Loading...
HomeMy WebLinkAboutCC 2006-01-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Meeting Minutes Thursday, January 12, 2006 9:00 AM REGULAR 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 January 12, 2006 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS SS - SPECIALLY SCHEDULED ITEMS PH - PUBLIC HEARINGS FR - FIRST 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. 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 12th day of January 2006, 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 Angel Gonzalez at 9: 34 a. m and adjourned at 11:49 a.m. ALSO PRESENT: Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Chairman Gonzalez: Good morning, ladies and gentlemen. We're going to call this meeting to order. The City Commission meeting is -- welcome to the City Commission of January 12, 2006, meeting of the City of Miami Commission. The members of the City Commission are Joe City of Miami Page 2 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Sanchez, Tomas Regalado, Michelle Spence -Jones, Johnny Winton, Vice Chairman, and Angel Gonzalez, Chairman. Also on the dais are Joe Arriola, City Manager, Jorge L. Fernandez, the City Attorney, and Priscilla Thompson, the City Clerk. The meeting will be opened with a prayer by Commissioner Joe Sanchez, and by your pledge of allegiance by Commissioner Spence -Jones. Please rise for the invocation. Invocation and pledge of allegiance delivered. ORDER OF THE DAY Chairman Gonzalez:: We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Good morning, Mr. Chairman and Commissioners. Any person who is a lobbyist must register with the City Clerk before appearing in front of the City Commission. A copy of the code section about lobbyists is available in the City Clerk's office. The material in connection with each item appearing on the agenda is available for inspection during business hours at the City Clerk's office and also on-line. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four -fifth vote. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely no cell phones, beepers, or other audible sound or ringing devices are permitted in Commission chambers. Please silence those devices now. Any person making impertinent or slanderous remarks, or who becomes loud while addressing the Commission shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or Commissioner will be allowed. No signs or placards are allowed in the chambers. Persons exiting the Commission chamber shall do so quietly. Persons may address the City Commission on items appearing on the public hearings portion of the agenda and on items where public input is solicited. Those wishing to speak should inform the City Clerk as soon as possible of his/her -- his or her desire to speak, giving the City Clerk his or her name. At the time the item is heard, that person should approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk and provisions would be made for you. You should know that there will be a lunch recess, which will begin at the conclusion of deliberation of the agenda item being considered at noon, and the meeting will end promptly at either the conclusion of deliberation of the agenda item being conducted or being considered at 10 p.m., or at the conclusion of the regularly scheduled agenda, whichever occurs first. The items will be heard in the numbered sequence on the agenda, except for the items which are time certain and include FR.1, which must be heard before noon, public hearings 9, 10, 11, and 12, which will be heard at 10:30 sharply. You should also know that the Mayor will appear to speak on his items, M.1 and M.2, and that these items are being modified by just changing the (UNINTELLIGIBLE) center that appears in the resolution. Furthermore, you should know that the City Manager has removed from the agenda consideration of consent item number 13, public hearing number 11, and BC -- those are appointments by this Commission -- BC. 4. Mr. Chairman. Chairman Gonzalez: Thank you, Mr. City Attorney. Now, we're going to go into the consent agenda. Do we have -- ? No. First of all, we need to do the minutes. PRESENTATIONS AND PROCLAMATIONS PR.1 06-00045 CEREMONIAL ITEM Name of Honoree Presenter Protocol Item City of Miami Page 3 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 N. Patrick Range Commissioner Spence -Jones Commendation The Liberty City Optimist Club Commissioner Spence -Jones Commendation 06-00045 Cover Page.pdf 06-00045 Protocol.pdf 1. Commissioner Spence -Jones presented N. Patrick Range, former chairman of the Model City Revitalization Trust, with a commendation for his outstanding work with the Trust and for being a hardworking citizen of the City of Miami. 2. Commissioner Spence -Jones presented a salute to the Liberty City Optimist Club for their accomplishment as winners of the Pop Warner National Championships, and for their outstanding committment to the welfare of youth in South Florida. Chairman Gonzalez: Thank you. You may be seated Now, we'll -- we will go to the presentations and proclamations. 1 understand that Commissioner Spence -Jones have some proclamations. Presentations made. MAYORAL VETOES (Pursuant to Section 4(q)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) NO MAYORAL VETOES Priscilla A. Thompson (City Clerk): Actually, we -- I'm sorry, Chair. We need to make sure that we take note that there are no mayoral vetoes. Chairman Gonzalez: All right. Do we have any mayoral vetoes? Commissioner Sanchez: No. Chairman Gonzalez: We don't. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Special and Planning and Zoning Meetings of December 1, 2005 Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: OK, so let's go to the approval of the minutes of the following meeting, the special and planning and zoning meetings of December 1, 2005. Vice Chairman Winton: So move. Commissioner Sanchez: So move. Vice Chairman Winton: Second. Chairman Gonzalez: OK. We have a motion and we have a second. All of those in favor, say "aye. " The Commission (Collectively): Aye. City of Miami Page 4 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Chairman Gonzalez: Those opposed have the same right. Motion carries. City of Miami Page 5 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 CA.1 05-01424 RESOLUTION Department of Public Facilities CONSENT AGENDA A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBMERGED AREA PERMANENT MAINTENANCE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, ON CITY OF MIAMI ("CITY") OWNED SUBMERGED PROPERTY ABUTTING WATSON ISLAND, TO FLAGSTONE ISLAND GARDENS, LLC, TO PROVIDE FOR THE INITIAL AND SUBSEQUENT DREDGING OF APPROXIMATELY 4.85 ACRES OF SUBMERGED LAND, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF DREDGING ACTIVITIES FOR THE BENEFIT OF THE CITY, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 05-01424 Legislation.pdf 05-01424 Exhibit 1.pdf 05-01424 Exhibit 2.pdf 05-01424 Exhibit 3.pdf 05-01424 Exhibit 4.pdf 05-01424 Exhibit 5.pdf 05-01424 Exhibit 6.pdf 05-01424 Exhibit 7.pdf 05-01424 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0001 CA.2 05-01488 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police CONTINUED FUNDING OF PROTRACTED COMPLEX INVESTIGATIONS, IN AN AMOUNT NOT TO EXCEED $100,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002 AND 690003, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF JUSTICE AND TREASURY'S "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATUTES, SECTION 932.7055, AS AMENDED. 05-01488 Legislation.pdf 05-01488 Summary Form.pdf 05-01488 Affidavit.pdf Motion by Commissioner Spence -Jones, 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-06-0012 Chairman Gonzalez: Commissioner Spence -Jones, you have -- City of Miami Page 6 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Commissioner Spence -Jones: CA.2. Chairman Gonzalez: -- CA.2, right? Commissioner Spence -Jones: Yeah. Yeah, I just -- I'm just really trying to just get some clarity, and I think 1 might have, but I just want to make sure regarding the Protracted Complex Investigations, the amount of $100, 000, coming from the Law Enforcement Trust Fund. 1 just -- this current week we just had a press conference regarding the drug czar being here in Overtown, launching the new drug strategy. My question, which I think the chief kind of cleared up, but I just want to, from the trust fund standpoint, make sure that the -- some of the funding will be set aside for the new drug strategy to assist with drug prevention programs for young people in the area. Chief John Timoney: Good morning, Commissioners. I'm John Timoney, the chief of Police. With me is Adam Burden, the chief of Administration. Regarding the Law Enforcement Trust Fund, just a few short years ago, the Miami Police Department, on a yearly basis, received around $6 million, and so it had the ability to fund not only in-house programs, such as PAL (Police Athletic League) and Do the Right Thing, but also community programs, anti -drug programs. Unfortunately, that $6 million a year has dropped down over the last three years, and so, for example, last year we got a total of $900, 000, and there is no expectation in the future of that going up. As a matter of fact, it will probably go down. We do fund, however, out of that 900, 000, there's a requirement out of the federal forfeiture that we spend 15 percent in prevention. We spend more than that financing the PAL program and the Do the Right Thing program. There simply is no other monies available. The $100, 000 you see for the confidential investigations used to be 300, 000. Up till last year, we used to pay for all the rental vehicles. We no longer pay for the rental vehicles; the City Administration has to pick up that tab, and so, unfortunately, the -- that reservoir of good money that we had years ago no longer exists. Commissioner Spence -Jones: OK. Chief Timoney: Adam? Adam Burden (Assistant Chief Police): No, that's it. Commissioner Spence -Jones: 1 guess that's about it, so -- if -- I don't know if maybe, perhaps, I could have a conversation with the City Manager -- Joe Arriola (City Manager): Absolutely. Commissioner Spence -Jones: -- as we get ready to launch this initiative. It seems to be a great strategy, but I just don't want all the attention focused on the end result, so whatever we need to do on our end to kind of prevent some of those things from happening, 1 would -- I'd like to see us doing that. Mr. Arriola: Thank you. We'll do that. Commissioner Sanchez: So move. Chairman Gonzalez: Any further -- Commissioner Spence -Jones: So move. Chairman Gonzalez: -- discussion? City of Miami Page 7 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 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.: Motion carries. OK. That concludes the consent agenda, and before closing the consent agenda, 1 want to announce that CA.13 has been pulled by the Administration; is that correct? Mr. Arriola: Yes, sir. Chairman Gonzalez: OK, so that concludes the -- Mr. Arriola: (UNINTELLIGIBLE). Chairman Gonzalez: -- consent agenda. CA.3 05-01489 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Fire -Rescue SPECIAL REVENUE FUND ENTITLED: "AMERICAN HEART ASSOCIATION CONTRIBUTION FUND, FISCAL YEAR 2005" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $25,000, CONSISTING OF GRANT FROM THE AMERICAN HEART ASSOCIATION, TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO ACQUIRE ELEVEN (11) AUTOMATIC EXTERNAL DEFIBRILLATORS TO BE PLACED IN THE CITY OF MIAMI ("CITY") POLICE VEHICLES AND TO PROVIDE HANDS -ON -TRAINING AND MATERIAL TO CITY PERSONNEL; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 05-01489 Legislation.pdf 05-01489 Summary Form.pdf 05-01489 Grant Award Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0002 CA.4 05-01491 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A BOAT SHOW AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH NMMA BOAT SHOWS, INC., FOR THE USE OF DOCKAGE SPACE AT MIAMARINA AT BAYSIDE FROM FEBRUARY 12 - 23, 2006, FOR THE PRESENTATION OF THE STRICTLY SAIL VENUE OF THE MIAMI INTERNATIONAL BOAT SHOW, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 05-01491 Legislation.pdf 05-01491 Exhibit.pdf 05-01491 Summary Form.pdf City of Miami Page 8 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0003 CA.5 05-01492 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. 