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HomeMy WebLinkAboutCC 2005-11-03 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Meeting Minutes Thursday, November 3, 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 Meeting Minutes November 3, 2005 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES 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 SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION 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 3rd day of November, 2005, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order at 9:27 a.m. by Chairman Joe Sanchez, recessed at 12:07 p. m., reconvened at 2:44 p. m. and ajourned at 4:59 p. m. During part of this time, the Planning and Zoning Commission Meeting was also held. ALSO PRESENT: Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk Note for the Record: This meeting was originally scheduled for October 27, 2005 and was City of Miami Page 2 Printed on I I/23/2005 City Commission Meeting Minutes November 3, 2005 continued due to the Declaration of Local State of Emergency relative to Hurricane Wilma. Commissioner Sanchez: City of Miami Commission meeting is being called to order. The City Commission meeting of October 27, 205 [sic] was continued to today, which is November 3, 205 [sic]. Please stand up for the invocation and the pledge of allegiance. Invocation and pledge of allegiance. PRESENTATIONS AND PROCLAMATIONS PR.1 05-01221 MAYORAL VETOES CEREMONIAL ITEM Name of Honoree Presenter Protocol Item Community Partnership for the Homeless Mayor Diaz Salute Bacardi, USA Mayor Diaz Salute Nancy J. Strom Mayor Diaz Memorial Resolution 05-01221 Protocol List.pdf NOT PRESENTED Note for the Record: The presentations were rescheduled to the Commission Meeting currently scheduled for November 17, 2005. Chairman Sanchez: On the protocol list, it is my understanding that they have been rescheduled. However, we do have representatives from Bacardi that would have been presented by the Mayor. Is there anyone from the Mayor's Office? OK. Has that been rescheduled or -- please state your name. Lisa Martinez (Mayor's Office): Lisa Martinez. All four proclamations have been rescheduled for next Commission meeting because, due to the hurricane -- Chairman Sanchez: Yes. Ms. Martinez: -- the Mayor is not going to be able to be here this morning. Chairman Sanchez: All right. Thank you so much. We apologize for the inconvenience. Unfortunately, with the hurricane, we've had to reschedule a lot of things, so thank you so much and God bless you. All right. Unidentified Speaker: Thank you. NO MAYORAL VETOES Chairman Sanchez: For the record, there are no mayoral vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Winton, seconded by Commissioner Regalado, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City of Miami Page 3 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: And we need to approve several minutes from the following meetings. We'll start with the regular meeting of September 8, 205 [sic]. We need a motion to approve the minutes. Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. Is there a second? Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. The item is open for discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: We go to the Planning & Zoning meeting of September 22, 205 [sic]. We need a motion. Commissioner Winton: So moved Vice Chairman Gonzalez: Move it. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez, second by Commissioner Winton. The item is under discussion. Any 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." Motion carries. Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: Second public budget hearing, held September 27, 205 [sic]. We also need a motion to approve those minutes. Vice Chairman Gonzalez: Move it. Chairman Sanchez: There's a motion by -- Commissioner Winton: Second. Chairman Sanchez: -- Vice Chairman Gonzalez, second by Commissioner Winton. The item is open for discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 4 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. ORDER OF DAY Chairman Sanchez: And we go to the consent agenda. Before we do that, let me just add that PZ (planning & zoning) items will be heard this afternoon. There's only one PZ item that we might bring up, if we have time, and that's PZ. 7, and I believe that's the CRA (Community Redevelopment Agency), if I'm not mistaken. Is Frank Rollason present? OK. "[Later...J" Chairman Sanchez: (INAUDIBLE) walking in, and we have three Commissioners, so we're going to go ahead and call the October 27 meeting, which was continued for today, which is November 3, 205 [sic], and at this time, we'll call the meeting back to order, so we maintain order. We're going to continue to go down the agenda. There was one item -- there was -- all right. Are we back on, Madam Clerk? OK, so, for the record, the meeting has been called to order. It is 2:45, and we'll go ahead and go through the agenda. There was one item, PH. I, which was deferred, correct? So I believe that Commissioner Regalado, who was the one who had -- let's wait for him to get back, OK? Let's go through the boards and committees. Is Commissioner Allen -- is anyone from his staff around? If we could get through the board appointments, we could go straight to -- straight into PZ (Planning and Zoning) items, and then we'll go ahead and swear everyone in and -- all right. CONSENT AGENDA CA.1 05-01054 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBGRANT AGREEMENT FOR EQUIPMENT FOR FLORIDA STRATEGY CONTRACT NO. MA5906-127, CFDA NO. 16.007 ("SUBGRANT AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR DOMESTIC PREPAREDNESS EQUIPMENT ("EQUIPMENT"), FROM THE STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES ADMINISTERING A GRANT FOR THE UNITED STATES DEPARTMENT OF JUSTICE STATE AND LOCAL DOMESTIC PREPAREDNESS EQUIPMENT PROGRAM, FOR THE CITY OF MIAMI'S DEPARTMENT OF POLICE ("DEPARTMENT"); AUTHORIZING THE CITY MANAGER AND THE DEPARTMENT TO ACCEPT SAID EQUIPMENT AND TO EXECUTE ANY OTHER NECESSARY DOCUMENTS TO ACCEPT, TO IMPLEMENT, AND TO COMPLY WITH SAID SUBGRANT AGREEMENT; AUTHORIZING THE DEPARTMENT TO PAY FOR THE MAINTENANCE OF SAID EQUIPMENT, SUBJECT TO BUDGETARY APPROVAL, COMMENCING SEPTEMBER, 2007, IN AN ANNUAL AMOUNT NOT TO EXCEED $6,000, WITH NO MORE THAN A THREE PERCENT (3%) INCREASE THEREAFTER; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE OPERATING BUDGET ACCOUNT NO. 001000.290201.6.670. City of Miami Page 5 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 05-01054 Legislation.pdf 05-01054 Exhibit 1.pdf 05-01054 Exhibit 2.pdf 05-01054 Exhibit 3.pdf 05-01054 Exhibit 4.pdf 05-01054 Exhibit 5.pdf 05-01054 Summary Form.pdf 05-01054 Advertisement Detail.pdf 05-01054 FI Inter. Network.pdf 05-01054 MPD IP Telephony Project.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0592 CA.2 05-01055 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING Police FUNDING OF THE "DO THE RIGHT THING" PROGRAM, IN AN AMOUNT NOT TO EXCEED $100,000; ALLOCATING FUNDS FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 05-01055 Legislation.pdf 05-01055 Summary Form.pdf 05-01055 Affidavit.pdf 05-01055 Memo.pdf 05-01055 Budget.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0593 CA.3 05-01056 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 04-05-021, ISSUED JUNE 1, 2005, THAT THE TOP -RANKED FIRMS TO PROVIDE FINANCIAL ADVISORY SERVICES ARE IN RANK ORDER: (1) FIRST SOUTHWEST COMPANY; AND (2) RBC DAIN RAUSCHER, INC.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES AGREEMENT(S) ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH FIRST SOUTHWEST COMPANY, THE TOP -RANKED FIRM, TO PROVIDE FINANCIAL ADVISORY SERVICES, AND WITH RBC DAIN RAUSCHER, THE SECOND -RANKED FIRM, TO PROVIDE OTHER FINANCIAL ADVISORY SERVICES, BOTH ON AN AS -NEEDED BASIS, AND EACH AGREEMENT FOR A ONE-YEAR City of Miami Page 6 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 PERIOD, WITH OPTIONS TO EXTEND FOR UP TO FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FOR SAID SERVICES FROM ACCOUNT NO. 001000.260201.6.280. 05-01056 Legislation.pdf 05-01056 Exhibit 1.pdf 05-01056 Exhibit 2.pdf 05-01056 Exhibit 3.pdf 05-01056 Exhibit 4.pdf 05-01056 Exhibit 5.pdf 05-01056 Exhibit 6.pdf 05-01056 Exhibit 7.pdf 05-01056 Exhibit 8.pdf 05-01056 Exhibit 9.pdf 05-01056 Exhibit 10.pdf 05-01056 Exhibit 11.pdf 05-01056 Exhibit 12.pdf 05-01056 Exhibit 13.pdf 05-01056 Exhibit 14.pdf 05-01056 Summary Form.pdf 05-01056 Summary Sheet.pdf 05-01056 Bid Security List.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0594 CA.4 05-01058 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A NEGOTIATED PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH GOODY CLANCY & ASSOCIATES, INC., TO CREATE A LONG RANGE STRATEGIC PLAN, FOR THE DEPARTMENT OF PARKS AND RECREATION, IN AN AMOUNT NOT TO EXCEED $ 700,000; ALLOCATING FUNDS FROM HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND SERIES ONE AND INTEREST, CAPITAL IMPROVEMENTS PROJECT NO. 331419, (B35895), PARKS MASTER PLAN. City of Miami Page 7 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 05-01058 Legislation.pdf 05-01058 Exhibit 1.pdf 05-01058 Exhibit 2.pdf 05-01058 Exhibit 3.pdf 05-01058 Exhibit 4.pdf 05-01058 Exhibit 5.pdf 05-01058 Exhibit 6.pdf 05-01058 Summary Form.pdf 05-01058 Request for Proposals.pdf 05-01058 RFQ Public Notice.pdf 05-01058 RFQ .pdf 05-01058 Memo.pdf 05-01058 Memo 2.pdf 05-01058 Summary Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0595 CA.5 05-01059 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY TO CARRY OUT AN ACTIVITY IN CONNECTION WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS HOMELAND SECURITY PREPAREDNESS PROGRAM, FISCAL YEAR 2004-2005. 05-01059 Legislation.pdf 05-01059 Exhibit 1.pdf 05-01059 Summary Form.pdf 05-01059 Standard Operations Procedures.pdf 05-01059 Fire Communications Personnel. pdf 05-01059 Miami Dade Legislative Item.pdf 05-01059 Miami Dade Legislative Item 2.pdf 05-01059 Letter.pdf 05-01059 Federally Funded Subgrant Agmt.pdf 05-01059 Previous Attachments.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0596 CA.6 05-01060 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Police SPECIAL REVENUE FUND ENTITLED: "FISCAL YEAR 2005 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE City of Miami Page 8 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 PROGRAMS, BUREAU OF JUSTICE ASSISTANCE GRANT AWARD NO. 2005-DJ-BX-0650, IN THE AMOUNT OF $751,877; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. 05-01060 Legislation.pdf 05-01060 Summary Form.pdf 05-01060 Award Instructions.pdf 05-01060 Letter.pdf 05-01060 Letter 2.pdf 05-01060 Grant.pdf 05-01060 Memo.pdf 05-01060 Project Summary.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0597 CA.7 05-01061 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Fire -Rescue SPECIAL REVENUE FUND ENTITLED: "STATE OF FLORIDA EMS MATCHING GRANT M5092 AWARD (FISCAL YEAR 2005-2006) FUND," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, TO SUPPORT THE PRE -HOSPITAL ACTIVITIES AND OTHER EMERGENCY MEDICAL SERVICES ITEMS, IN THE AMOUNT OF $240,000, CONSISTING OF A GRANT, IN THE AMOUNT OF $180,000, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES ("EMS"), "FLORIDA EMS GRANT PROGRAM FOR EMS ORGANIZATIONS," WITH REQUIRED MATCHING FUNDS FROM THE CITY OF MIAMI ("CITY"), IN THE AMOUNT NOT TO EXCEED $60,000; ALLOCATING FUNDS FROM THE CITY'S SPECIAL REVENUE FUNDS, PROJECT NO. 110109.280218, ANTI -TERRORISM GRANT, FOR THE PERIOD BEGINNING MAY 23, 2005 THROUGH JUNE 30, 2006; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. City of Miami Page 9 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 05-01061 Legislation.pdf 05-01061 Summary Form.pdf 05-01061 Letter.pdf 05-01061 Checklist Organizations.pdf 05-01061 EMS Expenditure Report.pdf 05-01061 EMS Program Change Request.pdf 05-01061 EMS Grant Fund Distribution.pdf 05-01061 Letter 2.pdf 05-01061 EMS Matching Grant Application.pdf 05-01061 Checklist Organizations 2.pdf 05-01061 EMS Grant Fund Distribution 2.pdf 05-01061 Letter 3.pdf 05-01061 EMS Matching Grant Application 2.pdf 05-01061 State of FI Check.pdf 05-01061 Florida Statutes.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.8 05-01062 Department of Capital Improvement Programs/Transpor tation R-05-0598 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE TRAFFIC CALMING STUDIES FOR THE SILVER BLUFF AND SHENANDOAH NEIGHBORHOODS, DATED MAY 25, 2005, PREPARED BY MARLIN ENGINEERING, INC.; RECOMMENDING THAT THE MIAMI-DADE COUNTY DEPARTMENT OF PUBLIC WORKS APPROVE THE FINDINGS, MEASURES AND LOCATIONS CONTAINED THEREIN; FURTHER DIRECTING THE DEPARTMENT OF CAPITAL IMPROVEMENTS AND TRANSPORTATION TO PREPARE A PLAN OF ACTION FOR THE IMPLEMENTATION OF THE PROJECT(S) ONCE FUNDS HAVE BEEN IDENTIFIED. 05-01062 05-01062 05-01062 05-01062 05-01062 05-01062 05-01062 05-01062 05-01062 05-01062 05-01062 05-01062 05-01062 05-01062 Legislation.pdf Exhibit 1.pdf Exhibit 2.pdf Exhibit 3.pdf Exhibit 4.pdf Exhibit 5.pdf Exhibit 6.pdf Exhibit 7.pdf Exhibit 8.pdf Exhibit 9.pdf Exhibit 10.pdf Exhibit 11.pdf Exhibit 12.pdf Summary Form.pdf 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 City of Miami Page 10 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 R-05-0609 Chairman Sanchez: And we go to CA.8 for the purpose of discussion. Commissioner Winton, you're recognized. Commissioner Regalado: No. Chairman Sanchez: Commissioner Regalado, you're recognized. Commissioner Regalado: CA.8 and CA.9 are companion items. These are the traffic calming studies for Silver Bluff and Shenandoah. One question: Mary, it says to prepare a plan of action for the implementation of the projects once funds have been identified. My understanding, since we started this, is that the funds will come from the Quality of Life of District 4. Mary Conway: Mary Conway, Capital Improvements and Transportation. A portion of the funding, is coming from your Quality of Life dollars, and then there is additional funding that's identified in the proposed future streets bond for the implementation of the traffic circles in those two neighborhoods. Commissioner Regalado: But would this mean that we're going to have to wait until funds have been identified, or we can proceed -- Mr. Conway: We can proceed with as much of what's proposed in those studies that can be accomplished with the remaining Quality of Life monies, but we won't be able to do all of the recommended traffic calming improvements in those studies, so we'll start with the Quality of Life monies, and when that's exhausted, we'll be waiting for remaining streets bond monies to complete additional improvements. Commissioner Regalado: OK, and you, of course, would tell me because there's still money in the Quality of Life fund of District 4? Ms. Conway: There's money that's been allocated specifically for these projects, for traffic calming. Commissioner Regalado: No, I understand, but there is additional money that still remain in the Quality of Life funds -- Ms. Conway: That hasn't been spent yet? Commissioner Regalado: Right. Ms. Conway: Correct. Commissioner Regalado: Right. Ms. Conway: Correct. Commissioner Regalado: So, we can start. Ms. Conway: As soon as we get the final County sign -off we'll be pricing the improvements and starting to build them with our job contracts -- Commissioner Regalado: OK. City of Miami Page 11 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 CA.9 05-01111 Department of Capital Improvement Programs/Transpor tation Ms. Conway: -- similar to what we did in the other neighborhoods. Commissioner Regalado: OK. The other question is, I -- as you know, we spoke to Commissioner Barreiro and to Mr. Hassan, and the County has agreed to include the two traffic circles that were originally eliminated in our study by the County. We know that for a fact, official. Ms. Conway: Yes. I spoke with Muhammad Hassan well over a month ago, and he verbally stated that he would approve those two circles. We resubmitted the report just prior to the storm, so I would imagine, within the next week or two, that we would be getting back their final approval of the revised report that re -included those two locations. Commissioner Regalado: OK. Mr. Chairman, with that, I would like to move to approve CA.8 and CA.9. Vice Chairman Gonzalez.: Second. Chairman Sanchez: All right. There's a motion and a second. The motion is made by Commissioner Regalado, second by Vice Chairman Gonzalez. Any 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." CA.8, for the record, has been approved. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE TWO (2) MAINTENANCE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, FOR THE CITY OF MIAMI ("CITY") TO MAINTAIN TRAFFIC CALMING DEVICES SUCH AS TRAFFIC CIRCLES, TO BE INSTALLED BY THE CITY AS PROPOSED IN THE TRAFFIC CALMING STUDIES PREPARED FOR THE SILVER BLUFF AND SHENANDOAH NEIGHBORHOODS. 05-01111 Legislation.pdf 05-01111 Exhibit 1.pdf 05-01111 Exhibit 2.pdf 05-01111 Exhibit 3.pdf 05-01111 Exhibit 4.pdf 05-01111 Summary Form.pdf 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-05-0610 Commissioner Regalado: And 9. Chairman Sanchez: We go to CA.9. Commissioner Regalado, you're recognized. Commissioner Regalado: I move to approve CA.9. City of Miami Page 12 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 CA.10 05-01087 Department of Economic Development Vice Chairman Gonzalez: Second. Chairman Sanchez: Discussion. Did you want a discussion on the item? Commissioner Regalado: No, no, it's the same. It's the same. They're companion. Chairman Sanchez: All right. There's a motion by Commissioner Regalado, second by Vice Chairman Gonzalez. The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and CA.9, for the record, has been approved. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A DONATION AND MAINTENANCE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH CITY NATIONAL BANK OF FLORIDA, A NATIONAL BANKING ASSOCIATION AS TRUSTEE UNDER LAND TRUST NO. 2401-1149-00, FOR THE CONSTRUCTION AND MAINTENANCE OF A WATER TAXI DOCK OVER THE CITY OF MIAMI OWNED SUBMERGED LANDS LYING SOUTH OF AND ADJACENT TO THE PROPERTY LOCATED AT 315, 325 AND 335 SOUTH BISCAYNE BOULEVARD, MIAMI, FLORIDA, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SAID AGREEMENT AS NECESSARY. 05-01087 Legislation.pdf 05-01087 Exhibit 1.pdf 05-01087 Exhibit 2.pdf 05-01087 Exhibit 3.pdf 05-01087 Summary Form.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: I - Commissioner Regalado R-05-0611 Chairman Sanchez: We go to CA.10, which was deferred -- I mean, pulled for discussion by Commissioner Winton. Commissioner Winton: Yeah. I just don't understand what it is, so I'd like an explanation. Joe Arriola (City Manager): Where is she? Lori. Oh, Lori, there she is. Sorry. On CA. 10, sweetheart. Oh, there's the water taxi. Sorry. Laura Billberry: Sorry. 1 missed that one. I'm sorry. Lori Billberry , Economic Development. This is a donation of a water taxi for the -- behind the One Miami project. This was a City of Miami Page 13 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 requirement pursuant to their Major Use Special Permit, and I'm sorry, if you had a specific question, I missed it. Commissioner Winton: No. I just didn't understand it, so refresh my memory. Ms. Billberry: Pursuant to their Major Use Special Permit, as a condition of that permit, they have to construct a water taxi dock -- Commissioner Winton: Oh, OK. Ms. Billberry: -- on the submerged lands. Commissioner Winton: That's -- I remember now, OK. Move CA.10. Chairman Sanchez: All right. Vice Chairman Gonzalez: Second. Chairman Sanchez: CA. 10 has been moved by Commissioner Winton, second by Vice Chairman Gonzalez. The item is under discussion. Hearing no discussion on the item, all in favor, say aye. " The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. CA.11 05-01100 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), VACATING, DISCONTINUING, AND ABANDONING THE SOUTH TEN (10) FEET OF THE EAST TEN (10) FEET OF THE NORTH HALF (1/2) OF LOT 10, BLOCK 2, A RESUBDIVISION OF BLOCK NO. 2, "RIVERSIDE FARMS," ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 18, PAGE 27, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND RETURNING SAME TO THE PRESENT ADJACENT PROPERTY OWNER AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-01100 Legislation.pdf 05-01100 Exhibit 1.pdf 05-01100 Summary Form.pdf 05-01100 Map.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0599 CA.12 05-01101 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ACCEPTING THE DONATION OF A NEW PLYMOVENT VEHICLE EXHAUST REMOVAL SYSTEM, CONSISTING OF EQUIPMENT LISTED IN "EXHIBIT A," ATTACHED AND INCORPORATED, AT AN City of Miami Page 14 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 ESTIMATED FAIR MARKET VALUE OF $40,114, FROM PLYMOVENT CORPORATION, FOR THE UPGRADE AND INSTALLATION OF THE CITY OF MIAMI EXISTING PLYMOVENT EXHAUST REMOVAL EQUIPMENT IN FIRE STATION NO. 12, LOCATED AT 1455 NORTHWEST 46 STREET, MIAMI, FLORIDA ("PROJECT"); AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR THE ACCEPTANCE OF SAID DONATION AND FOR THE UPGRADES AND COMPLETION OF THE PROJECT. 05-01101 Legislation.pdf 05-01101 Exhibit 1.pdf 05-01101 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.13 05-01102 Department of Parks and Recreation R-05-0600 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE FUND ENTITLED:"VIRGINIA KEY COMMUNITY STEWARDSHIP COASTAL ZONE MANAGEMENT PROGRAM" AND APPROPRIATING FUNDS FOR ITS OPERATION, IN AN AMOUNT NOT TO EXCEED $74,880, CONSISTING OF A GRANT, IN THE AMOUNT OF $37,440, FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP"), ADMINISTERING FEDERAL FUNDS FROM THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COOPERATIVE AWARD COASTAL ZONE MANAGEMENT PROGRAM (DEP NO. CZ610), WITH A LOCAL MATCH PROVIDED BY THE CITY OF MIAMI IN THE AMOUNT OF $37,440, FOR ADMINISTRATIVE SUPPORT OF THE ONGOING COASTAL ECOSYSTEM ENVIRONMENTAL RESTORATION EFFORTS AT VIRGINIA KEY; ALLOCATING SAID REQUIRED MATCHING FUNDS, FROM THE DEPARTMENT OF PARKS AND RECREATION BUDGET ACCOUNT NO. 001000.580302; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE A GRANT AGREEMENT WITH DEP, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO PROVIDE ALL OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. 05-01102 Legislation.pdf 05-01102 Exhibit 1.pdf 05-01102 Exhibit 2.pdf 05-01102 Exhibit 3.pdf 05-01102 Exhibit 4.pdf 05-01102 Exhibit 5.pdf 05-01102 Exhibit 6.pdf 05-01102 Exhibit 7.pdf 05-01102 Exhibit 8.pdf 05-01102 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City of Miami Page 15 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 CA.14 05-01103 Department of Police R-05-0601 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANT," FOR THE DEPARTMENT OF POLICE, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, IN THE AMOUNT OF $95,000, AND THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $20,000, FOR A TOTAL AMOUNT OF $115,000; ALLOCATING THE REQUIRED MATCHING FUNDS, IN AN AMOUNT OF $20,000, FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290301.6.956; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 05-01103 Legislation.pdf Summary Form.pdf Memo.pdf Grant System Awards Home.pdf Award Instructions.pdf Letter. pdf Letter 2.pdf Grant.pdf Memo 2.pdf Grant Manager's Memo.pdf Email.pdf ACH Financial Information.pdf ACH Vendor-Misc Payment Form.pdf Grant Mgmt System Program.pdf Overview. pdf Application.pdf Project Information.pdf Budget and Program Attachments.pdf Proposal Abstract.pdf Grant Program Certification.pdf Assurances .pdf Certifications. pdf Assurances & Certifications.pdf Correspondence.pdf Budgetary Impact Analysis.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.15 05-01104 Department of Police R-05-0602 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "BULLETPROOF VEST PARTNERSHIP GRANT 2005," FOR THE DEPARTMENT OF POLICE, City of Miami Page 16 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF $7,410.47 AND THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS IN THE AMOUNT OF $7,410.47, FOR A TOTAL AMOUNT OF $14,820.94; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 05-01104 Legislation.pdf 05-01104 Summary Form.pdf 05-01104 Bulletproof Vest Partnership Info.pdf 05-01104 Award Notification.pdf 05-01104 Application Profile.pdf 05-01104 Review BVP Appl for Funding.pdf 05-01104 POC Information.pdf 05-01104 Chief Executive Information.pdf 05-01104 Financial POC Information.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0603 CA.16 05-01105 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Purchasing OF STEIN PAINT (PRIMARY) AND LANCO AND HARRIS (SECONDARY), RECEIVED JULY 18, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-056R, FOR THE PROVISION OF PAINT AND PAINT SUPPLIES, ON AN AS -NEEDED CONTRACT BASIS, FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED CITYWIDE BY VARIOUS USER DEPARTMENTS AND AGENCIES, FOR AN INITIAL TWO (2) YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT AN ESTIMATED ANNUAL AMOUNT OF $75,000, FOR FISCAL YEAR ("FY") 2005-2006; ALLOCATING FUNDS, IN THE AMOUNT OF $75,000, FOR FY 2005-2006, FROM THE GENERAL OPERATING BUDGETS AND GRANTS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, WITH FUTURE FY FUNDING SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGET APPROVAL AT THE TIME OF NEED. 05-01105 Legislation.pdf 05-01105 Summary Form.pdf 05-01105 Award Recommendation Form.pdf 05-01105 Award Sheet.pdf 05-01105 Tabulation Sheet.pdf 05-01105 Bid List.pdf 05-01105 Email.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0604 City of Miami Page 17 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 CA.17 05-01107 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 04-05-055, THAT THE TOP -RANKED FIRMS TO PROVIDE DELINQUENT DEBT COLLECTION SERVICES ARE, IN RANK ORDER: (1) PENN CREDIT CORPORATION; (2) FINANCIAL ASSET MANAGEMENT SYSTEMS; AND (3) MERCANTILE ADJUSTMENT BUREAU; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH PENN CREDIT CORPORATION, THE TOP -RANKED FIRM, FOR A TWO (2) YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FOR SAID SERVICE FROM ACCOUNT NO. 001000.260301.6.270; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM, SHOULD NEGOTIATIONS FAIL WITH THE TOP -RANKED FIRM, OR UNTIL A CONTRACT HAS BEEN SUCCESSFULLY NEGOTIATED; DIRECTING THAT THE NEGOTIATED AGREEMENT BE PRESENTED TO THE CITY COMMISSION FOR CONSIDERATION. 05-01107 Legislation.pdf 05-01107 Exhibit 1.pdf 05-01107 Exhibit 2.pdf 05-01107 Exhibit 3.pdf 05-01107 Summary Form.pdf 05-01107 Memo.pdf 05-01107 Summary Sheet.pdf Motion by Commissioner Allen, 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-05-0612 A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Allen, and was passed unanimously, to instruct the City Manager to perform a study, with the participation of the Fire Department, on a proposal to abolish the fees currently charged to seniors for fire -rescue services and to come back with a recommendation at the meeting currently scheduled for December 15, 2005. Chairman Sanchez: And we go to consent agenda number 17. Commissioner Allen: Yes, Mr. Chairman. My inquiry -- Chairman Sanchez: Can we have a motion and a second for the purpose of discussion? Commissioner Allen: Yes. I make a motion -- Chairman Sanchez: All right. There's a motion by Commissioner Allen. Vice Chairman Gonzalez: Second. City of Miami Page 18 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Allen: Sorry. Chairman Sanchez: Second by Vice Chairman Gonzalez. For the purpose of discussion, Commissioner Allen, you're -- Commissioner Allen: Yes. Chairman Sanchez: -- recognized for the purpose of discussion. Commissioner Allen: Yes. Thank you, Mr. Chairman, and my inquiry is pretty perfunctory. 1 just need to find out what sort of debts are being collected here. I do understand we do have this place, but what sort of debts are we talking -- are we speaking of? Is there an array of specific debts, or they're only limited to certain types of debts, with respect to the contract, CA.17? Just some explanation, if you will -- Scott Simpson (Director, Finance Department): Basically -- Commissioner Allen: -- what type of debts. Mr. Simpson: Scott Simpson -- Joe Arriola (City Manager): Your name. Mr. Simpson: -- Finance Department. We, basically, have -- Mr. Arriola: Your name. Mr. Simpson: I did Mr. Arriola: Oh, you did? Mr. Simpson: Yes. Commissioner Allen: Scott. Mr. Simpson: We hired this company to basically go out and collect all the services that we bill for, not -- it could be occupational licenses -- Commissioner Allen: OK. Mr. Simpson: -- you know, any type of thing like that. Commissioner Allen: Occupational licenses, those sort of -- Mr. Simpson: Anything that the City bills, we will have them look at. Commissioner Allen: OK, so that's largely what they're largely -- that's their (UNINTELLIGIBLE). Mr. Simpson: Licenses and fees have been the predominance of their collections. Commissioner Allen: OK. All right. It was just that. OK, thank you. Mr. Simpson: All right. City of Miami Page 19 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Allen: All right. I move CA.17. Vice Chairman Gonzalez: No. 1 -- Commissioner Allen: I'm sorry, I'm sorry. Vice Chairman Gonzalez: -- have -- Chairman Sanchez: All right. Wait, wait. CA.17 is under discussion at this time. There's been a motion and a second. Vice Chairman Gonzalez, you're recognized. Vice Chairman Gonzalez: Yeah. Mr. City Manager, I've been getting complaints from senior citizens that after they receive Fire -Rescue service, and Medicaid pay whatever they pay, or the insurance company pays whatever amount they pay, the senior citizens get a bill from the City of Miami, and I have -- you know, and this is very sad because these senior citizens, they pay taxes; they pay -- some of them pay fire fee, and in addition to that, we bill them, you know, and let me tell you. They get a heart attack, and they -- they're transferred to the hospital by Fire -Rescue, and once they get the bill, they get a second heart attack, OK. I have a case here where the party was billed $452.50. I have another three (UNINTELLIGIBLE) in my office that total a thousand dollars for fire fee services. I believe that we should not charge these people any more than what the Medicaid or Medicare pays, or the insurance company pays because, first of all, they're low income; some of them live in public housing, and if they can't afford to pay rent, how can they afford to pay $452 every time they're transported to a hospital by Fire -Rescue? So, my point is that we need to discuss this -- Mr. Arriola: Yeah. Vice Chairman Gonzalez: -- and we need to stop billing these people -- Mr. Arriola: Yeah. Vice Chairman Gonzalez: -- in addition to what we're getting paid by Medicaid or by the insurance company. I mean, that should be it. Mr. Arriola: Let me give you a report. I'll put a report together with the Fire folks. I -- first I heard, sir. I really -- Vice Chairman Gonzalez: All right, so that is my concern, and I -- you know -- Mr. Arriola: Yeah. Vice Chairman Gonzalez: -- I'm asking you to please -- Mr. Arriola: Sure. Vice Chairman Gonzalez: -- take it into consideration; let's discuss it, and we need to come up with a policy where these retired people or senior citizens don't get billed any more than what we get paid by Medicaid or their insurance company -- Mr. Arriola: Commissioner, can I -- Vice Chairman Gonzalez: -- and that should be it. Mr. Arriola: 1 couldn't agree with you more. Let me find out what it is, and I'll come right back City of Miami Page 20 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 to you. Vice Chairman Gonzalez: All right. Thank you. Mr. Arriola: Thank you. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Commissioner Regalado, you're recognized. Commissioner Regalado: I have the same concern that Vice Chairman Gonzalez, because some time when there is a hardship, a really hardship, and people come to you, sometimes the Administration waive that fee -- Vice Chairman Gonzalez: Right. Commissioner Regalado: -- but the fact that you get a letter from a collection agency -- Mr. Arriola: Yeah. Commissioner Regalado: -- saying that you owe the City $467, when you get a $516 check every month from Social Security, it's very stressful, and you know, the culture, in these areas, especially for the old people, is that they do not want to owe anything to anybody. They feel bad if they owe. They think that they're going to lien the only thing they have, which is the house. There's got to be another way, because Medicare pays some of the transport. Medicaid pays some of the transport. When -- my understanding is that when you request to go to a certain hospital because this is where your doctor is approved, probably, they charge additional, but the point is that we pay within our property tax money for the Fire Department, and then we pay the fire fee for the service that, thank God, we don't use, but some other people use, and this system is really wrong, and it needs to be revised as soon as possible because just the stress of getting a delinquent letter for a senior citizen, it's much more problematic than the call that they made to 911, so I fully agree with Vice Chairman Gonzalez. Vice Chairman Gonzalez: And in addition to that, we all know how these collecting agencies work. Commissioner Regalado: Yeah. They may lien the property. Vice Chairman Gonzalez: They not only send you a letter, then they start calling you and threatening you, and you know -- and 1 don't -- you know, I don't doubt that they may even tell these people that if you don't pay the bill, we're going to call the Social Security and confiscate your check or whatever, you know. Commissioner Regalado: Probably. Vice Chairman Gonzalez:: Because they use all kind of tactics to collect money -- Commissioner Regalado: Yeah. Vice Chairman Gonzalez: -- so I want to make sure that this is taken care of Let's get together, Mr. Manager, as soon as you can, and if we need to meet with the Fire Marshall, or whatever -- Mr. Arriola: Got it. Vice Chairman Gonzalez: -- the head of the department is, so we can come back at the next City of Miami Page 21 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commission meeting with a solution to this situation. Chairman Sanchez: Let's -- Vice Chairman Gonzalez: Thank you. Mr. Arriola: Absolutely. Chairman Sanchez: -- go ahead and vote on this, and then, Vice Chairman Gonzalez, why don't you present a motion directing the Administration to come back within maybe 30 to 60 days with some recommendations as to what we discussed here today, so let's vote on CA.17, if there's no further discussion on CA.17. There's a -- Madam Clerk, there's a motion and a second already made for the record. Priscilla A. Thompson (City Clerk): That's correct. Chairman Sanchez: All right. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner -- Vice Chairman Gonzalez -- Vice Chairman Gonzalez: Yes. I'd like to move a motion instructing the City Manager to doing a study with the Fire Department, and come back with recommendations, within 30 days, at the next Commission meeting in December, so we can abolish these extra charges to the retirees and senior citizens, in our community. Chairman Sanchez: All right. Commissioner Allen: I second. Vice Chairman Gonzalez: So move. Chairman Sanchez: There is a motion, and a second by Commissioner Allen. The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries, and we're done with consent agenda. CA.18 05-01108 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CLASSIFYING ONE Police THOROUGHBRED HORSE KNOWN AS "JETS BULLET," REGISTRATION NO. 9729433, AS "CATEGORY A" SURPLUS STOCK; FURTHER STIPULATING THAT SAID HORSE BE DONATED TO BRENDA WATKINS AT NO COST TO THE CITY OF MIAMI AND THAT SAID DONATION BE VALID AND EFFECTIVE IMMEDIATELY, UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS. City of Miami Page 22 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 05-01108 Legislation.pdf 05-01108 Summary Form.pdf 05-01108 Memo.pdf 05-01108 Horse Adoption Agreement.pdf 05-01108 Unconditional Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.19 05-01109 Department of Planning R-05-0605 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A NEGOTIATED PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH EDSA, INC., THE TOP -RANKED FIRM, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 03-04-028, TO DEVELOP A MASTER PLAN FOR VIRGINIA KEY, IN AN AMOUNT NOT TO EXCEED $ 775,000; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $640,000, FROM CAPITAL IMPROVEMENT PROJECT ACCOUNT NO. 311047 (B-30363), WITH THE REMAINING BALANCE TO BE FUNDED AS STATED HEREIN. 05-01109 Legislation.pdf 05-01109 Exhibit 1.pdf 05-01109 Exhibit 2.pdf 05-01109 Exhibit 3.pdf 05-01109 Exhibit 4.pdf 05-01109 Exhibit 5.pdf 05-01109 Exhibit 6.pdf 05-01109 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.20 05-01110 Department of Parks and Recreation R-05-0606 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF ENGINE AND ACCESSORY, INC., AS THE ONLY RESPONSIVE BIDDER, PURSUANT TO INVITATION FOR BIDS NO. 04-05-099, RECEIVED JULY 25, 2005, FOR THE PURCHASE OF TWO (2) CHEMICAUPESTICIDE TRUCKS, FOR THE DEPARTMENT OF PARKS AND RECREATION, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $90,500; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT ACCOUNT NO. 331369.589301.6.840. 05-01110 Legislation.pdf 05-01110 Summary Form.pdf 05-01110 Award Form.pdf 05-01110 Tabulation of Bids.pdf 05-01110 Bid Security List.pdf City of Miami Page 23 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0607 CA.21 05-01215 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND DOWNTOWN MIAMI MALL, LIMITED LIABILITY COMPANY, FOR THE USE OF APPROXIMATELY 2,500 SQUARE FEET AT 1500 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, ALSO KNOWN AS THE OMNI CENTER, FOR USE BY THE CITY DEPARTMENT OF POLICE AS A SPECIAL EVENTS OFFICE, ON A MONTH -TO -MONTH BASIS, COMMENCING ON NOVEMBER 1, 2005, WITH A YEARLY LICENSE FEE OF $1.00; ALLOCATING FUNDS FROM THE CITY DEPARTMENT OF POLICE'S GENERAL FUND BUDGET, ACCOUNT NO. 001000.290201.6.610. 05-01215 Legislation.pdf 05-01215 Exhibit 1.pdf 05-01215 Exhibit 2.pdf 05-01215 Exhibit 3.pdf 05-01215 Summary Form.pdf WITHDRAWN CA.22 05-01220 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Administration CITY MANAGER TO ACCEPT A CONTRIBUTION OF FUNDS, IN THE AMOUNT NOT TO EXCEED $15,000, FROM THE MIAMI-DADE COUNTY COMMISSION OFFICE OF COMMISSIONER CARLOS GIMENEZ, FOR THE PURPOSE OF BAYWASH 2005, A "CLEAN-UP" MIAMI PROJECT; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI ("CITY") DEPARTMENT OF PUBLIC FACILITIES; FURTHER ALLOCATING THE REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $15,000, FROM THE CITY'S NON -DEPARTMENTAL ACCOUNT. 05-01220 Legislation.pdf 05-01220 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0608 Adopted the Consent Agenda Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, 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 City of Miami Page 24 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Consent Agenda Minutes Chairman Sanchez: All right. Consent agenda. Any items -- Commissioner Winton: Yes. Chairman Sanchez: -- wishing -- Commissioner Allen: I'd like to -- Chairman Sanchez: -- to be pulled? Let's go through the order. Let's go through -- Mr. City Manager, do you have any items you want to pull on consent agenda? Joe Arriola (City Manager): CA.21. Commissioner Allen: CA (consent agenda) -- right, CA.21. Chairman Sanchez: CA.21, OK. Commissioner Allen. Commissioner Allen: Just for discussion purposes, CA.17. Chairman Sanchez: Discussion purpose. Vice Chairman Gonzalez: But we deferred that, did we? Commissioner Allen: Did we? No. Vice Chairman Gonzalez: We just deferred it, I believe. Chairman Sanchez: No, 21. Mr. Arriola: No, 21. Chairman Sanchez: The City Manager deferred -- Vice Chairman Gonzalez: No, but Commissioner Allen -- Chairman Sanchez: -- CA.21. Vice Chairman Gonzalez: -- is talking about 17, aren't you? Commissioner Allen: Right, CA.17. Vice Chairman Gonzalez: Right. That has been deferred, hasn't it? Chairman Sanchez: No, it has not. Commissioner Allen: No. No. The -- Jorge L. Fernandez (City Attorney): No. This -- it's -- Vice Chairman Gonzalez: We have a confusion in here. Mr. Fernandez: FR.1 is being deferred to November 17. City of Miami Page 25 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Vice Chairman Gonzalez: FR.1. Mr. Fernandez: FR.1, which is the -- Chairman Sanchez: Impact fee. Mr. Fernandez: -- impact fees. Commissioner Allen: Impact fees. Chairman Sanchez: All right. Let's maintain order here. OK. Commissioner Allen, you want CA.17 to be -- Commissioner Allen: Pulled just for discussion. Chairman Sanchez: -- pulled for discussion. Vice Chairman Gonzalez: For discussion. Chairman Sanchez: Vice Chairman Gonzalez. Vice Chairman Gonzalez: CA -- no. Same thing, CA.17 for discussion. Chairman Sanchez: OK, Commissioner Regalado. Commissioner Regalado: Mr. Chairman, I just have a question, not even to defer for discussion, but just a question during the public hearing on CA.8 and CA.9. Chairman Sanchez: All right, so you're pulling CA.8 and CA.9 for discussion. OK. Commissioner Winton. Commissioner Winton: CA.10. Chairman Sanchez: CA.10 for discussion. Other than that, the remaining agenda of CA, do we have a motion to approve? Commissioner Allen: I make a -- Vice Chairman Gonzalez: Move it. Chairman Sanchez: There's a motion by Commissioner Allen, second by Vice Chairman Gonzalez. The item is under discussion. Hearing no discussion, 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 26 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 PERSONAL APPEARANCE PA.1 05-01065 DISCUSSION ITEM MR. GEORGE P. CASTAINO JR., EXECUTIVE DIRECTOR OF JOSEFINA P. CASTAINO KIDNEY FOUNDATION INC. TO ADDRESS THE CITY COMMISSION REGARDING A WAIVER OF FEES FOR THE USE OF THE COCONUT GROVE EXPO CENTER FOR THEIR ANNUAL FUND RAISER ON OCTOBER 23, 2005. 05-01065 Letter.pdf MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Vice Chairman Gonzalez and Commissioner Allen absent, to waive the fees for the use of the Coconut Grove Expo Center for the Josefina P. Castano Kidney Foundation, Inc. for its annual fund raiser on November 6, 2005. Chairman Sanchez: Let's go ahead and take care of the personal appearances. Do we have a representative from the Josefina Castano Kidney Foundation here? We do not. Chairman Sanchez: We go to PH (Public Hearing) -- Barbara Gomez -Rodriguez (Director, Community Development): Thank you. Chairman Sanchez: -- no. That's it. We go to -- all right, let's -- we have a personal appearance that has just arrived, and it's a representative from the Josefina Castano Kidney Foundation. Sir, you're recognized. Please state your name. George Castano: Good afternoon, Commissioners. My name is George Castano, Jr. I'm the executive director for Josefina Castano Kidney Foundation, and I come before the Commission today to request a fee waiver for the use of the Coconut Grove Expo Center for our annual fund-raiser that will be held this coming Sunday. Chairman Sanchez: This coming Sunday? Mr. Castano: This coming Sunday, yes. It had to be postponed due to the hurricane. Chairman Sanchez: What are those waivers? What are we talking about? Mr. Castano: Well, the rental fees, I don't have the exact figures here, and any additional fees that come along with the rental. Chairman Sanchez: Does the -- what -- the administration? Laura Billberry: Lori Billberry, Public Facilities. I can tell you that the total cost for this event is $7, 965, and that would include parking, the hall rental, and personnel. Chairman Sanchez: All right. Commissioner Winton: Could I -- ? Mr. Chairman. Chairman Sanchez: Yes, sir. You're recognized. City of Miami Page 27 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Winton: What other organizations have we done this for? Ms. Billberry: I know they have done it before, but let me get you a list. I do not have that handy. Commissioner Regalado: League of Contra Cancer. Chairman Sanchez: Cancer. Commissioner Winton: Is the only one, right? Commissioner Regalado: No, but I -- Ms. Billberry: There have been others. Commissioner Regalado: -- the most recent one that I remember, it was the marathon, and they had, several month ago, league -- it was exactly the same -- it's League Against Cancer, and it was a marathon, and it was waive the fees. Of course, they had to pay for the Police -- Mr. Castano: Yes. Commissioner Regalado: -- and Fire. Commissioner Winton: But if you wave waive the rental fee on these not -for -profits that want to hold their events there, then pretty soon you don't -- but I'm not going to battle it very hard anyhow because I'm assuming that, in the not -too -distant -future, that building's going to be gone anyhow, so -- Chairman Sanchez: All right. Is there a motion maybe to -- Commissioner Regalado: I'll move. Chairman Sanchez: -- have them sit down with the Administration and -- Commissioner Regalado: No. Chairman Sanchez: -- see what they can do for them? Commissioner Regalado: They have to do it on Sunday, and they have a time -- the time pressures, so I'll move to approve the waiver for the rental fees of -- Chairman Sanchez: All right. There's a motion and there's only you, Commissioner Winton. Commissioner Regalado: -- Coconut Grove Expo Center next Sunday for Josefina Castan"o -- Chairman Sanchez: They're a great organization. Commissioner Regalado: -- Kidney Foundation. Chairman Sanchez: They do -- Commissioner Winton: OK. Chairman Sanchez: -- provide a great service. City of Miami Page 28 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Winton: 1 will second it. Chairman Sanchez: All right. There's a second. Commissioner Winton: Much to my dismay. Chairman Sanchez: Is there -- can I toss him a third? All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Congratulations. Mr. Castano: Thank you very much, Commissioners. Appreciate it. City of Miami Page 29 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 05-01039 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ ARTICLE XI/ DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY" AND DIVISION 3 OF SAID CHAPTER AND ARTICLE OF THE CITY CODE ENTITLED "MAYOR'S INTERNATIONAL COUNCIL" TO PROVIDE SEPARATE QUORUM REQUIREMENTS FOR THE MAYOR'S INTERNATIONAL COUNCIL; MORE PARTICULARLY BY AMENDING SECTIONS 2-887 AND 2-923(F) OF THE CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-021039 SR-Legislation.pdf 05-01039 FR-Legislation from 09-22-05 Meeting.pdf Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: So, we'll go ahead and go with the Mayor item. Anyone from the Mayor's Office? All right. Sir, you're recognized. Jesse Manzano-Plaza: Good morning, Mr. Chair, Commissioners. Jesse Manzano, executive director, Mayor's International Council, for the first item in the Mayor's agenda. Chairman Sanchez: All right, and that item -- hold on. Let me -- Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, if I may elucidate. This is an amendment to the ordinance that creates this council, and it deals with adjusting the quorum requirement. This item came in front of you in September, and it was deferred to today. All that 1 have to tell you is in that preparing this ordinance and doing the research, you need to know that this is not the only committee or group, board, volunteer that serves the City that has that same quorum requirement, and so, therefore, it is legal, it is appropriate -- Chairman Sanchez: It is. Mr. Fernandez: -- it is just relatively unusual, if you would, because there's just a few boards that have that type of a quorum requirement. Chairman Sanchez: Well, it is a policy issue -- Mr. Fernandez: It is a policy issue. Chairman Sanchez: -- for this legislative body. This is the Mayor's International Council, and it focuses on the quorum, and basically, it's an ongoing problem that we have people that, of course, you know, they volunteer for these boards -- City of Miami Page 30 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Allen: And they don't show up. Chairman Sanchez: -- and then they don't show up, and it's a constant problem, not only on -- with this board, but just about every other board because it's on a volunteer basis, and it's hard to get people to, after ten-hour days, you know, leaving their family and coming to these meetings, so I -- it's important for us to do whatever it takes, as long as it's, you know, within the scope of our legislative policy to simples this process so people can attend the meetings, so this is an ordinance -- why don't you read the ordinance? Let's have a motion and a second, and then read the ordinance. Commissioner Winton: Move it. Chairman Sanchez: All right. There's a motion by -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- Commissioner Allen, second Vice Chairman Gonzalez. Mr. City Attorney Mr. Fernandez: Have you opened it up to the public and -- ? Chairman Sanchez: Well -- yes. After you read -- Mr. Fernandez.: OK. Chairman Sanchez: -- the ordinance -- Mr. Fernandez: Certainly. Chairman Sanchez: -- I will open it up for the public. The ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: All right. This is an ordinance on first reading that requires 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. There's already a motion and a second. No further discussion on the item. Madam Clerk, roll call. It's an ordinance. 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 passed on first reading, 5/0. M.2 05-01091 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD, IN THE AMOUNT OF $40,164, FROM MIAMI-DADE COUNTY PUBLIC SCHOOL SYSTEM, FROM A GRANT AWARDED BY THE FLORIDA DEPARTMENT OF EDUCATION, TO PROVIDE SERVICES FOR THE 21ST CENTURY COMMUNITY LEARNING CENTER MIAMI LEARNING ZONE AT HOLMES ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S) TO IMPLEMENT ACCEPTANCE OF SAID City of Miami Page 31 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 GRANT AWARD. 05-01091 Legislation.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-05-0613 Chairman Sanchez: All right. M.2 is a resolution -- Jesse Manzano-Plaza (Mayor's Office): Thank you. Chairman Sanchez: -- also from the Mayor's Office. Commissioner Winton: Move it. Vice Chairman Gonzalez:: Second. Chairman Sanchez: Well -- all right. For the record, there's a motion and a second, but let's put something on the record so people know -- people that are here and people that are watching Net-9 know what we're voting on. Could you please put something on the record? Lisa Martinez: Lisa Martinez, Mayor's Office. M.2 is related to a grant accepting a $40, 000 grant for the work done at Holmes Elementary School related to the Mayor's mentoring initiative. Chairman Sanchez: All right. There is a motion and a second. It's a resolution; doesn't require a public hearing. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. M.3 05-01112 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT OF $10,000, FROM THE SPECIAL REVENUE ACCOUNT ENTITLED, "POVERTY INITIATIVE;" ALLOCATING SAID FUNDS TO THE SPECIAL REVENUE ACCOUNT NO. 147011.792000, TO PROVIDE FOOD, ADVERTISING AND MATERIALS ASSOCIATED WITH THE "MIAMI CARES DAY" EVENT. 05-01112 Legislation.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0614 Chairman Sanchez: We go to M3. It's also a resolution. Vice Chairman Gonzalez: Move M.3. City of Miami Page 31 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Winton: Second. Chairman Sanchez: All right. There's a motion by Vice Chairman Gonzalez, second by Commissioner Winton. Let's have the proper department put something on the record as to this resolution. Brad Simon: Brad Simon, director of Homeless Programs. This is to fund a national day that is modeled after project Homeless Connect, which is one of the President's inner agency council on homelessness project. We're calling it Miami Cares Day, and we will be bringing 30 -- over 30 service providers into the Miami Arena in one day. 1 have over 500 volunteers from the community that will be doing street outreach, and I also have secured over 250 beds to house homeless people on that day. Chairman Sanchez: All right. For the record, it's a resolution of the City of Miami Commission authorizing the transfer offunds, in the amount of $10,000, from the special revenue account entitled Poverty Initiative; allocating said funds to the special revenue account to provide food, advertising material associated with the Miami Care Day event. There's a motion and a second already on the floor. Commissioner Allen: Second. Chairman Sanchez: No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Winton: Anyone in opposition, having the same right, say "nay." Motion carries, and we go toM.4. Commissioner Allen: Yeah. Mr. Chairman, just a quick question before Scott steps away. Scott, I want to personally thank you for your efforts these past couple of days. As you know, we've had some relocation issues of some of my constituents having living in certain conditions and being moved to hotels, so you've been very effective with that, and I want you to continue. If you need any money or help, let us know, OK? Mr. Simon: OK. Thank you, sir. Commissioner Allen: Thanks. M.4 05-01130 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF EDUCATION, IN THE AMOUNT OF $50,000, TO PROVIDE SERVICES FOR THE PAC SUCCESS ACADEMY, LOCATED IN MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 05-01130 Legislation.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-05-0615 City of Miami Page 33 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: All right. M4. Lisa Martinez: Lisa Martinez, Mayor's Office. M. 4 is accepting a $50, 000 grant to enhance parental involvement in relation to collaborating with the school system, and it would be focusing on the Miami Edison Senior High feeder pattern. Chairman Sanchez: All right. It's a resolution of the City of Miami Commission accepting a grant award from the Florida Department of Education -- Commissioner Winton: So moved. Chairman Sanchez: -- in the amount of $50, 000 to provide service for the PAC (Positive Action Through Cooperation) Success Academy. There's a motion by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. Any further discussion on the item? 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. DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 05-00923 DISCUSSION ITEM DISCUSSION ON THE CO -DESIGNATION OF S.E. 6TH STREET AS "BUTCH BRICKELL WAY." 05-00923 Email.pdf 05-00923 Back -Up Resolution.pdf MOTION A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Allen absent, to refer to the Miami Street Codesignation Review Committee, with a positive recommendation, the proposed codesignation of Southeast 6 Street as "Butch Brickell Way." Chairman Sanchez: We go to District 1. 1 believe, Commissioner Gonzalez, you don't have any blue -- on your blue pages? Vice Chairman Gonzalez: No. Chairman Sanchez: We go to Commissioner Winton. You're recognized. Commissioner Winton: I've got to do it. We've got a codesignation of Southeast 6th Street as Butch Brickell Way, and I would move that. City of Miami Page 34 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: All right. There's a motion by Commissioner Winton. Is there a -- Commissioner Regalado: Second. Chairman Sanchez: -- second? Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. The item is open for discussion. Let me say that this is something that's been long overdue, and we know why it was never brought forth, but Commissioner Winton, thank you for the leadership, and there's a couple of people that I think we need to recognize Carmen Pascules (phonetic) is one that has pushed for this for quite some time, and all those that have supported her on her efforts, so there's a motion and a second. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. D2.2 05-01114 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE RECOMMENDATION OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE ("BIC"), AUTHORIZING THE PURCHASE OF VARIOUS STREET LIGHTING REMOVAL, INSTALLATION, UPGRADE, MAINTENANCE AND HOLIDAY LIGHTING SERVICES FROM UNDER POWER CORP., UTILIZING AN EXISTING CONTRACT, PURSUANT TO CITY OF MIAMI COMMUNITY REDEVELOPMENT AGENCY LIGHTING MAINTENANCE AGREEMENT, EFFECTIVE MAY 1, 2002 THROUGH APRIL 30, 2007, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE COMMUNITY REDEVELOPMENT AGENCY TO BE UTILIZED BY THE CITY OF MIAMI DEPARTMENT OF OFF-STREET PARKING ("DOSP") ON BEHALF OF THE BIC, ON AN AS -NEEDED CONTRACT BASIS, IN AN AMOUNT NOT TO EXCEED $60,000; ALLOCATING FUNDS FOR FISCAL YEAR 2005-2006, FROM THE COCONUT GROVE BUSINESS DISTRICT IMPROVEMENT TRUST FUND ACCOUNT NO. 100002462463, WITH ANY FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL; AUTHORIZING DOSP TO NEGOTIATE AND TO EXECUTE ANY NECESSARY DOCUMENTS AND AGREEMENTS FOR SAID PURPOSES. 05-01114 Legislation.pdf 05-01114 Letter.pdf 05-01114 Agreement.pdf 05-01114 Scope Services.pdf 05-01114 Corporate Reso.pdf 05-01114 Purchase Order.pdf 05-01114 Liability Ins.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 Regalado Absent: 1 - Commissioner Allen City of Miami Page 35 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 R-05-0616 Chairman Sanchez: We go to D2.2. It's a resolution. Commissioner Winton: And D.2, D. 3, D.4, D.5 -- I got to look at D.6 again -- but these are all budget items that come from the new Coconut Grove BIC (Business Improvement Committee), so they're all already budgeted, and it needs this Commission approval, and so I would move authorizing the purchase of street lighting services from Under Power Corp, which is D.2. 1 would move that. Chairman Sanchez: All right. D2.2 is a resolution. There's a motion by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. It's a resolution. The item is under discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, the motion carries. D2.3 05-01115 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATIONS OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE PURSUANT TO SECTIONS 2-1252 AND 54-341(d) AND (e) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), WAIVING THE 120-DAY APPLICATION SUBMISSION DEADLINE FOR EVENTS OCCURRING IN THE COCONUT GROVE SPECIAL EVENTS DISTRICT FOR THE 2005 MAD HATTERS ARTS FESTIVAL AND REQUIRING THE 2005 MAD HATTERS ARTS FESTIVAL TO OBTAIN EVENT RAIN INSURANCE; PURSUANT TO SECTION 54-343(5) OF THE CODE AUTHORIZING THE DEPARTMENT OF OFF-STREET PARKING ("DOSP") TO WAIVE THE SUPPLEMENTARY USER FEE FOR THE 2005 MAD HATTERS ARTS FESTIVAL TO BE HELD IN THE COCONUT GROVE SPECIAL EVENTS DISTRICT, MIAMI, FLORIDA; PURSUANT TO SECTIONS 2-1251 AND 54-343(4) OF THE CODE, AUTHORIZING AND DIRECTING THE DEPARTMENT OF OFF-STREET PARKING ("DOSP") TO DISBURSE FUNDS IN THE AMOUNT OF $24,010, FROM THE COCONUT GROVE SPECIAL EVENTS AND MARKETING TRUST FUND, ACCOUNT NO. 1000000860261, IN SUPPORT OF THE 2005 MAD HATTERS ARTS FESTIVAL; AND AUTHORIZING DOSP TO EXECUTE ANY NECESSARY DOCUMENTS FOR SAID PURPOSES. 05-01115 Legislation.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 Regalado Absent: 1 - Commissioner Allen City of Miami Page 36 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 R-05-0617 Chairman Sanchez: We go to D2.3, it's also a resolution. Commissioner Winton. Commissioner Winton: And this is waiving the supplementary user fee for the 205 [sic] Mad Hatters Arts Festival, again, part of the BIC (Business Improvement Committee) process. Chairman Sanchez: All right. Is there a motion? Commissioner Winton: So moved, I mean. Vice Chairman Gonzalez: Second. Chairman Sanchez: Motion by Commissioner Winton, second by Vice Chairman Gonzalez. The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, Madam Clerk. D2.4 05-01116 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF REMAINING FISCAL YEAR 2004-2005 COCONUT GROVE PARKING SURCHARGE FUNDS, IN THE AMOUNT OF $44,537, FROM CAPITAL IMPROVEMENT PROJECT NO. 341330, B-30249; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI'S DEPARTMENT OF OFF-STREET PARKING ("DOSP"), IN ACCORDANCE WITH SECTIONS 35-221, 35-222 AND 35-224 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CODE"), FOR DEPOSIT INTO THE COCONUT GROVE BUSINESS DISTRICT IMPROVEMENT TRUST FUND ACCOUNT NO. 1000024642463; FURTHER DIRECTING SAID FUNDS BE USED BY DOSP EXCLUSIVELY FOR THE PURPOSES SET FORTH IN CODE SECTIONS 35-221, 35-222 AND 35-224, GOVERNING THE USE OF COCONUT GROVE PARKING SURCHARGE FUNDS AND AFTER REVIEW AND RECOMMENDATION BY THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE. 05-01116 Legislation.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 Regalado Absent: 1 - Commissioner Allen R-05-0618 Chairman Sanchez: We go to D2.4. Commissioner Winton -- Commissioner Winton: And this is a -- Chairman Sanchez: -- that's also your item. City of Miami Page 37 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Winton: -- transfer of parking surcharge funds to the Off -Street Parking Authority to deposit into the BIC (Business Improvement Committee) fund. This is the portion of the parking surcharge fund that has to be used for infrastructure improvements. So moved. Chairman Sanchez: All right. There's a motion by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. The item is under discussion. Anyone wishing to discuss the item? Hearing no discussion on this resolution, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. D2.5 05-01139 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE IX, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "STREETS AND SIDEWALKS/COCONUT GROVE SPECIAL EVENTS DISTRICT" BY CREATING A NEW SECTION 54-344, SUPPLEMENTAL BANNER FEE PROVISION, TO SAID CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-01139 FR-SR Legislation.pdf 05-01139 E-mail.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: And we go to the last one, D2.5. It's an ordinance on first reading. Commissioner Winton: And this is a -- Hey, Joyce, you might have to come up here. I forget what the supplemental banner fee for the BIC (Business Improvement Committee). Oh, we're lowering the fee? Oh, that's -- OK. I remember now. We're lowering the banner fee in the BIC - - from what? From 2,000 to $500. Joyce Nelson: Yes, that's correct. Commissioner Winton: OK. Ms. Nelson: Joyce Nelson, executive director of the BIC. Vice Chairman Gonzalez: Commissioner Winton: Thank you. Vice Chairman Gonzalez: Second. Chairman Sanchez: All right. Can you put that on the record, please? Commissioner Winton: Yes. Ms. Nelson: Pardon me? City of Miami Page 38 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: What you just said. You said your name, but just -- Ms. Nelson: Joyce Nelson -- Chairman Sanchez: Yes, I -- Ms. Nelson: -- I'm sorry, it wasn't on -- executive director of the Business Improvement. Chairman Sanchez: And we are reducing -- Commissioner Winton: OK. Ms. Nelson: Yes, we're reducing the fee from 2,000 to 500 -- Chairman Sanchez: OK. Ms. Nelson: -- for the banners across the streets -- Chairman Sanchez: Yes. Ms. Nelson: -- in Coconut Grove. Chairman Sanchez: All right. There's a motion by Commissioner Winton. There is a second by Vice Chairman Gonzalez. It is an ordinance on first reading. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. It will come back to us on a second reading. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. No further discussion on the item from the Commission. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. 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 passed on first reading, 5/0. D2.6 05-01223 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT NOT TO EXCEED $25,000, FROM THE DISTRICT 2 OFFICE ROLLOVER ACCOUNT NO. 001000.920920.6.930; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI'S DEPARTMENT OF PUBLIC FACILITIES SPECIAL REVENUE PROJECT ACCOUNT NO. 119003, FOR BAYWASH 2005, A "CLEAN-UP" MIAMI PROJECT, THAT INVOLVES THE REMOVAL OF OVER FIFTY (50) IDENTIFIED DERELICT VESSELS IN THE GREATER DINNER KEY WATERS. 05-01223 Legislation.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 City of Miami Page 39 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 R-05-0619 Chairman Sanchez: All right. D2.6 is a resolution. Commissioner Winton: This is a transfer of $25, 000 from District 2 rollover fund. This is to help pay for two things. One is a clean-up of the spoil islands that has occurred and is an ongoing issue in the basin here in Coconut Grove, and for the removal of derelict vessels, and I will you that, after the last storm, there were in the neighborhood of 50 derelict vessels removed. Unidentified Speaker: Fifty five. Commissioner Winton: Fifty-five, and I don't know how many new ones we have following this storm, but it's a real issue out there, so that's what this is, and I move it. Vice Chairman Gonzalez: Second. Chairman Sanchez: All right. Great legislation. All right, there's a motion and a second. The motion is made, for the record, by Commissioner Winton and second by Vice Chairman Gonzalez. The item is under discussion and is a resolution. Hearing no further discussion on the resolution, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. DISTRICT 3 CHAIRMAN JOE SANCHEZ D3.1 05-01213 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE REDUCTION OF THE USE FEE FOR THE USE OF THE ORANGE BOWL STADIUM, ON OCTOBER 2, 2005, BY MILESTONE MARKETING, INC. ("PROMOTER"), FOR THE "2005 ORIGINAL BATTLE OF THE BANDS" EVENT, FROM AN AMOUNT OF 10% OF THE GROSS TICKET SALES, TO AN AMOUNT OF $5,000 OR 5% OF THE GROSS TICKET SALES, WHICHEVER IS GREATER, FOR SAID EVENT, CONTINGENT UPON THE PROMOTER'S PAYMENT OF ALL NECESSARY COSTS OF THE CITY OF MIAMI SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT. 05-01213 Legislation.pdf 05-01213 Exhibit 1.pdf 05-01213 Exhibit 2.pdf Motion by Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0620 Chairman Sanchez: And we go to District 3. 1 will pass the gavel to the Vice Chair. City of Miami Page 40 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Vice Chairman Gonzalez: You're recognized, Mr. Chairman. Chairman Sanchez: This is a resolution of the City of Miami Commission, with attachments, authorizing the reduction of the use fee for the use of the Orange Bowl Stadium on October 2, 205, [sic], for the Milestone Marketing, Inc., promoter for the 205 [sic] original Battle of the Bands event, for an amount of 10 percent of the gross ticket sales to an amount of 5,000 or 5 percent of the gross ticket sales, and at this time, I'd like to pass -- is Alex here? All right. Let's go ahead and you state something for the record; it's pertaining to this resolution. Alejandra Argudin: Alex Argudin, Public Facilities. We lowered the amount, as we usually do, to prevent them from going to a competitive venue, but the Commission had passed so we couldn't bring it to the Commission to pass it. We made about a net of $50, 000. We had about 16,800 people attend. Chairman Sanchez: Just for -- to give you a little insight of what the Battle of the Bands are, these are high school bands that come from all over the state to compete at the Orange Bowl. It's a great event. I believe it's been held there for many years -- Ms. Argudin: Many years. Chairman Sanchez: -- so basically, we want to make sure that they stay at the Orange Bowl, and I think it's a great event, so I would have the honor of moving this resolution. Commissioner Winton: Second. Vice Chairman Gonzalez: All right. We have a motion and a second All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. Motion carries. D3.2 05-01214 DISCUSSION ITEM DAVID MARKO AND LETTIE BIEN TO DISCUSS AFFORDABLE HOUSING. 