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HomeMy WebLinkAboutCC 2005-12-15 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Meeting Minutes Thursday, December 15, 2005 9:00 AM REGULAR (first meeting with Gonzalez as Chairman and Winton as Vice Chairman) City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Johnny L. Winton, Vice Chairman Joe Sanchez, Commissioner District Three Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes December 15, 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 SS - SPECIALLY SCHEDULED ITEMS PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS The minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later..J" refers to discussions that were interrupted and later continued. City of Miami Page 1 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gonzalez, Vice Chairman Winton, Commissioner Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the 15th day of December 2005, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Joe Sanchez at 9:41 a.m., recessed at 12:00 p.m., reconvened at 2:43 p.m., recessed at 2:45 to convene a meeting of the Community Redevelopment Agency, reconvened at 3:03 p. m., and adjourned at 4:33 p. m. ALSO PRESENT: Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk Chairman Sanchez: All right. Good morning, ladies and gentlemen. The City of Miami Commission meeting is being called to order here at our historical City Hall. We'll go ahead and start with the invocation and the pledge of allegiance, and then the first order of the day will be the passing of the gavel to the new chairman, Chairman Angel Gonzalez, and of course, vice chairman will be Johnny Winton, and if you could please rise and bow your heads, and this is a prayer that Dwight D. Eisenhower gave in his farewell address in 1961, and it's one that has touched my heart; I hope it touches yours. Prayer and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 05-01464 CEREMONIAL ITEM Name of Honoree Presenter Sylvia Scheider Eduardo E. Diaz Al Arias Mayor Diaz Commissioner Regalado Commissioner Regalado Protocol Item Salute Certificate of Appreciation Certificate of Appreciation 05-01464 Cover Page.pdf 05-01464 Protocol Program for Commission Mtg.pdf 1. A tribute was made to Joe Sanchez by Mayor Diaz for his innovative leadership as Chairman of the Miami City Commission. Note for the Record: Please see minutes referencing passing of gavel under Item NA.2. 2. A salute was presented by Mayor Diaz to the Community Partnership for the Homeless for its unflagging dedication to the City of Miami and its resolute use of the strength of community alliances and resources to reduce homelessness in South Florida; further stating that the City of Miami had a very successful initiative called Miami Cares, a program that was modeled after a similar program in San Francisco. 3. A salute was presented to Sylvia Scheider for her exceptional service and dedication as Assistant City Clerk in the City of Miami; further stating that her administrative savvy allowed her to serve as a catalyst for the successful evolution and growth of the Office of the City Clerk; further stating appreciation for her warmth and friendly attitude in support of a dedicated team Ciry of Miami Page 3 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 MAYORAL VETOES working together for the implementation of innovative strategies to provide an information center that connects our citizens, local governing body, and other agencies. 4. Mayor Diaz presented a Certificate of Commendation to Coach Jesse Holt, Jr. for his outstanding programs in Track and Field; further stating appreciation for his commitment and dedication to a nurturing and friendly sports environment for training and developing the talents of award -winning athletes; further stating appreciation for his outstanding service, expertise, and faith in the youth, and values his initiative in Track and Field competitions in the City of Miami. 5. Commissioner Regalado presented Certificates of Appreciation to Eduardo E. Diaz and Al Arias, who went above and beyond the call of duty in their selfless volunteer work during the aftermath of Hurrican Wilma; further stating that Al Arias was in the field for more than 20 hours a day serving the people, as well as helping in the restoration of electricity to five residences in Silver Bluff, whose occupants were on respirators; further recognizing Eduardo Diaz, who, after serving his shift of 16 hours as a police officer, came to Silver Bluff and distributed ice and food to its residents. (Certificate of Appreciation for Al Arias was accepted by Florida Power & Light representative Eloy Villasuso). Chairman Gonzalez: All right. The order of the day is proclamations. Presentations and proclamations presented. NO MAYORAL VETOES Chairman Gonzalez: OK. We don't have any mayoral vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sanchez, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: The next item on the agenda is the approval of the Planning/Zoning meeting of May 1, 2003. Commissioner Sanchez: So move. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Motion by Commissioner Sanchez, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones City of Miami Page 4 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Chairman Gonzalez: The other minutes are the Regular and Planning Zoning meetings of November 3, 2005. Commissioner Sanchez: So moved. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Motion by Commissioner Sanchez, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: And the Regular and Planning and Zoning meeting on November 17, 2005. Commissioner Sanchez: So move. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. ORDER OF DAY CONSENT AGENDA CA.1 05-00714 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE DIRECTOR OF FINANCE TO PAY FLORIDA PARAPLEGIC ASSOCIATION, INC., DENNY WOOD AND DAMIAN GREGORY ATTORNEYS FEES AND COSTS OF $92,000, AND DIRECTING THE CITY MANAGER TO MAKE REPAIRS AND MODIFICATIONS TO THE PARKS, BUILDINGS, STREETS AND SIDEWALKS WITHIN THE MAINTENANCE JURISDICTION OF THE CITY OF MIAMI TO COMPLY WITH THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE OF FLORIDA PARAPLEGIC ASSOCIATION, INC., ET AL VS. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION, CASE NO. 03-21039-CIV-GOLD, UPON DISMISSING THAT CLAIM SUBJECT TO A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING FUNDS FOR THE PAYMENT OF $92,000 OF ATTORNEYS FEES AND COSTS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.661. City of Miami Page 5 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 05-00714 Legislation.pdf 05-00714 Exhibit 1.pdf 05-00714 Exhibit 2.pdf 05-00714 Exhibit 3.pdf 05-00714 Exhibit 4.pdf 05-00714 Memo.pdf 05-00714 Memo 2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0709 CA.2 05-01401 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 M5091 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 $66,619, CONSISTING OF A GRANT, IN THE AMOUNT OF $50,189, 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 $16,730; ALLOCATING FUNDS FROM THE CITY'S SPECIAL REVENUE FUNDS, PROJECT NO. 105000.280502, FRANCHISE TAX RESCUE SERVICES, FOR THE PERIOD BEGINNING MAY 23, 2005 THROUGH JUNE 30, 2006; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS ACCEPTABLE TO THE RISK MANAGEMENT ADMINISTRATOR AND THE CITY ATTORNEY TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. City of Miami Page 6 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 05-01401 05-01401 05-01401 05-01401 05-01401 05-01401 05-01401 05-01401 05-01401 05-01401 05-01401 05-01401 05-01401 05-01401 05-01401 05-01401 05-01401 05-01401 05-01401 05-01401 05-01401 Legislation.pdf Summary Form.pdf Revenue & Expenditures by Project.pdf Letter.pdf Letter 2.pdf Budget. pdf Checklist for Nonstate Organizations.pdf EMS Grant Program Change Request.pdf EMS Program Expenditure Report.pdf Evaluation.pdf ALS Teaching Manikin.pdf Letter 3.pdf EMS Matching Grant Application.pdf Justification Summary.pdf Outcome for Training Projects.pdf Statutory Considerations and Criteria.pdf Work Activities & Time Frames.pdf Budget 2.pdf Certification.pdf Request for Grant Fund Distribution.pdf Florida Statutes 2005.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0710 CA.3 05-01405 RESOLUTION Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A RIGHT-OF-WAY DEED, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE EXTENSION OF NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, FROM BISCAYNE BAY OF MIAMI, LLC; APPROVING AND AUTHORIZING THE RECORDATION OF SAID RIGHT-OF-WAY DEED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING THE CITY MANAGER TO DIRECT THE CITY ADMINISTRATION TO AMEND THE CITY OF MIAMI MUNICIPAL ATLAS TO DESIGNATE THE PROPERTY IDENTIFIED IN SAID RIGHT-OF-WAY DEED, AS AN OFFICIAL PUBLIC ROADWAY; FURTHER AUTHORIZING THE CITY MANAGER TO DIRECT THE CITY ADMINISTRATION TO NOTIFY THE MIAMI-DADE COUNTY PROPERTY APPRAISER OF THE CHANGE IN STATUS AND OWNERSHIP OF THE PROPERTY IDENTIFIED IN SAID RIGHT-OF-WAY DEED. 05-01405 Legislation.pdf 05-01405 Exhibit 1.pdf 05-01405 Summary Form.pdf 05-01405 Map.pdf 05-01405 Letter.pdf 05-01405 Letter 2.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 7 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0725 Chairman Gonzalez: All right. CA.3. Commissioner Sanchez: CA.3, for the point of clarification, I just would like to know how does it benefit the public. Chairman Gonzalez: Yes, ma'am, you're recognized. Jorge L. Fernandez (City Attorney): While Ms. Grindell is coming up, this is the City accepting a dedication of a right-of-way -- Vice Chairman Winton: Right. Mr. Fernandez: -- and the benefit of that to the City, other than what Ms. Grindell may put on the record, is certainly that it gives for all public access and any other transportation -related issues, it would give us the additional right-of-way that would be needed, but particularly, Ms. Grindell would give you further technical details, if you need. The City is accepting. Vice Chairman Winton: Yeah, we're accepting the right-of-way; we're not giving somebody something. Mr. Fernandez: Right. Commissioner Sanchez: All right. I just -- I would like for her just to maybe put her name on the record and maybe state something on the record. Stephanie Grindell: Stephanie Grindell, director of Public Works. As far as public benefit, I'm going to let the requester answer that. Vice Chairman Winton: Well, the Attorney -- Chairman Gonzalez: Yes, ma'am. Lucia Dougherty: Good morning, Mr. Chair. Vice Chairman Winton: -- the City Attorney put on the record the public benefit just now, but what he wants from you is an explanation of what's going on. Mary Conway: Mary Conway, Transportation. What this item is doing is allowing North Bayshore Drive, between 27th and 28th Streets, to be connected so that that'll be an alternate north/south route as opposed to Biscayne Boulevard It's supported by the neighborhood, as well as by Public Works and Transportation. Commissioner Sanchez: Thank you so much. Chairman Gonzalez: That's a good explanation. Commissioner Sanchez: So move. Vice Chairman Winton: Second. Chairman Gonzalez: All right. We have a motion and we have a second on CA.3. All in favor, City of Miami Page 8 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. CA.4 05-01407 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF MIAMI AND ENVIRONMENTAL PERFORMANCE SYSTEMS, INC., IN SUBSTANTIALLY THE ATTACHED FORM, TO INCLUDE ADDITIONAL WORK REQUIRED FOR THE PROJECT ENTITLED "INLET RETROFIT FOR WAGNER CREEK BASIN PROJECT, B-30221, INCREASING THE CONTRACT SUM IN AN AMOUNT NOT TO EXCEED $50,000, INCREASING THE CONTRACT AMOUNT FROM $196,480 TO $ 246,480; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $50,000, FOR SAID INCREASE FROM PUBLIC WORKS GENERAL OPERATING BUDGET ACCOUNT CODE NO. 001000.311003.6.340. 05-01407 Legislation.pdf 05-01407 Exhibit 1.pdf 05-01407 Exhibit 2.pdf 05-01407 Summary Form.pdf 05-01407 Previous Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0711 CA.5 05-01408 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 M5090 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 $209,765, CONSISTING OF A GRANT, IN THE AMOUNT OF $157,324, 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 $52,441; ALLOCATING FUNDS FROM THE CITY'S SPECIAL REVENUE FUNDS, PROJECT NO. 105000.280502, FRANCHISE TAX RESCUE SERVICES, FOR THE PERIOD BEGINNING MAY 23, 2005 THROUGH JUNE 30, 2006; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS ACCEPTABLE TO THE RISK MANAGEMENT ADMINISTRATOR AND THE CITY ATTORNEY TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. City of Miami Page 9 Primed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 05-01408 Legislation.pdf 05-01408 Summary Form.pdf 05-01408 Revenue & Expenditure by Project.pdf 05-01408 Letter.pdf 05-01408 Letter 2.pdf 05-01408 Budget.pdf 05-01408 Checklist for Nonstate Organizations.pdf 05-01408 EMS Grant Program Change Request.pdf 05-01408 EMS Grant Program Expenditure Report.pdf 05-01408 Suggested Outcome Measures.pdf 05-01408 EMS Ventilator.pdf 05-01408 Letter 3.pdf 05-01408 EMS Matching Grant Application.pdf 05-01408 Justification Summary.pdf 05-01408 Outcome for Projects.pdf 05-01408 Statutory Considerations.pdf 05-01408 Work Activity.pdf 05-01408 Budget 2.pdf 05-01408 Certification.pdf 05-01408 Request for Grant Fund Distribution.pdf 05-01408 Florida Statutes 2005.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0712 CA.6 05-01409 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT AND EXTENSION TO THE SOUTH FLORIDA URBAN SEARCH AND RESCUE TASK FORCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH EACH PARTICIPATING AGENCY, AS STATED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF EXTENDING THE PERFORMANCE PERIOD BEYOND DECEMBER 31, 2005, UNTIL A NEW MEMORANDUM OF AGREEMENT IS DEVELOPED AND SIGNED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE OF FLORIDA AND THE CITY OF MIAMI OR UNTIL TERMINATED BY ANY PARTY UPON 30 DAYS WRITTEN NOTICE. City of Miami Page 10 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 05-01409 Legislation.pdf 05-01409 Exhibit 1.pdf 05-01409 Exhibit 2.pdf 05-01409 Exhibit 3.pdf 05-01409 Exhibit 4.pdf 05-01409 Exhibit 5.pdf 05-01409 Exhibit 6.pdf 05-01409 Exhibit 7.pdf 05-01409 Exhibit 8.pdf 05-01409 Exhibit 9.pdf 05-01409 Exhibit 10.pdf 05-01409 Exhibit 11.pdf 05-01409 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0713 CA.7 05-01410 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Police OF FLORIDA BULLET, INC., PURSUANT TO BID NO. 04-05-105, DATED AUGUST 1, 2005, FOR THE PURCHASE OF AMMUNITION SUPPLY FOR TRAINING DEPARTMENT PERSONNEL, FOR THE DEPARTMENT OF POLICE, IN THE ANNUAL AMOUNT OF $37,542.50, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $150,170; ALLOCATING FUNDS FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6. 703. 05-01410 Legislation.pdf 05-01410 Summary Form.pdf 05-01410 Award Recommendation Form.pdf 05-01410 Tabulation of Bids.pdf 05-01410 Bid Security List.pdf 05-01410-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0714 CA.8 05-01411 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Police OF MOTOROLA, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, PURSUANT TO INVITATION FOR BIDS NO. 04-05-095, RECEIVED ON AUGUST 1, 2005, FOR THE PURCHASE AND INSTALLATION OF SEVENTY-ONE (71) MOBILE DIGITAL COMPUTERS AND OTHER RELATED EQUIPMENT FOR POLICE PATROL VEHICLES, FOR THE DEPARTMENT OF POLICE, IN A TOTAL AMOUNT NOT TO EXCEED $631,179.23; City of Miami Page 11 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 ALLOCATING FUNDS FROM THE COPS MORE 98 GRANT, ACCOUNT CODE NO. 142025.290512.6.840 05-01411 Legislation.pdf 05-01411 Summary Form.pdf 05-01411 Award Recommendation Form.pdf 05-01411 Tabulation of Bids.pdf 05-01411 Bid Security List.pdf 05-01411 Previous Legislation.pdf 05-01411 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones CA.9 05-01412 Department of Parks and Recreation R-05-0715 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF COMMERCIAL ENERGY SPECIALISTS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, PURSUANT TO INVITATION FOR BIDS NO. 04-05-122, RECEIVED OCTOBER 5, 2005, FOR THE PROVISION OF BULK LIQUID CHLORINE AND STORAGE TANK RENTAL FOR SWIMMING POOLS IN THE PARKS OF THE CITY OF MIAMI, FOR THE DEPARTMENT OF PARKS AND RECREATION, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $38,080, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $152,320; ALLOCATING FUNDS FROM THE DEPARTMENT OF PARKS AND RECREATION GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.580301.6. 704. 05-01412 Legislation.pdf 05-01412 Summary Form.pdf 05-01412 Award Recommendation Form.pdf 05-01412 Tabulation of Bids.pdf 05-01412 Bid Security List.