04-05-121, THAT THE MOST QUALIFIED FIRMS TO PROVIDE AND ADMINISTER THE PROMOTIONAL EXAMINATION PROCESSES FOR THE CLASSIFICATIONS OF FIRE LIEUTENANT, FIRE CAPTAIN, AND CHIEF FIRE OFFICER FOR THE DEPARTMENT OF EMPLOYEE RELATIONS IN RANK ORDER ARE: (1) EB JACOBS, LLC, (2) FIELDS CONSULTING GROUP, INC., AND (3) BARRETT AND ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH EB JACOBS, LLC., THE TOP -RANKED FIRM, FOR AN INITIAL PERIOD OF TWO YEARS, AT A FIRST TWO-YEAR PERIOD COST NOT TO EXCEED $345,553, WITH AN OPTION TO RENEW FOR TWO ADDITIONAL TWO-YEAR PERIODS; AT A COST NOT TO EXCEED $362,830.65, FOR THE FIRST TWO-YEAR PERIOD EXTENSION AND AT A COST NOT TO EXCEED $380,972.18, FOR THE SECOND TWO-YEAR PERIOD EXTENSION; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGET OF THE DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NO. 001000.280601.6.270, FOR THE CURRENT FISCAL YEAR 2005-2006, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. 05-01492 Legislation.pdf 05-01492 Exhibit 1.pdf 05-01492 Exhibit 2.pdf 05-01492 Exhibit 3.pdf 05-01492 Exhibit 4.pdf 05-01492 Summary Form.pdf 05-01492 Classification Totals.pdf 05-01492 Memo.pdf 05-01492 Summary Table.pdf 05-01492 Memo 2.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-06-0031 A motion was made by Vice Chairman Winton, seconded by Commissioner Regalado, and was passed unanimously, to table the discussion on Item CA.5 until the afternoon. City of Miami Page 9 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Direction to the Administration by Vice Chairman Winton to provide him with the number of employees that participate in the annual examination processes for the classifications of Fire Lieutenant, Fire Captain, and Chief Fire Officer. Chairman Gonzalez.: Commissioner Winton, you're recognized, sir. Vice Chairman Winton, I'm sorry. Vice Chairman Winton: CA.5. Is the Fire Chief here? Chairman Gonzalez: CA.5? Vice Chairman Winton: Yeah. Chairman Gonzalez: And CA.12. Vice Chairman Winton: And CA.12; they're both from Department of Fire -Rescue. Chairman Gonzalez: You're recognized, sir. Vice Chairman Winton: My question -- because I'm trying to understand -- not that I have any quarrel over what we're doing because I understand that's what we need to do, but it -- but 1 was looking at the amount we're paying for this testing, and it says to administer the test for fire lieutenants, fire captains, chief fire officers, and my question is how many in total of those classifications do we have, and how many promotions are we going to have each year that are impacted by those three classifications? Maurice Kemp: Maurice Kemp, Deputy Fire Chief. In answer to the first question, Commissioner, we have 139 lieutenants, 60 captains, 14 chiefs, and 13 appointed staff positions in the Fire Department, and in accordance to the labor contract, we have to have a register in place within 30 days of a vacancy, or when we do get a register and we do promote, we will start paying from the 31 st day forward as though we had promoted, so it's in the City's best interest to have these contracts in place, have the registers established, and be prepared to promote when the vacancies occur. Vice Chairman Winton: And how many do we typically have in a year -- Deputy Fire Chief Kemp: How many -- Vice Chairman Winton: -- vacancies? Deputy Fire Chief Kemp: A certain number we can tell you according to the DROP (Deferred Retirement Option Plan) schedule, but every year we have approximately 11 people who leave early, get fired, or leave for some unexpected reason, so I -- Vice Chairman Winton: 11? Deputy Fire Chief Kemp: Approximately 11 average over the years that leave spontaneously, but I could tell you, according to the DROP schedule, how many captains are going to leave, how many lieutenants, how many -- that would be a minimum number. Vice Chairman Winton: Well, let me tell you what I'm getting at. The cost is $345, 000 a year -- Deputy Fire Chief Kemp: Yes, sir. Vice Chairman Winton: -- so I'm trying to figure out how much we're paying per vacancy that City of Miami Page 10 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 we're filling to administer this test that costs us $350, 000 a year. That's the issue that I'm trying to figure out. Deputy Fire Chief Kemp: OK. As far as the -- Vice Chairman Winton: And it just seem like a big, big number, and when I hear you say 11, now it really seems like a big, big number, so -- Deputy Fire Chief Kemp: No, 11 is the -- the 11 -- I didn't mean to mislead you. What I'm saying is there are a certain number that we know will leave and be -- Vice Chairman Winton: Yeah. Deputy Fire Chief Kemp: -- promoted for, and then there are the unexpected ones. I'll defer to Human -- Employee Relations on the process of soliciting a -- Vice Chairman Winton: Well -- Deputy Fire Chief Kemp: -- vendor -- Vice Chairman Winton: -- I'm not interested in the process of selecting the vendor. I'm interested in the data, so why don't we defer this to the afternoon -- Deputy Fire Chief Kemp: Yes, sir. Vice Chairman Winton: -- and in the meantime, can y'all go do a quick analysis, and it doesn't have to be exact. I don't -- you know, an estimate's good enough, but order of magnitude, over the course of the past five years, how many people have left the Fire Department each year that are impacted by this testing process. Deputy Fire Chief Kemp: OK We will do that. Vice Chairman Winton: OK -- Deputy Fire Chief Kemp: All right. Vice Chairman Winton: -- and we'll bring it back in the afternoon then. Deputy Fire Chief Kemp: Thank you. Vice Chairman Winton: Thank you. Chairman Gonzalez: All right. We have a motion to defer CA.5. Vice Chairman Winton: So move -- Chairman Gonzalez: We have a second? Vice Chairman Winton: -- yes. Chairman Gonzalez: Pardon me? And 12? Commissioner Regalado: Second. Vice Chairman Winton: So move -- no, no, 12, I'm going to ask them a question City of Miami Page 11 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 (UNINTELLIGIBLE). Commissioner Sanchez: Afternoon. Vice Chairman Winton: Yeah. Commissioner Sanchez: Table till the afternoon. Vice Chairman Winton: Table to afternoon, CA.5. Chairman Gonzalez: Table to the afternoon. All right. We have a motion. Do I hear a second? Commissioner Regalado: Second Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a second All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Item has been tabled to the afternoon. [Later..] Chairman Gonzalez: Commissioner Regalado is asking me if we're going to come back in the afternoon. 1 don't think so. Commissioner Sanchez: I don't think so. Chairman Gonzalez: We have one item to -- that was tabled this morning from you, Commissioner Winton. Vice Chairman Winton: So -- Chairman Gonzalez: It was -- Jorge L. Fernandez (City Attorney): Yes. Chairman Gonzalez: -- CA (consent agenda) -- Vice Chairman Winton: No, we're not going to -- we won't come back, and I'll figure out, before we adjourn at noon, what I'm going to do about that issue. Chairman Gonzalez: All right, so we don't need to come back. Vice Chairman Winton: Yeah. I don't want to come back for one item. Chairman Gonzalez: Great. Commissioner Sanchez: Zoning Board, I would like -- Vice Chairman Winton: I might defer till June. [Later.] City of Miami Page 12 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Commissioner Sanchez: Pocket items. Vice Chairman Winton: OK, so -- Chairman Gonzalez: We need to take CA.12. Commissioner Sanchez: There was one item that was tabled till the afternoon -- Vice Chairman Winton: Yeah, CA. 12. Commissioner Sanchez: -- and Commissioner Winton -- Chairman Gonzalez: CA.12. Commissioner Sanchez: -- would like to bring it up now. Vice Chairman Winton: Chief CA.12. Commissioner Sanchez: That's all. Vice Chairman Winton: Y'all get any answers for me yet? Deputy Fire Chief Kemp: 1 have the answers. Since 10/12 of '01, we've had 59 retirements; of those, 25 resulted in promotions, and the breakdown by rank is 13 lieutenants -- Vice Chairman Winton: No, no, 1 don't need the rank. Deputy Fire Chief Kemp: OK. Vice Chairman Winton: What's the total number? And since 2001? Deputy Fire Chief Kemp: Since 2001. Vice Chairman Winton: How many? Deputy Fire Chief Kemp: Twenty -Jive resulted in promotions -- Vice Chairman Winton: Twenty-five. Deputy Fire Chief Kemp: -- a total of 59 retirements. Commissioner Sanchez: A lot of money. Vice Chairman Winton: So somebody help me with the math here, $350, 000 a year for -- Commissioner Sanchez: Twenty-five. Vice Chairman Winton: -- 25. Twenty-five since 2001? Deputy Fire Chief Kemp: Yes, sir. Vice Chairman Winton: That four a year. We spent $350, 000 a year for four a year? Chairman Gonzalez: One point whatever. A million dollars. City of Miami Page 13 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Vice Chairman Winton: 1 mean, explain that to me. Deputy Fire Chief Kemp: Well, I can explain it to you from the Fire Department's perspective. What we look for is a fair test that can withstand the legal challenges that come when the processes are not fair, and we've not had any since before 2001; litigation resulting from promotions, and 1 know throughout the country that's not the case, so the way we -- Vice Chairman Winton: Well, 1 would hope -- Well, let's see, 25, 2001, 5 years -- or is it 4 years? -- 4 years, less than 5 -- about 5 a year, at $350, 000 a year, it ought to be damn fair. Deputy Fire Chief Kemp: Well, this -- the list lasts for two years, so it's not like you're giving a new process every year. We give a test, and we establish a register, and for two years we use that register, and then you give another test, so it's not -- the math is not as straightforward as it may seem. Commissioner Sanchez: Explain that to me. Deputy Fire Chief Kemp: All right. I'll -- we give a captain's test -- Vice Chairman Winton: Are we spending 350,000 per year? Deputy Fire Chief Kemp: No, sir. Vice Chairman Winton: Three hundred -- Deputy Fire Chief Kemp: We're spend -- Vice Chairman Winton: -- and fifty thousand every other year. Deputy Fire Chief Kemp: Two years we have a list, and then we give another test. Vice Chairman Winton: What item is this, CA. 12? Chairman Gonzalez: CA. 12. Commissioner Sanchez: But it's not based on promotions; all those that are going through the process. See, you need to clam that. Deputy Fire Chief Kemp: It's -- I'm being informed that it's 245,000 is the amount. Now, what was your question, sir? Commissioner Sanchez: The question is not the five individuals that are up for promotion. It's every -- since 2001, it's not the 25 individuals that have gone through the process, that have gotten promoted; it's all those that have applied. Deputy Fire Chief Kemp: That's a very good point. For instance, for a lieutenant's exam -- Commissioner Sanchez: How many people applied for lieutenant? Deputy Fire Chief Kemp: -- all of the firefighters who are eligible to be promoted to lieutenant are eligible to take that test. Commissioner Sanchez: And they go through that test. Deputy Fire Chief Kemp: And as many as choose to go through the test, so -- City of Miami Page 14 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Vice Chairman Winton: As many as what? Deputy Fire Chief Kemp: As opt to try for promotion will go through the test, so you might have -- we have four hundred and some odd firefighters in that rank; of those you might have 300 who get in the process or run through the process and we'll promote for the vacancies, and then with lieutenant, we have 125 lieutenant vacancies. That means that all 125 who serve at least two years in that rank can promote or attempt to be promoted to captain, so you -- Vice Chairman Winton: So they could -- Deputy Fire Chief Kemp: -- might run a hundred through that process -- Vice Chairman Winton: -- apply. Oh. Deputy Fire Chief Kemp: -- and as you -- Commissioner Sanchez: Yeah, it's (UNINTELLIGIBLE). Deputy Fire Chief Kemp.: -- deal with assessment center processes, you'll -- they're quite extensive. Commissioner Sanchez: To clarify -- Vice Chairman Winton: Joe. Commissioner Sanchez: -- his confusion -- Vice Chairman Winton: Yeah. Commissioner Sanchez: -- is -- and it's not -- from 201 [sic], it's not 25 individuals. Yes, there have been 21 -- 25 promotions, but from the firefighter all the way to the captain, all that take the test have to go through that process. Deputy Fire Chief Kemp: Hundreds go through the process. Vice Chairman Winton: OK, so the real -- the right question -- and I'm going to move to pass this and you can give it to me afterwards. Deputy Fire Chief Kemp: Yes, sir. Vice Chairman Winton: The real question then that I would like to get -- and we want to put it on the public record because what I've said, a lot of the public is doing the same thing I'm doing here, and we want to put this on -- how many people take the test -- Commissioner Sanchez: Oh, a lot. Vice Chairman Winton: -- each year? Deputy Fire Chief Kemp: That is a better question, yes, sir. Vice Chairman Winton: There's the question and we'll put that on the record, because then the cost per goes way down. Deputy Fire Chief Kemp: Yes, it does. City of Miami Page 15 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Vice Chairman Winton: Right now it seemed a little pricey, so I'm going to move -- what item is it? Commissioner Sanchez: Second. Chairman Gonzalez: CA.12. Vice Chairman Winton: I'm going to move -- Chairman Gonzalez: CA. 12. Vice Chairman Winton: -- CA.12 and -- Deputy Fire Chief Kemp: Thank you. Mr. Fernandez: CA.5 is the one. Vice Chairman Winton: Oh, I'm sorry. I'm going to move CA.5. You're going to bring back to me, at the next Commission meeting, the answer to this question that I will put on the public record, right? Deputy Fire Chief Kemp: Yes, I will. Vice Chairman Winton: Thank you, sir. Commissioner Sanchez: All right. Deputy Fire Chief Kemp.: Thank you, sir. Commissioner Sanchez: There's a motion. Chairman Gonzalez: A11 right. We have a motion and we have a second on CA.5. Commissioner Sanchez: I second it, Madam Clerk. Chairman Gonzalez: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Commissioner Sanchez: Pocket items? Chairman Gonzalez: Any pocket items? Vice Chairman Winton: Joe, good thing you saved 'em. Mr. Fernandez: Yes. Commissioner Sanchez: Yeah. CA.6 05-01493 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Police OF NABCO, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE City of Miami Page 16 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 BIDDER, RECEIVED AUGUST 22, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-108, FOR THE PURCHASE OF A GAS TIGHT TOTAL CONTAINMENT VESSEL WITH ACCESSORIES, FOR THE DEPARTMENT OF POLICE, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $269,200; ALLOCATING FUNDS FROM THE URBAN AREAS SECURITY INITIATIVE (UASI) GRANT PROGRAM, ACCOUNT CODE NO. 110143.280911.840. 