended
approval with a modification* to City Commission on July 6, 2011 by a vote of
7-0.
*See PZAB Resolution.
PURPOSE: This will allow minor and non -substantial changes to Article 4 of
the Miami 21 Code to clarify language, remove irrelevant references and
correct cross-references, and update diagrams previously approved by the
City Commission.
11-00585zt CC FR 09-27-11 Fact Sheet.pdf
11-00585zt PZAB Reso & CC Legislation (Ver. 2) with Exhibits.pdf
MOVED:
SECONDED:
Francis Suarez
Marc David Sarnoff
Motion that this matter be PASSED ON FIRST READING PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff and Suarez
NOES: Commissioner(s) Spence -Jones
ABSENT: Commissioner(s) Carollo
END OF PLANNING AND ZONING ITEMS
MAYOR AND COMMISSIONERS' ITEMS
CITYWIDE
HONORABLE MAYOR TOMAS REGALADO
ORDINANCE First Reading
(4/5THS VOTE)
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 62/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING
APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT
REQUIRED", MORE PARTICULARLY BY CREATING A NEW DIVISION 8,
ENTITLED " TEMPORARY VACANT STOREFRONT WINDOW SIGN PILOT
PROGRAM" TO DEFINE TEMPORARY VACANT STOREFRONT WINDOW
SIGNS AND TO CREATE A PILOT PROGRAM ALLOWING TEMPORARY
VACANT STOREFRONT WINDOW SIGNS IN CERTAIN TRANSECT
ZONES; PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE.
11-00245 Legislation (Version 6) 09-27-11.pdf
City ofMiami Page 14 Printed on 10/6/2011
City Commission
Marked Agenda September 27, 2011
MOVED:
SECONDED:
Frank Carollo
Marc David Sarnoff
Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones
ABSENT: Commissioner(s) Suarez
END OF CITYWIDE ITEMS
DISTRICT 1
CHAIRMAN WIFREDO (WILLY) GORT
END OF DISTRICT 1
DISTRICT 2
COMMISSIONER MARC DAVID SARNOFF
END OF DISTRICT 2
DISTRICT 3
VICE-CHAIRMAN FRANK CAROLLO
END OF DISTRICT 3
DISTRICT 4
COMMISSIONER FRANCIS SUAREZ
D4.1 DISCUSSION ITEM
11-00712
DISCUSSION REGARDING DEFERRED COMPENSATION AND OTHER
SPECIAL RETIREMENT/PENSION BENEFITS OFFERED TO CERTAIN
EXECUTIVE EMPLOYEES.
11-00712 Email - Deferred Compensation.pdf
NO ACTION TAKEN
END OF DISTRICT 4
DISTRICT 5
COMMISSIONER MICHELLE SPENCE-JONES
City ofMiami Page 15 Printed on 10/6/2011
City Commission
Marked Agenda September 27, 2011
NA.1 RESOLUTION
11-00922
END OF DISTRICT 5
NON AGENDA ITEMS
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING AND
CONSOLIDATING THE NOVEMBER 10, 2011, REGULAR COMMISSION
MEETING AND THE NOVEMBER 24, 2011, PLANNING AND ZONING
COMMISSION MEETING TO NOVEMBER 17, 2011, AT 9:00 A.M.;
FURTHER RESCHEDULING AND CONSOLIDATING THE DECEMBER 8,
2011, REGULAR COMMISSION MEETING AND THE DECEMBER 22, 2011,
PLANNING AND ZONING COMMISSION MEETING TO DECEMBER 15,
2011, AT 9:00 A.M.
R-11-0392
MOVED:
SECONDED:
Frank Carollo
Marc David Sarnoff
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones
ABSENT: Commissioner(s) Suarez
NA.2 RESOLUTION
11-00887
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO
DESTINATION GAMBLING RESORTS AND LICENSE PERMITS FOR
SOUTH FLORIDA GAMBLING LOCATIONS, URGING GOVERNOR RICK
SCOTTAND THE MEMBERS OF THE FLORIDA LEGISLATURE TO
SUPPORT LANGUAGE IN BILLS TO BE PRESENTED BY
REPRESENTATIVE ERIK FRESEN AND SENATOR ELLYN
BOGDANOFF DURING THE 2012 LEGISLATIVE SESSION,
SUPPORTING PROVISIONS REQUIRING LOCAL REGULATION AND
SITE APPROVAL FOR DESTINATION GAMBLING RESORTS AND
GRANTING TAXING AND LICENSING AUTHORITY TO THE CITY;
DIRECTING THE CITY CLERK TO TRANSMIT COPY OF THIS
RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN.
NO ACTION TAKEN
Note for the Record: Discussion took place on this item, however no action was taken
by the Commission.