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones CA.10 05-01413 Department of Capital Improvement Programs/Transpor tation R-05-0716 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TERMINATE THE CONTRACT WITH AUGUST CONSTRUCTION COMPANY, INC., FOR DEFAULT ON THE RIVERVIEW STORMWATER PUMP STATION UPGRADES PROJECT, B-50650 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO OBTAIN PRICING FOR COMPLETION OF THE WORK, TO HOLD SAID CONTRACTOR LIABLE FOR THE COSTS INCURRED IN HAVING THE PROJECT COMPLETED, AND TO PROCEED WITH ACTION AGAINST SAID CONTRACTOR'S, PERFORMANCE AND PAYMENT BOND. City of Miami Page 12 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 05-01413 Legislation.pdf 05-01413 Summary Form.pdf 05-01413 Previous Legislation.pdf 05-01413 Master Report.pdf 05-01413 Contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones CA.11 05-01414 Department of Capital Improvement Programs/Transpor tation R-05-0717 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TERMINATE THE CONTRACT WITH AUGUST CONSTRUCTION COMPANY, INC., FOR DEFAULT ON THE RIVERVIEW STORMWATER PUMP STATION MODIFICATIONS PROJECT, B-5625, AND TO HOLD SAID CONTRACTOR LIABLE FOR THE COSTS INCURRED TO OBTAIN ALL OUTSTANDING WARRANTIES AND MANUALS. 05-01414 Legislation.pdf 05-01414 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones CA.12 05-01415 Department of Capital Improvement Programs/Transpor tation CA.13 05-01416 R-05-0718 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TERMINATE THE CONTRACT WITH ONE CROW, INC. FOR DEFAULT ON THE OVERTOWN STORMWATER PUMP STATION UPGRADES PROJECT, B-50654 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO OBTAIN PRICING FOR COMPLETION OF THE WORK, TO HOLD SAID CONTRACTOR LIABLE FOR THE COSTS INCURRED IN HAVING THE PROJECT COMPLETED, AND TO PROCEED WITH ACTION AGAINST THE CONTRACTOR'S, PERFORMANCE AND PAYMENT BOND. 05-01415 Legislation.pdf 05-01415 Summary Form.pdf 05-01415 Text File Report.pdf 05-01415 Previous Legislation.pdf 05-01415 Amendment to Contract.pdf 05-01415 Previous Legislation 2.pdf 05-01415 Master Report.pdf 05-01415 Contract.pdf DEFERRED RESOLUTION City of Miami Page 13 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Department of Capital Improvement Programs/Transpor tation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCALLY -FUNDED JOINT PARTICIPATION AGREEMENT, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), AND A MEMORANDUM OF AGREEMENT WITH FDOT AND THE FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF TREASURY ("TREASURY"), IN SUBSTANTIALLY THE ATTACHED FORM(S), FOR FDOT TO CONSTRUCT STREETSCAPE IMPROVEMENTS ALONG NORTHEAST 2ND AVENUE FROM NORTHEAST 13TH TO NORTHEAST 14TH STREETS, MIAMI, FLORIDA, AS PART OF CAPITAL IMPROVEMENT PROJECT NO. B-30361 "PAC SUPER BLOCK STREETSCAPE PROJECT," AND TO AUTHORIZE PAYMENT TO THE TREASURY ON BEHALF OF FDOT IN AN AMOUNT NOT TO EXCEED $264,525; ALLOCATING FUNDS FROM THE COMMUNITY REDEVELOPMENT AGENCY OMNI TAX INCREMENT FUND, ENTITLED "CONSTRUCTION IN PROGRESS," ACCOUNT CODE NO. 686001.590320.6.860, B-30361, FOR SAID PURPOSE. 05-01416 Legislation.pdf 05-01416 Exhibit 1.pdf 05-01416 Exhibit 2.pdf 05-01416 Exhibit 3.pdf 05-01416 Exhibit 4.pdf 05-01416 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones CA.14 05-01418 Department of Finance R-05-0719 RESOLUTION A RESOLUTION OF MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY MANAGER AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT AND A JOINDER, IN SUBSTANTIALLY THE ATTACHED FORM(S), FOR THE CITY OF MIAMI ("CITY"), TO BECOME A MEMBER OF THE FLORIDA INTERGOVERNMENTAL FINANCE COMMISSION ("FIFC"); AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CITY'S REPRESENTATIVE TO FIFC; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE ANY BORROWINGS THROUGH FIFC ON BEHALF OF THE CITY, TO BE PRESENTED TO THE CITY COMMISSION FOR FINAL CONSIDERATION. 05-01418 Legislation.pdf 05-01418 Exhibit 1.pdf 05-01418 Exhibit 2.pdf 05-01418 Summary Form.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0726 City of Miami Page 14 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Chairman Gonzalez: CA.14, Commissioner Winton. Vice Chairman Winton: I just want to understand what FIFC (Florida Intergovernmental Finance Commission) is, what it does, how it helps the City? This is from the Department of Finance. Chairman Gonzalez: OK. Someone from staff. Commissioner Sanchez: Johnny, this is 14? Vice Chairman Winton: Yes. Commissioner Sanchez: All right, because I have some questions. Jorge L. Fernandez (City Attorney): Yeah. While someone -- Vice Chairman Winton: Yeah. Mr. Fernandez: -- from staff is coming up, very briefly this is authorizing the City to become a member of another pool. We are not authorizing any particular transaction, just simply the ability to be able to become a member of another pool because we already belong one, enhancing thereby our ability to be very competitive when we need to do some short-term borrowing in financial transactions like that. Vice Chairman Winton: And so, tell us what FIFC is. Mr. Fernandez: Yeah. It's a pool made up of other local governments. Well -- there you are. I thought they weren't around, but you know, they're here, so they should tell you. Vice Chairman Winton: Yeah. Mr. Fernandez:: We have reviewed this and it's -- Vice Chairman Winton: Great. Pete Chircut (Treasurer, Department of Finance): Hello. Chairman Gonzalez: Yes, sir. Mr. Chircut: Good morning. Chairman Gonzalez: Good morning. Mr. Chircut: Pete Chircut from the Finance Department, and your question? I'm sorry, I -- Vice Chairman Winton: What is FIFC? Mr. Chircut: FIFC is -- Vice Chairman Winton: What is it -- Mr. Chircut: -- Florida -- Vice Chairman Winton: -- and what does it do? City of Miami Page 15 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Mr. Chircut: They -- they are pooled -- they pool investments. Joe Arriola (City Manager): Pete, he wants to know what FIFC stands for. Mr. Chircut: It's in the -- I can't remember, but it's Florida International something. I can't remember. Commissioner Regalado: OK. It's cool. Mr. Chircut: Sorry about that. Mr. Fernandez: The Florida Intergovernmental Finance Commission. Mr. Chircut: That's right. Mr. Fernandez: That's what FIFC stands for. Vice Chairman Winton: Is there anyone who can really tell us what it does and why we're joining it? Scott Simpson: Scott Simpson, Finance Department. What it is is a group of people, mostly primarily governmental agencies that manage external money pools. Basically, it's an avenue to go to the equity market when you're not a frequent borrower of money. It's easy access, so that - - it's money that you might not be able to get through the normal equity market. The City currently participates in the Florida Sunshine pool, so it's a mirror program of that. Vice Chairman Winton: Well, then, which leads to another set of questions. How are the decisions made to interact with the pool? Is this from a borrowing standpoint? Mr. Simpson: What would happen is if you had a project or something that needed some kind of liquidity needs, you basically would go through the normal process as you would get any kind of debt, you know, so your local Commission would authorize the projects, authorize the ability to go out and get the debt, then you would go to this committee, and then there would be an application process. Vice Chairman Winton: Do we approve those -- each transaction? Mr. Simpson: You would approve them, correct -- Vice Chairman Winton: OK. Mr. Simpson: -- before we would go. Vice Chairman Winton: OK. Thank you. Commissioner Sanchez: I have questions. Any procedures to seek funding, would it -- it would come back to this Commission for approval? Mr. Simpson: We would -- before -- we would -- before we would go to them and ask for the loan, you would have to approve it. Commissioner Sanchez: All right. Now, can you just elaborate a little bit maybe on the benefits and safeguards of this pool or the process in itself? Mr. Simpson: Well, the advantages are, again, if you're not afrequent borrower, it's an access City of Miami Page 16 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 to get money at a competitive rate. The equity market is in New York. Potentially, you know, the more you go, the better rate you get, the better your name. Commissioner Sanchez: All right. Thank you so much. Mr. Simpson: Thank you. Commissioner Sanchez: All right. Chairman Gonzalez: Any further questions from any of the other Commissioners? Commissioner Sanchez: Johnny -- Chairman Gonzalez: All right. Do I -- Commissioner Sanchez: -- you're going to move it? Chairman Gonzalez: -- hear a motion? Commissioner Sanchez: I'll second it. Vice Chairman Winton: Oh, I'm sorry. So moved. Commissioner Sanchez: Second. Chairman Gonzalez: OK, we have a motion and we have a second on CA.14. All in favor, say ,,aye. 1I The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. Motion carries. Mr. Simpson: Thank you. Chairman Gonzalez: Thank you. Commissioner Sanchez: So, 20's for this afternoon, right? Chairman Gonzalez.: 20 is for -- Vice Chairman Winton: Yes. Chairman Gonzalez: -- this afternoon. CA.15 05-01419 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Employee Relations ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 04-05-085, THAT THE MOST QUALIFIED FIRMS TO PROVIDE AND ADMINISTER THE PROMOTIONAL EXAMINATION PROCESSES FOR THE CLASSIFICATIONS OF POLICE SERGEANT AND POLICE LIEUTENANT, FOR THE DEPARTMENT OF EMPLOYEE RELATIONS, ARE, IN RANK ORDER: (1) EB JACOBS, LLC, AND (2) 10 SOLUTIONS, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES City of Miami Page 17 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH EB JACOBS, LLC., THE TOP -RANKED FIRM, FOR AN INITIAL TERM OF TWO YEARS, AT A FIRST TWO-YEAR PERIOD COST NOT TO EXCEED $346,319, WITH AN OPTION TO RENEW FOR TWO ADDITIONAL TWO-YEAR PERIODS, AT A COST NOT TO EXCEED $363,634.95, FOR THE FIRST TWO-YEAR PERIOD EXTENSION AND AT A COST NOT TO EXCEED $381,816.69, FOR THE SECOND TWO-YEAR PERIOD EXTENSION; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGET OF THE DEPARTMENT OF POLICE, ACCOUNT CODE NO. 001000.290601.6.270, FOR THE CURRENT FISCAL YEAR, WITH FUTURE FUNDING SUBJECT ONLY 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; DIRECTING THAT THE NEGOTIATED AGREEMENT BE PRESENTED TO THE CITY COMMISSION FOR CONSIDERATION. 05-01419 Legislation.pdf 05-01419 Exhibit 1.pdf 05-01419 Exhibit 2.pdf 05-01419 Exhibit 3.pdf 05-01419 Exhibit 4.pdf 05-01419 Summary Form.pdf 05-01419 Table of Vendor Total Points.pdf 05-01419 Memo.pdf 05-01419 Letter.pdf 05-01419 Letter 2.pdf 05-01419 Letter 3.pdf 05-01419 Letter 4.pdf 05-01419 Account Inquiries.pdf 05-01419 RFP.pdf 05-01419 Certificate of Authority.pdf 05-01419 Certificate of Authority 2.pdf 05-01419 Certificate of Authority 3.pdf 05-01419 Indemnification & Insurance.pdf 05-01419 Services for Police Exam.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0720 CA.16 05-01438 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police ALLOCATION OF FUNDS TO THE LAW ENFORCEMENT TRAINING TRUST FUND, IN AN AMOUNT NOT TO EXCEED $90,000; ALLOCATING SAID FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002 AND 690003, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF THE TREASURY AND JUSTICE'S, "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTE, CHAPTER 932.7055, AS AMENDED. City of Miami Page 18 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 05-01438 Legislation.pdf 05-01438 Summary Form.pdf 05-01438 Affidavit.pdf 05-01438 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0721 CA.17 05-01439 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Police INCREASE IN THE CONTRACT AWARDED TO RD WINDOW AND CARPET CLEANING, INC., PURSUANT TO RESOLUTION NO. 02-1155, ADOPTED OCTOBER 29, 2002, FURTHER AMENDED BY RESOLUTION NO. 03-517, ADOPTED MAY 22, 2003, FOR THE PROVISION OF CUSTODIAL SERVICES FOR THE DEPARTMENT OF POLICE, IN AN ANNUAL AMOUNT NOT TO EXCEED $15,143.30, INCREASING THE TOTAL ANNUAL CONTRACT AMOUNT FROM $317,462 TO $332,605.30, FOR THE LAST ONE-YEAR TERM OF THE CONTRACT; ALLOCATING FUNDS FOR SAID INCREASE, FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.340; AMENDING RESOLUTION NO. 03-517, TO REFLECT SAID INCREASE. 05-01439 Legislation.pdf 05-01439 Summary Form.pdf 05-01439 Letter.pdf 05-01439 E-mail.pdf 05-01439 Previous Legislation.pdf 05-01439 Previous Legislation 2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0722 CA.18 05-01277 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police FUNDING OF THE POLICE ATHLETIC LEAGUE PROGRAM, TO ASSIST WITH EXPENSES RELATED TO THE OPERATION OF THE PROGRAM, IN AN AMOUNT NOT TO EXCEED $100,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATUTES, CHAPTER 932.7055, AS AMENDED. 05-01277 Legislation.pdf 05-01277 Summary Form.pdf 05-01277 Affidavit.pdf 05-01277 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. City of Miami Page 19 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones CA.19 05-01443 Department of Capital Improvement Programs/Transpor tation R-05-0723 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 04-05-112, THAT THE FIRMS MOST QUALIFIED TO PROVIDE DESIGN SERVICES, FOR THE COLLEGE OF POLICING, PROJECT NO. B-72910, ARE, IN RANK ORDER: (1) SPILLIS CANDELA DMJM, AND (2) ZYSCOVICH, INC; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH SPILLIS CANDELA DMJM, THE TOP -RANKED FIRM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP -RANKED FIRM; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION AND APPROVAL. 05-01443 Legislation.pdf 05-01443 Summary Form.pdf 05-01443 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0724 Adopted the Consent Agenda Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, 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 Spence -Jones CA.20 05-01465 Department of Public Works RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF TWO (2) FP-5 FLAMELESS POTHOLE PATCHERS (ASPHALT PATCH EQUIPMENT),WITH OPTIONS, FROM BERGKAMP INC., FOR THE DEPARTMENT OF PUBLIC WORKS, OPERATIONS DIVISION, UTILIZING AN EXISTING CONTRACT NO., ITB-DOT-02/03-9045-LG, P0387, EFFECTIVE FEBRUARY 28, 2005 THROUGH FEBRUARY 27, 2007, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, AND THE PROCUREMENT OF TWO (2) FREIGHTLINER M2 CABS AND CHASSIS (ASPHALT PATCH TRUCKS) WITH OPTIONS, FROM FREIGHTLINER OF TAMPA, LLC, UTILIZING AN EXISTING BID NO. 05-13-0822, EFFECTIVE OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS, FROM THE FLORIDA SHERIFF'S City of Miami Page 20 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES, AND FLORIDA FIRE CHIEFS ASSOCIATION, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $207,230; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNT NO. 352296, B-30156. 05-01465 Legislation.pdf 05-01465 Summary Form.pdf 05-01465 Offer.pdf 05-01465 Bid Award Announcement.pdf 05-01465 FDOT Contract.pdf 05-01465 FDOT Invitation to Bid.pdf 05-01465 FL Sheriffs Assoc. Memo.pdf 05-01465 FL Sheriffs Assoc. Bid Award.pdf 05-01465 Specification FP-5.pdf 05-01465 Freightliner Specifications.pdf 05-01465 Specification Proposal.pdf 05-01465 Bid Award Announcement 2.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones CONSENT MINUTES R-05-0742 Vice Chairman Winton: Mr. Chairman, we did have CA (consent agenda) what, that I had deferred to -- Chairman Gonzalez: Yes, sir. Vice Chairman Winton: -- this afternoon. Chairman Gonzalez: CA.20. Vice Chairman Winton: CA.20. I would like to bring back CA.20 and move CA.20. Chairman Gonzalez: All right. CA.20. Vice Chairman Winton: We have a motion on CA.20, CA item. Commissioner Sanchez: Second. Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Gonzalez.: All those opposed have the same right. Motion carries. All right. That concludes the agenda. Chairman Gonzalez: Now, we go into the consent agenda. Mr. Manager, do you have any items that you wish to pull or to defer? Joe Arriola (City Manager): Yes, sir. CA.12. City of Miami Page 21 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Chairman Gonzalez: OK. Commissioner Sanchez: CA.12 is being pulled. Chairman Gonzalez: It's being pulled? Mr. Arriola: Yes, sir. Commissioner Sanchez: For discussion or -- ? Mr. Arriola: No, sir. No, it's -- we're going to defer. Chairman Gonzalez: He's going to defer it. Commissioner Sanchez: Defer. Chairman Gonzalez: OK. Any other items? Mr. Arriola: No, sir. Chairman Gonzalez: OK. Is Commissioners -- Commissioner Spence -Jones, any items you want to pull from the consent agenda? Commissioner Spence -Jones: No, no, sir. Chairman Gonzalez: Commissioner Sanchez. Commissioner Sanchez: No. I just have a question on 3, but -- Chairman Gonzalez: You want to pull it for discussion? Commissioner Sanchez: Yeah, we'll pull it for discussion. Chairman Gonzalez: OK. Commissioner Winton. Vice Chairman Winton: I'd like to, for discussion, CA.14, and for afternoon, CA.20. Commissioner Sanchez: CA.20 for the afternoon? Vice Chairman Winton: Yes. Chairman Gonzalez: The afternoon. Vice Chairman Winton: I want to understand the funding source, how it works in CIP (Capital Improvements Program). Chairman Gonzalez: OK. Commissioner Regalado. Commissioner Regalado: Nothing. Chairman Gonzalez: None. All right. I need a motion to approve the -- Vice Chairman Winton: So move. City of Miami Page 22 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Chairman Gonzalez: -- the balance of the consent agenda. Commissioner Sanchez: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Hearing none, motion carries. City of Miami Page 23 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 PERSONAL APPEARANCE PA.1 05-01363 DISCUSSION ITEM REPRESENTATIVE(S) FROM THE JACKSON MEMORIAL FOUNDATION TO ADDRESS THE CITY COMMISSION REGARDING WAIVING ALL FEES AT THE COCONUT GROVE CONVENTION CENTER FOR THEIR JACKSON MEMORIAL FOUNDATION GALA 2006 EVENT ON JANUARY 14, 2006. Letter.pdf MOTION Motion by Commissioner Regalado, seconded by Commissioner Sanchez, and was passed unanimously, to waive rental fees at the Coconut Grove Convention Center for the Jackson Memorial Foundation Gala 2006 event, to be held January 14, 2006. Chairman Gonzalez: All right. We go to personal appearances, and we have PA.1, a representative of the Jackson Memorial Foundation. Martha Lagarde: Good morning. Chairman Gonzalez: Good morning. You're recognized. Ms. Lagarde: My name is Martha Lagarde, special events director for Jackson Memorial Foundation, and I'm here to request of the Commission to please consider the waiving of all fees in connection to the rental of the Coconut Grove Convention Center. Those are convention fees, parking fees, sanitarial [sic] fees, event technician fees, and then there are some City fees -- Vice Chairman Winton: Wow. Ms. Lagarde: -- also that involve Police and Fire. Commissioner Regalado: Wow. Vice Chairman Winton: So that this is going to end up costing the taxpayers money. This isn't just a -- this isn't to waive the income portion. This is to actually -- where we're going to sign off on paying City employees to do things -- well, that's different, so I -- Does staff have a recommendation on this? Ms. Lagarde: There are several fees in conjunction with this, not all. We have about $2,600 in City fees that apply to Police and Fire -Rescue. Then we have about 8, 300 fees -- $300 in fees that are -- (UNINTELLIGIBLE) rental for the Convention Center; the parking fee for this parking lot out here in the exterior, which is about $2, 200, and then there's janitorial services at the Convention Center, and providing an event technician around -the -clock while we set up. Vice Chairman Winton: OK, I understand, but I'd like staff to give us a recommendation. Laura Billberry: Lori Billberry, Public Facilities. We generally do not recommend any fee waivers because it does impact us. The fees for the labor alone, as it relates to Public Facilities staff, is $1,434, and at a minimum, we would like not to see that waived. Commissioner Sanchez: How much, one thousand what? City of Miami Page 24 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Ms. Billberry: Four thirty-four. Vice Chairman Winton: Well, we've been on this kick recently about waiving stuff at the Convention Center. I'm beginning to wonder if we ought to just stop charging people anything, period, and keep the -- but that's what we've been doing lately, but it seems to me that there's got to be something -- some other process here that if we're going to do it for one, how do we not do it for another? And that's an issue that we always talk about here, and I know we've recently waived some fees at the Convention Center for two or three groups recently, so I don't know how we say no to this group, which is also a very good not -for -profit entity; does a lot of good in the community, but we can't go overboard either. You know, I don't think the taxpayers need to be writing checks out of their pocket to help a not -for -profit entity make this kind of thing happen, so -- Commissioner Spence -Jones: Can -- Mr. Chair, can I? I just wanted to find out, what was the total amount again for the Foundation? Ms. Lagarde: The total amount, including Convention Center and City fees, is $10, 943. Commissioner Spence -Jones: And those are the dollars that you're asking to be waived? Ms. Lagarde: We appreciate any consideration you may have for our foundation, which serves our only community hospital. Commissioner Spence -Jones: And did, by chance -- I'm just curious. I know that we had a -- we have a process that we have put in place for special events. Did you guys also apply for those funds through FACE (Films, Arts, Culture and Entertainment) Department? Ms. Lagarde: No, we have not. Commissioner Regalado: Mr. Chair. Mr. Arriola: Commissioner, FACE is usually, as you well know, for reoccurring events. This is just a one-time event. That's why. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chair. I think that we have done in the past is not waive fees, but instruct the City Manager to pay the services, but if I remember well, the tradition is to sort of not charge for the rental, but the Police, we have to pay, and the Fire, we have to pay, and the janitors, we have to pay. The parking is operated by Miami Parking Authority, so if I remember, historically, what we do is that we cancel what the rental fee will be, and so I would move to cancel the rental fee, and have to pay to the Police because that's money that we have to pay from the taxpayers to the police officers. These are off -duty police officers, and the Parking Authority, it's an independent agency, so I would move -- Commissioner Sanchez: Second. Commissioner Regalado: -- waiving the rental fees, which will help you in any way. Ms. Lagarde: Thank you very much. We appreciate it. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say aye. /I The Commission (Collectively): Aye. City of Miami Page 25 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Chairman Gonzalez: Motion carries. City of Miami Page 26 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 05-01420 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COST REIMBURSEMENT SUBCONTRACTOR AGREEMENT ("AGREEMENT") WITH MIAMI/MIAMI-DADE WEED & SEED, INC. ("WEED & SEED"), IN AN AMOUNT NOT TO EXCEED $15,000; ALLOCATING SAID FUNDS FROM THE MAYOR'S SPECIAL REVENUE ACCOUNT NO. 19005.250103.270, TO BE LATER REIMBURSED THROUGH A GRANT BY WEED & SEED, IN WHOLE OR IN PART FROM FEDERAL FUNDS, FOR THE PERFORMANCE OF SERVICES BY THE CITY THROUGH THE MAYOR'S OFFICE, FOR THE MIAMI-DADE PROJECT SAFE NEIGHBORHOODS COLLABORATIVE ("PROJECT"), DURING 2005-2006; AUTHORIZING AND DIRECTING THE CITY MANAGER TO UNDERTAKE THE NECESSARY PROCEDURES TO ACCEPT THE GRANT REIMBURSEMENT AND TO PROVIDE AND TO EXECUTE ANY OTHER DOCUMENTS AND AGREEMENTS, AS ACCEPTABLE TO THE RISK MANAGEMENT ADMINISTRATOR AND THE CITY ATTORNEY, TO UNDERTAKE AND TO COMPLY WITH THE PROJECT FOR SAID PURPOSES. 05-01420 Legislation.pdf 05-01420 Exhibit 1.pdf Motion by Vice Chairman Winton, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0727 Chairman Gonzalez: All right. We go to the Mayor's items, M.1. It's a cost reimbursement subcontract agreement, Miami -Dade Weed and Seed. Yes, ma'am, you're recognized. Lisa Martinez: Lisa Martinez, from the Mayor's Office. This is a $15,000 reimbursement grant that allows the Mayor's Office to work closely with Weed and Seed in integrating work with faith -based organizations with the project Safe Neighborhoods Project. Vice Chairman Winton: So moved. Chairman Gonzalez: All right. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion. Commissioner Regalado: Second. City of Miami Page 27 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Priscilla A. Thompson (City Clerk): I'm -- Chairman Gonzalez: We have a second Discussion. Ms. Thompson: I'm sorry. Chair, it's my understanding there's a substitute. Ms. Martinez: There is a substitute -- Chairman Gonzalez: There is a substitute. Ms. Martinez: -- copy. Thank you. There is a substitute copy. The only change within that substitute copy is the account number -- Chairman Gonzalez: Account number. Ms. Martinez: -- because the account number was missing, but everything other than that within the resolution remains the same. Chairman Gonzalez: That's right. All right. We have a motion and we have a second All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City of Miami Page 28 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 05-01421 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATIONS OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE, PURSUANT TO SECTIONS 2-1251 AND 54-341(D) AND (E) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CODE"): (1) WAIVING THE 120-DAY APPLICATION SUBMISSION DEADLINE AND APPROVING THE APPLICATION FOR EVENTS OCCURRING IN THE COCONUT GROVE SPECIAL EVENTS DISTRICT, FOR THE 2005 KING MANGO STRUT, (2) AWARDING A GRANT IN THE AMOUNT OF $11,388.12, OF WHICH $2,500, WILL BE USED TO CONTINUE TO PROVIDE ENTERTAINMENT AFTER THE PARADE WITHIN THE COCONUT GROVE SPECIAL EVENTS DISTRICT, AND 3) AUTHORIZING AND DIRECTING THE DEPARTMENT OF OFF-STREET PARKING ("DOSP") TO DISBURSE FUNDS IN THE TOTAL AMOUNT OF $11,388.12, FROM THE COCONUT GROVE SPECIAL EVENTS AND MARKETING TRUST FUND, ACCOUNT NO. 1000000860261, IN SUPPORT OF THE 2005 KING MANGO STRUT, PURSUANT TO SECTIONS 2-1251 AND 54-343(4) OF THE CODE; FURTHER AUTHORIZING AND DIRECTING DOSP TO EXECUTE ANY NECESSARY DOCUMENTS FOR SAID PURPOSES. 05-01440 Legislation.pdf 05-01440 Letter.pdf 05-01440 Check.pdf 05-01440 Special Events Application.pdf 05-01440 Production Schedule.pdf 05-01440 Map.pdf 05-01440 Budget Summary.pdf 05-01440 Affidavit.pdf 05-01440 Letter 2.pdf 05-01440 Event & Street Closure.pdf 05-01440 Proposed Street Closures.pdf 05-01440 Map 2.pdf 05-01440 Certified Mail Receipts.pdf Motion by Vice Chairman Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0728 Chairman Gonzalez: Commissioner Johnny Winton, do you have any -- Vice Chair Johnny Winton, do you have any blue pages? City of Miami Page 29 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Vice Chairman Winton: Yes, sir, Mr. Chairman. Chairman Gonzalez: Go ahead. Vice Chairman Winton: I've got a couple here, and then -- OK. These are -- the first two resolutions are both tied to the Coconut Grove BIC (Business Improvement Committee), and as you all know, every time there's an expenditure of authorized funds, that expenditure has to come before the City Commission. What we need to do next year is get a budget approved in general so that we don't have to do this at every Commission meeting, but until that time, this is the process we have to follow, so my apologies. The first one is, again, from the Coconut Grove Business Improvement Committee waiving the 120-day application submission deadline for approving the application for events occurring in Coconut Grove Special Events District for 2000 -- for the 2005 King Mango Strut; awarding a grant in the amount of $11, 388.12, of which 2,500 will be used to continue to provide entertainment after the parade within the Coconut Grove special events -- within the Coconut Grove Special Events district, and three, authorizing and directing the Department of Off -Street Parking to disburse funds in the total amount of $11,388.12, from the Coconut Grove Special Events and Marketing Trust Fund, account number, in support of the 2005 King Mango Strut. So move. Commissioner Sanchez: Second Commissioner Regalado: Second. Chairman Gonzalez: All right. We have a motion and we have a second All in favor, say The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. D2.2 05-01440 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTIONS 2-1251 AND 54-341(C) AND (E) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CODE"), WAIVING THE TWO EVENTS PER MONTH RESTRICTION FOR EVENTS OCCURRING IN THE COCONUT GROVE SPECIAL EVENTS DISTRICT DURING JANUARY, 2006; FURTHER AUTHORIZING AND DIRECTING THE DEPARTMENT OF OFF-STREET PARKING TO EXECUTE ANY NECESSARY DOCUMENTS, FOR SAID PURPOSES. 05-01440 Legislation.pdf Motion by Vice Chairman Winton, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0729 Chairman Gonzalez: Next. Vice Chairman Winton: And the second is a substitute resolution that I think was just handed out, and it's a resolution of the City of Miami Commission, pursuant to Sections 2-1251 and 54-341(c) and (e) of the Code of the City of Miami, Florida, as amended, waiving the two events City of Miami Page 30 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 per month restriction for events occurring in the Coconut Grove Special Events District during January 2006; further authorizing and directing the Department of Off -Street Parking to execute any necessary documents for said purposes. So move. Commissioner Regalado: Second. Chairman Gonzalez: All right. We have a motion. We have a second. Discussion. Being none, those in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. The motion carries. City of Miami Page 31 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 DISTRICT 3 CHAIRMAN JOE SANCHEZ D3.1 05-01462 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A WAIVER OF THE RENTAL FEE FOR USE OF THE COCONUT GROVE EXPO CENTER BY THE LITTLE HAVANA ACTIVITIES & NUTRITION CENTER OF DADE COUNTY, INC., FOR THE ELDERLY CHRISTMAS PARTY ON THURSDAY, DECEMBER 22, 2005, FROM 11 A.M. TO 2 P.M. 05-01462 Legislation.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0730 Chairman Gonzalez: Commissioner Sanchez. Commissioner Sanchez: Yes, sir, Mr. Chairman -- Chairman Gonzalez: Blue pages. Commissioner Sanchez: --1 do have two items. One is a resolution of the City of Miami Commission authorizing a waiver of the rental fee for use of the Coconut Grove Expo Center by the Little Havana Nutritional -- Activity and Nutritional Center of Dade County, Inc., for the elderly Christmas party on Thursday, December 22, 205 [sic], from 11 a.m. to 2 p.m. It's something that we've done every year for that organization. So move. Vice Chairman Winton: Second. Chairman Gonzalez: All right. We have a motion and we have a second. Discussion. Laura Billberry (Director, Department of Public Facilities): Can we -- Chairman Gonzalez: OK. Ms. Billberry: -- just clar -- Chairman Gonzalez: All in fav -- Ms. Billberry: I'm sorry, if we can just claribl -- Lori Billberry -- if this includes the labor, which is approximately $1, 000? Chairman Gonzalez: How much? Commissioner Sanchez: Have we done it in the past? Ms. Billberry: Yes. City of Miami Page 32 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Commissioner Sanchez: Yes. Chairman Gonzalez: How much? Commissioner Sanchez: A thousand dollars. Ms. Billberry: Approximately, a thousand. Chairman Gonzalez: A thousand. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. Motion carries. D3.2 05-01463 RESOLUTION DISCUSSION REGARDING THE BOSTON MARKET ORANGE BOWL YOUTH FOOTBALL LEAGUE CHAMPIONSHIP TO BE HELD DECEMBER 17 AND DECEMBER 18, 2005 AT THE ORANGE BOWL. 05-01463 E-mail.pdf A motion was made by Commissioner Sanchez, seconded by Vice Chairman Winton, and was passed unanimously, to direct the Administration to work with the Orange Bowl Committee in providing assistance for any possible waivers for the Boston Market Orange Bowl Youth Football League Championship event. A motion was made by Commissioner Sanchez, seconded by Vice Chairman Winton, and was passed unanimously, to contribute $1, 000 from his office budget towards the Boston Market Orange Bowl Youth Football League Championship. Commissioner Sanchez: The other item is a discussion regarding the Boston Market Orange Bowl Youth Football League Championship to be held December 17 and December 18 at the Orange Bowl, and we do have representatives here to speak on that. Chairman Gonzalez: Yes, sir, you're recognized. Good morning. Peter Pruitt: Thank you, Mr. Chairman, Commissioners. I'm Peter Pruitt, the president of the Orange Bowl, as you can tell by my beautiful orange coat, but we cert -- we're here to request your support of the Orange Bowl Youth Football Championships, which, as Commissioner Sanchez said, are held at the Orange Bowl this weekend. It's -- it brings the championship game of a league that has over 10,000 kids in it, and we certainly would appreciate your help, and we'd request waiver of the fee at the Orange Bowl, if the Commission would so -- Vice Chairman Winton: Would you also put on the record some of the financial information that you discussed with me in my office this morning? Mr. Pruitt: Yeah. The Orange Bowl Committee feels very strongly about youth activities in our community, and we support the Youth Football League to the tune of about $300, 000, the Orange Bowl Committee does, and -- Vice Chairman Winton: And what about insurance? Mr. Pruitt: Excuse me? Vice Chairman Winton: Insurance. City of Miami Page 33 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Mr. Pruitt: Well -- and the biggest -- a large piece of that is none of those -- we found out a lot of these parks do not carry insurance, so we actually have stepped up and supported those parks in providing the insurance so they can continue having their leagues, and then, ultimately, you know, having the opportunity to play in the Orange Bowl in that championship game, and -- Vice Chairman Winton: It's a big deal. Mr. Pruitt: It's a big deal for the kids. Commissioner Sanchez: I'm going to have -- I'm going to present two motions here because I strongly believe on -- this is a great event. Ten thousand kids here at the Orange Bowl. I mean, it's -- not only is it good for our economy; it's also healthy for the next generation of kids that are playing foot on a -- in a controlled environment, not out on the street, possibly getting in trouble, so the first motion is going to be to direct the Administration to work with the Orange Bowl Committee to see in whatever way we could provide assistance to any waiver that are possible for the -- this event. So move. Vice Chairman Winton: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Commissioner Sanchez: My -- Chairman Gonzalez: Motion carries. Commissioner Sanchez: -- other motion is to have from my office account $1, 000 towards that event. So move. Vice Chairman Winton: Second. Chairman Gonzalez: OK. We have a motion and we have a second All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Commissioner Sanchez: Thank you, Peter. Mr. Pruitt: Thank you. Chairman Gonzalez: Thank you. Ciry of Miami Page 34 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES SPECIALLY SCHEDULED ITEM SS.1 05-01428 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION ELECTING AND Attorney REAPPOINTING JORGE L. FERNANDEZ AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE AS PROVIDED FOR IN THE CITY CHARTER. 