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HomeMy WebLinkAboutCC 2005-02-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Verbatim Minutes Thursday, February 10, 2005 9:00 AM REGULAR 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 Verbatim Minutes February 10, 2005 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCES SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez, Commissioner Regalado and Commissioner Allen On the 10th day of February, 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 by Chairman Joe Sanchez at 9:13 a.m., recessed briefly at 11:02 a.m., reconvened at 11:39 p.m., and adjourned at 12:27 p.m. ALSO PRESENT: Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City of Miami Page 2 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 05-00111 CEREMONIAL ITEM MAYORAL VETOES Name of Honoree Guillermo Borges 05-00111-cover page.pdf 05-00111-protocol.pdf 05-00111-Mayor's Cup.pdf PRESENTED Presenter Protocol Item Chairman Sanchez Plaque 1. Chairman Sanchez presented Guillermo Borges with a plaque for his efforts in raising $15, 000 to buy toys for needy children in the community during the Christmas season. He also recognized East Little Havana NET Director Pablo Canton for his efforts in this event. 2. Mayor Diaz presented a commendation to Pedro Diaz, general director of Real Estate Hoy, for his outstanding service to the community and his career as a long-time journalist. 3. Tony Abelo presented the 2005 Mayor's Cup Fishing Trophy to the City of Miami. 4. Mayor Diaz recognized City Hall Policeman Michael Shapiro. 5. William T. Sims, Special Agent -in -Charge, United States Secret Service, presented the Miami Police Department with the U.S. Secret Service Director's Recognition Award for its assistance during the 2004 Presidential Election. Chairman Sanchez: The meeting is being called to order today, Thursday, February 10, 204 [sic 1, here at City Hall, located at 3500 Pan American Drive. If we could stand up for the invocation, followed by the pledge of allegiance. Presentations made. NO MAYORAL VETOES Chairman Sanchez: Before we go into the consent agenda, let me just state for the record that there are no mayoral vetoes, and before -- APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: APPROVE Special Meeting of July 8, 2002 Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton Planning and Zoning Meeting of July 25, 2002 City of Miami Page 3 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton Regular Meeting of January 13, 2005 Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton Chairman Sanchez: At this time, I believe that we need a motion to approve the special meeting of July 8, 202 [sic] minutes. Is there a motion? Vice Chairman Gonzalez: Move the approval. Chairman Sanchez: There's a motion -- Commissioner Regalado: Second. Chairman Sanchez: -- by the Vice Chair -- Commissioner Regalado: Second. Chairman Sanchez: -- Gonzalez, second by Commissioner Regalado. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. We also need a motion to approve the Planning and Zoning meeting that was scheduled July 25, 202 [sic]. Is there a motion? Vice Chairman Gonzalez: Move to approve. Chairman Sanchez: There's a -- Commissioner Regalado: Second. Chairman Sanchez: -- motion by the Vice Chairman. Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and then we have another minutes that we need 10 approve, and that was the regular meeting of the January 13, 205 [sic]. Is there a motion? Vice Chairman Gonzalez: Move to approve. City of Miami Page 4 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Regalado: Second. Chairman Sanchez: There's a motion by the Vice Chair -- Commissioner Regalado: Second. Chairman Sanchez: -- Gonzalez, second by Commissioner Regalado. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. ORDER OF THE DAY Chairman Sanchez: I'd like to read into the record basically the rules that govern us here, and any person who acts as a lobbyist, pursuant to City of Miami Ordinance Number 11469, must register with the City Clerk prior to engaging in any lobbying activities before City staff, boards or committees of the City Commission. Any person making slanderous remarks or who becomes boisterous while addressing this Commission will be asked to leave or escorted out. Any person who seeks to address this Commission on any item appearing in the following portion of this agenda, or the consent agenda, or any public hearing or public discussion is invited to do so, and shall, as soon as possible, inform the City Clerk of his or her desire to speak, giving the City Clerk his or her name. Also, if any of the items are continued, they would automatically roll over into the next Commission meeting. CONSENT AGENDA CA.1 05-00025 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF THIRTY-NINE EVOLUTION 5000 THERMAL IMAGING CAMERAS WITH ACCESSORIES, INCLUDING WARRANTY AND INSTALLATION, FROM MSA, C/O TEN-8 FIRE EQUIPMENT, INC., UTILIZING THE CITY OF SUNRISE, FLORIDA, AWARD OF REQUEST FOR PROPOSAL ("RFP") NO. (04)-A-02, FOR THE DEPARTMENT OF FIRE - RESCUE, IN AN AMOUNT NOT TO EXCEED $302,252; ALLOCATING FUNDS FROM THE URBAN AREAS SECURITY INITIATIVE (" UASI") GRANT PROGRAM II, PROJECT NO. 110111, ACCOUNT CODE NO. 280910.6.840. City ofMiami Page 5 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 05-00025-summary form.pdf 05-00025-quote.pdf 05-00025-evolution 5000.pdf 05-00025-ten-8 letter.pdf 05-00025-msa letter.pdf 05-00025-city of sunrise.pdf 05-00025-schedule A.pdf 05-00025-schedule B.pdf 05-00025-schedule C.pdf 05-00025-schedule D.pdf 05-00025-schedule E.pdf 05-00025-schedule F.pdf 05-00025-code of ethics.pdf 05-00025-attachment A.pdf 05-00025-attachment B.pdf 05-00025-approval form.pdf 05-00025-pre resolution.pdf 05-00025-attachment A2.pdf 05-00025-city of sunrise2.pdf 05-00025-purchase order.pdf 05-00025-resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0079 CA.2 05-00026 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN COMPENSATION FOR THE PROFESSIONAL SERVICES OF EDWARDS & KELCEY, INC., PREVIOUSLY APPROVED BY RESOLUTION NO. 03-256, ADOPTED MARCH 27, 2003, AND AMENDED BY RESOLUTION NO. 04-0107, ADOPTED FEBRUARY 26, 2004, FOR THE DESIGN OF THE BICENTENNIAL PARK SHORELINE STABILIZATION PROJECT ("PROJECT"), IN AN AMOUNT NOT TO EXCEED $292,440, FROM $616,508 TO $908, 948, BASED ON THE MODIFIED SCOPE OF SERVICES FOR ADDITIONAL PROFESSIONAL SERVICES REQUIRED FOR THE DESIGN OF PHASE III OF THE PROJECT; ALLOCATING FUNDS FOR SAID INCREASE, IN A TOTAL AMOUNT NOT TO EXCEED $292,440, FOR SERVICES AND EXPENSES INCURRED BY THE CITY OF MIAMI, FROM CAPITAL IMPROVEMENTS PROJECT NO. 331418 ENTITLED "BICENTENNIAL PARK IMPROVEMENTS;" AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL WORK ORDER AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED FORM FOR SAID PURPOSE; AMENDING RESOLUTION NO. 03-256 AS AMENDED TO REFLECT SAID INCREASE REQUIRED FOR SAID PROJECT. City of Miami Page 6 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 05-00026-exh ibitl .pdf 05-00026-exhibit2. pdf 05-00026-exh i b it2A. pdf 05-00026-exhibit2 B. pdf 05-00026-exhibit3.pdf 05-00026-exhi bit4. pdf 05-00026-exhibit5. pdf 05-00026-exh ibit6. pdf 05-00026-pre resolutionl.pdf 05-00026-attachment A.pdf 05-00026-pre resolution2.pdf 05-00026-pre resolution3.pdf 05-00026-resoluti on. pdf 05-00026-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0080 CA.3 05-00027 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "RED VELVET ARTS FESTIVAL" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $4,041, FOR THE OPERATION OF SAID FUND, CONSISTING OF A GRANT AWARD FROM THE MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS ("COUNTY") TO PROVIDE SUPPORT TO THE RED VELVET ARTS FESTIVAL TO BE HELD ON FEBRUARY 26, 2005, IN OVERTOWN; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AWARD AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE COUNTY FOR SAID PURPOSE, AND TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF THE GRANT AWARD. 05-00027-exhibitl .pdf 05-00027-exh ibit2. pdf 05-00027-exhibit3. pdf 05-00027-exh i bit4. pdf 05-00027-exhibit5. pdf 05-00027-exh ibit6. pdf 05-00027-exhibit7. pdf 05-00027-exh i bit8. pdf 05-00027-exh ibit9. pdf 05-00027-resolution. pdf 05-00027-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0081 CA.4 05-00028 RESOLUTION City of Miami Page 7 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS( S), AUTHORIZING THE CITY MANAGER TO EXECUTE A BOAT SHOW AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH NMMA BOAT SHOWS, INC. FOR USE OF DOCKAGE SPACE AT MIAMARINA AT BAYSIDE FROM FEBRUARY 13 THROUGH FEBRUARY 24, 2005, FOR PRESENTATION OF THE STRICTLY SAIL VENUE OF THE MIAMI INTERNATIONAL BOAT SHOW, UNDER THE TERMS AND CONDITIONS OF SAID AGREEMENT. 05-00028-exh ibit. pdf 05-00028-resol ution. pdf 05-00028-certificate of liability insurance.pdf 05-00028-nmma. pdf 05-00028-cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0082 CA.5 05-00029 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "LOVE IS IN THE AIR DISABILITIES TALENT SHOWCASE" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $5,388, FOR THE OPERATION OF SAID FUND, CONSISTING OF A GRANT AWARD FROM THE MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS (" COUNTY") TO PROVIDE SUPPORT TO THE 2005 DISABILITIES SHOWCASE TO BE HELD ON FEBRUARY 11, 2005, AT THE MANUEL ARTIME THEATER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AWARD AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE COUNTY FOR SAID PURPOSE, AND TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF THE GRANT AWARD. 05-00029-exhibitl .pdf 05-00029-exh ibit2. pdf 05-00029-exh ibit3. pdf 05-00029-exhibit4. pdf 05-00029-ex h i b it5. pd f 05-00029-exhibit6. pdf 05-00029-exhibit7. pdf 05-00029-resolution.pdf 05-00029-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0083 CA.6 05-00030 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City of Miami Page 8 Printed on 3/30i2005 City Commission Verbatim Minutes February 10, 2005 ATTACHMENT(S), AMENDING RESOLUTION NO. 03-1024, ADOPTED SEPTEMBER 25,.2003, THAT AWARDED A BID TO CONDO ELECTRIC MOTOR REPAIR, INC., FOR THE PROJECT ENTITLED "CITYWIDE STORMWATER PUMP STATION MAINTENANCE CONTRACT, B-56960" BY AMENDING SAID RESOLUTION TO REFLECT THE CORRECT JOB NUMBER, TO INCLUDE THE RENEWAL TERMS OF THE CONTRACT, AND TO INCLUDE THE WORD "ANNUAL" IN THE CONTRACT AMOUNT, THE CITY EXPENSES AMOUNT, AND THE TOTAL PROJECT AMOUNT, AS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 0 5-00 030-exhibitl . pd f 05-00030-exhibitl A. pdf 05-00030-exhibitl B.pdf 05-00030-resolution.pdf 05-00030-contract.pdf 05-00030-tabulation of bids.pdf 05-00030-fact sheet.pdf 05-00030-pre resolution.pdf 05-00030-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0084 CA.7 05-00031 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING RESOLUTION NO. 04-0003, ADOPTED JANUARY 8, 2004 WHICH AWARDED A BID TO SOUTH FLORIDA MAINTENANCE SERVICES, INC., FOR THE PROJECT ENTITLED "BRICKELL AVENUE MEDIANS LANDSCAPE MAINTENANCE CONTRACT, B-60495" BY AMENDING SAID RESOLUTION TO REFLECT THE CORRECT JOB NUMBER, TO INCLUDE THE RENEWAL TERMS OF THE CONTRACT, AND TO INCLUDE THE WORD "ANNUAL" IN THE CONTRACT AMOUNT, THE CITY EXPENSES AMOUNT, AND THE TOTAL PROJECT AMOUNT, AS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-00031-exhibitl .pdf 05-00031-exhibitl A.pdf 05-00031-exhibitl B. pdf 05-00031-resolution. pdf 05-00031-summary form.pdf 05-00031-pre resolution.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0085 City of Miami Page 9 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 CA.8 05-00032 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH ACCURINT (SEISINT, INC.),TO PROVIDE ON-LINE SERVICE FOR PUBLIC RECORDS RESEARCH, FOR THE DEPARTMENT OF POLICE, PURSUANT TO RESOLUTION NO. 04-0549, ADOPTED SEPTEMBER 9, 2004, FOR AN INITIAL ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $50,000; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270 FOR THE CURRENT FISCAL YEAR, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. 05-00032-exhibitl .pdf 05-00032-exh i bitl A. pdf 05-00032-exhibitl B.pdf 05-000 32-exhibitl . pd f 05-00032-resolution.pdf 05-00032-pre resolution2.pdf 05-00032-pre resolution.pdf 05-00032-budgetary impact.pdf 05-00032-summary form.pdf 05-00032-Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0086 CA.9 05-00033 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 04-0002, ADOPTED JANUARY 8, 2004 WHICH AWARDED A BID TO FLORIDA LAWN SERVICE, INC., FOR THE PROJECT ENTITLED "US-1 MEDIANS LANDSCAPE MAINTENANCE CONTRACT, B-60489" BY AMENDING SAID RESOLUTION TO REFLECT THE CORRECT JOB NUMBER, TO INCLUDE THE RENEWAL TERMS OF THE CONTRACT, AND TO INCLUDE THE WORD "ANNUAL" IN THE CONTRACT AMOUNT, THE CITY EXPENSES AMOUNT, AND THE TOTAL PROJECT AMOUNT, AS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-00033-exhibitl .pdf 05-00033-exhibitl A. pdf 05-00033-exhibitl B.pdf 05-00033-pre resolution.pdf 05-00033-resolution.pdf 05-00033-summary form.pdf This Matter was ADOPTED on the Consent Agenda. City of Miami Page 10 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0087 CA.10 05-00034 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE TWENTY-THIRD AMENDMENT TO THE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN TINA HILLS AND THE CITY OF MIAMI REGARDING THE CONSTRUCTION OF SEVEN PLAY SCULPTURES IN BAYFRONT PARK; EXTENDING THE PRIOR AGREEMENT UNTIL DECEMBER 31, 2005, SUBJECT TO ALL OTHER TERMS AND CONDITIONS SET FORTH IN SAID AGREEMENT. 05-00034-exhibit.pdf 05-00034-resolution.pdf 05-00034-pre resolution.pdf 05-00034-extention agreement.pdf 05-00034-d iag ram s. pdf 05-00034-cover memo.pdf 05-00034-attachme nt3. pdf 05-00034-attachme nt2. pdf 05-00034-attachm ent l .pdf 05-00034-ag reement. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0088 CA.11 05-00035 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY KIMBERLY DUFF, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD BEATTY, DECEASED, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $400,000 (FOUR HUNDRED THOUSAND DOLLARS) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF KIMBERLY DUFF, ETC., ET. AL. V. CITY OF MIAMI, ETC., ET AL., CASE NO. 02 -23643 CIV-COOKE, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS ON A FORM ACCEPTABLE TO THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 05-00035-cover memo.pdf 05-00035-budget impact.pdf 05-00035-resolution. pdf DEFERRED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was City of Miami Page II Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 passed unanimously, to defer item CA.11 to the next Commission Meeting. CA.12 05-00036 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY LENORA SHAW AND JAMES SHAW, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $60,000 (SIXTY THOUSAND DOLLARS) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF LENORA SHAW AND JAMES SHAW VS. CITY OF MIAMI AND MIAMI-DADE COUNTY, IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 01-22234 CA 25, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS, ON A FORM ACCEPTABLE TO THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651. 05-00036-cover memo.pdf 05-00036-budget impact.pdf 05-00036-resoluti o n. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0089 CA.13 04-01445 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE SUM OF $220,000 TO THE LAW OFFICE OF MANUEL CASABIELLE, P.A., IN FULL SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, FOR ATTORNEYS' FEES AND COSTS INCURRED FOR THE REPRESENTATION OF POLICE OFFICER RALPH FUENTES, IN THE CASE OF THE UNITED STATES VS. ACUNA, ET AL. IN THE UNITED STATES DISTRICT COURT, CASE NO. 01-208-CR-GOLD; ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 04-01445-cover memo.pdf 04-01445-budget.pdf 04-01445-resolution.pdf DEFERRED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to defer item CA.13 to the next Commission Meeting. CA.14 05-00056 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND City ofMiami Page 12 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 CENTENNIAL INTERIORS CORPORATION ("LESSOR"), FOR THE CITY'S USE OF APPROXIMATELY 5,000 SQUARE FEET OF OFFICE SPACE WITHIN THE PROPERTY LOCATED AT 1400 NORTHWEST 36TH STREET, MIAMI, FLORIDA, COMMENCING ON THE DATE LESSOR DELIVERS POSSESSION OF THE PREMISES WITH AN INITIAL MONTHLY RENT OF $3 ,383.25; ADJUSTING THE MONTHLY RENT TO $5,358.33, EFFECTIVE OCTOBER 1, 2005 UNTIL DECEMBER 31, 2007, WITH THE OPTION TO RENEW THE AGREEMENT FOR TWO (2) FIVE- YEAR PERIODS, AND A MONTHLY RENTAL ADJUSTMENT BY ANY INCREASE IN THE CONSUMER PRICE INDEX NOT TO EXCEED THREE (3) PERCENT AT THE BEGINNING OF EACH FIVE-YEAR OPTION PERIOD, WITH OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE AMENDMENTS FOR NON -SUBSTANTIVE MODIFICATIONS TO SAID AGREEMENT AS NECESSARY. 05-00056-exh i bitl .pdf 05-00056-exh ibitl A. pdf 05-00056-exhibitl B.pdf 05-00056-resol ution. pdf 05-00056-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0090 CA.15 05-00108 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY KEITH MILLS AND DEVON WOODS, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $36,000 EACH, FOR A TOTAL OF $72,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF KEITH MILLS, ET AL. VS. CITY OF MIAMI, ET AL., IN THE UNITED STATES DISTRICT COURT, CASE NO. 03-20746-CIV-HOEVELER, UPON EXECUTING A GENERAL RELEASE AND DISMISSAL OF THE CITY OF MIAMI, AND ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS, ON A FORM ACCEPTABLE TO THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 05-00108-cover memo.pdf 05-00108-budget.pdf 05-00108-reso l ution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0091 Adopted the Consent Agenda City of Miami Page 13 Printed on 3/30'2005 City Commission Verbatim Minutes February 10, 2005 Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen END OF CONSENT AGENDA Chairman Sanchez: And we move into the consent agenda. We should have a very light agenda today. 1 believe there's maybe one or two items that may have a lot of public input, so we'll go ahead -- are there any items that wish to be pulled from the consent agenda? Any of the Commissioners wishing to pull one or pull for discussion, or defer at this time? None from the Commission? We'11 go to the City Attorney. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes, Mr. Chairman. I would like to pull consent item number 11 and bring it back to you at the next agenda, and also consent item number 13. Chairman Sanchez: OK. Those automatically roll over into the next Commission meeting. I'm sorry. It was CA.13, and which was the other one? Mr. Fernandez: CA.11 and CA.13. Vice Chairman Gonzalez: What are we doing with that? Chairman Sanchez: OK. Mr. Fernandez: The reason we're doing that in CA.11, this item I need to personally meet with the Chief of Police and discuss and explain to his satisfaction the reasons why I am strongly recommending settlement of this case, I have not had an opportunity to vet this out with him, and in deference to him, 1 certainly would want to do that. Vice Chairman Gonzalez: So what are we doing, deferring? Mr. Fernandez: CA.11. Vice Chairman Gonzalez. We're going to defer -- Mr. Fernandez: Defer. Vice Chairman Gonzalez: -- 11 and 13? Mr. Fernandez: Yes. Vice Chairman Gonzalez: Move -- Chairman Sanchez: Mr. City Manager. Joe Arriola (City Manager): Nothing, sir. Chairman Sanchez: OK. At this time, we have on the consent agenda two items that are being deferred to the next Commission meeting. For the record, it is CA.11 and CA.13. Vice Chairman Gonzalez: Move to defer CA.11 and -- Commissioner Winton: Second. City of Miami Page 14 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Vice Chairman Gonzalez: -- CA. 13. Chairman Sanchez: There is a motion by the Vice Chairman to defer CA. I1 and CA.13 to the next Commission meeting. There's a second by Commissioner Winton. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay," so those -- it was approved unanimously, and we go to the consent agenda. Vice Chairman Gonzalez: Mr. Chairman, 1 move to -- the balance of the consent agenda. Chairman Sanchez: There's a motion by -- Commissioner Winton: Second. Chairman Sanchez: -- Vice Chairman Gonzalez to approve the balance of the CA (Consent Agenda) agenda, second by Commissioner Winton. It is open for a discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. City of Miami Page 15 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 05-00084 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ALLOCATION OF FUNDS IN THE AMOUNT NOT TO EXCEED $2,400, FOR THE REFURBISHING OF THE "MANNY MOBILE," TO BE USED AT VARIOUS TAX PREPARATION EVENTS THROUGHOUT THE CITY OF MIAMI FOR THE 2005 TAX SEASON; ALLOCATING SAID FUNDS FROM THE MAYOR'S POVERTY INITIATIVE ACCOUNT NO. 119005.250103.6. 05-00084-resolution.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Absent: 2 - Commissioner Winton and Allen R-05-0092 Chairman Sanchez: OK. We move on to RE (Resolution), which is M.I. I believe that's the Mayor Mobile. What is that? Vice Chairman Gonzalez: RE. Commissioner Regalado: I'll move that one. Chairman Sanchez: OK, what is that? Vice Chairman Gonzalez: Second. Chairman Sanchez: Could you just put something on the record as -- Brian Clarke: Sure. Brian Clarke, Mayor's Office. This is simply asking for $2,400 to be transferred to refurbishing the Manny Mobile for different events, tax credit events that will be happening within the City. Chairman Sanchez: Tax credit. Mr. Clarke: Yeah. Chairman Sanchez: OK. There's a motion by Commissioner Regalado. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City of Miami Page 16 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON DISTRICT 3 CHAIRMAN JOE SANCHEZ D3.1 05-00109 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A DONATION OF A SMALL MONUMENT, IN THE FORM OF A MAP, OF THE MUNICIPALITY OF PLACETAS, CUBA, FROM THE MUNICIPIO DE PLACETAS EN EL EXILIO ("MUNICIPIO"), FOR PLACEMENT IN JOSE MARTI PARK, MIAMI, FLORIDA ("PROJECT"); DIRECTING THE CITY MANAGER TO COORDINATE CITY OF MIAMI RESOURCES WITH MUNICIPIO FOR THE COMPLETION OF SAID PROJECT. 05-00109-resolution.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Absent: 2 - Commissioner Winton and Allen R-05-0093 Chairman Sanchez: We go to DI. Vice Chairman Gonzalez, do you have anything? Vice Chairman Gonzalez.: No, sir. Chairman Sanchez: OK, we go to D2. I believe that Commissioner Winton has something on his blue pages. If not -- Commissioner Regalado: No. Chairman Sanchez: He's got nothing. OK, we'll go to -- I believe I have one item -- Commissioner Regalado: I'll move -- Chairman Sanchez: -- and it's a pretty simple -- Commissioner Regalado: -- Chairman Sanchez item, a resolution of the Miami City Commission accepting a donation of a small monument in the form of a map of the municipality of Placetas, Cuba, from the Municipio de Placetas en el Exilio for placement in Jose Marti Park, Miami, Florida; directing the City Manager to coordinate City of Miami resources with Municipio for the completion of said project. I'll move so. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion by Commissioner Regalado, second by Vice Chairman City of Miami Page 17 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Gonzalez. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 05-00114 DISCUSSION ITEM DISCUSSION ABOUT IMPLEMENTING AN INFORMATION CAMPAIGN FOR CITY RESIDENTS REGARDING THE SPECIAL ELECTION ON MARCH 8, 2005. 