05-01493 Legislation.pdf 05-01493 Summary Form.pdf 05-01493 Award Approval Form.pdf 05-01493 Tabulation of Bids.pdf 05-01493 Bid Security List.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0004 CA.7 05-01494 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE Public Works PROCUREMENT OF TWO (2) ALTEC L42A AERIAL DEVICES AND ONE (1) ALTEC AA755 AERIAL DEVICE (BUCKET TRUCKS) FROM ALTEC INDUSTRIES, INC., FOR THE DEPARTMENT OF PUBLIC WORKS, OPERATIONS DIVISION, UTILIZING AN EXISTING SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BID NO. 26-078X, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $331,902; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNT NO. 352296, B-30156. 05-01494 Legislation.pdf 05-01494 Summary Form.pdf 05-01494 Letter.pdf 05-01494 Letter 2.pdf 05-01494 Advertisement.pdf 05-01494 Faxed Bids.pdf 05-01494 Bid Recommendation.pdf 05-01494 Bid Tabulation Sheet.pdf 05-01494 Altec Quote.pdf 05-01494 Altec Quote 2.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-06-0010 Chairman Gonzalez: OK, Commissioner Sanchez. Commissioner Sanchez: CA (consent agenda) -- Chairman Gonzalez: CA. 7. City of Miami Page 17 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Commissioner Sanchez: -- 7, I believe. Well, this is unusual, but I'm pulling an item to praise the Administration, and to say this is by far -- and we've had several throughout the year. This is just the beginning of the year, but this is a very good item that we're accepting. This is accepting basket trucks that expand higher than the other basket trucks that we have, and after the havoc of Katrina and Wilma, and the outpour of constituents that are calling in to try to get their trees trimmed, I think this is one of the best investment that the City can do as we prepare ourselves to be more focused and be more inclined to provide better service and be more prepared towards hurricane season, so I just wanted to take the opportunity to praise the City staff the Administration for this item. Chairman Gonzalez: I couldn't agree with you more. Commissioner Sanchez: So, therefore, 1 would move CA. 7. Vice Chairman Winton: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion on CA.4, and we have a second I'm sorry, CA. 7. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. CA.8 05-01496 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY AGREEMENT AND RELATED FORMS WITH THE DEPARTMENT OF DEFENSE, DEFENSE LOGISTICS AGENCY, DEFENSE ENERGY SUPPORT CENTER, TO PARTICIPATE IN THE INTO -PLANE REIMBURSEMENT CARD PROGRAM ALSO KNOWN AS THE "AIR" CARD PROGRAM, FOR USE BY MILITARY AND FEDERAL CIVILIAN AGENCIES AND EXTENDED TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES, PURSUANT TO THE NATIONAL DEFENSE AUTHORIZATION ACT, SECTION 1122, KNOWN AS THE "1122 PROGRAM" AND UNDER THE STATE OF FLORIDA COUNTERDRUG PROCUREMENT PROGRAM, TO PURCHASE FUEL AT UNITED STATES MILITARY PRICES, FOR THE CITY OF MIAMI HELICOPTER AIRCRAFT; FURTHER AUTHORIZING PAYMENT TO THE DEFENSE FINANCE ADMINISTRATION SERVICES OR ANY OTHER RESPECTIVE ASSIGNED FEDERAL AGENCY, AT AN ANNUAL AMOUNT NOT TO EXCEED $31,000; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET ACCOUNT CODE NO. 001000.290301.6.715. City of Miami Page 18 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 05-01496 Legislation.pdf 05-01496 Exhibit 1.pdf 05-01496 Exhibit 2.pdf 05-01496 Exhibit 3.pdf 05-01496 Exhibit 4.pdf 05-01496 Exhibit 5.pdf 05-01496 Summary Form.pdf 05-01496 Memo.pdf 05-01496 Air Card Nomination Form.pdf 05-01496 Air Card Enrollment Form.pdf 05-01496 Email.pdf 05-01496 DESC Air Card Program.pdf 05-01496 Non Cardholder Agreement.pdf 05-01496 Enrollment for AC Program .pdf 05-01496 Summary for Unit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones CA.9 05-01498 Department of Parks and Recreation R-06-0005 RESOLUTION "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROPRIATING TWO NEW PARK IMPROVEMENT GRANTS, IN THE TOTAL AMOUNT OF $136,000; AMENDING THE CAPITAL IMPROVEMENTS PROJECTS APPROPRIATIONS RESOLUTION NO. 05-0689, ADOPTED NOVEMBER 17, 2005, BY APPROPRIATING SAID FUNDS INTO THE CAPITAL IMPROVEMENT PROJECT NUMBERS SPECIFIED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT ACCEPTANCE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), AND ANY NECESSARY DOCUMENT(S), TO IMPLEMENT ACCEPTANCE OF SAID GRANTS. 05-01498 Legislation.pdf 05-01498 Exhibit.pdf 05-01498 Summary Form.pdf 05-01498 Master report.pdf 05-01498 Letter.pdf 05-01498 Letter 2.pdf 05-01498 Letter 3.pdf 05-01498 Letter 4.pdf Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Winton R-06-0009 Chairman Gonzalez: Commissioner Regalado, you're recognized for EA -- CA.9. City of Miami Page 19 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 CA.10 05-01499 Department of Parks and Recreation Commissioner Regalado: Thank you very much, Mr. Chairman. CA.9 is about the Parks Department. It's accepting some grants or moving some money from CIP (Capital Improvements Program) for three parks in the City of Miami. The reason I wanted to discuss this is that I've met with the Administration, and they agree that I will move to get Bryan Park out of this resolution; approve the rest without Bryan Park, and the reason is that there is a grant of the International Tennis Association for Bryan Park. Bryan Park is now in a process of going through the Zoning Board. There are meetings with the residents, and there are other issues that the Parks Department and the Administration is looking with the office of the Commissioner of District 4 and the residents, and the timing is not right for this decision, so my motion will be to eliminate from CA.9 the Bryan Park sentence, and accepting the grant -- defer that for future consideration and approve the rest of the resolution. Commissioner Sanchez: Second. Chairman Gonzalez: All right. We have a motion and we have a second. 1-- before taking a vote, I would like to ask a question. If we don't accept this grant today, do we lose it? Joe Arriola (City Manager): Probably. You could accept this grant and return the grant if you don't use it -- Chairman Gonzalez: All right. My -- Mr. Arriola: -- but if you reject it -- Chairman Gonzalez: You might lose it. Mr. Arriola: Yes. Chairman Gonzalez: OK. My other question is, can this -- since the Commissioner of the district doesn't want to accept this grant now at this point, can this grant be transferred to any other parks in the City of Miami for the purpose of -- Mr. Arriola: Not as of right now, sir, no. Chairman Gonzalez: No? All right. 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), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "PROGRAMS FOR THE DEVELOPMENTALLY DISABLED, 2005 -2008," AND APPROPRIATING FUNDS FOR ITS OPERATION, IN THE ESTIMATED TOTAL AMOUNT OF $720,600, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION ("AHCA"), MEDICAID PROGRAM DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE A MEDICAID WAIVER SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE AHCA, MEDICAID PROGRAM DEVELOPMENT THROUGH THE AGENCY FOR PERSONS WITH DISABILITIES, TO FUND PROGRAMS FOR THE DEVELOPMENTALLY DISABLED WHICH ARE ADMINISTERED BY THE City of Miami Page 20 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THROUGH ITS PROGRAMS FOR PERSONS WITH DISABILITIES, DURING THE PERIOD OF NOVEMBER 1, 2005 THROUGH JUNE 30, 2008. 05-01499 Legislation.pdf 05-01499 Exhibit 1.pdf 05-01499 Exhibit 2.pdf 05-01499 Exhibit 3.pdf 05-01499 Exhibit 4.pdf 05-01499 Exhibit 5.pdf 05-01499 Exhibit 6.pdf 05-01499 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0006 CA.11 05-01559 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION REJECTING THE PROPOSAL RECEIVED IN CONNECTION WITH THE REQUEST FOR PROPOSALS ("RFP") ISSUED JUNE 1, 2005, FOR THE UNIFIED DEVELOPMENT PROJECT ("UDP") FOR THE CITY -OWNED PROPERTY LOCATED AT 1802 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, COMMONLY KNOWN AS MELREESE GOLF COURSE ("PROPERTY"); DETERMINING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS AT THE PROPERTY, CONSISTING OF APPROXIMATELY 135 ACRES, FOR PLANNING, DESIGN, CONSTRUCTION, LEASING AND MANAGEMENT OF THE PROPERTY, IS AS A UDP; AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT RFP FOR SAID UDP TO INCLUDE WITHOUT LIMITATION, A GOLF COURSE, HOTEL, PARKING AND ANCILLARY AND SUPPORT FACILITIES AT THE PROPERTY; CONFIRMING A PUBLIC HEARING WILL BE HELD TO TAKE TESTIMONY REGARDING SAID RFP. 05-01559 Legislation.pdf 05-01559 Summary Form.pdf 05-01559 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0007 CA.12 05-01564 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Fire -Rescue INCREASE IN THE CONTRACT AWARDED TO MOTOROLA INC., APPROVED BY RESOLUTION NO. 04- 0730, ADOPTED NOVEMBER 18, 2004, FURTHER AMENDED BY RESOLUTION NO. 05-0418, ADOPTED JULY 7, 2005, FOR THE PURCHASE OF ADDITIONAL MOBILE RADIOS AND ACCESSORIES, FOR THE DEPARTMENT OF FIRE -RESCUE, UTILIZING PALM BEACH COUNTY CONTRACT NO. 02C-6ER, EFFECTIVE THROUGH City of Miami Page 21 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 JANUARY 17, 2006, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY PALM BEACH COUNTY, IN AN AMOUNT NOT TO EXCEED $49,532.60, INCREASING THE CONTRACT FROM $292,021.80 TO $341,554.40; ALLOCATING FUNDS FOR SAID INCREASE FROM THE URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM III, FROM ACCOUNT CODE NO. 1101143.280911.6.840, AMENDING RESOLUTION NO. 05-0418, TO REFLECT SAID INCREASE. 05-01564 Legislation.pdf 05-01564 Summary Form.pdf 05-01564 Comparison Table.pdf 05-01564 Specifications.pdf 05-01564 Features.pdf 05-01564 Letter.pdf 05-01564 Contract Renewal.pdf 05-01564 Letter 2.pdf 05-01564 Invitation to Bid.pdf 05-01564 Special Conditions.pdf 05-01564 Bid Summary Sheet.pdf 05-01564 Drug Free Certification .pdf 05-01564 Statement of No Bid.pdf 05-01564 Contract Renewal 2.pdf 05-01564 Master Report.pdf 05-01564 Pre Legislation.pdf 05-01564 Pre Legislation 2.pdf 05-01564 Acct. Inquiries.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-06-0011 Direction to the Administration by Chairman Gonzalez to arrange a sunshine meeting to cover issues on hurricane preparedness, such as communications with each other and responding to the citizens of Miami; further, that all necessary individuals be in attendance at said meeting. Vice Chairman Winton: CA (consent agenda) -- Chairman Gonzalez: CA.12, Commissioner -- Chairman Winton. Vice Chairman Winton: I'm sorry. CA. 12, we're ordering more mobile radios and accessories. 