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
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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 --
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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
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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.
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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
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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.
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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
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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
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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.
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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?
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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
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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.
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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?
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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
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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.
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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
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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,"
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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,
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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
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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.
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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
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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
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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?
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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 --
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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 --
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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.
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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 --
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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 --
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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
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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.
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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.
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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
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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 --
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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
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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.
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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
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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
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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
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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
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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."
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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 --
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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.
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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?
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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,
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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.
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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.
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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.
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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 --
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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
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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.
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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,
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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
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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
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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.
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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.
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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.
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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
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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.
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Commissioner Allen: Great.
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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
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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
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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.
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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
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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 --
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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
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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
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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
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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.
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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?
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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?
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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 --
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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?
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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
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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 --
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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
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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].
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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.
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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.
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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.
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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.
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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
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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,
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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.
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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 --
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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,
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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
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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 --
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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.
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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.
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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.
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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 --
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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.
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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.
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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
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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 --
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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.
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