05-01428 Legislation.pdf 05-01428 Memo.pdf Motion by Vice Chairman Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0731 Chairman Gonzalez: Commissioner Regalado, do you have any blue pages? Commissioner Regalado: No, Mr. Chairman. Chairman Gonzalez: Commissioner Spence -Jones? Commissioner Spence -Jones: No, Mr. Chairman. Chairman Gonzalez: None. Thank you. All right. Next item, reappointment of City Attorney. Vice Chairman Winton: So move. Chairman Gonzalez: All right. We have a motion -- Commissioner Regalado: 1 second. Chairman Gonzalez: -- and we have a second. Commissioner Regalado: Discussion. Chairman Gonzalez.: Discussion. Commissioner Spence -Jones: I have a -- I'd like to make a statement. Commissioner Sanchez: The item is under discussion. Commissioner Spence -Jones: Oh, OK. Commissioner Regalado: OK. City of Miami Page 35 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Chairman Gonzalez: Go ahead. Commissioner Regalado: Mr. Chairman. Commissioner Spence -Jones: First of all, I want to say that I've had the -- I'm definitely going to support my colleagues on this vote, but I just want to at least make sure I put this on the record, and City Attorney and I have had discussions on it, and I definitely support you and look forward to working with you during my tenure here. I just want to make sure we put it on the record that it's really, really important that we focus on -- Vice Chairman Winton: Hey, Michelle, I can't hear you. Commissioner Spence -Jones: Can you hear me? Vice Chairman Winton: Now, I can. Chairman Gonzalez: I have a problem with the mike. Commissioner Spence -Jones: OK. Commissioner Sanchez: You're on. Commissioner Spence -Jones: OK. 1 just want to make sure that we focus on really trying to recruit more African Americans on staff so I -- after all of this has passed, I want to really sit down and work with you on trying to find a way to recruit more African Americans on the City Attorney staff, because I think it's important to have that kind of representation there. Vice Chairman Winton: And I would support that concept -- Chairman Gonzalez: All right. Vice Chairman Winton: -- wholeheartedly. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. I really support this resolution, the reappointment of the City Attorney. The City Attorney has been a person that explains and help guide us through the City Commission meetings and all the legal matters. My question is not exactly about the reappointment of the City Attorney, but it's a tradition that we do also reappoint the City Clerk than when we -- every time that we have an election, that both appointments of the City Commission, the City Attorney and the City Clerk, are done on the same day. I am ready to support -- fully support the reappointment of Jorge Fernandez as City Attorney of the City of Miami, but I would ask the Chairman if we can bring up the appointment of the -- Chairman Gonzalez: No, Commissioner. Commissioner Regalado: -- City Clerk? Chairman Gonzalez: No, Commissioner, because it's not on the agenda, and I understand that it's going to be on the January -- in the first meeting in January -- Commissioner Regalado: OK City of Miami Page 36 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Chairman Gonzalez: -- and I'd rather discuss it in January, you know, when it is on the agenda - Commissioner Sanchez: Mr. Chairman, if -- Chairman Gonzalez.: -- when it's public. Commissioner Regalado: Right. No problem. Commissioner Sanchez: --1 may for -- Chairman Gonzalez: Yes. Commissioner Sanchez: -- the sake of harmony in this Commission, and just to clar, I was the Chair at that time. As you know, this agenda was a voluminous agenda, with possibly -- maybe two or three PZ (planning & zoning) items that were going to go very late. I wanted to create a fair process for both the City Attorney and the City Clerk, and that's why, in this whole process, we wanted to put one and then the other. I could honestly tell you that it will be in the next agenda, and I think it will pass just like the City Attorney. However, for -- because of the agenda and other issues, I think it was in the best interest -- and I acted as the Chair -- to separate them. I have made some traditions in this Commission. Well, I broke one tradition, but it was all for the sake of harmony. Thank you. Commissioner Regalado: Fine. I just wanted to find out -- Chairman Gonzalez: All right. Commissioner Regalado: -- what's the story, so -- Chairman Gonzalez: OK, so we have a motion and we have a second on the reappointment of the City Attorney. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All those opposed have the same right. Motion carries. City of Miami Page 37 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 PUBLIC HEARINGS PH.1 05-01423 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 AMENDED, 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, MIAMI, FLORIDA, TO BRICKELL PLAZA; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE HEREIN DESIGNATED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-01423 Legislation.pdf 05-01423 Summary Form.pdf 05-01423 Public Hearing Memo.pdf 05-01423 Public Hearing Ad.pdf 05-01423 Pre Public Hearing Memo.pdf 05-01423 Pre Public Hearing Ad.pdf 05-01423 Email.pdf 05-01423 Fax.pdf 05-01423 Map.pdf DEFERRED A motion was made by Commissioner Sanchez, seconded by Vice Chairman Winton, and was passed unanimously, with Commissioner Regalado absent, to defer Item PH.1 to the Commission meeting currently scheduled for January 12, 2006. Chairman Gonzalez: Now, we go to public hearings, PH.1. Stephanie Grindell: Stephanie Grindell, director of Public Works. This is an ordinance amending the name of Southeast 1st Avenue between Southeast 8th Street and Southeast 12th Street to Brickell Plaza. Commissioner Sanchez: All right. Vice Chairman Winton: I have a question. Commissioner Sanchez: So moved. Vice Chairman Winton: Second for discussion. Chairman Gonzalez:: All right. We have a motion. Discussion. Vice Chairman Winton: Has it always been Brickell Plaza? Ms. Grindell: At one time, it was actually called Miami Avenue, but I do have some historical documents that show it named Brickell Plaza. Vice Chairman Winton: So, where is this coming from, this name change? Ms. Grindell: It has -- it was requested by a resident. City of Miami Page 38 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Vice Chairman Winton: By what? Ms. Grindell: By a resident. Vice Chairman Winton: Well, I think -- has the Brickell Area Association signed off fon this? Lucia Dougherty: I didn't take it to them, so 1 don't know the answer. Vice Chairman Winton: Then I'm going to withdraw my second, and 1 would like to make sure that the -- because they're very sensitive about the name Brickell, and so I think -- I doubt that they're going to have any issue with this, but 1 don't want to get ambushed, so I would like to take this back -- Ms. Grindell: Of course. Vice Chairman Winton: -- to Brickell Area Association and make sure we get a signoff on this. Joe Arriola (City Manager): Commissioner, for what it's worth, the -- how this developed, we had a couple of large financial institutions that wanted to move into this area. That's not the one? Vice Chairman Winton: No. Mr. Arriola: OK. Vice Chairman Winton: Wrong one. Mr. Arriola: Oh, wrong one, OK. Vice Chairman Winton: Right. Chairman Gonzalez: All right, so we don't have a second. We have a motion. Commissioner Sanchez: All right, so the proper motion would be to -- Chairman Gonzalez: The motion -- Commissioner Sanchez: -- defer the item? Vice Chairman Winton: Yes -- Commissioner Sanchez: All right. Vice Chairman Winton: -- and have them bring it back -- Commissioner Sanchez: So moved to defer the item -- Vice Chairman Winton: -- get approval from — Commissioner Sanchez: -- to the next Commission meeting -- Chairman Gonzalez: Do you want to second that? Commissioner Sanchez: -- which is January 13. City of Miami Page 39 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Vice Chairman Winton: Yes, so second the motion. Chairman Gonzalez: All right. We have a motion and we have a second to defer for the second meeting in January, right? Commissioner Sanchez: Thirteenth, for the record. Chairman Gonzalez: All right, so -- Priscilla A. Thompson (City Clerk): The 12th. Commissioner Sanchez: Excuse me? Ms. Thompson: January 12. Chairman Gonzalez: Yes? Commissioner Sanchez: It's the 12th? All right. I'm so sorry. Chairman Gonzalez: The 12th? Commissioner Sanchez: Yes. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PH.2 05-01265 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED " GALLERY ART", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 05-01265 Legislation.pdf 05-01265 Exhibit 1.pdf 05-01265 Exhibit 2.pdf 05-01265 Exhibit 3.pdf 05-01265 Exhibit 4.pdf 05-01265 Summary Form.pdf 05-01265 Public Hearing Memo.pdf 05-01265 Public Hearing Notice Ad.pdf 05-01265 Public Works Memo .pdf 05-01265 Public WorksNotice Ad .pdf 05-01265 Legal Description.pdf City of Miami Page 40 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones 10:30 A.M. PH.3 05-01425 Department of Community Development R-05-0732 Chairman Gonzalez: OK. PH 2. Stephanie Grindell (Director, Public Works): PH.2 is a resolution accepting the proposed plat of Gallery Art, which is located between Northeast 24th Street and Northeast 25th Street, east of Biscayne Boulevard. Commissioner Sanchez: So moved. Chairman Gonzalez:: All right. We have a motion on PH.2. Vice Chairman Winton: So moved Chairman Gonzalez: No. We already have a motion. Commissioner Sanchez: Second Chairman Gonzalez: We have a motion and we have a second Discussion. OK. This is a public hearing. Anyone from the public that wishes to address this item, please come forward. All right. Seeing none, hearing none, the public hearing is closed, comes back to the Commission. This is -- is it an ordinance? Commissioner Sanchez: PH.4 is a resolution. Chairman Gonzalez: It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT OF $13,500, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT; ALLOCATING SAID FUNDS TO SUNSHINE FOR ALL, INC., THEREBY INCREASING THEIR CONTRACT FOR THE 31ST COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR, FROM $10,000 TO $23,500, TO CONTINUE TO PROVIDE HOME DELIVERED MEALS TO THE HOMEBOUND ELDERLY RESIDING IN DISTRICT 4; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE EXISTING AGREEMENT, WITH SAID AGENCY, FOR SAID PURPOSE. City of Miami Page 41 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 05-01425 Legislation.pdf 05-01425 Exhibit 1.pdf 05-01425 Exhibit 2.pdf 05-01425 Exhibit 3.pdf 05-01425 Summary Form.pdf 05-01425 Text File Report.pdf 05-01425 Text File Report 2.pdf 05-01425 Agencies For Public Svcs Funding.pdf Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones PH.4 05-01426 Department of Community Development R-05-0733 Chairman Gonzalez: All right. PH.3. Commissioner Sanchez: Is that being -- we're going to hear it or is it being pulled? Barbara Gomez -Rodriguez (Director, Community Development): PH3 is being heard. Commissioner Sanchez: OK. Ms. Gomez -Rodriguez: PH.3, Barbara Rodriguez, Department of Community Development. We are requesting approval to transfer 13,500 from the City of Miami Department of Community Development to Sunshine For All, Inc. These was the awards that were awarded from District 4. Chairman Gonzalez: All right. Do I hear a motion? Commissioner Sanchez: Commissioner. Commissioner Regalado: I move the item. Commissioner Sanchez: Second. Chairman Gonzalez: OK. We have a motion and we have a second. This is a public hearing. Anyone from the public that wishes to address the item, please come forward. OK, Seeing none, hearing none, the public hearing is closed; it comes back to the Commission. We have a motion and we have a second All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: It was a resolution. Commissioner Sanchez: Yes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 31ST YEAR HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS FUNDS, IN THE AMOUNT OF $30,000, FROM MOVERS, INC.; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT, FOR THE LONG TERM RENTAL ASSISTANCE PROGRAM, AS SPECIFIED City of Miami Page 42 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 PH.5 05-01432 Department of Community Development IN "ATTACHMENT A," ATTACHED AND INCORPORATED. 05-01426 Legislation.pdf 05-01426 Exhibit 1.pdf 05-01426 Summary Form.pdf 05-01426 Public Hearing Ads.pdf 05-01426 Text File Report.pdf 05-01426 HOPWA Funding Allocation.pdf WITHDRAWN Chairman Gonzalez: PH.4. Joe Arriola (City Manager): PH.4 -- Barbara Gomez -Rodriguez (Director, Community Development): PH.4 is being -- Mr. Arriola: -- I would like to pull. Ms. Gomez -Rodriguez: -- withdraw. Mr. Arriola: Yeah. I would -- Chairman Gonzalez: It's withdraw, OK Mr. Arriola: -- I'd like to withdraw. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 31ST YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE AMOUNT OF $41,000, FROM HAITIAN AMERICAN FOUNDATION, INC.; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT FOR PUBLIC SERVICE ACTIVITIES, AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED. 05-01432 Legislation.pdf 05-01432 Exhibit 1.pdf 05-01432 Summary Form.pdf 05-01432 Public Notice Ads.pdf 05-01432 Previous Legislation.pdf 05-01432 Grant Administration.pdf 05-01432 Summary.pdf 05-01432 Public Facilities & Improv..pdf DEFERRED A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, to defer Item PH.5 to the Commission Meeting currently scheduled for January 12, 2006. Direction to the Administration by Commissioner Spence -Jones to meet with Mr. Ringo Cayard of the Haitian American Foundation, Inc. to work out details regarding their program which services senior citizens in the Little Haiti community. Chairman Gonzalez: OK, PH.5. City of Miami Page 43 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Barbara Gomez -Rodriguez (Director, Community Development): PH.5, we had a conversation this morning with the Commissioner, and the Commissioner has requested that it be defer until the first Commission in January. Chairman Gonzalez.: So, that is also going to be deferred? Joe Arriola (City Manager): Yes. Commissioner Sanchez: All right. Chairman Gonzalez: All right. Ms. Gomez -Rodriguez: This one's being deferred until the first Commission in January. Commissioner Spence -Jones: Yes. I'm asking that -- I'd like to direct staff to definitely meet with the organization to work out the details regarding the program. The program is an awesome program; it services our seniors in the Little Haiti community, so I'm directing that Barbara, if you can definitely meet with Mr. Cayard to discuss the project. Chairman Gonzalez: All right, so we have a motion to defer, right? Ms. Gomez -Rodriguez: Right, yes. Commissioner Sanchez: Yes. Unidentified Speaker: May I put something on -- Chairman Gonzalez: Do I have a second? Commissioner Regalado: Second. Mr. Arriola: No. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: The item has been deferred for January? Commissioner Spence -Jones: Yes. If we could -- Ms. Gomez -Rodriguez: First Commission in January. Chairman Gonzalez: First meeting in January. Commissioner Spence -Jones: Yeah. Chairman Gonzalez: All right. Thank you, Madam Director. Ms. Gomez -Rodriguez: Thank you. City of Miami Page 44 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 ORDINANCES - SECOND READING SR.1 05-01042 ORDINANCE Second 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 SR.pdf 05-01042 Summary Form FR/SR.pdf 05-01042 Presentation SR.pdf 05-01042 Growth Related Impact Fees FR/SR.pdf 05-01042 Legislation.pdf 05-01042 Submittal-1.pdf 05-01042 Submittal-2.