1 know that during Hurricane Wilma our entire communication system failed citywide; nobody could talk to each other. The radio that I had at home failed. My Blackberry failed. Every communication system we had in the City failed for the first -- I don't know -- don't remember now whether it was 24 or 48 hours, which is hugely problematic. I'm assuming these radios that we're buying -- because it's just an incremental add -on, so we're not changing the system; we're just adding more radios into the system that failed. Do we have a plan that we're working on right now to address our citywide communication system that did fail in Wilma, so that we hopefully will be in a better position next year, particularly if we have a worse hurricane? Maurice Kemp (Deputy Fire Chief Fire -Rescue): GSA (General Services Administration) Communications addressed the problem that happened. I believe it was Katrina, and with the subsequent storm, we didn't have the failure with the radio system. Your public safety departments, Police and Fire, we have redundancy in our system whereby we don't lose the City of Miami Page 22 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 ability to talk to each other. We go to a Talkabout, or a different redundant system, so although you couldn't talk on your radio, we could, but in answer to your first question, yes. Vice Chairman Winton: Well, how's my radio derent than your radio? Deputy Fire Chief Kemp: Your radio doesn't have all of the capabilities that my radio has. We have a secondary set of channels called Talkabout. Commissioner Regalado: You're second class, second-class official. Vice Chairman Winton: Well, that's interesting. Deputy Fire Chief Kemp: Yeah, but to answer your first question -- Vice Chairman Winton: And the reason for that is what? Deputy Fire Chief Kemp: -- yes, GSA Communications addressed the issue that caused the failure with Katrina, and we didn't have the subsequent failure with Wilma. That is my understanding. Vice Chairman Winton: OK, let me go back to then another point here. The elected officials who also have to deal with the public, we get inferior radio systems that fail, and y'all get the ones that work? Deputy Fire Chief Kemp: Inferior is a strong word, sir. I wouldn't call it inferior. Vice Chairman Winton: Well, ours failed and yours didn't. That's what you're telling me, so -- Deputy Fire Chief Kemp: No. We had the failure that you had, but we had a secondary system that we could fall back on so that we could communicate with each other. It's not as good as the primary sys -- Vice Chairman Winton: Is it smoke signals, hand signals, or what was that secondary system? Deputy Fire Chief Kemp: It's called Talkabout. It -- Vice Chairman Winton: Talkabout. Deputy Fire Chief Kemp: -- doesn't have the range as the primary system does, but it allowed us to continue to operate. Commissioner Regalado: Just shout, "Hey, Johnny" Vice Chairman Winton: Then maybe one last request -- Commissioner Sanchez: Two cans and a string. Vice Chairman Winton: -- because I'm not sure I under -- but maybe I'll spend some time with y'all later as opposed to a public debate about this because I think the communications system is an issue, and we don't need to have a public debate about it, and it sounds like I think you all are working on it, but I'd like you to also think about what we need during these emergencies, and if it's better hand signals, or smoke signals, or the roundabout [sicJ, or whatever the bout is, maybe we ought to be included in the about. Deputy Fire Chief Kemp: The reason you limit the traffic on the other channels is because they City of Miami Page 23 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 CA.13 05-01444 Department of Parks and Recreation don't have the capabilities, and we need to be able to talk to each other; you know, sometimes life and death depends on it, but the answer your first question, yes, the problem was addressed, and we did not have a subsequent failure with the next hurricane. Vice Chairman Winton: OK. I'll move CA.12. 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: Motion carries. 1 want to add something to Commissioner Winton's statement. This Commissioner was also incommunicated for 48 hours, and I think that's unacceptable, and Mr. Manager, 1 know this is January. We still have a few months to work on it, but we need to set up some type of meetings, sunshine meeting for preparedness of the next hurricane season to make sure that -- you know, with all the Commissioners -- we are, you know Vice Chairman Winton: Ready. Chairman Gonzalez: -- abreast of what's going on, what the plans are, how we're going to be in contact with each other, and how we're going to be able to respond to the citizens whenever we have a kind of an emergency like the one that we had, so please, sir, if you can, schedule that type of meeting with whomever, the Fire Department, Police Department, whomever needs to be at that meeting. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CITY OF MIAMI'S OFFICE OF FILM ARTS, CULTURE AND ENTERTAINMENT'S ("FACE") RECOMMENDATION OF: (1) ALLOCATING FUNDS FOR SPECIAL EVENTS, IN AN AMOUNT NOT TO EXCEED $400,000, AND (2) AUTHORIZING THE ALLOCATION OF FUNDS, IN THE AMOUNT OF $20,000, FOR EACH OF THE FIVE CITY COMMISSION DISTRICTS, FOR A COMBINED AMOUNT NOT TO EXCEED $100,000, FOR FUNDING OF ADDITIONAL SPECIAL EVENTS WITHIN THE CITY OF MIAMI, CONTINGENT UPON THE PRESENTATION OF DOCUMENTATION FOR REVIEW BY FACE AND SUCH DISTRICT FUNDING COMPLYING WITH FACE RULES AND REGULATIONS AND AS DESIGNATED BY THE DISTRICT COMMISSIONER; DIRECTING FACE TO PRESENT THEIR FUNDING REQUESTS AND THE COMMISSION DISTRICT FUNDING REQUESTS, FOR SPECIAL EVENTS FOR THE CITY COMMISSION DISTRICTS, TO THE CITY COMMISSION FOR CONSIDERATION; ALLOCATING FUNDS IN A TOTAL AMOUNT NOT TO EXCEED $500,000, FROM THE SPECIAL EVENTS FESTIVAL ACCOUNT NO. 001000.921054.6.289. 05-01444 Legislation.pdf 05-01444 Exhibit 1.pdf 05-01444 Summary Form.pdf This Matter was WITHDRAWN on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones City of Miami Page 24 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 pulled Adopted the Consent Agenda Motion by Commissioner Sanchez, seconded by Commissioner Regalado, 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 END OF CONSENT AGENDA Chairman Gonzalez: Now, we will go into the consent agenda. Do any of the Commissioners wishes to have items from the consent agenda removed or moved to the regular agenda -- Vice Chairman Winton: Mr. Chairman. Chairman Gonzalez: -- or pulled for discussion? Yes, Commissioner Regalado. Commissioner Regalado: Mr. Chairman, move for discussion CA.9. Chairman Gonzalez: EA.9? Commissioner Regalado: CA.9. Chairman Gonzalez: CA.9, OK. Vice Chairman Winton: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Winton: CA.5 and CA. 12. Chairman Gonzalez: CA.5 and CA.12. Any other items? Commissioner Sanchez: CA. 7. Chairman Gonzalez: CA.7. Commissioner Spence -Jones. Commissioner Spence -Jones: CA.2. Chairman Gonzalez: All right. I need a motion to approve the balance of the consent agenda. Commissioner Sanchez: So move, Mr. Chairman. Commissioner Regalado: Second. Chairman Gonzalez: OK. We have a motion and we have a second on the balance of the consent agenda. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City of Miami Page 25 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 05-01526 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DONATION OF FUNDS, IN THE AMOUNT OF $75,000, TO CO-SPONSOR THE "5TH ANNUAL RECLAIM THE DREAM CANDLELIGHT MEMORIAL SERVICE AND UNITY MARCH" BEING HELD ON APRIL 4, 2006, AT DR. MARTIN LUTHER KING BOULEVARD AND NORTHWEST 8TH AVENUE, MIAMI, FLORIDA; ALLOCATING FUNDS FROM ACCOUNT NO. 001000.921054.6.289. 05-01526 Legislation.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones 06-0008 Chairman Gonzalez: Now we're going to go into the Commissioners' items and the Mayor's item. We have M.1. Lisa Martinez (Senior Advisor on Education Policy & Youth Initiatives, Mayor's Office): Good morning. Lisa Martinez, from Mayor -- Chairman Gonzalez: Good morning. Ms. Martinez.' -- the Mayor's office. Chairman Gonzalez.: Good morning. Ms. Martinez: M.1 is a resolution of the Miami City Commission authorizing the donation of funds to cosponsor the 5th Annual Reclaim the Dream candlelight memorial service and unity march. It's a 75,000 cosponsorship. Commissioner Sanchez: So move. Commissioner Spence -Jones: 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: Motion carries. M.2 05-01527 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A City of Miami Page 26 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 DONATION OF FUNDS, IN THE AMOUNT OF $40,000, TO CO-SPONSOR THE "ING MIAMI MARATHON AND HALF MARATHON," A WORLD -CLASS RUNNING EVENT THAT HAS A SIGNIFICANT ECONOMIC IMPACT ON THE CITY OF MIAMI ("CITY") AND ITS BUSINESSES AND HIGHLIGHTS THE IMAGE OF THE CITY IN A POSITIVE MANNER; ALLOCATING FUNDS FROM ACCOUNT NO. 001000.921054.6.289. 05-01527 Legislation.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0013 Lisa Martinez (Senior Advisor on Education Policy & Youth Initiatives, Mayor's Office): M.2 -- Chairman Gonzalez: M.2. Ms. Martinez: -- is a resolution of the Miami City Commission authorizing a donation of funds in the amount of $40,000 to cosponsor the ING Miami Marathon and Half Marathon. Chairman Gonzalez: All right. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Do we have a motion? Commissioner Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say -- Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: -- "aye. " Commissioner Regalado: Question, question. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Is this fund coming from the FACE (Film, Arts, Culture & Entertainment) funding, the $400, 000 for special events? Ms. Martinez: No, Commissioner. It is coming from the general special events fund. Commissioner Regalado: OK, and what is that? Ms. Martinez: That is a fund that funds large events of large economic impact to the City. Commissioner Regalado: OK, and -- Joe Arriola (City Manager): Commissioner -- well, if you want to -- when you approved the budget, to avoid this constant thing, there were some events that have been traditionally within the City that we already put in the budget outside of the FACE budget. You have already City of Miami Page 27 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 approved the money on a sep -- actually, it's the same account, but you already approved the money for large events. Commissioner Regalado: No, and the reason -- and I mentioned this on the last Miami Sports and Exhibition Authority. 1 remember that throughout the years, Miami Sports and Exhibition Authority had been funding the Miami Marathon, and it came from funds from MSEA (Miami Sports and Exhibition Authority), and now it has to come from funds from the general fund. Actually, the Mayor -- the Chairman -- and the Chairman of the Commission was there -- said that we need to look into this, I mean, because, you know, we do have fund in MSEA still to fund all these major projects, so 1 think it's -- well, if we have to do it, we have to do it, but 1 think, you know, the general fund shouldn't be hit if we have MSEA dollars available, who could be used and only can be used for this kind of activity. Chairman Gonzalez: I agree with you, and that was discussed and that was said, so -- Commissioner Sanchez: Discussion. Chairman Gonzalez: -- I suggest that for, you know, next allocation of money that we look at MSEA first before taking money from the general fund. Any other Commissioner have -- ? Yes, Commissioner -- Commissioner Spence -Jones: It -- I just know -- this is my understanding that FACE will -- is hopefully in the, I'm assuming, Mr. City Manager, the end of the month will have the new allocations for all of the organizations that are applying, but as a person that was very much involved in these type of events and things that took place within the City, we do need to look at other alternatives in funding projects of this magnitude, like MTV (Music Television) and major events like the Miami Marathon, and unfortunately, our current budget that we have for FACE does not allow for us to support these type of events, so as we move forward on, you know, supporting projects of this magnitude, we try to find a creative way to provide funding for them, and I agree with you on the MSEA part of it. We maybe need to look at identiMng what sources are available or still left there so that maybe we can tap or draw down on some of those dollars, but at this time, I think their event is around the corner, correct? Ms. Martinez: Correct. It's in -- at the end of January. Chairman Gonzalez: All right. Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. This item is budgeted in the budget. I just want to focus on the methodology that we could use in the future as to which events we sponsor as to a nonpolitical methodology, as you see that every year we're faced with the same hurdle when it comes to events, and that's why we created FACE, which is not clearly defined a standard set of what events we'll be assisting in the City, but I could tell you this much. Every time that we put money into events that are going to improve our economic vitality is a good investment for the City, but I also want to see that some up-and-coming events -- maybe not pertaining to this resolution, but as to FACE, and I'm glad that FACE was pulled from the agenda because I was very concerned with it. In the past, I was briefed by Spencer -Jones [sic] when she was in charge of that. Now I have not been briefed on it, so I exactly don't know what - - where they're heading, but as to pertaining to this resolution, I think it's -- they are two great events for our community. It's budgeted, and it's events that really it's going to help our economic vitality for our community, so I just wanted to state that for the record as we move on. Chairman Gonzalez: All right. Any further discussion? Jorge L. Fernandez (City Attorney): Mr. Chairman, just make sure that the Clerk -- City of Miami Page 28 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Chairman Gonzalez: Yes, Mr. City -- Mr. Fernandez: -- is reminded that there are substitute items for both M.1 and M.2. Priscilla A. Thompson (City Clerk): That is correct. Chairman Gonzalez: Yeah, right. Commissioner Sanchez: They have -- Chairman Gonzalez: That's right. Commissioner Sanchez: -- been presented to me. Have they been presented to the City Clerk? Ms. Thompson: Yes, they have. Chairman Gonzalez: OK. Mr. Fernandez: And the change or the reason for the substitution is merely the numbering sequence in the funds from which the monies are coming from. It's just a typographical. Commissioner Sanchez: No further discussion. Call the question. Chairman Gonzalez: We had a motion and we had 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 19 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 DISTRICT 1 CHAIRMAN ANGEL GONZALEZ D1.1 05-01468 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A QUIT CLAIM DEED FROM LORENZO R. SANZ AND FLORENCE S. BOYKIN, FOR CONVEYANCE TO THE CITY OF MIAMI OF THE PROPERTY LOCATED AT 2115 NORTHWEST 18 STREET, MIAMI, FLORIDA, AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENT(S) NECESSARY FOR SAID PURPOSE; DIRECTING THE CITY MANAGER TO RELEASE AND EXTINGUISH ANY CITY OF MIAMI LIENS AGAINST THE PROPERTY AND TO PAY ANY OUTSTANDING PROPERTY TAXES AND WATER AND SEWER LIENS, IN A TOTAL AMOUNT NOT TO EXCEED $21,000; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $500, FROM THE HOUSING RECOVERY LOAN FUND, "PROFESSIONAL FEES AND LIENS," ACCOUNT NO. 198010450311.6.270, AND AN AMOUNT NOT TO EXCEED $20,500, FROM THE HOUSING RECOVERY LOAN FUND, "TAXES," ACCOUNT NO. 198010450311.6.330. 05-01468 Legislation.pdf 05-01468 Exhibit.pdf 05-01468 Memo.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-06-0014 Chairman Gonzalez: All right. DI, 1 don't have anything -- no, yeah. DI, Commissioner -- Vice Chairman Winton. Vice Chairman Winton: Sure. Chairman Gonzalez, you're recognized. Chairman Gonzalez: That is the -- DJ.1 is the acceptance of a property that is being donated to the City of Miami. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. This is a property that, for a period of time, was subject to code enforcement violations and prosecution through the code enforcement system. The owners of the property have chosen to exercise their generosity and donate this property to the City. The City -- and Commissioner -- Chairman Gonzalez can address this later, but the use to which the property will be put -- in accepting this gift, the quit claim deed from this property, the City Commission is waiving the collection of whatever code enforcement fines would have been charged in exchange for that, clearing the slate. We get the property, and then later on, this property may be put to some other use. Chairman Gonzalez: Yeah, that's correct. This property is located in Allapattah, and I have spoken to the City Manager about this issue. It's a property that could be converted later on into two new affordable homeownership properties, so -- City of Miami Page 30 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Vice Chairman Winton: So you're moving? Chairman Gonzalez: -- I move the item. Vice Chairman Winton: We have a -- Commissioner Regalado: Second. Vice Chairman Winton: -- motion and a second on D1.1. Any further discussion? If not, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. DISTRICT 2 VICE CHAIRMAN JOHNNY L. WINTON D2.1 05-01518 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHEAST 6TH STREET FROM BRICKELL AVENUE TO MIAMI AVENUE, MIAMI, FLORIDA, AS "BUTCH BRICKELL WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 05-01518 Legislation.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-06-0015 Chairman Gonzalez: OK. D2. Vice Chairman Winton: That's me. Chairman Gonzalez: That's you. Vice Chairman Winton: Your gavel back. Chairman Gonzalez: D2. 1. Vice Chairman Winton: D2.1 is a resolution codesignating Southeast 6th Street from Brickell Avenue to Miami Avenue as Butch Brickell Way. So moved. Commissioner Sanchez: Second. Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 31 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Chairman Gonzalez: Motion carries. D2.2 05-01519 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE PURSUANT TO SECTIONS 2-1251 AND 35-221 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, REQUESTING THAT MIAMI-DADE COUNTY AND ANY OTHER APPLICABLE GOVERNMENTAL ENTITY REMOVE THE NO -LEFT TURN SIGN PROHIBITING A LEFT TURN FROM COMMODORE PLAZA ONTO GRAND AVENUE IN COCONUT GROVE; AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE DEPARTMENT OF OFF-STREET PARKING TO EXECUTE ANY NECESSARY DOCUMENTS FOR SAID PURPOSE. 05-01519 Legislation.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-06-0016 Chairman Gonzalez: D2.2. Vice Chairman Winton: D2.2, when Grand Avenue was redone -- and everybody obviously has been very excited about the complete remake of Grand Avenue. I think it's been great for the neighborhood. It's been great for the entire Grove. It's been great for our City. However, the County put a "No Left Turn" sign, prohibiting a left turn from Commodore Plaza onto Grand Avenue, and I've got a lot of complaints from the business community in the Center Grove about that sign because it really is impacting the way people are used to circulating there, and we want to get rid of the sign, so -- and 1 understand Stephanie wants to put something on the record here as well. Stephanie Grindell: Stephanie Grindell, director of Public Works. I will forward a letter to the County asking them to remove that left turn. Vice Chairman Winton: Great, so this resolution is simply authorizing and directing the City Manager and Department of Off -Street Parking to execute any necessary documents for said purpose. So move. Chairman Gonzalez: All right. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion -- Commissioner Sanchez: Second, with a question. Just -- Chairman Gonzalez: -- and we have a second. Discussion. Commissioner Sanchez. Commissioner Sanchez: Just playing the devil's advocate. Would we be liable if we remove that sign or ask the County to remove that sign and there's an accident there? Ms. Grindell: Well, the County has jurisdiction on all traffic control, so all we'll do is make a request. City of Miami Page 32 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Commissioner Sanchez: OK Ms. Grindell: Then they'll review it, and they'll make a decision. Vice Chairman Winton: Yeah. It's been that way forever, and the County just decided they wanted to -- and it isn't as though the street changed radically there. There's never been a sign there, so you've always been allowed to turn left there, but -- Commissioner Sanchez: All right. Chairman Gonzalez: All right. Any further discussion? Being none -- Vice Chairman Winton: And -- Chairman Gonzalez: -- all in favor, say -- I'm sorry. Vice Chairman Winton: But I'd like to make one other comment about County, and maybe Stephanie, you could help also. I've had a lot of complaints that I think are very valid. St. Stephen's school, Ransom, those are schools that have a lot of kids going to them. St. Stephen's, in particular, has little kids going to them. There's not a crosswalk. There's not aflashing light. There's not a damn thing, and these kids are crossing back and forth. I've been trying to get the damn County, for over a year, to do something about it; put aflashing light up; put -- if nothing else, put -- stripe the street; do something that makes people recognize that kids are coming across the street. It's been over a year, and guess what's happened so far? Zero and zero, so you might toss that in there. I'm meeting with George Burgess next week on some other issues with the City Manager, and that issue's going to be on the agenda, as well, but you know, Stephanie maybe -- Ms. Grindell: I'll put something -- Vice Chairman Winton: -- can give me some support. Ms. Grindell: -- together for that as well. Vice Chairman Winton: Thank you, and I'm sorry to get off the beaten path. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. D2.3 05-01520 DISCUSSION ITEM DISCUSSION REGARDING THE MAYOR'S COMPENSATION AND THE FINANCIAL IMPACT ON THE CITY'S BUDGET. 05-01520 Email.pdf 05-01520 Memo.pdf 05-01520 Report.pdf 05-01520 Pre Legistation.pdf DISCUSSED Chairman Gonzalez: D2.3. Vice Chairman Winton: D2.3. This is one of my mea culpas. At the last Commission meeting, City of Miami Page 33 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 as the last item on the Commission agenda, I passed a motion to increase the salary of the office of the Mayor, and what was OK was passing a resolution to increase the salary of the office of the Mayor. What wasn't OK is that 1 didn't put it on a blue page, on an agenda, or anything, and it was very much unlike me, and Mike Vasquez came up to me afterwards and says, "Johnny, what would you say to the public who would criticize you for not publicly noticing this?" And I - - and the Commission meeting's already adjourned, and I looked at him, and Mike can tell you 1 said, "Hmm. I think 1 could be rightfully criticized" and I have been rightfully criticized because I shouldn't have done it, but I did do it, and you know, once the horse is out of the barn, you can't get the horse back, so this is not an attempt to put the horse back in the barn because it's out, but it is an attempt to apologize to the public for not doing it the right way, and what I wanted to do is come back. Larry Spring is going to be able to -- the other issue that wasn't on the table is the true economic impact to the City relative to increasing the salary for the position of the Mayor of the City of Miami. I put on the record the last time the logic as to why it ought to be done, but it didn't have the economic impact piece tied to it, so Larry, I would like you to put the economic impact piece on the record, and then, as far as I'm concerned, I have done the best job that I can do in righting my goof up at the last Commission meeting. Joe Arriola (City Manager): Commissioner, if you forgive me, the truth is, I appreciate you taking the blame for this thing, but it was really truly my fault. I should have been smart enough to put it in the blue page, and I didn't. I used the excuse that the agenda was printed. You shouldn't take the -- it was my fault, my mistake, and I appreciate you taking the blame, but the truth is that I was the one that screwed up and not put it in there, and it wasn't your intent never to put it in there. It was my intent to put it there; we didn't, but it was really my fault because that's my job and I screwed up. Vice Chairman Winton: So now we've got two mea culpas, and Larry, you're going to put the right information on the record. Chairman Gonzalez: Larry, you're recognized, sir. Larry Spring: Thank you, sir. Larry Spring, chief of Strategic Planning, Budgeting, and Performance. Commissioners, in your blue page item, we included a report that kind of walked through the present value of the pension benefit that this salary increase would have on the City over the next 22 and a half years. The -- again, the assumptions we used -- the expected -- lfe expectancy of 77 and a half years, six percent internal rate of return. Based on the additional $53, 350 that will be added to the Mayor's salary, on an annual basis, the present value of the additional pension benefit over that 22 year period will be $359, 000. In addition to that, our report also included a discussion about an ordinance that was passed