HomeMy WebLinkAboutCC 2003-04-10 Marked AgendaMEETING DATE: APRIL 10, 2003 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 COM M ISS ION M EETI NG.
*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 HIS/HER DESIRE TO SPEAK, GIVING THE CITY CLERK HIS/HER 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)
PAGE 2
APRIL 10, 2003
9:00 AM
PRESENTATIONS AND PROCLAMATIONS
MAYORAL VETOES
CONSENT AGENDA
Item 1 which is comprised of items CA -1 through CA -11 may
be heard in the numbered sequence or as announced by
the Commission
SPECIAL 4/5TNS VOTE CONSENT AGENDA
Item 1A which is comprised of items S -CA -1 through S -CA -
68 may be heard in the numbered sequence or as
announced by the Commission
GENERAL LEGISLATIVE ITEMS
Items 2 through 8 may be heard in the numbered sequence
or as announced by the Commission
TIME CERTAIN
9:10 A.M. — Item 2 — Second Reading Ordinance amending
Chapter of the Code entitled "Administration,
Departments".
Item 3 — Resolution appointing the Independent
Auditor General of the City of Miami, Florida.
9:15 A.M. — Item 4 - Resolution concerning workers
compensation claims administration.
10:00 A.M. — Item 8 — Personal appearance regarding a
status report on Miami -Dade County's Environmental
Assessment Application.
MAYOR AND COMMISSIONERS' ITEMS
GENERAL LEGISLATIVE ITEMS CONT'D
Items 9 through 37 may be heard in the numbered
sequence or as announced by the Commission
TIME CERTAIN
3:00 P.M. - Item 9 — Rollover of account funds.
Item 10 — Transfer of Fiscal Year 2002-2003
HOPWA Program Funds.
Item 11 — First Reading Ordinance amending
Chapter 2, Article X, Section 2-817 of the Code
of the City of Miami.
PAGE 3
APRIL 10, 2003
Item 12 — Discussion concerning the 29th Year
CDBG Housing Development Policy.
PAGE 4
APRIL 10, 2003
A. PRESENTATIONS & PROCLAMATIONS
Condolences to family and friends of David Bloom, who passed away
recently an award winning journalist.
B. MAYORAL VETOES
PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF 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.
C. APPROVING THE MINUTES OF THE FOLLOWING NOT TAKEN UP
MEETING:
• REGULAR MEETING OF JULY 26, 2001
FOR ADOPTED LEGISLATION NOT APPEARING AS PART
OF THIS PRINTED AGENDA, KINDLY REFER TO THE CITY
CLERK'S REPORT, ATTACHED HERETO.
1.
CA -1.
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 -11 constitute the Consent Agenda. These
items are self-explanatory and are not expected to require
additional review or discussion. Each item will be recorded
individually, adopted unanimously by the following motion:
. that the Consent Agenda comprised of items
CA -1 through CA -11 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."
RESOLUTION - (J-03-347) - (APPROVING
PROCUREMENT)
APPROVING THE PROCUREMENT OF PAPER, FROM
UNISOURCE WORLDWIDE (NON-MINORITY/NON-LOCAL
VENDOR, 3501 COMMERCE PARKWAY, MIRAMAR,
FLORIDA) AND XPEDX (NON-MINORITY/NON-LOCAL
VENDOR, 2785 COMMERCE PARKWAY, MIRAMAR,
FLORIDA) AWARDED UNDER EXISTING MIAMI-DADE
COUNTY CONTRACT NO. 6824-0/07, ON AN AS NEEDED
CONTRACT BASIS, EFFECTIVE UNTIL DECEMBER 31,
2007, SUBJECT TO FURTHER EXTENSION BY MIAMI-
DADE COUNTY, FOR VARIOUS USER DEPARTMENTS
AND AGENCIES; ALLOCATING FUNDS FROM THE
BUDGETS OF THE VARIOUS USER DEPARTMENTS AND
AGENCIES.
PAGE 5
APRIL 10, 2003
R-03-343
MOVED: GONZALEZ
SECONDED: SANCHEZ
ABSENT: WINTON,REGALADO
CA -2
CA -3
CA -4
CONSENT AGENDA CONT'D
RESOLUTION - (J-03-333) - (AUTHORIZING THE
APPROVAL OF THE PROCUREMENT AND PROVISION)
AUTHORIZING THE APPROVAL OF THE PROCUREMENT
AND PROVISION OF AIR TIME ACCESS AND PORT
CHARGES FOR A VEHICLE LOCATION SYSTEM FROM
ITURAN FLORIDA CORP./LIFETRAK (NON-MINORTY/NON
LOCAL VENDOR, 3330 N.W. 53RD STREET, SUITE 302,
FT. LAUDERDALE, FLORIDA) FOR THE DEPARTMENT OF
SOLID WASTE, UTILIZING AN EXISTING STATE OF
FLORIDA NEGOTIATED AGREEMENT PRICE SCHEDULE
NO. 7302387-2, EFFECTIVE THROUGH JULY 2, 2003,
SUBJECT TO ANY EXTENSIONS OR REPLACEMENT
CONTRACTS BY THE STATE OF FLORIDA, ON A
CONTRACT BASIS FOR A ONE-YEAR PERIOD, WITH THE
OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR
PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED
$40,000; ALLOCATING FUNDS FROM ACCOUNT CODE
NO. 422001.320302.6.340.
WITHDRAWN
WITHDRAWN
CA -5. WITHDRAWN
PAGE 6
APRIL 10, 2003
R-03-344
MOVED: GONZALEZ
SECONDED: SANCHEZ
ABSENT: REGALADO, WINTON
CONSENT AGENDA CONT'D
CA -6. RESOLUTION - (J-03-) - (ACCEPTING A
PRESERVATION DEVELOPMENT INITIATIVE GRANT))
ACCEPTING A PRESERVATION DEVELOPMENT
INITIATIVE GRANT FROM THE NATIONAL TRUST FOR
HISTORIC PRESERVATION TO ASSIST THE CITY OF
MIAMI IN USING HISTORIC PRESERVATION AS PART OF
ITS ECONOMIC AND COMMUNITY DEVELOPMENT
STRATEGIES; ALLOCATING MATCHING FUNDS IN THE
AMOUNT OF $57,500 FROM THE HISTORIC
PRESERVATION INITIATIVE OF HOMELAND DEFENSE
NEIGHBORHOOD IMPROVEMENT BOND FUNDS,
CAPITAL IMPROVEMENT PROJECT NO. 311010;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, TO
IMPLEMENT ACCEPTANCE OF SAID GRANT.
CA -7. RESOLUTION - (J-03-341) - (AUTHORIZING THE CITY
MANAGER TO EXECUTE A REVOCABLE LICENSE
AGREEMENT)
AUTHORIZING THE CITY MANAGER TO EXECUTE A
REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE
CENTER FOR HAITIAN STUDIES, INC., LICENSEE, FOR
USE OF APPROXIMATELY 7,986 SQUARE FEET OF THE
CITY -OWNED PARKING LOT LOCATED AT
185 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA, ON A
MONTH-TO-MONTH BASIS, WITH A MONTHLY FEE OF
$250, PLUS A FIVE PERCENT (5%) INCREASE EVERY
TWELVE MONTHS FROM THE EFFECTIVE DATE OF THE
AGREEMENT, AND ALL OTHER TERMS AND
CONDITIONS AS SET FORTH IN THE AGREEMENT.