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Noes: 1 - Commissioner Gonzalez 12750 Chairman Gonzalez: We go to ordinance on second readings, SR.1. Vice Chairman Winton: It's a -- so move. City of Miami Page 45 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Commissioner Sanchez: Second -- Chairman Gonzalez: OK. Commissioner Sanchez: -- for the purpose of discussion. Chairman Gonzalez: We have a motion and we have a second. Discussion. You're recognized, Commissioner Sanchez. Commissioner Sanchez: Why don't we open it to the public, and then we'll discuss it? Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wishes to address the Commission, please come forward. Yes, ma'am, your name and address for the record. Vice Chairman Winton: Wow. Nina West: Wow. Well, my name is Nina West, 3690 Avocado Avenue, in Coconut Grove, and I'm here, instead of Hadley, who speaks better than 1 do, but we have the same thing to say. We're part of Miami Neighborhoods United. We've been working on the impact fees. We're here to support the impact fees. We applaud the impact fees. As you know, the last time we were before you, we had some concerns about methodology used. We have put in -- a lot of work into this, and I want to hand something to each one of you showing our maps and some revisions. We've handed this in to the City staff, where we've gotten a favorable hearing. The staff received this on Monday, and this talks about local parks, our smaller neighborhood parks, and we are describing this as -- something as 6.25 miles from the corridors, or a 12- to 15-minute walk, 10 minutes if you walk like I do, and 15 minutes if you push a baby carriage, and we've spoken with the staff, and they have returned this with positive comments, and they forwarded it on to TischlerBise. Vice Chairman Winton: They did what? Ms. West: They added some favorable comments and forwarded it to the consultants, TischlerBise, and we hope to see this at the next PAB (Planning Advisory Board) meeting in January and at the City Commission for a first reading, hopefully, in the first month, and we are starting to work on the nonresidential component, which we will -- Commissioner Sanchez: I'm sorry. This doesn't go to PAB. This is an ordinance on second reading. Ms. West: OK. Well, then -- no, no, no. I'm not talk -- today, we're supporting everything that's happening. Vice Chairman Winton: Yeah. She's talking about modicat -- Commissioner Sanchez: Oh. Ms. West: Everything that's happening. Vice Chairman Winton: -- future modifications. Commissioner Sanchez: Oh, oh, OK. Vice Chairman Winton: Right? City of Miami Page 46 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Ms. West: We're talking about a future modification, and this is the first component of what we plan to recommend for a future modification, and the second component is in the nonresidential, and we will be working on the demographic maps to deal with that, so I thank you very much, and I want to thank the staff very, very much -- Vice Chairman Winton: Thank you, Nina. Ms. West: -- especially Alicia and Otto. Thank you. Vice Chairman Winton: All right. Chairman Gonzalez.: All right. Anyone else from the public? Vice Chairman Winton: Could I get a comment from staff on this recommendation? Alicia Cuervo Schreiber (Chief of Operations): Commissioners, yes, we did receive that on Monday and we reviewed it. There were some issues as it related to where the data came from; some analysis that needs to be done. Obviously, we're not presenting. It would be a substantial change. Vice Chairman Winton: Um -hum. Ms. Cuervo Schreiber: We need to wash it out and see if it's, you know, consistent with the plans that we've put before you now. Vice Chairman Winton: But we are going to do that. Ms. Cuervo Schreiber: We're going to explore it and see if -- Vice Chairman Winton: Right -- Ms. Cuervo Schreiber: -- it's valid, and it had some -- Vice Chairman Winton: -- and -- Ms. Cuervo Schreiber: -- good points to it, so we're definitely going to go and look at it, and work with the group to see how we can bring something like that forward, a change in the future. Vice Chairman Winton: Perfect. Thank you. OK. Chairman Gonzalez: Yes, ma'am. Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I'm here today on behalf of the South Florida Builders Association. Truly Burton couldn't attend today, and so she had asked me to speak on behalf of it. With regards to this particular ordinance, we know that it's important for the City and the, you know, good that it's going to bring, and that these fees haven't been increased for awhile. We understand all of that. With regards to the developers, though, it is a substantial increase for the residential development, in that currently, they pay approximately $915 per unit and -- for the high-rise, and this would take it to about 4,500 per unit, which is a big dierence when you have a large project, so what we're asking is that there have been -- you know, there are a lot of projects in the pipeline where they've calculated when they bought the property and when they've sold units, they figured out what their costs are based on the City's current impact fee, so right now, there's a provision in this ordinance, and it appears that they'd have to -- I think it takes effect on January 15, and then City of Miami Page 47 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 they'd have to get a building permit in two months, which is impossible even for those projects that have already submitted for their building permit because, you know, the plans are huge and this City's got a lot to review, and we understand that there are a lot of projects in the pipeline that are being reviewed by the Building Department, so it can take these developers, you know, six, seven months easily to get their building permit once they submit the plans, so what we're asking is the following. We would request that this ordinance take effect on June 15; that they have to -- and hear me out. Let me just explain why I come up with that date -- that they have to submit complete building permit plans to get a process number, and if they have that process number by that date, then they would pay under the old ordinance. Now, if you feel more comfortable -- because, Commissioner Winton, 1 see you have an issue with that -- as to a sooner date, we'd work with that. 1 mean, we're open to it, but I was just giving that date for the following reason: You have developers to go through the whole approval process. To get your Major Use Special Permit, it takes about nine months. Then, after you do that, you put your units on the market, and you've calculated how much a unit should be based on what your costs are, then you get your construction drawings prepared. That takes about six to eight months to get those construction drawings prepared, and you're putting in millions of dollars at this point. Then you file that with the City, and you're still waiting another six to seven months to get your building permit, so the way it's written now, it just -- it doesn't work, and I think it would be a real hardship on people who have relied on the prior fees, and we still have a lot of developments that are going through the process, and we just thought that that would be a fair -- it would be a fair process for everybody, for the City -- we're not saying don't raise these fees, and we're not saying that these fees are too high. We understand the objective of the City. I personal -- I think it'd be great to have more parks in this City. I think it'd be beautiful, so nobody's out here -- the development committee isn't here saying you cannot raise these fees; they are too high. What we're just asking is that for those people who have worked their budgets, and bought their land, and sold units, and done other things that this would make sense, and this would give those people who have relied on that the time to get their building permit, and like I said -- well, I didn't say this yet -- but 1 had spoken with Joe Ferras the other day to ask him, can you get a process number if you don't have complete plans, to make sure that somebody couldn't just draw up some plans and put them in, and they'd be missing electrical and missing structural just to try and get a process number, and he said to me that, "No. In order to get a process number, you've got to have complete plans." Now, those plans are going to get reviewed by the City, and they're going to go back and forth, and the developer's going to have to change those plans, you know, and make corrections on them, but to get the process number, that's what he told me, and so that's why we had picked that point in time so it could be manageable for the City as to when this would start and when it would end, and then -- because if you tell them it's when you get your building permit, it's going to be a real crunch on that Building Department, and it's going to be very painful, and even the projects in right now can't get their permits in two months. That's it, so that's what we're asking. Vice Chairman Winton: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Winton: Since I'm in the business, I'm sympathetic to an extent, but what happens when you talk to the concrete company, the steel company, or the drywall company about their price increase that comes along well after you've done all that planning, sometimes after you've done the sales, certainly after you've closed on the site? Do any of them postpone their price increase until you get everything else done? Ms. Pardo: You're absolutely correct, and that's a problem that the development committee [sic] is facing today, that they are getting hit with exorbitant increases from the concrete market because of what's going on. We understand -- you know, 1 don't disagree with you on that, at all. Vice Chairman Winton: And so, you don't get any relief and what we're doing here -- and it is a City of Miami Page 48 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 problem, and I agree with -- it's a problem. However, what the problem is doing is creating a much better community for those very developers and their units because we're going to end up with more greenways, we're going to end up with more green space, we're going to end up with a city that's a much more livable city by having as many developers as we can get pay into the fund, as opposed to letting a whole bunch of them get out of the process, and so though I'm sympathetic to cost increase -- and 1 understand that clearly -- I think the public need far outweighs the issue relative to cost increases, particularly when the rest of the private sector has no sympathy for that whatsoever, and the private sector, which is the suppliers, they're going to raise their prices any time they want; there's no public benefit to that. At least here that price increase has a great public benefit, and I think that's the reason I'm -- have been supportive all along of implementing this thing as fast as we can. Ms. Pardo: Could 1 add just one comment to that? I agree with you on those comments. The problem is is that you do have all of these price increases that these developers are getting hit with, and you have a market that's changing, and the problem is if they get hit with too many all at once, then the developments wouldn't get built, and we certainly don't want to see that happen. We want them to be built, and you know, we want that development to come into the City and the taxes, but maybe we could come up with a different date. I just think, the way it's written right now, even if you have a process number -- or that doesn't even apply -- even if you're in the system, we have so many people who can't get their building permit in two months. You just -- it's not enough time. Ms. Cuervo Schreiber: Commissioners, Alicia Cuervo Schreiber. To address that very issue -- and we have been meeting with Truly Burton, with Adrienne Pardo, and other attorneys from the industry, and to address that, we made an amendment -- and we have been working with Susan Schoettle-Gumm -- on page 5 -- and it was distributed to you for SR. 1 -- we have eliminated the last line of the paragraph in Section 13-5 of the Code, which provides, "The building permit for such a development is obtained within 60 days." We've eliminated the 60 days to read, "As specified in a November 30, 2005 memorandum regarding building permit application from Jose [sic] Ferras, City Building official, to Hector Lima, director of the Building Department." That memo clarifies what constitutes a complete set of construction plans for a building permit. Therefore, you submit a complete set of construction plans, you're not tied to the 60 days; you're tied to the fact that you've completed a complete set of building plans, which means -- Commissioner Sanchez: That you made it before the deadline. Ms. Cuervo Schreiber: Yes. Commissioner Sanchez: Which is January 15, and then there's no limit as to -- Ms. Cuervo Schreiber: Yeah. Commissioner Sanchez: OK. Ms. Cuervo Schreiber: The City continues to recommend January 15 as the date where this would take effect. We feel that having defined what constitutes a complete set of building plans - Vice Chairman Winton: OK, right. Ms. Cuervo Schreiber: -- would help the issue out. You would include your foundation plan. It's all listed in the attached memo that has been distributed and that will be posted on-line; that it's also part of the Florida Building Code requirements, but we've identified and made clearer definitions as to what that means. As it relates to contracts, preexisting contracts that a developer may have, I'd like Susan to address that. There is something in the new ordinance that City of Miami Page 49 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 does clar fy that issue. Thank you. Commissioner Sanchez: On the issue of defining a complete set of plans, does the Administration and our Legal Department feel comfortable with that definition of a complete set of plans? Ms. Cuervo Schreiber: We do. Joe Arriola (City Manager): Yes. Vice Chairman Winton: Well, Legal Department. Commissioner Sanchez: It's OK. Ms. Cuervo Schreiber: On the Building Department side, we do feel comfortable. Commissioner Sanchez: Because I think the -- Chairman Gonzalez: All right. Commissioner Sanchez: -- interest of the legislative body is to create an ordinance that's going to be defendable in court. Jorge L. Fernandez (City Attorney): Correct -- Ms. Cuervo Schreiber: Yes. Mr. Fernandez: -- and it is. There is enough specificity in that attached memorandum from Mr. Ferras that clearly establishes, with great deal of transparency to the development community, what constitutes a complete set of plans. Chairman Gonzalez: All right. Anyone else from the public? Are you -- ? Vice Chairman Winton: Susan needed to put something on the record. Chairman Gonzalez: Yes, ma'am. Vice Chairman Winton: No. Commissioner Sanchez: Anyone else -- Chairman Gonzalez.' No? Commissioner Sanchez: -- from the public? Chairman Gonzalez: All right. Anyone else from the public? Commissioner Sanchez: Discussion. Chairman Gonzalez: Seeing none, the public hearing is closed. Discussion among the Commissioners. Commissioner Sanchez: Discussion. Chairman Gonzalez: Discussion. Yes, sir. City of Miami Page 50 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Commissioner Sanchez: Now, some of the concerns that have been expressed, some do have merit, and 1 have one that 1 am a little concern with, and that is that we don't want to penalize the homeowners who have already committed, and those are the people that we're pushing for home ownership in the City. They've already committed, and the end result's going to be that whatever the price change and increase is going to be, it's going to be passed onto these individuals who may fall from that little gap that might make a difference between becoming a renter or a homeowner, so that is something that I expressed to the Administration that continues to be one of my concerns. However, this is an ordinance that must be defendable in court, and the issue is here, very simple, where do you draw the line? If you draw the line on January 15 -- Mr. Arriola: That's it. Commissioner Sanchez: -- or February 15, or March, August, you're still going to leave people out in the process, and people are going to probably find a way to look at this ordinance and take it to court, like we've been challenged before, and my greatest concern is that this is an ordinance that, once we present, it is defendable in court, so having said that, I'm comfortable with it because no matter how we move it, we're still going to leave people out, and the quicker we could start generating money for additional green space in our City -- because the legislation is way overdue and I'm -- I think 1 made the second. Did you -- you moved it, Johnny? Vice Chairman Winton: I -- Commissioner Sanchez: Yeah, we -- Vice Chairman Winton: -- think so. Commissioner Sanchez: -- you moved it, and 1 second it -- Vice Chairman Winton: Did I move it? Commissioner Sanchez: -- for the purpose of discussion. Vice Chairman Winton: Yeah. Ms. Pardo: Could I just ask one question on this? With this amendment and the Joe Ferras memo -- this is to staff -- if somebody submits for a foundation permit, which, you know, you need a complete set of plans in order to get a foundation permit, and right now, if you submit for a foundation permit, that's when you have to pay your impact fees, would this memo cover that so -- because that's when you pay your impact fees, so would they then be paying under the current ordinance, because that's when you pay the impact fees now? Hector Lima: Hector Lima, director of Building Department. It's very clear on the details that it must include electrical, mechanical, and A/C (air conditioning), so therefore, a foundation permit would not be applicable to this ordinance. Ms. Pardo: OK. Chairman Gonzalez: All right. This is an ordinance. Please, Madam City Clerk -- oh, I'm sorry. Mr. Fernandez: Well -- Chairman Gonzalez: Mr. -- City of Miami Page 51 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Mr. Fernandez: Yes. Chairman Gonzalez: -- City Attorney. Mr. Fernandez: As amended, per Alicia's statements on the record, and it has been given to the City Clerk this is an ordinance on second and final reading. The ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, Madam City Clerk. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: Yes, as amended. Ms. Thompson: Vice Chairman Winton? Vice Chairman Winton: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: I'm going to vote "no," and the reason I'm going to vote no, I have some problems with this ordinance and I have talked about it, but let me tell you. One of the things that I have a problem with is that we haven't done anything about parks for I don't know how many years. This ordinance hasn't been revised since 1987. The study took -- how long did it took you to do the study, about a year, a year and a half, right? Unidentified Speaker: One year. Chairman Gonzalez: One year to do the study, and then we come up with this ordinance, and we want to impose this ordinance in 30 days, and even -- you know, even the laws that are passed in Tallahassee, they take a year to go into effect, and this is -- you know, the name of the ordinance says it all, "impact." This is going to impact a lot of people, and this is going to impact, you know, development, so I -- that's another thing that I have a problem with, with the time limit that we have established to impose this new ordinance, and I have to vote no. I don't -- you know, 1 don't feel confident with it, so my vote is no. Ms. Thompson: The ordinance has been adopted on second reading, 4/1. Chairman Gonzalez: Thank you. "[Later...r Chairman Gonzalez: 1 want to bring back for a minute -- and it's a matter of claring the record. The SR.1, which is the impact fee ordinance -- is Alicia around? Mr. Fernandez: Alicia. City of Miami Page 52 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Chairman Gonzalez.: Because there is a question -- there has been some confusion about the effective date -- Vice Chairman Winton: No, there wasn't. She answered it. Chairman Gonzalez: -- when is the application of the effective date. That's your concern, right? Vice Chairman Winton: It's January 13 or 15. What was it? It wasn't -- she answered -- Mr. Fernandez: January 15. Vice Chairman Winton: -- it twice. Commissioner Sanchez: No, that's not the issue. The issue here when does it take effect. Is it -- Chairman Gonzalez: Effect. Ms. Pardo: Right. Commissioner Sanchez: The ordinance was passed. Does it take effect now -- Vice Chairman Winton: Oh. Commissioner Sanchez: -- or is it 30 days? Vice Chairman Winton: Is that the question? Chairman Gonzalez.: Or is it 30 days? Ms. Pardo: Right. Commissioner Sanchez: That's the issue. Ms. Pardo: I had -- the majority of your ordinances take effect in 30 days, and the title of the -- Mr. Fernandez: Not nec -- Ms. Pardo: -- just says providing for an effective date, but when you go to the back of the ordinance and you look at it, it says it takes effect immediately. Chairman Gonzalez: Right. Ms. Pardo: That's what the ordinance says. I mean, I would love for you to reconsider that because -- Vice Chairman Winton: Well, we're not -- Ms. Pardo: -- I don't think -- Vice Chairman Winton: -- that -- Ms. Pardo: -- people know that from the title, but I had a bigger issue, as well, and -- Vice Chairman Winton: Are we re -- ? Have we voted? We're not going to redo this -- City of Miami Page 53 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Chairman Gonzalez: No, no. Vice Chairman Winton: -- are we? Chairman Gonzalez: We're just going -- Mr. Fernandez: No. Vice Chairman Winton: OK Chairman Gonzalez: -- to clarify. Ms. Pardo: It was just regarding the effective date -- Vice Chairman Winton: OK Chairman Gonzalez: Yeah. Ms. Pardo: -- but 1 have a bigger question that if you could -- Vice Chairman Winton: Well, no, no, no. Ms. Pardo: -- just -- Vice Chairman Winton: We're not -- we have not voted to rehear this issue. Chairman Gonzalez.: No. You just asked me to -- Ms. Pardo: OK, that's fine. Chairman Gonzalez: -- if I could bring it back so you can clarify the effective date. Ms. Pardo: Right, but there was one other issue, if I could just ask for clarification, if I could just -- on your -- Mr. Fernandez: Well, the speaker may seek clarificationfrom the City Attorney or from staff -- Vice Chairman Winton: Right. Mr. Fernandez: -- at any time. She has attempted to do that in the past few hours, and she has been given our interpretation. Vice Chairman Winton: She didn't like the answer. Mr. Fernandez: In order for you to contemplate her request, you need to reopen this item -- Chairman Gonzalez: No. Mr. Fernandez: -- to reconsider it. Chairman Gonzalez: No, we're not going to reopen the item. Ms. Pardo: Can I just mention the second part -- City of Miami Page 54 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Vice Chairman Winton: Excuse me. Ms. Pardo: -- because that's more important, that's all. Vice Chairman Winton: No. Be -- if he's answered your concern that's the concern, and we're not reopening it -- Mr. Fernandez: We are -- Vice Chairman Winton: -- to have a new discussion. Mr. Fernandez: -- we're very capable of answering her concerns, perhaps not to her satisfaction Vice Chairman Winton: Yes. Mr. Fernandez: -- and it's perhaps, in her mind, easier to lobby five of you than just one of me, or Alicia, or whoever else in staff consistently will give her the right answers. It is effective immediately, and the -- Ms. Pardo: 1 accept that. Mr. Fernandez: -- cutoff date is the 15th; that's a Sunday. Sunday's not a business day, but it becomes, you know, applicable on a Sunday, which means that, at 8 o'clock, when the City opens on the 16th, then that's the applicability of it. SR.2 05-01231 ORDINANCE Second Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 2/ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION, BOARDS, COMMITTEES, COMMISSIONS," BY ADDING A NEW DIVISION ESTABLISHING THE COMMUNITY TECHNOLOGY ADVISORY BOARD ("BOARD"), BY SETTING FORTH THE BOARD'S PURPOSE, POWERS AND DUTIES; PROVIDING FOR COMPOSITION AND APPOINTMENTS AND PROCEDURES, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS, OATH, QUORUM AND VOTING, MEETINGS, SPECIFICALLY DESIGNATED PERSONNEL BY THE CITY MANAGER TO ACT AS LIAISON TO THE BOARD, COUNSEL, BUDGET APPROVAL AND ANNUAL REPORT; PROVIDING FOR SUNSET REVIEW, MORE PARTICULARLY BY AMENDING SECTION 2-892, OF THE CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-01231 Legislation FR/SR.pdf 05-01231 Memo FR/SR.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones 12748 City of Miami Page 55 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 SR.3 05-01288 Office of the City Attorney Chairman Gonzalez: All right. SR.2. Chairman Gonzalez: So move. Chairman Gonzalez: All right. We have a motion -- Vice Chairman Winton: Second. Chairman Gonzalez: -- and we have a second. This is an ordinance, so it's a public hearing. Anyone from the public that wishes to address this item, please come forward. Seeing none, hearing none, Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. The ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, Madam City Clerk. 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, 5/0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE VII/SECTION 62-189 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD/PROCEEDINGS," BY CHANGING THE QUORUM REQUIREMENTS FROM FIVE MEMBERS TO FOUR; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 05-01288 Legislation SR.pdf 05-01288 E-mail FR/SR.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones 12749 Chairman Gonzalez: All right. SR.3. Commissioner Sanchez: So move. Chairman Gonzalez: All right. We have a motion on SR.3. Do I hear a second? Vice Chairman Winton: Second Chairman Gonzalez: We have a motion and a second. This is a public hearing. Anyone from the public that wishes to address this item, please come forward. OK, seeing none, hearing none, the public hearing is closed. Mr. City Attorney. City of Miami Page 56 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Jorge L. Fernandez (City Attorney): Yes. The ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez.: 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, 5/0. City of Miami Page 57 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 RESOLUTIONS RE.1 05-01247 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BIDS Police OF MAR-VEL INTERNATIONAL, INC., AUSTIN'S DIVING CENTER AND DIVERS UNLIMITED, INC., FOR THE APPLICABLE ITEMS FOR WHICH EACH VENDOR IS THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER, PURSUANT TO INVITATION FOR BIDS NO. 04-05-107, RECEIVED AUGUST 22, 2005, FOR THE PURCHASE OF DIVING EQUIPMENT FOR THE DEPARTMENT OF POLICE, FOR A TOTAL CONTRACT AWARD AMOUNT NOT TO EXCEED $119,823.14; ALLOCATING FUNDS FROM THE URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM, FISCAL YEAR 2003, ACCOUNT CODE NO. 110111.280910.6.840. 05-01247 Legislation.pdf 05-01247 Summary Form.pdf 05-01247 Award Approval Form.pdf 05-01247 Tabulation of Bids.pdf 05-01247 Email.pdf 05-01247 UASI Budget 2003 by Dept.pdf 05-01247 Summary Fact Sheet.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0734 Chairman Gonzalez: All right. Now, we go to RE. 1. Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. Discussion. OK, no discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: It's a resolution. Those opposed have the same right. Motion carries. RE.2 05-01427 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID OF TEXAS AQUATIC HARVESTING, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS, DATED SEPTEMBER 26, 2005, FOR THE PROJECT ENTITLED "CITYWIDE CANAL AND WATERWAY MAINTENANCE, 2ND BIDDING, B-30255," FOR A TWO-YEAR PERIOD, IN THE TOTAL AMOUNT NOT TO EXCEED $1,924,960, AS SET FORTH ON THE FORMAL BID DOCUMENT, ATTACHED AND INCORPORATED, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR City of Miami Page 58 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 PERIODS ; ALLOCATING FUNDS FROM PUBLIC WORKS GENERAL FUNDS ACCOUNT NO. 001000.311003.6.340; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-01427 Legislation.pdf 05-01427 Exhibit 1.pdf 05-01427 Exhibit 2.pdf 05-01427 Summary Form.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0735 Chairman Gonzalez: RE.2. Vice Chairman Winton: So moved. Commissioner Sanchez: Second for the purpose of discussion. Chairman Gonzalez: OK, we have a motion and we have a second. Discussion. You're recognized, Commissioner Sanchez. Commissioner Sanchez: Yes, Mr. Chairman. Just a little history on this bid. This bid went out the first time and it was awarded to a firm for a little more than $100, 000, and for whatever reasons, they cancelled the contract; it went out for a second bid. Public Works did the process. It came back for half a million dollars. At which time, everybody thought it was too high, and it was, I guess, cancelled, and it went back out again, and now we're bringing this contract now that is for $368, 000 for a one-time start-up cleaning, and it has, I believe, an additional three years? Two? Two for 778 for -- is it for both years? Stephanie Grindell (Director, Public Works): It's for three years. Commissioner Sanchez: That's -- Ms. Grindell: The 368,000? Commissioner Sanchez: No, the 300, that's a start-up. That's the one-year. Ms. Grindell: Right. Commissioner Sanchez: Then it has two more additional for 778, right? My concern is this -- Ms. Grindell: No, not really. OK. Vice Chairman Winton: I thought the whole thing's a million, nine. Commissioner Sanchez: I'm willing to support this. I'm sorry? Vice Chairman Winton: Isn't it a million, nine? Chairman Gonzalez: It's a million, nine. City of Miami Page 59 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Ms. Grindell: Yes. Commissioner Sanchez: Yeah. Vice Chairman Winton: Oh, OK, so -- Commissioner Sanchez: But my -- I'm for it. I know it needs to be done. Ms. Grindell: Um -hum. Commissioner Sanchez: The quicker, the better. However, I just want to know, is the additional contracts, is it optional? Ms. Grindell: It's an optional. Commissioner Sanchez: So, we could go ahead with the 368, 000 for the one time, and then next year, we'll have to revisit again; it's optional. Ms. Grindell: No, no, no. This is a two-year contract, with an option to renew three annual -- three times annually. Commissioner Sanchez: And is this the only company that could do that? Ms. Grindell: That we've been able to get successful bids on, yes, and the reason for the $368, 000 is because it has taken us so long to get a successful bid on this that the -- everything was so overgrown that we actually have to go and individually treat every single canal, and that's basically get us up to speed of where we should be to continue a routine maintenance plan. Commissioner Sanchez: All right. Chairman Gonzalez: I do have a question. How many cleanups are we going to have a year in these canals? Ms. Grindell: 1t varies on the individual canal, but for the most part, litter pickup and debris pickup will be on a monthly basis; mowing and trimming will be four times per year. Chairman Gonzalez: How many times? Commissioner Sanchez: Four times a year? Ms. Grindell: Four times per year. Clover cleaning will be every six months; spraying, every four months. Chairman Gonzalez: Spraying? Ms. Grindell: Spraying, yes, and I'm not quite sure about the debris removal. I'd have to check on that. Chairman Gonzalez: OK. The reason that 1 ask you is because Comfort Canal, I don't know what the problem is, and I've been saying it, you know, all the time; we need to find a long-term solution to this cleaning up of the canals because it's going to eat us up. They clean up that canal and two months later, it's in the same condition, and -- Ms. Grindell: Well, we do believe that this is a long-term solution to the Comfort Canal problem. City of Miami Page 60 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 RE.3 05-01429 Department of Economic Development Chairman Gonzalez.: It is? Ms. Grindell: Yes, we do. Chairman Gonzalez.: What about Wagner Canal? We have the same problem with Wagner Canal. Ms. Grindell: Yes, Wagner Creek also. This -- Chairman Gonzalez: All right. Ms. Grindell: -- actually covers many different locations throughout the City. Chairman Gonzalez: All right, OK. Commissioner Sanchez: All right. No further discussion on the item. Chairman Gonzalez: Right. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REDUCING THE NUMBER OF AFFORDABLE HOUSING UNITS REQUIRED TO BE BUILT BY WAGNER SQUARE, LLC., THE CURRENT OWNER OF THE PROPERTY FORMERLY OWNED BY THE CITY OF MIAMI AND KNOWN AS THE CIVIC CENTER SITE, LOCATED AT 1700 NORTHWEST 14TH AVENUE, MIAMI, FLORIDA ( "PROPERTY"), FROM 74 TO 52 AFFORDABLE HOUSING UNITS, WHICH NUMBER INCLUDES 24 WORKFORCE HOUSING UNITS, TO BE SOLD AS STATED HEREIN; AUTHORIZING THE CITY MANAGER EXECUTE THE AMENDED DECLARATION OF RESTRICTIONS, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE REQUIRED FOR IMPLEMENTATION OF THIS RESOLUTION, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 05-01429 Legislation.pdf 05-01429 Exhibit 1.pdf 05-01429 Exhibit 2.pdf 05-01429 Exhibit 3.pdf 05-01429 Exhibit 4.pdf 05-01429 Summary Form.pdf Motion by Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0736 Chairman Gonzalez: RE.3. I will pass the gavel. This is in my district. It's a project that has been pending for, I don't know, maybe three years, four years, and I hope that, finally, with this City of Miami Page 61 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 RE.4 05-01417 Department of Public Facilities/Asset Management action here today we'll see a building built, so I'm going to move this item. Vice Chairman Winton: We have a motion -- Chairman Gonzalez: It's R3 [sic]. Vice Chairman Winton: -- on RE.3 -- Commissioner Regalado: Second. Vice Chairman Winton: -- and a second on RE. 3. Otto. Otto Boudet-Murias: Commissioners, Otto Boudet-Murias, chief of Planning and Economic Development. This item before you is a modification to the affordable housing requirement. This property was owned by the City; was transferred pursuant to the purchase and sale agreement, dated March 2003. It was a contaminated site. The owner of the property — the current owner of the property has successfully completed the remediation. We have the No Further Action letter from DERM (Department of Environmental Resources Management) and now they're ready to proceed with the development of the project. Vice Chairman Winton: But would you put on the record also why we're reducing the number of affordable units? Mr. Boudet-Murias: Well, since May of 2003, construction costs have gone up significantly. After review of the pro forma of the project, it was clear that the project could not proceed with the original requirements of 79 affordable housing units. The reduction is to 52 affordable workforce housing units. Vice Chairman Winton: We have a motion and a second. Any further discussion? This is not a public hearing. Chairman Gonzalez: It's a resolution. Vice Chairman Winton: It's a resolution. Any further discussion from the Commission? If not, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. Chairman Gonzalez: Thank you, Mr. Vice Chair. RESOLUTION A RESOLUTION OF THE CITY OF MIAMI COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA; AUTHORIZING AN AWARD OF A CONTRACT TO MARINA POWER, INC., FOR THE PURCHASE OF SLIP UTILITY PEDESTALS, ELECTRICAL POWER TRANSFORMERS AND FIRE SUPPRESSION STATIONS, FOR DINNER KEY MARINA AND MIAMARINA, WHICH WERE DESTROYED OR LOST AS A RESULT OF HURRICANE WILMA, IN AN AMOUNT NOT TO EXCEED $62,412; ALLOCATING FUNDS City of Miami Page 62 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 FROM THE HURRICANE WILMA ACCOUNT CODE 800007.350603.6.670. 05-01417 Legislation.pdf 05-01417 Summary Form.pdf 05-01417 Memo.pdf 05-01417 Letter.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0737 Chairman Gonzalez: OK. RE.4 is a four -fifth. Yes. Vice Chairman Winton: Move it. Commissioner Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. It's a resolution. Discussion. None, OK All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: If you want to put something here on the record so we can -- Laura Billberry: Sure. Lori Billberry, Public Facilities. This is a resolution rating the Manager's finding of emergency; waiving competitive bidding, and authorizing award of a contract to Marina Power in the amount not to exceed 62,412, and this is for replacement of slip utility pedestals, electrical power transformers, and fire suppression systems at Dinner Key Marina, Miami Marina that were damaged during Hurricane Wilma. Chairman Gonzalez: Thank you. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. The motion carries. RE.5. Jorge L. Fernandez (City Attorney): That was, at least, a four -fifth vote because it did require a four -fifth vote. You didn't take a roll call, so the record reflects that it was -- Chairman Gonzalez: It was unanimous. Mr. Fernandez: -- a unanimous vote then. Priscilla A. Thompson (City Clerk): That is correct. Mr. Fernandez: All right. RE.5 05-01445 RESOLUTION City of Miami Page 63 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Department of Capital Improvement Programs/Transpor tation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE CONTRACT WITH MCM CORPORATION, FOR THE PROJECT ENTITLED "FLAGLER STREET MARKETPLACE STREETSCAPE, B-40667," IN AN AMOUNT NOT TO EXCEED $2,047,474.18, INCREASING THE CONTRACT FROM $9,112,046.50 TO $11,159;520.68, FOR ADDITIONAL WORK ; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NOS. 341139, 341140, 341184, 341330 AND FROM THE HURRICANE WILMA ACCOUNT NO. 800007.999301.6.860, FOR SAID PURPOSE. 05-01445 Legislation.pdf 05-01445 Exhibit 1.pdf 05-01445 Summary Form.pdf 05-01445 Previous Legislation.pdf 05-01445 Contract.pdf 05-01445 Corporate Resolution.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0738 Vice Chairman Winton: Move RE.5 for discussion. Commissioner Sanchez: Second for the purpose of discussion. Chairman Gonzalez: OK, we have a motion and we have a second. Discussion, Commissioner Winton -- Vice Chair Winton, you're recognized. Vice Chairman Winton: I think we have to put on the record what this cost increase is and why and what, so -- Mary Conway: Mary Conway, CIP (Capital Improvement Programs & Transportation). Vice Chairman Winton: I thought that was good English, but -- Ms. Conway: The item that's before you primarily deals with unforeseen work associated with the Flagler Street Marketplace. There are a lot of underground utilities along the Flagler Street Corridor. We have had issues associated with utility conflicts, with the existing mast arm foundations for the signal polls. There have also been issues associated with the underlayment material that was under the brick pavers that were there previously. Initially, this project anticipated removing the pavers that were there and putting the new granite right down on top of it. When we removed the paver materials, we realized that we did not have a smooth concrete surface under it. There're a lot of issues associated with having the correct slope on the sidewalk to meet ADA (Americans Disabilities Act) requirements, and also to match the existing manholes and utilities and other structures that are in the sidewalk, as well as match with the storefronts and the roll -down doors, so the item that's before you, the bulk of the dollars are associated with hidden or unforeseen work associated with the underlayment of the paver materials themselves, the utility conflicts, and also some replacement and adjusting of the business gates and doors. In addition, we have some minor damage to the signal system associated with Hurricane Wilma that's included in here, and we also overran what we anticipated to need for off -duty law enforcement. All of this work is being done at night, and we included in the original contract off -duty law enforcement, but we needed more beyond what was initially projected. City of Miami Page 64 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Chairman Gonzalez: All right. Vice Chairman Winton: And Mr. Chairman -- Chairman Gonzalez: Yes, sir. Vice Chairman Winton: -- I might add that this project is over 15 years in the making. Chairman Gonzalez: Um -hum. Vice Chairman Winton: It has been the most tortuous project, maybe, I've ever seen in my life, and for those of you have never had an opportunity to kind of peek under the ground on Flagler Street, there's probably no more complex street in the entire City of Miami than Flagler, with all of the utilities, the connectivity to the buildings along there. I mean, it is -- and unmapped. That's the other major issue. It's unmapped and so it is the worst place in -- maybe in South Florida to have to do anything that gets you below the surface, and so that's the unfortunate consequence of trying to do anything on Flagler Street, and hopefully, what we've done -- and I've seen it, and it's really looking good -- is going to be the last time -- well, it's probably been 50 years since we've done anything, so maybe it'll be another 50. Chairman Gonzalez: All right. Any further discussion? Hearing none, we had a motion and we had a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: It was a resolution. Motion carries. City of Miami Page 65 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 BOARDS AND COMMITTEES BC.1 03-0234 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Joe Sanchez 03-0234 memo.pdf 03-0234 members.pdf DEFERRED Chairman Gonzalez: OK, so that was Code Enforcement. Let's go back to Miami Street Codesignation Review Committee. Commissioner Winton. Vice Chairman Winton: BC.1. Chairman Gonzalez: BC.1. Vice Chairman Winton: I don't think I have anyone, do I? Priscilla A. Thompson (City Clerk): No. That's just Commissioner Sanchez. Chairman Gonzalez: That's only you. Commissioner Sanchez: Well, you know, it's getting harder and harder to get people -- Vice Chairman Winton: Right. Commissioner Sanchez: -- to want to serve these boards, and once they do, they show up for one or two meetings; they get so discouraged, they don't want to come back, so once again, as I stated in previous years, some of these boards need to be sunshined [sic]. If they're not meeting and we can't get people to join, I mean, we're going to have to set them aside and redo some of these boards. Vice Chairman Winton: Besides, we're not going to have any streets left to codesignate anyhow. We've about codesignated them all, so we're about run out. Commissioner Sanchez: You know, it's -- really, it's just for me, at least, it's getting harder and harder to get people to want to commit that their time and effort to a board here at the City, so I -- I'm going to defer, and I've been deferring this -- Chairman Gonzalez: OK. Commissioner Sanchez: -- for the longest time. Chairman Gonzalez: Commissioner Winton, you're going to defer or what? City of Miami Page 66 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Vice Chairman Winton: No, I don't have any. Chairman Gonzalez: No, you don't have any, right. Commissioner Sanchez: And I'm certainly just not going to appoint somebody to appoint somebody. Chairman Gonzalez: OK. Vice Chairman Winton: Great. BC.2 05-00411 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 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 NOMINATED BY: Chairman Joe Sanchez Vice Chairman Angel Gonzalez Chairman Gonzalez: BC.2, which is Parks Advisory Board. We have -- Vice Chairman Winton: You and Joe have appointments. Chairman Gonzalez: Joe, you have one. I'm deferring mine, so -- Commissioner Sanchez: I -- Vice Chairman Winton: Joe, you're deferring also? Commissioner Sanchez: -- don't have any. I defer also. Chairman Gonzalez: All right. BC.3 05-00474 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT FOR TERMS AS DESIGNATED HEREIN. City of Miami Page 67 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 05-00474 memo.pdf 05-00474 members.pdf 05-00474-nominations.pdf DEFERRED Vice Chairman Winton: On BC.3. Chairman Gonzalez: BC. 3, Committee on Beautification and Environment. Commission at -large has one appointment. Priscilla A. Thompson (City Clerk): On -- Chair. Chairman Gonzalez: To appoint the names submitted by Person two waivers are needed for this board. Ms. Thompson: That is correct. On BC. 3, we have actually a list of 15 individuals who were nominated -- Chairman Gonzalez: OK. Ms. Thompson: -- and what we would need, if the Commission wants to vote on all of those nominations, we need to do that, as well as ask that you also work into that motion your waiver of term limits, which is a five/five unanimous vote, and waiver of residencies. Vice Chairman Winton: On which one? Ms. Thompson: On BC.3. Chairman Gonzalez: BC. 3. Vice Chairman Winton: Oh. Commissioner Sanchez: Madam Clerk, couldn't you combine all those waivers into one? Ms. Thompson: Well, the term limit waiver is a five/five vote, a complete unanimous vote -- Commissioner Sanchez: A complete unanimous vote -- Ms. Thompson: -- five out of five -- Commissioner Sanchez: -- so we couldn't do that. Ms. Thompson: -- so we couldn't do that one now anyway because you only have four individuals on the dais. Commissioner Sanchez: Any of the names proffered require that waiver? Ms. Thompson: Yes. We have -- Commissioner Sanchez: OK, so -- Ms. Thompson: -- eight of them that require a term limit waiver. City of Miami Page 68 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Commissioner Sanchez: -- we can't vote on that issue. Ms. Thompson: Not on that issue, no. Commissioner Sanchez: Next one. Chairman Gonzalez: Might as well defer. BC.4 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 Chairman Gonzalez.: BC.4, Nuisance and Abatement. Commissioner Sanchez, you have an appointment. Commissioner Sanchez: Well, I need a waiver also of term limit, right? Priscilla A. Thompson (City Clerk): That is -- Commissioner Sanchez: It requires a fifth -- Ms. Thompson: -- correct. Chairman Gonzalez.: Then we can't vote on it. Commissioner Sanchez: -- so we can't vote on it. BC.5 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: NOMINATED BY: Vice Chairman Angel Gonzalez Commissioner Johnny Winton City of Miami Page 69 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 05-00494 memo.pdf 05-00494 members.pdf DEFERRED Chairman Gonzalez: OK. BC.5, Commissioners Winton -- Vice Chair Winton, you have one appointment. Vice Chairman Winton: BC.5. Chairman Gonzalez: Waterfront Advisory Board Vice Chairman Winton: I'm going to defer. BC.6 05-00785 RESOLUTION Office of the City Clerk 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 DEFERRED Chairman Gonzalez: BC.6, Coconut Grove Business Improvement Committee. City of Miami Page 70 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Vice Chairman Winton: Yeah, I'm going to -- we've got an interesting meeting coming up. I'm going to defer till after that upcoming meeting. BC.7 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. APPOINTEE: NOMINATED BY: Commissioner Michelle Spence -Jones 05-00795 memo.pdf 05-00795 members.pdf 05-00795-resignation. pdf DEFERRED Chairman Gonzalez: BC. 7. Commissioner Spence -Jones: I'm deferring. I'm deferring all -- Chairman Gonzalez: You want -- Commissioner Spence -Jones: -- of my appointments. Chairman Gonzalez: -- to defer? Commissioner Spence -Jones: Yeah. Chairman Gonzalez: OK. BC.8 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) Vice Chairman Angel Gonzalez Vice Chairman Angel Gonzalez Chairman Joe Sanchez City of Miami Page 71 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Commissioner Tomas Regalado (Architect) 05-00796 memo.pdf 05-00796 members.pdf 05-00796-applications.pdf DEFERRED Chairman Gonzalez: BC.8, Historic Environmental Preservation Board. Commissioner Sanchez: I have one, but it's also going to require a unanimous waiver of term -- Chairman Gonzalez: So, I'm deferring mine, too. Commissioner Sanchez: -- and these are the people that want to serve. I mean, these are the people that -- Vice Chairman Winton: I know. Commissioner Sanchez: -- want to continue to serve. BC.9 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 Loretta Cockrum DDA Board of Directors Jorge Perez DDA Board of Directors 05-00833 memo.pdf 05-00833 members.pdf 05-00833-nominations.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-05-0746 A motion was made by Commissioner Sanchez, seconded by Vice Chairman Winton, and was City of Miami Page 72 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 passed unanimously, with Commissioner Regalado absent, to confirm the appointments of Carlos Migoya, Loretta Cockrum, and Jorge Perez as members of the Downtown Development Authority (DDA). Chairman Gonzalez: All right, so that's it. That's what I have on the agenda -- on my agenda. Vice Chairman Winton: No. Don't we have -- Priscilla A. Thompson (City Clerk): BC.9. Vice Chairman Winton: I got BC.9. Chairman Gonzalez.: OK, Downtown Development Authority. Ms. Thompson: Right -- Vice Chairman Winton: Yes, and -- Ms. Thompson: -- and that one, the Authority has proffered the names, but we do have one name there that's proffered that will need a term limit waiver. Vice Chairman Winton: Which one? Commissioner Sanchez: All right. Who has -- Chairman Gonzalez: That's a unanimous vote. Commissioner Sanchez: -- what are the names that are proffered, Commissioner Winton? Vice Chairman Winton: The names proffered by the Downtown Development Authority Board are Carlos Migoya, Sergio Rok, Loretta Cockrum, and Jorge Perez. Commissioner Sanchez: Who's the one that needs the waiver? Ms. Thompson: Sergio Rok. Vice Chairman Winton: So, we'll pull him off. Commissioner Sanchez: All right, let's cut -- let's put him off, and then let's vote -- I so move on the other three. Vice Chairman Winton: Second the motion. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say aye. II The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Commissioner Sanchez: Now, the other individual who requires a waiver, we don't have the votes. Chairman Gonzalez: We don't have the -- City of Miami Page 73 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Vice Chairman Winton: Right -- Commissioner Sanchez: All right. Chairman Gonzalez: -- we don't have -- Vice Chairman Winton: -- so we do it -- yes. BC.10 05-00850 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Roger Fry Vice Chairman Johnny Winton Robert Behar Commissioner Joe Sanchez Ernesto Santos Commissioner Joe Sanchez 05-00850 memo.pdf 05-00850 members.pdf 05-00850-applications.