05-00114-cover memo.pdf This matter was DISCUSSED. Direction to the City Manager by Commissioner Regalado to implement an information campaign for City residents including the use of Miami Television cable channel 9, regarding the upcoming March 8, 2005 City of Miami election straw ballot question "Shall the voters of Miami -Dade County elect the Tax Assessor instead of the County Manager of Miami -Dade County appointing the Tax Assessor?" and further to place three signs in Spanish, English and Creole, in front of each of the early voting precincts in the City of Miami (50 feet from the entrance at City Hall, Stephen P. Clark County Hall, and Lemon City Library), informing voters of the straw ballot question. Chairman Sanchez: We'll move on to the next item on the agenda. The item on the agenda -- Commissioner Regalado, do you have another item on your blue pages? Commissioner Regalado: Yes, Mr. Chairman. D4.1 is the information campaign for City residents regarding the special election of March 8, 2005. As you know, the City not only has the question of the gambling machine, but also a straw ballot question, a nonbinding question, and I was hoping to get some information out to the public. I have not seen anything yet on channel 9, and I was hoping that we get out some information regarding, especially the straw ballot question about the tax assessor/tax collector of the city -- of Miami -Dade County; whether the residents and voters of the City of Miami would want the tax assessor/tax collector elected, as we have in 66 counties in the State of Florida, or appointed, as we have now in Miami -Dade County. The City of Hialeah tried to place it in the ballot, too, but they were late in doing this. Yesterday, Miami -Dade County Mayor Carlos Alvarez told me that he will support a referendum of this sort in the fall elections, special elections in the fall, and he will be looking very carefully at the results of the straw ballot question in the City of Miami, so my question to the Administration is, how are we going to -- first of all, we're going to have a early voting precinct in Miami City Hall. We need to have a sign outside, 50 feet away, which is right outside of the polling place, informing Miami voters, not only of the question countywide, but also of the referendum straw ballot question, and also some information on Net-9, so Mr. Manager, you think that's possible, sir? Joe Arriola (City Manager): Absolutely. I'll talk to Kelly today, make sure that we start a campaign on channel 9, and whatever else you want to suggest, I'll be delighted to listen to it. You think it'd be good, and we'll do it. Commissioner Regalado: I think, if we can place -- Mr. Arriola: If you give me some ideas -- just have your staff give me an outline of what you City of Miami Page 18 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 D4.2 05-00115 would like to happen, and we'll have it happen. Commissioner Regalado: 1 think, if we can place three signs explaining, in the three languages, the straw ballot question of the City of Miami in the three polling places within the City of Miami, which are City Hall, County Hall, in the City of Miami, and of course, the -- in Liberty City, the Caleb -- Priscilla A. Thompson (City Clerk): Lemon City Library. Commissioner Regalado: -- Center. Ms. Thompson: The Lemon City Library. Commissioner Regalado: The Lemon City Library, and we have three early precincts that we can use those signs over there before the voting starts on the 21 st. Ms. Thompson: That's correct. Chairman Sanchez: All right. Commissioner Regalado: Thank you. Chairman Sanchez: All right. Mr. Arriola: I'll take care of it right away. Commissioner Regalado: Thank you. DISCUSSION ITEM DISCUSSION ABOUT BENEFITS THAT THE CITY OF MIAMI WILL RECEIVE IF THE COUNTYWIDE BALLOT REFERENDUM REGARDING SLOT MACHINES IS APPROVED BY THE ELECTORATE. 05-00115-cover memo.pdf DISCUSSED Chairman Sanchez: We move -- Commissioner Regalado: D4.2, Mr. Chairman, is a follow-up discussion that we had in the past meeting regarding the special election to be held on March 8, 2005, in Miami -Dade County, and also in Broward County. This special election will present the voters with an alternative, yes or no, would the voters accept gambling machines in several facilities in Miami -Dade County, two of them in the City of Miami of the three in Miami -Dade County, and what would the City of Miami will be getting out of this if this should be approved. Mr. Ron Book, whom I served with in the Homeless Trust, I was able to speak to him several times, and he had mentioned that he had held talks with the City Manager regarding the benefits that the City of Miami will receive. I understand that they already have some kind of a deal with Miami -Dade County, and also some tentative agreement between the City Manager and Mr. Book, that represents the gambling industry whether this is in the form of permits or services, or that. The explanation that Mr. Book gave me was a very detailed one, and 1 would hope that, eventually, we will get the details. The thing is that we need to understand what benefits will the City of Miami receive and offer to precisely the Chairman and the Vice Chairman, who form this task force, the alternative of proposing of using some of these revenues to offset the cuts that we will get from the federal government because even if we have -- if we are successful in not getting all what is proposed in terms of cuts, we will get some cuts and we need to come up with ideas because that is the commitment that you, Mr. Chairman, and the Vice Chairman have made when accepting the City of Miami Page 19 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 challenge of the Mayor to head this task force, so my question -- and mind you, I'm just one City Commissioner. I have some exposure in terms of media access because I work in the media. My thoughts regarding this March 8 special election are directly, directly connected to the money that we could use as a benefit to the elderly and the social programs in the City of Miami. I will be very hesitant to even recommend a vote yes in this election if we don't have at least the hope of having some of this money to fulfill that promise that you two, as chairmen of this task force, have made in behalf of the City Commission to the residents of Miami; that regardless of what happen in Washington, we will maintain the services, so that is what I wanted to say. I don't know, Mr. Manager, if you have any idea of the funding that we will be getting out of the -- if this is approved by the voters on March 8. Joe Arriola (City Manager): Obviously, there's more than an idea. I have been working quite a few hours on this thing trying to -- Vice Chairman Gonzalez: Mr. -- Mr. Arriola: Yeah. Vice Chairman Gonzalez: Chairman. Chairman Sanchez: Mr. City Manager, do you yield -- Vice Chairman Gonzalez: Mr. Chairman. Chairman Sanchez: -- to the Commissioner? Mr. Arriola: Pardon me? Vice Chairman Gonzalez: Would you yield? Chairman Sanchez: Commissioner Gonzalez. Mr. Arriola: Oh, I'm sorry. Yes, of course. Vice Chairman Gonzalez: Commissioner Regalado, 1 wouldn't like to go into the details of what the discussion has been with the industry, as far as percentages is concerned of the share of the City because, as you well mentioned, one of -- let's see how I say it. -- of my plans. This industry is one aspect that I'm looking at very strongly to find the resources that we are going to need to provide the services that we have been providing, and that we promised the community that we will maintain, and I wouldn't like to jeopardize this negotiation by talking on, you know -- Commissioner Regalado: But -- excuse me, excuse me. That is precisely what I said. That is precisely what we said in the last Commission meeting. The only thing I know -- and you know more than me, apparently, because you've been informed by the Manager, and rightly so because you're heading this task force. I have not been informed by anybody about these talks -- Vice Chairman Gonzalez: No, I -- Commissioner Regalado: -- by nobody. Vice Chairman Gonzalez: You mean, as far as -- Commissioner Regalado: By nobody. Vice Chairman Gonzalez: -- what the percentage of the City -- City of Miami Page 20 Primed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Regalado: No, no, about anything. I don't -- I have not received any information at all, not from the Manager or the Mayor, or anybody -- Vice Chairman Gonzalez: No, I -- Commissioner Regalado: -- from the City of Miami. Vice Chairman Gonzalez: I -- Commissioner Regalado: I just -- Vice Chairman Gonzalez: Let me tell you, to clear the record, I haven't been informed of any negotiations that's been going on between the Manager and this industry. As a matter offact, I spoke to the Manager yesterday and I told him that I was very disappointed because one of these possible sites is going to be in my district, and it's going to be Miami Jai Alai and -- Commissioner Regalado: And the other in my district. Vice Chairman Gonzalez: -- and the other one in your district, and nobody had -- 1'm not saying from the Manager, but even from the industry, has had the courtesy -- or one of their lobbyists, or one of their representatives, to sit down and tell me, Commissioner, these are the plans. This is what we're planning to build. This is what we're planning to do, so I expressed that to the Manager yesterday, that I felt very disappointed about what's going on with this deal. Commissioner Regalado: No, but 1 am not requesting any details. I am not requesting to reveal any secrets. I'm just saying that the only thing I'm requesting, to fulfill your commitment and Chairman Sanchez -- Chairman Sanchez: As well as yours. Commissioner Regalado: -- as well as mine and Jeffery, and Johnny, to the people of Miami, I'm just saying that here today, at least in principle, we commit some of these resources, whatever the resources are, for the social programs. I'm just saying this because you know what, that would give us the hope to take to the voters of Miami and say, you know, we may have a good thing here in this special election. If we don't have that, if we don't have that hope, might as well stay back and say, well, you know, let's lobby Washington and Tallahassee -- Commissioner Allen: Right. Commissioner Regalado: -- to see what happens, and that is my concern. Commissioner Allen: Right. Commissioner Regalado: I do not want any secrets or details. I just want the hope that this Commission will bring to the providers, and especially the people, that some of these resources will be used for these kind of services, and -- Vice Chairman Gonzalez: You -- Commissioner Regalado: -- that's all I want. Mr. Arriola: Look -- Vice Chairman Gonzalez.: I can assure you that that will be my commitment -- City of Miami Page 21 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Mr. Arriola: The -- Vice Chairman Gonzalez: -- my personal commitment. Mr. Arriola: Mr. Chairman, in answer to you, Commissioner Regalado, the two answers question. First of all, I think that we made a promise here to the people today that they will not be hurt. Commissioner Winton: This year. Mr. Arriola: Well, that's -- Commissioner Regalado: And next year. Mr. Arriola: And next year, and -- Commissioner Regalado: And next year -- Commissioner Winton: We can't control -- Commissioner Regalado: -- and next year. Mr. Arriola: Yeah and -- Commissioner Winton: We can't control next year. Mr. Arriola: Listen -- Commissioner Regalado: Yes, we can. Commissioner Winton: No, you can't. Commissioner Regalado: Yes, you can. Commissioner Winton: No, you can't. Chairman Sanchez: All right, all right. Listen -- Commissioner Winton.: That's the federal money. Mr. Arriola: OK. Chairman Sanchez: Mr. City Attorney and then I'm going to close it up -- Mr. Arriola: Yeah, the -- Chairman Sanchez: -- because I could see this is something that could go on for days. Mr. Arriola: The issue is pay -- let's don't go crazy allocating monies to anything yet. They're not going to get hurt, whether we get it from this or we get it from flying kites; it doesn't matter. They're not going to get hurt, and that's the promise you guys have made, and that's a very honest promise. We're in the midst of very, very, very tough and you know I've been working very late at night here -- City offMiami Page 22 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Allen: Right. Mr. Arriola: -- with these folks, trying to get the very best deal that we can for the City of Miami; trying to work through some very, very touchy -- and Jorge, you can -- Jorge, you can jump in. It's a very touchy legal issues that is facing the City of Miami regarding licenses and things like that. Commissioner Allen: Correct. Mr. Arriola: So the last thing that 1 want to do is make any kind of statement or any kind of a deal that would hurt Jorge in his work, and the type of things that you -- this Commission is doing. Commissioner Allen: Right. Mr. Arriola: So it's not a -- this is not a secret. I mean, the basic numbers have been put out and all that, but the -- there are license issues, and -- Commissioner Allen: Right. Mr. Arriola: -- impact fee issues that only Jorge could bring to the table, and he'll do it with the Commission -- Commissioner Allen: Right. Mr. Arriola: -- and that's all I'm saying. Commissioner Allen: Right. Mr. Arriola: I'm not trying to hide anything. It's just it's very, very -- Commissioner Allen: Right. Mr. Arriola: -- very delicate at this time. Chairman Sanchez: Thank you. Commissioner Allen: And it appears to me, Mr. Chairman, you share the same -- Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: -- concerns as Commissioner Regalado and Gonzalez. We're all on the same page. OK, great, so I guess Mr. City Attorney should weigh in, if you will. Jorge L. Fernandez (City Attorney): Yes. Chairman Sanchez: All right. All right. As the Chair, in proper protocol, I'm going to speak last on this issue, and then we're going to close because we've got to continue with the agenda. Let me just state that I ask my colleagues, and I ask all those that'll be working on this issue that we must all row in the same direction on this issue. It's a very complicated and very sensible issue and a very delicate matter. We will explore all the possibilities, and let me take this opportunity to praise Commissioner Regalado for his initiative as to one of the many possibilities that exist for us to bring in those revenues to supplement the loss from the CDBG funds, but there are legalities to every issue, and we need to navigate that avenue in a very, very, very intelligent manner. The issue that was brought with the machines is very complicated, as we have done City of Miami Page 23 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 research, or 1 have done research. There are certain issues pertaining to those -- to that legislation that we, as a City government, will have to amend our legislation, as well as the State legislation, and those are issues that we're all exploring. We're exploring this and many other issues pertaining to the money. Everything that will be done will have public input and will have -- be brought to this Commission for discussion. We just -- I ask you, as the Chair, on this very sensitive issue -- because every one of us here wants to accomplish the same thing -- Commissioner Allen: Right. Chairman Sanchez: -- that our social services reductions are somehow funded whatever means, as long as it's legal, to protect those social services. That is the commitment that every Commissioner has put on the record here, including the Mayor and including the City Manager, so having said that, please, let's all work together on this issue, and let's get it done. Thank you so much. D4.3 05-00116 DISCUSSION ITEM DISCUSSION ABOUT RENAMING SW 14TH STREET BETWEEN SW 27TH AVENUE AND SW 31ST AVENUE AS TWO HEARTS WAY. 05-00116-cover memo.pdf MOTION A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, to refer to the Miami Street Codesignation Review Committee proposed codesignation of Southwest 14th Street between Southwest 27th and 31st Avenues, as "Two Hearts Way." Chairman Sanchez: Commissioner Regalado, you're recognized for your blue pages. Commissioner Regalado: Thank you, Mr. Chairman. I'll start for the D4.3. It's a discussion about renaming Southwest 14th Street, between Southwest 27th Avenue and Southwest 31st Avenue as "Two Hearts Way." This has been clear by Public Works. This street can be named and the sponsors will pay for everything that has to be, so my motion is to direct this to be sent to the Codesignation Committee. Chairman Sanchez: All right. There's a motion -- Vice Chairman Gonzalez.: Second. Chairman Sanchez: -- by Commissioner Regalado to direct this legislation item to the Codesignation Committee for street naming, second by Vice Chairman Gonzalez. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN PUBLIC HEARINGS PH.1 05-00038 RESOLUTION City of Miami Page 24 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "PARC LOFTS," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN " ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE, AS SET FORTH IN " EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 05-00038-exh ibit l .pdf 05-00038-exh ibit2. pdf 05-00038-exhibit3. pdf 05-00038-exhibit maps.pdf 05-00038-exhibit4. pdf 05-00038-exhibit4A.pdf 05-00038-exhibit4B.pdf 05-00038-exh ibitA. pdf 05-00038-summary form.pdf 05-00038-memo. pdf 05-00038-notice of public hearing.pdf 05-00038-memo2.pdf 05-00038-department notice.pdf 05-00038-legal description.pdf 05-00038-resolution. pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0094 Chairman Sanchez: Moving on to public hearings. PH.1 is a resolution. It is a public hearing. Could you just state your name for the record, and it's a plat. Just state that it's a plat. Stephanie Grindell: Stephanie Grindell, Director of Public Works. This is a resolution accepting the Plat of Parc Lofts. Chairman Sanchez: OK. Is there any opposition on this issue, anyone from the public? It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed at this time. Coming to the Commission for a motion for approval. Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonz alez. The resolution is open for discussion. Hearing no discussion, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City of Miami Page 25 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 PH.2 05-00045 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, TO ENABLE CHARLES C. MAYS TO ENTER INTO AN AGREEMENT TO TRANSACT BUSINESS WITH AND FOR THE CITY AND APPEAR BEFORE THE CITY COMMISSION RELATED TO CIVILIAN INVESTIGATIVE PANEL MATTERS. 05-00045-cover memo.pdf 05-00045-memo.pdf 05-00045-resolution. pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0095 Chairman Sanchez: PH.2 is also a resolution. 1t requires a four -fifths. Mr. City Attorney. Jorge L. Fernandez (City Attorney): When you're ready, it doesn't have to be read, simply roll call has to be had. Chairman Sanchez: All right. Is there a motion? Commissioner Winton: Move it. Chairman Sanchez: This is a waiver of conflict -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- of interest. Commissioner Winton: Move it. Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonz alez. It is open for discussion. Hearing none, it's a resolution. It's also a public hearing, so we open it up for the public. Anyone from the public wishing to address this item, please step forward and be heard. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. There's a motion and a second. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. We go to PH.3, which is a resolution also. This one is -- Mr. Fernandez (City Attorney): Mr. Chairman. Chairman Sanchez: Yes, sir, Mr. City Attorney. Mr. Fernandez: Excuse me. I think that that previous vote, because it's a four fifths, perhaps City of Miami Page 26 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 you would want a roll call. Although it was unanimous, the Clerk should reflect unanimous vote or have a roll call. Chairman Sanchez: Well -- Mr. Fernandez.: Either way you want to do that, that would be fine. Chairman Sanchez: Either way; it could be a roll call or she could basically, on the record, state it was unanimous, correct? Priscilla A. Thompson (City Clerk): Correct. We will list it in our records as a unanimous vote. Mr. Fernandez: OK, excellent. PH.3 05-00046 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH CHARLES C. MAYS FOR THE PROVISION OF LEGAL SERVICES, PURSUANT TO THE COMPENSATION AND TERMS SET FORTH IN SAID AGREEMENT. 05-00046-exhibit 1.pdf 05-00046-exhibitl A. pdf 05-00046-Exhibit 1 B-SUB.pdf 05-00046-cover memo.pdf 05-00046-memo.pdf 05-00046-resolution. pdf Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Allen Noes: 2 - Commissioner Gonzalez and Sanchez R-05-0096 Jorge L. Fernandez (City Attorney): PH.3, Mr. Chairman, is a companion item, and while this is not a public hearing, per se, it's just a regular contract, it would -- because they're a companion and they're traveling together, it was placed under public hearing -- Chairman Sanchez: Yeah, but -- Mr. Fernandez: -- but you need not open this item up to a public hearing. It simply requires a vote of this Commission, and just to briefly present the item to you, this is the Civilian Investigative Panel has retained the services of Mr. Mays to be their chief legal counsel. The Civilian Investigative Panel is dependent on this City -- on this Commission for its power to contract and the like. They have been allocated a budget by this Commission in the last budget cycle, and they have been directed to conduct certain activities, pursuant to their Charter charge, and they're hiring a general counsel to assist them in following through with your duties is indispensable. I have reviewed the nature of the contract that the CIP (Civilian Investigative Panel) is proposing for your approval, and I recommend it. I know Mr. Mays well. I know he has both the skills and the temperament to be able to do an excellent job for the Civilian Investigative Panel, and this is the contract that would give him a one-year opportunity to serve the Civilian Investigative Panel on behalf of this Commission. Chairman Sanchez: All right. Is there a motion? City of Miami Page 27 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Winton: So move. Commissioner Allen: 1 move the item. Commissioner Winton: Second. Chairman Sanchez: There's a motion by Commissioner Allen, second by Commissioner Winton. It is open -- Vice Chairman Gonzalez: And how much -- Chairman Sanchez: -- for discussion. Vice Chairman Gonzalez: And how much is this going to cost, $214, 000? Commissioner Winton: Total compensation. Mr. Fernandez: The sum total of it, I think there is an attachment that was just distributed to you, and that is the total package annually, as pursuant to the Attachment B that was just distributed to you. In that regard, while the amount may seem large, I can tell you that a gentleman with the level of experience and competence of Mr. Mays, and given the very difficult and diverse tasks that he will be expected to perform, it is not out of kiln in the legal practice for these amounts. It may look high, it may look exorbitant to some, but in the legal community, this amount of money, given the expertise and the skills and tasks that Mr. Mays will be called upon to perform -- Chairman Sanchez: All right. Mr. Fernandez: -- this is, I believe, fair. Chairman Sanchez: Any further discussion? Priscilla A. Thompson (City Clerk): I have a -- Chairman Sanchez: If not -- Madam Clerk, you're recognized. Ms. Thompson: I just want to make sure, for the record, is this resolution a modified resolution? Mr. Fernandez: I'm sorry. I didn't hear that. Ms. Thompson: I'm trying to make sure, because of the attachment that we received, is the resolution, as it was presented to us, modified? Commissioner Allen: No, its -- Mr. Fernandez: Substitute attachment. Commissioner Allen: Right. Mr. Fernandez: That's what it is. Ms. Thompson: Thank you. Chairman Sanchez: All right. City of Miami Page 28 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 10:30 A.M. Mr. Fernandez: And I was also -- again, another issue that has come to my attention. It would be correct for the Commission, at this time, if it's the will of the Commission to approve this item. However, for the record, it needs to be noted that there is an issue pending that still needs to be addressed, which is obtaining insurance, and we're working with the Civilian Investigative Panel and Mr. Mays personally to make sure that that item is addressed. Commissioner Allen: OK, so again -- Chairman Sanchez: OK. Item has been -- Commissioner Allen: Moved. Chairman Sanchez: -- moved and a second. Madam Clerk, roll call on this one. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Gonzalez? Vice Chairman Gonzalez: No. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Commissioner Allen? Commissioner Allen: Aye. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: No. Ms. Thompson: The resolution has been passed, 3/2. Note for the Record: A sign language interpreter was present during Items PH.4 through PH.7, however, the interpreter was not present through the duration of PH.7. PH.4 05-00039 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE REVISED CITY OF MIAMI ("CITY") LOCAL HOUSING ASSISTANCE PLAN ("LHAP"), ATTACHED AND INCORPORATED, FOR THE PERIOD OF JULY 1, 2004 THROUGH JUNE 30, 2007, FOR THE CONTINUED PARTICIPATION OF THE CITY IN THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM; AUTHORIZING THE REPLACEMENT HOME INVESTMENT PARTNERSHIP PROGRAM MAXIMUM AMOUNT AWARD CHANGE FROM AN AMOUNT NOT TO EXCEED$95,000 TO AN AMOUNT NOT TO EXCEED $ 110,000; AUTHORIZING THE CHANGING OF THE TERMS OF SECOND MORTGAGES FOR HOMEBUYERS AND HOMEOWNERS TO BE CONSISTENT WITH THE CURRENT HOUSING POLICIES; AUTHORIZING City of Miami Page 29 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 THE REMOVAL OF SHIP FUNDING FOR THE RENTAL DEVELOPMENT PROGRAM; AUTHORIZING THE USE OF THE MAXIMUM PURCHASE PRICE DETERMINED BY THE FLORIDA HOUSING FINANCE CORPORATION'S BOND PROGRAM CHANGE FROM AN AMOUNT NOT TO EXCEED $173,701 , FOR AN EXISTING HOME AND AN AMOUNT NOT TO EXCEED $199,117, FOR A NEW HOME TO AN AMOUNT NOT TO EXCEED $236,835, FOR BOTH NEW AND EXISTING CONSTRUCTION; AUTHORIZING THE MAXIMUM DOWN PAYMENT AWARD FOR THE FIRST TIME HOMEBUYER PROGRAM CHANGE BASED ON THE NUMBER OF BEDROOMS OR THE AMOUNT NEEDED TO MEET CREDIT UNDERWRITING; AUTHORIZING THE CITY MANAGER TO SUBMIT A MODIFIED LHAP FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S), TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SHIP PROGRAM AND THE LHAP. 05-00039-exh ibit. pdf 05-00039-memo.pdf 05-00039-pre resolution.pdf 05-00039-public notice.pdf 05-00039-resolution.pdf 05-00039-summary form.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0097 Chairman Sanchez: All right. PH.3 is a resolution. Commissioner Allen: PH.4. Vice Chairman Gonzalez.: PH.4. Commissioner Regalado: PH (Public Hearing) -- Chairman Sanchez: Oh, I'm sorry. PH.4. Barbara Gomez -Rodriguez (Director, Community Development): Barbara Rodriguez -- Chairman Sanchez: PH.4 is a resolution. Ms. Gomez -Rodriguez: -- Department of Community Development. PH.4, we're requesting approval to have the City of Miami Housing Plan for fiscal year July 1, 2004 to June 30, 2007, have some modification. One of them being that the replacement home program, to change the maximum amount from 95,000 to 110,000. The second one is that the use of the maximum purchase price would be increased to 236,835 for new and existing construction, and that the maximum down payment First Time Homebuyer Program be changed based on the number of bedroom size. Chairman Sanchez: All right. It's a resolution. It's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Hearing none, seeing none, the public hearing is closed. City of Miami Page 30 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Winton: Move PH.4. Commissioner Regalado: Second. Chairman Sanchez: There's a motion by Commissioner Winton, second by Commissioner Regalado. It is open for discussion. No discussion. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Resolution passes unanimously. PH.5 05-00040 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING, DIRECTING AND CONFIRMING THE REVERSION OF THE PARCELS OF LAND PREVIOUSLY CONVEYED TO BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC., LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO THE CITY OF MIAMI, WITH SAID TERMS AS DESCRIBED HEREIN. 05-00040-exhibitA. pdf 05-00040-resolution. pdf 05-00040-pre resolution9.pdf 05-00040-pre resolution8.pdf 05-00040-pre resolution7.pdf 05-00040-loan committee.pdf 05-00040-pre resolution6.pdf 05-00040-pre resolution5.pdf 05-00040-pre memo.pdf 05-00040-BAME. pdf 05-00040-pre resolution4.pdf 05-00040-pre resolution3.pdf 05-00040-letter.pdf 05-00040-pre resolution2.pdf 05-00040-pre resolution1.pdf 05-00040-summary form.pdf 05-00040-public notice.pdf DEFERRED A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, to defer Item PH.5 to the Commission meeting currently scheduled for February, 24, 2005. Chairman Sanchez: PH.5. Commissioner Allen: PH.5, Mr. Chairman, if I may, this is one that I had spoken with our overworked Madam Rodriguez, and of course, she's been conveyed to the City Manager. We're going to continue this item -- Chairman Sanchez: There's a motion to defer the item to the next -- Commissioner Allen: -- to -- right. Chairman Sanchez: -- the 24th? City of Miami Page 31 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Allen: Well, the 24th or the 10th; what would be advisable? What do you -- Commissioner Winton: What -- Commissioner Allen: Twenty -- well, what -- let's move it to the 24 -- I mean, continue to the 24, time certain. Chairman Sanchez: Well, Mr. City Manager, I think that we have always allowed a Commissioner the respect and opportunity to defer an item at least once to see if he could work things out with the director. You always have to allow that possibility, that avenue to see if things could be resolved. Joe Arriola (City Manager): After ten years, it's very difficult to believe that. Chairman Sanchez: Well, listen, the arguments could be made, but out of respect for Commissioner Allen, 1 believe that he's entitled to defer. If there's a second on the item, we'll defer it. If there's no -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- vote, then well continue. Commissioner Allen: Second. Chairman Sanchez: There's a motion by Commissioner Allen, second by Vice Chairman Gonza lez. It is open for a discussion. Commissioner Winton: But when are we bringing it back? Commissioner Allen: February 24. Commissioner Winton: So it's that -- so -- but it's definitely coming back in February 24? Commissioner Allen: Yeah. Commissioner Winton: Good. Chairman Sanchez: OK. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. The item has been deferred. Commissioner Allen: Good. PH.6 05-00041 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FUNDS, IN THE AMOUNT OF $63,000, FROM MOVERS, INC., FOR THE OPERATING SUPPORT OF LIFEQUEST I AND II AND THE AMOUNT OF $80,500, FROM MOVERS, INC., FOR THE OPERATING SUPPORT OF SUGAR HILL PROPERTIES, FOR A TOTAL AMOUNT OF $143,500; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI LONG TERM RENTAL ASSISTANCE City of Miami Page 32 - Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 PROGRAM. 05-00041-exhibit. pdf 05-00041-memo. pdf 05-00041-resolution.pdf 05-00041-Master report2.pdf 05-00041-pre resolution2.pdf 05-00041-Master report.pdf 05-00041-pre resolution.pdf 05-00041-public notice.pdf 05-00041-summary form.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0098 Chairman Sanchez: PH.6. Barbara Gomez -Rodriguez (Director, Community Development): PH.6, we are requesting a de - obligation of HOPWA (Housing Opportunities for People with AIDS) funds from MOVERS ( Minorities Overcoming the Virus through Education and Spirituality), Incorporated, for $63, 000 , and another 80,500 from MOVERS for their Sugar Hill properties, and be transferred to the City of Miami Long Term Housing Program. Vice Chairman Gonzalez: Move PH.6. Chairman Sanchez: All right. Commissioner Allen: Second. Commissioner Regalado: Second. Chairman Sanchez: Well, before we do that -- Commissioner Allen.: All right. It's a public hearing. Chairman Sanchez: -- for the record, there's a motion by Vice Chairman Gonzalez. There's a second by Commissioner Allen, and of course, this is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed at this time, coming back to the Commission for a discussion. Hearing no discussion on the item. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. PH.7 05-00112 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADOPTING THE 31 ST YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUND POLICIES, ATTACHED AND INCORPORATED, RELATED TO PUBLIC SERVICE, ECONOMIC DEVELOPMENT, HOUSING ACTIVITIES AND THE HOUSING City of Miami Page 33 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FUNDS. 05-00112-summary form.pdf 05-00112-public notice.pdf 05-00112-resolution. pdf 05-00112-exhibitl .pdf 05-00112-exh i b it2. pd f 05-00112-Exhibit3-SU B. pdf 05-00112-Exhibit4-SU B. pdf 05-00112-exhibit5. pdf 05-00112-exhibit6. pdf 05-00112-exhibit7. pdf 05-00112-exhibit8.pdf 05-00112-Submittal 1.pdf 05-00112-Submittal 2.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0099 A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to approve modifications to the public service portion of the 31st Year Community Development Block Grant Program Fund Policies, as discussed during today's Commission meeting. A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to approve modifications to the economic development portion of the 31st Year Community Development Block Grant Program Fund Policies, as discussed during today's Commission meeting. A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Allen absent, to approve modifications to the housing portion of the 31st Year Community Development Block Grant Program Fund Policies, as discussed during today's Commission meeting. A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to approve modifications to the housing opportunities for persons with AIDS portion of the 31st Year Community Development Block Grant Program Fund Policies, as discussed during today's Commission meeting. Chairman Sanchez: PH. 7. Barbara Gomez -Rodriguez (Director, Community Development): PH.7 is basically policies in order for us to get our request for proposal out on the field, and what we're saying basically is for public service dollars, we will be requesting proposal for elderly meals, child care, after school programs, and programs for person with disabilities, and that was basically the request that was made at the public hearings throughout the districts. Chairman Sanchez: OK. Ms. Gomez -Rodriguez: So that one is for public service. Chairman Sanchez: Have all the Commissioners had their public hearings? City of Miami Page 34 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Ms. Gomez -Rodriguez: I have met with all the Commissioners, and they've all had their public hearing. Chairman Sanchez: OK. Commissioner Allen: Correct. Vice Chairman Gonzalez: Move PH.7. Chairman Sanchez: Well, before we make a motion, unless Commissioner Allen, would you like to speak on the item before -- Commissioner Allen: Yeah. Chairman Sanchez: -- we open it up for the public hearing? Commissioner Allen: In fact, I was going to wait -- this is a public hearing, and then 1 can come back to the Commission and -- Chairman Sanchez: Absolutely. Commissioner Allen: -- I'll just make a comment -- Chairman Sanchez: OK. Commissioner Allen: -- at that point. Chairman Sanchez: OK. At this time, this is a public hearing on PH.7. It's a resolution. Ms. Gomez -Rodriguez: Mr. Chairman, since we have different items, like public service, economic development, I believe that Commissioner Allen have expressed that he want some changes to the public service category. Commissioner Allen: One in particular, yes. Ms. Gomez -Rodriguez: So it's not that he's going to change all of the -- Chairman Sanchez: That's perfectly fine, but I think we should open up and listen to the public - Ms. Gomez -Rodriguez: OK. Chairman Sanchez: -- and then we'll bring it back. Ms. Gomez -Rodriguez: You want me to explain all of them, and then have them open or do you want to go by areas? Chairman Sanchez: What would be -- let's keep it simple. What would you recommend? Ms. Gomez -Rodriguez: I would recommend that if he's going to change something in the public service that, you know, we deal by public service, economic, and housing because -- Chairman Sanchez: OK. Would you like to start -- City ofMiami Page 35 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Ms. Gomez -Rodriguez: -- there's three component. Chairman Sanchez: -- would you like to start with social services? Ms. Gomez -Rodriguez: Yes. Chairman Sanchez: OK, let's start with social services. OK, Commissioner Allen. Commissioner Allen: OK. My issue of concern is with respect to public services, and I think it's in the area of after school and school recess days, but particularly with respect to the proposed requirements. If you will, this will be page 2, letter F, and it states here, "The agency must operate the program at a City of Miami Park." I would offer that we should amend that to allow for some level of flexibility, if you will, and we've discussed that with Madam Rodriguez. Chairman Sanchez: What -- Commissioner Winton: What's the flexibility? Chairman Sanchez: How do you define "level of flexibility, " as to what? Commissioner Allen: Well, you -- Ms. Gomez -Rodriguez: I think that the concern that the -- Commissioner Allen: -- want to expound on it? Ms. Gomez -Rodriguez: -- Commissioner had -- Commissioner Allen: Right. Ms. Gomez -Rodriguez: -- was that there are some after school programs that are coming from his district that are not in a park -- Commissioner Allen: Necessarily. Chairman Sanchez: Oh, OK. Commissioner Allen: Right. Ms. Gomez -Rodriguez: -- that he wants them to have the flexibility to apply. Chairman Sanchez: OK. Ms. Gomez -Rodriguez: So we don't have a problem with that. Commissioner Allen: Yeah. Commissioner Winton: OK. Commissioner Allen: It's -- I'm sorry. Chairman Sanchez: All right, so you're -- Commissioner Allen -- Commissioner Allen: Its pretty innocuous, yeah. City of Miamt Page 36 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Chairman Sanchez: -- for a point of clarification, you are amending or -- Commissioner Allen: Yeah, amending -- Chairman Sanchez: Amending the language on the -- Commissioner Allen: Right, with respect to the proposed -- Ms. Gomez -Rodriguez: Right. Commissioner Allen: -- language -- Chairman Sanchez: OK. Commissioner Allen: -- as it relates to public service, after school and school recess days' care. Ms. Gomez -Rodriguez: Right. Chairman Sanchez: So noted. Is that -- is there anything else? Ms. Gomez -Rodriguez: That's the only change that I got -- Chairman Sanchez: On social services. Ms. Gomez -Rodriguez: -- from him, on social program. Chairman Sanchez: OK. Commissioner Allen: Right. Chairman Sanchez: Any other questions or amendments that any of the Commissioners would like to make? If not, we'll open it up to the public hearing. Anyone from the public wishing to address the portion of social services, which I think everyone here is on that issue -- Ms. Gomez -Rodriguez: Right. Chairman Sanchez: -- please step forward and be recognized. Seeing none, hearing none -- yes. OK. You got to move quick. Helena del Monte: Helena del Monte, executive director of the Association for the Development of the Exceptional, serving persons with developmental disabilities in the City of Miami for 30 years. Again, I want to thank this Commission for allowing and for even -- if there's any district that is not allowing RFPs (Requests for Proposals) for services to the developmentally delayed, to please open your hearts to this population. It is a population that needs assistance from the time they are born to the time that they die. It is a condition. Thank you so much. Chairman Sanchez: Thank you. Good morning, ma'am. State your name -- Nilsa Velazquez: Good morning. Chairman Sanchez: -- for the record. Ms. Velazquez: My name is Nilsa Velazquez. I'm the president and CEO (Chief Executive Officer) of Kidco Child Care. We're in the Wynwood community. We've been serving the kids for -- and the community -- 29 years. This -- what is happening is very devastating for many, City ofMiami Page 37 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 and we need to provide those services in order for the parents to better themselves to work and to study, and to make a better life. We need your assistance. We need to give our services to you in order to attract more funds for the communities. Thank you. Chairman Sanchez: Thank you so much. Commissioner Allen: Thank you. Chairman Sanchez: Ma'am, welcome to City Hall. State your name for the record. Good morning. Ada Cuevas: Good morning. My name is Ada Cuevas. I work for the Allapattah Community Action. Priscilla A. Thompson (City Clerk): I'm sorry, I didn't hear that. Can you come closer to the mic for us? Thank you. Ms. Cuevas: Ana Cuevas is my name. I'm a concerned teacher -administrator. I read in the Herald that there are going to be many cuts in the community, and that the Bush Administration has proposed deep cut in funding for social service and economical development up to 50 percent. Additionally, I've also read that they will wipe out programs which assist the elderlies and child care. This has made me think, hmm, with all the crime that are out there, we are able to spend "X" amount of money in jails and not invest in the same amount or less amount in child care service. The elderly are the most fragiles [sic] and we are -- we dare give up. We dare -- excuse me. The elderly are the most fragiles [sic], and we dare give up on them. My assumptions are that we came from the nothing and don't need them. Let's throw them all -- all the elderlies in the grave anyway; they're worthless to us, and let's the children from age one and a half to five be left among the homeless, where their siblings, if they're lucky -- if they're lucky with siblings, and -- well, my reason for being here is on behalf of child care and elderly. Please think about the funding for them. Keep in mind, we all want what's best for all of us. Chairman Sanchez: Thank you so much, ma'am. Ms. Cuevas: Thank you. Chairman Sanchez: Thank you. At this time, the public hearing is closed, coming back to the Commission. Is there a motion on PH.7, which is a resolution? Commissioner Winton: So moved. Chairman Sanchez: There's -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- a motion by Commissioner -- Commissioner Regalado: Second. Chairman Sanchez: -- Winton, second by Vice Chairman Gonzalez. It is open for discussion. Hearing none -- I'm sorry? Ms. Thompson: I'm sorry, Chair. Before you vote, I wanted to make sure, does the -- does this represent now a modification to the resolution because of the changes made? If so, can you kindly state it on the record for us? City of Miami Page 38 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Chairman Sanchez: As amended, and this only deals with the social service portion of this public hearing. Ms. Gomez -Rodriguez: Right. Chairman Sanchez: There's a motion and a second. The discussion -- no further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." OK, the social service portion passes unanimously. What is the next -- Ms. Gomez -Rodriguez: The next one I have available here that we're requesting approval will be economic development. Chairman Sanchez: Economic development. Ms. Gomez -Rodriguez: Economic development, we are still going to be requesting proposal for the Commercial Facade Program, for the Commercial Code Compliance Program, for technical assistance to for profit business, and we are including a commercial loan program for for profit businesses, with a minimum of $15,000 and a maximum of $75,000. Chairman Sanchez: Any discussion on economic development from the Commission? Hearing none, we'll go to the public hearing. Anyone from the public wishing to address this Commission on the economic development portion of this public hearing? Hearing none, seeing none, the public hearing is closed, coming back to the Commission. We need a motion. Commissioner Winton: Move it. Vice Chairman Gonzalez: Move -- Chairman Sanchez: There's a motion by Vice Chairman Gonzalez, second by Commissioner Winton. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. We move on to the housing. Ms. Gomez -Rodriguez: For the housing, we're requesting a couple of things. One is, we're going to do multifamily new construction rental, and there we are increasing the affordability period from 20 years to 30 years, and I do need to make a correction to the multifamily new construction policy, and the change is that the construction loan will be converted to a permanent mortgage on the property once the project is completed, and it will stay there for the 30 years that the affordability, and the payments will be based according to the project's cash flow. Commissioner Winton: Wow. Ms. Gomez -Rodriguez: Up to now, we have not been collecting payments. It's been a grant at the end. Now we're saying, if there is cash flow, we want to get paid, so that's the change that I do want to make to the one that you have in front of you. Chairman Sanchez: All right, so those are -- City of Miami Page 39 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Allen: Great. Chairman Sanchez: -- amendments that are being made? Any other amendments made by either the director or any of the Commissioners that would like to be presented? Ms. Gomez -Rodriguez: The other one, we are changing on the multifamily new construction homeownership the affordability, again from 20 to 30 years, so that's a change. On the single- family rehab, we're going from 30,000 to 35,000, and we're changing the affordability from 10 years to 15 years, and that's about it. Chairman Sanchez: All right. Ms. Gomez -Rodriguez: The maximum sales price, as you have changed already, will be going up from 199,117 to $236,000. Chairman Sanchez: All right. Madam Clerk, the resolution has been amended, so stated on the record. We'll open up for the public hearing. Anyone from the public wishing to address this Commission on the housing? Sir, welcome to City Hall. State your name for the record. Good morning. Harris Millman: Good morning. My name is Harris Millman. I'm the executive director of Haven Economic. We provide affordable housing within the City of Miami and Dade County. I wanted to thank the Commission and Ms. Rodriguez for her assistance. We provided in Dade County last year 44 homes. We do substantial rehab. The average price of our home was 127, 000. We know that the average price is 300, 000, and obviously, with the City's funding, we are now currently building five homes -- new homes within the City, and those homes are going -- we received the land from the County. Those homes are going for approximately 148,000. Commissioner Winton: How much? Mr. Millman: However -- 148,000. Commissioner Allen: Thousand. Mr. Millman: However -- and those are three bedrooms, two baths, 1,400 square foot homes -- Commissioner Allen: It's 14 -- I see. Mr. Millman: -- solid concrete, with substantial insulation. However, because of the City funding of up to 80 -- 77,000, the County funding of $30, 000, and MMAP (Metro -Miami Action Plan) funding from the County of 5,000, a very low income -- very, very low income person could obtain a $30, 000 first mortgage from Bank Atlantic or Citibank, and afford that house. Commissioner Allen: Right. Mr. Millman: We want to thank you, and we hope you continue to fund. We also do substantial rehab from homes we obtain from HUD (Housing and Urban Development). We're a HUD - approved partner, and we're also a HUD counseling agent. Thank you very much. Chairman Sanchez: Thank you so -- Commissioner Allen: Yeah. Mr. Chairman Vice Chairman Gonzalez: Excuse me. Excuse me. City of Miami Page 40 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Allen: Ms. Norton, before you leave. Chairman Sanchez: Yes, Commissioner Allen. Commissioner Allen: Yeah, just a quick question, Commissioner Gonzalez. Ms. Norton, Harry. Commissioner Winton: Excuse me. Commissioner Allen: Just one quick question. Mr. Millman: Yes, sir. Commissioner Allen: I'm impressed with your average cost. You said 127 and 148 currently now, right? Chairman Sanchez: That's -- Commissioner Allen: So, on average -- Mr. Millman: Plus, on new housing, it's 148,000 -- Commissioner Allen: Right. Mr. Millman: -- on land that we obtained -- Commissioner Allen: And you could -- Mr. Millman: -- from the County or the City. Commissioner Allen: You can do this, right, so your square foot cost, give or take, is? Mr. Millman: About $100. Commissioner Allen: OK, good. That's what I want to make sure. Mr. Millman: That's including the -- if we get the impact fees back, and that would -- actually, if we get the impact fees, we could bring that down. Commissioner Allen: Right. Mr. Millman: We would also -- we have not been able to get land from the County -- from the City. Commissioner Allen: Right. Mr. Millman: We'd like to be able to get land from the City. Commissioner Allen: Right. Mr. Millman: And -- Commissioner Allen: So it's doable at that average square foot cost, what you're doing? Mr. Millman: If you're a non-profit -- City of Miami Page 31 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Allen: In the industry. Mr. Millman: -- and you're getting -- Commissioner Allen: Right, exactly. Mr. Millman: -- subsidies back. Commissioner Allen: Just want to make sure. Mr. Millman: Yes, sir. Commissioner Allen: Right, good. Vice Chairman Gonzalez: I have a question -- Chairman Sanchez: Yes. Vice Chairman Gonzalez: -- sir. Mr. Millman: Oh, I'm sorry. Vice Chairman Gonzalez: Where -- Chairman Sanchez: Commissioner Gonzalez, you're recognized. Vice Chairman Gonzalez: Where are these houses being built? Mr. Millman: They're being -- Vice Chairman Gonzalez: In the City of Miami, but where? Mr. Millman: On Northwest -- I don't have the full list, but they're Northwest 4th Court and 67th Street. We have two -- actually, two homes there. We obtained this land from the County. We're on Northwest 43rd Street and 4th Avenue. They basically -- it's where the County gives us the free land. Vice Chairman Gonzalez: OK. Mr. Millman: It's in Allapattah, Model City, Little Haiti. Those are the general areas. We have done substantial -- Vice Chairman Gonzalez: Not in Allapattah; Model City. Mr. Millman: Well -- no, we also do rehab in Allapattah. Ms. Gomez -Rodriguez: Yeah. Mr. Millman: We do a lot of rehab in Allapattah. Vice Chairman Gonzalez: You have done rehab in Allapattah? Mr. Millman: Yes, we have, sir. City of Miami Page 42 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Vice Chairman Gonzalez: Where in Allapattah? Mr. Millman: I could give you a list of all the homes. We've done 248 homes in the last four years in Dade and Broward, so I'll be happy to supply you a list, and also -- Ms. Gomez -Rodriguez: They got some from US HUD (United States Department of Housing and Urban Development). Vice Chairman Gonzalez: I need to get a list of that. Ms. Gomez -Rodriguez: OK. Chairman Sanchez: All right. Vice Chairman Gonzalez: Thank you. Chairman Sanchez: Thank you so much, sir. Mariano, you're always -- Mariano Cruz: No, no. I -- but this is a different matter. Chairman Sanchez: Mr. Cruz, you're always welcome here at City Hall, sir. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street, and 1 want to ask you, because I asked the question the other day at the meeting, but I never get an answer. Maybe now she can answer me. Chairman Sanchez: You want to know where you could buy -- Mr. Cruz: Is (UNINTELLIGIBLE) the qualifications for the affordable housing --1 mean, the levels of income and the (UNINTELLIGIBLE) had been revised lately or -- Ms. Gomez -Rodriguez: The income -- Mr. Cruz: -- we still have the guidelines 10 years that are not realistic, because people tell me either we don't qualify of the income or the prices of the houses are too high. Vice Chairman Gonzalez: Mariano? Mr. Cruz: I mean, it's a lot of problem for people that -- Ms. Gomez -Rodriguez: The income right now is 80 percent of medium income or below. Mr. Cruz: No, no, but I want numbers, like you say. If a person have -- a single mother with two children. Ms. Gomez -Rodriguez: 1 think that -- I would be more than glad to provide you the -- Mr. Cruz: Good. Ms. Gomez -Rodriguez: -- income table for that you can do -- Mr. Cruz: OK Ms. Gomez -Rodriguez: You know, check the numbers. City of Miami Page 43 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Mr. Cruz: If those tables are being revised lately or -- Ms. Gomez -Rodriguez: They get -- Mr. Cruz: -- they come from same -- Ms. Gomez -Rodriguez: -- revised every year. Mr. Cruz: Every year. Ms. Gomez -Rodriguez: Every year. Mr. Cruz: And they are in accordance with to the real estate market in Miami? Ms. Gomez -Rodriguez: No. Mr. Cruz: Ah, because that's (UNINTELLIGIBLE) -- even -- any house in Allapattah is over $ 150, 000. Commissioner Winton: It's a federal rule. Ms. Gomez -Rodriguez: Correct. Commissioner Winton: It isn't a local rule. Chairman Sanchez: All right. Mr. Cruz: That's, you know -- Chairman Sanchez: Thank you so much. OK. The public hearing is closed at this time. We come back to the Commission. 1 believe there is a motion and a second already on this resolution taking care of the housing concept of it. OK. Ms. Thompson: I'm sorry, Chair. We do not have a motion and a second. Vice Chairman Gonzalez: I move the item. Commissioner Winton: Second. Chairman Sanchez: All right, we do now. Vice Chairman Gonzalez makes a motion, Commissioner Winton seconds it for the purpose of discussion. There is no discussion at this time. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say 'nay." The resolution passes unanimously. Chairman Sanchez: 1 believe we're done -- Commissioner Winton: That's it. Chairman Sanchez: -- Barbara, right? Ms. Gomez -Rodriguez: We need one more -- City of Miami Page 44 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Winton: I heard this morning. Ms. Gomez -Rodriguez: -- HOPWA (Housing Opportunities for Persons Living with AIDS). Chairman Sanchez: Oh, I am so sorry. Commissioner Winton: Oh. Chairman Sanchez: Please. Sir, do you mind just -- Ms. Gomez -Rodriguez: It's two minutes. Chairman Sanchez: -- five more minutes. I apologize for that. Yes, the HOPWA portion of it. Ms. Gomez -Rodriguez: HOPWA is countywide, as we all know -- Chairman Sanchez: Housing with People with AIDS (Acquired Immunodeficiency Syndrome). Ms. Gomez -Rodriguez: -- and change here is going to be the following.: We're still going to do Countywide. We're still going to do Countywide. We're still going to do long-term, project - based rental, short-term emergency, mortgage and utilities, housing inspection, and meals assistance for people with AIDS. Chairman Sanchez: So there's no modification to that one? Ms. Gomez -Rodriguez: The change is going to be in the money. Chairman Sanchez: Oh. Ms. Gomez -Rodriguez: Right now they get paid $1,800 per year, per client, and now we're divided into three payments: 1,200 for those agencies that would like to bid for intake, annual certification, monthly contacts, and quarterly home visits; $100 per client, per year if they're going to be involved in the inspection when they move out from an apartment; 500 per client, per year will include annual inspection, re -inspection, abatement, and complaint inspection, so basically, those are going to be some of the change. On reference to project -based funding, which is buildings that we have been involved in the construction, which the whole building is for people with AIDS, we're going to pay a maximum of $300 per month, per person that lives in those building. Chairman Sanchez: All right. The amendments to the resolution have been put on the record. At this time, we will entertain a motion. Vice Chairman Gonzcilez: Move it. Commissioner Regalado: Second. Chairman Sanchez: And then we'll -- Commissioner Winton: Second. Chairman Sanchez: -- open it up to the -- OK, there's a motion by Vice Chairman Gonzalez, and a second by Commissioner Regalado, and at this time, before we go -- get into any discussion, we'll open it up to the public. Anyone from the public wishing to address the HOPWA portion of the CDBG (Community Development Block Grant), please step forward and be recognized. City of Miami Page 45 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Seeing none, hearing none, the public hearing is closed, coming back to the Commission for discussion. Anyone wishing to discuss this item? Hearing no discussion, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Ms. Gomez -Rodriguez: Thank you very much. Chairman Sanchez: Thank you, Barbara Rodriguez, Executive Director. ORDINANCE -EMERGENCY EM.1 05-00043 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A CONTRIBUTION OF FUNDS FROM MIAMI-DADE COUNTY, IN THE AMOUNT OF $500,000, FOR THE MIAMI RIVER TUNNEL FEASIBILITY STUDY; AMENDING ORDINANCE NO. 12622, ADOPTED DECEMBER 9, 2004, TO APPROPRIATE SAID FUNDS INTO A NEW CAPITAL IMPROVEMENT PROJECT NO. 341332, ENTITLED "MIAMI RIVER TUNNEL FEASIBILITY STUDY;" AUTHORIZING THE CITY MANAGER TO EXECUTE THE JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00043-exhibit 1-SUB.pdf 05-00043-exhibitl A.pdf 05-00043-exhibit2. pdf 0 5-0004 3-ordinance . pd f 05-00043-summary form.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED as an emergency measure, with modifications, waiving the requirement for two seperate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12653 Chairman Sanchez: OK, we go to EM.1, Madam Clerk. Priscilla A. Thompson (City Clerk): PH (Public Hearing) -- Chairman Sanchez: No. Commissioner Winton: EM.1. Chairman Sanchez: EM.1. Commissioner Winton: We need staff Chairman Sanchez: All right. We need staff. This requires a four -fifths vote. Staff. It's an City of Miami Page 46 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 ordinance, emergency ordinance. Alicia Cuervo Schreiber (Chief of Operations): Commissioners, Alicia Cuervo Schrieber. As you know, at the last Planning and Zoning meeting, we had discussed park place, and the need for them to modify their foundation design to accommodate the potential of a tunnel. In that spirit, both Miami -Dade County and the City of Miami are passing an emergency ordinance to move forward the JPA (Job Performance Analysis), and I need to read two amendments -- three amendments on the record. The JPA will be modified, per Miami -Dade County, to remove just the analysis on 1st Avenue, but the include -- and I've written that in writing on your note -- between 1st and South Miami Avenue. They want us to expand the scope of it, and then two other items on the record: Whereas the City -- Commissioner Winton: (UNINTELLIGIBLE). Chairman Sanchez: OK. Ms. Cuervo Schreiber: To expand the study. -- whereas the City has requested to be the lead agency to expedite the project, utilizing its resources to administer the project, subject to the terms and conditions of the agreement. The agreement is before you. The next amendment is, whereas the County will be the principal financing agency for the project and continue to lead the overall cooperative effort, while the City will utilize its resources and be responsible for the consultant and contract administration for the feasibility subject -- study, subject to the terms and conditions of this agreement. Chairman Sanchez: All right. Is there a motion? Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. Second by -- Ms. Cuervo Schreiber: Thank you. Chairman Sanchez: -- Vice Chairman Gonzalez. It is ordinance -- an emergency ordinance, requiring a public hearing. Anyone on -- anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for discussion. Any discussion on the item? Hearing none, Mr. City Attorney, read the ordinance into the record, and then Madam Clerk, roll call. The Ordinance was read by title into the public record by the City Attorney. Jorge L. Fernandez (City Attorney): And also subject to the changes that were just read into the record. Chairman Sanchez: As amended. Roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: Roll call. Second roll call. The ordinance has been adopted as an emergency measure, 5/0. Commissioner Winton: And 1'd like to, if you don't mind, Mr. Chairman, put a comment on the record, and that is that even though we adopted this project as part of our Downtown Comprehensive Master Transportation Plan, there was a line item in the people's transportation presentation to the community for the tunnel. I have had to fight at County Hall tooth and nail to get here. There was a movement to try to declare that this was going to be another bridge City of Miami Page 47 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 instead of a tunnel. Well, those bridges, you have to open two of them at a time anyhow, so you're going to put one between two already? You don't need another bridge, but the person at the County who stepped up big-time and provided the leadership at the County, I have to recognize, and that was then chairwoman, Barbara Carey Schuler, who has been a staunch ally of all kinds of issues relative to the City of Miami and helped me immensely work through the system at County Hall, and we now have George Burgess, the County Manager, fully on board and his staffs on board, so I think we now have a true team effort moving this project forward to determine the feasibility of the tunnel. City of Miami Page 48 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 ORDINANCE - SECOND READING SR.1 04-01429 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CITY OF MIAMI PROCUREMENT ORDINANCE;" MORE PARTICULARLY BY AMENDING SECTION 18-89(B), ELIMINATING THE APPLICABILITY OF THE TEN PERCENT (10%) LOCAL PREFERENCE FOR CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE; SUNSETTING SAID CHANGE AT THE END OF ONE YEAR FROM THE EFFECTIVE DATE, WITH THE OPTION TO RENEW FOR AN ADDITIONAL ONE-YEAR PERIOD. 04-01429-summary form.pdf 04-01429-miami code.pdf 04-0142 9-o rd i n a n ce. pd f 04-01429-Subcontratctor Participation.pdf Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12654 Direction to the Administration by Commissioner Winton to provide a status report on February 17, 2005, regarding the progress of the Miami Works Program. Chairman Sanchez: All right. We go to SR. I. SR.1 is an ordinance on second reading. Is there a motion? Commissioner Allen: SR.1, I move the item, Mr. Chairman. Commissioner Winton: Second. Chairman Sanchez: OK. There's a motion by Commissioner Allen, second by Commissioner Winton. It is an ordinance on second reading, requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for a discussion. Hear -- Commissioner Allen. Commissioner Allen: Yes. I think I've discussed this item substantially with your department. Alicia Cuervo Schreiber (Chief of Operations): Yes. Commissioner Allen: -- delaying all concerns with respect to we will get some assurance there'll be a monitoring process in place where City of Miami residents will be employed to a large extent, as well as minorities, black Americans and the like? Ms. Cuervo Schreiber: Yes, Commissioner. Commissioner Allen.: Great. City of Miami Page 49 Printed an 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Ms. Cuervo Schreiber: And in that spirit, handed out to you just now is the commitment made at the last meeting tracking these types of disadvantaged firms in the City of Miami. Commissioner Allen: Right, and so at the end of the year, you guys will provide us with some sort of quantitative analysis to show and to justify that sort of thing, with respect to requesting an additional option or year -- Ms. Cuervo Schreiber: Yes. Commissioner Allen: -- and so forth, right, so -- Chairman Sanchez: All right. Commissioner Allen, you're satisfied with the -- Commissioner Allen: Yes. Chairman Sanchez: -- the response? Commissioner Allen: Yeah, because I do remember Commissioner Winton also weighed in on this last time. Vice Chairman Gonzalez: Was that SR. 1? Chairman Sanchez: SR.1. Commissioner Allen: SR.1. This is with respect to -- Chairman Sanchez: It's an ordinance on second reading. Commissioner Allen: -- two percent local preference. Vice Chairman Gonzalez: Right, OK. Just so the -- ten percent. Commissioner Allen: Yes, sir. Ms. Cuervo Schreiber: Yes. Vice Chairman Gonzalez: Let me tell you, I'm going to support this a hundred percent, and let me tell you why. I have been one of the most strong support of hiring companies from within the City of Miami, minorities and so on and so on and so on, and as a matter offact, I -- every time a contract issue has been to -- before this Commission for approval, I have always asked, are these people minorities, are these people within the City of Miami? Because I realize that businesses in the City of Miami are the ones that pay taxes in the City, that pays occupational licenses, but let me tell you, with the experience that 1 have had with two CIP (Capital Improvement Project) projects in my district, Commissioner Allen, I don't wish that to my worst enemy. You know, you will never want to be in my position, you know, with what happened with these companies. In other hands, I just had a company that started a project in my district that so far -- and 1 understand they are not a City of Miami company and they -- up to this point, these people are professional, they're working, you know, continuously, no disruption; you go by the project every afternoon, the streets are clean, the front of the houses are clean, you know, the -- Alicia, I got to congratulate you on the hiring these people. I have, you know -- I have been on top of you with 19th Street and 19th Terrace and 3fth Street -- Commissioner Winton: What a turnaround. Vice Chairman Gonzalez: Here, I've got to tell you that I congratulate you because, you know, City of Miami Page 50 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 these people are superb. Ms. Cuervo Schreiber: Thank you. Vice Chairman Gonzalez: As a matter offact, if could have these people do all the projects in my district, please find a way to do that. 1 don't want to go through this same nightmare, and you know, the point is that we need to find the most capable people and the people that are able to deliver the projects and not create to all of us, you know, all of these problems because, after all, when the residents start to complain, they don't call Alicia, they don't call the Manager, they don't call -- they call you, they call you, and they call all of us, you know. We're the ones that get the calls and get the complaints. Chairman Sanchez: You tell me. Vice Chairman Gonzalez: So, yeah, I'm definitely supporting this. Chairman Sanchez: All right. Ms. Cuervo Schreiber: Thank you. Commissioner Winton: Could I add one comment into -- Commissioner Allen: I think he wanted to weigh in, Commissioner Winton. Commissioner Winton: -- Commissioner Allen's point here? We've talked about this. I'm talking about Miami Works right now. Commissioner Allen: Well -- OK. Commissioner Winton: I want to come back to Miami Works. You know, we had a pro -- we've got this program going. We've had volunteers working on it. It's been held up over one delay, over another delay, over another delay. You and I had a sunshine meeting. Everybody agreed we were going to get this thing kicked off during the holiday season. It's now February. It didn't get going because South Florida Workforce decided we had to have an interlocal agreement done, and let me tell you, Mr. Manager. My comment to South Florida Workforce is, I'm ready to start a war with them again. This is plain bull bull. Chairman Sanchez: Donkey dung. Commissioner Winton: Bull bull. I don't give a damn about that stupid interlocal agreement. Chairman Sanchez: Beep. Commissioner Winton: They should be making a commitment. We should have jobs -- Chairman Sanchez: Beep. Commissioner Winton.: -- rolling right now. We have the ability to get jobs rolling right now, and this stupid bureaucratic -- Chairman Sanchez: Beep. Commissioner Winton: Thank you -- that's preventing us from putting people to work that need jobs that are good jobs. I'm so -- please -- City of Miami Page 51 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Vice Chairman Gonzalez.: Beep. Chairman Sanchez: Beep. Commissioner Winton: -- that I can't see straight, so when are we going -- I don't care anymore about it signed or not signed. I don't give a -- Chairman Sanchez: Beep. Commissioner Allen: Beep. Commissioner Winton: Thank you. 1 want the program rolling, so would you all tell me what I need to do so that next week, we've got the people on the street that we need on the street that are putting the people to work that want to go to work, getting them jobs with the employers that want to hire them? Commissioner Allen: Correct. Right. This is conjunc -- could Mr. Rosemond weigh in on this, if you could? Yeah. David Rosemond: Good morning. David Rosemond, City administration. Commissioner, next week -- by this time next week, we will have the project completely rolled out. Commissioner Winton: Thank you, and I'd like a report at the next Commission Meeting then on success. Mr. Rosemond: Thou shall have it. Commissioner Winton: Thank you. End of story. Chairman Sanchez: All right. Madam Clerk -- Mr. City Attorney, did you read SR. I ? No. Mr. Fernandez: No, not yet. Chairman Sanchez: All right, read it into the record. Then Madam Clerk, roll call. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. Chairman Sanchez: Two 'yes" to two "ayes." All right. FR. 1. Commissioner Winton: Does that pass? Chairman Sanchez: Yes, it passes. City of Miami Page 52 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 ORDINANCES - FIRST READING FR.1 05-00044 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "BUILDINGS/IN GENERAL," BY AMENDING SECTION 10-4(D) OF THE CITY CODE THAT SET FEES FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL, (INCLUDING BOILER AND ELEVATOR) INSPECTION, PERMIT AND CERTIFICATE FEES AND ADDING SECTION 10-4(1) TO INCLUDE A NEW PERMITTING CATEGORY ; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-00044-summary form.pdf 05-00044-ord i nance. pdf DEFERRED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to defer Item FR. 1 to the next Commission meeting, in order for Vice Chairman Gonzalez to meet with the Administration on this issue. Chairman Sanchez: FR.1 is an ordinance on first reading. Mr. Lima -- Hector Lima (Director, Building Department): Good morning. Chairman Sanchez: -- how are you? Mr. Lima: Fine, thank you, Commissioner. Hector Lima, director of the Building Department. This is some house cleaning that we have to do -- Vice Chairman Gonzalez: Mr. Chairman -- excuse me, Mr. Lima. Mr. Chairman, I would like to defer this item until I have a chance to meet with the administration on this item. Commissioner Winton: Second. Chairman Sanchez: All right, there's a motion to defer the item. It would be to the next Commission meeting. Vice Chairman Gonzalez: Yes, sir. Chairman Sanchez: All right. There's a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. The item has been deferred. FR.2 05-00048 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 12613, ADOPTED NOVEMBER 18, 2004, EXTENDING THE TERM OF THE FRANCHISE AGREEMENT WITH NUI UTILITIES, INC., PREVIOUSLY D/B/A NUI CITY City of Miami Page 53 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 GAS COMPANY OF FLORIDA, NOW D/BA FLORIDA CITY GAS (" FRANCHISEE") UNTIL THE EARLIER OF 1) AUGUST 28, 2005, OR 2) THE DATE IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF ANY SUBSEQUENT FRANCHISE AGREEMENT ENTERED INTO BY THE CITY OF MIAMI AND THE FRANCHISEE; AUTHORIZING THE CITY MANAGER TO EXECUTE A FRANCHISE EXTENSION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00048-exh ibit. pdf 05-00048-ordinance.pdf 05-00048-letter.pdf 05-00048-summary form.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado Chairman Sanchez: FR.2 is an ordinance on first reading. Stephanie Grindell: Stephanie Grindell, director of Public Works. This is an ordinance amending a previous ordinance that would extend the franchise agreement with NUI (National Utilities Incorporated) Utilities. Commissioner Winton: Who's NUI Utilities? Chairman Sanchez: This is just basically time to iron out -- Ms. Grindell: Continue negotiating. Chairman Sanchez: -- the agreement. All right. Is there a motion? Vice Chairman Gonzalez: Move it. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Commissioner Allen: Second. Chairman Sanchez: Is there a second? Second by Commissioner Allen. Before we open it up for discussion, it is an ordinance on first reading, requiring a public hearing. The public hearing is closed -- open. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed. Commissioner Allen: Right. Chairman Sanchez: Coming back to the Commission for a discussion. Any discussion on the item? Hearing -- Commissioner Allen: This is just a short-term agreement, correct? Jorge L. Fernandez (City Attorney): Right, correct. Ms. Grindell: It's an extension to an existing short-term agreement. City of Miami Page 54 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Allen: All right, OK. Chairman Sanchez: Mr. City Attorney, read the ordinance on first reading into the record. Madam Clerk, roll call. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: All right. Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result ofwhich is stated above. • Ms. Thompson: The ordinance has been passed on first reading, 4/0. FR.3 05-00095 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BICYCLES" TO PROVIDE DEFINITIONS AND REGULATIONS FOR THE PROHIBITION OF THE OPERATION OF BICYCLES, MOPEDS, MOTORIZED SCOOTERS, SCOOTERS AND OTHER SIMILAR DEVICES ON THE SIDEWALKS OF THE EASTERN SIDE OF BRICKELL AVENUE BETWEEN SOUTHEAST 4TH STREET AND SOUTHEAST 26TH ROAD, MIAMI, FLORIDA; MORE PARTICULARLY BY AMENDING SECTION 8-6; DIRECTING THE CITY MANAGER TO INITIATE A PUBLIC EDUCATION AND INFORMATION PROGRAM REGARDING THE APPLICABILITY OF SAID ORDINANCE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 05-00095-cover memo.pdf 05-00095-o rd i n a n ce. pd f CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Sanchez absent, to continue item FR.3 to the Commission meeting currently scheduled for April 14, 2005, at 10 a.m. or soon thereafter, to give the Administration and the Brickell Homeowners Association a chance to work with Miami -Dade County to resolve outstanding issues related to the proposed bicycle plan on Brickell Avenue. Chairman Sanchez: If we could take one item out of order, due to the fact that the gentleman has to go pick up his daughter, who's coming in from out of town, and that is FR.3. Commissioner Winton, 1 believe that's your item, and I believe we have the president of the Brickell Homeowners' Association, Tory Jacobs, here to address this item. Commissioner Winton: But I think we need to get City staff out here because I'm being told that we have a serious problema with this relative to County stuff so -- Chairman Sanchez: OK. Can we get -- Commissioner Winton: -- we need to -- Chairman Sanchez: -- City staff? City of Miami Page 55 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 RESOLUTIONS RE.1 04-01395 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF TWO (2) AMERICAN HAWK TRASH BODY AND CRANE TRUCKS, FROM ATLANTIC TRUCK CENTER, FOR THE DEPARTMENT OF SOLID WASTE, UTILIZING EXISTING FLORIDA SHERIFFS ASSOCIATION/ FLORIDA ASSOCIATION OF COUNTIES/FLORIDA FIRE CHIEFS' ASSOCIATION BID AWARD NO. 04-12-0823, EFFECTIVE UNTIL SEPTEMBER 30, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY SAID ASSOCIATIONS, IN AN AMOUNT NOT TO EXCEED $126,882, PER TRUCK, FOR A TOTAL AMOUNT NOT TO EXCEED $253,764; ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENTS PROJECT NO. 353018.329401.6.840. 04-01395-summary form.pdf 04-01395-bid award announcement.pdf 04-01395-sheriff memo.pdf 04-01395-2005 sterling acterra.pdf 04-01395-quotations.pdf 04-01395-specs proposal.pdf 04-01395-reso l ution. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0100 Direction to the Administration by Commissioner Winton to include thorough quantifiable data in the justification of procurement items. Chairman Sanchez: All right. FR.3 was deferred, and we go to RE.1, which is a resolution. Vice Chairman Gonzalez: I'll move RE.1. Commissioner Winton: Second, with comment. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez and a second by Commissioner Winton for the purpose of discussion. You're recognized, Commissioner Winton. Commissioner Winton: If you all remember, I'm the one that deferred this to this meeting because there was absolutely no justification. I don't think any of us doubted that they need them, but you couldn't tell that they needed them or why they need them. They've done a little better job here, but let me point out something to you all. I mean, it would be so easy. This can be accomplished by -- it's in your justification. This can be accomplished by eliminating three pieces of equipment and replacing it with a combo unit, OK. The value of -- I'm replacing three units that if I had to replace those three and buy new ones, it would cost "X, " I'm not going to spend that "X" anymore; I'm going to spend "Y" on something else, and there's a differential there. That differential is either an incremental add -on or it's a savings. Commissioner Allen: Savings, right. City of Miami Page 56 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Winton: You have an opportunity to show quantifiably or empirically that this is justified and you missed the boat again. Unidentified Speaker: Yeah. Commissioner Winton: And then you go on to say that, additionally, this new collection approach in well-known problematic areas result in reducing the number of personnel required so that you can reassign them to do stuff that's more important, also quantifiable. Quantify this stuff. You know, the public would like to hear that when we're doing things that are saving money -- and we, as the policy makers would like to read that when it's crystal clear we're doing things that are going to be a real benefit that you can quantify, quantini it. I feel better and the public's going to think, "Damn, these people really know what they're doing," so I'm voting yes, but you guys can do better than that. Commissioner Allen: Right. Mario Soldevilla (Acting Director, Department of Solid Waste): Absolutely, and if you want me to quantify it, I will quantify it right now. Commissioner Allen: Just -- Mr. Soldevilla: I mean -- Commissioner Allen: Yeah. I just have two other comments. According to this, you said you were reassigning personnel. That clearly means they'd be reassigned, not at some point let go, because of some -- Mr. Soldevilla: No, they won't be let go. Commissioner Allen: -- equipment replacement -- Mr. Soldevilla: They're just being reassigned. Commissioner Allen: -- because of automation or anything, right. Mr. Soldevilla: Because instead of having four people in a trash crew, you will have two. Commissioner Allen: Right, and these are the trucks that pick up the bulk trash, if you will, the - - can you describe -- Mr. Soldevilla: That's correct. Well, this is a -- a typical trash crew consist of one crane and two trash trucks. Commissioner Allen: Right. That scoops up the -- Mr. Soldevilla: That scoops up the trash. Commissioner Allen: Right. Having said that, let me ask you this -- and this new equipment that's being purchased, the mouth that picks up the extra trash, is it a new device out there? The reason why I'm asking is because, you as you know, typically, that existing mouth or the old mouth seems to just gouge the street and the sidewalks and it just leaves a horrible remnants of what was ever there, so is this some new mouth, if you will, that -- Mr. Soldevilla: I can't say that it's a new -- that the bucket is -- City of Miami Page 57 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Allen: Bucket or -- Mr. Soldevilla: -- any different design than what we have. I can tell you that one of the principle reasons why this occur is that we are out there picking up trash on a daily basis, day in and date out, and it is a function of the number of times that we do the pick up and the type of pick ups that they do. It is very difficult with a bucket to pick up loose debris. Commissioner Allen: Precisely, right. Mr. Soldevilla: You know, so -- Commissioner Allen: So I guess -- Mr. Soldevilla: So, yes, and we're -- you know -- and this is -- Commissioner Allen: Right. Mr. Soldevilla: -- you know, some of it is training and it can be -- and certainly, they're very good crane operators that we have can do that. Commissioner Allen: Right. Mr. Soldevilla: Some don't. Commissioner Allen: And this is no reflection on your employees, but throughout my district, I would drive around and 1 would notice that the sidewalks are gouged out in and around those areas, so I'm just wondering, do you use that bucket to pick up loose trash now or you're going to have someone to walk along and make sure that it doesn't pick up any loose or dismantled trash that can just be picked up manually as opposed to a huge pile. Mr. Soldevilla: The large ones. Commissioner Allen: That's my concern. Mr. Soldevilla: OK. Commissioner Allen: I don't want anymore of the gouging out of the sidewalk and/or the street area. Mr. Soldevilla: That is certainly one of our initiatives, that we try to create as much -- as little disturbance as possible to the existing infrastructure. Commissioner Allen: OK, because its a horrible scene. OK. Chairman Sanchez: All right. Could you state your name for the record? Joe Arriola (City Manager): Commissioner, regarding -- Chairman Sanchez: Mr. Director, could you state your name for the record? Mr. Soldevilla: Mario Soldevilla, acting director for the Department of Solid Waste. Chairman Sanchez: The Clerk requested that. You didn't put your name. Mr. Soldevilla: Yes. City of Miami Page 58 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Chairman Sanchez: All right. Mr. City Manager. Mr. Arriola: Commissioner, regarding this, 1 mean, this has been a big problem for many, many, many, many years. As a matter of fact, Commissioner Gonzalez and I have been working, what, two years now? Vice Chairman Gonzalez: Two years. Mr. Arriola: I mean, it's something that blows my mind, and I think I sent him an e-mail last week saying, whoopee, woody, woo, DERM (Department of Environmental Resources Management) finally gave us a permit to build our own mini dump. I think that with proper education to our citizens, we will alleviate the present problems because the problem is that everybody dumps in our streets, whether they live in the City of Miami or not, by the way. Commissioner Winton: Right. Mr. Arriola: And, you know, it's hard. How do you pick it up? So, hopefully, we got -- finally, I got our DERM permit. This was like having three babies at a time and we will start -- we're starting construction of a mini dump and hopefully, when we have our mini dump -- Chairman Sanchez: Hey, hey, hey, you can say that. You know -- Mr. Arriola: Oh, three babies. Commissioner Winton: Three babies at a time. Chairman Sanchez: We might be delivering a baby any hour. Now, you're saying three babies, you're going to scare her. Mr. Arriola: I said three babies in a row, like -- actually, nine months, nine months and nine months is what I meant to say, sir, so you know -- Chairman Sanchez: Not all at once, huh? Mr. Arriola: Hopefully, we'll do -- we will spend some money doing the right education. Vice Chairman Gonzalez: Right, right. Mr. Arriola: Because 1 think this is something that's got to go through our NETs (Neighborhood Enhancement Teams), Channel 9. We have to go to all -- set up neighborhood meetings. You know, we had -- we were going to have to do a big-time educational piece. A, its going to save us a ton of money down the road -- Vice Chairman Gonzalez: Um-hmm. Mr. Arriola: -- but the most important thing, we'll be able to maintain our City clean without the devastating effect that we're having with this -- with the trucks right now, but I'm telling you, Commissioner Gonzalez has been on this for two years -- Vice Chairman Gonzalez: Two years. Mr. Arriola: -- and he knows the pains we've gone through, but we finally got it and now -- Chairman Sanchez: All right. City of Miami Page 59 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Mr. Arriola: -- we can get going. Chairman Sanchez: All right. There's a motion and a second, correct? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.2 04-01396 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF TWELVE (12) DUMP BODY TRASH TRUCKS, FROM ATLANTIC TRUCK CENTER, FOR THE DEPARTMENT OF SOLID WASTE, UTILIZING EXISTING FLORIDA SHERIFFS ASSOCIATION/FLORIDA ASSOCIATION OF COUNTIES/FLORIDA FIRE CHIEFS' ASSOCIATION BID AWARD NO. 04-12-0823, EFFECTIVE UNTIL SEPTEMBER 30, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY SAID ASSOCIATION(S), IN A TOTAL AMOUNT NOT TO EXCEED $832,404; ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENTS PROJECT NO. 353019.329401.6.840. 04-01396-summary form.pdf 04-01396-detailed revenue.pdf 04-01396-equipment surplus list. pdf 04-01396-daily inventory in repairs.pdf 04-01396-heavy equipment replacement.pdf 04-01396-work order cost.pdf 04-01396-bid award announcement.pdf 04-01396-sheriffs memo.pdf 04-01396-quotation 1. pdf 04-01396-quotation 2. pd f 04-01396-Specification Proposal. pdf 04-01396-resolution. pdf Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0101 Chairman Sanchez: We go to RE.2, which is also a Solid Waste issue. Is there a motion? Commissioner Winton: Second. Commissioner Allen: I move the item, Mr. Chairman. Chairman Sanchez: All right. There's a motion by Commissioner Allen, second by Commissioner Winton. It is open for discussion. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." We go to -- Vice Chairman Gonzalez: Let me tell you, I'm glad that we're buying these trucks because we City ofMiami Page 60 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 have some trucks out there that -- remember that every City equipment reflects the image of our City, and there's some trucks out there that really, you know, look pathetic. I mean, you know, so Commissioner Winton: And sound pathetic. Vice Chairman Gonzalez.: Yeah. RE.3 05-00042 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 04-0788, ADOPTED DECEMBER 9, 2004, IN ITS ENTIRETY, AND THE INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF MIAMI ("CITY") AND MIDTOWN MIAMI COMMUNITY DEVELOPMENT DISTRICT ("DISTRICT"), PURSUANT TO SAID RESOLUTION; AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED INTER -LOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE DISTRICT, A LOCAL UNIT OF SPECIAL PURPOSE GOVERNMENT, FOR THE DISTRICT TO PROVIDE CONCEPTUAL, FINAL DESIGN AND CONSTRUCTION SERVICES TO ACCOMMODATE THE PROPOSED MIAMI STREETCAR PROJECT WITHIN THE MIDTOWN MIAMI PROJECT, IN AN AMOUNT NOT TO EXCEED $1,163, 000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 341330, "B-71215 STREETCAR PROJECT." 05-00042-ex h i b i t l. p d f 05-00042-exhibitl A. pdf 05-00042-exhibitl B.pdf 05-00042-resolution.pdf 05-00042-scope of services.pdf 05-00042-pre interlocal agreement.pdf 05-00042-pre resolution.pdf 05-00042-pre budgetary impact.pdf 05-00042-pre memo.pdf 05-00042-summary form.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0102 Chairman Sanchez: RE.3 is a resolution. Commissioner Allen: RE (Resolution) -- we're on RE.2 Chairman Sanchez: No, we already voted on RE.2. Commissioner Winton: We just did -- Vice Chairman Gonzalez: RE.3 now. Unidentified Speaker: That's right. Commissioner Allen: Yeah, right. City of Miami Page 61 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Chairman Sanchez: RE.3. Commissioner Allen: OK. Chairman Sanchez: We voted on RE.2, Madam Clerk, correct? Yes. Priscilla A. Thompson (City Clerk): That's correct. Chairman Sanchez: RE.3, is there a motion? Vice Chairman Gonzalez: Move it. Commissioner Winton: So moved. Chairman Sanchez: There's a motion and a second. Motion by Vice Chairman Gonzalez, second by Commissioner Winton. It's a resolution. Open for discussion. Commissioner Allen: Yes. Mr. Chairman, quickly. With respect to this, I did spend some time speaking, I believe it was yesterday, with Mary Conway. Did -- has anyone projected out as to what sort of capital hit this would be if, in fact, the streetcar goes forward? Because you've got to consider maintenance and so forth and so on. I mean, I'm just curious. Alicia Cuervo Schreiber (Chief of Operations, Manager's Office): That is an ongoing study, Commissioner, now. However, this is before you because it could impact us anywhere from 5, 000,000 to 8,000,000 if we don't address -- Commissioner Allen: On an annual basis. Ms. Cuervo Schreiber: -- this. Commissioner Allen: Right. Ms. Cuervo Schreiber: Yeah. No, no, no. Commissioner Winton: Yeah. Commissioner Allen: Wait. Ms. Cuervo Schreiber: In the future, just a one-time hit, if you don't address this one particular item. As it deals with maintenance -- Commissioner Allen: Right. Ms. Cuervo Schreiber: -- that's going to be a presentation that you'll see in the future. Commissioner Allen: OK. That's just a concern. 1 need -- we need to be made aware of that. Commissioner Winton: Oh, yeah, and we have to -- Commissioner Allen: It sounds cute. This project sounds cute now at its early stage, but we've got to consider, it's going to be an ongoing cost, if, in fact, it comes to fruition. Commissioner Winton: Well -- but let me tell you what my view is about that, and we're going to have a -- as far as I'm concerned -- City of Miami Page 62 Printed on 3,30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Allen: Or will we get a contribution from the County? I mean -- Commissioner Winton: That -- no, but here's the key point. The County, as far as I'm concerned -- I've said it publicly many times, many times -- the County needs to get out of the municipal service business and focus on regional issues. One of the issues that is crystal clear they're directly responsible for is transportation, but one of the things that they're doing in this whole transportation plan is trying to move more and more transportation related stuff to local municipal government. Now, part of their rationale is they're giving us part of the sales tax -- Commissioner Allen: Sales tax. Commissioner Winton: -- the half -penny sales tax to do that. Commissioner Allen: Right. Commissioner Winton: But the fact of the matter is that the more transit -- the greater a system we create for transit, the sooner we're going to have a community that will allow people to move around in, and in the City of Miami, in particular, we're not going to build any more roads. We're not going to build any new expressways because none of us are going to let them go through our neighborhoods and we're not going to widen any roads because there isn't any place you can widen the road, so we have to begin to do things. The County's position, I'm sure, right now is that streetcar, "You guys are going to pay for that." My position is this is a transit program; they need to be paying for it. They need to be paying for ongoing operations, so -- Commissioner Allen: OK. That's -- Commissioner Winton: -- the decision on who pays for operating hasn't been decided, the cost of it hasn't been identified, but when we get some of this feasibility stuff done, then we're going to know and then we're all going to start working on where it really needs to land because it is, in fact, transit, and transit is a County function. Chairman Sanchez: When do you anticipate the feasibility report coming back? Ms. Cuervo Schreiber: I believe that we were going to come to the Commission within this quarter with a presentation on two whole streetcar systems. As it relates to the maintenance and governance, that's a discussion that should be ongoing after that. Commissioner Allen: Right. Chairman Sanchez: All right. Any further discussion on the item? There's a motion and a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." City of Miami Page 63 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 BOARDS AND COMMITTEES BC.1 05-00016 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Yvonne Mc Donald Commissioner Johnny Winton Patrick Range, Jr. Commissioner Johnny Winton Gaston Smith Commissioner Tomas Regalado Charles J. Flowers Commissioner Jeffery Allen Charles Cutler Commissioner Jeffery Allen Henry S. Harrison Miami Association of Fire Fighters Maria V. Bao AFSCME Local 1907 Viona Brown Fraternal Order of Police Shad Fields AFSCME Local 871 05-00016-memo-1 .doc 05-00016- members-2.doc 05-00016-Union Nominees-3.pdf 05-00016-Nomination FOP-4.pdf 05-00016-Sanitation-5. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0103 A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, with Commissioner Regalado absent, to appoint Yvonne McDonald and Patrick Range, Jr. as members of the Equal Opportunity Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5 ) vote of the members of the full City Commission, as it relates to Patrick Range, Jr. as a member of the Equal Opportunity Advisory Board. A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Gaston Smith as a member of the Equal Opportunity Advisory Board. A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint Charles Flowers and City of Miami Page 64 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Charles Cutler, Jr. as members of the Equal Opportunity Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to past absences of Charles Cutler, Jr. as a member of the Equal Opportunity Advisory Board. A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Allen, and was passed unanimously, with Commissioner Regalado absent, to confirm the following representatives of City employees bargaining organizations as members of the Equal Opportunity Advisory Board: Henry S. Harrison, nominated by Miami Association of Fire Fighters, Maria V. Bao, nominated by AFSCME, Local 1907, Viona Brown, nominated by Fraternal Order of Police, and Shad Fields, nominated by AFSCME, Local 871. Chairman Sanchez: OK. We have board and committee appointments. Do you guys want to defer to the next Commission meeting? Vice Chairman Gonzalez: I have an appointment for Commissioner Regalado -- Chairman Sanchez: All right. Vice Chairman Gonzalez: -- on the -- Chairman Sanchez: Well, let's go ahead and start with the first one. BC.1, it's a resolution and that is resolution of Miami City Commission appointing certain individuals as members of the Equal Opportunity Advisory Board for terms as designated herein. Vice Chairman Gonzalez, I believe you have two nominations. Vice Chairman Gonzalez: I have -- well, I'm going to defer mine, but I have one appointment for Commissioner Regalado. Chairman Sanchez: Well, let's get to them. Hold on. Vice Chairman Gonzalez: OK. Chairman Sanchez: Commissioner Winton. Commissioner Winton: This is Status of Women? Chairman Sanchez: No. Commissioner Winton: I'm going to appoint Paula -- Chairman Sanchez: Equal Opportunity Advisory Board. Commissioner Winton: Oh. The first one, OK, I've got two. Reappoint Yvonne McDonald and Patrick Range, Jr. Chairman Sanchez: OK. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion and a second. Priscilla A. Thompson (City Clerk): I'm sorry. We need a waiver for Patrick Range. Absences. Commissioner Allen: Right. Should we -- City of Miami Page 65 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Winton: Absences. Chairman Sanchez: All right. Wait a minute. Commissioner Winton: Throw the bum off the -- Chairman Sanchez: OK. Listen, a motion with a waiver. There's a motion with a waiver by Commissioner Winton, second by Commissioner Allen. Open for discussion. Commissioner Winton: Doesn't he work for Greenberg Traurig? Chairman Sanchez: Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Commissioner Winton: Doesn't he work for Lucia? Chairman Sanchez: Anyone in opposition, having the same right, say "nay." OK. Commissioner -- I have -- who are my two appointees? Ms. Thompson: You have Raul Dominguez and Sam Mason, and both of them will also need a waiver. Chairman Sanchez: Have they participated? Have they gone to the meetings? Ms. Thompson: It appears -- I'm not sure. I don't have their absentee -- Chairman Sanchez: Well, I'm not going to appoint anybody who doesn't go to meetings from now on. Ms. Thompson: OK, but they do have absences. Chairman Sanchez: Well, how many? Ms. Thompson: They're passed -- they have more than four. Chairman Sanchez: Defer. We shouldn't be reappoint -- this is one of the things that we still have gotten to, but we're going to streamline a lot of these boards. If people aren't participating in them -- I mean, either they work or they don't. We've got to get rid of them. Commissioner Winton: Amen. Chairman Sanchez: All right. Commissioner Regalado has an appointment. Vice Chairman Gonzalez: Yes. He's going to defer one and he's going to appoint Gaston Smith. Chairman Sanchez: OK, there's a motion to appoint Gaston Smith. Smith. Vice Chairman Gonzalez: Smith. Chairman Sanchez: Right? OK. Vice Chairman Gonzalez: Right. City ofMiami Page 66 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Chairman Sanchez: There's a motion. Is there a second? Commissioner Winton: Second. Chairman Sanchez: Second. Does he need any waivers? Vice Chairman Gonzalez: No, no waivers. Chairman Sanchez: OK. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Allen. Commissioner Allen: Yes. I'm going to reappoint a Charles Flowers and also reappoint a Charles Cutler. However, a caveat with Mr. Cutler. I'm going to need a general waiver -- Chairman Sanchez: All right. There's a motion -- Commissioner Allen: -- if you will. Chairman Sanchez: -- with a waiver. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. We move on discussion of nomination to be made by Commissioner Allen to certain boards. Ms. Thompson: I'm sorry, sir. If we go back and you look at BC. I. 1 need the Commission to go ahead and ratify the selection for individuals on -- see, on the bottom there, firefighters absent -- Chairman Sanchez: All right. Need a motion to reappoint Henry S. -- Vice Chairman Gonzalez: Move. Chairman Sanchez: -- Harrisson, Maria V. Bao -- Vice Chairman Gonzalez.: Move to reappoint. Chairman Sanchez: -- Viona Brown and Shad Fields. There's a motion by Vice Chairman Gonz alez. Is there a second? Commissioner Allen.: Second. Chairman Sanchez: Second by Commissioner Allen. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City of Miami Page 67 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 BC.2 04-01199 DISCUSSION ITEM DISCUSSION OF NOMINATIONS TO BE MADE BY COMMISSIONER ALLEN TO CERTAIN BOARDS. 04-01199-memo.doc Discussion on Item BC.2 resulted in the resolution below: [BC.2] 04-01199a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF BOARD AND COMMITTEES FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: BOARD/COMMITTEE: James Moss (term expires February 10, 2006) Rudolph Moise (term expires June 3, 2006) Albena Sumner (term expires March 14, 2005) Sam Burstyn (term expires January 24, 2006) Laurinus Pierre (term expires January 24, 2006) Thomas S. Armbrister (term expires April 13, 2005) Albena Sumner (term expires April 13, 2005) John Harris (term expires January 12, 2006) Bob Beamon (term expires January 12, 2006) Bernice Sawyer (term expires February 8, 2006) Phillip B. Everingham (term expires May 5, 2005) Ernest Lee Martin (term expires May 5, 2005) Candis Trusty (term expires September 9, 2005) Code Enforcement Board Health Facilities Authority Homeland Defense/Neighborhood Improvement Bond Program Orange Bowl Advisory Board Orange Bowl Advisory Board Parks Advisory Board Parks Advisory Board Miami Sports & Exhibition Authority Miami Sports & Exhibition Authority Virginia Key Beach Park Trust Waterfront Advisory Board Waterfront Advisory Board Finance Committee City of Miami Page 68 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Grady Muhammad (term expires May 9, 2006) Henry Crespo (term expires May 9, 2006) Model City Community Revitalization District Trust Model City Community Revitalization District Trust Roy Hardemon Model City Community Revitalization District Trust (public advocate seat, term expires May 9, 2006) Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0107 Chairman Sanchez: We go to BC.2. Commissioner Allen, you're recognized. Commissioner Allen: Yes. Mr. Chairman, 1 did speak with Madam Clerk earlier today in respect to -- I'm going to need your guidance on this, Madam Clerk. Should I just go ahead and list each of the ones -- you have a copy, if you will, of what I intend to do. Priscilla A. Thompson (City Clerk): That's correct. Commissioner Allen: So do you want me to just go down the list? Ms. Thompson: Yes. I think, if I'm not mistaken -- and Jorge can back me up on this -- you do need to state their names for the record, so you make it official. Commissioner Allen: Right. Ms. Thompson: So if you want to go down the list, that's fine. Chairman Sanchez: And that way, he catches up -- Ms. Thompson: Yes. Commissioner Allen: Right. Chairman Sanchez: -- with -- OK, let's go ahead and do that. Commissioner Allen: And for the sake of efficiency, this will be the quickest way. Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: Right. Chairman Sanchez: Put the names of all those appointees or nominees that you would like to appoint to the boards, and then we'll just make a motion that would address all of them. Commissioner Allen: OK. Chairman Sanchez: To include any waiver they so -- Commissioner Allen: Right. City of Miami Page 69 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Chairman Sanchez: -- desire. Commissioner Allen: And a general waiver, yeah. Mr. Chairman, this is with respect to BC.2. With respect to the Arts and Entertainment Council, 1 would defer that. With respect to the Bayfront Park Management Trust, I would also defer that. With Code Enforcement Board, I would reappoint James Moss. With respect to the Health Facilities Authority, I reappoint Rudolph Moise. With respect to the Homeland Defense Neighborhood Improvement Bond Program, I reappoint Albena Sumner, and I will defer with respect to Eileen Marcial. The Mayor's International Council, I will defer. With the Nuisance Abatement Board, 1 will likewise defer. The Orange Bowl Advisory Board, I would reappoint Sam Burstyn and Laurinus Pierre. With respect to the Parks Advisory Board, I would reappoint Thomas Armbrister and Albena Sumner. In connection with the Miami Sports and Exhibition Authority, I've already appointed a previous gentleman, Mr. John Harris, who replaced Pastor Gaddis, and reappoint Bob Beaman. In connection with the Virginia Key Beach Park Trust, reappoint Bernice Sawyer. With the Waterfront Advisory Board, I reappoint Phillip Everingham and Ernest Lee Martin. With the Audit Advisory Board, I will defer. With the Miami Street Codesignation Review Committee, I would defer, as well. With the Finance Committee, I will reappoint Candis Trusty, and with respect to the Oversight Committee for the Southeast Overtown/Park West and Omni Redevelopment District, Community Redevelopment Agencies, I would defer. With respect to the Model City Community Revitalization District Trust, I have two new appointments, which are Grady Muhammad, Henry Crespo, and 1 also have what is characterized as a public advocate appointee, which will be Roy Hardemon replacing a Vincent Mitchell, and 1 will again just end by saying, with respect to BC.2, 1 also request the general waiver with respect to all the previous announced appointments. Chairman Sanchez: All right. There is -- Commissioner Winton: Second. Chairman Sanchez: -- a motion with all the necessary waivers for all the nominees of all the boards stated on the record by Commissioner Allen. There is -- it was second by Commissioner Winton. It is open for discussion. Hearing none, it's a resolution accepting all nominations. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." It carries. Congratulations, Commissioner Allen. Commissioner Allen: Thank you. Chairman Sanchez: Finally, you caught up with all those appointees. I haven't done that in seven years. BC.3 05-00051 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Luis Revuelta Commissioner Johnny Winton City of Miami Page 70 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Kricket Snow Commissioner Johnny Winton 05-00051-memo-1 .doc 05-00051- members-2 .doc 05-00051-application-3.pdf 05-00051-resignation-4.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0104 Note for the Record: Commissioner Allen nominated James Black to the Planning Advisory Board, however, said motion died for lack of a second. A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint Luis Revuelta and Kricket Snow as members of the Planning Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to past absences of Luis Revuelta as a member of the Planning Advisory Board. Chairman Sanchez: All right. BC.3. BC.3 is a resolution of the Miami City Commission appointing certain individuals as members of the Planning Advisory Board for terms as designated herein. Commissioner Winton, you have two appointees. Commissioner Winton: I would like to reappoint Luis Revuelta and Max Strang. Would like to thank him for his service. He had to resign due to business pressures, and going to appoint in his place Kricket Snow. Chairman Sanchez: All right. Priscilla A. Thompson (City Clerk): We -- Vice Chairman Gonzalez: Second. Chairman Sanchez: No. Let's do them all together, including waivers. Listen, we're -- Commissioner Winton: Including waivers. Chairman Sanchez: -- going to include waivers. Now, I have Dana Manner, right? Was he my appointee today? Ms. Thompson: He -- you have serving Dana Manner. Chairman Sanchez: Well, he's back in law school, so -- Ms. Thompson: OK. Chairman Sanchez: -- he won't be participating anymore, so 1 have to come up with somebody else. I'll defer. Let me tell you, let me encourage my colleagues to in -- I know it's hard to interview people and get the right people in these boards, but they have to show a commitment to being a part of the board. City of Miami Page 71 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Winton: Particularly this one. Chairman Sanchez: Because they'll come maybe three or four times, and then they won't come anymore. Commissioner Winton: This is a big board. Chairman Sanchez: Yeah. Commissioner Winton: This one. Chairman Sanchez: So, you know, once again, I do take my time to try to appoint people that are going to commit themselves to this responsibly, so at this time, 1'll go ahead and defer that appointee. Commissioner Allen has already appointed his, so Commissioner Regalado has an appointment -- Ms. Thompson: No. He had -- Commissioner Allen hasn't appointed on BC.3. He has not yet. Commissioner Allen: Mr. Chairman, could 1 ask you to hold mine for a second? Chairman Sanchez: What did he say? Commissioner Winton: Hold for a quick second. Commissioner Allen: Hold for one second. Chairman Sanchez: On this appointment? OK. All right. Commissioner Winton.: How about Commissioner -- oh, Commissioner -- Chairman Sanchez: Commissioner Regalado is not here and he's got one nomination or one appointee to that board. Vice Chairman Gonzalez: He's going to defer that. Chairman Sanchez: He's going to defer, OK, so -- Commissioner Winton: How about go to the next one then? Chairman Sanchez: We go back to BC.3. Commissioner Allen: BC.3. Chairman Sanchez: Commissioner Jeffery Allen, you have two appointees to that board, sir. Commissioner Allen: Right. With respect to BC.3, we -- reappointing Mr. Black, BC.3, and I think I have one other -- Chairman Sanchez: What was that? Who did we appoint? Joe Arriola (City Manager): That's Chip Black, guys. Commissioner Allen: Right. City of Miami Page 72 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Winton: Don't we have a problem with him? Mr. Arriola: Yes, lots of problems. Commissioner Allen: Well -- Commissioner Winton: I mean, that's what I'm -- I'm kind of hearing that out and about around there. Mr. Arriola: And the -- Commissioner Winton: I mean, not from you. I haven't heard that from you. Mr. Arriola: -- issue is that this man -- Commissioner Allen: City -- Mr. Arriola: -- has been nothing but a sore on our side of the City. He has done nothing but create problems for the City of Miami -- Commissioner Winton: Of late, because he's got a long distinguished history, but -- Chairman Sanchez: Yeah. Mr. Arriola: And, you know, we have ended up legally in lots of problems that cost us a lot of money for somebody -- Commissioner, I'm sorry. You don't know. You really don't know this person. Commissioner Allen: Well -- Mr. Arriola: You have no idea who this person is and has been a very, very bad person -- Commissioner Winton: Well, that's what I've been -- Mr. Arriola: -- for the City of Miami. Commissioner Winton: -- hearing. 1 haven't heard that from him. I -- Chairman Sanchez: All right. Commissioner Allen: Well -- Chairman Sanchez: Hey, listen, we're not going to into this debate right now. You know, there's a motion. Is there a second? Is there a second? Hearing none -- Commissioner Allen: Well, this is -- respectfully, this is my reappoint, so I would assume that -- do I need a motion, Madam Clerk? Chairman Sanchez: Yes, you do. Commissioner Winton: Of course. Commissioner Allen: Otherwise, I can't go forward? Chairman Sanchez: Yes. City of Miami Page 73 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Winton: Well, not with him. Chairman Sanchez: You need a second. Commissioner Allen: Even -- Chairman Sanchez: You don't have it -- Chairman Sanchez: Even on a board -- Chairman Sanchez: -- so it dies on the floor. Commissioner Allen: It dies on the floor. Chairman Sanchez: All right. It move -- Commissioner Allen: Well -- Chairman Sanchez: Is there any other individual you'd like to appoint to that board? Commissioner Allen: Well, since I won't get the support, 1 would assume that, again, 1 will remake the appointment again, with Mr. Black, reappointing him on the Planning Advisory Board, so it appears that I'm not going to get a second here, so why don't I just -- why don't I defer this, if I could then, OK, so that we can -- Chairman Sanchez: All right. BC.4 has been deferred. Commissioner Allen: Right. Chairman Sanchez: All the names proffered on BC.4 -- Ms. Thompson: Sir. Chairman Sanchez: -- that have been stated on the record -- Commissioner Winton: BC.3. Ms. Thompson: BC.3. Commissioner Winton: We're on BC.3. Chairman Sanchez: I'm sorry, BC.3. BC.3, all the names that have been proffered that received a second, OK, there is a motion and a second. I'm going to call for a vote. All in favor, say -- who made the motion? I believe Commissioner Allen made the motion. Commissioner Allen: Yeah, 1 make a motion that we defer BC (Boards and Committees) -- oh, we're speaking BC.3. Chairman Sanchez: Your appointment. Commissioner Allen: My -- Chairman Sanchez: Yes. City ofMiami Page 74 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Vice Chairman Gonzalez: Second the deferral. Commissioner Allen: Right. Commissioner Winton: So -- Commissioner Allen: But if I may, just for clarification purposes, Madam Clerk, I do have two nominations that I can make on that -- Vice Chairman Gonzalez: Right. Commissioner Allen: -- particular board. However, 1 was only prepared to make one, which was a reappointment of Mr. Black. Ms. Thompson: That is correct. Commissioner Allen: And 1 do see that I didn't get the necessary votes to -- Ms. Thompson: The second. You didn't get a second. Vice Chairman Gonzalez: Let me -- may I? Commissioner Allen: Yeah, sure. Vice Chairman Gonzalez: Could you yield? Could you yield? Commissioner Allen: Yes. Vice Chairman Gonzalez: Isn't Mr. Black up for -- he has eight years of service, right? He's going to have eight years next month? Mr. Arriola: He has exceeded his term, too, by the way. Ms. Thompson: No, not according to our records, he has not. Mr. Arriola: He's been here eight years. Chairman Sanchez: All right, listen, let's not debate it anymore. There wasn't a -- Commissioner Allen: So -- Chairman Sanchez: -- second on -- Commissioner Allen: Yeah. I -- Chairman Sanchez: Listen, I've got to maintain quorum here, OK. Commissioner Allen: I made a motion to -- Chairman Sanchez: There wasn't a second, so he -- Commissioner Allen: Since I don't get the support, I'll -- we'll defer it, if we could. Chairman Sanchez: OK. Your appointment has been deferred. City o1Miami Page 75 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Allen: Right. Chairman Sanchez: You appointed one. Commissioner Allen: Yeah, with respect to -- Chairman Sanchez: All the names proffered on BC.3-- Commissioner Allen: With respect to both -- with the entire BC -- Chairman Sanchez: OK. Commissioner Winton: I'll -- Commissioner Allen: -- BC.3, if you will. Commissioner Winton: I will move -- Chairman Sanchez: There's a motion by Commissioner Winton. Commissioner Winton: -- that the other names that have been proffered, I will move to accept those names. Chairman Sanchez: To include the waiver. Commissioner Winton: To include the waiver. Chairman Sanchez: If there's any waiver, OK, and the Vice Chairman Made a second, OK, so we've beaten this horse to death. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. BC.4 05-00061 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Paula Xanthopoulou Commissioner Johnny Winton Mary Racilia Smith Chairman Joe Sanchez Nancy Dawkins Commissioner Jeffery Allen Karen Cartwright Commissioner Jeffery Allen 05-00061-memo-1.doc 05-00061-MEMBERS-2.doc City of Miami Page 76 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0105 A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint Paula Xanthopoulou, Mary Smith, Karen Cartwright and Nancy Dawkins as members of the Commission on Status of Women. Chairman Sanchez: BC.4, it's a resolution of the City of Miami Commission appointing certain individuals as members of the Commission on the Status of Women for the term designated herein. Commissioner Winton, you have one appointee. Commissioner Winton: Paula Xanthopoulou. Chairman Sanchez: OK. I have two. Who are they, Madam Clerk? Priscilla A. Thompson (City Clerk): Currently, you have Mary Smith, and then Victoria Varela resigned. Chairman Sanchez: She resigned? Ms. Thompson: Yes. Chairman Sanchez: How about the other lady, she attending the meetings? Ms. Thompson: Yes, she's fine. Chairman Sanchez: Well, I'd like 10 renominate her. Vice Chairman Gonzalez.: All right. Second. Chairman Sanchez: OK. Commissioner Regalado has one. Commissioner Allen, you have two appointments there on the Status of Women. Commissioner Allen: Right, and we'll also go back to BC.3, which I had to step out. Right. Chairman Sanchez: OK, so you've done all your appoint -- Commissioner Allen: But with respect to BC.4, I have a reappointment, Karen Cartwright, and a new appointment, Ms. Nancy Dawkins with respect to the Commission on the status of women. Chairman Sanchez: All -- Commissioner Allen: And -- right. Chairman Sanchez: All right. That's BC.4. Commissioner Allen: Right. Chairman Sanchez: With all the waivers. City ofMiami Page 77 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Allen: Yeah, with all the -- Chairman Sanchez: The names that have been proffered -- Commissioner Allen: That's correct. Chairman Sanchez: -- or the names that are -- nominees. Vice Chairman Gonzalez.: Second. Chairman Sanchez: There's a motion by Commissioner Allen, second by Vice Chairman Gonza lez for the purpose of -- there's no discussion on the item. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." We go back -- it passes unanimously, Madam Clerk. City ofMiami Page 78 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 DI.1 04-01316 DI.2 04-01295 DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. 04-01316-cover memo.pdf DEFERRED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to defer Item D1.1 to the Commission meeting currently scheduled for February, 24, 2005. Chairman Sanchez: All right. Just for the record, DI.1 is being asked to defer to February the 24th Commission meeting; is that correct? Commissioner Winton: Which one? Chairman Sanchez: DI. 1. DI I, is there a motion to defer the item for the February 24 meeting? Commissioner Winton: So move. Vice Chairman Gonzalez: Second. Chairman Sanchez: Motion by Commissioner Winton, second by Vice Chairman Gonzalez. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay.' DISCUSSION ITEM DISCUSSION AND POSSIBLE RESOLUTION REGARDING A POSSIBLE SETTLEMENT IN THE MATTER OF NATIONAL ADVERTISING V. CITY OF MIAMI. (BILLBOARD LITIGATION) 04-01295-email. pdf DEFERRED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to defer Item DI2 to the Commission meeting currently scheduled for February, 24, 2005. Chairman Sanchez: Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes, and also, DI2 is not ready to come in front of you today. Chairman Sanchez: All right. Is there a motion to defer DI.2 to February the 24th? City of Miami Page 79 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Winton: So move. Vice Chairman Gonzalez: Second. Chairman Sanchez: Motion by Winton, second by Vice Chairman Gonzalez. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Both DA. 1 [sic] and DA.2 [sic] have been deferred to February 24, Madam Clerk, for the record. City of Miami Page 80 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 PART B PZ.1 04-01389 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A TEN -FOOT ALLEY LOCATED SOUTH OF NORTHEAST 17TH STREET BETWEEN NORTH MIAMI AVENUE AND NORTHEAST MIAMI COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." 04-01389 Exhibit A.PDF 04-01389 Legislation.PDF 04-01389 Application & Supp Docs.PDF 04-01389 ZB Reso.PDF 04-01389 Aerial Map.pdf 04-01389 Zoning Map.pdf 04-01389 P&Z Analysis.PDF 04-01389 Public Works Letter.PDF 04-01389 Public Works Analysis.PDF 04-01389 Fact Sheet.pdf REQUEST: Official Vacation and Closure of an Alley LOCATION: Approximately South of NE 17th Street Between N Miami Avenue and NE Miami Court APPLICANT(S): Filling Station Lofts LLC, Owner and Contract Purchaser and Jersy Ltd APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on September 22, 2004 by a vote of 6-0. ZONING BOARD: Recommended denial to City Commission on November 22, 2004 by a vote of 4-4. PURPOSE: This will allow a unified commercial development site. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Allen Absent: 2 - Commissioner Sanchez and Regalado R-05-0106 Chairman Sanchez: We move on now to DI [sic], which was deferred, correct? DI [sic]. Jorge L. Fernandez (City Attorney): And D2 [sic]. City of Miami Page 81 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Joe Arriola (City Manager): Both. Mr. Fernandez: DI [sic] and -- Chairman Sanchez: So we go to DI.2 [sic], which is a discussion on the possible resolution regarding a possible settlement. Are we red -- Mr. Fernandez: That's also been continued. Priscilla A. Thompson (City Clerk): That was -- Commissioner Winton: No, he -- Vice Chairman Gonzalez: That was deferred. Chairman Sanchez: So that's also been -- OK, that was also deferred, so at this time, before --1 think, Madam Clerk, are we done with the regular? Ms. Thompson: Yes, sir. Chairman Sanchez: OK. Before we go into the single zoning item, let me just state that, as Chair, I'm very strict -- and we've made it very clear that PZ (Planning & Zoning) items will be heard on the second meeting of every month. However, based on the presentation that was made to me by the City Manager, there was a mistake, that he pulled the item, and out of due respect, after speaking with all the parties, there is a time frame to this, and it was not in their fault, so therefore, out of respect, I will allow this item, PZ. 1, to be heard today. However, in the past, 1 want to make it very clear. PZ items will only be heard on the second meeting of every Commission. Commissioner Allen: I admire that, Mr. Chairman. Chairman Sanchez: OK, so at this time, I want to take the opportunity to thank the Department Director of Agenda -- the Agenda's office for working with us. Vicky Guerrero has been superb. The Manager's office, the City's Manager, and in general, keeping all the agenda simple, straight forth, and streamlining it, and as you could see, it has been more efficient, and today we're getting out of here by 12:30, something that has never happened in this City because we have been able to streamline the agenda, where it compliments us as a professional legislative body, and it compliments the people we serve that don't have to be here until 2:30 in the morning to talk on an item. Commissioner Allen: Right. Chairman Sanchez: OK, so having said that -- Commissioner Allen: Mr. Chairman, if I may. Chairman Sanchez: Yes, sir. You're recognized. Commissioner Allen: 1 have to interrupt you, but we're going to be moving to a PZ item. 1 have a pocket item that I can dispense with -- Chairman Sanchez: We'll get the pocket items -- Commissioner Allen: -- quickly. City of Miami Page 82 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Chairman Sanchez: -- after the PZ items. Commissioner Allen: Right, OK. Sure. Chairman Sanchez: Yeah. OK, so let's go to the PZ item. Do we -- Madam Clerk or Mr. City Attorney, if we could just go into the PZ item. We don't need -- Mr. Fernandez.: Yes, you can. Chairman Sanchez: OK. Mr. Fernandez: You can roll right into it. Chairman Sanchez: OK, so we'll go into the PZ item, which is a resolution. Ms. Thompson: Excuse me. Chairman Sanchez: Madam Applicant, I apologize for the inconvenience. Commissioner Winton: Wow. Ms. Thompson: I'm sorry. I just want to make sure with the City Attorney, the swearing process. Mr. Fernandez: Oh, yes -- Chairman Sanchez: Yes. Mr. Fernandez: -- most definitely. Chairman Sanchez: All right. All those wishing to testify either for or against this item need to stand up, raise their right hand and be sworn in by the City Clerk. Also, all those testifying in front of this City Commission, if you're representing a client or lobbyists, must register with the City. We will not allow boisterous or loud noises or anything that's obscene at this Commission meeting, so having said that, is there anybody we need to -- Commissioner Winton: Sometimes the public may consider us to be obscene. Chairman Sanchez: Well, sometimes we are. Sometimes you are, but we just "beep"you out, that's all. All right. Do we need to swear anybody in? Ms. Thompson: Yes. Chairman Sanchez: All right. All those testifying on this PZ item, please raise your right hand to be sworn in. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Sanchez: OK. Madam Applicant, you're recognized. Lucia Dougherty: Thank you, Mr. Chairman, members of the board, Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the Filling Station Lofts, which -- just going to show you do a map of this general district, which is, as you can see, is getting very lofty. City of Miami Page 83 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 We have -- the location of the subject property is right here. We have Parc Lofts that is catty - corner, Bay View Marketplace, which is going to be coming before you very soon, is directly across the street, again, catty -corner, south of the Miami cemetery, and in order to do this project, which you've seen several times, we need to do an alley closure. The alley closure is in the middle of the block here, and what we're doing is actually taking the alley and moving it perpendicular instead of parallel to the block, so we're going to actually have an easement coming across here, so the public purpose is basically to transform a neighborhood, which Henry Harper is, in fact, a pioneer of the neighborhood, just to show you a couple of pictures of what it currently looks like, and what we hope to see it transformed into is a very vibrant community. This is a rendering of the ground floor, which is almost 100 percent retail. It's going to have a full basketball court in the project -- I can go on, if you -- continue, if you would like? Commissioner Winton: No, no, no, no, I -- Chairman Sanchez: No. Ms. Dougherty: OK. Commissioner Winton: We need staff recommendation so we can get going. Chairman Sanchez: Yeah. Lourdes Slazyk (Assistant Director, Planning & Zoning): For the record, Lourdes Slazyk, Planning Department. The staff recommendation had been for denial because of the public purpose or the public benefit component. Commissioner Allen: Yeah. Ms. Slazyk: I understand, and I think Ms. Dougherty can probably expand on it, that there has been some landscaping out there in front of the cement -- Ms. Dougherty: Yes, there is a (UNINTELLIGIBLE) -- actually, a concrete batch plant that is directly across the street from us. Commissioner Allen: Right. Ms. Dougherty: It is located, again -- sorry I'm doing this. Commissioner Allen: Lucia, just one quick second -- Ms. Dougherty: Yes, sir. Commissioner Allen: -- so that I could be on the same page. Ms. Dougherty: Sure. Commissioner Allen: I guess the concern with the Planning Department is the public purpose aspect of it? Ms. Slazyk: Right, the public -- Commissioner Allen: OK. Ms. Slazyk: -- benefit. At the time that this was filed and went -- City of Miami Page 84 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Allen: Right. Ms. Slazyk: -- to the Plat and Street Committee and the Zoning Board, there was no public benefit presented, and like I said, I believe that something was going to be proffered now, but at that time, there was none, so our recommendation had been for denial. Commissioner Winton: So -- Ms. Dougherty: But we think that the public benefit is a revitalization of the whole neighborhood, but in fact, if you go and drive in front of this concrete batch plant currently, my client, from across the street, has landscaped the whole front of the concrete batch plant, so they've already landscaped public property to screen the batch plant from the public in this new neighborhood. Commissioner Allen: OK, so right now, you're proffering your public benefit? Ms. Dougherty: It's already done. We proffered it and actually, its already planted. Commissioner Winton: Proffered and did it. Commissioner Allen: Did it. Commissioner Winton: Past tense, not a future promise. Vice Chairman Gonzalez: All right. Commissioner Allen:: Well, how does -- Commissioner Winton: And I would like to add to the public purpose. In plenty of areas, particularly in my district, there's been a lot of alleyways, and there's alleyways that allow people to build bigger projects where you don't necessarily want a bigger project, and so the trade-off for public purpose has -- you really want to get something back from those developers because it isn't in a zone many times that needs stimulated economic development. It's in a zone where that's already happening, so we want a clear-cut public purpose; its harder to find it. This one is easy. This is in an area of slum and blight. There is no jobs. There is no development. There is no nothing back there. It's just a mess, and we've been able to get -- fortunate that we've had a couple of developers that are coming back in there that can change this area that is just awful into a part of a vibrant community, and that all by -- never mind the fact that they're recreating an alleyway, so that there's almost a trade, but they're also doing landscaping. The most important thing that I think they're doing is providing real economic development, and the retail sector of that economic development is going to bring jobs, so I think the public purpose in this alley closure is crystal, crystal clear, and so I move it. Commissioner Allen: Mr. Chairman, if I may weigh in just a minute here or two. I understand your concerns, Commissioner Winton. Of course, I'm in favor of development that can eliminate any slum and blight. I just want to know both procedurally with the City Attorney's office -- because we've had discussions previously about last minute proffers, but it appears to me that they've already done -- Ms. Slazyk: They did it, yes. Commissioner Allen: They've already did it, so frankly, technically, I don't know how the City Attorney weighs in on it, but -- City ofMiami Page 85 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Ms. Slazyk: And it isn't a covenant. This isn't a land use and zoning change, so it's not a covenant that's being proffered Commissioner Allen: That's necessary, right. Ms. Slazyk: What they're doing is showing their public benefit in a landscaping beautification -- Commissioner Allen: Landscaping, right. Ms. Slazyk: Right. Commissioner Allen: But does that -- how does that -- Ms. Slazyk: Yeah. We have no objections because that is actually -- it's very good for this area. If you look at the aerial photographs in your package, you'll see that trees are very necessary in this neighborhood, and -- Commissioner Allen: Correct. Ms. Slazyk: -- what they did begins to bring back some sort of canopy to the neighborhood and greenery. Commissioner Allen: OK. Vice Chairman Gonzalez: All right. Does that conclude your presentation? Ms. Dougherty: It does, thank you. Vice Chairman Gonzalez.: OK. This is a public hearing. Anybody in favor or oppose that want to address the Commission? OK. Seeing none, hearing none, the public hearing is closed. Commissioner Winton. Commissioner Winton: I moved it. Vice Chairman Gonzalez: OK. We have a motion. Commissioner Allen: Second. Vice Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: Motion carries. Ms. Dougherty: Thank you very much. Commissioner Allen: Yeah. And Ms. Dougherty, could you step over here, once you're done, for a second? City of Miami Page 86 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 NON -AGENDA ITEMS NA.1 05-00148 DISCUSSION ITEM Presentation by Mayor Diaz regarding concerns related to the impact on the City of Miami from proposed cuts and changes to the Community Development Block Grant (CDBG) funding under proposed federal budget. 05-00148-corresponde nce. pdf DISCUSSED Chairman Sanchez: We go to -- I believe the honorable Manny Diaz is here and would like to be recognized. Mr. Mayor, welcome. Always a pleasure to have you down here, sir. Mayor Manuel A. Diaz: Thank you, Mr. Chairman. I want to spend a couple of minutes with all of you -- Chairman Sanchez: OK, before you do that -- (Comments made in Spanish not translated). Yes, they are taxpayers. Commissioner Winton: Noisy ones. Chairman Sanchez: (Comments made in Spanish not translated). Mayor Diaz: Wanted to spend a couple of minutes bringing you up to speed and discussing with you an issue of tremendous grave consequences for the City of Miami. All of us have been, over the past few weeks, monitoring the proposed fiscal year '06 budget. This past Monday, the President released the budget. In the budget, the CDBG (Community Development Block Grant) program, as we have known it for the past 30 years, will no longer exist. This is a program that was created under President Nixon, and has always, always enjoyed wide bipartisan support. Commissioner Winton: Tomas, you voted for him. Mayor Diaz: It is a program that we have used and other cities and counties across the country have used to create jobs, increase economic development opportunities, expand homeownership, and most importantly, it is a program whose funds we have used to help and serve the neediest in our community, especially our elders and our children. You will all remember two years ago that we were already hit with a 21 percent cut, and that we had, at the last minute, to come up with $300, 000 from my Anti -Poverty Initiative account so that many of our seniors in the City of Miami would not go hungry. This proposed cut, as it exists today in the budget, could be as much as an additional 50 percent. I don't need to tell you how devastating that is for our community. All of us have done everything within our power to help our seniors and to help the neediest in our community through our careers. We should be proud of that record and of our long-standing commitment to the people of Miami. All of us recognize that the federal elimination offunding areas dedicated or designed to serve urban areas is not going to solve the problem. What is merely happening here is that there's a shift of responsibility from something that is morally and socially the responsibility of the federal government, and it is being -- try -- they are trying to impose it on local government. CDBG, housing, health care, all are being cut drastically. Local governments, all of us -- I don't need to tell you local governments cannot fund these projects; certainly, not without taxing our residents to the fullest. Let's remember, we are at the bottom of the totem pole. The State cuts -- Commissioner Allen: Cuts. Mayor Diaz: The federal cuts the State; the State cuts, and then all the way down to us. We City of Miami Page 87 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 have no room to cut. We are at the bottom of that totem pole. We have no one to pass it down to . We are also the recipients of the brunt of the issue and the brunt of the problem because, as all of us know, notwithstanding the fact that the programs get eliminated, the need continues to exist, and in fact, the need often gets greater. We are on the ground floor. When these cuts are made in Washington and these cuts are made in Tallahassee, people don't go to Tallahassee and people don't go to Washington, D.C. They come here to City Hall. They catch us at the corner grocery store and they hit us with their need and their desire for us to support them. 1 want to advise you of some of the steps that I have already taken. Immediately on the heels of the President's announcement, I wrote a letter, which you have in that package that has just been distributed to you. I wrote a letter to the President opposing the budget cuts. I have also written our Congressional delegation, the four local congressmen and congresswomen, opposing the cuts -- as well as the two senators -- opposing the cuts and requesting their support for a waiver of the 15 percent public service cap, assuming that still exists. Also in your package is a memo, where I have named the task force, to be co-chaired by Chairman Sanchez and Vice Chairman Gonzalez. You will see in the memo that I would like the task force, among other things that they may come up with, to study the following issues: One, to quantify the fiscal and social impact of the proposed elimination of the CDBG program; number two, to educate the rest of us, the administration and the people of Miami with respect to your findings; to form coalitions with our County and other municipalities, as well as our business community and non-profit organizations; to develop a strategy for saving CDBG and securing full funding from Congress, and finally, to develop contingency plans in the event all of these efforts are unsuccessful. We have time. There is no current immediate danger. The funds are there for the current fiscal year to continue to operate at the levels that we're operating today. However, I recommend that the prudent step is to allow this task force to study the magnitude of the problem and to come up with the solutions as quickly as possible. I want to thank both of you for agreeing to serve on this task force. This could very well be the toughest assignment, the toughest task that you will have during your terms in office. Finally, Mr. Chair, 1 would ask your indulgence to declare a 15-minute recess, some time around 11 a.m. this morning, for a press conference that we're going to hold outside. Tuesday, in Washington, D.C., the United States Conference of Mayors, the National League of Cities and the National Association of Counties, as well as other groups, came together to oppose the proposed budget. Today, here at 11 o'clock, we're going to do the same. We're going to have representatives from the local League of Cities, as well as many County officials who will be joining us, community leaders and other business leaders. This is an area of critical concern for all of us. We have to do everything we can to save these -- this program that has benefited and helped the people of this community for three decades. Thank you very much. Commissioner Allen: Yeah. Chairman Sanchez: Thank you very much, Mr. Mayor. It's open to the Commission. Commissioner Allen. Commissioner Allen: Yeah, Mr. Chairman, if I may. Mr. Mayor, I think this is a great effort on your part. I would also add that 1 will probably volunteer my district, and I would like to also serve in addition to this committee that you put together, the steering committee, and that's largely because I do know most of these individuals that you've written letters to, and I do have some pretty substantial contacts in the Washington, D.C. area, both at the Senate level and at the Ways and Means Committee, so I look forward to lending a hand with respect to this because it will clearly impact my community, my district as we receive a great deal of the CDBG funding, so 1 want to thank you for your efforts, and I look forward to working with you, as well as the chairperson, as well as my fellow ranking Commission members. Thank you. Chairman Sanchez: Anyone else from the Commission? If not, I'd like to say, I -- you know, after reading all these documents and basically seeing what the President's budget proposals are, I could tell you that these cuts will have a devastating impact to our social service programs City ofMiami Page 88 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 in our community, not only on childcare but also on the elderly feeding programs that we have, and I do believe that, if one thing that we need to do is -- and I think all the Commissioners have had their CDBG meetings -- and the concern that we have -- because I don't think anyone in -- no one here, including the Mayor or any of the Commissioners, want to see any child deprived of their services, whether it be childcare or any service they receive pertaining to social services, and then the other issue, there's no one who wants to see any elderly person go to bed at night hungry, so we will work -- and I'll tell you this much, this will have to be a unified force. We've made it very clear -- I made it very clear in my CDBG meeting that this is a unified force with all the service providers, the local government and all those that can get together behind us and lead the charge, whether it is that we do another campaign like we did two years ago, we signed cards and sent to Washington, or that we basically put together all -- whatever resources are available to get that message to Washington that this is devastating not only to us, but other municipalities throughout the United States, but of course, as the Mayor stated, you know, federal -- the federal government cuts -- reduces the budget or cuts, the State also cuts, and then we're at the bottom, and of course, all these money is 100 percent federal dollars, nothing from the City, so once again, Mr. Mayor, 1 want to thank you for allowing me to serve as the Chair and having the trust that you instilled in me -- myself and Commissioner Gonzalez, and of course, all those that are here, they're going to have to work together to see what we do, so at the end of the day, whatever it is that we need to do and go out and explore all the possibilities that exist to make sure that we do everything within our power to protect the social services that so many of our residents depend on. Thank you. Vice Chairman Gonzalez: Mr. Chairman. Chairman Sanchez: Vice Chairman Gonzalez, you're recognized. Vice Chairman Gonzalez: Mr. Mayor, I also want to thank you for the appointment to serve in this committee. All I can promise you is that I'm going to give all my effort. I'm going to dedicate to it as much time as is needed and as much effort as is needed to see if together we can find a solution to this difficult situation. You know, this is terrible. Everybody knows the impact that these cuts are going to have in our city, especially on the most needy person of our city, which are the senior citizens and the kids and the youth, and let me tell you, I can't reason how this is done. We hear the government, the federal government talking about preserving our youth and talking about our kids attending schools and graduating from high school, and on the other hand, we're taking the support that these youth and these kids need to prevail in life, so you know, it's really astonish what is happening, but once again, I compromise myself to work with my colleagues and to work with everyone to make sure that we find a solution. One thing that 1 would like to be translated to the senior citizens -- and I don't know if we have the translator here. Ondina Suarez (official Spanish interpreter): Good morning. Vice Chairman Gonzalez (translated by Ondina Suarez): Good morning. 