PAGE 7
APRIL 10, 2003
R-03-345
(MODIFIED)
MOVED: GONZALEZ
SECONDED: SANCHEZ
ABSENT: REGALADO, WINTON
R-03-346
MOVED: GONZALEZ
SECONDED: SANCHEZ
ABSENT: REGALADO, WINTON
CONSENT AGENDA CONT'D
CA -8. RESOLUTION - (J-03-) - (AUTHORIZING THE
CONTINUED ENGAGEMENT OF THE LAW FIRM OF
HOGAN & HARTSON, L.L.P.)
AUTHORIZING THE CONTINUED ENGAGEMENT OF THE
LAW FIRM OF HOGAN & HARTSON, L.L.P. FOR LEGAL
SERVICES PROVIDED TO THE CITY OF MIAMI IN
CONNECTION WITH ILLEGALLY PLACED BILLBOARDS
AND THE CASE OF NATIONAL ADVERTISING CO. VS.
CITY OF MIAMI, IN THE UNITED STATES DISTRICT
COURT, CASE NO. 01-3039 CIV -KING, IN AN AMOUNT
NOT TO EXCEED $125,539, 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.
CA -9. RESOLUTION - (J-03-328) - (AUTHORIZING
SETTLEMENT)
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
ROSETTA CORNER, WITHOUT ADMISSION OF LIABILITY,
THE SUM OF $150,000 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI IN THE CASE OF ROSETTA
CORNER, ETC., ET AL. V. CITY OF MIAMI, ET AL.,
CIRCUIT COURT CASE NO. 97-16395 CA (09), 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.
PAGE 8
APRIL 10, 2003
R-03-347
MOVED: GONZALEZ
SECONDED: SANCHEZ
ABSENT: REGALADO, WINTON
R-03-348
MOVED: GONZALEZ
SECONDED: SANCHEZ
ABSENT: REGALADO, WINTON
CA -10.
CA -11
CONSENT AGENDA CONT'D
ACCEPTING A REPORT FROM THE CIVIL SERVICE
BOARD.
RESOLUTION - (J-03-) - (AUTHORIZING
SETTLEMENT)
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
ACCESS NOW, INC. AND CHRIST TAVANTZIS
ATTORNEYS FEES AND COSTS OF $150,000, AND
DIRECTING THE CITY MANAGER TO MAKE REPAIRS
AND MODIFICATIONS TO THE STREETS AND
SIDEWALKS WITHIN THE MAINTENANCE JURISDICTION
OF THE CITY OF MIAMI TO COMPLY WITH THE
REQUIREMENTS OF THE AMERICANS WITH
DISABILITIES ACT IN THE AMOUNT OF $4,500,000 OVER
THE NEXT EIGHT YEARS, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, FOR THE CASE OF
ACCESS NOW, INC., ET AL VS. CITY OF MIAMI, ET AL, IN
THE UNITED STATES DISTRICT COURT, SOUTHERN
DISTRICT OF FLORIDA, MIAMI DIVISION, CASE NO. 02-
21413-CIV-MORENO, UPON DISMISSING THAT CLAIM
SUBJECT TO A SETTLEMENT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING
FUNDS FOR THE PAYMENT OF $150,000 OF
ATTORNEYS FEES AND COSTS FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, INDEX
CODE NO. 515001.624401.6.651.
END OF CONSENT AGENDA
PAGE 9
APRIL 10, 2003
MOTION -03-349
MOVED: GONZALEZ
SECONDED: SANCHEZ
ABSENT: REGALADO, WINTON
R-03-350
MOVED: GONZALEZ
SECONDED: SANCHEZ
ABSENT: REGALADO, WINTON
1A. SPECIAL 4/5THS VOTE CONSENT AGENDA
Unless a member of the City Commission wishes to remove
a specific item from this portion of the agenda, Items S -CA -1
through S -CA -68 constitute the Special 4/5ths Vote
Consent Agenda. These items are self-explanatory and are
not expected to require additional review or discussion.
Each item will be recorded individually, adopted
unanimously by the following motion:
. that the Special 4/5ths Vote Consent Agenda
comprised of items S -CA -1 through S -CA -68 be adopted
The Presiding Officer or City Clerk shall state the following:
"Before the vote on adopting items included in the Special
4/5ths Vote Consent Agenda is taken, is there anyone
present who is an objector or proponent that wishes to
speak on any item in the Special 4/5ths Vote Consent
Agenda? Hearing none, the vote on the adoption of the
Special 4/5ths Vote Consent Agenda will now be taken."
S -CA -1 RESOLUTIONS - (J-03-251 THROUGH J-03-318) -
THROUGH (RATIFYING, APPROVING AND CONFIRMING THE CITY
S -CA -68 MANAGER'S FINDINGS OF AN EMERGENCY)
(4/5THS VOTE)
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDINGS OF AN EMERGENCY(S),
WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING PROCEDURES AS DESCRIBED ON
THE EXHIBIT(S) ATTACHED AND INCORPORATED;
ALLOCATING FUNDS FROM THE BUDGET OF VARIOUS
USER DEPARTMENT ACCOUNTS. (This item was
deferred from the meeting of March 27, 2003)
A SEPARATE RESOLUTION FOR EACH FILE IS
ATTACHED TO THE AGENDA PACKET.
PAGE 10
APRIL 10, 2003
DISCUSSED
9:10 A.M.
K
3
SECOND READING ORDINANCE - (J-03-181)
AMENDING CHAPTER 2, ARTICLE IV, OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATION, DEPARTMENTS," BY REPEALING,
IN ITS ENTIRETY, DIVISION 13 ENTITLED
"DEPARTMENT OF INTERNAL AUDIT AND REVIEWS,"
CONSISTING OF SECTIONS 2-526 THROUGH 2-532, AND
SUBSTITUTING IN LIEU THEREOF A NEW DIVISION 13,
ENTITLED "OFFICE OF INDEPENDENT AUDITOR
GENERAL," CONSISTING OF NEW CODE SECTIONS 2-
526 THROUGH 2-531, TO ESTABLISH THE
RESPONSIBILITIES AND OPERATING PROCEDURES OF
THE IAG, TO PROVIDE FOR APPOINTMENT AND
QUALIFICATIONS, DUTIES AND POWERS, STAFFING,
AND SPECIAL ASSIGNMENTS RELATED TO THE IAG,
GRANTING THE MAYOR AND CITY MANAGER THE
AUTHORITY TO REQUEST THE IAG TO PERFORM
AUDITS; PROVIDING THAT THE PROVISIONS
CONTAINED IN THIS ORDINANCE SHALL BECOME
OPERATIVE SIMULTANEOUSLY UPON THE
APPOINTMENT OF THE INDEPENDENT AUDITOR
GENERAL ("IAG'); CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
(This item was deferred from the meeting of March 27,
2003)
DATE OF FIRST READING FEBRUARY 27, 2003
MOVED COMMISSIONER GONZALEZ
SECONDED COMMISSIONER REGALADO
VOTE UNANIMOUS
RESOLUTION - (J-03-) - (APPOINTING VICTOR I
IGWE AS THE INDEPENDENT AUDITOR GENERAL)
APPOINTING VICTOR I. IGWE AS THE INDEPENDENT
AUDITOR GENERAL OF THE CITY OF MIAMI, FLORIDA,
FOR A FOUR YEAR PERIOD COMMENCING May 1, 2003.