05-01214 Email Affordable Housing.pdf 05-01214 Submittal.pdf MOTION A motion was made by Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, to accept the recommendations made by the Affordable Housing for Military Veterans Task Force, as more fully outlined in the document submitted into the record during the discussion of this item. Vice Chairman Gonzalez: D3.2. Chairman Sanchez: Thank you, Mr. Vice Chair. This is one step further of affordable housing. As you know, we have many men and women that are serving our country oversea, and a lot of these individuals, right now, are finishing their term of duty overseas and they're coming back, and they're coming back to a different city; they're coming back to a different county, and what this affordable housing initiative does, it provides assistance for veterans that are coming back to be able to buy homes and be a part of our city, and at this time, I'd like to introduce David Marko and Lettie Bien, who are here to discuss the Affordable Housing Veterans Initiative. Commissioner Winton: Isn't that Colonel? City of Miami Page 41 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: David, you're recognized. Commissioner Winton: Isn't that Colonel Lettie Bien? Chairman Sanchez: Huh? David Marko: Good morning. Thanks for -- Commissioner Winton: Or has she been promoted? Mr. Marko: Colonel Bien is here, yes. Commissioner Winton: That's what 1 thought. I thought it was Colonel. Commissioner Allen: Thank you. Chairman Sanchez: Oh, I forget. Mr. Marko: David Marko. Chairman Sanchez: Colonel. Mr. Marko: I'm here on behalf of my colleagues. On August 29, Chairman Sanchez convened a task force of local citizens to consider opportunities for home ownership for veterans, especially as he just stated, that first generation that are coming home as a result of the call to war approximately four years ago, and many of them have come -- are now coming home to a community that they can no longer afford to live in. The board -- the task force consists of f ve individuals; myself Gary Rashefsky, of course, a prominent local attorney, who is also a former staffer for the City Commission, who provided a tremendous amount of insight as to how our recommendations might intersect in the existing legislative process; Anthony Williams, who's district director for Congressman Meek who is on the United States House of Representatives Armed Services Committee, and Raul Mas, who is vice president of Gibraltar Bank, and a strong advocate for veterans, and finally, and I would like to introduce her now to take the reigns of introducing our report, Colonel Lettie Bien, who is -- her day job is president of the Coral Gables Chamber of Commerce, but in fact, she's a United States Army Colonel, who just completed, was it, almost two years of service in Baghdad, where she had the -- not quite as onerous as running the City of Miami, but the onerous burden of the reconstruction of Baghdad, and so with that, 1 would like to turn it over to Colonel Bien. Lettie Bien: Thank you. Good morning, gentlemen. Just to set the record straight, I was gone about a little over a year and not two. Two years in Baghdad might have -- really tried my patience; although, it has prepared me for my week and a half now of no power. We were all honored to serve on this Commission that was convened by Commissioner Sanchez, and what we did was -- and I believe you all now have a copy of our recommendations -- we have about 8,500 men and women in the City, in the County that are servicemen and women; many of whom have deployed mostly to Iraq and Afghanistan in the last couple of years. They're coming home to an environment that, needless to say, is different; our housing prices have gone up, and so while the community must resolve the greater issue of affordable home ownership and housing for all of our citizens, it was felt that there was some obligation a little over and above for those military service personnel, particularly, those who responded to the call of duty as Reservists and National Guard to serve our nation at war. The document you have really makes a few recommendations; one is as with regard to permitting process for the construction of residential developments; the second are the guidelines for the veteran eligibility; the third was how it might be administered; and finally, we would say -- add that these recommendations be incorporated City of Miami Page 42 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 into the Miami 21 process. I know you have a busy agenda, and I don't think it's necessary for us to go into the step-by-step recommendations, since you have it there in front of you, but with that -- those recommendation, we leave it to your good judgment to move forward on this program, as well as looking at these types of programs for our community at -large. Thank you. Chairman Sanchez: Thank you so much. At this time, I would make a motion to accept these recommendations. Commissioner Winton: So moved -- second. Vice Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say aye. The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. Motion carries. Chairman Sanchez: Mr. Vice Chairman, before we move, and 1 want to thank you for taking the leadership and the challenge that was tossed your way to make sure that these brave men and women that are coming back, most of them guardsmen, will have an opportunity to be a part of our great City and accomplish the American Dream. After all, they're fighting for us overseas, so thank you so much for your efforts. Vice Chairman Gonzalez: All right. D3.3 05-01217 DISCUSSION ITEM DISCUSSION ON THE CO -DESIGNATION OF 24TH ROAD BETWEEN SW 3RD AVENUE AND SW 1ST AVENUE AS "REVEREND FATHER DEMOSTHENES JOHN MEKRAS WAY" 05-01217 E-mail Co -Designation of Roads.pdf MOTION A motion was made by Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Allen absent, to refer to the Miami Street Codesignation Review Committee, with a positive recommendation, the proposed codesignation of Southwest 24 Road between 3 Avenue and 1 Avenue as "Reverend Father Demosthenes John Mekras Way." Vice Chairman Gonzalez: D3.3. Chairman Sanchez: All right. D3 is a codesignation street closure on 24th Road, between Southwest 3rd Avenue, which is Coral Way, and 1st Avenue as Reverend Father John Mekras Way, and I just, for the record, want to put down a little history on why we are honoring Reverend Father John Mekras, who was active in the South Florida community since 1944; 50 years of which he was the spiritual leader of the Saint Sophia Greek Orthodox Church, located at 2401 Southwest 3rd Avenue, in Miami. Just to give you a little history of the great service that he's done for our community, he help establish the Greek Orthodox parish in South Florida from Melbourne to the Florida Keys, and west to Fort Myers and Naples; served as the Greek Orthodox Chaplin at the VA (Veterans Administration) Hospital, and guided the Saint Sophia community through World War II, and the building of Saint Sophia Cathedral and Community Center. The residents of that area, as well as members of the church, have notified our office that they would like to name that street, and I think it's worthy of the service that they have provided to our community that we honor them by naming that street after a great leader in our community, so moved. City of Miami Page 43 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Regalado: 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: Motion carries. Chairman Sanchez: All right. Vice Chairman Gonzalez: All right. That's it. DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 05-01086 DISCUSSION ITEM DISCUSSION ABOUT PROVIDING A PARK FEE WAIVER, USE OF THE CITY SHOWMOBILE, AND IN -KIND SERVICES TO THE ANNUAL "DIA DEL MUNICIPIO DE SAN LUIS - PROVINCIA DE PINAR DEL RIO" SCHEDULED TO BE HELD AT CARLOS ARBOLEYA PARK ON NOVEMBER 6, 2005. 05-01086 Memo.pdf MOTION A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Allen absent, to support the annual "Dia Del Municipio de San Luis - Provincia de Pinar del Rio" scheduled to be held at Carlos Arboleya Park on November 6, 2005 by waiving the user fee for said park, waiving the fee for use of the City showmobile and providing in -kind services. Chairman Sanchez: District 4. Commissioner Regalado, you're recognized for your blue pages. Commissioner Regalado: Thank you very much, Mr. Chairman. I would like to move D4.1. It's the waiver for a park used for the City's Showmobile, and in -kind services to the annual Dias de Municipio Pinar del Rio, which will be held at Carlos Arboleya Park Robert King High Park in Flagler Street. Chairman Sanchez: All right. There's a motion by Commissioner Regalado. Vice Chairman Gonzalez: Second Chairman Sanchez: Second by Vice Chairman Gonzalez. The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. D4.2 05-01203 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE City of Miami Page 44 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $300, TO THE HISPANIC AMERICAN DIABETES FOUNDATION; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. 05-01203 Legislation.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0621 Chairman Sanchez: You're recognized for D4.2. Commissioner Regalado: This is a resolution of the Miami City Commission authorizing the allocation of funds in an amount not to exceed $300 to the Hispanic American Diabetes Foundation, allocating funds from the District 4 special events nondepartmental account, so moved. Chairman Sanchez: There's a motion -- Vice Chairman Gonzalez.: Second. Chairman Sanchez: -- Commissioner Regalado, second by Vice Chairman Gonzalez. The item is open for discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Commissioner Allen. Commissioner Regalado: He's just coming back in. Pocket items, we do later on. Chairman Sanchez: No. Pocket items, we'll do at the end of the Commission meeting. Commissioner Regalado: OK. Chairman Sanchez: All right. We'll -- we could -- how many items does he have? One -- he's got five items? Vice Chairman Gonzalez: Four. DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN D5.1 05-01082 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE III/SECTION 40-61, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEUCIVIL SERVICE RULES AND REGULATIONS/DEFINITIONS," City of Miami Page 45 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 TO PROVIDE FOR COMPENSATION DETERMINATIONS OF THE STAFF OF THE MAYOR AND CITY COMMISSIONERS TO BE DETERMINED BY ACTIONS OF THE MAYOR AND CITY COMMISSION; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-01082 Legislation.pdf WITHDRAWN A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Winton absent, stipulating that members of the Commission may use the current pay for performance system for City employees to evaluate Commission staff further instructing the City Manager that Commissioners' evaluations and recommended pay adjustments are not to be denied Chairman Sanchez: All right. Let's go back to Commissioner Allen's items. D5.1. Commissioner Allen: Yes, Mr. Chairman. Thank you very much. Mr. Chairman, this is a particular ordinance that's going to require a four -fifth vote. It is largely drafted to clean up, if you will, some language relative to this particular ordinance, and it reads as follows: An emergency ordinance of the Miami City Commission amending Chapter 40, Article 3, Section 40-61 of the Code of the City of Miami, Florida, as amended, entitled Personnel/Civil Service Rules and Regulations/Definitions, " to provide for compensation determinations of the staff of the Mayor and City Commissioners to be determined by the actions of the Mayor and City Commissioner; containing a repealer provision, a severability clause, and providing an effective date, and in effect, what we did here was just to clean up this ordinance and added some -- what we considered to be applicable language that gives each Commissioner and the Mayor the ability to determine their staffs compensation, consistent with existing rules and regulations, as well as the determination if, in fact, those Commissioners and/or the Mayor decides to provide a bonus to a certain staff member, and I looked at this largely from the perspective of this entire year, since I've been appointed, 1 had been really short-staffed, and that was largely because I intentionally did that, but I've had some exemplary performances by members of my staff, and as such, I saw a need that 1 might want to provide a slight bonus to that individual, and having said that, I was -- much to my surprise, I think the City Manager was -- did not approve it or did not feel the need to approve it, and 1 was under the impression that this was something that should be under the total discretion and jurisdiction of each Commissioner because we hire our own staff and we know what our own staff does, so again, this is language that benefits all -- each and every Commissioner that sits here today, as well as the Mayor. Vice Chairman Gonzalez: Second for the purpose of discussion. Chairman Sanchez: All right. There's a motion by Commissioner Allen, second, for the purpose of discussion, by Vice Chairman Gonzalez. Before we open it up for discussion, it is an ordinance and an emergency ordinance that will only require one reading, and it has to pass on a four -fifth vote, so at this time, is there anyone from the public wishing to address this item, please step forward and be recognized? Seeing none and hearing none, the public hearing is closed, coming back to the Commission for the purpose of discussion. At this time, Vice Chairman Gonzalez, you are recognized for the purpose of discussion. Vice Chairman Gonzalez: Yes, Mr. Chairman. In principle, I agree with the ordinance. The only part of the ordinance where I have a problem is on the award of bonuses. I believe that employees should be well compensated. I agree that maybe we need to increase our -- the City Commissioners' budget to be able to pay better salaries to the staff, but as far as giving out bonuses from the people's money, in that, I have a problem. You know, salaries, I think we -- everyone that does a good job, needs to be compensated and compensated well, as -- you know, City of Miami Page 46 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 and let me tell you. If you look at the salaries of the Commissioners' staff and compare them to the regular City employees, they're way, way, way below, and we -- you know, taking into consideration that our staff, they report to us 24 hours, seven days a week. Whenever we call them, they're there for us, and regular City employees, they have their eight hours, and they're unionized, and you can't touch them for this, you can't touch them for that, so yeah, it -- as salaries is concerned, I'm in favor of it. The bonus, if you like to -- you know, if you accept an amendment to remove the bonus portion of -- out of it, I will support it. Commissioner Allen: Right. If I -- Vice Chairman Gonzalez: Thank you, Mr. Chairman. Commissioner Allen: -- may respond, Mr. Chairman. Chairman Sanchez: All right. Commissioner Allen, you're recognized. Commissioner Allen: Yes, and I certainly adhere to Commissioner Sanchez's [sic] concern. It's a valid concern -- Commissioner Winton: How about Commissioner Gonzalez? Commissioner Allen: -- but however, I look at it from the perspective of you have it within the budget, so actually, all you're doing is utilizing that budget. In other words, let's take, for example, hypothetically, let's say I hire a person at a salary range of $30, 000 for the year, and however, I could have very well allocated a $40, 000 salary base to that individual. I've watched that individual's performance throughout the year, and I have made the determination, again, as an incentive, that this person has done exceptionally well, beyond the call of duty, I might decide to give that person a $2, 000 bonus, and I think that should be within my discretion as a Commissioner because I'm the one that observes the performance of my staff, so in effect, it's not actually in the sense that you're saying, Commissioner Sanchez; you're just taking -- Vice Chairman Gonzalez: Gonzalez. Commissioner Allen: -- taxpayers' money; it's already budgeted. It's just that I have not paid that person at that level in which they probably were entitled to be paid, and again, in my example, in my staff, I -- frankly, for this last year or so, had virtually a skeletal staff, and I found out later that I had all this extra money that somehow appeared. By then, it was too late; I couldn't do anything, so I sat there and 1 said, look, I need to try to give these guys bonuses. They've gone beyond the call of duty, and so that's why I'm asking to have this particular ordinance passed. It's something, in my opinion, that's pretty perfunctory, and I think it benefits all Commissioners, and this is not something that will be abused because, bear in mind, again, the budgeted salaries are there. You're just not simply maybe paying the individual up to the level of that salary. Chairman Sanchez: All right. Commissioner Winton. Commissioner Winton: I guess two things. One, I'd like to hear from probably Rosalie or somebody from the administration in terms of what they think about this, and then I'm going to voice my concerns about this ordinance. Is there somebody from -- ? Joe Arriola (City Manager): You want an opinion? Commissioner Winton: -- was it -- is it you or is it Rosalie? I mean, who is it? Mr. Arriola: Well, that's OK; she works for me. The truth of the matter is that 1 believe that City of Miami Page 47 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 what you should approve today is any time as you increase the pay for your employees, your budget should increase accordingly; that way you don't have any restraints of coming back constantly. If your budget is three hundred and something thousand dollars, and all of a sudden you decide that you want to hire -- or not hire --1 mean, you want to increase the pay of somebody, that should not have to be an automatic. You could automatically increase that, and your budget for your office should increase accordingly. The idea of a bonus -- the big problem with the bonus is that now you're excluding 3,500 employees that are working under one set of conditions, and you're going to put other employees in a different set of conditions. I have zero problems if you guys want to put more money in your budget and pay your people more. I mean, zero problems. It's your call, but I think that all employees should fall under the same premises, and all the employees should follow the same rules throughout the City. We cannot have different classes, and that's my opinion, and that's -- you know, you don't have to accept it, but that's what 1 think. Commissioner Winton: Well, interestingly, because my thoughts kind of parallel yours. 1 am concerned about setting up a group of d fferent standards, if we think our people -- if we think our job titles are underpaid, then we ought to have the administration look at that, rewrite the job classifications, upgrade the value of those classifications if we think the individual positions are underclassified, if you will, and I think that's the way we ought to do it. I'm extremely nervous, as just the Manager said, about creating our own little -- you know, our own little personnel policies here where we execute those policies at our discretion that's different from everything else in the City, just from a payment standpoint, number one, and from a bonus standpoint, it's even worse because when you give out bonuses and -- you know, if you're a small, private corporation, you can -- you know, you can get away with virtually anything, but when you get a little bigger, if you don't have a clear-cut system that defines how you get a bonus and why you get a bonus, you can end up with a tremendous amount of dissension in your own office because people begin to think that there's favoritism going on. Now, I love my staff I think they're absolutely terrific. I know they work any hours I want them to work. 1 know they're underpaid I know if they worked on -- in the same -- if they moved out of my office and into the City administration, they could make more money, but the fact is they like working in my office, for reasons that escape me. 1 don't know why they do. They like the abuse. They like the low pay. I don't know what it is, but they're part of the system, and I'm much more comfortable -- and I've run my own business for a long time, and I'm very uncomfortable giving us the discretion to set up our own kind of individual pay system, and because of that -- and I understand what you're saying, Commissioner Allen -- but because of that, I can't support this. Now, maybe I'll be the lone vote and you still get four -fifths, but 1 think it's dangerous for us. I think it's dangerous, long-term, for our City. I think it's dangerous for individual Commissioners long-term, and can create a whole series of problems for us that we don't need. We've got Personnel Department to deal with that, and again, I would go back to the point. If we think our people -- their classifications are underpaid, we ought to go to the administration and say, you need to relook these classifications, and maybe those classifications get bumped up so that you can pay your people more on -- based on classification, but giving us the authority, I can't support. Commissioner Allen: Yeah, and Mr. Chairman, just a quick retort, and then I won't belabor the point any further. Chairman Sanchez: Why don't -- Commissioner Allen: OK. Chairman Sanchez: -- you wait -- Commissioner Allen: Sure. City of Miami Page 48 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: -- for -- in legal terms, you could rebuttal at the end. Commissioner Allen: Yeah. Chairman Sanchez: Let's give Commissioner Regalado an opportunity, then I'll close, and then you can make a closing argument at the end. Commissioner Allen: Right. Commissioner Winton: Very good. Chairman Sanchez: All right. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you very much, Mr. Chairman. I think that this year, either last month or two month ago, did the administration gave bonus to employees? There was -- the administration had employees rated or graded by their supervisors. Were there any bonus given to City employees this year, Mr. Manager? Mr. Arriola: Well, we've established, as you know, something similar to what Governor Bush tried to do. The State of Florida, which is pay -- Commissioner Allen: Precisely. Mr. Arriola.• -- which is something called pay for performance. The pay for performance is a very complicated system, and that when one went through it, they got graded. You also have to remember that the people that we gave the pay for performance pay were people that did not get raises in the prior year because we had frozen all the raises, so it is a system that I have zero problem going along with anybody, including any member of your staff but it has to be a system that has to follow everybody else's system. What I don't want to do is just go out and not having a point system that is rated, that goes through a whole bunch of channels, and it goes through a whole bunch of reviews, altered by just setting up a person making a bonus. I have no authority -- I have the authority, but I didn't use any of my authority to give anybody bonuses. What I had did was, we had panels of people that analyze the point system and the grading system, and it went through three or four phases, and then those that are -- that qualified, we were delighted to give them a pay for performance bump, and that's what we have. What 1 don't want to see is any office not following this same procedure because then you create different classes, so if the Commissioner, or any of you, want to put the whole staff in this same -- we've reached out to you, and I think you graded all your own people, Commissioner, if I recall. Commissioner Regalado: Yeah, I did, but the thing is -- and that was my point -- the thing is that I did grade my staff and it went to the administration, so the ultimate decision rests with the supervising person, which is, more or less, the same that Commissioner Allen is trying to do, but my problem was that we have part timers, which are not within the system, and they couldn't be rated, so it was very difficult to get any kind of performance pay. I have -- I think that, ultimate, the decision -- performance pay is the same thing that a bonus; just it's called different, so it's on in the City. The ultimate decision is made by the supervising person. I'm supposed to be the supervising person of my staff. My Chief of Staff Tony, is the supervising person for the office, and you know, I trust in his wisdom in terms of supervising, so I don't understand the problem here. I just don't understand -- if what you want to accomplish is that the supervising person, which is, in this case, is the Commission -- Commissioner, has the authority to award a performance pay to the employees, what I really am afraid is that we say to the Manager, Mr. Manager, we or I need to give raise to everyone in my office because they work very hard during Katrina and Wilma, and then my budget is amended. I -- that makes me nervous because the City's supposed -- every department is supposed to have the budgets in place, and 1 would -- really would not like to go over budget. In fact, in the 10 years that I have been here, I never City of Miami Page 49 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 been under -- over budget; always under budget in what I was allocated to my office, never, ever, because I respect the City's ways of doing thing, and I remember the Oversight Board and all that, so I don't know, Commissioner Allen. I'm supporting -- the Manager method, it's fine. It's called performance, instead of bonus, so I don't know what you want to do. Mr. Arriola: There's a difference, Commissioner -- Commissioner Allen: If I may re -- Mr. Arriola: -- and the difference is that with a pay for performance system, you have the amounts that you could increase. The way the Commissioner is proposing, you can give somebody a $10,000 bonus. Commissioner Allen: Uh-uh, no. Mr. Arriola: Well, you -- it's all free. That's what we're trying to avoid. We're trying to follow the same procedure for everybody, and if the procedure is that they get a 10 percent bonus and they make, you know, I don't know, 40,000, whatever it is, they get a certain amount on it, OK, so I just want to follow procedure for everybody to be exactly the same thing. Everybody's been satisfied, and I think everybody -- we've made a lot of progress, even though it's our first year on it. Commissioner Regalado: I will support, if we follow the same percentage that the administration follows. Mr. Arriola: Yeah. Commissioner Regalado: 1 have no problem, and it would be up to the Commissioner for the -- Mr. Arriola: Absolutely. Commissioner Regalado: -- to decide the performance -- Mr. Arriola: And you have that right right now. You have that power right now, because we empower you with that, but you have to follow the procedure -- Commissioner Regalado: I have -- Mr. Arriola.' -- and I just don't want -- Commissioner Regalado: -- no problem. Mr. Arriola: -- this to become a free-for-all. Commissioner Regalado: No. I understand. My only problem was the part-timer, and the issue that Commissioner Allen had that he wasn't allowed for the performance pay, or bonus, or whatever, so it's up to you, Commissioner Allen. Chairman Sanchez: Commissioner Allen, I would yield for you, but then I'll close. Commissioner Allen: OK, certainly. Mr. Chairman, quickly, let me respond. There's been a great deal of colloquy and bantering back and forth, and 1 think what's happening here is that we're comparing apples to oranges. My issue is simple. I adopted the very same model that the City Manager currently has in place, which is called performance pay. I have also indicated that I have hired individuals well below the City's mandated budgeted salary, so my question and City of Miami Page 50 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 my ordinance goes directly to paying that person within the budget, not paying them an additional amount of money. It's only going to be based on what's budgeted for that position. For example, I would assume a Chief of Staff position, I was told, is arguably at the salary range of $70, 000. Now, I'm throwing this out hypothetically. I may not be exact, but guess what? I pay my Chief of Staff, I believe, only 45 or $44, 000. Now, if he perform exceptionally well at the end of the year, I should have the di.cretion to pay him an additional $2, 000, if I so chose, which is still well under the budget in which that salary classification was designated, so that's what this ordinance addresses. It does not go into the issue of taking taxpayers' money and a windfall for anyone. Vice Chairman Gonzalez: But -- Commissioner Allen: It's well within the budget. Vice Chairman Gonzalez: Commissioner Allen, would you yield? Commissioner Allen: Yeah, and so -- Vice Chairman Gonzalez: But 1 believe what you're trying to accomplish, without passing an ordinance -- Commissioner Allen: (UNINTELLIGIBLE) have to go back to the City Manager for that decision. Vice Chairman Gonzalez: OK. Commissioner Allen: Because I might need -- who knows, any one of you guys may be met with some sort of what, obstruction in some ways. Vice Chairman Gonzalez: No, but what I'm saying is that what you're trying to accomplish -- Commissioner Allen: Yes. Vice Chairman Gonzalez: -- you can do because if you have enough money in your account, in your office account, and let's say, at the end of the year, some of us take our money and give it to charity organizations, not -for -profits, whatever, whatever, whatever. If you have that amount in your budget, you can request the last payment of the fiscal year or whatever, an increase on that payment, and you know -- and it's of the same thing as giving them a bonus. Commissioner Allen: And I agree with you, Commissioner Gonzalez, and that's what I attempted to do, but however, I was told something entirely different. I was unable to do it, so I figured -- I was directed to the -- Vice Chairman Gonzalez: Well, I don't think -- Commissioner Allen: -- (UNINTELLIGIBLE) ordinance. Vice Chairman Gonzalez: -- Mr. City Attorney, I don't think nobody can forbid a Commissioner Commissioner Allen: Yes. Vice Chairman Gonzalez: -- if you have the money allocated in your office account, to give an increase on salary to one of his employees at the end of the year; can you? Can anybody forbid us from doing that? City of Miami Page 51 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Jorge L. Fernandez (City Attorney): Well, the -- every position in the City has a range, and then your personnel or someone in the administration should answer that. Every individual who works in your office is nominated by you, but is appointed there by the City Manager, and is, in essence, an employee of the City, directly under the Manager because every employee in the City, for the exception of the attorneys, who work in the City Attorney's Office, work for the City Manager. Vice Chairman Gonzalez: OK, so what you're trying to say is that -- cutting the legal speech because it would -- Mr. Fernandez: Yeah. Vice Chairman Gonzalez: -- you know, every ounce that when it goes -- it involves legality, it takes half an hour and -- what you're saying is that if we want to increase one of our employee's salary, it has to go through the Manager? Mr. Fernandez: Yes. Vice Chairman Gonzalez: OK. I don't see a reason why the Manager will deny a Commissioner Mr. Arriola: Never. Vice Chairman Gonzalez: -- an increase on an employee salary if the money's allocated to the budget. Is there a reason? Mr. Arriola: No. As a matter of fact, Commissioner, you know, if you decide to pay your secretary 20,000 and your Chief of Staff 100, 000, that's your problem. Commissioner Allen: That's right. Chairman Sanchez: You got -- Vice Chairman Gonzalez: As long as it is in the budget. Mr. Arriola: That's your problem. Commissioner Allen: Right. Chairman Sanchez: All right. Mr. Arriola: I don't care if you pay six people $1, 000, but you know -- Commissioner Winton: 1-- it -- but I don't -- excuse me, Mr. Chairman. Chairman Sanchez: Yeah. I'm going to be last. Commissioner Winton: I don't -- is that really factual? I don't think you can -- because you have job classifications, and they have a range -- Mr. Arriola: We do. I'm exaggerating -- Commissioner Winton: -- and there's a -- City of Miami Page 52 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Mr. Arriola: -- Commissioner Winton. Commissioner Winton: OK -- Mr. Arriola: Pm -- you know, I'm -- Commissioner Winton: -- but it's important not to get too far out of the range, you know what I mean -- Mr. Arriola: No, no, no, no, of course not. Commissioner Winton: -- in terms of the (UNINTELLIGIBLE). Mr. Arriola: Of course not. You're not, all of a sudden, going to decide that you -- Commissioner Winton: Yeah. Mr. Arriola: -- want to pay a secretary that does secretarial work $70, 000. I mean, that's not -- Commissioner Winton: Yeah. Mr. Arriola: You know, but -- Commissioner Winton: They all have a range -- Mr. Arriola: -- none of you do that. I mean, this is -- Commissioner Winton: They all have a range and -- Mr. Arriola: -- we never had this argument. Commissioner Winton: -- you cannot -- you're not allowed to pay them over the top of the range for that job classification. Mr. Arriola: Absolutely. Commissioner Winton: End of story. Mr. Arriola: Absolutely. Mr. Fernandez: And there are ranges established and -- Commissioner Winton: That's right. Mr. Arriola: Right. Commissioner Winton: And that's the argument I was making earlier, is that if we feel there are people -- and I, frankly, think that they're underclassified, that we ought to get the staff to work on reevaluating those very ranges that currently have been identified as the range for Commission -- different Commission positions -- Mr. Arriola: Commissioner, that takes two seconds, you know that. Commissioner Winton: -- so that -- City of Miami Page 53 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Mr. Arriola: It's up to you. It's not up -- Commissioner Winton: -- they get re-evaluated -- Mr. Arriola: I -- we would never interfere. Chairman Winton: -- so -- Mr. Arriola: We would never interfere there. Chairman Sanchez: Commissioner Allen. Commissioner Regalado: Mr. Chairman. Commissioner Allen: I think -- Chairman Sanchez: Commissioner Regalado. Commissioner Regalado: So, the story here is why don't you model the ordinance to the system of the City Manager, saying that the Commissioner has the authority not, but you know, the discretion to award performance pay to your employees; is that -- you model the ordinance to the one established by the City Manager -- Commissioner Allen: Precisely. Commissioner Regalado: -- saying that the Commissioner has, at the discretion of awarding the performance pay, forget the word bonus, but that you have to live within your budget. You cannot, you know, try to hit a home run, and then come back to the City Commission with an amendment budget of $100, 000 for the rest of the year, and like I say, 1 never have problem with my budget because, you know, you learn to live with no credit cards, so is that, Mr. Manager or Commissioner Allen, something? Commissioner Allen: You know, in fact, I'd certainly adopt what you say, Commissioner Regalado. That's, in fact, what I was attempting to do, and however, we weighed in with this with the City Attorney, and he advised that there would have to be some structural changes with the ordinance. Yes, let's call it performance pay. That's the same model I'm trying to use, adopting the same model by the City Manager, and thus, it should be pretty perfunctory. Mr. Arriola: That's in place right now. You don't have to adopt anything. That's in place. Commissioner Allen: Well, by the same token -- Mr. Arriola: That's in place. Commissioner Allen: -- I had an issue earlier, Mr. City Manager, where I wanted to do a performance pay with my employees, and again, I was obstructed. It was not approved by you. It was a very simple process. Mr. Arriola: Absolutely not. You wanted to give $5, 000 to each one of your employees and 1-- Chairman Sanchez: All right. Commissioner Allen. Mr. Arriola: -- said, no, you have to -- Chairman Sanchez: Listen. City of Miami Page 54 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Mr. Arriola: -- follow the procedures, and -- Chairman Sanchez: Can I -- Commissioner Allen: No, it wasn't $5, 000 -- Mr. Arriola: -- you were not following procedures. Commissioner Allen: -- in fact, and you shouldn't misquote and throw the wrong information out there. Chairman Sanchez: Commissioner Allen. Commissioner Allen: But respectfully, the City Attorney has opined and said this is perfectly legal; this is within our right -- Chairman Sanchez: All right. Commissioner Allen: -- and this is what I'm trying to accomplish. Chairman Sanchez: Commissioner, may I -- we're done? Can I, as the Chair -- Commissioner Allen: Sure. Chairman Sanchez: -- be the last? Commissioner Regalado: But what are we going to do? Chairman Sanchez: Hold on, hold on. I'd like to speak, if I can. Commissioner Regalado: No, I understand that, but he hasn't said if he's going to change the ordinance or -- Chairman Sanchez: He's not going to change the ordinance. He's not changing -- Commissioner Allen: No, no. Chairman Sanchez: What -- Commissioner Allen: I adopt what he says, Mr. Chairman. Chairman Sanchez: All right, but listen, what you're doing here, with this ordinance that you're presenting to us today -- Commissioner Allen: Yes. Chairman Sanchez: -- you are changing the City Code, OK -- Commissioner Allen: Adding language. Chairman Sanchez: -- and this has all the makings of a horrible story. I -- just to caution you on this legislation, the timing is terrible. Every argument has been made here based that you have the right, just like we all have the right, as long as we don't go outside of our budget, to award our staff, which -- if you want to hire a Chief of Staff for 100,000 and -- City of Miami Page 55 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Allen.: I wouldn't do that. Chairman Sanchez: You wouldn't because then you'd have only two people working, but that's just hypothetically speaking. Commissioner Allen: Right. Chairman Sanchez: Let's get to this. The issue here is that you're changing the City Code on an emergency ordinance. 