back in 2001 where the Mayor's salary and additional benefits were excluded -- the additional benefits were excluded from the pension calculation for the Mayor's salary only. That ordinance had an impact of saving $301,000 over that same 22 year period, so if you look at it in context of both of those items, we're talking about a net difference of about $58, 000 over -- Chairman Gonzalez: 23 years. Mr. Spring: -- 22 years. Vice Chairman Winton: Thank you, Larry. Chairman Gonzalez: All right. Vice Chairman Winton: I'd like to go to D2.4. Chairman Gonzalez.: D2.4. City of Miami Page 34 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Commissioner Regalado: Are we going to vote on this? Chairman Gonzalez: No, no. Vice Chairman Winton: No. Chairman Gonzalez: We already voted on it. Vice Chairman Winton: We voted last time. Chairman Gonzalez: This is a cleanup item -- Vice Chairman Winton: Yeah. Chairman Gonzalez: -- just to -- Vice Chairman Winton: There's no vote. Chairman Gonzalez: -- let the public know what the fiscal impact is, but we already took action on it. Commissioner Regalado: Oh, 1 thought -- Chairman Gonzalez: We already -- Commissioner Regalado: -- that when the Mayor said that he will ask the Commission to reconsider -- Chairman Gonzalez: No. Commissioner Regalado: The Mayor didn't say that? Then it was a misprint. Chairman Gonzalez: I don't have anything on that. What this item -- Vice Chairman Winton: Well, 1-- Chairman Gonzalez: -- is to -- Vice Chairman Winton: Excuse me. Chairman Gonzalez: -- a cleanup item to inform the public of the fiscal impact on the Mayor's position salary, and also for Commissioner Winton to be able to do this on the agenda. Vice Chairman Winton: And Mr. Chairman, by the way, it is my item. I'm not bringing it back for a vote. We voted last time. Chairman Gonzalez: Right. Vice Chairman Winton: I have done what I feel that should be done, and that is, put it before the public, answer the appropriate questions, and there is no vote. I'm not moving another resolution, so -- Commissioner Sanchez. What was lacking was the financial impact study -- Chairman Gonzalez: The financial impact. City of Miarni Page 35 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Commissioner Sanchez: -- that has been presented to this legislative body. Vice Chairman Winton: And two things were lacking: a public notice and the financial impact, and we've done both here. Chairman Gonzalez.: All right. D2.4. Vice Chairman Winton: It's not a public hearing. D2.4 05-01558 DISCUSSION ITEM DISCUSSION REGARDING THE TREE ORDINANCE FOCUSING ON THE SPECIMEN TREE PROTECTION. 05-01558 Email.pdf DISCUSSED Direction to the Administration by Vice Chairman Winton to encourage the Code Enforcement Board to impose the $5, 000 fine per tree provision, as provided in Section 8.1.10.3 of the Code of the City of Miami, in cases where irreparable or irreversible violations have been committed involving removal of trees. Chairman Gonzalez: D2.4. Vice Chairman Winton: This is about the tree ordinance that we passed, and there's two component parts. One is -- and 1 know that the Cocoanut Grove Village Council is helping with this also, but when we passed the original tree ordinance, we said we need to get it passed. We know we're going to have to do some modifications once we pass it, and so I'm encouraging staff to work on this. One of the key -- there's two key components in my mind that need modification. One is our ordinance, in essence, makes anyone who has a weed that grows too tall be counted as a tree, and if you cut it down, you've got to pay $500; you're going to get fined. I mean, it's really overboard, when the intent of the ordinance was to protect our canopy and to protect specimen trees; that was the intent. It wasn't to protect every little plant that anybody ever planted in their yard, and the effect of this ordinance, the way it's written, does exactly that, and it's confusing enough that even if the language is somewhat clear, staff and code enforcement, they don't understand that part, and so it's -- if you've got something planted in your yard, you ain't unplanting [sic] it until you get a permit, and if you unplant [sic] it, then you're going to get fined. Well, that wasn't the intent, so we need to clean that up. The second part is the penalty part. The most egregious example that I can think of is on Bayshore Drive, where the -- where that jerk, whoever he is, on Bayshore Drive, came in in the middle of the day, middle of the night, and cut down all those trees, and this comment is directed both towards the City Attorney and Code Enforcement. I have heard, but I don't know this for sure, but that there's a concern that we can't impose more than a $500 per tree fine on the individual who was absolutely egregious in his destruction of the canopy on that site, and in Section 8.1.10.3, it says "irreparable or irreversible violations." In the event the Code Enforcement Board or special master finds the removal of any tree without the required permit to be irreparable or irreversible in nature, it may impose a fine not to exceed $5, 000 per violation, and if you've got a specimen tree, which they had many of on that site -- Joe Arriola (City Manager): Nine. Vice Chairman Winton: How many? Mr. Arriola: Nine. City of Miami Page 36 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Vice Chairman Winton: Nine. The guy didn't get a permit. He knew what he was doing was wrong, and in blatant violation, spit in our face and chopped them down, and so I want to make sure that we put on record and direct the Code Enforcement Board and the special master, in those cases where code enforcement -- and I've heard Code Enforcement feels that they can't make this argument. Code Enforcement has an obligation to make the argument, when it is egregious like that, that we encourage the special master and Code Enforcement, whoever hears the case, to impose the $5, 000 fine per tree and anything else we can whack them with, so that's the point I want to make. Mr. Arriola: Mr. Commissioner, as you recall in this specific case, I came in front of the board personally, and I asked them to please give him maximum, which would have been $45, 000, plus the $8, 500 that we already (UNINTELLIGIBLE). Because of a legal technicality, if you recall, they changed the name -- the property, but we're after them, and believe me, we're going to be very much after them, and I think that the attitude of the new board members is a lot different than it was a year ago. Vice Chairman Winton: Great. Now -- Commissioner Sanchez: But -- Vice Chairman Winton: -- and this brings me back to the point of cleaning up the language so we know what we're trying to protect because these two things can come in conflict with the wrong interpretation. Some poor person who's just out there cutting down their little bitty, skinny, palm tree that they don't want anymore could end up in the same boat here as the guy who cut down specimen trees, and that was never the intent of this ordinance, and that's the reason we've got to get this thing cleaned up because we've got to really hammer the bad guys out there. They need to be hammered unmercifully, but we don't want to catch up the whole public in hammering the bad guys, and so that's why we've got to clean this up -- Commissioner Sanchez: So -- Vice Chairman Winton: -- and that's the end of my -- Commissioner Sanchez: But is there a -- Mr. Arriola: We're doing it. Commissioner Sanchez: But you're basically going to what? You're going to amend the ordinance, right? Vice Chairman Winton: Yes. They have to amend the ordinance -- Commissioner Sanchez: OK. Vice Chairman Winton: -- and they'll brief us on the cleanup, but I wanted to get that on the record and be sure that staff and everybody's on the same page here, and the Code Enforcement Board, so that we -- so that at least there's some discussion here about intent while we're cleaning up the ordinance. Commissioner Sanchez: All right. Chairman Gonzalez:: All right. This was a discussion item. It doesn't require any action from the Commission. DISTRICT 3 City of Miami Page 37 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 COMMISSIONER JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 05-01537 DISCUSSION ITEM DISCUSSION ABOUT ESTABLISHING A TREE TRUST FOR DISTRICT 4. 05-01537 Memo.pdf DISCUSSED Commissioner Regalado: My first item, Mr. Chairman, is the discussion about establishing a tree trust for District 4, and you know, 1 think that all district should have a tree trust, although there is a citywide effort and the Mayor has a campaign, but there have been groups in different areas that are really interested in planting trees, especially after Hurricane Katrina and Wilma. Only my block, four trees were destroyed completely. They took the sidewalk. They destroyed one house, only in my block on Southwest 20th Street. Shenandoah and Silver Bluff, and West Little Havana have been affected, and the reason that I'm doing this is because recently the City applied for a grant for Flagami, tree planting in Flagami. My -- I have been sending messages back and forth to the City Manager. He agrees that we can use the money for Flagami for some other areas of District 4 since Flagami is the biggest part of District 4, and I just wanted to sort of formalize the creation of the tree trust, if not in a symbolic way, to send a clear message to the residents that the City is committed to tree planting, especially after the defoliation that happened during Hurricane Wilma, so 1 would like to move a resolution asking the City Attorney to sort of structure a tree trust scenario for District 4, and for that matter, it should be for every district, but that's up to the area Commissioners. Commissioner Sanchez: 1 would second. Chairman Gonzalez: All right. We have a motion -- Commissioner Sanchez: For the sec -- second for the purpose of discussion. Chairman Gonzalez: -- and I have a second. Discussion. Commissioner Sanchez, you're recognized. Commissioner Sanchez: Thank you, Mr. Chairman. I believe at the last meeting we talked about the devastation that both Katrina and Wilma caused to the entire city. If you drive around our entire city, whether you drive through Coconut Grove or Upper Eastside, Liberty City, Little Havana, Allapattah, you see that we really lost a lot of canopy and really treasured shade throughout the entire city. Focusing, of course, on our parks, that we lost plenty of trees, and we also lost a lot of trees in the public right-of-way. This should be more of a citywide approach that we take as to maybe doing a citywide analysis as to the devastation caused by these (UNINTELLIGIBLE). I know the County is doing something similar, and they really are taking it further than just going out there and replacing trees because it's not just an issue about replacing trees. It's about planting the right trees for the right scenario. We have bad trees that we don't want to plant because they really do cause a lot of damage, but I think what the Administration should do, and it's to put a -- put together a comprehensive citywide analysis as to the tree loss or the canopy lost throughout the entire city, maybe go out and hire a tree expert to come in and provide the proper assistance as to which trees are the proper trees to plant, whether they're native conforming or not -- and avoid the nonconforming, but also as to where we plant these trees. We've had in the last Commission meeting, when Commissioner Winton -- Vice Chairman Winton brought up Florida Power & Light, most of the damage that was caused City of Miami Page 38 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 were trees right underneath power plants, and those are the ones that seriously cause more damage, so this should be a citywide project to focus on giving priority to our parks, and basically the private right-of-way. We're not going to replace anybody's tree in their backyards. That's not what our intent is -- Vice Chairman Winton: Right. Commissioner Sanchez: -- but our intent should be to replace as many trees as possible, seeking all necessary funds, and I believe that we do have in the tree ordinance -- it's up to about $270, 000, and of course, we could always seek additional grants to provide more shade for our community, so I just want to -- I think I'm going to withdraw my motion because I don't think it's fair that it just be one for one district, but I will support you, Commissioner Regalado, if it's a citywide approach, where -- in all fairness, I think what we should do, not to discriminate against any portion of our city, because I think we all lost canopies, is that the City