(This item was deferred from the meeting of March 27,
2003)
PAGE 11
APRIL 10, 2003
ORDINANCE #12351
(MODIFIED)
MOVED: SANCBEZ
SECONDED: GONZALEZ
ABSENT: WINTON
MOTION -03-341
MOVED: SANCBEZ
SECONDED: GONZALEZ
ABSENT: WINTON
R-03-342
MOVED:
SECONDED
ABSENT:
GONZALEZ
SANCBEZ
WINTON
9:15 A.M.
4.
DEPARTMENT OF RISK MANAGEMENT
RESOLUTION - (J-03-227) - (APPROVING THE
FINDINGS OF THE EVALUATION COMMITTEE)
APPROVING THE FINDINGS OF THE EVALUATION
COMMITTEE PURSUANT TO REQUEST FOR PROPOSAL
NO. 02-03-010, FOR WORKERS COMPENSATION CLAIMS
ADMINISTRATION (PART I SERVICES); GENERAL,
AUTOMOBILE AND PROFESSIONAL LIABILITY
HANDLING CLAIMS ADMINISTRATION (PART II
SERVICES), AND/OR MANAGED CARE SERVICES (PART
III SERVICES); AUTHORIZING THE CITY MANAGER TO
NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT
("AGREEMENT"), WITH GALLAGHER BASSETT
SERVICES, INC., THE TOP-RANKED FIRM, FOR THE
PROVISION OF PART I AND PART II SERVICES, AND
SHOULD NEGOTIATIONS FAIL WITH THE TOP-RANKED
FIRM, TO NEGOTIATE WITH CRAWFORD AND
COMPANY, THE SECOND -RANKED FIRM, UNTIL A
CONTRACT IS NEGOTIATED; FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AN AGREEMENT
WITH PREFERRED GOVERNMENTAL CLAIMS
SOLUTIONS (PGCS), THE TOP-RANKED FIRM, FOR THE
PROVISION OF PART III SERVICES, FOR A THREE-YEAR
PERIOD, WITH THE OPTION TO EXTEND FOR FIVE
ADDITIONAL ONE-YEAR PERIODS, AND SHOULD
NEGOTIATIONS FAIL, THE EVALUATION COMMITTEE
SHALL RECONVENE TO RECONSIDER ITS
RECOMMENDATION FOR AWARD; DIRECTING THE CITY
MANAGER TO PRESENT THE NEGOTIATED
AGREEMENT(S) TO THE CITY COMMISSION FOR
CONSIDERATION. (This item was deferred from the
meeting of March 27, 2003)
PAGE 12
APRIL 10, 2003
R-03-364
MOVED: SANC]HEZ
SECONDED: WINTON
UNANIMOUS
PERSONAL APPEARANCES
NOTE: LEGISLATION MAY RESULT FROM CITY COMMISSION
CONSIDERATION OF ANY PERSONAL APPEARANCE.
5. WITHDRAWN
6. MR. ENRIQUE KOGAN, PRESIDENT OF THE
ARGENTINEAN FESTIVAL TO ADDRESS THE
COMMISSION CONCERNING WAIVER OF CITY
SERVICES OF POLICE AND FIRE PERSONNEL, FOR
THEIR EVENT ON APRIL 27, 2003 AT BAYFRONT PARK.
ADMINISTRATION RECOMMENDATION: APPROVAL
7. WITHDRAWN
PAGE 13
APRIL 10, 2003
R-03-353
MOVED:
SECONDED
ABSENT:
SANCBEZ
GONZALEZ
WINTON
PERSONAL APPEARANCES CONT'D
10:00 A.M.
8. MR. RAMON E. NUGENT, DIRECTOR OF ACENTECH
INCORPORATED TO ADDRESS THE COMMISSION
CONCERNING A STATUS REPORT ON MIAMI-DADE
COUNTY'S EA (ENVIRONMENTAL ASSESSMENT)
APPLICATION WITH THE FAA AND PROVIDE A PROS
AND CONS REPORT ON THE IMPACT OF A PART 150
NOISE ABATEMENT PROGRAM FOR THE CITY OF MIAMI.
PAGE 14
APRIL 10, 2003
DISCUSSED
A.
MAYOR AND COMMISSIONERS' ITEMS
CITYWIDE
HONORABLE MAYOR MANUEL A. DIAZ
RESOLUTION - (J-03-247) - (AUTHORIZING THE
EXPENDITURE OF FUNDS)
AUTHORIZING THE EXPENDITURE OF FUNDS, IN AN
AMOUNT NOT TO EXCEED $200,000 TO UNDERWRITE
EXPENSES ASSOCIATED WITH THE
IMPLEMENTATION OF PHASE II OF THE MAYOR'S
CITYWIDE POVERTY INITIATIVE (ACCION MIAMI —
MICRO -LENDING INITIATIVE $150,000); FROM THE
SPECIAL REVENUE ACCOUNT ENTITLED, "POVERTY
INITIATIVE;" ALLOCATING FUNDS FROM FISCAL YEAR
2002-2003 BUDGETED FUNDS; FURTHER DIRECTING
THE CITY MANAGER TO NEGOTIATE THE NECESSARY
AGREEMENT(S) TO IMPLEMENT SAID PHASE AND
PRESENT THE NEGOTIATED AGREEMENT(S) TO THE
CITY COMMISSION FOR CONSIDERATION. (This item
was deferred from the meeting of March 27, 2003)
PAGE 15
APRIL 10, 2003
R-03-378
MOVED:
SECONDED
ABSENT:
REGALADO
SANC]HEZ
WINTON
PAGE 16
APRIL 10, 2003
MAYOR AND COMMISSIONERS' ITEMS CONT'D
DISTRICT 1
COMMISSIONER ANGEL GONZALEZ
MAYOR AND COMMISSIONERS' ITEMS CONT'D
DISTRICT 2
CHAIRMAN JOHNNY L. WINTON
A. RESOLUTION - (J-03-213) - (AUTHORIZING THE CITY
MANAGER TO EXECUTE A REVOCABLE LICENSE
AGREEMENT)
AUTHORIZING THE CITY MANAGER TO EXECUTE A
REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, WITH INVEST IN
MIAMI, INC., FOR USE OF ITS WEBSITE TO PROMOTE
ECONOMIC DEVELOPMENT IN REAL ESTATE TO
STIMULATE INWARD INVESTMENT AND EXPAND THE
TAX BASE OF THE CITY OF MIAMI, FOR AN INITIAL FIVE-
YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO
ADDITIONAL FIVE-YEAR PERIODS, AND SUBJECT TO
ALL OTHER TERMS AND CONDITIONS SET FORTH IN
THE AGREEMENT. (This item was deferred from the
meeting of March 27, 2003)
PAGE 17
APRIL 10, 2003
R-03-376
MOVED:
SECONDED
ABSENT:
REGALADO
GONZALEZ
WINTON
MAYOR AND COMMISSIONERS' ITEMS CONT'D
DISTRICT 3
COMMISSIONER JOE SANCHEZ
A. DISCUSSION CONCERNING ROTATING THE
CHAIRMANSHIP OF ALL BODIES THAT
COMMISSIONERS SERVE ON, SUCH AS THE CRA,
BAYFRONT TRUST, ETC. (This item was deferred from
the meeting of March 27, 2003)
B. DISCUSSION CONCERNING EAST LITTLE HAVANA
HOMEOWNERSHIP TRUST/PLANNING STUDY.