1 could support this if it came in two readings, where you had the first reading; we would debate it, and then had it come back on a second reading that we would probably -- in other words, the timing is horrible when you're trying -- and I could see what you're trying to do. You've got great staff, and your staff deserves to be compensated, but by changing the Code at this time the way that you're doing it on an ordinance, which is an emergency ordinance -- in other words, a four -fifth vote and it changes the City Code, it is a horrible presence [sic] to do here today. Now, Mr. City Attorney, if -- well, it's all about a timing issue that I don't want to be get into because it's not going to be in your favor. Commissioner Allen: And, Mr. Chairman, if I could just quickly respond. Chairman Sanchez: Yes. Commissioner Allen: Commissioner Regalado -- Chairman Sanchez: I'll yield to you. Commissioner Allen: -- made a recommendation. Again, the purpose of this was to simply adopt the same business model that the City Manager has, performance pay, and that each Commissioner should not be precluded from executing that performance pay to which I was precluded, and so the only way for me to be on equal footing with my fellow Commissioners is to do it the correct way, legally, is through an ordinance amendment, and that's the route that we choose -- chosen. Now, because of of course, the sunshine law, I don't have the opportunity to discuss this issue with each of you Commissioners individually; only into the agenda meetings, so to that end, perhaps what we should do is -- I think we got an assurance from the City Manager here -- maybe what I should do is pull this and we can work on it and continue to massage it, but it is clearly my opinion that I have an understanding now with the City Manager that what I'm attempting to do is very similar to what has already been instituted. Chairman Sanchez: Right. Commissioner Allen: In fact, I copied his business model, which is a great business model, performance pay, and that I would like to have that done and be not met with any obstacles -- Chairman Sanchez: Withdraw -- Commissioner Allen: -- or precluded. Chairman Sanchez: -- your original motion. Commissioner Allen: OK. Yes. Chairman Sanchez: Make a motion to withdraw your original motion. Commissioner Allen: I'll make a motion that we withdraw the original -- the ordinance on the -- well, I can't do that, right. Madam City Clerk, 1 would -- City of Miami Page 56 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: So, if there's no action, it dies. Ms. Thompson: Right. Chairman Sanchez: A11 right, there's no action, so there -- Commissioner Allen: Yeah. I'll just simply withdraw -- Chairman Sanchez: Well -- Commissioner Allen: -- withdraw it. That's -- that'll be -- Ms. Thompson: Exactly. Chairman Sanchez: Madam Clerk -- Commissioner Allen. -- sufficient. Chairman Sanchez: -- there's two ways we could take care of that. Someone could -- Commissioner Allen: I withdraw it. Chairman Sanchez: -- the motion; it dies, or we vote it down, correct? Ms. Thompson: Correct. Chairman Sanchez: All right. Commissioner Allen: Yeah. Chairman Sanchez: So, why don't we do something? The Commissioner who moved it, second, you'll withdraw your motion. Commissioner Allen: Right, that's correct. Chairman Sanchez: Commissioner -- Vice Chairman Gonzalez: Second the withdrawal. Chairman Sanchez: OK, so there is no motion -- there is no motion on the floor. Commissioner Allen: Correct. Chairman Sanchez: Now, what is the new motion you'd like to present? Commissioner Allen: Now, the new motion will be couched as -- Chairman Sanchez: Job performance. Commissioner Allen: -- both a motion and a directive, if you -- Chairman Sanchez: Performance pay. Commissioner Allen: Performance pay; that each Commissioner has the ability to execute what City of Miami Page 57 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 is considered to be performance pay, which what -- which is the same level of a payment that the City Manager avails himself of, and that each Commissioner should not be met with any obstacles in any way. It should be something left in each Commissioner's discretion. Once it's been approved by the Commissioner, then it should be somewhat perfunctory; the City Manager should sign off on it. There shouldn't be this, if you will, attempt to obstruct it, in any way. Chairman Sanchez: Now, this still continues to be an emergency ordinance that requires a four -fifth vote. Commissioner Allen: Wait. Chairman Sanchez: Oh, yes, it does. Commissioner Allen: Oh, wait, wait. Well, maybe I should -- Commissioner Regalado: No, it doesn't. Chairman Sanchez: Yes, it does. Commissioner Allen: Now -- Commissioner Regalado: No, because he's -- Commissioner Allen: Because it's consistent -- was -- Chairman Sanchez: You're still changing -- Commissioner Allen: Because -- Chairman Sanchez: -- the City Code. Commissioner Allen: No, no, no. No, no, no. Chairman Sanchez: No. Commissioner Allen: I withdrew that motion. I withdrew that, so what I'm doing now is -- we've been advised by the City Manager that what I'm attempting to do is already in existence, and however, this is both a motion, and if you will, a directive through the City Manager, to make sure that each Commissioner has the ability to execute performance pay, and that once that Commissioner makes that decision, it should be readily adopted and accepted by the City Manager. Mr. Arriola: That happens now. Commissioner Allen: Well, if it happens now, Mr. City Manager, then I attempted to do it and I was met with obstruction, so I'm puzzled. Mr. Arriola: You didn't follow procedures. Commissioner Allen: What's the -- I disagree with you. I followed clear procedures; was well within the budget, so -- Chairman Sanchez: Mr. City Attorney. Vice Chairman Gonzalez: All right. City of Miami Page 58 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Mr. Fernandez: Yes. Vice Chairman Gonzalez: I'll second the motion. Chairman Sanchez: Mr. City Attorney, Mr. City Attorney -- Mr. Fernandez: Yes. Chairman Sanchez: -- could you guide us on the legality of this? Mr. Fernandez: The legalities of what? Chairman Sanchez: Yes, as -- Mr. Fernandez: Of the -- Chairman Sanchez: -- to the motion that's on the floor right now. Mr. Fernandez: The motion that's on the floor now. The motion that's on the floor now presumes that the -- each Commissioner will have a pay for performance plan that would be -- Chairman Sanchez: We do already. Mr. Fernandez: -- identical or would be, in essence, the same pay for performance plan that the City Manager has for the entire City -- Commissioner Allen: Correct. Mr. Fernandez: -- and if that is the case, in my opinion, that's a redundancy because all of the employees of the City that are assigned to work in your offices are already members of the City Manager's staff -- Commissioner Allen: Correct. Mr. Fernandez: -- and so, therefore, they are subject to the same pay for performance plan that the City Manager has in place for the entire city. Chairman Sanchez: So, it's already in place. Commissioner Allen: It's already in place, and therefore, in furtherance of that, Mr. Chairman, 1 would reiterate, if you will, a directive to the City Manager, in my opinion, it should be rather perfunctory, once the immediate supervisor, in this case Commissioners, made that decision, and it's well within the budget, it should be rightfully signed off by the City Manager, and there should be no preclusion whatsoever or any obstruction to that end. Chairman Sanchez: All right. Commissioner Allen: That's my point and that's my position. Chairman Sanchez: There is a motion -- Vice Chairman Gonzalez, did you second that motion? OK. There's -- Vice Chairman Gonzalez: I did. City of Miami Page 59 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: -- a motion and a second. It's an ordinance. It requires -- Mr. Fernandez: No, no. Commissioner Regalado: No, no. It's not an ordinance. Commissioner Allen: No, no, it's not an ordinance. Mr. Fernandez: The ordinance -- the motion on the ordinance has been retrieved. Ms. Thompson: Has been withdrawn. Chairman Sanchez: I -- Commissioner Allen: Retrieved, right. Chairman Sanchez: All right. I -- Vice Chairman Gonzalez: It's a resolution. Chairman Sanchez: It's a resolution. Commissioner Allen: It's a resolution, correct. Chairman Sanchez: It's a resolution. Mr. Fernandez: Well -- no -- Ms. Thompson: No, no, no. Mr. Fernandez: -- not a resolution, either. It's a directive expressing City Commission policy and direction to the City Manager to look at what is being recommended. Chairman Sanchez: All right. Vice Chairman Gonzalez: But -- OK, let's -- Chairman Sanchez: Still under discussion. Vice Chairman Gonzalez: -- finish this discussion -- Chairman Sanchez: This is going to take -- Vice Chairman Gonzalez: -- and then I'm going to ask a question. Commissioner Allen: Sure. Commissioner Gonzalez.: 1 do have a question, because let me tell you. I have done evaluations of employees on ABD (Allapattah Business Development) -- at ABD company, and you know ABD company; you did a lot of business with that company. I was the manager of that company, and I had 50 employees under me, of whom 1 had to do an evaluation every six months; that was company policy, and according to the evaluation, then you rated the amount of increase that you were going to give to each employee. My question is -- and according to the performance report, you find the weak points of the employee and the strong points of the employee, and according to that -- and then you do counseling, OK, and try to improve the weak points of the City of Miami Page 60 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 employee for a better evaluation within six months. I'm going to go even further. After three bad evaluations, you're fired, OK, so I wonder, how many of these evaluations have been done to determine the increases that were given to the employees in this current period? How many meetings -- how many employees have been interviewed and asked their strong points and weak points, and how many discussions took place, how many counseling sessions took place, because that's a real performance pay system. Now, if we want to invent some kind of a name and give it to some raises -- because let me tell you. 1 know of a case in a City of Miami department where there are about seven executives, and most of the executives -- and I don't want to mention names. I don't want to go into specifics because then probably, the guy will be fired or penalized or whatever. Six of the seven got a bonus of I think it was $8, 000 or $9, 000. This guy was only given $2, 000. When he went to his supervisor, they raised the bonus to $4, 000, but even though the guy had -- does the same -- is also -- is an executive like the other guy, holds two jobs; the other two guys only hold one job, and he gets a lesser bonus, so you know, one thing that I want to make sure -- and then this -- just me talking, OK, one Commissioner. Each one of us is an independent voice and an independent vote -- is that 1 want whatever we do here to be fair for everyone, and everyone be treated the same because they're all part of one City, one government that should have one set of rules, and everybody should govern by that set of rules and standards and procedures, and it shouldn't be because you're my friend, you're going to -- I'm going to give you 10 percent raise. You're not my friend;; I'm going to give you two percent. You have -- you are in between, then maybe 1 give you five, you know. That is the type -- and that's why I explain to you -- and you know, Mr. Arriola, because you know me from back then, when I used to be a manager ofABD company that I had to do that every six months to my supervisors and to my employees, so -- and that, as far as 1 know, hasn't been done here. Mr. Arriola: Not yet, sir, no. Vice Chairman Gonzalez: It has. Mr. Arriola: Commissioner, we -- everybody that's -- that is not in the bargaining units, every single employee has gone through that process, every one, nonunion. Vice Chairman Gonzalez: Nonunion. Mr. Arriola: Yes. Vice Chairman Gonzalez: Because this -- Mr. Arriola: And some of -- Vice Chairman Gonzalez: -- doesn't apply to union employees? Mr. Arriola: That's right, sir. Vice Chairman Gonzalez: It doesn't apply to union employees? Mr. Arriola: No. They have their contracts and, you know, there's a whole different -- Vice Chairman Gonzalez: Forbids that. Mr. Arriola: Pardon me? Vice Chairman Gonzalez: Their contracts forbids from us to do an evaluation or from you -- Mr. Arriola: No, no, we do -- City of Miami Page 61 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Vice Chairman Gonzalez: -- to do an evaluation? Mr. Arriola: -- evaluations, sir, but as far as the pay and all that, you know, that's part of the contract with the unions. Vice Chairman Gonzalez: All right. OK. Chairman Sanchez: Commissioner Regalado, and hopefully, we could put this to closure. Commissioner Regalado: OK. 1 am surprised by that information because it brings other issues and other questions. The question is, OK, these six executives or seven executives from the same department, the fact that one was given a lower -- very lower dollars on performance pay, excuse me, means that that person is not doing a good job, according to the director, so he's still there. Vice Chairman Gonzalez: According to the compensation, no, but in fact, he is. Commissioner Regalado: But that's the point, that's the point. The performance pay grades the kind of job you do. If you get $2, 000, and the one that is next to you does the same get $8, 000 means that this other one is working harder than you and better than you -- Vice Chairman Gonzalez: Supposedly. Commissioner Regalado: -- so 1 don't understand why he's still there, if he only got $2, 000. Probably, he should have been moved and bring somebody who deserves $8, 000 to do the job, but the other question is, I wonder who got zero. If anybody got zero, it means that it's not good, and if not good, is that person still there? Those are question of the system, but then, you know - - did anybody get zero? Yes? And what happened to them? Rosalie Mark: Rosalie Mark, Employee Relations. There were only a couple of people, and they have a procedure in place where they go before Civil Service and further action will take place. The design of this program is really to set a platform -- Commissioner Regalado: Excuse me, Rosalie. Ms. Mark: Right. Commissioner Regalado: The Manager said that no union employees will get bonus or performance pay. Ms. Mark: It only applied to nonbargaining unit employees, that's correct. Commissioner Regalado: And how can they go to the Civil Service -- Ms. Mark: All employees can go to the Civil Service. Commissioner Regalado: Oh, so they can challenge -- Ms. Mark: No. We would take it to the Civil Service -- Commissioner Regalado: Oh. Ms. Mark: -- if an employee reached or didn't reach a certain plateau in the grading. This program identified exactly what was expected of employees going forward. It's based on the strategies of the City and the goals. Next year, when we implement the second phase of this, there's going to be even greater accountability, and the program is designed to really recognize City of Miami Page 62 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 the people that are performing well; the ones that need development to improve their skills and strengths, and we deliver training programs to match that -- Commissioner Regalado: Oh, that's -- Ms. Mark: -- and those that aren't performing well are not going to wait a year for that information. Commissioner Regalado: So, this is the only business that gives people that do not perform a second chance because -- Ms. Mark: No. I think every business is -- Commissioner Regalado: -- in the radio, if you don't perform, you're fired. Ms. Mark: Well, I -- Commissioner Regalado: I mean, if you have bad ratings, you're off the air. Ms. Mark: I would hope that an employee wouldn't have to wait until that appraisal to find out they're not performing. Commissioner Regalado: But like I said, you said several people got zero. If you get zero, it means that you're not performing. Ms. Mark: Nobody got zero. Commissioner Regalado: Oh. I asked specifically -- Ms. Mark: Nobody got a zero on their performance score -- Commissioner Regalado: No, no, no, zero monies. Ms. Mark: -- but there were some -- yes, there are some -- Commissioner Regalado: -- zero money. Zero dollar. Ms. Mark: -- people that did not get an increase. Commissioner Regalado: So they don't perform. Ms. Mark.' That's correct. Commissioner Regalado: And what will you do with them? Ms. Mark: We're following progressive discipline, and then, eventually, they're terminated, if they don't improve. Commissioner Regalado: Oh. OK. Ms. Mark: Which is -- Chairman Sanchez: All right. Ms. Mark: -- best practice. City of Miami Page 63 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: All right. No further discussion on the motion. It's just a motion. The motion has been put forth by Commissioner Allen, second by -- Vice Chairman Gonzalez: 1 second. Chairman Sanchez: -- Vice Chairman Gonzalez. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Allen: Yes. D5.2 05-01092 DISCUSSION ITEM DISCUSSION CONCERNING WHAT BILLBOARD ENFORCEMENT ACTIONS HAVE THE CITY TAKEN TOWARD NATIONAL ADVERTISING IN LIGHT OF THE CITY'S FEDERAL VICTORY. 05-01092 Email.pdf DEFERRED A motion was made by Commissioner Allen, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to defer Item D5.2. Chairman Sanchez: All right. Where are we at now? Commissioner Allen: I think we're on D5.2. I'm going to pull D5.2. Chairman Sanchez: All right. There's a motion to defer D5.2. Is there a second? Commissioner Regalado: Second. Chairman Sanchez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and D5 [sic] has been -- Commissioner Allen: D5.2. Chairman Sanchez: -- pulled. Commissioner Allen: Right. D5.3 05-01125 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1000, TO THE LIVING WORD BAPTIST CHURCH; ALLOCATING FUNDS FROM THE DISTRICT 5 ROLLOVER ACCOUNT CODE NO. 001000.920922.6.930. 05-01125 Legislation.pdf City of Miami Page 64 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Motion by Commissioner Allen, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Allen Absent: 2 - Commissioner Gonzalez and Winton R-05-0622 Commissioner Allen: Next, Mr. Chairman, is D5.3. This is a resolution of the Miami City Commission authorizing the allocation offunds in an amount not to exceed $1,000 to the Living Word Baptist Church, allocating funds from the District 5 rollover account, Code number 00100092092226930. Chairman Sanchez: All right. There's a motion. Commissioner Regalado: Second. Chairman Sanchez: Is there a second? Commissioner Regalado: Second. Chairman Sanchez: Second. We're missing two Commissioners. Commissioner Allen: Right. Chairman Sanchez: There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. D5.4 05-01218 DISCUSSION ITEM DISCUSSION AUTHORIZING A RESOLUTION OF THE MIAMI CITY COMMISSION TO DIRECT THE CITY MANAGER TO DECLARE SURPLUS THE CITY -OWNED REAL PROPERTY LOCATED AT 6000 NORTHWEST 12TH STREET, MIAMI, FLORIDA ("PROPERTY"), AND CORRESPONDINGLY AUTHORIZING THE CITY MANAGER TO CONVEY SAID PROPERTY TO THE NEW HORIZONS COMMUNITY MENTAL HEALTH CENTER, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, WHICH PROVIDES COMPREHENSIVE MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES FOR THE RESIDENCE OF THE CITY OF MIAMI. 05-01218 Email.pdf DISCUSSED Discussion of item D5.4 resulted in resolution below: [D5.4] 05-01218a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO DECLARE SURPLUS THE CITY -OWNED REAL PROPERTY LOCATED AT 6000 NORTHWEST 12TH STREET, MIAMI, FLORIDA ("PROPERTY"); AUTHORIZING THE CITY MANAGER TO CONVEY THE PROPERTY TO THE NEW HORIZONS COMMUNITY MENTAL HEALTH City of Miami Page 65 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 CENTER, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, TO PROVIDE COMPREHENSIVE MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES FOR THE RESIDENTS OF THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0652 Chairman Sanchez: D -- Commissioner Allen: This will be, lastly, D5.4, Mr. Chairman. Chairman Sanchez: Right. Commissioner Allen: This is a discussion item authorizing a resolution of the Miami City Commission to direct the City Manager to declare surplus city -owned real property, located at 6000 Northwest 12th -- that should be Northwest 12th Avenue, Miami, Florida, and correspondingly authorizing the City Manager to convey said property to the New Horizon Community Mental Health Center, a Florida not -for -profit corporation, which provides comprehensive mental health and substance abuse services for the residents of the City of Miami, and I do believe there will be -- both parties will be opining on this. Madam Rodriguez, I believe, as well as -- Chairman Sanchez: All right. Commissioner Allen: -- members of the board from the New Horizon community. Chairman Sanchez: OK. Let's go ahead Joe Arriola (City Manager): For the record, the Administration -- Chairman Sanchez: Madam Director. Mr. Arriola: For the record, the Administration is supporting this item. Barbara Gomez -Rodriguez (Director, Community Development): Right. Chairman Sanchez: The Administration is supporting this? Mr. Arriola: Yes. Ms. Gomez -Rodriguez: Yes. Commissioner Allen: Yes. Chairman Sanchez: Madam Director. Ms. Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. This was a property that the City invested $560, 000 in 1987. We foreclose on the property on June of 2000. The property has cost the City in the last four years 346, 694. New Horizon have been City of Miami Page 66 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 renting since 1984. They've been there 21 years. We feel comfortable and we do recommend -- we support this resolution. Commissioner Winton: Is there -- Chairman Sanchez: All right. Commissioner Winton: -- a second? Jorge L. Fernandez (City Attorney): But there is no resolution. This -- Chairman Sanchez: There is no -- Mr. Fernandez: -- is just a discussion item. We'll come back with a resolution. Chairman Sanchez: This -- Mr. Fernandez: We'll come back with a resolution. Ms. Gomez -Rodriguez: Right, OK. Commissioner Allen: Right. Commissioner Winton: Oh. Chairman Sanchez: This item that's in front of us is a discussion item. Commissioner Allen: Right. Chairman Sanchez: It may result a resolution or legislation -- Ms. Gomez -Rodriguez: Right. Chairman Sanchez: -- out of it, but right now, as it is in front of this Commission, it is just a discussion item. There is no second to this item. Commissioner Allen, you're -- you were going to make a motion, correct? Commissioner Allen: Yes, I'll make a motion, and then, thereafter, I'd like to convert it into a resolution, but -- Chairman Sanchez: Whoa, whoa, whoa. Commissioner Winton: Second. Commissioner Allen: -- I was just distracted. Chairman Sanchez: 1 need a second for the purpose of discussion. Commissioner Allen: Oh, yes. Chairman Sanchez: Is there a second? Commissioner Winton: Second. Chairman Sanchez: Second by Commissioner Winton, for the record, and the item is now under City of Miami Page 67 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 discussion. Commissioner Allen -- Commissioner Winton: 1 think it's been discussed Chairman Sanchez: -- you're discussing the item. You called for a discussion. Commissioner Allen: Yeah. Again, frankly, I expected the board members. Ms. Gomez -Rodriguez: They're -- Commissioner Allen: Are they here? Ms. Gomez -Rodriguez: There are representatives here from New Horizon. Commissioner Allen: OK. My only -- well, obviously, I support this because I know the history of this great organization, and this particular piece of property is centrally located within my district, and so it's been there for a great many years; it serves a great purpose, and 1 do believe Ms. Gomez -Rodriguez: We do support. Commissioner Allen: -- Madam Rodriguez, you have worked with these guys, and there -- Ms. Gomez -Rodriguez: Yes. Commissioner Allen: -- (UNINTELLIGIBLE) there will be some strict conditions attached to this Ms. Gomez -Rodriguez: Yes. Commissioner Allen: -- as well, so Mr. -- Chairman Sanchez: All right. There is no opposition on this -- Commissioner Allen: No opposition. Chairman Sanchez: -- item. Maybe you -- Commissioner Allen: Right. Chairman Sanchez: -- could just come up and say thank you. Commissioner Allen: Yeah. Robert Eliaj: Thank you. Chairman Sanchez: There you go. Commissioner Allen: Right. Chairman Sanchez: All right. Commissioner Allen: And -- Priscilla A. Thompson (City Clerk): I'm sorry, Chair, I don't know who said "thank you." City of Miami Page 68 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Ms. Gomez -Rodriguez: State your name. Chairman Sanchez: Sir. Mr. Eliaj: Robert Eliaj, Baxter Elias law firm, on behalf of the New Horizons. Ms. Thompson: Thank you. Chairman Sanchez: We strive to keep good records here, sir. Commissioner Allen: And we might also -- Chairman Sanchez: Thank you. Commissioner Allen: -- point out one of the lesser board members is a former mayor of Miami -Dade County, Alex Penelas; is that -- do I speak correctly or -- is he a board member or is he just legal counsel on behalf of the -- ? Mr. Eliaj: He's also legal counsel to the -- Commissioner Allen: Right. Mr. Eliaj: -- not -for -profit. Commissioner Allen: Got it. OK. Chairman Sanchez: All right. There is a motion by Commissioner Allen, second by Commissioner Winton. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Chairman Sanchez: Frank, why don't we get you out of here? Commissioner Allen: Right. Chairman Sanchez: Are you ready? Commissioner Allen: Is it -- Mr. Chairman. Chairman Sanchez: Yes. Commissioner Allen: Just to end on this issue here, can 1 now make -- I'd like to make a resolution -- I mean, convert this into a resolution. It's a discussion item. I do believe, Madam Clerk, I'm within my -- Chairman Sanchez: We voted it under -- Commissioner Allen: But it's a discussion item. I can convert it to a resolution, right? Chairman Sanchez: No. The motion you made was based on -- Mr. Fernandez: On this being -- City of Miami Page 69 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: Yes. Mr. Fernandez: -- a resolution -- Chairman Sanchez: Yes. Mr. Fernandez: -- declaring it -- Commissioner Allen: OK. Mr. Fernandez: -- surplus -- Chairman Sanchez: Yes. Mr. Fernandez: -- and authorizing the City Manager to deed it. Commissioner Allen: Right, OK. Ms. Gomez -Rodriguez: Right. Commissioner Allen: Thank you. Ms. Gomez -Rodriguez: Thank you. Mr. Fernandez: Well prepare a resolution after the fact. Commissioner Allen: Right. Ms. Gomez -Rodriguez: Thank you. Chairman Sanchez: OK, as stated for the record. City of Miami Page 70 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 PUBLIC HEARINGS PH.1 05-01117 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Administration (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE ACQUISITION OF INTERNET ACCESS TO THE GRANTS LOCATOR SOFTWARE AND DATABASES, FOR THE OFFICE OF GRANTS ADMINISTRATION, FROM E-CIVIS, THE SOLE -SOURCE PROVIDER, IN AN ANNUAL AMOUNT NOT TO EXCEED $24,000, FOR A ONE-YEAR PERIOD, WITH AN OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, FOR A TOTAL AMOUNT NOT TO EXCEED $72,000; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $24,000, FOR FISCAL YEAR 2005-2006, FROM ACCOUNT CODE NO. 001000.980101.6.340, WITH FUTURE FISCAL YEAR FUNDING SUBJECT TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR SAID PURPOSE. 05-01117 Legislation.pdf 05-01117 Summary Form.pdf 05-01117 Memo.pdf 05-01117 Memo 2.pdf 05-01117 Memo 3.pdf 05-01117 Public Hearing Notice Memo .pdf 05-01117 Public Hearing Notice.pdf 05-01117 Letter.pdf 05-01117 Subscription Agreement.pdf 05-01117 Award.pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0627 Chairman Sanchez: All right. Madam Clerk, I -- we want to -- I want to carry till about 12:30, we could get a lot of these items done. I really would like to get out of here maybe about 5, 5:30. Commissioner Regalado: Can we do appointments because 1 have to leave at -- Chairman Sanchez: Appointments? No, no. We'll do appoint -- appointments for what, for boards? Commissioner Regalado: Yeah. Chairman Sanchez: No. We'll do appointments at the end, with the pocket items. We've got -- Commissioner Regalado: Oh, at the end of the meeting? City of Miami Page 71 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Winton: End of the meeting. Commissioner Regalado: Oh, in the afternoon? Chairman Sanchez: Yeah. You're coming back, right? Commissioner Regalado: Yes, of course. Chairman Sanchez: All right. Commissioner Regalado: I mean -- Chairman Sanchez: All right. Where are we at now? Commissioner Regalado: There's no traffic light, but -- Chairman Sanchez: P what? Commissioner Regalado: -- I'll be trying to -- Commissioner Winton: PH.1. Priscilla A. Thompson (City Clerk): PH.1. Chairman Sanchez: All right. All right, Public Hearing number 1. All right. We need someone from the administration on PH.1. Robert Ruano: Robert Ruano, director of Grants Administration. This is a sole source for eCivis, which is a grants locator software. We've had it about three years. It's helped us with competitive awards. There's really nothing else like it. There's a lot of cities, municipalities across the country are using it. Chairman Sanchez: All right. Mr. Ruano: Very useful. Chairman Sanchez: Need a motion. Commissioner Winton: Move it. Commissioner Regalado: Second. Chairman Sanchez: There's a motion -- Commissioner Regalado: Question. Chairman Sanchez: -- by Commissioner Winton, second by Commissioner Regalado, for the purpose -- Commissioner Regalado: Question. Chairman Sanchez: -- of discussion. Commissioner Winton: Four -fifth vote. City of Miami Page 72 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Regalado: What -- Commissioner Winton: We have -- Commissioner Regalado: -- happened -- Commissioner Winton: -- problema. Commissioner Regalado: -- with Homeland Security grant request for the Fire Department? Mr. Ruano: We haven't heard a response yet. Commissioner Regalado: And they were supposed to -- Mr. Ruano: By the end of October, but we haven't -- sometimes they take a -- Chairman Sanchez: Four -fifth. Mr. Ruano: -- little bit longer. Chairman Sanchez: I'm sorry. This requires a four -fifth, and we do not have a four -fifth at this time, so we'll table it for now. We'11 get back to it. "[Later... J" Chairman Sanchez: All right. We did PH.6. Commissioner Winton: Should we do -- did we do PH.1? Jorge L. Fernandez (City Attorney): No. Commissioner Winton: We have to go back to PH 1. Chairman Sanchez: I'm sorry? Commissioner Winton: PH. I. Chairman Sanchez: PH.1. Commissioner Winton: That's the one we didn't have four -fifth vote. Chairman Sanchez: Well, this is what happens when you have a voluminous agenda that we continue and continue. PH.1. All right, PH.1 is a resolution. It's a public hearing. Anyone from the Administration, please step forward and state something for the record Commissioner Winton: He already did. Mr. Ruano: OK. You want me to say it again? Robert Ruano, director of Grants Administration. This is a purchase for a grants locator software eCivis that we've been using for the last three years. Commissioner Winton: So moved. Chairman Sanchez: All right. We have a four -fifth vote. Now -- oh, for the record, there was a motion and a second. City of Miami Page 73 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Winton: Yeah. Chairman Sanchez: Motion was made by Commissioner Winton, second by Commissioner Allen. The item is back in front of us because it did not have a four -fifth. It has a four -fifth now. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, for the record, the public hearing is closed, coming back to the Commission for a vote. 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. PH.2 05-01066 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED " HAZELTON PARK FIRST ADDITION," 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 SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 05-01066 Legislation.pdf 05-01066 Exhibit 1.pdf 05-01066 Exhibit 2.pdf 05-01066 Exhibit 3.pdf 05-01066 Exhibit 4.pdf 05-01066 Exhibit 5.pdf 05-01066 Summary Form.pdf 05-01066 Legal Description.pdf 05-01066 Public Hearing Memo.pdf 05-01066 Public Hearing Ad.pdf 05-01066 Legal Description 2.pdf 05-01066 Public Works Memo.pdf 05-01066 Public Works Ad.pdf 05-01066 Legal Description 2.pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0624 Chairman Sanchez: PH.2. PH2 is a public hearing, resolution. Stephanie Grindell (Director, Public Works): Stephanie Grindell -- Chairman Sanchez: It's a plat. City of Miami Page 74 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Ms. Grindell: -- director of Public Works. This is a resolution accepting a proposed plat of Hazelton Park First Addition, which is located on the northwest corner of Southwest 8th Street and Southwest 52nd Court. Chairman Sanchez: All right. It's a public hearing. Before -- we need a motion and a second. We don't -- Commissioner Regalado: I'll move it. Chairman Sanchez: We don't have a quorum. Priscilla A. Thompson (City Clerk): Yes. Commissioner Regalado: Yes. He's there. Chairman Sanchez: All right, he's here. All right. There's a motion. Commissioner Winton: How do we do that? How -- what do we have to -- Chairman Sanchez: PH.2, it's a plat. Commissioner Winton: A plat. Hold on a second (UNINTELLIGIBLE) -- Chairman Sanchez: OK. Commissioner Winton: (UNINTELLIGIBLE). Chairman Sanchez: There's a motion and a second. Before we open it up for discussion, it's a resolution. It's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. George Leon: I'm the -- Chairman Sanchez: Sir, state your name and address for the record. Mr. Leon: Yeah. George Leon, 7542 Southwest 143rd Avenue. I'm the owner's rep for MED, managing director. We're replatting a corner. Chairman Sanchez: OK. All right. The public hearing -- anyone else from the public wishing to address this item? If not, the public hearing is closed, coming back to the Commission. There's a motion and a second on the floor. Is there any further discussion on this resolution? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Leon: Thank you. Chairman Sanchez: All right. PH.3, it's an ordinance -- Commissioner Allen: PH. 3. Commissioner Regalado: No. It was withdrawn. City of Miami Page 75 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: OK. Commissioner Regalado: Commissioner Winton withdrew that. Commissioner Winton: Yes. Chairman Sanchez: PH. 3, for the record, has been withdrawn by Commissioner Winton. PH.3 05-01118 ORDINANCE Public Hearing Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 54/ARTICLE IV/SECTION 54-124 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS MENDED, ENTITLED "STREETS AND SIDEWALKS/NAMING OF STREETS AND NUMBERING OF BUILDING/NAMES OF AVENUES," BY CHANGING THE NAME OF SOUTHEAST 1 AVENUE BETWEEN SOUTHEAST 8 STREET AND SOUTHEAST 12 STREET TO BRICKELL PLAZA AND SOUTHEAST 2 AVENUE BETWEEN SOUTHEAST 2 STREET AND THE MIAMI RIVER TO BRICKELL AVENUE, DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE HEREIN DESIGNATED AGENCIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-01118 Legislation.pdf 05-01118 Summary Form.pdf 05-01118 Public Hearing Memo.pdf 05-01118 Public Hearing Notice.pdf WITHDRAWN A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to withdraw item PH.3. Chairman Sanchez: All right. Let's go to the public hearings. We'll come back to him. I believe -- Commissioner Winton, you wanted to pull one of the public hearings? Commissioner Winton: Yes. 1 want to pull FR.1. Chairman Sanchez: FR.1, that has been pulled already. Commissioner Winton: Oh, it was. Oh, FR.1. Chairman Sanchez: The impact fee? No. I thought it was -- Commissioner Winton: No, no. Chairman Sanchez: -- PH.3. Commissioner Winton: Sorry. It isn't FR.1. Chairman Sanchez: PH.3. Commissioner Winton: Oh, thank you. PH.3, I want to pull PH.3. Vice Chairman Gonzalez: Commissioner Allen is back. City of Miami Page 76 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Allen: Oh, I'm sorry. Yes. Chairman Sanchez: OK. Well, let's -- all right. There's a motion to pull PH.3. You're talking about pulling it and bringing it the next Commission meeting? Commissioner Winton: Yes. Vice Chairman Gonzalez: Second. Chairman Sanchez: All right. Commissioner Winton: Or not at all. Chairman Sanchez: There -- Vice Chairman Gonzalez: Second. Commissioner Winton: Or bifurcating it -- Commissioner Allen: What are we pulling? Commissioner Winton: -- but it isn't going to go the way it is. Chairman Sanchez: All right. All right, wait. Whoa, whoa, whoa. OK. There's a motion to -- he wants to do away with it. Commissioner Winton: Yeah. Withdraw -- tell me what -- Chairman Sanchez: Withdraw. There's a -- Jorge L. Fernandez (City Attorney): Yeah, withdraw -- Chairman Sanchez: -- motion to withdraw PH.3. Is there a second? Vice Chairman Gonzalez: Second. Commissioner Allen: PH.3. Let's see. Commissioner Regalado: PH.3. Commissioner Winton: It's a name change in my district. Commissioner Allen: Oh. Chairman Sanchez: It's an ordinance -- Commissioner Allen: Yeah. Chairman Sanchez: -- a public hearing ordinance. Commissioner Allen: Yeah. Chairman Sanchez: All right. Commissioner Allen: Um -hum. City of Miami Page 77 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 PH.4 05-01119 Department of Parks and Recreation Chairman Sanchez: Now, there's a motion. Is there a second? Vice Chairman Gonzalez: Second. Commissioner Regalado: Second. Chairman Sanchez: There's a second by Vice Chairman Gonzalez. Now, it's an ordinance, so it's going to require a public hearing for the withdrawal. Is there anyone from the public wishing to address this item? Seeing none, hearing none, the public hearing is closed, coming back to the Commission, and there's a motion to withdraw PH3. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Madam Clerk, did we need a roll call for that? No, just -- Priscilla A. Thompson (City Clerk): No, because -- Chairman Sanchez: Withdrawal does not require it. Ms. Thompson: -- the -- Chairman Sanchez: All right. Ms. Thompson: -- withdrawal was a motion. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT BELAFONTE TACOLCY CENTER, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("BTC"), IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE THE SPORTS DEVELOPMENT PROGRAM AT THE CITY'S BELAFONTE TACOLCY PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BTC TO CONTINUE TO PROVIDE SAID SPORTS DEVELOPMENT PROGRAM FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006, WITH AN OPTION TO RENEW FOR A ONE-YEAR PERIOD, WITH THE SAME TERMS AND CONDITIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $86,675; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $86,675, FOR FISCAL YEAR 2005-2006, FROM NON -DEPARTMENTAL ACCOUNT NO. 001000.921002.6.930, WITH FUTURE FISCAL YEAR FUNDING SUBJECT TO BUDGETARY APPROVAL. City of Miami Page 78 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 05-01119 Legislation.pdf 05-01119 Exhibit 1.pdf 05-01119 Exhibit 2.pdf 05-01119 Exhibit 3.pdf 05-01119 Exhibit 4.pdf 05-01119 Exhibit 5.pdf 05-01119 Summary Form.pdf 05-01119 Memo.pdf 05-01119 Public Hearing Memo.pdf 05-01119 Public Hearing Notice.pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez PH.5 05-01120 Department of Parks and Recreation R-05-0625 Chairman Sanchez: And we go to PH.4. Commissioner Regalado: Four -fifth. Four -- Ernest Burkeen (Director, Parks and Recreation): Ernest -- Commissioner Regalado: Oh, you got four. Chairman Sanchez: It's a four -fifth, and we do have four Commissioners. Mr. Burkeen: -- Burkeen, director of Parks and Recreation. This is a contract to continue the Sports Development program by Belafonte Tacolcy. Commissioner Winton: So moved. Commissioner Allen: So moved. Chairman Sanchez: All right. Commissioner Allen: Second. Chairman Sanchez: There's a motion by Commissioner Winton, second by Commissioner Allen. It is a public hearing. Before we open it up for discussion, anyone from the public wishing to dress this item, please step forward and be recognized. For the record, seeing none, hearing none, the public hearing is closed, coming back to the Commission for further discussion. Hearing 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 on a four -fifth vote. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND City of Miami Page 79 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF PARKS AND RECREATION, THAT THE FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("FOCAL") IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE AFTER -SCHOOL TUTORING, COUNSELING, AND COMPUTER EDUCATIONAL SERVICES FOR AT -RISK YOUTH AT THE CITY'S MOORE PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FOCAL TO CONTINUE TO PROVIDE SAID AFTER -SCHOOL SERVICES, FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006, WITH THE OPTION TO RENEW FOR A ONE-YEAR PERIOD, UNDER THE SAME TERMS AND CONDITIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $115,452; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $115,452 FOR FISCAL YEAR 2005-2006, FROM NON -DEPARTMENTAL ACCOUNT NO. 001000.921002.6.930, WITH FUTURE FISCAL YEAR FUNDING SUBJECT TO BUDGETARY APPROVAL. 05-01120 Legislation.pdf 05-01120 Exhibit 1.pdf 05-01120 Exhibit 2.pdf 05-01120 Exhibit 3.pdf 05-01120 Exhibit 4.pdf 05-01120 Exhibit 5.pdf 05-01120 Summary Form.pdf 05-01120 Memo.pdf 05-01120 Public Hearing Memo.pdf 05-01120 Public Hearing Notice.pdf Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0626 Chairman Sanchez: All right. PH.5. Ernest Burkeen (Director, Parks and Recreation): PH.5 is the agreement with FOCAL (Foundation of Community Assistance & Leadership) to continue the after -school program at Moore Park Commissioner Winton: So moved. Chairman Sanchez: All right. Commissioner Allen: I'!! move the item. Chairman Sanchez: There's a motion by Commissioner Allen, second by Commissioner Winton. City of Miami Page 80 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 10:30 A.M. PH.6 05-01085 Department of Community Development Discussion. 1 have a discussion on the item. Is this company -- do they owe us any money? Joe Arriola (City Manager): Yes. They're one month behind. I have made arrangements with them, and I -- we fully supported them. Chairman Sanchez: And are they willing to pay us? Because I mean -- Mr. Arriola: Yeah, they are willing to pay us. They're -- Chairman Sanchez: Any -- Mr. Arriola: -- falling behind, but 1 trust them. I think they'll come through. Chairman Sanchez: Mr. City Manager, if I may just elaborate on this. This is -- one of the things that got us in trouble years ago -- Mr. Arriola: Yes, sir. Chairman Sanchez: -- was that we had companies that owed us money and -- Mr. Arriola: Yes. Chairman Sanchez: -- they were still getting awarded contracts, and they weren't paying. It was a directive of this legislative body, through resolutions sent through legislation, that any company that owes this City money will not get any work from us, so -- Mr. Arriola: Yes, sir. Chairman Sanchez: -- if you have assured, at least me, or this legislative body, that this company is going to pay us what they owe us, then we could proceed with the -- Mr. Arriola: I feel very comfortable -- Chairman Sanchez: -- contract. Mr. Arriola: -- that they will. Chairman Sanchez: All right. OK. It's a resolution. It's 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. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and it's also a four -fifth vote. [A sign interpreter translated discussion of Item PH.6] RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE REVISED CITY OF MIAMI ("CITY") LOCAL HOUSING ASSISTANCE PLANS ("LHAP"), ATTACHED AND INCORPORATED, FOR THE PERIOD OF JULY 1, 2004 THROUGH JUNE 30, City of Miami Page 81 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 2007 ("2004-2007") AND FOR THE PERIOD OF JULY 1, 2001 THROUGH JUNE 30, 2004 ("2001-2004"), FOR THE CONTINUED PARTICIPATION OF THE CITY IN THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM; AUTHORIZING THE REPLACEMENT HOME PROGRAM MAXIMUM AMOUNT AWARD CHANGE FROM AN AMOUNT NOT TO EXCEED $110,000, TO AN AMOUNT NOT TO EXCEED $120,000; AUTHORIZING THE SINGLE FAMILY REHABILITATION MAXIMUM AMOUNT CHANGE FROM AN AMOUNT NOT TO EXCEED $30,000, TO AN AMOUNT NOT TO EXCEED $35,000; AUTHORIZING THE MAXIMUM AMOUNTS FOR THE HOUSING STRATEGIES IN THE 2001-2004 LHAP TO BE CONSISTENT WITH THE CURRENT 2004-2007 LHAP; AUTHORIZING THE ADDITION OF A NEW RENTAL DEVELOPMENT CATEGORY WITH THE MAXIMUM AWARD AMOUNT OF $40,000, PER UNIT; AUTHORIZING THE CITY MANAGER TO SUBMIT THE MODIFIED LHAPS 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 LHAPS. 05-01085 Legislation.pdf 05-01085 Exhibit 1.pdf 05-01085 Exhibit 2.pdf 05-01085 Summary Form .pdf 05-01085 Text File Report.pdf 05-01085 Text File Report 2.pdf 05-01085 Text File Report 3.pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0623 Chairman Sanchez: Madam Clerk, where did we -- where are we at now? Priscilla A. Thompson (City Clerk): OK. We should -- now we're moving into the public hearings, and we do have our interpreter here. Chairman Sanchez: OK, and that is -- we did -- Ms. Thompson: PH3 was -- Chairman Sanchez: PH.1 was -- Ms. Thompson: -- withdrawn, so we have the rest of them. Chairman Sanchez: All right, so it's PH (Public Hearing) what? Ms. Thompson: For the interpreter? Chairman Sanchez: Yes. Ms. Thompson: PH.6. City of Miami Page 82 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: PH. 6. Barbara Gomez -Rodriguez (Director, Community Development): Barbara Rodriguez -- Chairman Sanchez: All right. Ms. Gomez -Rodriguez: -- Department of Community Development. We're requesting approval to have our local housing assistant plan for the year 2004 to 2006 amended, and we're amending for parts of that plan. One is that on the replacement home, to increase the maximum amount from 110,000 to 120, 000; authorizing the single-family rehab maximum to change from 30,000 to 35,000; authorizing the addition to do rental projects in the SHIP (State Housing Initiatives Partnership) program, and to award $40, 000 maximum per unit, and again, these are the changes we are requesting that you approve for us. Commissioner Regalado: So move. Commissioner Winton: Second. Commissioner Allen: Yeah, second. Chairman Sanchez: All right. PH.6 is a resolution. It's been properly advertised for 10.30. Commissioner Regalado made the motion, second by Commissioner Winton, and this is just basically to keep up with the rising costs, right? Commissioner Allen: Right. Ms. Gomez -Rodriguez: Right, and it's just the plan. It's not awarding any funds to anyone in particular; just that the program to increase. Chairman Sanchez: All right. Commissioner Allen: Just want to make a quick comment. Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: Madam Rodriguez -- yeah -- with respect to your authorizing the single-family rehabilitation amount, I notice it's from 30 to 35. Could that have possibly been 30 to 40? Is that -- Ms. Gomez -Rodriguez: We feel that right now, 35, 000 for the item that's we're doing will get us there. Commissioner Allen: OK. Ms. Gomez -Rodriguez: OK. Commissioner Allen: It's 35. Thanks. Ms. Gomez -Rodriguez: Thank you. Chairman Sanchez: All right. 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 83 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 ORDINANCES - SECOND READING SR.1 05-00682 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Public Works ORDINANCE NO. 11662, ADOPTED MAY 26, 1998, WAIVING BY ORDINANCE THE NOTICE REQUIREMENT OF SECTION 5 OF THE FRANCHISE AGREEMENT ENTITLED "ASSIGNMENT AND TRANSFER;" WAIVING THE REQUIREMENT OF FILING A WRITTEN NOTICE WITH THE CITY CLERK BY FPL ENERGY SERVICES, INC., FOR THE SALE, ASSIGNMENT OR TRANSFER OF THE RIGHTS, PRIVILEGES AND AUTHORITY GRANTED BY THE FRANCHISE AGREEMENT BETWEEN FPL ENERGY SERVICES, INC., AND THE CITY OF MIAMI, DATED JUNE 8, 1998; APPROVING AND CONSENTING TO THE SALE, ASSIGNMENT OR TRANSFER OF THE PRIVILEGES GRANTED UNDER SAID FRANCHISE AGREEMENT TO FPL THERMAL SYSTEMS, INC., NOW DOING BUSINESS AS TECO THERMAL SYSTEMS, INC.; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00682 Legislation FR/SR.pdf 05-00682 Summary Form FR.pdf 05-00682- Previous Legislation FR/SR.pdf 05-00682- Previous Franchise Agreement FR/SR.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 12740 Direction to the City Manager by Commissioner Winton to report back at the next Commission meeting who TECO Thermal Systems is, what it represents, what assets it has, how does the backing of FPL Energy Systems compare to TECO, and to ascertain that the companies are substantially equal. Chairman Sanchez: Madam Clerk, SR. 1? Priscilla A. Thompson (City Clerk): Yes. Chairman Sanchez: All right, SR. 1, it's an ordinance on second reading. Stephanie Grindell: Stephanie Grindell, director of Public Works. This is an ordinance to waive the requirement of the filing of written notice by FPL (Florida Power & Light) Energy Services for the assignment of privileges granted in their franchise agreement, and to approve the assignment of those privileges to FPL Thermal Systems, known as TECO Thermal Systems. Commissioner Winton: So moved. Chairman Sanchez: There's a motion. Is there a second? Is there a second? We need a second for the purpose of discussion. Commissioner Regalado: I'!! second for discussion. City of Miami Page 84 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: All right. There's a motion by Commissioner Winton, second by Commissioner Regalado. For the purpose of discussion. Commissioner Regalado: Last July, the Florida power and service commission issued a report - Commissioner Winton: Who did? Commissioner Regalado: The Florida Service Commission. Commissioner Winton: Public Service Commission. Commissioner Regalado: Public Service Commission. Commissioner Winton: OK. Commissioner Regalado: The PSC (Public Service Commission) issued a report warning FPL that a lot of their utility poles within the City of Miami, mind you, were in very bad shape because they weren't inspected. We still have large areas of the City of Miami without power. All the Flagami area -- most of the Flagami area is without power. Silver Bluff is without power. I got my power back yesterday in Shenandoah, but that's OK, and I don't think that we should be approving anything that deals with Florida Power & Light until and unless we have the last resident of the City of Miami with electricity. You all can vote, but -- Commissioner Allen: I -- Commissioner Regalado: -- you know, if we don't put pressure -- because -- Commissioner Allen: I agree. Commissioner Regalado: -- I mean, I'm happy that the Mayor said yesterday on television that it was unacceptable, the November 11, because I've been doing that on the radio since day one. I mean, we pay good money for them, and I have a lot to say about the shabby work that they did after Katrina, so you know, if they want anything, give us power. I'll give them my vote if they give power to the residents of Miam1 Commissioner Allen: And Mr. Chairman, if I may, quickly. I share and adopt what Commissioner Regalado just indicated. I'm still without power, interestingly -- Chairman Sanchez: Well -- Commissioner Allen: -- so I adopt whatever you're proffering at this moment. Chairman Sanchez: All right, so then we're not -- Commissioner Allen: I need to get my power on. Chairman Sanchez: -- going to even take this up because -- Commissioner Allen: When ever that happens. Chairman Sanchez: -- we don't have the vote, so we'll move on. All right. Commissioner Winton: Mr. Chairman, may I make one comment -- City of Miami Page 85 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: Sure. Commissioner Winton: -- about it? It seems to me that -- you know, we did past this last time, but it seems to me that in light of all the issues -- the discussion we didn't have the last time and we didn't have yet today, that we need to have -- that we don't have to have, but that we should have the next go round when it comes back is a discussion about who TECO Thermal Systems is Ms. Grindell: They're here. Commissioner Winton: -- and what they represent, and how many assets they have, and that kind of thing, so that we understand what the backing of FP&L, I don't know, energy systems versus TECO, and make sure that we have the same substantial company that these contracts are being transferred to as we had before, and the same capacity to get back to somebody, so -- but we're not going to have that discussion today because we don't have enough people to vote, but 1 think it is something you all need to be prepared for -- Chairman Sanchez: All right. Commissioner Winton: -- next go -round. Chairman Sanchez: As it is right now, there's a motion and a second. Commissioner Regalado, you're going to withdraw your second, correct? Commissioner Regalado: Absolutely. Commissioner Allen: Yes. Chairman Sanchez: All right. Is there a second for the purpose of discussion? There is no second, so we'll bring this item back at the next Commission meeting. "[Later...]" Chairman Sanchez: There was one item that we're going to be bringing back That's PH.1. There was no action, and that was Commissioner Regalado's request, reference something about Florida Power & Light, so sir, that item is being brought back on the floor. Joe Arriola (City Manager): SR.1. Chairman Sanchez: Huh? Sergio Abreu: SR.1, I'm sorry. Chairman Sanchez: Oh, I'm sorry. SR.1. Mr. Abreu: Yeah, it's not P -- SR.1. Chairman Sanchez: I thought it was PH.1. Mr. Abreu: Yeah, it was -- Chairman Sanchez: All right. SR.1. Mr. Abreu: My name is Sergio Abreu, with TECO Energy, and 1 wanted to state for the record that this item is not a Florida Power & Light item. Our company, TECO Energy, actually owns City of Miami Page 86 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 the facility, which is a chill water plant. It's not an electric facility at all, and we have the franchise agreement that was transferred as part of that transaction that we purchased four years ago, so this item is a clar5ing item on the notice provisions that were related to that transaction, and that's all it is. It's just clarifying the item between the City Attorneys and us to make sure that that is properly -- that that franchise is properly in our possession -- Chairman Sanchez: All right. Mr. Abreu: -- so that's all it does. Commissioner Winton: Is that the chill -- ? Chairman Sanchez: Commissioner Regalado. Commissioner Winton: Is that the chill water plant downtown? Mr. Abreu: On 11 th Street, yes. Commissioner Winton: Yeah, OK. Mr. Abreu: And Commissioner, I know you had a question about the assets or the value, if you will, of the company that purchases those assets, and I can assure you TECO Energy is a publicly traded company -- Commissioner Winton: No, no, but I read this just like everyone else did; that this was a -- this was some sort of transfer tied to FP&L (Florida Power & Light). I didn't read the whole thing right, so -- Mr. Abreu: OK, no problem. Chairman Sanchez: All right. Any further questions on this item? If not, we need a motion and a second. Commissioner Winton: So moved. Commissioner Allen: Second. Chairman Sanchez: The motion has been made by Commissioner Winton. Do I hear a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. It is an ordinance on second reading. It requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, it comes back to the Commission for further discussion. Hearing none, Mr. City Attorney, could you read it into the record, followed by a roll call from the City Clerk? The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. City of Miami Page 87 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 SR.2 05-00697 Department of Economic Development Chairman Sanchez: All right. Mr. Abreu: Thank you, Commissioners. Thank you. Chairman Sanchez: You're quite welcome. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38, ARTICLE V, DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION/GOLF COURSES/RATES AND CHARGES" PROVIDING THAT FEES FOR USE OF CITY -OWNED GOLF COURSE FACILITIES BE ESTABLISHED FROM TIME -TO -TIME BY THE CITY MANAGER, OR BY AGREEMENT WITH A PRIVATE PARTY FOR THE OPERATION AND MANAGEMENT OF THE GOLF COURSE FACILITY AS APPROVED BY THE CITY COMMISSION, WHICH FEES SHALL INCLUDE A DISCOUNT FOR CITY RESIDENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00697- Legislation FR/SR.pdf 05-00697 Summary Form SR.pdf 05-00697- Summary Form FR.pdf 05-00697- Green Fees FR/SR.pdf 05-00697- Special Golf Rates FR.pdf 05-00697- Special Golf Rates SR.pdf Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Allen Absent: 2 - Commissioner Gonzalez and Regalado 12738 Chairman Sanchez: All right. SR.2, it's an ordinance on second reading. That's the fees for Melreese. Laura Billberry: Lori Billberry, Public Facilities. This is second reading to amend the City Code to amend that the fees for the golf course be established by the City Manager from time to time, and the fees that are currently being charged are in your packet, and with respect to when the golf course is managed by a private party, those fees would be established pursuant to an agreement which would be approved by the City Commission, and in both instances, there will always be discounts for City residents. Chairman Sanchez: All right. Commissioner Allen: I move the item, Mr. Chairman. Chairman Sanchez: There -- this is an ordinance on second reading. There is -- Commissioner Winton: Second. Chairman Sanchez: -- a motion by Commissioner Allen, second by Commissioner Winton. Before we open it up for discussion, it requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, City of Miami Page 88 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 SR.3 05-00924 Department of Capital Improvements Program the public hearing is closed, coming back to the Commission. No further discussion on the item. Mr. City Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Roll call. 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, 3/0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD," MORE PARTICULARLY BY AMENDING SECTION 2-1203(E), ELIMINATING THE STIPULATION THAT A CHAIRPERSON CANNOT SERVE FOR MORE THAN TWO YEARS IN OFFICE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00924 Legislation FR/SR.pdf 05-00924 Summary Form SR.pdf 05-00924 Summary Form FR.pdf 05-00924 Previous Legislation FR/SR.pdf 05-00924 Law Department Receipt FR/SR.pdf 05-00924 Previous Cover Memo FR/SR.pdf 05-00924 Article XI -Bond Oversight FR/SR.pdf Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Allen Absent: 2 - Commissioner Gonzalez and Regalado 12739 Chairman Sanchez: SR.3. It's an ordinance on second reading. Commissioner Allen: Right. I have some concerns on this, by the way. Chairman Sanchez: This is just basically a change in rules for the Bond Oversight -- Commissioner Allen: Right. Chairman Sanchez: -- Board eliminating stipulation that chairpersons cannot serve more than two years. Commissioner Allen: Right. Mary Conway: Mary Conway, CIP (Capital Improvement Program) and Transportation. That's correct, and it's also so that this one, as discussed at the past meeting, will be consistent with all City of Miami Page 89 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 of the others that do not have limitations on terms. Chairman Sanchez: All right. Need a motion. Commissioner Allen: Right. We did -- quick -- Chairman Sanchez: Need a -- Commissioner Allen: I'll move it for just a quick discussion. Chairman Sanchez: All right. There's a motion. We need a second for the purpose of discussion. Commissioner Allen: Right. Yeah, Madam -- Chairman Sanchez: We need a second -- Commissioner Allen: I'm sorry. Chairman Sanchez: -- for the purpose of discussion. Commissioner Winton: Second. Chairman Sanchez: Second for the purpose of discussion. Commissioner Allen: As you know, this is second reading, Madam Mary. Just a quick question. Of course, this clearly stipulates that the chairperson -- we're eliminating the issue where the chairperson cannot serve no more than two years, correct? Ms. Conway: Yes, that's correct. Commissioner Allen: And again, just for further background information, this is similarly done in other boards -- Ms. Conway: There are no -- Commissioner Allen: -- the basis of -- Ms. Conway: -- other boards that have the provision -- Commissioner Allen: Correct. Ms. Conway: -- of a limitation. This is the only one that arbitrarily, for some reason, was established with a two-year limitation. Commissioner Allen: Right. OK. I just want to make sure we have some level of rotation, but that's among the board. OK. Chairman Sanchez: Any further -- Commissioner Allen: Thank you. Chairman Sanchez: -- discussion? If not, it's an ordinance on second reading that requires 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 City of Miami Page 90 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commission. No further discussion from the Commission. Mr. City Attorney, read the ordinance for the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: All right. Roll call. 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, 3/0. City of Miami Page 91 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 ORDINANCE - FIRST READING FR.1 05-01042 ORDINANCE First Reading City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Office 13, ARTICLE I, ENTITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") BY CLARIFYING REFERENCES TO THIS ARTICLE I; UPDATING FINDINGS, INTENT AND AUTHORITY RELATING TO IMPACT FEES; DELETING, AMENDING AND ADDING NEW DEFINITIONS; PROVIDING FOR APPLICABILITY OF IMPACT FEES TO ALL NEW RESIDENTIAL AND NONRESIDENTIAL DEVELOPMENT EXCEPT FOR DEMINIMIS DEVELOPMENT AND GOVERNMENTAL USES; PROVIDING FOR IMPOSITION OF NEW IMPACT FEE SCHEDULES TO BUILDING PERMITS SUBMITTED AFTER A SPECIFIED DATE; ESTABLISHING NEW IMPACT FEE BENEFIT DISTRICTS AND SUBDISTRICTS; PROVIDING FOR AN AFFORDABLE HOUSING IMPACT FEE DEFERRAL PROGRAM; ESTABLISHING NEW IMPACT FEE SCHEDULES FOR POLICE, FIRE -RESCUE, GENERAL SERVICES AND PARKS AND RECREATION IMPACT FEES; PROVIDING CERTAIN REQUIREMENTS FOR COLLECTION, ACCOUNTING AND EXPENDING IMPACT FEES AND REQUIRING ANNUAL REVIEW AND TRIENNIAL UPDATE OF IMPACT FEES; CLARIFYING LANGUAGE RELATING TO ADMINISTRATIVE FEES AND BONDING OF CAPITAL IMPROVEMENTS; PROVIDING AN ADMINISTRATIVE PETITION PROCESS FOR DETERMINATIONS OF IMPACT FEES DUE, AFFORDABLE HOUSING DEFERRAL, REFUNDS AND CREDITS; CLARIFYING LANGUAGE RELATED TO CITY COMMISSION AND JUDICIAL REVIEW; CLARIFYING LANGUAGE RELATED TO IMPACT FEES AS ADDITIONAL AND SUPPLEMENTAL REQUIREMENT; PROVIDING FOR COLLECTION BY ALTERNATIVE METHODS; RETAINING PREVIOUS IMPACT FEE SCHEDULES AND SUBAREAS FOR IMPOSITION ON BUILDING PERMIT APPLICATIONS SUBMITTED PRIOR TO A SPECIFIED DATE; AND CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-01042 Legislation.pdf 05-01042 Summary Form.pdf 05-01042 Impact Fees.pdf CONTINUED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to continue item FR. 1 to the Commission Meeting currently scheduled for November 17, 2005. Chairman Sanchez: Also, the impact fee, it's my understanding, those of you that are here for the impact fee, that is also going to be deferred to the next meeting, so all -- Commissioner Winton: Why? Chairman Sanchez: Well, that's the Administration. One of the Commissioners is asking why, Mr. City Manager. Joe Arriola (City Manager): We couldn't get the folks to come down here. City of Miami Page 92 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Winton: Oh. Mr. Arriola: They had their own problems in -- Commissioner Winton: Yes. Mr. Arriola: -- the West Coast, so the truth is, we don't -- Chairman Sanchez: That's a valid reason. Mr. Arriola: -- we couldn't get ready for it. Chairman Sanchez: All right. Thank you so much, so all those that'll be -- attended today on the impact fees, it'll be back November 17. Jorge L. Fernandez (City Attorney): Is it being continued to a time certain? Chairman Sanchez: Time certain, Madam Clerk. Priscilla A. Thompson (City Clerk): I'm sorry? Chairman Sanchez: It has been continued to November 17. Ms. Thompson: Thank you. Chairman Sanchez: Would we like a time certain? Mr. Fernandez: No, that's fine. Just as part of the agenda -- Unidentified Speaker: We'd like a time certain. Unidentified Speaker: We would like a time certain. Chairman Sanchez: You'd like a time certain? What time would you like? Unidentified Speaker: Any time. Chairman Sanchez: Can somebody step up to the mike and state your name. Commissioner Winton: Well, I don't know that I'm going to support a time certain, by the way. Chairman Sanchez: Well -- Sallye Jude: Sallye Jude. I would like to -- Commissioner Allen: What are we discussing? Ms. Jude: -- ask that we have a time certain, at your convenience, rather than ours. Chairman Sanchez: OK. Commissioner Allen: 1 would proffer a time certain, Mr. Chairman -- Chairman Sanchez: All right. Go ahead, Commissioner Allen. City of Miami Page 93 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Allen: -- and 1 don't -- Mr. Fernandez: It's part of the regular agenda. It's not a P&Z (Planning & Zoning) item, but it just needs to be continued to the meeting of the 17th. If you don't stipulate a time certain, it would just be at 9 o'clock or any time thereafter. Commissioner Allen: Any time thereafter. Ms. Thompson: Question -- if I may pose a question to the Attorney. Do we need to make sure, because it's on the agenda, that we have a motion on that first reading ordinance for that continuation? Chairman Sanchez: Well, there's -- there will be a motion and a second to continue the item to November 17. Right now, we're trying to figure out a time certain, which is fine with me. I mean Commissioner Winton: This isn't a public hearing either, is it? Chairman Sanchez: No, it is not, it is not a public hearing. Steve Hagen: I'm not -- I'm just -- Commissioner Winton: Well -- Mr. Hagen: -- questioning -- Chairman Sanchez: Sir. Mr. Hagen: -- why you want to postpone it. Chairman Sanchez: Sir, this is not a public hearing. Mr. Hagen: I spoke with TischlerBise this week. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Not a public hearing. Mr. Hagen: 1 spoke with TischlerBise this week, and I spoke to the man who did the data -- Chairman Sanchez: Sir. Mr. Hagen: -- who was down here earlier. I asked him if he was -- Commissioner Winton: I think he's out of order. Chairman Sanchez: Sir. Mr. Hagen: -- coming to this session, and -- Chairman Sanchez: You are -- Mr. Hagen: -- he said no. Chairman Sanchez: -- out of order, all right. This is not a public hearing. Sir, you're out of City of Miami Page 94 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 order. All right, time certain. There is no motion for a time certain, so there will be no time certain. We move on to consent agendas. Consent agenda, anyone wishing to pull a consent agenda for discussion? We'll start with the Administration. Mr. Arriola: CA.21. We're going to pull CA.21. Chairman Sanchez: All right. Before we do that, we needed to vote on the -- OK. There was a motion -- we need a motion to -- Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez for the 17th. Vice Chairman Gonzalez: I would like to -- OK. We're pulling CA. 17? Chairman Sanchez: No, no. Wait, wait, wait. Mr. Arriola: No. Chairman Sanchez: We need to vote on this, OK. Any discussion on the item? No discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and that item will be brought forth November 17. Vice Chairman Gonzalez: What item was that? Chairman Sanchez: That's the -- Mr. Fernandez: The impact fee. Commissioner Winton: Impact fee ordinance. Chairman Sanchez: -- impact fees. Commissioner Allen: Impact. Ms. Thompson: That is FR.1. Vice Chairman Gonzalez: That's exactly what I was asking you, when you said, wait, wait, wait, we need to vote on this -- Chairman Sanchez: On the impact fees? Vice Chairman Gonzalez: -- so it's being deferred? Chairman Sanchez: Yes. Vice Chairman Gonzalez: All right. City of Miami Page 95 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Allen: Great. City of Miami Page 96 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 RESOLUTIONS RE.1 05-01080 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire Rescue ATTACHMENT(S), ACCEPTING THE CITY MANAGER APPROVING THE FINDINGS AND RECOMMENDATIONS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 04-05-042R, THAT THE TOP -RANKED FIRMS TO PROVIDE DOMESTIC SECURITY AND EMERGENCY MANAGEMENT PLANNING, TRAINING AND MANAGEMENT CONSULTING SERVICES ARE, IN RANK ORDER: (1) DAVISLOGIC,INC., DBA ALL HANDS CONSULTING ("DAVISLOGIC"); (2) URS CORPORATION SOUTHERN; AND (3) COMMUNITY RESEARCH ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DAVISLOGIC, THE TOP -RANKED FIRM, TO PROVIDE THE ABOVE AFOREMENTIONED SERVICES FOR THE DEPARTMENT OF FIRE -RESCUE AND OTHER CITY OF MIAMI DEPARTMENTS, PARTICIPATING COUNTIES AND MUNICIPALITIES INVOLVED IN THE URBAN AREAS SECURITY INITIATIVE ("UASI") GRANT PROJECT, FOR A TERM OF TWO YEARS, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $3,000,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $12,000,000; ALLOWING FOR FURTHER INCREASES TO THE CONTRACT AS AUTHORIZED IN RFQ NO. 04-05-042R, BASED UPON THE NEED FOR ADDITIONAL REQUIRED SERVICES AND THE APPROVAL OF ADDITIONAL UASI GRANT FUNDS BY THE FEDERAL GOVERNMENT; DELEGATING TO THE CITY MANAGER THE EXECUTION OF AMENDMENTS PROVIDING FOR FURTHER INCREASES TO THE AGREEMENT TO COVER ADDITIONAL SCOPE OF WORK, CONSISTENT WITH THE UASI GRANT PROJECT; ALLOCATING FUNDS FROM THE UASI GRANT PROJECT ACCOUNT, SUBJECT TO BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM, SHOULD NEGOTIATIONS FAIL WITH THE TOP -RANKED FIRM, OR UNTIL A CONTRACT HAS BEEN SUCCESSFULLY NEGOTIATED; DIRECTING THAT THE NEGOTIATED AGREEMENT BE PRESENTED TO THE CITY COMMISSION FOR CONSIDERATION. 05-01080 Legislation.pdf 05-01080 Exhibit 1.pdf 05-01080 Exhibit 2.pdf 05-01080 Summary Form.pdf 05-01080 Memo.pdf 05-01080 RFQ Summary Sheet.pdf 05-01080 All Hands UASI Project Proposal.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-05-0630 City of Miami Page 97 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: RE. 1 is a resolution. Commissioner Allen: RE.1. Commissioner Winton: Oh, so moved. Jorge L. Fernandez (City Attorney): Fire -Rescue. Chairman Sanchez: Yes. Fire -Rescue. Is there someone from Fire -Rescue? We'll pass it. We'll get back to it later. "[Later...1" Chairman Sanchez: OK. We have appointments. We could -- Commissioner Winton: Can't we go back and pick up RE (Resolution) -- Chairman Sanchez: RE.3. Commissioner Winton: -- 1 and 2? Chairman Sanchez: Wait, wait. Hold on. Yeah, yeah. RE. -- Commissioner Winton: RE.2. Chairman Sanchez: -- 1 and 2 and 3? Commissioner Winton: Well, 3 and 4 is the Midtown thing, so -- Commissioner Allen: I'd like -- Commissioner Winton: -- but -- did we do RE.1? Mr. Fernandez: No. Commissioner Winton: Yeah, we could do -- Priscilla A. Thompson (City Clerk): You have outstanding -- Commissioner Winton: -- RE.1 and RE.2 for sure. Ms. Thompson: -- 1, 2, 3 and 4. Commissioner Winton: And if staffs ready with 3 and 4, you might be able to do those. Chairman Sanchez: All right. Let's go to RE.1. Commissioner Gonzalez: RE. 1. Commissioner Allen: OK, RE.1. Chairman Sanchez: RE. 1 is a resolution. Glenn Marcos: Yes, Commissioner. Glenn Marcos, Purchasing director. The Department went ahead and issued a request for qualifications for domestic security and emergency management City of Miami Page 98 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 planning. We're recommending award to DavisLogic, Inc., doing business as All Hands Consulting. Chairman Sanchez: All right. It's a resolution -- Mr. Marcos: This is a contract for two years, with the option to renew for two additional one-year periods. Commissioner Sanchez: Is there -- ? Commissioner Winton: I'll move it. Chairman Sanchez: There's a motion by Commissioner Winton. Is there a second? Is there a second? Commissioner Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez, Purpose of discussion. Commissioner Allen: Yes. Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: Yes. Mr. Marcos, as you very well know, there's some background to this. Clearly, this is the individual company that is selected, correct? I'd like to ask you, what's the capacity of this company? What I mean by that, how many employees, what sort of -- what's the scope of their work, and those sorts of things? Mr. Marcos: As far as the actual employees, this is a company that has a vast -- wide range of firms that they can end up working with, so as far as the actual numbers of employees, it really -- I mean, as far as the needs -- Commissioner Allen: OK. Mr. Marcos: -- of the actual City -- Commissioner Allen: Yeah. Mr. Marcos: -- they can end up adding employees at any given point in time. Commissioner Allen: I see, so they're a consultant and they're outsourcing, in effect -- Mr. Marcos: They're the actual -- Commissioner Allen: -- provide -- Mr. Marcos: -- they're the prime consultant, but if they need to have additional resources to be added on to the project, they have that capacity. Commissioner Allen: Right, because we're also allocating a certain amount, not to exceed, I believe it's what, 12 million, correct? Mr. Marcos: It's an annual contract -- Commissioner Allen: Right. City of Miami Page 99 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Mr. Marcos: -- of $3 million; total amount of the contract is $12 million. Commissioner Allen: All right. Well, maybe -- can I have, Mr. Fernandez, anyone from Fire just to give us some idea as to what exactly will they be doing? I mean, we're talking $12 million here on an annual basis. Commissioner Winton: No, 3 million on an annual basis. Commissioner Allen: I'm sorry. That's -- I stand corrected. That's correct, not to exceed 12 million. That's correct, 3 million. Deputy Chief Maurice Kemp: So what is -- Deputy Chief Maurice Kemp, Fire -Rescue. What is your question, Commissioner, exactly? Commissioner Allen: Give us some examples exactly what they will be doing because, in effect, is this a one-man firm that goes out and outsources? 1 have no idea. I don't see any supporting document to give me a full explanation of this, because I know we've had some problems previously with this issue and that's been cleared up, presumably. Deputy Chief Kemp: No, sir, it's not a -- Commissioner Allen: These are the winners. Deputy Chief Kemp: -- one-man firm. It's a consulting agency. They have -- as the Selection Committee reviewed this -- Commissioner Allen.: Yes. Deputy Chief Kemp: -- we determined that they had all the capabilities necessary to do all the components of the contract. Commissioner Allen: Right. Deputy Chief Kemp: They ramp up as needed. Commissioner Allen: Right, and you guys have some measure of a quality control in place to make sure that we're getting, if you will, our bang for the buck, if you will? Deputy Chief Kemp: Yes, sir. Commissioner Allen: How so? I mean, give me an example. What sort of quality control to make sure that -- if we're paying these guys $3 million, then what sort of service are we getting, what's your quality control to make -- I'm just curious. Joe Fernandez: Joe Fernandez, assistant Fire Chief The program has been running now for over two and a half years. Commissioner Allen: Right. Mr. Fernandez: From the quality control standpoint, I'm the program administrator for the four -county region. The company is a consulting company with a consortium of 500 employees to draw from. In addition, in the second round where we had gone out to bid again, they have also partnered with ICF (Independent Consulting Firm) Keiser, another very large consulting firm, increasing capacity, even though we really didn't need to from a performance standpoint City of Miami Page 100 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 because the performance in the entire region has been exemplary. We are one of the only UASI (Urban Areas Security Initiative) regions that finished the 2003 funding. We just did it a few weeks ago, ahead of everybody else in the country. They had to give another extension, and we didn't need it. We've just spent our 13 million. That's one of the aspects of quality control, in addition to all our plans and procedures being accepted. The deliverables are in a few categories. It's planning, training, exercising, organizing, and equipment, so it's the full range, and the users of the service are not only City of Miami, Miami -Dade County, Broward, and now Monroe, including the State and the Florida Department of Law Enforcement, and all those entities are in complete support of the previous work by the consultant and to continue with those services, so -- I mean, I can expound more, but -- Commissioner Allen: That's fine. Thank you. Chairman Sanchez: All right. Any further questions? I just have one. Did you have a new review committee? Deputy Chief Kemp: Yes, sir, we had a totally derent committee, and a totally independent process of the first one. Chairman Sanchez: Because that was what ended up on the argument for the appeal. All right. Any further discussion on RE.1 ? If not, 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. RE.2 05-01121 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Improvement RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S Programs/Transpor FINDING OF AN EMERGENCY, APPROVING AN AWARD OF A CONTRACT tation WITH FLORIDA ROOFING SOLUTIONS, FOR THE PROJECT ENTITLED "FIRE STATION NO. 4 ROOF REPLACEMENT PROJECT, B-72802," IN AN AMOUNT NOT TO EXCEED $177,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 313302, B-72802; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-01121 Legislation.pdf 05-01121 Exhibit 1.pdf 05-01121 Summary Form.pdf 05-01121 Memo.pdf 05-01121 Formal Bid.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0631 Chairman Sanchez: RE.2. Commissioner Allen: This -- City of Miami Page 101 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 RE.3 05-01122 Department of Capital Improvement Programs/Transpor tation Chairman Sanchez: RE.2 -- Commissioner Allen: -- requires a four fifth. Chairman Sanchez: -- is a four -fifth. We don't have it. Commissioner Allen: We don't have it. Chairman Sanchez: All right. "[Later...) " Commissioner Gonzalez: I'll move RE.2 -- RE.3, I'm sorry. Chairman Sanchez: No, RE.2. Commissioner Gonzalez: No, I'm sorry. RE.2. Commissioner Allen: No, RE.2. Chairman Sanchez: RE.2 is a four -fifth resolution. Commissioner Winton: Second. Chairman Sanchez: All right. There is a motion by Vice Chairman Gonzalez, second by Commissioner Winton. Madam Director, could you put something on the record -- Mary Conway (Director, Capital Improvements Program & Transportation): Yes. Chairman Sanchez: -- pertaining to this resolution? Ms. Conway: Mary Conway, CIP (Capital Improvements Program) and Transportation. RE.2 is a resolution to make an award to the apparent low bid contractor for Florida Roofing Solutions, in an amount not to exceed $177, 000, to replace the roofing system at fire station number 4. Chairman Sanchez: All right. It's a resolution. There's a motion and a second. All in favor, say aye. The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE INTERLOCAL AGREEMENT WITH THE MIDTOWN MIAMI COMMUNITY DEVELOPMENT DISTRICT ("DISTRICT"), A LOCAL UNIT OF SPECIAL PURPOSE GOVERNMENT, PURSUANT TO RESOLUTION NO. 05-0102, ADOPTED FEBRUARY 10, 2005, FOR THE DISTRICT TO FURTHER PROVIDE THE CONSTRUCTION OF UNDERGROUND INFRASTRUCTURE AND RELATED ENGINEERING SERVICES TO ACCOMMODATE THE MIAMI STREETCAR PROJECT WITHIN THE MIDTOWN MIAMI PROJECT, IN THE TOTAL AMOUNT NOT TO EXCEED $3,758,378; ALLOCATING FUNDS Ciry of Miami Page 102 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 FROM CAPITAL IMPROVEMENTS PROJECT NO. 341330, "B-71215D STREETCAR PROJECT -MIDTOWN UNDERGROUND INFRASTRUCTURE." 05-01122 Legislation.pdf 05-01122 Exhibit 1.pdf 05-01122 Exhibit 2.pdf 05-01122 Summary Form SUB.pdf 05-01122 Text File Report.pdf 05-01122 Interlocai Agreement.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0632 Chairman Sanchez: RE.3. Mary Conway (Director): Mary Conway, CIP (Capital Improvement Program) and Transportation. Commissioner Allen: Oh, yeah. This was -- yeah. Ms. Conway: I have a substitute item to distribute on the floor for this. Chairman Sanchez: All right. Commissioner Allen.: This is RE.3? All right. Chairman Sanchez: We'11 get back to it. Commissioner Allen: Yeah. 1-- Chairman Sanchez: We go to RE.3. Commissioner Gonzalez: Move it. Chairman Sanchez: All right. RE.3 -- Commissioner Winton: Second. Commissioner Allen: I'll second for discussion, as well, yeah. Chairman Sanchez: All right. There's a motion by Vice Chairman Gonzalez, second by Commissioner Winton, for the record, and the item is under discussion. It's a resolution. Commissioner Allen, you're recognized for discussion. Commissioner Allen: Yes. Thank you, Mr. Chairman. Of course, this is a great project, and it's a very ambitious project, but as 1 was looking at the supporting documents here, I'm puzzled by a figure of close to $7 million that's necessary or that's been budgeted to complete this transportation, and if I can recall correctly, we did pass something favorably relative to this project -- Midtown project sometime ago with respect to a feasibility study, and I've never seen City of Miami Page 103 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 the study. I don't know. Did the study say, well, here's the amount it's going to cost in which to do this? I don't -- that -- the reason why I ask is I don't see it attached here because it makes it appear we're just pulling our -- a number out of a hat, and also, to that end, we do have the project scope, 1 would assume, based on what you're going to opine on, but the funding sources - - I mean, the private entity, I mean, what's going to be their contribution on a percentage basis, or are we just going to take the bulk of this money from our CIP (Capital Improvements Program) budget? I mean, I do understand, you know, we have the special FEC (Florida East Coast) corridor special fund for that, but that's only up to a certain amount, but I need to know the matching -- do we have the matching available funding sources? Ms. Conway: I'll be happy to walk you through all the steps -- Commissioner Allen: OK. Ms, Conway: -- associated with this. Commissioner Allen: 1 appreciate it. Ms. Conway: The substitute item -- the original item that's before -- that was before you was the $6.9 million item that would have involved a private contribution from the developer based on funding limitations that the City had. We were not able to get a firm commitment from the developer for that, so that item has been withdrawn, and the substitute item that is before you is the item for $3.7 million, and if 1 can go back and explain. The City's been working for the last several years on the streetcar project. Commissioner Allen: Right. Ms. Conway: Concurrent with that, Midtown Miami has been under the development process. The development process for Midtown Miami started prior to the City's Streetcar Feasibility Study. The item that we had brought before you previously for the interlocal agreement between the Midtown CDD (Community Development District) and the City of Miami was to perform the engineering analysis associated with the streetcar underground requirements, so anything associated with it, that would have to be underground; the track slab, the underground electric, the catenary pull foundations, and to do an assessment of the street infrastructure that was proposed for Midtown Miami, and then also to pay differential costs to move drainage structures, underground FPL (Florida Power Light) and Southern Bell -- BellSouth utility duct banks out of the way so they wouldn't preclude the streetcar coming through in the future, or add a significant additional cost. That work has already been performed and completed. The item that we're bringing before you today, we looked at two different options, and the reason that we're bringing the item before you is that the Midtown site has been identified as a brownfield site, so there are environmental issues associated with how any underground work that involves the soil has to be handled and treated similar to some of the issues that we're dealing with with contamination remediation on several City -owned properties. The item that's before you, we looked at two different options. One option, that would be the bare minimum, that would construct the larger foundations for the street poles that would also accommodate the overhead contact system that would power the streetcar, as well as going and constructing on the alignment of the streetcar to a full depth of 36 inches or three feet, and putting in clean fill so that the site would be capped, and when the streetcar project comes through in the future, we would not have to reopen a Brownfield site and have to do significant, more costly environmental remediation work associated with it. When we discussed the option with the developer, the developer initially had asked us to also construct a track slab itself in conjunction with the work that was proposed, the limited work that we were proposing so that we would not have to reopen a brownfield issue in the future and an environmental contamination remediation issue in the future. When they did that, we proffered that we would be willing to do that if they would fund the differential costs between the 3.7 million that we were proposing as the bare City of Miami Page 104 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 minimum that needed to happen now to avoid future environmental issues, and the 6.9 million cost; that would be the total estimated cost to also construct the track slab. We had discussions and negotiations with them over the last month that stalled, and we came to the mutual conclusion that we would only do the minimum underground work that's required. Regarding the funding source, the funding source is in part from the companion item, RE.4, as well as from the City's portion of the half -cent sales tax that must be spent on transit -oriented projects. Commissioner Allen: Correct. Just one or two more follow-up questions. I brought this up early on when we approved the feasibility study. Has anyone have an idea of what the maintenance cost is going to -- on an annual basis, or some ballpark figure? Because when you put this transportation system up, it's going to require maintenance cost on an annual basis. Did they go to that extent? Ms. Conway: In the feasibility study report itself, yes, we did, and 1 believe the annual maintenance costs were around $3 million -- in the ballpark of 3 to $4 million annually. Commissioner Allen: And we've identified a funding source for that? Ms. Conway: We're in the final stages of developing a comprehensive financial strategy for the streetcar project that includes both capital expenses, as well as operation and maintenance expenses, and we're actually having a presentation discussion with the managers next Tuesday afternoon for exactly that, but the answer is, from staffs standpoint and the finance consultants that are working with us on our behalf on the streetcar project, we feel that we have a very conservative financial plan that is financially feasible for both the capital and the operations and maintenance expenditures for the streetcar project. Commissioner Allen: OK. Aside from the identified funding sources you mentioned -- of course, some of this money is coming from the CIP, your department -- that, in any way, shape, or form would affect any other projects throughout the City that have already been line itemed because -- Ms. Conway: No, it would not, because the -- Commissioner Allen: We don't have -- Ms. Conway: -- the half -cent sales tax monies were broken -- Commissioner Allen: Is sufficient. Ms. Conway: -- into two categories; 20 percent of which has to be spent on transit projects, so there are no competing projects that would not be able to move forward The use of those monies is restricted to a transit project -- Commissioner Allen: Right. Ms. Conway: -- such as the streetcar. Commissioner Allen: All right, and I guess one last question. With respect to the environmental, the contaminated soil issue, again, perhaps, you can educate me on this. Is there a point whereby -- it's ultimately approved by whom? I guess the federal government, right, or the environmental agency, local, and/or state? Ms. Conway: Local. The office of DERM (Department of Environmental Resources Management) is the one that the Midtown developer is working with, and who has issued the permits, and is monitoring the construction at the site presently. City of Miami Page 105 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Allen: Right, because the money that you've earmarked, if you will, a line item for that, that would clearly take care of this remediation contamination cost. I mean, we are going to be -- Ms. Conway: We would actually be falling under the existing job site protocols that are being followed for the contamination remediation. The contractors, who are doing this work, would also be doing the work, via this interlocal agreement that's before you. They're following all the standard precautions. They have wash stations on site. They have specific requirements of how they dispose of excavated materials. Once this project was completed, the site would be capped, considered capped, and unless we dug on the site below a three-foot level, we would not have to deal with contamination issues in the future. Commissioner Allen: And we would be done, and lastly, Mr. Chairman, I don't want to belabor this point, but you mentioned the fact that there were attempts to negotiate, if you will, the mutual agreement with the developer; they decide to pull away with respect to a certain segment of the funding of this project. Where does that leave us with the developer? I mean, are we going to only get to a certain point -- Ms. Conway: No. I think it's -- Commissioner Allen: -- or shouldn't they contribute -- ? I mean, what's -- Ms. Conway: -- an issue of convenience. From staffs standpoint, the only work that needs to be accomplished is the work that's being proposed on the substitute item that's before you. The developer had wanted to minimize future impacts and disruption to the roadway that will occur on any roadway where the streetcar alignment is placed during the limited time period when the track slab is actually constructed. They had asked for us to consider doing that work now, as opposed to in the future, with the streetcar construction of the entire alignment, and we had proffered that we would if they would be able to fund the differential costs. They decided they did not want to fund the differential costs -- Commissioner Allen: Oh. Ms. Conway: -- and that work will be done as part of the larger streetcar project in the future. Commissioner Winton: Nor were they required to, ever. Ms. Conway: No. Commissioner Winton: Right? Ms. Conway: No. Commissioner Winton: They were never required to fund that. Ms. Conway: No. Commissioner Allen: Right. Commissioner Winton: It was never a requirement, so -- Ms. Conway.: It's a City -sponsored project. Chairman Sanchez: A11 right. Commissioner Allen, are you done? City of Miami Page 106 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Allen: Yeah. Chairman Sanchez: All right. Commissioner Regalado. I watched a County Commission meeting and there was a discussion, and they were discussing what is a transit -related project, and some of the County Commissioners -- Commissioner Javier Soto fought, and apparently, he won because the Public Works director and the County Manager agreed that pavement of a street is a transit -related project. They even included sidewalks, so 20 percent of all the proceeds for this kind of project that covers several blocks in one area, it's -- to me, it's very difficult to support because we don't know, first, how much this project will cost. You say $132 million, and probably the federal government, and probably the County will pitch in, but the City has a limited amount of half a penny in cent revenues, and you know, we have huge needs of transit throughout the City. This could be another Performing Arts Center that -- Commissioner Allen: Yeah. Commissioner Regalado: -- you know, we don't know how much it is, and we keep up --1 mean, what you're proposing make sense, but you don't know where the funding is coming exactly. 1 mean, you don't have all the funding in the bank. You say that the County probably will pitch in because they are very enthusiastic about it. Ms. Conway: Actually, we're not anticipating that there'll be funding from the County. We already have the $50 million authorization in the six -year Federal Transportation bill that was just passed. We also have been having lengthy discussions with the Department of Transportation, associated with Senate Bill 360, the Growth Management bill that was recently passed, and significant dollars that are available there. We've been looking at the state infrastructure bank low interest, two percent revolving trust fund -- loan fund. We've been talking about the possibility of capital plans for our respective CRA (Community Redevelopment Agency) districts for the portions of the project that fall through them, so we're looking, comprehensively, at federal, state, and local dollars, and again, do feel that we have a conservative, not with anything overly ambitious, in the figures. Regarding the 20 percent in the draft finance plan that we've developed, we are not counting on the entire 20 percent to go toward the streetcar project. We're using a lower figure of 16 percent to make sure that we still had revenues that could support circulator bus services that we've already been providing and want to see expanded in the future, so we do feel comfortable that we have something that is viable to move forward, and regarding the County, we've been coordinating closely with them and anticipate to continue to do so regarding long-term operations and maintenance. Commissioner Regalado: I just want to point out that I read a statement by Bill Frist, the president of the Senate, and by Tom Delay, who's not there anymore, but before he left, that -- they -- after Katrina -- they were going to revisit the Transportation bill for your -- because it's the only source that they can raid. Instead of raiding social security or Medicare, they're going to go after the Transportation bill. That's just a journalist reporting to you, so I'm not -- Chairman Sanchez: All right. Commissioner Regalado: -- I have to leave, but I'm not supporting that because that could be, to me, another Performing Arts Center. Chairman Sanchez: All right. OK. Any further questions on that? I just have one. This supplement that we're getting, instead of the 7 million, it's 3.7, right? Ms. Conway: Yes, $3, 758, 378. Chairman Sanchez: And my understanding is it's coming from several funding sources, right? City of Miami Page 107 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Ms. Conway: That's correct. It is coming from the -- Chairman Sanchez: The half -cent. Ms. Conway: -- half -cent, and then the $1,500,297 that is on RE.4. Chairman Sanchez: OK, so it's not this original resolution, which was nearly seven million? Ms. Conway: Correct. Chairman Sanchez: All right. You know -- Commissioner -- Commissioner Winton: Mr. Chairman. Chairman Sanchez: Commissioner Winton. Commissioner Winton: May I address what appeared to be inconsistencies in Commissioner Regalado's comments? I don't know how you compare a mass transit system with a performing art center, and even if you wanted to talk about the Performing Arts Center, I would suggest to you, in 10 years, everybody's going to forget completely that the Performing Arts Center was two years behind and a hundred million over budget, or whatever it is, because it's going to be a fabulous facility that we can see, in our city, has already had a dramatic impact on economic development, so that's about the Performing Arts Center. Streetcar's going to be the same thing. What we're doing -- what you all have done in your support of this to date has been to look at the future with your eyes wide open. We know that we have a city that's growing dramatically in population; that's a fact. We know also that we have no space to increase capacity of roadways; that's a fact. We know that many of our roads are already D & F,• that's a fact, and so what's the option? Bury our head in the sand and think that let's not -- that paving new roads with a -- using transit money for pavement is the right answer? I don't think so. The right answer for our City is to create a true integrated mass transit system that reaches into all of our neighborhoods. It has to start somewhere. We're starting it. You all have started it. I'm thankful for your votes on this, but I think what we're doing is setting the future for a great city, not burying our head in the sand and using awful examples about how this thing doesn't work, and I appreciate that because 10 years from now, people are going to look back and say, "Holy mackerel, those guys were really smart," because we will have, ten years from now, significant components to an integrated transit system that our residents are going to be thrilled to death about. Twenty years from now, we'll probably have a fully integrated transit system that goes all over our city, and we started it. Commissioner Allen: Yeah. If I -- Chairman Sanchez: All right. It's a -- Commissioner Allen: -- could just quickly -- Commissioner Winton: Call the question. Chairman Sanchez: It's a resolution. Commissioner Allen: Commissioner, let me just -- just one quick -- Commissioner Winton: I called the question. Chairman Sanchez: The question has been called -- City of Miami Page 108 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 RE.4 05-01123 Department of Capital Improvement Programs/Transpor tation Votes: Commissioner Allen: Oh. Chairman Sanchez: -- Commissioner Allen. Commissioner Allen: OK. Excuse me. Chairman Sanchez: It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, say "nay." It passes, as amended. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT NOT TO EXCEED $1,500,297, FROM SPECIAL REVENUE ACCOUNT NO. 110145, "THE FEC CORRIDOR IMPROVEMENT TRUST FUND;" ALLOCATING SAID FUNDS TO CAPITAL IMPROVEMENTS PROJECT NO. 341330,"B-71215D STREETCAR PROJECT -MIDTOWN UNDERGROUND INFRASTRUCTURE," TO PROVIDE THE CONSTRUCTION OF UNDERGROUND INFRASTRUCTURE AND RELATED ENGINEERING SERVICES TO ACCOMMODATE THE MIAMI STREETCAR PROJECT WITHIN THE MIDTOWN MIAMI PROJECT. 05-01123 Legislation.pdf 05-01123 Exhibit 1.pdf 05-01123 Exhibit 2.pdf 05-01123 Exhibit 3.pdf 05-01123 Summary Form.pdf 05-01123 Master Report.pdf 05-01123 Previous Legislation.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0633 Chairman Sanchez: RE.4. Commissioner Allen: Yes. Could we -- ? Chairman Sanchez: Let's go to RE.4. That's a companion item from RE.3. Commissioner Winton: Yes. Mary Conway (Director, Capital Improvements Program & Transportation): Correct. Commissioner Allen: Yeah, that's companion. "[Later... J" Chairman Sanchez: All right. Where are we at now? City of Miami Page 109 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 RE.5 05-01159 Department of Capital Improvement Programs/Transpor tation Commissioner Winton: RE.4. Commissioner Allen: It's a -- Ms. Conway: 4. Commissioner Allen: -- companion item. Chairman Sanchez: RE.4 is a companion item. It's a resolution. Is there a motion? Commissioner Winton: So moved. Commissioner Gonzalez: Second. Chairman Sanchez: There's a motion by Commissioner Allen, second by Vice Chairman Gonzalez. It's a resolution. The resolution is under discussion. Hearing no discussion, all in -- discussion. Commissioner Allen: Yeah, just a quick -- can you, Madam Conway, get me the feasibility study, the completed feasibility study, if you will? Because I have not seen it, so -- Ms. Conway: The feasible study for the streetcar project itself? Commissioner Allen: Yeah, the one that -- where we allocated -- Ms. Conway: Yes. Commissioner Allen: Right. Ms. Conway: I'll have a copy of that delivered to your office. Commissioner Allen: OK. Chairman Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING AN INCREASE IN THE CONTRACT WITH MEF CONSTRUCTION, INC., PURSUANT TO RESOLUTION NO. 03-926, ADOPTED SEPTEMBER 11, 2003, FURTHER AMENDED PURSUANT TO RESOLUTION NO. 04-0789, ADOPTED DECEMBER 9, 2004, IN AN AMOUNT NOT TO EXCEED $317,681.88, INCREASING THE CONTRACT FROM $1,715,658 TO $2,033,339.88, FOR ADDITIONAL WORK REQUIRED FOR THE PROJECT ENTITLED "ROADWAY REHABILITATION, B-40656 (FORMERLY B-4656)," COMMONLY KNOWN AS THE NORTHWEST 19TH TERRACE PROJECT; ALLOCATING FUNDS FOR SAID INCREASE FROM City of Miami Page 110 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 CAPITAL IMPROVEMENT PROJECT NO. B-30228, ENTITLED "NORTHWEST 19TH TERRACE SWALE RESTORATION;" AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-01159 Legislation.pdf 05-01159 Summary Form.pdf 05-01159 Memo.pdf 05-01159 Contract.pdf 05-01159 Previous Legislation.pdf 05-01159 Text File Report.pdf 05-01159 Amendment to Contract.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-05-0628 Chairman Sanchez: All right. Let's go to RE.5, a four -fifth. We have four. I don't think that one's going to be a problem. All right, RE.5 is a resolution. Commissioner Allen: Could I -- ? I'm sorry, Mr. Chairman, if I could just interject. I just need your advice. Mary Conway, with respect to RE.3 and 4, they're companion items, and now we're being handed out information -- Chairman Sanchez: Commissioner Allen. This is a substitute. Commissioner Allen: Right. Chairman Sanchez: Look at all the documents. Commissioner Allen: Yeah. Chairman Sanchez: I mean, I'm certainly not going to vote on something that -- Commissioner Allen: Yeah, that was my concern. Chairman Sanchez: -- unless they explain what it is. I mean -- Commissioner Allen: Yeah, and I haven't had -- right. Chairman Sanchez: -- this is not a one page substitute; this is a -- Commissioner Allen: That's what I'm saying, this is -- Chairman Sanchez: All right, so let's try to go through the agenda. We could always come back this afternoon on the items that we -- Commissioner Allen: That's what I was going to suggest, if we could -- Priscilla A. Thompson (City Clerk): I'm sorry. I'm losing track of your meeting. Are we talking about RE.5 now or -- City of Miami Page ! I ! Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: We are -- Ms. Thompson: -- are we back on 3 and 4? Chairman Sanchez: -- at RE.5 right now. Ms. Thompson: Thank you. Chairman Sanchez: All right. RE.5 is a resolution that requires a four -fifth vote. Commissioner Gonzalez: Move RE.5. Chairman Sanchez: 1 need someone from the Department of Capital Improvements to state what this resolution is all about. Mary Conway: Mary Conway, CIP (Capital Improvement Programs) and Transportation. RE.5 is a resolution for an addition -- for a change order for additional work for MEF Construction, associated with some drainage modification, sidewalk repair work above and beyond what was in the original contract that was approved by the Commission. Chairman Sanchez: All right. There's a motion by Vice Chairman Gonzalez. Need a second. Commissioner Winton: Second. Chairman Sanchez: Second by Commissioner Winton for the purpose of discussion. The item is under discussion. Any discussion on the item? Commissioner Allen: Yes, one quick discussion. Chairman Sanchez: Commissioner Allen, you're recognized for the purpose of discussion. Commissioner Allen: Yes. Is this the first change order, Madam Conway? Ms. Conway: No, it is not. It is a second change order and the final one. This job is now -- Commissioner Allen: OK. Ms. Conway: -- completed. Commissioner Allen: All right. Thank you. Commissioner Gonzalez: Finally. Chairman Sanchez: Finally, because it's been a nightmare for you, Commissioner Gonzalez. Commissioner Allen: Yeah, it's been a -- Commissioner Gonzalez: For two and a half years, and let me tell you. Commissioner Allen: I can imagine. Vice Chairman Gonzalez.: I'll move to approve this item -- Commissioner Allen: I second City of Miami Page 112 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Winton: You already did. Commissioner Gonzalez: -- with a real bad sentiment because these people made my suffer what no one else is ever going to make me suffer in any project, OK -- Chairman Sanchez: All right. Commissioner Gonzalez: -- and they should get the message. Commissioner Allen: Right. Chairman Sanchez: All right. 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. RE.6 05-01057 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "URBAN AREAS SECURITY INITIATIVE ("UASI") GRANT PROGRAM IV (FISCAL YEAR 2005)," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $15,828,322, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY PASSED THROUGH THE OFFICE FOR DOMESTIC PREPAREDNESS ("ODP"), DIRECTLY TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT ("DEM"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ITS CONTIGUOUS COUNTIES, MIAMI-DADE, BROWARD AND MONROE, SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI'S DEPARTMENT OF FIRE -RESCUE, AS AN UASI SPONSORING AGENCY; CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED IN THE FORM OF GRANTS FROM THE ODP THROUGH THE DEM. 05-01057 Legislation.pdf 05-01057 Exhibit 1.pdf 05-01057 Exhibit 2.pdf 05-01057 Exhibit 3.pdf 05-01057 Exhibit 4.pdf 05-01057 Exhibit 5.pdf 05-01057 Exhibit 6.pdf 05-01057 Exhibit 7.pdf 05-01057 Exhibit 8.pdf 05-01057 Summary Form.pdf 05-01057 Email.pdf City of Miami Page 113 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 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-05-0629 Chairman Sanchez: And we go to RE.6. RE.6 is Department of Fire -Rescue. Commissioner Gonzalez: Move RE.6. Commissioner Allen: 1 second. Chairman Sanchez: All right. There's a motion and a second. There's a motion by Vice Chairman Gonzalez, second by Commissioner Allen. Could I have somebody put something on the record pertaining to this? Joe Fernandez (Assistant Fire Chief Department of Fire -Rescue): That's 6? Chairman Sanchez: RE.6. Mr. Fernandez: RE.6. Joe Fernandez, assistant fire chief Department of Fire -Rescue. Chairman Sanchez: It's accepting a grant; just say it. Mr. Fernandez: It's accepting the third round of the Urban Area Security Initiative, with Miami as the administrator for the grant. Chairman Sanchez: All right. There's a motion and a second The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City of Miami Page 114 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 BOARDS AND COMMITTEES BC.1 03-0234 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Joe Sanchez 03-0234 memo.pdf 03-0234 members.pdf DEFERRED Chairman Sanchez: Let's go ahead and start with board appointments. Vice Chairman Gonzalez: Mr. Chairman, I'm going to defer all my appointments. Chairman Sanchez: All right. Madam Clerk, for the record, Vice Chairman Gonzalez is going to defer all his board appointments. For the record, I will also be deferring all my board appointments. Commissioner Allen, will you be doing the same? Commissioner Allen: With the exception of one. BC.2 05-00063 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Eli Feinberg Commissioner Regalado 05-00063 memo.pdf 05-00063 members.pdf 05-00063 - Castillo vacancy - 3.pdf Motion by Commissioner Regalado, 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-05-0644 A motion was made by Commissioner Regalado, seconded by Commissioner Allen, and was passed unanimously, to appoint Eli Feinberg as a member of the Finance Committee; further City of Miami Page 115 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Eli Feinberg as a member of the Finance Committee. Chairman Sanchez: Go to BC.2. Commissioner Regalado: BC.2, Eli Feinberg. Chairman Sanchez: There's a motion to appoint Eli Feinberg to the Finance Committee. Is there a second? Commissioner Allen: Second. Commissioner Winton: Second. Chairman Sanchez: There's a second. Any further discussion on the item? Priscilla A. Thompson (City Clerk): He's going to need a waiver. Chairman Sanchez: He's going to need -- what kind of waiver, Madam Clerk? Commissioner Regalado: Waiver because he's there -- he's been there more than Johnny Winton. Commissioner Winton: Yes. He needs a hundred percent. Ms. Thompson: The five -- term limit. Chairman Sanchez: Term limit waiver -- Ms. Thompson: Yes. Chairman Sanchez: -- that's a four -fifth, right? Commissioner Regalado: No, no. Commissioner Winton: No, that's unanimous. Chairman Sanchez: Five. Commissioner Regalado: He wants to change to five -fifths. Commissioner Winton: That's unanimous. Chairman Sanchez: Yeah. Commissioner Regalado: 1 don't care. Commissioner Winton: Watch this (INAUDIBLE). Chairman Sanchez: Hey, show your legislative muscle here. Commissioner Winton: You're going to call for the -- Chairman Sanchez: All right. Madam Clerk, roll call. City of Miami Page 116 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Ms. Thompson: I'm sorry. Do -- I have the mover being Commissioner Regalado. I didn't hear a second. Commissioner Allen: I second. Chairman Sanchez: Yeah, there was a second -- Ms. Thompson: OK. Chairman Sanchez: -- by Commissioner Allen. Madam Clerk, roll call. A roll call was taken, the result of which is stated above. Chairman Sanchez: All right. Ms. Thompson: OK. The waiver -- Chairman Sanchez: Commissioner Regalado. Ms. Thompson: -- is approved. BC.3 05-00317 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Erika McKinney Commissioner Jeffery Allen 05-00317 memo.pdf 05-00317 members.pdf 05-00317-Sawyer resignation letter.pdf 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-05-0638 A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint Erika Mckinney as a member of the Virginia Key Beach Park Trust. A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to waive the residency requirements in Section 2-884(a) by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Erika Mckinney as a member of the Virginia Key Beach Park Trust. Chairman Sanchez: All right. Commissioner Allen, you're recognized City of Miami Page 117 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Allen: There is one -- give me one moment, Mr. Chairman, please. Chairman Sanchez: There's BC.1 through -- Commissioner Allen: Did you want me -- ? Chairman Sanchez: -- BC.21. Commissioner Allen: Right. Did you -- ? Oh, BC.1 and BC.21. Did you want me to -- for brevity's sake, I am deferring the vast majority of my appointments with the exception of probably -- with the exception of two, so would you want -- prefer me to -- Chairman Sanchez: Why don't you bring those two up for a nomination and then we'll vote on them -- and/or vote them out. Commissioner Allen: OK. All right. That would be the Virginia Key Beach Park Trust. Chairman Sanchez: That's BC.3. Commissioner Allen: BC.3. Chairman Sanchez: Who's your nomination or -- Commissioner Allen: My nom -- Chairman Sanchez: -- reappointment? Commissioner Allen: Erika -- Priscilla A. Thompson (City Clerk): If I might, can we just go down the list and he make those appointments when they're ready, that way 1 can handle them all as one? Because there may be multiple appointments in those sections. Chairman Sanchez: All right. We could do that, Madam Clerk, if it's much easier for you. Ms. Thompson: Please. Chairman Sanchez: OK. Well, we still have to wait for Commissioner Regalado. Commissioner Winton, do you have appointments? Commissioner Winton: Well, 1 was going to ask you, if you guys are all going to defer, 1 mean, it doesn't make any sense for me to go down my list and do all of them if y'all are going to defer. I ought to just wait and do them with you, if you're going to defer all yours. Chairman Sanchez: I'm going to certainly defer mine. Commissioner Winton: OK, well, then Must defer mine, too, and we'll do it at the next meeting. Chairman Sanchez: All right, so therefore, there's only one -- Vice Chairman Gonzalez: Are you reappointing people or -- ? Commissioner Allen: No. These are new appointments. City of Miami Page 118 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: All right. Let's not complicate the process here. It's one Commissioner. We'll go down the list. He only wants to appoint two, which is BC.3, so let's go to BC.3. BC.3 is the Virginia Key Beach Park Trust. Commissioner Allen: Park Trust. Chairman Sanchez: Commissioner Allen, you're recognized for a -- an appointment. Commissioner Allen: Yes, thank you, Mr. Chairman. I nominate Erika McKinney, Esquire, as the new appointee to the Virginia Key Park Trust. Chairman Sanchez: All right. Vice Chairman Gonzalez: Second. Chairman Sanchez: There is a motion and a second. Vice Chairman Gonzalez: 1 second. Chairman Sanchez: The motion has been made by Commissioner Allen, second by -- Commissioner Allen: Right. Chairman Sanchez: -- Vice Chairman Gonzalez. Commissioner Allen: Right. Commissioner Winton: Who does he replace? Ms. Thompson: She. Commissioner Winton: Commissioner Allen, who does he replace? Ms. Thompson: Bernice Sawyer resigned. Commissioner Allen: I'm sorry, yes -- Commissioner Winton: Bernice Sawyer resigned? Ms. Thompson: Yeah. Commissioner Winton: Oh. Commissioner Allen: Commissioner Winton, replaces Bernice Sawyer. Commissioner Winton: And she resigned? Commissioner Allen: Yeah, because of health. Commissioner Winton: Yeah. Chairman Sanchez: All right. Is there any discussion on the item? If not, Madam Clerk, does she need a waiver of any form? Ms. Thompson: We don't know because we don't have her particulars. I won't know until I get a City of Miami Page 119 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 resume or some kind of -- some information from -- Chairman Sanchez: All right. You could always bring it back? Commissioner Winton: Yes. Ms. Thompson: That's correct. Chairman Sanchez: All right. There's a motion and a second. No further discussion on the appointment. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and that individual has been appointed to the Virginia Key Beach Park Trust. "[Later... J" Commissioner Allen: Mr. Chairman. Chairman Sanchez: Yes, sir, you're recognized. Commissioner Allen: Just -- I have to do a -- if you will, a cleanup, or a corrective measure here. This is with respect to my appointee to the Virginia Key Park -- Beach Park Trust. Obviously, I was just handed this. Apparently, I may need a waiver based on the residence of the individual. Chairman Sanchez: All right. Vice Chairman Gonzalez: Move -- Chairman Sanchez: There's a motion -- Vice Chairman Gonzalez: -- for the waiver. Chairman Sanchez: -- for a waiver, reference the residency. There's a second by Vice Chairman Gonzalez. Commissioner Winton: Where's the individual live? Commissioner Allen: Pardon me, Commissioner? Commissioner Winton: Where does the individual live? Commissioner Allen: The individual lives at 14615 Northeast 5th Avenue, I'm advised. Commissioner Winton: Thank you. Commissioner Allen: Yes. Chairman Sanchez: All right. Commissioner Allen: Yes. Chairman Sanchez: We have a motion on the floor and a second to accept the waiver. All in City of Miami Page 120 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.4 05-00321 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 05-00321 memo.pdf 05-00321 members.pdf 05-00321-application.pdf DEFERRED NOMINATED BY: Chairman Joe Sanchez Vice Chairman Angel Gonzalez Commissioner Johnny Winton BC.5 05-00411 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE PARKS ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: 05-00411 memo.pdf 05-00411 members.pdf 05-00411-resignation cabanas.pdf 05-00411-resignation Seijas.pdf 05-00411- resignation Loyal.pdf 05-00411-Condon.pdf DEFERRED BC.6 05-00474 RESOLUTION NOMINATED BY: Chairman Joe Sanchez Vice Chairman Gonzalez Vice Chairman Gonzalez Commission At -Large City of Miami Page 121 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT FOR TERMS AS DESIGNATED HEREIN. 05-00474 memo.pdf 05-00474 members.pdf 05-00474-nominations. pdf DEFERRED BC.7 05-00493 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 05-00493 memo.pdf 05-00493 members.pdf DEFERRED NOMINATED BY: Chairman Joe Sanchez Commissioner Tomas Regalado Commissioner Regalado: On the Nuisance Abatement Board -- Chairman Sanchez: BC.7, Madam Clerk. Commissioner Regalado: -- BC. 7, Judy Sandoval. Judith Sandoval: Oh, no. Chairman Sanchez: All right. There's a mo -- Commissioner Allen: Second. Commissioner Regalado: 1 know, I know, but -- Ms. Sandoval: I refuse. Commissioner Regalado: Oh, you refuse? Ms. Sandoval: Yeah. Commissioner Regalado: Because you're leaving. City of Miami Page 122 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: Ma'am, ma'am -- Commissioner Regalado: OK, I'll defer this one because Judy cannot -- Ms. Sandoval: Yeah. Commissioner Regalado: -- do it. Ms. Sandoval: Sorry. Commissioner Regalado: That's OK. Chairman Sanchez: OK. Commissioner Regalado: That's all. BC.8 05-00494 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 05-00494 memo.pdf 05-00494 members.pdf DEFERRED NOMINATED BY: Vice Chairman Angel Gonzalez Commissioner Johnny Winton BC.9 05-00502 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE ZONING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Jeffery Allen 05-00502 memo.pdf 05-00502 members.pdf 05-00502-ap p l i cation s. pdf DEFERRED BC.10 05-00511 RESOLUTION City of Miami Page 123 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mirta Guerra -Aguirre Commissioner Tomas Regalado 05-00511 memo.pdf 05-00511 members.pdf 05-00511-resignation.pdf Motion by Commissioner Regalado, 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-05-0645 A motion was made by Commissioner Regalado, seconded by Commissioner Allen, and was passed unanimously, to appoint Mirtha Guerra Aguirre as a member of the Occupation License Equity Study Commission. Commissioner Regalado: BC.10, Occupational License Equity Study Commission, Mirtha Guerra -Aguirre. Chairman Sanchez: All right. There's a motion. Commissioner Regalado: That's BC.10. Commissioner Allen: Second. Chairman Sanchez: There's a second by Commissioner Allen. It is open for discussion. Hearing no discussion, Madam Clerk, does she need a waiver? Commissioner Regalado: No. Chairman Sanchez: No waiver? Commissioner Regalado: She's a City resident. Commissioner Winton: Who -- what's the name? Commissioner Regalado: Mirtha Guerra -Aguirre. She's a City resident; has the business in the City. Chairman Sanchez: 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 124 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 BC.11 05-00784 Office of the City Clerk BC.12 05-00785 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Joe Sanchez 05-00784 memo.pdf 05-00784 members.pdf DEFERRED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR TERMS AS DESIGNATED HEREIN. VOTING MEMBER APPOINTEES: NOMINATED BY: Commissioner Johnny Winton Commissioner Johnny Winton Commissioner Johnny Winton Commissioner Johnny Winton Commissioner Johnny Winton Commissioner Johnny Winton Commissioner Johnny Winton NON VOTING MEMBER APPOINTEES: NOMINATED BY: Commissioner Johnny Winton Commissioner Johnny Winton Commissioner Johnny Winton 05-00785 memo.pdf 05-00785 members.pdf 05-00785 resignations.txt City of Miami Page 125 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 DEFERRED BC.13 05-00786 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A REGULAR MEMBER OF THE CODE ENFORCEMENT BOARD FOR TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Hugh Ryan Commissioner Regalado (Regular Member, unexpired term ending February 12, 2006) 05-00786 memo.pdf 05-00786 members.pdf 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-05-0646 A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, to appoint Hugh Ryan as a regular member of the Code Enforcement Board. Chairman Sanchez: Commissioner Regalado, you're still on the mound Commissioner Regalado: BC. 13 -- Chairman Sanchez: Code Enforcement Board Commissioner Regalado: -- Hugh Ryan. Chairman Sanchez: All right. There's a motion by Commissioner Regalado. Is there a second? Vice Chairman Gonzalez:: Second Chairman Sanchez: Second by Vice Chairman Gonzalez. The item is under discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.14 05-00790 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED City of Miami Page 126 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 HEREIN. APPOINTEES: Allyson M. Warren 05-00790 memo.pdf 05-00790 members.pdf NOMINATED BY: Commissioner Tomas Regalado 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-05-0647 A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, to appoint Allyson Warren as a member of the Community Technology Advisory Board. Commissioner Regalado: BC.14 -- Chairman Sanchez: Community Technology Advisory Board. Commissioner Regalado: -- Allyson -- reappointment of Allyson Warren. Chairman Sanchez: All right. There's a motion to reappoint. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by -- Commissioner Allen: Second. Chairman Sanchez: -- Vice Chairman Gonzalez. The item is under discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.15 05-00791 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Christino Alvarado Commissioner Tomas Regalado City of Miami Page 127 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Aurelus Dorvil Commissioner Tomas Regalado 05-00791 memo.pdf 05-00791 members.pdf 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-05-0648 A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously to appoint Christino Alvarado and Aurelus Dorvil as members of the Equal Opportunity Advisory Board Commissioner Regalado: And BC.15, Equal Opportunity Advisory Board, Christino Alvarado, Aurelus Dorvil. Chairman Sanchez: All right. There're two appointments by -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- Commissioner Regalado, second by Vice Chairman Gonzalez. Do they need any waivers, Madam Clerk? Commissioner Regalado: No. Priscilla A. Thompson (City Clerk): I don't have their information. Commissioner Regalado: No. Chairman Sanchez: All right. Commissioner Regalado: No, they don't; City residents. Chairman Sanchez: OK. Any further discussion on BC. 15? Hearing none, all in favor, say „aye " The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Regalado: That's it. Chairman Sanchez: All right, so we're basically done with boards and committees. BC.16 05-00795 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. City of Miami Page 128 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 APPOINTEE: NOMINATED BY: Commissioner Jeffery Allen 05-00795 members.pdf 05-00795-resig nation. pdf DEFERRED BC.17 05-00796 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: (Architectural Historian) (Alternate seat) (Restoration Architect) (Architect) 05-00796 memo.pdf 05-00796 members.pdf 05-00796-applications.pdf DEFERRED Vice Chairman Angel Gonzalez Vice Chairman Angel Gonzalez Chairman Joe Sanchez Commissioner Tomas Regalado BC.18 05-00833 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) BOARD OF DIRECTORS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Carlos Migoya DDA Board of Directors City of Miami Page 129 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 BC.19 05-00850 Office of the City Clerk BC.20 05-01198 City Manager's Office Sergio Rok Loretta Cockrum Jorge Perez 05-00833 memo.pdf 05-00833 members.pdf 05-00833-nominations.pdf DEFERRED DDA Board of Directors DDA Board of Directors DDA Board of Directors RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 05-00850 members.pdf 05-00850-app l icatio n s. pdf DEFERRED NOMINATED BY: Vice Chairman Angel Gonzalez Vice Chairman Angel Gonzalez Commissioner Johnny Winton Commissioner Johnny Winton Chairman Joe Sanchez Chairman Joe Sanchez Commissioner Tomas Regalado Commissioner Tomas Regalado Commissioner Jeffery Allen Commissioner Jeffery Allen RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE CITY MANAGER'S APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST FOR TERMS AS DESIGNATED HEREIN. City of Miami Page 130 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 APPOINTEES: NOMINATED BY: David Chiverton City Manager Joe Arriola Carlie Dunbar City Manager Joe Arriola 05-01198 memo.pdf 05-01198 applications.pdf 05-01198 members.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-05-0639 A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to confirm the City Manager's nominations of David Chiverton and Carlie Dunbar as member of the Model City Revitalization District Trust. Chairman Sanchez: Commissioner Allen, what was your other appointment? Commissioner Allen: I think that's -- yeah, that's it for now. Yeah, that's it -- Chairman Sanchez: All right. Commissioner Allen.: -- Mr. Chairman. Chairman Sanchez: Why don't we go to the discussion items? Joe Arriola (City Manager): Mr. Chairman, I have two nominations for the Model City Trust, BC.20 -- Chairman Sanchez: All right. Mr. Arriola: -- that we advertised it. Chairman Sanchez: Mr. City Attorney, you're rec -- Mr. City Manager, you're recognized -- Mr. Arriola: I'm just letting you know. Chairman Sanchez: -- for your two appointments. Mr. Arriola: Thank you. Chairman Sanchez: No, no. You're recognized Mr. Arriola: There's the two appointments; we advertised for this, so I want to bring them forward from two resignations. One is David Chiverton and the other one is Charlie Dunbar [sic]. City of Miami Page 131 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Priscilla A. Thompson (City Clerk): Carlie. Chairman Sanchez: Who? Ms. Thompson: Carlie. Chairman Sanchez: Car -- Mr. Arriola: Not Charlie, I'm sorry. I'm having a tough -- Carlie Dunbar, and I'm so sorry. Chairman Sanchez: OK. Mr. Arriola: Sorry. Chairman Sanchez: The City Manager has proffered two names as nominees -- Commissioner Winton: Second. Chairman Sanchez: -- for the Model City Community Revitalization District Trust. There is a motion. Vice Chairman Gonzalez: I move the appointment. Commissioner Winton: I'll move it and -- you'll move -- Vice Chairman Gonzalez: OK, I'll second it. Commissioner Winton: -- I'!! second Commissioner Allen: I second Chairman Sanchez: There is a motion, for the record, by Commissioner Winton, second by Commissioner -- Vice Chairman Gonzalez. The item is under discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, Madam Clerk. Those individuals have been -- Commissioner Allen: Yes. Chairman Sanchez: -- appointed. BC.20 05-01198a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ronald G. Sands Commissioner Allen (to serve unexpired term ending May 9, 2006) City of Miami Page 132 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Schnae Nicole Mitchell Commissioner Allen (to serve unexpired term ending March 14, 2006) Motion by Commissioner Allen, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0651 A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to remove Henry Crespo as a member of the Model City Revitalization District Trust and replace him with Juan Sands as a member of the Model City Revitalization Trust. A motion was made by Commissioner Allen, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Sanchez and Commissioner Winton absent, to appoint Schnae Nicole Mitchell as a member of the Model City Revitalization District Trust. [Note: Norman Powell resigned]. Commissioner Allen: And one last issue, since we're dealing with the board appointments. My staffjust handed me the item that we're going to (UNINTELLIGIBLE) pursuant (UNINTELLIGIBLE) -- pursuant to Section 2-885 -- this is the board appointment. Apparent -- Chairman Sanchez: Board appointment where, to who? Commissioner Allen: Model City Trust. Model City Trust Board. Chairman Sanchez: That's BC.20. Commissioner Allen: Yes. Pursuant to Section 2-885, subsection A(3), which pertains to the removal of board members at the will and recommendation of the nominating Commissioner, 1 would like to recommend the removal of Henry Crespo from the board of the Model City Trust, and nominate Juan Sands, an active community leader, to serve in the seat of the board of the Model City Trust -- Chairman Sanchez: All right. Commissioner Allen: -- and that should do it. Chairman Sanchez: There is a motion on the floor. Is there a second to remove -- Vice Chairman Gonzalez: Second. Chairman Sanchez: OK. There's a second by Vice Chairman Gonzalez. The item is under discussion. Commissioner Winton: This is to remove someone, you said? Chairman Sanchez: Yes. Commissioner Winton: OK. City of Miami Page 133 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: Hearing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Commissioner Regalado, you just joined us. We were going through the board and -- boards and committees, and you're it on the items. Most of the Commissioners deferred theirs to the next meeting. What is your wish? Commissioner Regalado: I can appoint several persons. Chairman Sanchez: You can appoint several? All right. Commissioner Regalado: Yes. Chairman Sanchez: Let's go through BC.1. Commissioner Regalado: No, 1 don't have any appointment there. "[Later...J" Vice Chairman Gonzalez: All right. That concludes the regular agenda. Commissioner Allen: Mr. Chairman. Vice Chairman Gonzalez: 1 think Commissioner Regalado has a pocket item. Commissioner Allen: I'm sorry. Yeah, I do have one, but actually, this is considered part of the regular agenda. I forgot earlier today -- this is with respect to a board appointment, so this is simply something I forgot. I was going through my notes, so I'd like to dispose of that quickly, if I may, please. Vice Chairman Gonzalez: OK. Commissioner Allen: All right. This is due to the resignation of Norman Powell from the board of the Model City Trust. 1 would like to nominate -- Vice Chairman Gonzalez: Wait a minute. We don't -- actually, yeah, yeah. We have a quorum. I'm sorry. Commissioner Allen: Yeah, I will like to nominate, pursuant to Section 12.5-30 subsection b of the Code, Schnae Mitchell, a business lawyer with the firm of Klein & Seth, to serve in this seat of the board of the Model City Trust. Vice Chairman Gonzalez: All right. We have a motion. Commissioner Regalado: Second. Vice Chairman Gonzalez.' And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: OK. Motion carries. Commissioner Allen: Thank you. City of Miami Page 134 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 BC.21 05-01053 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD. APPOINTEES: Barbara K. Loyd Francisco De La Paz Emanuel Washington 05-0153 memo.pdf 05-0153 members.pdf Motion by Commissioner Winton, 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-05-0640 Chairman Sanchez: Madam Clerk. Priscilla A. Thompson (City Clerk): BC.21, if I can get you to accept the election for the Overtown Advisory Board. Chairman Sanchez: All right. Need a motion to accept the Overtown Advisory Board elections - Commissioner Winton: So moved. Chairman Sanchez: -- results. There's a motion -- Commissioner Allen: Second. Chairman Sanchez: -- by Commissioner Winton, second by -- Commissioner Allen: Second. Chairman Sanchez: -- Commissioner Allen. The item 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 we move right along. City of Miami Page 135 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 DI.1 05-01124 Department of Capital Improvements Program DI.2 05-00927 Office of Strategic Planning, Budgeting, and Performance / Department of Finance DISCUSSION ITEMS DISCUSSION ITEM PRESENTATION BY MR. ROBERT FLANDERS, CHAIRPERSON OF THE HOMELAND DEFENSE/ NEIGHBORHOOD IMPROVEMENT BOND OVERSIGHT BOARD CONCERNING THEIR ANNUAL REPORT. 