Manager come back and possibly one scenario is equally divide throughout the five districts to focus on parks and public right-of-way, and come back with a report so we could proceed with the proper legislation to start maybe a plan that might be followed by other cities to replace the canopy, so having said that, I will withdraw my motion. If you're willing to change your motion, I will second it and support you on that. Joe Arriola (City Manager): We -- Commissioner Regalado: Right, and the reason -- I'm sorry. Mr. Arriola: -- presently have a -- through Public Works, we're conducting that study right now, and I don't know if I could promise for the next Commission meeting, but within a month or so, I'll be delighted to show you what has come out. The tree fund has really grown because Code Enforcement has been very active on this thing, and we are getting huge fines from people, as you know, in mitigation, so the tree fund will continue to grow and grow and grow for the first time ever, by the way. We never had a -- Vice Chairman Winton: Mr. Chairman. Mr. Arriola.' -- money. Chairman Gonzalez: Yes, Vice Chair Gonzalez -- Winton. Vice Chairman Winton: Mr. Manager, you might also -- I know that Alice Robertson from the County -- Mr. Arriola: Yeah. She's doing a great job. Vice Chairman Winton: Yeah, and she's responsible for drafting a -- Mr. Arriola: Yes. Vice Chairman Winton: -- countywide tree plan, and she's really good and rational, and so we might want to team up -- Mr. Arriola: We'll work with her. Vice Chairman Winton: -- with her -- Mr. Arriola: We'll work with her. City of Miami Page 39 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Vice Chairman Winton: -- when you -- when we're talking about -- Joe, you were talking about the type of trees, and that's what Alice -- Mr. Arriola: Yeah. Vice Chairman Winton: -- is working on -- Mr. Arriola: Yeah. Vice Chairman Winton: -- countywide is identifying the right kinds of trees and the right kind of areas countywide in the county, and she's really doing a good job, and we could team up with her and save a lot of time. Commissioner Sanchez: But it should be -- Mr. Arriola: At the end of the day, I don't think that -- well, money's always a problem, but at the end of the day, 1 don't think the money is going to be the problem. I think there'll be enough money if we don't, you know, want to plant the whole forest, but you know, as far as replacement and addition, we're going to have plenty of money to do a very good job in the City, working with the County, working with all our grants, and working through all the money that we're collecting through our fines, there's going to be a nice fund there to do it, but 1 agree; we should do a study. We're doing the study right now in conjunction with the County. Commissioner Sanchez: It should be a program citywide -- Mr. Arriola: Yes. Commissioner Sanchez: -- addressing all those issues -- Mr. Arriola: Absolutely. Commissioner Sanchez: -- and we should get it done -- Vice Chairman Winton: Bingo. Commissioner Sanchez: -- as quickly as possible. Mr. Arriola: Yes, yes, yes. Chairman Gonzalez: All right. Commissioner Regalado: If I may, when I started the item, 1 said that all the Commission districts should have a tree trust. The reason I place it here is because I hope that this will trigger this kind of action. When we had the budget process on September of last year, we had a report from Public Works. The consultants came back and they said that at that time we had at least 29,000 trees in the public right-of-way in the City of Miami, if I remember well. The only thing we need to know now is go back to those trees that were identified by the consultants of Public Works and see if they're there or not, and get professional help in terms of what kind of trees and where it should be plant. Also, there are many avenues, even county -owned, but within the City of Miami that have bus benches, but do not have shade, and since we cannot build shelters in every corner because for specifications, we need to address that issue, so 1 guess I don't need a motion. I just wanted to get the ball rolling, and hopefully, we will get that report. I know that Public Works already has identified each and every tree before the hurricane, so it would -- I think it will be easy to do that, so there is no need -- City of Miami Page 40 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Commissioner Sanchez: Why don't you make a motion directing the Administrator to come -- the Administration to come back 30 to 60 days with -- Commissioner Regalado: Well, I mean, he just said that he is doing that, and he'll bring it back. Why -- there's no need for 30 or 60 days. The sooner the better, and you know, I have reported to Public Works all the trees that were took by the hurricane, and Stephanie has -- that 1 know. In our district, you know, we had like 50 that were completely took, and they took the sidewalk and part of the street, too, and the swale area, so that's a major reconstruction on that. Thank you. Mr. Chairman, D4.2 is -- Chairman Gonzalez: All right, but wait a minute. Before going to D4.2, this was a discussion item, then you made a motion -- Commissioner Sanchez: There's no motion on the table. Chairman Gonzalez: -- so you're going to -- ? There's no motion? Commissioner Regalado: There is no motion. The City Manager just clarified whatever -- Chairman Gonzalez: All right -- Commissioner Regalado: -- we're going to do -- Chairman Gonzalez: -- so -- Commissioner Regalado: -- in the future. Chairman Gonzalez: -- no action of the Commission is required on D4.1. D4.2 05-01553 DISCUSSION ITEM DISCUSSION ABOUT THE CASE OF FRANK PICHEL, SERGEANT -AT -ARMS OF THE MIAMI CITY COMMISSION. 05-01553 Memo.pdf DISCUSSED Chairman Gonzalez: D4.2, you're recognized. Commissioner Regalado: D4.2 is the case of the former sergeant of arms [sic] of the Miami City Commission. If you all remember, we asked the City Manager to investigate his suspension, and the City Manager decided to hire a very prestigious former federal judge to do an investigation. According to the City Attorney, he doesn't have the report issued by the judge, Judge Davis, 1 think it was, and my question is we -- I understand that the report has been already done, but the City Commission has not received it. Do we have the report available? This has nothing to do with employment. It's just the report about what really happened. The employment part is up only to the City Manager, so it's only about the report, and the cost of the investigation, the independent investigation requested by the City Commission to the City Manager. Chairman Gonzalez:: Yes, sir. Joe Arriola (City Manager): Yeah. I sat down with Judge Davis and spent quite a bit of time with Judge Davis. At the end of my meeting with Judge David [sic], I decided to have a settlement with Sergeant Pichel, and that's what we've done. I told him that 1 basically understood the parameters of it. I have not been given a report. I didn't think I needed -- I don't think 1 need a report to make a judgment on an employment matter, and as of the moment we sign the agreement, which I think is tomorrow, the case is closed and that's what it is. City of Miami Page 41 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Commissioner Regalado: How much did we pay to the judge? Mr. Arriola: I'll have to give you that number. I think it was -- you authorized $35, 000 or something like that. Commissioner Regalado: So there's nothing in writing, at all? Mr. Arriola: I don't have anything on writing, no, sir. Commissioner Regalado: Don't have anything on writing? Mr. Arriola: No, sir, I don't have anything on writing. Commissioner Regalado: That's strange. Chairman Gonzalez: Is that the total amount that is going to be paid to the judge, $30, 000? Mr. Arriola: Thirty-five. Chairman Gonzalez: Or there is more money involved in this? Mr. Arriola: Oh, I don't know. That's what you authorized. Chairman Gonzalez: OK. My question is, there was -- the City Commission asked for an independent investigation in the case of Sergeant Frank Pichel. The investigation was done. We agreed to pay for an investigation, and there has to be some type of outcome of this investigation because the public may want to know why we're paying "X" amount of dollars for a job and we don't have the results, and I know the hiring and firing and the labor part of the City of Miami is handled by the City Manager, and he's the only one that can deal with that, but as far as a work being asked by the City Commission and the City Commission authorizing the funds to do this work, something is needed. I mean, if someone comes up to me and ask me, "Why did you pay this gentleman "X" amount of dollars?" Well, because he did a job. "What kind of job? " All right. Jorge L. Fernandez (City Attorney): Yeah. Mr. Chairman, just a point of clarification. The City Manager -- Chairman Gonzalez.: I mean, you know, there's nothing here to cover up. I mean, we need to start acting as adults, OK, and we have to stop the cover-ups. We have to end up with all the cover-ups in this city. When there is an investigation done, either it's guilty, not guilty, or inconclusive, so we need to have something. Either it was inconclusive, either the guy was guilty, or the guy wasn't guilty, or -- but there has to be an outcome of this inquiry, if you don't want to call it investigation; this inquiry. There has to be an outcome, and I don't know, Mr. City Attorney, if the Commission is entitled to request a product from this gentleman, or maybe in the way of meeting with this gentleman, or if we don't have any rights, but we need to know where we stand, and we need to -- you know, this is a chapter that needs to be closed. We need to close the chapter. Finish. Over. That's it. Next. I mean, we can't continue to prolong and prolong and keep talking about it and keep talking about it and keep talking about it. I mean, we love to do that. I mean, we love to have the press jumping all over the City. We love to have the Miami Herald on top of us, the TV (television) channels, and we are the ones that provide them the blood to do that because we become part of the joke. We become part of the play. Let's finish it. Whatever it is, it is. Nothing is going to happen. The City's not going to disappear. Nobody's going to die, OK, but let's bring it up on the table. Whatever it is, it is, and that's it and we have to it and we have to accept it. City of Miami Page 42 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Commissioner Regalado: You see, the problem that 1 see here is that, like the Chairman says, someone is going to ask us, "Well, you guys authorize some money to investigate something that pertains to the City Commission because it wasn't a regular police off cer. " It was a sergeant of arm [sic] that was poof, all of a sudden removed; we didn't know, and the five members of the Commission at that time voted to do a -- to ask the City Manager to investigate. The City Manager decided to hire a very well-known former federal judge, now an attorney in private practice, and do an investigation. My understanding was that the -- that Mr. Davis -- Judge Davis did seek information from the Police Department and all that. I don't know that. I've never spoken to the gentleman, but now what remains on the record is something that is pretty, pretty difficult to understand by the public, and for all it's pretty weird, because the result of all this is a conversation where the City Manager had with the judge, and after that conversation, the City Manager decided to settle whatever case. I don't know the case. Well, then, what we have here is the most expensive legal conversation in the history of the City of Miami because for a few minutes of a conversation, we paid $35,000, and that's difficult to explain to the people, difficult to swallow, and there's nothing more I can do, I guess, other than raise the issue, but you know, 1 was hoping that we would have a report saying what the Chairman said. I mean, did the guy did what he -- that they say he did? Because it all boils down to a perceived First Amendment issue. Did the guy call the Herald during the Shenandoah rapist investigation? Did he call the Herald and said that the police wasn't doing its job? That's all that there is to it. That's my understanding, so this is really bizarre because now, I guess we will never know. That will go down as a mystery bigger than Zone 51 in New Mexico. Chairman Gonzalez: All right. That was also discussion item. It doesn't require any action form the Commission, but my last statement on this item is going to be, Mr. City Manager, I've been