C. MS. LILLIAM SANCHEZ MARTINEZ, CHAIRPERSON OF
HISPANIC DEVELOPMENT INITIATIVE BOARD OF THE
AMERICAN CANCER SOCIETY TO ADDRESS THE
COMMISSION CONCERNING AN EVENT ON APRIL
26TH AND 27TH AT THE ORANGE BOWL.
D. MR. GUARIONE M. DIAZ, PRESIDENT OF THE CUBAN
AMERICAN NATIONAL COUNCIL TO ADDRESS THE
COMMISSION CONCERNING AN EVENT ON MAY 3 AT
JOSE MARTI PARK.
PAGE 18
APRIL 10, 2003
DEFERRED BY
MOTION -03-375
MOVED: WINTON
SECONDED: GONZALEZ
UNANIMOUS
STAFF TO MEET
WITH COMMISSIONER
SANCHEZ
R-03-363
MOVED: SANCHEZ
SECONDED: GONZALEZ
UNANIMOUS
MOTION -03-377
MOVED: SANCHEZ
SECONDED: REGALADO
ABSENT: WINTON
PAGE 19
APRIL 10, 2003
MAYOR AND COMMISSIONERS' ITEMS CONT'D
DISTRICT 4
COMMISSIONER TOMAS REGALADO
A. DISCUSSION CONCERNING INITIATING A PROCESS
TO ESTABLISH A HISTORIC DISTRICT IN THE AREA DISCUSSED
OF CORAL GATE (DISTRICT 4).
MAYOR AND COMMISSIONERS' ITEMS CONT'D
DISTRICT 5
VICE-CHAIRMAN ARTHUR E. TEELE, JR
A. DISCUSSION AND RESOLUTION (MOTION) REQUESTING
REPORT INCLUDING RESOLUTIONS AND FUNDINGS
FOR THE HISTORICAL PRESERVATION GRANT OF
$225,000 PROVIDED TO THE PLANNING AND ZONING
DEPARTMENT JULY 10, 2001 (FY 2002) SPECIFICALLY,
REQUESTING NAMES, GRANTS AND CONTACT
AMOUNTS OF ALL ENTITIES THAT HAVE RECEIVED
FUNDING UNDER THIS GRANT AND BALANCES, IF ANY
REMAINING ON THE GRANT. (This item was deferred from
the meeting of March 27, 2003)
B. DISCUSSION AND MOTIONS REGARDING THE $255 MIL
HOMELAND DEFENSE AND NEIGHBORHOOD
IMPROVEMENT BOND SPECIFICALLY RELATED TO THE
FOLLOWING ITEMS APPROVED BY THE VOTERS: A)
POLICE TRAINING FACILITY AND HOMELAND DEFENSE
INITIATIVES - $21 MIL, B) LITTLE HAITI PARK - $25 MIL,
C) ORANGE BOWL - $16 MIL, D) QUALITY OF LIFE - $25
MIL (BY DISTRICT), E) NEIGHBORHOOD PARK
IMPROVEMENTS AND ACQUISITION - $21 MIL
SPECIFICALLY RELATING TO GIBSON/RANGE PARKS
AND, F) SOCCER COMPLEX DEVELOPMENT - $10 MIL,
G) MARGARET PACE PARK - $4, H) CALLE OCHO
IMPROVEMENT - $6 MIL.. (This item was deferred from the
meeting of March 27, 2003)
C. AMENDMENT OF THE MIAMI CITY COMMISSION
DIRECTING AN INCREASE TO A PREVIOUSLY
STIPULATED ALLOCATION IN THE AMOUNT OF $10,000
FOR MOTION # 0276 PASSED AT CITY COMMISSION
MEETING HELD ON JANUARY 9, 2003 TO NOW
REFLECT A TOTAL APPROPRIATION NOT TO EXCEED
$16,344 TO BE PAID DIRECTLY TO A DOWNTOWN CITY
HOTEL AS COSTS OF CITY SPONSORSHIP FOR THE
5,000 ROLE MODELS OF EXCELLENCE BREAKFAST
WHICH WAS A PART OF THE MARTIN LUTHER KING
HOLIDAY CELEBRATION HELD ON MONDAY, JANUARY
20, 2003 WITH THE MAYOR OF THE CITY OF MIAMI,
DISTRICT 5 CITY COMMISSIONER, POLICE CHIEF,
DEPUTY CHIEF AND APPROXIMATELY 200 CITY
EMPLOYEES PRESENT. (This item was deferred from the
meeting of March 27, 2003)
PAGE 20
APRIL 10, 2003
DISCUSSED AND
DEFERRED TO
MAY 8, 2003
MOTION -03-380
MOVED: TEELE
SECONDED: SANCBEZ
ABSENT: WINTON
DEFERRED BY
MOTION -03-375
MOVED: WINTON
SECONDED: GONZALEZ
UNANIMOUS
MOTION -03-381
MOVED: TEELE
SECONDED: GONZALEZ
ABSENT: WINTON
0
MAYOR AND COMMISSIONERS' ITEMS CONT'D
DISTRICT 5
VICE-CHAIRMAN ARTHUR E. TEELE , JR CONT'D
RESOLUTION - (J-03-) - (RELATED TO THE HAITIAN
COMPAS FESTIVAL 2003, INC.)
RELATED TO THE HAITIAN COMPAS FESTIVAL 2003,
INC. TO BE HELD ON MAY 17, 2003; AUTHORIZING A
GRANT IN THE AMOUNT OF TEN THOUSAND DOLLARS
($10,000) TO BE TRANSFERRED TO BAYFRONT PARK
FOR THE PROVISION OF RENTAL FEES; AND, A GRANT
IN THE AMOUNT OF FIFTEEN THOUSAND DOLLARS
($15,000) TO BE TRANSFERRED TO THE MIAMI ARENA
FOR THE PROVISION OF A FIRE -WORKS SHOW;
AUTHORIZING THE ALLOCATION OF FUNDS FOR SAID
SERVICES, FROM THE SPECIAL EVENTS ACCOUNT
CODE NO. 001000921054.289; SAID AUTHORIZATIONS
CONDITIONED UPON THE ORGANIZERS: (1)
OBTAINING ALL PERMITS REQUIRED BY LAW; (2)
PAYING FOR ALL NECESSARY COSTS OF CITY
SERVICES AND APPLICABLE FEES ASSOCIATED WITH
SAID EVENT; (3) AND COMPLYING WITH ALL
CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY MANAGER OR DESIGNEE.
PAGE 21
APRIL 10, 2003
R-03-382
(MODIFIED)
MOVED: TEELE
SECONDED: SANCBEZ
ABSENT: WINTON
PUBLIC HEARING ITEMS
3:00 P.M.
9. RESOLUTION - (J-03-190) - (AUTHORIZING THE
ROLLOVER OF ACCOUNT FUNDS)
AUTHORIZING THE ROLLOVER OF ACCOUNT FUNDS
TO THE CURRENT FISCAL YEAR 2002-2003, IN THE
AMOUNT OF $645,589, OF PREVIOUSLY APPROVED
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM ACTIVITIES/PROJECTS THAT WERE NOT
COMPLETED DURING FISCAL YEAR 2001-2002, THAT
ENDED SEPTEMBER 30, 2002; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENTS TO THE EXISTING AGREEMENTS IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
SAID AGENCIES FOR SAID PURPOSES.