NA.3 DISCUSSION ITEM
11-00921
ASSISTANT CITY MANAGER ALICE BRAVO REQUESTED AN
EXECUTIVE SESSION FOR THE PURPOSE OF COLLECTIVE
BARGAINING TO BE HELD TODAY AT 3:30 PM IN THE CITY
MANAGER'S CONFERENCE ROOM.
DISCUSSED
NA.4 DISCUSSION ITEM
City ofMiami Page 16 Printed on 10/6/2011
City Commission
Marked Agenda September 27, 2011
11-00916
DISCUSSION BY CHAIR GORT REGARDING THE SELECTION
PROCESS FOR THE AUDITOR GENERAL POSITION.
DISCUSSED
NA.5 DISCUSSION ITEM
11-00917
DISCUSSION BY CHAIR GORT REGARDING THE PAYMENTS IN LIEU
OF TAXES (PILOT) PROGRAM THAT ONCE EXISTED BETWEEN THE
CITY OF MIAMI, MIAMI-DADE COUNTY, STATE OF FLORIDAAND THE
FEDERAL GOVERNMENT.
DISCUSSED
NA.6 DISCUSSION ITEM
11-00918
DISCUSSION ON DISTRICT 5 PROJECTED FY2011 BUDGET
OVER -RUNS, INCLUDING BUT NOT LIMITED TO EXPENDITURES
UNDER RESOLUTION 11-0039, AUTHORIZING THE ALLOCATION IN
THE AMOUNT OF $6,208.16 FROM THE DISTRICT 5 ACCOUNT FOR
THE JOSE MARTI PARK, WHICH IS NOT IN DISTRICT 5.
DISCUSSED
NA.7 DISCUSSION ITEM
11-00919
DISCUSSION ON COMMISSIONINGASELECTION COMMITTEE
APPOINTED BY THE CITY COMMISSION AND THE MAYOR,
COMPOSED OF RESIDENTS FROM THE CITY OF MIAMI, FOR THE
PURPOSE OF SCREENING APPLICANTS FOR THE POSITION OF
CHIEF OF POLICE.
DISCUSSED
NA.8 DISCUSSION ITEM
11-00920
DISCUSSION BY COMMISSIONER SPENCE-JONES REGARDING
CREATION OF LEGISLATION FOR AN ENTERTAINMENT SURCHARGE
THAT CAN BE APPLIED TO ALL VENUES WITHIN THE CITY OF MIAMI.
DISCUSSED
NA.9 EXECUTIVE SESSION
11-00891
Office of the City
Attorney
UNDER THE PARAMETERS OF F.S. §286.011(8), F.S. [2010], THE
PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL
ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT
SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION CASES OF KENIA PEREZ VS. CITY OF MIAMI,
PENDING IN THE U.S. DISTRICT COURT, SOUTHERN DISTRICT OF
FLORIDA CASE NO. 10-21179-CIV-COOKE/TURNOFF, TO WHICH THE
CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT
APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE
COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE
APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE
ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN
WILFREDO (WILLY) GORT, FRANK CAROLLO, MARC DAVID SARNOFF,
City ofMiami Page 17 Printed on 10/6/2011
City Commission
Marked Agenda September 27, 2011
FRANCIS SUAREZ AND MICHELLE SPENCE-JONES; THE CITY
MANAGER, JOHNNY MARTINEZ; THE CITY ATTORNEY, JULIE O. BRU;
AND DEPUTY CITY ATTORNEY WARREN BITTNER, ASSISTANT CITY
ATTORNEY GEORGE K. WYSONG AND ASSISTANT CITY ATTORNEY
HENRY J. HUNNEFELD. A CERTIFIED COURT REPORTER WILL BE
PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED
AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE
CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE
CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR
COMMISSION MEETING WILL BE REOPENED AND THE PERSON
CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE
TERMINATION OF THE ATTORNEY -CLIENT SESSION.
11-00891 Memo -Office of the City Attorney.pdf
DISCUSSED
NA.10 RESOLUTION
11-00879
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE
CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE
MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), LOCAL 1907, AFL-CIO,
FOR THE PERIOD OF OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012.
11-00879-Agenda Item Summary Form. pdf
11-00879-Legislation. pdf
11-00879-Exhi bit. pdf
R-11-0390
MOVED:
SECONDED:
UNANIMOUS
Francis Suarez
Frank Carollo
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones
NA.11 RESOLUTION
11-00880
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE
CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO LOCAL 587
FOR THE PERIOD OF OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012.
11-00880-Agenda Item Summary Form. pdf
11-00880-Legislation. pdf
11-00880-Exhi bit. pdf
R-11-0391
MOVED:
Francis Suarez
City ofMiami Page 18 Printed on 10/6/2011
City Commission
Marked Agenda September 27, 2011
ADJOURNMENT
SECONDED:
UNANIMOUS
Frank Carollo
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones
A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was
passed unanimously, to adjourn the meeting.
City ofMiami Page 19 Printed on 10/6/2011