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-05-0747 A motion was made by Commissioner Sanchez, seconded by Vice Chairman Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Roger Fry, Robert Behar, and Ernesto Santos as members of the Urban Development Review Board. Chairman Gonzalez.: All right, BC.10, Urban Development Review Board. Commissioner Sanchez: Commissioner Winton. Vice Chairman Winton: Yes. I would like to reappoint Roger Fry, who does not need a term waiver, but I can't reappoint the next because he does -- Commissioner Sanchez: All right. Vice Chairman Winton: -- so I would move Roger Fry's -- Commissioner Sanchez: Nah, let's — Vice Chairman Winton.' -- reappointment. City of Miami Page 74 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Commissioner Sanchez: -- let me proffer some names, too, and we'll do it in one, that don't require a waiver, Madam Clerk, so I -- Priscilla A. Thompson (City Clerk): Correct. Commissioner Sanchez: -- could see you smile. All right, I would proffer Robert Behar and Ernesto Santos. Chairman Gonzalez: All right. We have a motion and -- I'm going to need a second. Vice Chairman Winton: Second. Chairman Gonzalez: -- a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. BC.11 05-01364 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Rodolfo Lleonart Commissioner Joe Sanchez David Berley Vice Chairman Johnny Winton 05-01364 memo.pdf 05-01364 members.pdf 05-01364 castillo vacancy.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-05-0748 A motion was made by Vice Chairman Winton, seconded by Commissioner Sanchez, and was passed unanimously, with Commissioner Regalado absent, to appoint Rodolfo Lleonart and David Berley as members of the Finance Committee. Chairman Gonzalez: All right. Commissioner Sanchez: BC.11. Chairman Gonzalez: BC.11. Commissioner Sanchez: I have a name to proffer. Rodolfo -- Chairman Gonzalez: Finance Committee. City of Miami Page 75 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Commissioner Sanchez: -- Lleonart. Vice Chairman Winton: And I have David Berkley, reappoint -- David Berley, reappointment. Chairman Gonzalez: All right. We need a second for the names proffered on both -- Vice Chairman Winton: I move both names. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say „aye..' The Commission (Collectively): Aye. Commissioner Sanchez: Madam Clerk, for the record, did you get that name? Rodolfo, and I'll spell the last name for you. L-L-E-O-N-A-R-T. Priscilla A. Thompson (City Clerk): Thank you. BC.12 05-01365 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: Vice Chairman Angel Gonzalez 05-01365 memo.pdf 05-01365 members.pdf DEFERRED Chairman Gonzalez: All right. BC.12, that's Virginia Key -- Vice Chairman Winton: I think that's only you. Chairman Gonzalez: -- Beach Trust. Priscilla A. Thompson (City Clerk): That's yours. Chairman Gonzalez: Huh? Vice Chairman Winton: That's yours. Chairman Gonzalez: Yeah, but I'm deferring. BC.13 05-01366 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION FOR TERMS AS DESIGNATED City of Miami Page 76 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 HEREIN. APPOINTEES: 05-01366 memo.pdf 05-01366 members.pdf DEFERRED NOMINATED BY: Chairman Joe Sanchez Vice Chairman Angel Gonzalez Commissioner Michelle Spence -Jones Mayor Manuel A. Diaz Mayor Manuel A. Diaz Chairman Gonzalez: So, let's go to BC.13, Occupational License Equity Study Commission. Commissioner Sanchez. Commissioner Sanchez: Defer. Chairman Gonzalez: OK. I don't have anything from the Mayor, and I'm deferring mine, too, and Commissioner Spence -Jones -- Commissioner Spence -Jones: I'm deferring on -- yeah. Chairman Gonzalez: -- is also deferring, so the item is going to be deferred. BC.14 05-01367 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS REGULAR MEMBERS AND ONE ALTERNATE MEMBER OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Steven Baird Vice Chairman Johnny Winton (Regular Member, term expires February 12, 2006) Luis Carlos Alvares Commissioner Joe Sanchez (Regular Member, term expires February 13, 2007) Mike Suarez Commission At -Large (Alternate Member, term expires February 13, 2007) Eduardo Moralejo Commission At -Large (Alternate Member, term expires February 13, 2007) City of Miami Page 77 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 05-01367 memo.pdf 05-01367 members.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0739 A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unanimously, to appoint Mike Suarez as an alternate member of the Code Enforcement Board. A motion was made by Vice Chairman Winton, seconded by Commissioner Sanchez, and was passed unanimously, with Commissioner Regalado absent, to appoint Steven Beard and Luis Carlos Alavares as members of the Code Enforcement Board. A motion was made by Vice Chairman Winton, seconded by Commissioner Sanchez, and was passed unanimously, with Commissioner Regalado absent, to appoint Eddy Moralejo as an at -large alternate member of the Code Enforcement Board. Chairman Gonzalez: All right. Now, we're going to go to board appointments. Commissioner Regalado has to leave, and he have asked if we can hear the Code Enforcement. Commissioner Regalado: Yes. Mr. Chairman, I would defer all the other appointments, but 1 do have for an alternate Mike Suarez in the Code Enforcement Board. Chairman Gonzalez: OK. Commissioner Regalado: So move. Vice Chairman Winton: Second. Chairman Gonzalez.: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. The motion carries. All right. Vice Chair Winton, board appointments. Vice Chairman Winton: We have -- what am I appointing, Steven Beard? Yes. He's a reappointment, right? So, 1 move to reappoint Steven Beard. Priscilla A. Thompson (City Clerk): I'm sorry. Chair, may I have just a point of clarification here? We're still on BC.14, is it? Chairman Gonzalez: Yes, on -- Vice Chairman Winton: Oh. Chairman Gonzalez: -- Code Enforcement. Ms. Thompson: OK Commissioner Sanchez: 1-- City of Miami Page 78 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Vice Chairman Winton: Well, that's what I was assuming. Chairman Gonzalez: Yeah, let's do Code Enforcement, and then we'll go back to the -- Ms. Thompson: I just need to make a correction for you, please, for the record. Under BC. 14, our office listed that you would have one, two, three, four reg -- well, actually, five regular appointments. It should be four regular and two alternates, OK, so you have four regular appointments, two alternates, but it's still six members to the board. Chairman Gonzalez: All right. Commissioner Sanchez: All right. Vice Chairman Winton: So, I'm moving to reappoint Steven Beard Chairman Gonzalez: All right. We have a motion. Commissioner Sanchez: Well, why don't we do all together? I mean, 1 believe Commissioner -- Chairman Gonzalez: I'm going to defer all of my appointments. Commissioner Sanchez: -- Spencer -Jones [sic] -- Commissioner Spence -Jones: I want to -- Commissioner Sanchez: -- also? Commissioner Spence -Jones: I'd like to -- yes. Commissioner Sanchez: So, let's do mine and Johnny's together. I don't think mine -- does mine need a waiver? I don't believe he needs a waiver. Luis Carlos Alvarez. Chairman Gonzalez: That's for Code Enforcement also, right? Commissioner Sanchez: Yes. Vice Chairman Winton: Could I ask another question, by the way? I'm curious. Chairman Gonzalez: Yes, sir. Vice Chairman Winton: I wrote it on my notes; wasn't looking here. These appointments up -- aren't up until February; why are we seeing them at this meeting? Ms. Thompson: Some -- most of them that you see there, they have excessive absences; therefore, you have to reappoint them with a waiver of their prior absence. Vice Chairman Winton: It doesn't say that on my schedule. It says regular member term expires February 12, 2006 on all these. Ms. Thompson: If you look at your backup documentation, we gave the name of the individual, and who has had -- either they resigned or they have excessive absences. Vice Chairman Winton: Well, it'd be better if you put in on the summary also, so we -- because if that's all I'm reading -- there is no indication, reading the agenda form, that I've got some other issue, other than their term's expired -- City of Miami Page 79 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Ms. Thompson: I just need -- Vice Chairman Winton: -- and 1 don't go to that, unless there's something on here that makes me want to go look at it. Ms. Thompson: That's the resolution. Vice Chairman Winton: What? Ms. Thompson: What you're looking at is the actual legis -- Vice Chairman Winton: 1 know what I'm looking at. This is the -- this is the -- this is in my agenda section. Ms. Thompson: Correct. Vice Chairman Winton: This is what I look at, and so this is what triggers me to have to go in and do research, if I want to. There's nothing on here that suggests that I ought to be looking at anything, other than the fact that all these expire on the 12th of February. Ms. Thompson: So, you want that summary information there? Vice Chairman Winton: I mean, something has to be here that makes me want to go look at it. Ms. Thompson: OK. Vice Chairman Winton: Sorry. Commissioner Sanchez: All right. Chairman Gonzalez: You're done? Vice Chairman Winton: Yeah, I'm done. Commissioner Sanchez: There are two names proffered. Chairman Gonzalez: We have two names proffered. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. Vice Chairman Winton: Mr. Chairman -- Chairman Gonzalez: Yes, sir. Vice Chairman Winton: -- could we come back to BC.14? Chairman Gonzalez: BC.14, that's where we're at now. Vice Chairman Winton: There's an appoint -- we did this earlier, but there's an appointee -- an at -large appointee who's got excessive absences -- City of Miami Page 80 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Chairman Gonzalez: OK. Vice Chairman Winton: -- and there's a recommendation from the Manager's Office to appoint Edy Morelejo to replace the at -large appointee who has excessive absences -- Chairman Gonzalez: All right. Vice Chairman Winton: -- so I would move that. Commissioner Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. Motion carries. BC.15 05-01368 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUALS AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Eldred Garcia Vice Chairman Johnny Winton 05-01368 memo.pdf 05-01368 members.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-05-0749 A motion was made by Vice Chairman Winton, seconded by Commissioner Sanchez, and was passed unanimously, with Commissioner Regalado absent, to appoint Eldred Garcia as a member of the Community Technology Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths fths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Eldred Garcia as a member of the Community Technology Advisory Board. Chairman Gonzalez: BC.15, Community Technology Advisory. Vice Chairman Winton: I would reappoint Eldred Garcia. Chairman Gonzalez.: All right. Commissioner Sanchez. Commissioner Sanchez: Defer. Chairman Gonzalez: And I'll -- will defer, so we need a second for Vice Chair Winton. City of Miami Page 81 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Commissioner Sanchez: So move -- second. Priscilla A. Thompson (City Clerk): But -- Chairman Gonzalez: All right. Ms. Thompson: On that one, Mr. Garcia does need a waiver of absences. Vice Chairman Winton: OK -- Chairman Gonzalez: So, we -- Vice Chairman Winton: -- so -- Chairman Gonzalez.: -- have to defer it. Vice Chairman Winton: No, only a waiver of absence. Commissioner Sanchez: With -- Ms. Thompson: Correct, that's four -fifths. Chairman Gonzalez.: Oh, of absence -- Vice Chairman Winton: That's four -- yeah, yeah. Chairman Gonzalez: -- OK. Ms. Thompson: Four -fifths. Vice Chairman Winton: Four, right. Chairman Gonzalez: All right. All in favor, say "aye. The Commission (Collectively): Aye. Vice Chairman Winton: With waiver. Chairman Gonzalez: So, he got the waiver. BC.16 05-01369 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: Yvonne Mc Donald Vice Chairman Johnny Winton Laura Rodriguez Vice Chairman Johnny Winton City of Miami Page 82 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 05-01369 memo.pdf 05-01369 members.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-05-0750 A motion was made by Vice Chairman Winton, seconded by Commissioner Sanchez, and was passed unanimously, with Commissioner Regalado absent, to appoint Yvonne McDonald and Laura Rodriguez as members of the Equal Opportunity Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Yvonne McDonald as a member of the Equal Opportunity Advisory Board and further waiving the residency requirements in Section 2-884(a) of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to Laura Rodriguez as a member of the Equal Opportunity Advisory Board. Chairman Gonzalez: BC. 16, Equal Opportunity Advisory Board. Vice Chairman Winton: I would reappoint Yvonne McDonald, who needs a waiver of absence, and Laura Rodriguez, who needs a residence waiver. So moved. Chairman Gonzalez: All right. We have a motion. Do I hear a second? Commissioner Sanchez: Second Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. I'm deferring. Commissioner Sanchez. Commissioner Sanchez: BC. 17? Unidentified Speaker: Yes. Chairman Gonzalez: 16, Equal Opportunity Advisory Board. Commissioner Sanchez: Defer. Chairman Gonzalez: All right. BC.17 05-01216 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Teresa Zorrilla-Clark Commissioner Sanchez City of Miami Page 83 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Helena del Monte Commissioner Sanchez 05-01216 memo.pdf 05-1216 members.pdf 05-01216 nominations.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-05-0756 A motion was made by Commissioner Sanchez, seconded by Vice Chairman Winton, and was passed uanimously, with Commissioner Regaldo absent, to appoint Helena del Monte and Teresa Zorilla-Clark as members of the Community Relations Board (CRB). Chairman Gonzalez: So, BC.17, Community Relations Board. Commissioner Sanchez: 1 have two -- well, Commissioner Winton, you're first. Chairman Gonzalez: Commissioner Winton -- Vice Chair Winton. Vice Chairman Winton: What are we on? I'm sorry. Chairman Gonzalez: Community Relations -- Commissioner Sanchez: BC.17. Chairman Gonzalez: -- Board, 17. Vice Chairman Winton: No, I don't have -- I'm deferring. Commissioner Sanchez: 'would proffer two names: Helena Del Monte and Teresa Zorrilla Clarke. Vice Chairman Winton: Second. Chairman Gonzalez: OK, we have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. BC.18 05-01461 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk CITY MANAGER'S APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Neil Hall City Manager Joe Arriola City of Miami Page 84 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 (for unexpired term ending May 9, 2006) Crystal Connor -Lane, Esq. City Manager Joe Arriola (for unexpired term ending May 9, 2006) Ronda Vangates City Manager Joe Arriola (for unexpired term ending March 14, 2006) 05-01461 memo.pdf 05-01461 members.pdf 05-01461 nominations.pdf 05-01461- Bio Neil Hall.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-05-0751 A motion was made by Commissioner Sanchez, seconded by Vice Chairman Winton, and was passed unanimously, with Commissioner Regalado absent, to confirm the City Manager's nominations of Neil Hall, Ronda Vangates, and Crystal Connor -Lane as members of the Model City Revitalization District Trust. Chairman Gonzalez: All right. BC.18, Model City Community Revitalization District Trust. Joe Arriola (City Manager): As you know, those are Manager's appointment, and I'm delighted and honored to be appointing Neil Hall, Rhonda Vangates, and Crystal Connor Lane. Chairman Gonzalez: All right. Commissioner Sanchez: So moved. Vice Chairman Winton: Second. Commissioner Spence -Jones: Oh, second. Chairman Gonzalez: We have a motion and we have a second. Commissioner Spence -Jones. Yes. Chairman Gonzalez.: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Commissioner Sanchez: Madam Clerk did you get -- ? Priscilla A. Thompson (City Clerk): Yes, sir, we did. Thank you. City of Miami Page 85 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 DISCUSSION ITEMS DI.1 05-00927 DISCUSSION ITEM Office of Strategic DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET Planning, OUTLOOK. Budgeting, and Performance / Department of Finance 05-00927 Summary Form.pdf DEFERRED Chairman Gonzalez: Now, we have D1.1, financial update and budget outlook. 1 understand that's been deferred Joe Arriola (City Manager): Yes. Chairman Gonzalez: OK. DI.2 05-01099 DISCUSSION ITEM Office of the City ANNUAL REPORT OF ACCOMPLISHMENTS AND PROJECTIONS FOR Attorney THE OFFICE OF THE CITY ATTORNEY. 05-01099 Email.pdf DEFERRED Chairman Gonzalez: The annual report from the City Attorney. Joe Arriola (City Manager): That is also being deferred to the second meeting in January. DI.3 05-01457 DISCUSSION ITEM Office of the City DISCUSSION AND POSSIBLE RESOLUTION REGARDING A POSSIBLE Attorney SETTLEMENT IN THE MATTER OF NATIONAL ADVERTISING V. CITY OF MIAMI. (BILLBOARD LITIGATION). 05-01457 Email.pdf WITHDRAWN Chairman Gonzalez: OK, and D1.3, the possible settlement of National Advertising. Jorge L. Fernandez (City Attorney): No dice on that one. That needs to be pulled indefinitely. Chairman Gonzalez: All right, so that concludes the regular agenda. Commissioner Sanchez: All right. What's the will of -- Chairman Gonzalez: We should be back at 2: 30 for the PZ (Planning & Zoning) items. City of Miami Page 86 Printed on 1/6/2006