10. RESOLUTION - (J-03-340) - (AUTHORIZING THE
TRANSFER OF FISCAL YEAR 2002-2003 HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
PROGRAM FUNDS)
AUTHORIZING THE TRANSFER OF FISCAL YEAR 2002-
2003 HOUSING OPPORTUNITIES FOR PERSONS WITH
AIDS (HOPWA) PROGRAM FUNDS, IN THE AMOUNT OF
$15,000, FROM GRANT ADMINISTRATION TO HOUSING
OPPORTUNITIES PROJECT FOR EXCELLENCE, INC.
(HOPE), TO PROVIDE FAIR HOUSING ACTIVITIES AND
RELATED SERVICES TO LOW-INCOME INDIVIDUALS
LIVING WITH HIV/AIDS AS AUTHORIZED BY FEDERAL
REGULATIONS; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID
AGENCY FOR SAID PURPOSE.
PAGE 22
APRIL 10, 2003
R-03-366
MOVED: SANCBEZ
SECONDED: GONZALEZ
ABSENT: REGALADO
R-03-367
MOVED: GONZALEZ
SECONDED: SANCBEZ
UNANIMOUS
11
12
PUBLIC HEARING ITEMS CONT'D
FIRST READING ORDINANCE - (J-03-)
AMENDING CHAPTER 2, ARTICLE X, SECTION 2-817
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ADMINISTRATION CODE
ENFORCEMENT, ADMINISTRATIVE COSTS, FINES;
LIENS," TO MODIFY SUBSECTION (h)(1) RELATING TO
THE RELEASE OR SATISFACTION OF A LIEN PLACED
ON A PROPERTY BY THE CITY TO ALLOW THE CITY
MANAGER TO RELEASE OR SATISFY A LIEN ON A
PROPERTY LOCATED IN A HOMEOWNERSHIP ZONE
IF THE PROJECT QUALIFIES AS AN AFFORDABLE
HOMEOWNERSHIP HOUSING PROJECT IN
ACCORDANCE WITH THE FIVE-YEAR CONSOLIDATED
PLAN REGARDLESS OF WHETHER THE PROJECT
HAS BEEN ALLOCATED FUNDS BY THE CITY
COMMISSION OR THE CITY OF MIAMI HOUSING AND
COMMERCIAL LOAN COMMITTEE.
DISCUSSION CONCERNING THE 29TH YEAR CDBG
HOUSING DEVELOPMENT POLICY.
PAGE 23
APRIL 10, 2003
FIRST READING
ORDINANCE
(MODIFIED)
MOVED: GONZALEZ
SECONDED: SANCHEZ
UNANIMOUS
MOTION -03-369
MOVED: WINTON
SECONDED: SANCHEZ
UNANIMOUS
MOTION -03-370
MOVED: GONZALEZ
SECONDED: SANCHEZ
UNANIMOUS
-------------------------------
MOTION-03-371
MOVED: SANCHEZ
SECONDED: GONZALEZ
UNANIMOUS
MOTION -03-372
MOVED: REGALADO
SECONDED: GONZALEZ
UNANIMOUS
13.
ORDINANCES -EMERGENCY
EMERGENCY ORDINANCE - (J-03-)
(4/5TNS 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 the 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)
ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR
CHILDREN 2003" AND APPROPRIATING FUNDS FOR
THE OPERATION OF THE PROGRAM IN THE
ESTIMATED AMOUNT OF $557,868, CONSISTING OF A
GRANT FROM THE UNITED STATES DEPARTMENT OF
AGRICULTURE THROUGH THE FLORIDA
DEPARTMENT OF EDUCATION; AUTHORIZING THE
CITY MANAGER TO ACCEPT THE GRANT AWARD
FROM THE UNITED STATES DEPARTMENT OF
AGRICULTURE AND TO EXECUTE THE NECESSARY
DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE
SCHOOL BOARD OF MIAMI-DADE COUNTY FOR THE
PROVISION OF LUNCHES AND SNACKS TO THE
PARTICIPANTS OF THE CITY OF MIAMI'S 2003
SUMMER FOOD SERVICE PROGRAM FROM JUNE 16,
2003 THROUGH, AUGUST 15, 2003; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
PAGE 24
APRIL 10, 2003
ORDINANCE # 123 57
MOVED: WINTON
SECONDED: GONZALEZ
ABSENT: SANC]HEZ
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.
14. SECOND READING ORDINANCE - (J-03-)
AMENDING SECTION 2-33 OF THE CODE OF THE CITY
OF MIAMI, ENTITLED: "ORDER OF BUSINESS AND
RULES OF PROCEDURE" TO PROVIDE THAT IF THE
ENGAGEMENT OF AN EXECUTIVE DIRECTOR,
REGARDLESS OF TITLE, OF ANY BOARD AS DEFINED
IN SECTION 2-882 OF THE CITY CODE, IS REQUIRED
TO BE APPROVED, RATIFIED, OR CONFIRMED BY THE
CITY COMMISSION, THE INDIVIDUAL ENGAGED BY A
BOARD SHALL MEET WITH EACH MEMBER OF THE
CITY COMMISSION PRIOR TO SUCH APPROVAL,
RATIFICATION OR CONFIRMATION, AND THE CITY
CLERK SHALL ASSURE THAT SUCH MEETINGS
BETWEEN THE INDIVIDUAL AND THE MEMBERS OF
THE CITY COMMISSION HAVE BEEN SCHEDULED;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
DATE OF FIRST READING MARCH 27, 2003
MOVED COMMISSIONER GONZALEZ
SECONDED COMMISSIONER SANCHEZ
ABSENT CHAIRMAN WINTON
PAGE 25
APRIL 10, 2003
ORDINANCE #12352
(MODIFIED)
MOVED: SANC]HEZ
SECONDED: WINTON
AB SENT: REGALADO, GONZALEZ
15.
16.
ORDINANCES -SECOND READING CONT'D
SECOND READING ORDINANCE - (J-03-126)
AMENDING CHAPTER 18, ARTICLE IX/DIVISION 2 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "FINANCIAL INTEGRITY
PRINCIPLES" TO REVISE THE DUE DATES FOR THE
MULTI-YEAR FINANCIAL PLAN AND THE MULTI-YEAR
CAPITAL IMPROVEMENT PLAN; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
DATE OF FIRST READING MARCH 27, 2003
MOVED COMMISSIONER SANCHEZ
SECONDED COMMISSIONER GONZALEZ
ABSENT COMMISSIONER REGALADO
CHAIRMAN WINTON
SECOND READING ORDINANCE - (J-03-001)
AMENDING CHAPTER 18/ARTICLE III, OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT
ORDINANCE," TO CLARIFY THE SCOPE AND
APPLICATION OF THE PROCUREMENT ORDINANCE,
ADD DEFINITIONS, AND PROVIDE FOR THE
EXEMPTION OF THE PROVISIONS OF THE
PROCUREMENT ORDINANCE AND THE CONE OF
SILENCE FOR THE COMMUNITY REDEVELOPMENT
AGENCIES; MORE PARTICULARLY BY AMENDING
SECTIONS 18-72 AND 18-73 OF SAID CODE,
CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
DATE OF FIRST READING MARCH 27, 2003
MOVED COMMISSIONER GONZALEZ
SECONDED COMMISSIONER SANCHEZ
ABSENT COMMISSIONER REGALADO
CHAIRMAN WINTON
PAGE 26
APRIL 10, 2003
ORDINANCE # 123 53
MOVED: WINTON
SECONDED: SANCBEZ
ABSENT: GONZALEZ
ORDINANCE #12354
MOVED: WINTON
SECONDED: SANCBEZ
ABSENT: GONZALEZ
17.