1 want our senior citizens present at the chamber today and everyone that is watching this Commission this morning to know that this Mayor and this City Commission that -- the Mayor, the City Commission and the Manager, and the Administration of the City of Miami is going to do everything that it takes to make sure that they keep their meals and their services at the same level that they have had up to date, independent from the actions of the federal government, whom are the ones that are producing these cuts and are about to deprive them of their daily means, so they can be at peace that they're going to be eating everyday and that we're going to -- and that we, at the local level -- (Applause) Vice Chairman Gonzalez.: -- are going to do everything as possible to be able to give you your City of Miami Page 89 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 daily food. Thank you. Ms. Suarez: Thank you, Commissioner. Chairman Sanchez: (Comments made in Spanish were not translated.) OK. Anyone else from the Commission? If not, at the request of the Mayor, at 11 o'clock we will have a 15-minute recess for the press conference that the Mayor has called. OK. We'll move along -- Miriam Urra: Commissioner, excuse me. Chairman Sanchez: Yes. Ms. Urra: 1 would like to -- Chairman Sanchez: Absolutely. Ms. Urra: -- speak a few moments. Chairman Sanchez: Yes, absolutely. We'll open it for the public. Ms. Urra: Excuse me for my voice. I have a bad cold. Chairman Sanchez: Welcome to City Hall. Your name? Ms. Urra: My name is Miriam Urra. I'm the executive director for Allapattah Community Action, Inc., located at 2257 Northwest North River Drive, in District 1. I'm here today because recently, just a few days ago, the City held a public hearing in our community regarding the Community Development Block Grants Program. The news regarding allocation of funds was very bad, very sad to all of us. They -- you know, they stated -- a City official stated there at that meeting that cuts in CDBG funding will be for this coming fiscal year about 30 percent. That actually will make a very big impact in our programs, in our ability to provide fundings [sic] to the elderly, poor, the ill, the frail of this community. Actually, we're very concerned. We think that we need the efforts of all the leaders of this city, a level -- at local level, at state level, and also, very strongly at federal level to help us resolve this situation. 1 think that a lot of poors [sic ] in the community and we have a great amount of elderly in the City of Miami that are in need of social services, like hot meals, which are main services that they need -- they are in need of, housing, public housing, what you call affordable housing, what you call hot meals, not to mention Medicaid, Medicare, services for children [sic] that are in need. This is going to be a disaster. This is going to make a big impact on all of the providers in the City of Miami, as well as other cities in the United States. 1-- actually, I was -- I'm very sick. I have a bad cold. I'm been very uncomfortable, but I said to myself I'm going to be here and I need to voice my concerns to the leaders of this City, which are my friends and are the friends of the community, and I urge you to do something about it. I'm here to ask you what is the approach that the City leaders -- Commissioner Winton: Did you just miss the Mayor's presentation? Unidentified Speaker: She got here late. Ms. Urra: I just did. Chairman Sanchez: Yeah, she got here late. Vice Chairman Gonzalez: Well, Miriam -- City of Miami Page 90 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Ms. Urra: Excuse me. 1 was not here. Vice Chairman Gonzalez: May -- Ms. Urra: Sorry -- I'm sorry about that. Vice Chairman Gonzalez: Mr. Chairman, may I respond to -- Ms. Urra: I just got his last words, so -- Vice Chairman Gonzalez: OK, Miriam, the Mayor has just appoint a committee -- Ms. Urra: Um-hmm. Vice Chairman Gonzalez: -- that is going to work in conjunction with the agencies' directors, with County elected officials, with State elected officials, with different groups and different organizations to find a solution to your problem, to the problem of the agencies. Ms. Urra: Oh, that -- Vice Chairman Gonzalez.: We're going to find a solution, but I just made a statement that we are assuring you, at this Commission meeting today, that you're going to be maintaining the same level of services that you have had up-to-date, no matter what. We're going to work on different angles. We're going to find different solutions, but you know, you can be at peace that this year we're not going to have a problem, and we're going to be working to find solution for the following years, so -- Ms. Urra: Well, that's very comforting -- Vice Chairman Gonzalez: Right. Ms. Urra: -- Commissioner. I -- Vice Chairman Gonzalez: And the Mayor just invited the directors of different agencies for a press conference that he's going to held at -- Chairman Sanchez: At 11. Vice Chairman Gonzalez: -- 11 o'clock this morning in front of City Hall. Chairman Sanchez: We'll see you at 11 o'clock at the press conference. Ms. Urra: OK. I have a lot of elderly participants that are very concerned and they have voiced their concerns in regard to all these cuts. Now I have another concern. At that hearing, Ms. Barbara Rodriguez, from the Department of Community Development, informed us that it's a possibility of the HUD (Department of Housing and Urban Development) -- the Community Development Block Grants being transferred to the Department of Commerce, and if this happen, there is a big possibility that social services will be lose, so I -- Chairman Sanchez: But -- Vice Chairman Gonzalez: Yes, yes. Chairman Sanchez: This -- City of Miami Page 91 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Vice Chairman Gonzalez.: In -- Ms. Urra: -- I'm not so clear on -- Vice Chairman Gonzalez: -- fact -- Ms. Urra: -- that, and I'd like to have someone give -- Vice Chairman Gonzalez: In fact, that is true. That is possible and that's why, once again, the Mayor has created this task force, or this committee to start addressing the different problems that we could be facing next year or the -- Ms. Urra: That would be great, sir. Chairman Sanchez: Miriam -- Vice Chairman Gonzalez: -- following year, and they have solutions in place for when that time comes. Chairman Sanchez: This task force will address all those issues and when -- I would say, within the next 24 hours, we should have a plan of action at least put together, which is going to require a unified force of everyone, including your agency, to assist us in that long path to Washington to try to do what we can to save and make sure the cuts doesn't happen. If not, we're looking -- and we'll explore all the other possibilities to try to come up with the money so your clients don't lose their -- Commissioner Winton: Mr. -- Ms. Urra: My clients and other agencies' clients -- Chairman Sanchez: Exactly. Ms. Urra: Exactly -- actually is the -- Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes. Commissioner Winton: I've sat here biting my tongue, and I want 10 be much clearer about something. The disaster that you're speaking of is a real disaster and it's likely to happen, and it isn't going to be 30. It's probably going to be 50 percent cut, and it isn't the federal government. It's the President of the United States of America that's leading the charge to reduce social services payments and support to citizens across the United States of America. It isn't the federal government; it's the President. This is his program. His mission is to reduce social service commitments to folks at the local level, end of story, and so, if you think -- if anyone thinks that local government's going to be able to step up and fill the gap, everybody's sadly mistaken. It is not going to happen at the local level, so unless we get real energy from you directed in the right way, not to us, not to us, but energy directed the right way, which is to the White House, then we're going to all lose, and we're all going to be paying the price. The senior citizens are going to be paying the price because meals will be cut next year and the year after next. Services to youth will be cut next year, year after next and beyond unless we can rally communities around the United States to go to the White House and force a change in fundamental philosophy about people who need support -- Ms. Urra: I -- City of Miami Page 92 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Winton: -- and it isn't going to be us. Ms. Urra: Well, sir, I can certainly tell you that the reason that I'm here today is because you're our local leaders and you are the first that we approach, and I cannot expect less than what's going to happen creating this committee to try to take a good approach to resolve the situation. You are our main leaders. You are our local leaders, the one that we elected to help us, to represent us in a fairly manner. Before the state and the federal governor [sic], of course that you need our input and you need all the help that you can get from us, and I'm willing to do anything that 1 can to help with the situation. All I can say is that you don't balance a budget cutting the poor. You don't balance a budget cutting the children, the poor -- Chairman Sanchez: I think we -- Ms. Urra: -- children of America. Thank you. Chairman Sanchez: I think that we agree with you on that, so thank you so much. Ms. Urra: Thank you very much. Chairman Sanchez: Commissioner Regalado. Commissioner Regalado: Just a brief comment. This is nothing new. This happens all the time. When the State of Florida needed money, they cut Medicaid. They suspended dentures. They suspended the glasses for the elderly. Every time that the federal government or state government, or even local governments cut, it's the little people that get screwed. That's the bottom line, and what we need to do now is direct our energy to Washington first because, after all, what the White House has sent is just a proposal, but President don't vote. He has to go to the Congress, and we have many very compassive people in the Congress of the United States, and I'm sure that we will be able to salvage some of the cuts that had been presented, because we need to go after the ear of our elected congresspeople, senators and people throughout the state of Florida need to be mobilized. If we can get the Florida Delegation to come up with ideas to salvage some of this, it would be great. If we can get our State legislature, we can salvage part of this, but at the end of the day, like the Mayor said, is us who are in the trenches, and we will be impacted by any cuts, and we will be asked by these people here and throughout the city to come up with solutions. I mean, if we are going back to the Bible, remember that night when one of those miracles that Jesus did happened, and it happened, the fish and the bread, because the apostles told Jesus, you got to send all these people away to the town so they can find food, and Jesus told them, "You feed them, " so at the end of the day, like Commissioner Gonzalez said and Chairman Sanchez and Johnny, we will be responsible, and the Mayor has step in and we need to find the resources. We need to find the message to convey to the people in Washington. I was looking at some statistics, and the City does have a case, Mr. Mayor. The City of Miami can present a compelling presentation in Washington, a compelling argument. In Miami -Dade County, looking at the tax assessor's numbers, there are 900,000 parcels that are being taxed; 300,000 have homestead exemption; 39,000 have double homestead exemption, and 20,000 are in the City of Miami. That means that these people are almost under the poverty level; $22, 000 is the money allowed now, so we do have a compelling argument. We may be thinking of being reached in the future, but the fact of the matter is that we have a lot of poor people, and we're here to represent those people, and you know, my colleagues will do an extraordinary work. I know that, and 1 will be ready and willing to support anything that they do, but I think that we do have a compelling case to present to Washington, and we do have to work the halls of the Congress because, after all, the CDBG money is not made in Washington. The CDBG money is our money, the money that we send to Washington, and we have the right to get it back, so that's all, Mr. Chairman. City of Miami Page 93 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Chairman Sanchez: All right. Commissioner Allen: Mr. Chairman, if I could just make a quick point -- Chairman Sanchez: Commissioner Allen -- Commissioner Allen: -- as we close this -- Chairman Sanchez: -- you're recognized. Commissioner Allen: -- matter. Just as a helpful hint to madam, here's what I might suggest that you do. Write a letter to Representative Clay Shaw, who's on the Ways and Means Committee, and find out the other representative who's from the west coast of Florida, who's in Tampa, who chairs the Ways and Means Committee. You want to find out everybody on the Ways and Means Committee and that's who you want to contact and send blast letters to, OK? That could help in -- Ms. Urra: Well try. Commissioner Allen: -- a great deal, OK? Ms. Urra: We'll try anything that will help us. I'd like to ask -- add a little statement on our city. Our city is a wonderful city. It's a beautiful city. It's the city that we love in the -- that we love here -- that we live in, and it's a city with wonderful, beautiful buildings in Brickell, throughout the city, but you've got to see at the other face of the city; the city with poor communities -- Commissioner Allen: Right. Ms. Urra: -- that come -- people that come from all over Latin America -- Commissioner Allen: Right. Ms. Urra: -- from everywhere. We keep having people coming in every day. There's not enough money -- Commissioner Allen: Right. Ms. Urra: -- to fulfill the needs of those people. Now, you got to -- don't kid yourself. Commissioner Allen: Right. Ms. Urra: We have a need in this city. This is a poor city. Commissioner Allen: Right. Ms. Urra: It's a wonderful city. I love this city. I won't leave this city for nothing -- Commissioner Allen: Right. Ms. Urra: -- but -- Commissioner Allen: If I may, Mr. -- go ahead. Ms. Urra: -- excuse me, but -- City of Miami Page 94 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Commissioner Allen: Um-hmm. Ms. Urra: -- we need to face -- Commissioner Allen: I know. Ms. Urra: -- our needs. We need -- Commissioner Allen: Right. Ms. Urra: -- to face our problem, and Washington have to realize that balancing a budget, cutting meals for the elderly, cutting social services for the children is not the answer. Thank you very much. Commissioner Allen: Yes. Vice Chairman Gonzalez: Thank you. Commissioner Allen: OK, and make sure you -- Chairman Sanchez: Thank you. Yes, Mariano. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I'm coming not as a service provider or a service receiver, or any of these programs. I come as the taxpayer that pays the money that's supposed to implement all of these programs. This year I am sending already -- last year about $10,000 to Washington. They take a cut out and now they want to send 526 to see the d fference of services. I just came from the VA (Veterans Administration) Hospital. Everything for me is free; lab test, breakfast, everything -- glasses. Everything is free. $69, 000, 000,000 budget. Every time I see about three or four employees per patient, and now they want to cut. I mean, that's good, but be realistic about this because this dining room not going to fulfill the problem of hunger on one meal a day. It's -- the services provide -- they avoid people going to the psychiatrist because they go there, they play bingo, they interact. They, you know, talk to each other. It's -- and I talk to that experience because I was the first social worker of Allapattah Community Action in 1978, and also, I remember it's important to contact the Congress people because those are the ones voting, especially Lincoln Diaz-Balart, vice chairman of the Rules Committee, one of the most powerful committee in Congress, and he -- I used to see him many, many times, when he was a State senator, going there to Allapattah Community Action talking to me and Orlando (UNINTELLIGIBLE), looking for our support. We have to remind him of those days, and he is in Congress because he got the support of all these little people for many years now, and now is the time. I say we send the money to Washington. They take a cut; send the money back, but be realistic. I know, maybe they want all the money for Iraq, or for (UNINTELLIGIBLE), but please, leave a little percentage for us here, too, for the people that live here, because I want my money, my tax money that I pay, some of that money coming back, and I didn't vote for George W. Bush. Chairman Sanchez: Thank you so much. All right. We'll move on to the next item, which is -- (Applause) Chairman Sanchez: Yes. Helena Del Monte: If may, just to again reiterate all that has been said, but just to add as -- Priscilla A. Thompson (City Clerk): I'm sorry. City of Miami Page 95 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Ms. Del Monte: -- the director of -- Chairman Sanchez: State your name for -- Ms. Del Monte: -- an association for persons with disabilities -- Chairman Sanchez: Could you please state -- Ms. Del Monte: Helena Del Monte -- Chairman Sanchez: -- your name for the record? Thank you. Ms. Del Monte: -- executive director of the Association for the Development of Disability. Just, again, social services in general. We have mentioned the very needed elderly, children, but I'd like to also voice the needs of persons with developmental disabilities that are also part of this equation. Thank you. Chairman Sanchez: Yes. State your name for the record. Angie Vazquez: I'm sorry. Angie Vazquez, with Southwest Social Services, 2510 Miami Boulevard. I'd like to, first of all, commend the Mayor and the Commissioners on taking up this fight because I agree with Miriam that it is our -- not just us. If you tell us who we need to write to, our seniors and our kids can write, but it is our opinion that yourselves, the County mayors, Mel Martinez, Iliana Ross-Lehtinen, Lincoln Diaz-Balart, have to take this fight, but to also emphasize that it's not just the food that the kids and the seniors are going to eat, but that impacts the whole community. I mean, if moms don't have daycare, they can't go to work. If the seniors don't have their meal, their kids have to do something or people go homeless, or they go into nursing homes. It is not just the people who get direct services that are impacted. The entire community will be impacted if these funds go away, and those who do not receive these funds, it just means we're all going to go after the smaller pot, and it will have effects on other people who do not receive CDBG money because we'll all be fighting for the same dollars. Chairman Sanchez: Thank you. Ms. Del Monte: Thank you. Chairman Sanchez: As I stated, this will be a unified force, and we will be contacting all the agencies to assist us in this matter. Thank you. NA.2 05-00145 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION TRANSFERRING FUNDS IN THE AMOUNT OF $5,000,TO THE CITY OF MIAMI ("CITY") DEPARTMENT OF POLICE, TO CONTINUE THE CITY GUN BUY BACK PROGRAM IN THE AREAS OF SHENANDOAH AND WEST LITTLE HAVANA, WITHIN DISTRICT 4 OF THE CITY; ALLOCATING SAID FUNDS FROM THE DISTRICT 4 BUDGET RESERVE. Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0108 Commissioner Regalado: Mr. Chairman. City of Miami Page 96 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Chairman Sanchez: Yes. Commissioner Regalado: I forgot. I don't know how fast we're going in the agenda, but I do have -- Commissioner Winton: Very. Commissioner Regalado: -- a very brief item that, ifI -- if you allow me, I will just move it as a pocket item. It's -- last -- two weeks ago, I attended the Gun Buy Program in Flagami. In three hours, the City of Miami Police Department was able to get 31 guns in exchange for certificates. They issued certificates; Winn Dixie and Burdines and all that, so I have a motion to transfer $5, 000 from the District 4 budget reserve to the Miami Police Department to continue the City of Miami Gun Buy Program in the City of Miami, and the reason is they ran out of money, and this money, they multiply -- Chairman Sanchez: All right. Commissioner Regalado: -- by three. Chairman Sanchez: There's a motion. Vice Chairman Gonzalez.: Second. Chairman Sanchez: Is there a second? Second. It's open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. OK. Commissioner Regalado: That's it. Chairman Sanchez: Let's try to keep -- and I understand you have to go to your radio station, but let's try to keep pocket items -- Commissioner Regalado: No, 'just thought -- Chairman Sanchez: -- at the end of the Commission -- Commissioner Regalado: -- if we're not coming back in the afternoon, that's why. Chairman Sanchez: OK. NA.3 05-00134 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PROVIDING SUPPORT, IN AN AMOUNT NOT TO EXCEED $1,000, TO FACILITATE THE 22ND ANNUAL PASSOVER/GOOD FRIDAY BRUNCH OF THE HOLY REDEEMER CATHOLIC CHURCH IN LIBERTY CITY, FLORIDA; ALLOCATING FUNDS FROM THE DISTRICT 5 ACCOUNT NO. 001000.920922.6.930; FURTHER DIRECTING THAT SAID ALLOCATION BE MADE TO THE BISCAYNE BAY MARRIOTT, 1633 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, TO ASSIST WITH THE RELATED COSTS OF THE EVENT. City of Miami Page 97 Printed on 3/30/2005 City Commission Verbatim Minutes February 10, 2005 Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Allen Absent: 2 - Commissioner Sanchez and Regalado R-05-0109 Vice Chairman Gonzalez: OK. Do we have -- Commissioner Winton: Are we done? Vice Chairman Gonzalez: -- any pocket items? Commissioner Winton.: Nope. Commissioner Allen, do you have a pocket item? Commissioner Allen: Yes. Vice Chairman Gonzalez: You got a pocket item? Commissioner Allen: Yes, sir, Mr. Chair. Yes, sir, Mr. Chairman. This is a quick pocket item. This is a resolution. A resolution of the Miami City Commission providing support in an amount not to exceed $1, 000 to facilitate the 22nd Annual Passover Good Friday Brunch of the Holy Redeemer Catholic Church in Liberty City, Florida; allocating funds from the District 5 account with said number 001000.920922.6.930; further directing that said allocation be made to the Biscayne Bay Marriott at 1633 North Bayshore Drive, Miami, Florida, to assist with the related cost of the event. Commissioner Winton: Second. Vice Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye The Commission (Collectively): Aye. Vice Chairman Gonzalez: All right. That concludes the Commission Meeting for today. We're done. Great job by the Chairman. Thank you. God bless you all. Have a good day. Commissioner Allen: Good. Thank you. City of Miami Page 98 Printed on 3/30/2005