05-01124 Memo.pdf DEFERRED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Sanchez absent, to defer consideration of items DI.1 and DI Chairman Sanchez: Let's get some of the discussion items out of the way, and then we'll head over to planning and zoning. First discussion item is DI -- DI.1, which is the Bond Oversight Board annual report. Are they here? Are they ready? I guess they're not ready. "[Later...]" Vice Chairman Gonzalez: All right. We had two items on the regular agenda. One was the Bond Oversight Board annual report. Is there anybody here at this time to address this item? Commissioner Winton: So -- Vice Chairman Gonzalez: There was no one here early, there's no one here now. DISCUSSION ITEM DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET OUTLOOK. 05-00927 Summary Form.pdf DEFERRED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Sanchez absent, to defer consideration of items DI.1 and DL2 Chairman Sanchez: All right. How about the financial update and budget outlook? Vice Chairman Gonzalez: They're not here either. "[Later...]" Vice Chairman Gonzalez: And also, we had a financial update and budget outlook. OK, we have Larry here. City of Miami Page 136 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Otto Boudet-Murias (Chief Planning & Economic Development): We're requesting that that item be deferred to the next -- Vice Chairman Gonzalez: All right. I will -- what I will need is a motion to defer D -- Commissioner Winton: So moved. Vice Chairman Gonzalez: -- DI.1 and DI.2. Commissioner Winton: So move. Commissioner Regalado: Second. Vice Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: Motion carries. All right. This concludes the regular agenda. City of Miami Page 137 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 NON -AGENDA ITEMS NA.1 05-01320 DISCUSSION ITEM Chairman Sanchez recognized County Court Judge Ana Maria Pando, former City of Miami Assistant City Attorney. DISCUSSED Chairman Sanchez: All right. Before we do that, before we continue, I'd like to -- the opportunity to introduce Judge Ana Maria Pando, who's here, and I wanted to introduce her earlier, but we were debating back and forth on this transit bill, so always a pleasure to have you here, judge. Coming back home. NA.2 05-01287 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO DETERMINE APPROPRIATE USES AND FEES, FOR CITY FACILITIES UNTIL DECEMBER 31, 2005 BY GOVERNMENTAL ENTITIES AND OTHER HURRICANE RELIEF AGENCIES FOR ACTIVITIES AND RELIEF EFFORTS RELATED TO HURRICANE WILMA. Motion by Vice Chairman Gonzalez, 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-05-0635 Chairman Sanchez: I think that's going to do it for now. Commissioner Allen: Yes. Chairman Sanchez: We'll be back -- Vice Chairman Gonzalez: Are we going to do pocket items now, or -- ? Chairman Sanchez: Oh, no. We'll do pocket items at the end. We'll be back at 2:30, so at this time -- Oh, a pocket item? Joe Arriola (City Manager): Yes. Vice Chairman Gonzalez: Guess we might as well do the -- Commissioner Allen: Let's do it later. Commissioner Winton: I thought we were doing those at the end. Commissioner Allen: Can we do it later? Chairman Sanchez: All right. Let's do the pocket items. Go ahead. Vice Chairman Gonzalez: All right. I got -- I have four pocket items here. One is a resolution of the City of Miami Commission authorizing the City Manager to determine appropriate uses City of Miami Page 138 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 and fees, if any, for the City facilities until December 31, 2005, by governmental entities and other hurricane relief agencies, for activities and relief efforts related to Hurricane Wilma. That's my motion. Chairman Sanchez: All right. There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Winton: Second. Commissioner Allen: Yeah -- Chairman Sanchez: Sec -- Commissioner Allen: -- second, just for a quick discussion. Chairman Sanchez: Second by Commissioner Winton. The item is under discussion. Commissioner Allen: Yeah, Mr. City Manager, this entails that you could take possession of certain City property. Let me -- I have to chuckle a bit. Does that put Hadley Park at risk, the actual center? Yeah, because -- Mr. Arriola: But this is basically a (UNINTELLIGIBLE) -- Commissioner Allen: I have so many comments. Mr. Arriola: -- to -- Commissioner Allen: Yeah. Mr. Arriola: -- require to put somebody in a building so I don't have to go through the whole process to be waived fees, and things like that; if you need the convention center now for the Red Cross, or that sort of thing. Commissioner Allen: Right, so in other words, this will allow you -- for example, you know the actual facility, the building facility at Hadley Park. That means you can, if you will, for lack of a better description, commandeer that and use a portion of that particular facility up until the 31 st of 2005. Mr. Arriola: Yeah, that -- Commissioner Allen: That's what this says to me, right -- Mr. Arriola: Yeah, basic -- Commissioner Allen: -- and see, that's my concern because I have a lot of competing interests there. There's been an outstanding issue about lack of space -- Mr. Arriola: No, no. Commissioner Allen: -- and I just don't want that area to be jeopardized It's now in the throes of the football season. I have the AARP (American Association of Retired Persons) meeting there. Mr. Arriola: Yeah. Commissioner Allen: They are fighting. I've got some serious issues. You may recall, in fact, City of Miami Page 139 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 the firefighters -- I'm sorry, not the firefighters, but the Fire Department wanted to also, if you will, commandeer a certain portion of that, and frankly speaking, I don't -- just don't want this to be used as a subterfuge to use that facility. I would like -- I will support it and -- with the caveat that Hadley Park physical building not be used -- Mr. Arriola: This is -- Commissioner Allen: -- if you will. Mr. Arriola: -- strictly to, in case I need a specific place for refugee or something important that happens in the City that you guys need right away -- Commissioner Allen: Right. Mr. Arriola: -- that I could waive the fee. Commissioner Allen: I understand your concern. Mr. Arriola: I could do the other -- I could still do the Hadley Park now with -- well, through the emergency ordinance. If I wanted to do that, 1 could do that now without having to come to Commission. This is more of a fee waiver that I can waive fees in case we needed it. In other words, if you needed a public facility right now that -- because the Red Cross needs to take it over -- Vice Chairman Gonzalez: Shelter or whatever. Mr. Arriola: -- we could waive the fee -- Commissioner Allen: Yeah, I -- Mr. Arriola: -- but that -- what you're asking for -- Commissioner Allen: Yeah. Mr. Arriola: -- I have the right to do that now anyway, so it doesn't matter. Commissioner Allen: Right, so you currently have the right now -- Mr. Arriola: Yes. Commissioner Allen: -- to do that, irrespective of this -- Mr. Arriola: Yes, yes. Commissioner Allen: -- to commandeer? Mr. Arriola: Yes. Commissioner Allen: Because I just want you to be concerned with the -- Mr. Arriola: I'm very concerned Commissioner Allen: -- challenges that I have with my constituents. Mr. Arriola: 1 know. City of Miami Page 140 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Allen: They're complaining. They don't want anything else in there. I mean, it's a serious issue -- Mr. Arriola: Oh, I -- yeah. Commissioner Allen: -- over there, lack of space. Mr. Arriola: No, no, no, no. As a matter of fact, we're setting up -- any programs, you know, we're setting that up outside, and it's good for the community. Commissioner Allen: All right. Well, let's do this -- Mr. Arriola: I wouldn't do it -- Commissioner Allen: -- having said that, could we -- if you were to add a caveat to this, and if you will, exempt that Hadley Park facility, if you will, relative to being commandeered for any -- Mr. Arriola: But I have that right now. I mean -- Commissioner Allen: I know. Mr. Arriola: -- I have the privilege -- I mean, I have the authority right now to commandeer and do whatever I want. This has nothing to do with what we're trying to pass right now. Commissioner Allen: All right. Commissioner Winton: And he has that right in any City park -- Commissioner Allen: Yeah. Commissioner Winton: -- in any emergency, and I'm -- Commissioner Allen: No, I understand. Commissioner Winton: -- not going to support taking it away. I mean -- Mr. Arriola: That has nothing to do with it. Commissioner Allen: No, no, I understand. Commissioner Winton: -- when you're in an emergency, you need somebody at the top making decisions now. Mr. Arriola: Yeah. Commissioner Allen: Commissioner Winton, I understand, and -- but I'm sharing to the City Manager the concerns. He's fully aware of it, the competing interests -- Commissioner Winton: Which I think he's recognized -- Commissioner Allen: -- over there -- Commissioner Winton: -- so -- City of Miami Page 141 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Allen: -- so keep that -- could you keep that in mind, Mr. City Manager? Mr. Arriola: You know I do. Commissioner Allen: I mean, there are -- I get tons of complaints. Mr. Arriola: Yeah. Commissioner Allen: I mean, it's only limited space there. Mr. Arriola: I know that. Commissioner Winton: OK, so -- Vice Chairman Gonzalez: OK. Commissioner Winton: -- we have a -- Commissioner Allen: OK. Commissioner Winton: -- motion -- Commissioner Allen: Thank you. Commissioner Winton: -- and a second on this resolution. Any further discussion? If not, all in favor, "aye." The Commission (Collectively): Aye. Commissioner Winton: Opposed, like sign. Motion carries. NA.3 05-01286 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE DECLARATION OF AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTIONS 36-4(A) AND 36-5 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE LEVEL AND HOURS OF NOISE RESULTING FROM FILMING "MIAMI VICE," FROM SEPTEMBER 30, 2005, TO DECEMBER 31, 2005, AT VARIOUS LOCATIONS IN THE CITY OF MIAMI, FLORIDA, WITH EACH LOCATION AND TIME PERMITTED BY THE OFFICE OF FILM ARTS, CULTURE AND ENTERTAINMENT. Motion by Vice Chairman Gonzalez, 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-05-0634 Vice Chairman Gonzalez: Mr. Chairman, I have another resolution. Resolution of the City of Miami Commission extending the declaration of an exemption from the prohibition and the restriction contained in Section 36-4(A) and 36-5(A) of the Code of the City of Miami, Florida, as amended, as related to the level and hours of noise resulting from filming Miami Vice from September 30, 2005 to December 31, 2005, at various locations in the City of Miami, Florida, City of Miami Page 142 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 with each location and time permitted by the Office of Film, Arts, Culture, and Entertainment. That's my motion. Commissioner Winton: We have a motion. Need a second. Commissioner Allen. Commissioner Allen: 1 second, Mr. -- Commissioner Winton. Commissioner Winton: We have a motion and a second. Do we have any further discussion on this item? If not, all in favor, "aye." The Commission (Collectively): Aye. Commissioner Winton: Like sign, opposed. The motion carries. NA.4 05-01228 RESOLUTION District 1 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN THE AMOUNT NOT TO EXCEED $11,000, FROM THE 2004-2005 DISTRICT 1 OFFICE BUDGET, TO THE ALLAPATTAH CHAMBER OF COMMERCE COMMUNITY SERVICES, INC., FOR PUBLIC SERVICES ACTIVITIES IN DISTRICT 1. Motion by Vice Chairman Gonzalez, 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-05-0649 Vice Chairman Gonzalez: Resolution of the City of Miami Commission authorizing the allocation of funds in the amount not to exceed $11, 000 from the 2004/2005 District 1 office budget to the Allapattah Chamber of Commerce Community Services, Inc., for the public services activities in District 1. That is my motion. Commissioner Winton: We have a motion. Commissioner Allen, are you going to second this motion? Commissioner Allen? Commissioner Allen: I'm sorry, Mr. Chairman. Commissioner Winton: I'm sorry. Can you second this motion? Commissioner Allen: Yes, Commissioner Winton. Commissioner Winton: We have a motion and a second. Do we have any discussion on this item? if not, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. NA.5 05-01240 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE City of Miami Page 143 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 AGREEMENT WITH RECREATIONAL DESIGN AND CONSTRUCTION, INC. ("RDC") DATED JUNE 13, 2005, FOR THE PROJECT ENTITLED "GRAPELAND HEIGHTS PARK BALLFIELD COMPLEX, B-60496," TO INCLUDE ENVIRONMENTAL SITE REMEDIATION WORK AND TO INCREASE THE AMOUNT OF COMPENSATION, TO PAY FOR SUCH WORK, BY AN AMOUNT NOT TO EXCEED $4,800,000, FROM $5,979,063 TO $10,779,063; ALLOCATING FUNDS FROM B-60496 CAPITAL IMPROVEMENT PROJECT NOS. 311711, 331419, AND 333138, FOR SAID PURPOSE. 05-01240-Exhibit-1. 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-05-0636 Vice Chairman Gonzalez.: And Mr. Chairman, I left this last resolution for last because it's very important, and this is in reference to the Grapeland Park, the water theme park, and the baseball field park, and the community center, and everything. As you all know, we had a contamination problem in the site, and that had delayed the project. Now, we had an RFP (Request for Proposals) out for a company that could do a remedial on the site, and they have selected a company, the lowest bidder, I believe -- Commissioner Allen: Great. Vice Chairman Gonzalez: -- and the resolution says to authorize the City Manager to execute an amendment to the existing agreement between the City and Recreational Design and Construction, Inc., RDC, for the project entitled "Grapeland Heights Park Ballfield Complex, B-60496, " and to authorize an increase in the contract value for -- by $4,800,000 from 6 million -- to 10, 800, 000, to allow for environmental remediation of the site. Without doing this, we won't be able to have a park, so -- Joe Arriola (City Manager): Clar* it so people understand. Commissioner Winton: Yeah, Mary, right. Mr. Arriola: Why we're going with the RDC on this thing is just because that's the way the contract is. We put out to bid the -- Vice Chairman Gonzalez: The remedial. Mr. Arriola.' -- clean -- (UNINTELLIGIBLE) -- we had three bidders. Vice Chairman Gonzalez: Right. Mr. Arriola: You know, it was very clear. It's just for expedited purposes we have to put it under the same contract -- Vice Chairman Gonzalez: Right. Mr. Arriola: -- Commissioner, but you know that we have to clean the site, and we can't have anything unless -- City of Miami Page 144 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Vice Chairman Gonzalez: That's right. Mr. Arriola: -- we clean the site. You'll be fighting and -- Vice Chairman Gonzalez: Without cleaning the contamination, there'll be no park. Mr. Arriola: Yes, and this is -- Commissioner Allen: Right. Mr. Arriola: -- ash that was dumped in there many, many, many, many years ago and we need to clear. It's for the -- Chairman Sanchez: So you're declaring it an emergency? Mr. Arriola: Well, the issues we have gone through so far -- we went through a bidding process. We bidded [sic] the three contracts. We had three people bid on it. The only reason it has to go under the RDC is because that's the way we have to put it on the contract. Chairman Sanchez: Why don't you explain, Madam Director? Mary Conway: Mary Conway, CIP (Capital Improvement Projects) and Transportation. The scope of work of the item that's before you is to remove approximately 63,000 tons of incinerator ash from the site, as the Commissioner and -- Commissioner Winton: Wow. Ms. Conway: -- Manager had mentioned. We're envisioning that it's going to take between four and six months to remove all the material, bring in clean fill, and some of that can happen concurrent with the park improvements. Other portions will have to be done in advance, and we're staging it to try to have minimal impacts to the construction of the ball field and the other - - water park and the other park improvements. What we did in this instance was -- our worst case estimate is that it will cost no more than $4.8 million to remove the incinerator ash and then bring in clean fill beyond what was already anticipated in the previous item that was brought before you. What we did was contacted 11 firms -- Commissioner Allen: Right. Ms. Conway: -- that specialize in this type of work -- Commissioner Allen: Correct. Ms. Conway: -- and solicited bids from them based on the environmental work and the reports that had previously been completed and approved by DERM (Department of Environmental Resources Management). We received two bids: one was from Petro Hydro, in an amount of 4,167,242, and then the successful low bid was from Advantage Environmental Services for $3, 680, 000, so of the $4, 800, 000, RDC will subcontract $3, 680, 000 to Advantage Environmental Services, the successful low bidder. The remaining money will be a change order in increase for RDC to then bring in clean fill and complete -- Commissioner Allen: Right. Ms. Conway: -- the site grading to be able to build the improvements as initially planned. City of Miami Page 145 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Allen: OK, if I can comment quickly? Commissioner Winton: Well, we need a --. Commissioner Allen: I understand -- Commissioner Winton: Hold on, hold on, hold on. We've got a motion on the table. We need a second for discussion. Commissioner Allen: I'm sorry. Second for discussion. Commissioner Winton: Thank you. Commissioner Allen: I thought we had a second. Commissioner Winton: You're recognized Commissioner Allen: Yeah, quickly, great explanation. I guess the next question is -- let me turn to our City Attorney. Legally, does this -- is this sufficient? Because you know you have those issues of liability, and you know, I don't want this to be characterized as some -- a piggyback, that it did not necessarily go out for bid This was pursuant to a competitive process, that's what I want to make sure -- Jorge L. Fernandez (City Attorney): Yes. Commissioner Allen: -- but nonetheless, it's under the aegis of RDC. Mr. Fernandez: It is. We have thoroughly reviewed this matter with the Department, and we've prepared the item so that it would come in front of you, and it passes muster. It is appropriate. Commissioner Allen: OK, and clearly, the subcontractor who will be doing the remediation is Advantage. Ms. Conway: Yes. Commissioner Allen: Clearly -- Ms. Conway: Yes. Commissioner Allen: -- the -- right. Ms. Conway: They are the ones who are licensed to handle this material, contaminated material. Commissioner Winton: Any further discussion -- Commissioner Allen: Thank you. Commissioner Winton: -- on this item? Commissioner Allen: Nope. Commissioner Winton: If not, all in favor, "aye." The Commission (Collectively): Aye. City of Miami Page 146 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Winton: Like sign, opposed. The motion carries. Priscilla A. Thompson (City Clerk): I'm -- Chairman Winton: I'm sorry? Ms. Thompson: I didn't get a mover and a seconder yet. Commissioner Winton: Yeah, we did Vice Chairman Gonzalez: I move it. Commissioner Allen second it. Commissioner Winton: He moved it; Commissioner Allen second it. Commissioner Allen: Second -- yes. Ms. Thompson: Thank you. Commissioner Winton: You're welcome. Do you have any other items? Vice Chairman Gonzalez: No, sir. Thank you very much. NA.6 05-01289 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE DECLARATION OF AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTIONS 36-4(A) AND 36-5 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE LEVEL AND HOURS OF NOISE RESULTING FROM SAVE DADE'S 10TH ANNUAL HALLOWEEN FUNDRAISER FROM OCTOBER 29, 2005, TO NOVEMBER 19, 2005, AT LEGION PARK, WITH THE LOCATION AND TIME PERMITTED BY THE OFFICE OF FILM ARTS, CULTURE AND ENTERTAINMENT. 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-05-0650 Commissioner Winton: And 1 have one quick one, Mr. Chairman. Save Dade had an event scheduled for October 29 -- obviously, that's blown away -- in Legion Park. We had, on July 28, passed a resolution providing a noise ordinance waiver for this event in Legion Park, and my motion is to re -extend that noise waiver provision to Save Dade for the date November 19, 2005. So moved. Vice Chairman Gonzalez: Second. Chairman Sanchez: All right. There's a motion and a second. The item is under discussion. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 147 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. NA.7 05-01238 RESOLUTION City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 05-0389, ADOPTED JUNE 23, 2005, WHICH SET FORTH NOVEMBER 1, 2005, FOR THE HOLDING OF THE GENERAL MUNICIPAL ELECTION AND NOVEMBER 15, 2005, FOR THE RUNOFF ELECTION, BY CHANGING THE DATES OF THE ELECTIONS BASED ON EXECUTIVE ORDER 05-219 AND MAKING PROVISIONS FOR HOLDING A GENERAL MUNICIPAL ELECTION NOVEMBER 15, 2005, FOR THE NOMINATION OF CANDIDATES FOR THE OFFICES OF MAYOR AND TWO COMMISSIONERS, AND FOR HOLDING A LATER RUNOFF ELECTION ON NOVEMBER 29, 2005, UNLESS ALL OF SAID OFFICES HAVE BEEN FILLED IN THE GENERAL MUNICIPAL ELECTION; PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN SAID GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; AND DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS RESOLUTION AND THE PROVISIONS HEREOF. 05-01238 Exhibit A.pdf Motion by Commissioner Winton, 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-05-0637 Chairman Sanchez: There are no other matters. Mr. City Attorney, there is a matter. Jorge L. Fernandez (City Attorney): Yes. One very quick matter, and this is pursuant to the Governor's order rescheduling the elections. You need to pass a resolution -- we have it ready for you; it's perfunctory. You know what the order says. It has been discussed with you. The general elections is the 15th; the runoff is 14 days after that. You have to pass a resolution -- Commissioner Winton: So move. Chairman Sanchez: So, basically, all we do -- Commissioner Allen: Second. Chairman Sanchez: -- is accept the recommendation. Mr. Fernandez: At -- City of Miami Page 148 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Allen: Right. Mr. Fernandez: -- the order of the Governor. Chairman Sanchez: All right. Mr. Fernandez: Exactly. Chairman Sanchez: There is a motion by Commissioner Winton, second by Commissioner Allen. It is a resolution. Any further discussion on that resolution? Hearing none, all in favor, say "aye. " Priscilla A. Thompson (City Clerk): Chair, just let -- to let you know, there was a question brought up, and we are using or contracting with the Supervisor of Election for Miami -Dade County to advise all City households of the new election date. There will be a mail out, so every voter register household will have a notification of the change of the election date. Mr. Fernandez.' Correct. Vice Chairman Gonzalez: All right. Chairman Sanchez: All right. Alrighty then. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Resolution passes. All right, and we stand at recess till 2:30. NA.8 05-01359 DISCUSSION ITEM A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, with Chairman Sanchez absent, to direct the Administration to meet with each member of the City Commission to explain current problems with Latin American Restaurants related to their default on taxes and to schedule this matter on the November 17, 2005 Commission meeting for further consideration. MOTION Vice Chairman Gonzalez: All right. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, I have a request that you authorize the office of the City Attorney to file legal process against Latin American Gourmet Restaurants. They have defaulted on a license agreement that they had with the City. They owe considerable sums of money not only to the City, but also in arrears in taxes. They refuse the tender the property, as has been requested of them. They have threatened this City with a lawsuit where they would seek to get redress from the City, and prior to them doing that, I would like authorization from this Commission to vindicate the City's right to get this property back and to dispose of it according to prior City Commission action having declared the property surplus and there being willing buyers for the property. Commissioner Allen: Do we have to put that in the way of a motion? Vice Chairman Gonzalez: Yes, Commissioner Regalado. City of Miami Page 149 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Winton: Is that a -- ? So moved. Commissioner Regalado: I have a question. Who is Latin America? Mr. Fernandez: Latin American Gourmet Restaurants is -- Commissioner Winton: Oh, that's on Flagler. Mr. Fernandez: -- I believe some of the principals of that entity are Ben Comos (phonetic) -- I need to get more particular names. Where's Lori Billberry? Commissioner Winton: Where is it, Flagler Street? Mr. Fernandez: It's downtown. The location of it is 46 West Flagler Street. Commissioner Regalado: Look I don't -- I met with the City Attorney on Tuesday. He didn't mention anything about this default. Like -- they defaulted yesterday? Mr. Fernandez: Oh, no, no. Laura Billberry: Lori Billberry, Public Facilities. No, they have been in default. They previously had tried to enter into a payment plan with the City regarding the fees that were due to the City. They have since defaulted on that issue also. They were also appealing their taxes in the past. However, they were no-shows during the Value Adjustment Board hearings, so therefore, they are -- they have exhausted their remedies with respect to the taxes, so we must proceed at this time. Vice Chairman Gonzalez.: Let me tell you, this is going to be my opinion once again, OK. This is a last-minute -- what I call a last-minute bomb. We -- have you met with any of the Commissioners about this issue -- Commissioner Regalado: 1 don't know anything about this. Vice Chairman Gonzalez: -- and about this restaurant? Commissioner Winton: So defer it to the next meeting. Vice Chairman Gonzalez.: Nobody has informed me of this. Commissioner Regalado: No, no. Vice Chairman Gonzalez: Nobody has -- Commissioner Regalado: Mr. Chairman. Vice Chairman Gonzalez: -- talked to me about this. Commissioner Winton: Defer it to the next meeting. Commissioner Regalado: 1 said -- this is what I said. I met with the City Attorney -- Commissioner Winton: Move to defer to the next meeting. Vice Chairman Gonzalez: Yeah. City of Miami Page 150 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Regalado: -- last Tuesday and nobody, not even the City Attorney tell me anything. Vice Chairman Gonzalez: We have a motion -- Commissioner Regalado: I don't even know what is Latin American. Vice Chairman Gonzalez: We have a motion to defer to the next meeting. Commissioner Allen: Second. Vice Chairman Gonzalez: Do I hear a second? Commissioner Allen: Second. Vice Chairman Gonzalez: And we hear a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: Motion carries, next Commission meeting. Please meet with every Commissioner. Sit down with each Commissioner; explain what your problem is. Let the Commissioner know what you're bringing to the floor so you can get an approval, OK? NA.9 05-01358 DISCUSSION ITEM A motion was made by Commissioner Regalado, seconded by Commissioner Allen, and was passed unanimously, with Chairman Sanchez absent, to direct the City Manager to contact the Florida Department of Transportation to expedite the pickup of debris along the median and the sidewalks along Coral Way from Southwest 22 through 37 Avenues. MOTION Vice Chairman Gonzalez: I understand that Commissioner Regalado has a pocket item. Go ahead, sir. Commissioner Regalado: I do have two pocket items. Vice Chairman Gonzalez: Two pocket items. Commissioner Regalado: Thank you very much, Mr. Chairman. One pocket item is to request the Administration to immediately get in touch with Florida Department of Transportation, FDOT. Since we have an agreement with FDOT for the City to maintain the median in Coral Way, we need to do two things: either pick up whatever debris is in the middle of Coral Way, and second, request that immediately the FDOT crews or the City, and then pass the bill to FDOT, cleans the sidewalk. Let me tell you why. There are three businesses that cannot operate because all the trees and debris is right on the sidewalk pushing the front window and the front door in Coral Way and 29th Avenue. People are going to be killed because they have to walk on the street in Coral Way, and it is very dangerous, especially on the rush hour. I spoke to Alicia about that and we have an agreement with -- but we have an emergency situation in Coral Way on the sidewalks that -- the amount of debris on the sidewalks in Coral Way from -- especially from 22nd to 37th, it's very, very dangerous to the City, so my motion is -- Alicia --1 mean, we've talked about this, but you know, he said she said, FDOT, City of Miami. Alicia Cuervo Schreiber: Commissioner, this morning -- Alicia Cuervo Schreiber, Chief of Operations -- we did speak to Florida Department of Transportation. The maintenance -- the City of Miami Page 151 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 joint participation agreement we have on Coral Way is strictly for the median. They have informed us that they will be picking up Coral Way, Brickell, Biscayne Boulevard, US-1, and that they do not want us to commingle that operation, so they were very clear to us. Then they sent us a fax of clarification that they would be doing the cleanup, so we're holding them accountable for that. Commissioner Regalado: But -- Ms. Cuervo Schreiber: We have done some emergency cleanup. Commissioner Regalado: -- the question is, 1 mean, who pays those business that cannot operate, or who's to blame if somebody gets killed walking on the street? 1 mean, we all know the traffic in Coral Way. Last night, a person had to jump onto the debris because someone -- and 1 saw it myself which really shook me up. There's got to be -- I mean, if they say that they're going to clean Brickell, all the state road, the question is, when are they going to start and where are they going to start? So -- Vice Chairman Gonzalez: All right, so you have a motion. Is there a second? Commissioner Allen: I'll second the motion. Vice Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: The motion carries. NA.10 05-01357 DISCUSSION ITEM A motion was made by Commissioner Regalado, seconded by Commissioner Allen, and was passed unanimously, with Chairman Sanchez absent, to direct the City Manager to instruct the City's lobbyists in Tallahassee to support State Representative Julio Robaina's proposal to mandate the burying of utility cables in the State of Florida. MOTION Vice Chairman Gonzalez: Next pocket item. Commissioner Regalado: The next pocket item is for the City Commission to support a motion to mandate our lobbying team in Tallahassee to support the State Representative Julio Robaina's proposal for a mandatory work on underground cables by electric companies in the state of Florida. This is a bill that will be introduced in the next session of the legislature, and it will, if approved, mandate that underground wiring will be underground -- I mean, that wiring will be underground in the state of Florida, and it would mandate that companies like FPL (Florida Power & Light) pay for it. Eventually, of course, we're going to pay for it, but you see what happened in the City of Miami, especially in the City of Miami is unacceptable. We pay good money to get service, and what is happening here is that governments are depending on what the utilities are telling us about the date of the completion, and governments need to put pressure on the utilities companies because, after all, there is no normal situation until everybody gets their electricity back in the City of Miami and throughout the County, but I'm talking about the City of Miami, and there is a huge area, at least of my district, without power at this moment. Vice Chairman Gonzalez: 1 don't have power. Commissioner Regalado: I am glad -- City of Miami Page t52 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Allen: Nor do I. Commissioner Regalado: -- that yesterday the Mayor said the same words that 1 have been saying on the radio and TV (television) since day one. These dates of November 11, November 12, or November 13 that Florida Power & Light is saying is unacceptable. We cannot allow that, and we need to move through the legislature and to the Florida Public Service Commission because the latest thing that I found out is that there is no utility poles available. There is a waiting list, and this is why they're calling the delay, so my motion is to direct the lobbying team of the City of Miami to support now in committee the bill of State Representative Julio Robaina mandating that the utilities company bury their aerial wiring in the state of Florida. Vice Chairman Gonzalez: All right. We have -- Commissioner Allen: I second. Vice Chairman Gonzalez: -- a motion. Do we have a second? Commissioner Allen: Second. Vice Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: Does anybody have any other pocket items? All right. That concludes the City Commission meeting. We're going to take a ten-minute recess, and then we're going to come back to start with the CRA (Community Redevelopment Agency) agenda. Priscilla A. Thompson (City Clerk): If I can be clear, Chair -- Vice Chairman Gonzalez: 1 need a motion to adjourn. Ms. Thompson: Oh, thank you. Commissioner Allen: Motion to adjourn, Mr. Chairman. Vice Chairman Gonzalez.: Motion -- Commissioner Regalado: Second Vice Chairman Gonzalez: -- and a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: Meeting adjourned A motion was made by Commissioner Allen, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Sanchez absent, to adjourn today's meeting. City of Miami Page 153 Printed on 11/23/2005