ORDINANCES -SECOND READING CONT'D
SECOND READING ORDINANCE - (J-03-241)
AMENDING ORDINANCE NO. 12280 TO REFLECT A
FUNDING INCREASE FOR EXISTING OR NEW CAPITAL
IMPROVEMENT PROJECTS; AND AUTHORIZING THE
ACCEPTANCE AND APPROPRIATION OF SIX GRANTS,
IN THE TOTAL AMOUNT OF $785,065, FROM MIAMI-
DADE COUNTY AS DESIGNATED HEREIN UNDER THE
SAFE NEIGHBORHOOD PARK BOND PROGRAM
DISCRETIONARY INTEREST EARNINGS FUNDING
PROJECTS 2002 PROCEEDS, AND $92,345 FROM THE
FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM FOR IMPROVEMENTS TO THE LEMON CITY
PARK, WITH MATCHING FUNDS IN THE SAME AMOUNT
FROM THE HOMELAND DEFENSE NEIGHBORHOOD
IMPROVEMENT BOND FUNDS; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, TO IMPLEMENT
ACCEPTANCE OF SAID GRANTS, PURSUANT TO THE
PROVISIONS OF THE SAFE NEIGHBORHOOD PARKS
ORDINANCE; FURTHER AUTHORIZING THE
ALLOCATION AND PAYMENT OF (1) SUPPLEMENTAL
FUNDS REQUIRED TO COMPLETE SAID PROJECTS IF
THE COSTS OF SAID PROJECTS EXCEED THE GRANT
APPROPRIATION, AND (2) FUNDS TO OPERATE,
MAINTAIN AND PROVIDE PROGRAMMING AT EACH
PROJECT UPON ITS COMPLETION.
DATE OF FIRST READING MARCH 27, 2003
MOVED COMMISSIONER GONZALEZ
SECONDED COMMISSIONER SANCHEZ
ABSENT : CHAIRMAN WINTON
COMMISSIONER REGALADO
PAGE 27
APRIL 10, 2003
ORDINANCE # 123 5 5
MOVED: WINTON
SECONDED: SANCBEZ
ABSENT: GONZALEZ
18.
ORDINANCES -SECOND READING CONT'D
SECOND READING ORDINANCE - (J-01-)
AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY AMENDING THE CHAPTER
ENTITLED "COMMUNITY REVITALIZATION" TO
CREATE AND ESTABLISH THE LITTLE HAVANA
HOMEOWNERSHIP TRUST (THE "TRUST") BY
DESIGNATING THE TRUST'S JURISDICTIONAL
AUTHORITY AS AN AGENCY AND INSTRUMENTALITY
OF THE CITY OF MIAMI; SETTING FORTH THE TRUST'S
PURPOSE, POWERS AND DUTIES, INCLUDING BUT
NOT LIMITED TO: TO SUE AND BE SUED, PLEAD AND
IMPLEAD, CONTRACT AND BE CONTRACTED WITH,
AND TO OWN AND DISPOSE OF REAL PROPERTY;
PROVIDING FOR COMPOSITION AND APPOINTMENTS
AND PROCEDURES, NOMINATION AND ELECTION
PROCEDURES, TERMS OF OFFICE, VACANCIES,
MEMBERSHIP QUALIFICATIONS, ATTENDANCE
REQUIREMENTS, OFFICERS; OATH, QUORUM AND
VOTING, MEETINGS, INDEMNIFICATION,
ABOLISHMENT, AN EXECUTIVE DIRECTOR AND
STAFF, COUNSEL, BUDGET APPROVAL AND ANNUAL
REPORT AND PROVIDING FOR "SUNSET" REVIEW;
MORE PARTICULARLY BY AMENDING SECTION 2-892
AND ADDING NEW DIVISION 3 TO THE CHAPTER,
ENTITLED "COMMUNITY REVITALIZATION," OF THE
CODE; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN
THE CITY CODE.
DATE OF FIRST READING JULY 26, 2001
MOVED COMMISSIONER SANCHEZ
SECONDED COMMISSIONER REGALADO
ABSENT : COMMISSIONER TEELE
PAGE 28
APRIL 10, 2003
ORDINANCE # 123 5 6
(MODIFIED)
MOVED: WINTON
SECONDED: SANCBEZ
ABSENT: GONZALEZ
ORDINANCES — FIRST READING
NOTE: Any proposed ordinance listed as an item for first
reading in this section may be adopted as an emergency
measure upon being so determined by the City
Commission_
19. FIRST READING ORDINANCE - (J-03-)
AUTHORIZING THE ACCEPTANCE OF A GRANT FROM
THE FLORIDA LAND AND WATER CONSERVATION FUND
FROM THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION IN THE AMOUNT OF
$200,000 FOR THE CREATION OF A BAYWALK ON
WATSON ISLAND; FURTHER AMENDING ORDINANCE
NO. 12280, AS AMENDED, THE CAPITAL
IMPROVEMENTS APPROPRIATIONS ORDINANCE, TO
APPROPRIATE SAID GRANT FUNDS IN THE AMOUNT OF
$200,000 INTO CIP PROJECT NO. 333126 ENTITLED
"WATSON ISLAND IMPROVEMENTS"; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE
OF SAID GRANT.
20. FIRST READING ORDINANCE - (J-03-)
AMENDING ORDINANCE NO. 11418, AS AMENDED,
ADOPTED ON DECEMBER 12, 1996, WHICH
ESTABLISHED INITIAL RESOURCES AND
APPROPRIATIONS FOR THE SPECIAL REVENUE FUND
ENTITLED, "PARTNERSHIP FUND;" TO INCREASE
APPROPRIATIONS TO THE FUND, SAID FUNDS
RECEIVED AND ACCEPTED AS DONATIONS FROM
VARIOUS PRIVATE ORGANIZATIONS, IN THE AMOUNT
OF $26,899; AUTHORIZING THE DEPARTMENT OF
POLICE TO ACCEPT DONATIONS FROM VARIOUS
PRIVATE ORGANIZATIONS TO BE DEPOSITED IN SAID
SPECIAL REVENUE FUND; FURTHER AUTHORIZING THE
DEPARTMENT OF POLICE TO EXPEND SAID FUNDS ON
COMMUNITY EVENTS AND IN-HOUSE PROGRAMS
INCLUDING THE PUBLICATION OF THE DEPARTMENT'S
ANNUAL REPORT; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
PAGE 29
APRIL 10, 2003
FIRST READING
ORDINANCE
MOVED: SANCBEZ
SECONDED: REGALADO
ABSENT: GONZALEZ
FIRST READING
ORDINANCE
MOVED: WINTON
SECONDED: REGALADO
ABSENT: GONZALEZ
PAGE 30
APRIL 10, 2003
21.
