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City of South Miami
Special City Commission Minutes
January 19, 2012
5 A. SILENCE OR TURN OFF ALL CELL PHONES
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7 The City Commission of the City of South Miami, Florida met in special session on
8 Thursday, January 19, 2012, beginning at 7:52 p.m., in the City Commission Chambers, 6130
9 Sunset Drive.
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11 B. ADD-ON ITEM(S)
12 NONE
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14 C. ROLL CALL
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16 The following members of the City Commission were present: Mayor Philip K.
17 Stoddard, and, Commissioners Walter A. Harris and Velma Palmer. Commissioner Brian D.
l. 8 Beasley and Vice Mayor Valerie Newman were absent.
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20 Also in attendance were: City Attorney Thomas F. Pepe, City Clerk Maria M. Menendez
21 and City Manager Hector Mirabile.
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23 D. MOMENT OF SILENCE
24 By Reverend Rodney James
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26 E. PLEDGE OF ALLEGIANCE
27 The Pledge of Allegiance was recited in unison.
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29 F. LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN
30 REGISTERED WITH THE CITY CLERK
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32 G. PRESENTATIONS
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34 H. RESOLUTION(S) PUBLIC HEARING(S)
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36 I. FIRST READING ORDINANCE(S) PUBLIC HEARING(S)
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38 1. An Ordinance authorizing the City Manager to execute a 10-year franchise
39 agreement with Ocaquatics 2, Inc. for the operation and management of the
40 planned South Miami Murray Park Community Pool. 4/5
41 (City Manager)
SPECIAL CITY COMMISSION MINUTES
January 19, 2012
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Moved by Commissioner Beasley, seconded by Mayor Stoddard to approve this item.
4 At this time Mr. Pepe informed the Commission that Ms. Oca had requested that the
5 language provided in the Memorandum be added to the Escrow Agreement. Mayor Stoddard
6 then requested that the following language be read into the record:
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8 "City acknowledges and agrees that Escrow Agent is counsel to Ocaquatics in this
9 matter. In the event of any dispute hereunder, Escrow Agent may continue to represent
10 Ocaquatics in such dispute by resigning as Escrow Agent and by delivery of the Escrow Deposit
11 to a substitute escrow agent. Escrow Agent shall thereafter be relieved of any further liability
12 hereunder and Escrow Agent may continue to represent Ocaquatics in this Franchise
13 Agreement and in all matters related thereto."
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15 Moved by Mayor Stoddard to add the above language to the Escrow Agreement.
16 Seconded by Commissioner Beasley.
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18 With some further discussion, the motion to approve the amendment passed by a 4-1
19 vote:
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Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
Nay
Yea
Yea
Yea
Yea
27 At this time the City Manager read the background language from the Memorandum
28 into the record.
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30 The pUblic hearing was opened at this time.
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32 The following speakers addressed the Commission in favor of the construction of the
33 pool: Rev. Rodney James, Gabriel Edmond, Sally Philips, and Deltravis Williams. Brad Cassel
34 said that he has no problem with the pool provided that it is not going to cost any money to
35 the residents.
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37 Claudia Hauri expressed concern about the construction of a pool during these difficult
38 economic times; and Sharon McCain spoke with concern regarding some of the language in the
39 contract.
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With no further speakers the public hearing was closed.
SPECIAL CITY COMMISSION MINUTES
January 19, 2012
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1 At this time Ms. Oca addressed the Commission's questions on various issues, such as
2 the following but not limited to: the security deposit, the absence of specific schedule in the
3 contract, access to the pool on certain holidays.
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5 The Commission expressed concern about some of the language on page 8 of the
6 contract, and Mr. Pepe recommended for each Commissioner to write down his/her concern
7 so that staff could negotiate with Ms. Oca the issues of concern between this and the second
8 reading ofthis ordinance.
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10 Vice Mayor Newman referred to section 17, subsection B.v. asking for clarification
11 regarding the "not to interfere basis" language. Ms. Oca explained that this language was put
12 there by staff in the original contract and that she would not have any problem deleting it.
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14 Vice Mayor Newman also said that she would like to see in the contract some sort of
15 hours subject to change with City Manager's approval.
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17 Commissioner Palmer asked for clarification regarding possible conflict by naming Ms.
18 Oca's attorney as the Escrow Agent. Mr. Pepe said that he sees no conflict with that since the
19 bar license is far more important for an attorney than the amount of this escrow account.
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21 With regard to the issue of having the outside pool heated, Dr. Mirabile said that it
22 depends on whether there is any grant money left after the construction of the pool; the
23 problem is that we still don't know how much this pool is going to cost since we have not gone
24 through the design phase yet. Vice Mayor Newman said that she would like to be stipulated in
25 the design-build that the outdoor pool will have heat and that it will be operated year round.
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27 Dr. Mirabile said that the way the contract is written now it gives flexibility regarding
28 the heating of the outside pool; at the design-build phase it would be mandated, because it is
29 not Ms. Oca's responsibility at this point.
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31 With some further comments, the motion to approve this item as amended passed by
32 a SeQ vote:
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Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
Yea
Yea
Yea
Yea
Yea
40 There being no further business to come before this Body, the meeting adjourned at
41 10:08 p.m.
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43 Attest
SPECIAL CITY COMMISSION MINUTES
January 19, 2012
Approved
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Maria M. Menendez
City Clerk
SPECIAL CITY COMMISSION MINUTES
January 19/ 2012
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Philip K. Stoddard
Mayor