ORDINANCES — FIRST READING CONT'D
FIRST READING ORDINANCE - (J-03-)
AMENDING CHAPTER 16 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ELECTIONS," MORE PARTICULARLY BY ADDING
SECTION 16-6(a)(6), REQUIRING PAYMENT OF A FEE IN
THE AMOUNT OF $_100.00 TO QUALIFY TO RUN FOR
MAYOR OF THE CITY OF MIAMI, AND ADDING SECTION
16-6(b)(7), REQUIRING PAYMENT OF A FEE IN THE
AMOUNT OF $_100.00 TO QUALIFY TO RUN FOR
COMMISSIONER OF THE CITY OF MIAMI; AMENDING
SECTION 16-6(c), TO ESTABLISH WHEN THE
QUALIFICATION FEE IS TO BE PAID; ADDING SECTION
16-7, TO ESTABLISH AN EXEMPTION FROM PAYMENT
OF THE QUALIFICATION FEE REQUIRED BY SAID
CODE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
22. WITHDRAWN
PAGE 31
APRIL 10, 2003
FIRST READING
ORDINANCE
MOVED: SANCBEZ
SECONDED: WINTON
ABSENT: GONZALEZ
RESOLUTIONS
DEPARTMENT OF FINANCE
23. RESOLUTION - (J-03-) - (AUTHORIZING THE
DIRECTOR OF FINANCE TO REIMBURSE THE
SUNSHINE STATE GOVERNMENTAL FINANCING
COMMISSION)
AUTHORIZING THE DIRECTOR OF FINANCE TO
REIMBURSE THE SUNSHINE STATE GOVERNMENTAL
FINANCING COMMISSION $181,339.69 FOR THE
SPECIAL INTEREST ACCOUNT OF THE RESERVE FUND
FOR THE $300,000,000 REVENUE BONDS, SERIES
1986, ISSUED BY THE SUNSHINE STATE GOVERNMENT
FINANCING COMMISSION AS THE CITY OF MIAMI'S
SHARE OF OVERPAYMENTS RECEIVED BY THE
BORROWERS AS A RESULT OF THE INCORRECT
CREDIT OF INTEREST FOR THE PERIOD MARCH 2000
THROUGH SEPTEMBER 2002.
DEPARTMENT OF LAW
24. RESOLUTION - (J-03-110) - (DIRECTING THE CITY
ATTORNEY TO TAKE ACTIONS)
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
PROTECT, PRESERVE AND DEFEND THE INTERESTS
OF THE CITY OF MIAMI, INCLUDING, BUT NOT LIMITED
TO ANY ACTION AUTHORIZED BY LAW OR IN EQUITY,
TO OBTAIN RELIEF OR TO REMEDY ANY LOSSES OR
DAMAGES SUSTAINED BY THE CITY RELATED TO
BUNKERS' BREACHES OF THE MANAGEMENT
AGREEMENT DATED JANUARY 25, 1996, AND
ALLEGATIONS IN 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). (This item was deferred from the meeting of
March 27, 2003)
PAGE 32
APRIL 10, 2003
R-03-373
MOVED: WINTON
SECONDED: SANCHEZ
ABSENT: REGALADO,GONZALEZ
R-03-374
(MODIFIED)
MOVED:
SECONDED:
ABSENT:
WINTON
SANCHEZ
GONZALEZ
RESOLUTIONS CONT'D
MODEL CITY COMMUNITY REVITALIZATION DISTRICT
TRUST
25. RESOLUTION - (J-03-) - (AUTHORIZING THE
ALLOCATION OF FUNDS)
AUTHORIZING THE ALLOCATION OF FUNDS, IN THE
AMOUNT OF $1,815,133.15, OF FISCAL YEAR 2003
HOMELAND DEFENSE/NEIGHBORHOOD
IMPROVEMENT BONDS DESIGNATED FOR MODEL CITY
HOMEOWNERSHIP ZONE PILOT PROJECTS,
SPECIFICALLY, INFRASTRUCTURE IMPROVEMENTS TO
REPLACE HOME INVESTMENT PARTNERSHIP
PROGRAM (HOME) FUNDS USED FOR PROPERTY
ACQUISITIONS IN FISCAL YEAR 2002 AND ANTICIPATED
ACQUISITIONS IN FISCAL YEAR 2003.
VIRGINIA KEY BEACH PARK TRUST
26. WITHDRAWN
DEPARTMENT OF MUNICIPAL SERVICES
26A. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 3 TO AN
AGREEMENT)
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 3 TO AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH
SARMIENTO ADVERTISING GROUP, L.L.C. TO (1)
LOWER THE NUMBER OF ADVERTISING BENCHES FOR
WHICH THE CITY OF MIAMI WILL RECEIVE PAYMENT
FROM 900 TO 450, (2) REDUCE THE MINIMUM
GUARANTEED PAYMENT PER BENCH, (3) ELIMINATE
THE REQUIREMENT THAT SARMIENTO PAY A
PERCENTAGE OF GROSS REVENUES TO THE CITY,
AND (4) ALTER THE RATE AT WHICH BUS BENCHES
MUST BE INSTALLED.
PAGE 33
APRIL 10, 2003
DISCUSSED AND
WITHDRAWN BY
MOTION -03-365
MOVED: GONZALEZ
SECONDED: SANCHEZ
ABSENT: REGALADO
R-03-354
MOVED:
SECONDED
ABSENT:
GONZALEZ
REGALADO
WINTON
BOARDS AND COMMITTEES
27. RESOLUTION
INDIVIDUALS)
(APPOINTING CERTAIN
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF
THE HOMELAND DEFENSE/NEIGHBORHOOD
IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD
FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Luis Cabrera
COMMISSIONER REGALADO
Steve Caceres
COMMISSIONER REGALADO
Gary Reshefsky
CHAIRMAN WINTON
Julie Grimes
CHAIRMAN WINTON
David Marko
COMMISSIONER SANCHEZ
Rolando Aedo
COMMISSIONER SANCHEZ
Sonny Armbrister
VICE-CHAIRMAN TEELE
Ronda Vangates
VICE-CHAIRMAN TEELE
Robert Flanders
MAYOR DIAZ
Deferred
MAYOR DIAZ
Jami Reyes
MAYOR DIAZ
Luis De Rosa
MAYOR DIAZ
Ringo Cayard
MAYOR DIAZ
28. RESOLUTION - (APPOINTING CERTAIN
INDIVIDUALS)
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF
THE OCCUPATIONAL LICENSE EQUITY STUDY
COMMISSION FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Derek Lewis VICE-CHAIRMAN TEELE
Anthony Cantey COMMISSIONER
REGALADO
David Collins CHAIRMAN WINTON
PAGE 34
APRIL 10, 2003
R-03-395
MOVED: SANC]HEZ
SECONDED: REGALADO
ABSENT: WINTON
R-03-389
MOVED: TEELE
SECONDED: GONZALEZ
ABSENT: WINTON
29.
BOARDS AND COMMITTEES CONT'D
RESOLUTION - (APPOINTING AN INDIVIDUAL)
APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
OVERTOWN ADVISORY BOARD FOR A TERM AS
DESIGNATED HEREIN.
APPr)1KIT1=1=-
30. RESOLUTION -
INDIVIDUALS)
NOMINATED BY:
VICE-CHAIRMAN TEELE
MAYOR DIAZ
(APPOINTING CERTAIN
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF
THE PARKS ADVISORY BOARD FOR TERMS AS
DESIGNATED HEREIN.
APPOINTEES:
Carlos Arbaleya, Sr.
Placido Debesa
Sallye Jude
Joe Wilkins
Sonny Armbrister
Deferred
Milagros Loyal
Mariano Cruz
Robert Flanders
Rick Walsh
Deferred
WAIVER RESIDENCY FOR:
STEVEN E. LEFTON
MEMBERS
ALFRED SANCHEZ
NOMINATED BY:
COMMISSIONER REGALADO
COMMISSIONER REGALADO
COMMISSIONER SANCHEZ
COMMISSIONER SANCHEZ
VICE-CHAIRMAN TEELE
VICE-CHAIRMAN TEELE
COMMISSIONER GONZALEZ
COMMISSIONER GONZALEZ
CHAIRMAN WINTON
CHAIRMAN WINTON
MAYOR DIAZ
PARKS ADVISORY BOARD
PARKS ADVISORY BOARD MEMBERS
PAGE 35
APRIL 10, 2003
DEFERRED
R-03-396
MOVED:
SECONDED
ABSENT:
SANC]HEZ
GONZALEZ
WINTON
31.
32.
BOARDS AND COMMITTEES CONT'D
RESOLUTION - (APPOINTING AN INDIVIDUAL)
APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
PERFORMING ARTS CENTER TRUST FOR A TERM AS
DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Ruth Greenfield COMMISSION AT -LARGE
RESOLUTION - (APPOINTING AN INDIVIDUAL)
APPOINTING AN INDIVIDUAL AS A REGULAR MEMBER
OF THE URBAN DEVELOPMENT REVIEW BOARD FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY: REPRESENTED FIELD:
(LANDSCAPE ARCHITECT
OR ARCHITECT)
CfielkhIkilI;.4N0114ANm[CMwet116]
PAGE 36
APRIL 10, 2003
R-03-397
MOVED: SANCBEZ
SECONDED: GONZALEZ
ABSENT: WINTON
33.
BOARDS AND COMMITTEES CONT'D
RESOLUTION - (APPOINTING CERTAIN
INDIVIDUALS)
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF
THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Richard Townsend
COMMISSIONER SANCHEZ
Miquel Germain
COMMISSIONER REGALADO
Mark Walters
CHAIRMAN WINTON
Bernice Sawyer
VICE-CHAIRMAN TEELE
Maud Newbold
COMMISSIONER GONZALEZ
Athalie Range
COMMISSION AT -LARGE
Enid Pinkney
COMMISSION AT -LARGE
Eugenia Thomas
COMMISSION AT -LARGE
Gene Tinnie
MAYOR DIAZ
PAGE 37
APRIL 10, 2003
R-03-361
MOVED: REGALADO
SECONDED: SANCHEZ
UNANIMOUS
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.
34. PRESENTATION BY THE CITY OF MIAMI ARTS &
ENTERTAINMENT
COUNCIL REGARDING:
1.
ACTIVITIES AND PROGRESS SINCE THE
CREATION OF THE COUNCIL IN JULY 2002;
2.
FUTURE WORK PLAN OF THE COUNCIL;
3.
RECOMMENDATIONS FOR CITY INVOLVEMENT
IN SUPPORT OF FUTURE ARTS AND
ENTERTAINMENT -RELATED SPECIAL EVENTS
WITHIN THE CITY, INCLUDING A GRANTS
PROGRAM DEVELOPED BY THE STAFF OF THE
MAYOR'S OFFICE ON FILM, FESTIVALS, ARTS,
CULTURE AND ENTERTAINMENT AND
APPROVED BY THE ARTS & ENTERTAINMENT
COUNCIL.
(This
item was deferred from the meeting of February 27,
2003)
35. AN UPDATE REPORT FROM THE COMMUNITY
RELATIONS BOARD CONCERNING THE PROBLEM OF
ILLOGICAL PRECINCT LOCATIONS.
PAGE 38
APRIL 10, 2003
DISCUSSED
DISCUSSED —
FULL ENCOMPASSING
RECOMMENDATIONS
TO COME BACK ON
MAY 8, 2003
DISCUSSION ITEMS CONT'D
36. DISCUSSION OF POSSIBLE SETTLEMENT OF PENDING
OUTDOOR ADVERTISING (BILLBOARD) RELATED
LITIGATION AND CODE ENFORCEMENT CASES.
A. SETTLEMENT PROPOSAL — CARTER OUTDOOR
ADVERTISING COMPANY
B. SETTLEMENT PROPOSAL — ELLER
ADVERTISING COMPANY
37. DISCUSSION CONCERNING A FINANCIAL UPDATE AND
BUDGET OUTLOOK. (This item was deferred from the
meeting of March 27, 2003)
PAGE 39
APRIL 10, 2003
BRIEFLY DISCUSSED
AND DEFERRED TO
MAY 8, 2003
NOT TAKEN UP
PAGE 40
APRIL 10, 2003
SUPPLEMENTAL AGENDA
CITY COMMISSION MEETING
APRIL 10, 2003
S-1.
SUPPLEMENTAL AGENDA
DISTRICT 5
VICE-CHAIRMAN ARTHUR TEELE, JR.
RESOLUTION - (J-03-) - (APPROVING THE CITY OF MIAMI'S
CO-SPONSORSHIP)
APPROVING THE CITY OF MIAMI'S CO-SPONSORSHIP AND
AUTHORIZING AND DIRECTING THE PROVISION OF TECHNICAL
SUPPORT, ASSISTANCE, AND IN-KIND CONTRIBUTIONS AND
SERVICES, IN AN AGGREGATE AMOUNT NOT TO EXCEED
$126,500, FOR THE FOLLOWING PARADES AND EVENTS FOR
FISCAL YEAR 2002-2003: ROOTS & CULTURAL FESTIVAL,
OPERATION GREEN LEAVES, STARKS CHARITABLE
FOUNDATION, MIAMI/BAHAMAS GOOMBAY FESTIVAL, CHILDREN'S
RIDE FOR HOPE, AND GOLD CUP SOCCER.
PAGE 41
APRIL 10, 2003
DEFERRED TO
BE SCHEDULED
ON THE
REGULAR
PORTION OF
THE NEXT
AGENDA
MAYOR
MANUEL A. DIAZ
CHAIRMAN
JOHNNY L. WINTON
VICE-CHAIRMAN
ARTHUR E. TEELE J.R.
COMMISSIONER
ANGEL GONZALEZ
COMMISSIONER
TOMAS REGALADO
COMMISSIONER
JOE SANCHEZ
CITY MANAGER JOE ARRIOLA
CITY ATTORNEY ALEJANDRO VILARELLO
CITY CLERK PRISCILLA A. THOMPSON
VIEW THIS AGENDA AT:
http://www.ci.miami.fl.us
CITY COMMISSION- -AGENDA
SUPPLEMENTAL AGENDA
CITY COMMISSION MEETING
APRIL 10, 2003
S-1.
SUPPLEMENTAL AGENDA
DISTRICT 5
VICE-CHAIRMAN ARTHUR TEELE, JR.
RESOLUTION - (J-03-) - (APPROVING THE CITY OF MIAMI'S
CO-SPONSORSHIP)
APPROVING THE CITY OF MIAMI'S CO-SPONSORSHIP AND
AUTHORIZING AND DIRECTING THE PROVISION OF TECHNICAL
SUPPORT, ASSISTANCE, AND IN-KIND CONTRIBUTIONS AND
SERVICES, IN AN AGGREGATE AMOUNT NOT TO EXCEED
$126,500, FOR THE FOLLOWING PARADES AND EVENTS FOR
FISCAL YEAR 2002-2003: ROOTS & CULTURAL FESTIVAL,
OPERATION GREEN LEAVES, STARKS CHARITABLE
FOUNDATION, MIAMI/BAHAMAS GOOMBAY FESTIVAL, CHILDREN'S
RIDE FOR HOPE, AND GOLD CUP SOCCER.
PAGE 39
APRIL 10, 2003
DEFERRED TO
BESCHEDULED
ON THE
REGULAR
PORTION OF
THE NEXT
AGENDA