asking here and there and over there and at the other place, and I know that this Judge Davis did an extensive, extensive job of investigating this matter, and he did an extensive research, and I'm sure and I'm -- you know, I was fortune to say that this is going to cost more than $30, 000. I will venture to say that I will be surprised if it's only $30, 000. If it is more, then you're going to have to come back before the Commission to ask for additional monies, and at the time, this will become an issue once again, so Mr. City Attorney, Mr. City Manager, we need to find a way that we are pleased with the process that has taken place so, if need be to come back to the City Commission for additional monies to finish this issue, that it go smooth without any problems, any controversies, so Mr. City Attorney, I don't know, sir, if you can assist us with that. You're the City Attorney; you can tell us. Mr. Fernandez: OK. Chairman Gonzalez: All right. Thank you so much. Commissioner Regalado: Well, the City Attorney doesn't have to do anything with this. Chairman Gonzalez: Pardon me? Commissioner Regalado: What does he have to do with this? What he have to do with this? Vice Chairman Winton: Next item. Chairman Gonzalez: The City Attorney? Commissioner Regalado: What -- Mr. Fernandez: Well, the -- Commissioner Regalado: -- do you have to do with this issue? City of Miami Page 43 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Mr. Fernandez: 1 would opine with regard to any legal questions that may arise with the payment, if there is additional payments to be made, or -- Commissioner Regalado: No, no, no, no. Mr. City Attorney, my question is, what do you have to do with this? What is your role? What was your role in this? Mr. Fernandez: I -- my office and I did not have any participation in the investigation that this Commission authorized to be taken. Commissioner Regalado: Or the hiring of the person? Mr. Fernandez: No. Commissioner Regalado: Or the payment? Mr. Fernandez.: No. The City Commission passed a resolution -- Vice Chairman Winton: Payment from us. Mr. Fernandez: -- authorizing an amount certain -- Chairman Gonzalez. Right. Mr. Fernandez: -- and we drafted that resolution. Commissioner Regalado: But did you get the bills? Mr. Fernandez: No. Commissioner Regalado: You didn't get the bill? Mr. Fernandez: No. Commissioner Regalado: So -- Mr. Fernandez: It's a direct relationship between the City Manager and the judge. Commissioner Regalado: And that was my point, so -- Mr. Fernandez: It is a tool in the hands of the City Manager as he conducted the investigation. Commissioner Regalado: So what can you do to get the results of the investigation for the City Commission? Mr. Fernandez: Myself, nothing, because I had no role to play in that. Commissioner Regalado: That's what 1 said That's what I said. The Chairman is asking you, but you're going to come back and said, "There's nothing I can do about it. " Vice Chairman Winton: So now that we've established that, I guess it's time for the next agenda item. Chairman Gonzalez: Yeah. It's -- I think Commission Spence -Jones wants to -- City of Miami Page 44 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Commissioner Spence -Jones: Yeah, just for -- Chairman Gonzalez: -- join. Commissioner Spence -Jones: Mr. Chairman, just for a point of clarification. 1 know that I'm the neophyte on the board, but just so that I'm clear. When -- based upon our last -- my first Commission meeting, it was communicated that, from a Commission standpoint, we don't really get involved in personnel -related issues -- Chairman Gonzalez: That is correct. Commissioner Spence -Jones: -- I'm -- is that still -- does that still stand? I just -- Chairman Gonzalez: That's correct. Commissioner Spence -Jones: -- want to be clear. Commissioner Regalado: No, no, but Michelle -- Chairman Gonzalez: But we -- Commissioner Spence -Jones: I'm just -- Commissioner Regalado: -- this is not about personnel. Commissioner Spence -Jones: OK. Chairman Gonzalez: Right. Commissioner Regalado: No, no. The City Manager can fire, hire, you know, send to Siberia the sergeant of arm [sic]. Commissioner Spence -Jones: OK. Commissioner Regalado: The issue here is for us to get a report of the investigation of why he was removed as a sergeant of arm [sic]. That's a very narrow issue. Commissioner Spence -Jones: I guess my question is how did it even get to us in the -- I mean, how did it -- ? And I guess I just need to get the history on it, because my questioning will become, you know, does this now open up the door for other City employees to have the same right. Chairman Gonzalez: Well, I guess all other employees have the same right, as long as they have the consensus of the City Commission to order an investigation, and this is a difficult case where this guy has been through the same situation a couple of times. Commissioner Spence -Jones: OK. Chairman Gonzalez: We felt that there was something wrong -- Commissioner Spence -Jones: OK. Chairman Gonzalez: -- specifically with this guy, and that's why Commissioner Regalado made a motion to order an investigation in this matter; I second it, and the entire City Commission voted on it -- City of Miami Page 45 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Commissioner Spence -Jones: OK. Chairman Gonzalez: -- and we're not -- we cannot interfere with the actions of the City Manager. The City Manager, like Commissioner Regalado says, can fire, hire, or do whatever he wants with employees, as long as it is legal, of course, but if we ask for an investigation to be done -- and that's a power that the City Commission has, is that correct, Mr. City Attorney? Mr. Fernandez: Yes, it is. Chairman Gonzalez: And the -- Commissioner Spence -Jones: OK. Chairman Gonzalez: -- City Commission also has the power to subpoena, is that correct? Mr. Fernandez: 1t would depend on the type of proceeding that you're making reference to. Chairman Gonzalez: But -- Mr. Fernandez: The City Commission has the power to request the City Manager to investigate. Chairman Gonzalez: All right, so we exercise our right in that case in that matter, and it was done. Now we need to know what happened with it. Commissioner Spence -Jones: OK. 1 was just -- Commissioner Regalado: No. Commissioner Spence -Jones: 1 just need clarity, because I know the last time we had our meeting, it was -- Commissioner Regalado: No, and the reason, it's not that we are in the business of investigating what happen to employees. The reason is that according to the changes, and by ordinance, the Chairman of the City Commission has the power to select the sergeant of arms [sic], and because it was selected by the City Commission, the Chairman, in consulting with other members Commissioner Spence -Jones: Um -hum. Commissioner Regalado: -- that what -- that was why the investigation was triggered, because it was -- it's like if you appoint somebody in your office -- Commissioner Spence -Jones: Um -hum. Commissioner Regalado: -- and someone came from outside and said, "You, you're out, " you want to know why, at least, and that's all that there is to it. No meddling into personnel, like you know, the Manager and the Chief of Police can do whatever they want with the police officers. You know, they can fire, hire, do whatever, but in this case, we just wanted to know, but we'll never know. Chairman Gonzalez: All right. That concludes the discussion on that item. DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES City of Miami Page 46 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 D5.1 05-01502 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE AUDITOR GENERAL TO CONDUCT AN FINANACIAL AUDIT OF THE MODEL CITY TRUST, WITH THE CONDITIONS AS STATED HEREIN. 05-01502 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0017 Chairman Gonzalez: Now we go to D5. I. Commissioner Spence -Jones: Thank you. D5.1. As you know, the last City Commission meeting we had -- we talked about the Model City Trust and things that were going to be happening in Model City. From the last meeting we had -- since then we have -- from Model City Trust we have a new chairman, a new president, a new CEO (Chief Executive Officer) of the Trust, and these two resolutions kind of go hand -in -hand with that. I'm requesting in D5.1, the first resolution, that the City of Miami -- directing the Commission for a financial audit of the Model City Trust, so that is the first resolution. Vice Chairman Winton: 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: Motion carries. Vice Chairman Winton: And may I add to the record, please? Commissioner Spence -Jones: Sure. Vice Chairman Winton: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Winton: I think that what Michelle's doing here -- first of all, it isn't inconsistent with other actions that we've taken in the past. When I took over as chairman of the Downtown Development Authority, we did the same thing; called for an internal audit of the Downtown Development Authority because we wanted to make sure -- at least I wanted to make sure -- when I was stepping in there, I wanted to make sure that I knew what I was stepping into -- Commissioner Spence -Jones: Yes. Vice Chairman Winton: -- and thank goodness, we did that, because 1 found what I was stepping into and we were able to clean things up quite well and make some corrections and move on in a very positive manner, and so, Michelle, that's the reason I'm supporting your motion here, because I think it is, absolutely, an appropriate thing to do, and if we find that there are issues, then there's an opportunity to clean up the issues and move forward in a very positive fashion. City of Miami Page 47 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Commissioner Spence -Jones: Thank you. Chairman Gonzalez: All right. D5.2. Jorge L. Fernandez (City Attorney): Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. Fernandez: Point of clarification for the Clerk. This item has -- there is a substitute item that is being substituted for the one that appeared in your packet, and in essence, the nature of the modification is to be very clear and to emphasize the nature of the audit being that of a financial nature. The item, as originally drafted, inadvertently or exceeded the desires of the Commissioner, and language was put there that, in my opinion, and also in the Commissioner's opinion now, should not be part of the direction given to the auditor general, so in -- it is clearly to establish that the audit is to be of a financial records and transactions of the Trust. Commissioner Sanchez: And not a performance audit. Chairman Gonzalez: All right. Mr. Fernandez: Right, correct. Commissioner Regalado: Well, but -- if 1 may, Mr. Chairman. Chairman Gonzalez: Yes, go ahead. Commissioner Regalado: A financial audit, like the one that the auditor general does that are very thorough, and it have bring clarity to many of the issues that we had in agencies and department, and for that, the people of Miami need to thank you. The scope of this audit will show if the mission of the Trust was being followed, and that was -- I guess that that was the intent of Commissioner Spence -Jones, because it all boils down to how you use the money to perform -- Commissioner Spence -Jones: Um -hum. Commissioner Regalado: -- and that is what Mr. Igwe is going to try to find out, so it is fixing or telling the area Commissioner and the City Commission how to fix the things that we not done right. Commissioner Spence -Jones: Well, the new resolution, one that you -- everyone should have at this point is the resolution that I'm actually entering into the record, so it is a full financial audit of the Model City Trust, and that's kind of what I'm requesting for. Chairman Gonzalez: All right. D5.2 05-01503 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CREATING THE "MODEL CITY AD HOC GROUP" TO ASSESS THE MODEL CITY TRUST AND THE REVITALIZATION DISTRICT NEEDS SO AS TO ASCERTAIN WHAT THE BUSINESSES AND RESIDENTS OF THE MODEL CITY AREA DESIRE AND TO MAKE RECOMMENDATIONS TO REFLECT THESE DESIRES TO ENSURE THAT GROWTH AND DEVELOPMENT IN THE AREA MEET THE NEEDS OF THE COMMUNITY; DIRECTING THE AD HOC GROUP TO PRESENT A REPORT OF ITS FINDINGS TO THE CITY COMMISSION WITHIN 60 DAYS. City of Miami Page 48 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 05-01503 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0018 Chairman Gonzalez: All right. D5.2. Commissioner Spence -Jones: OK. As we stated earlier, we're definitely trying to work on cleaning up things in Model City and moving Model City to the next level. One of the things I'm going to do in mostly all my neighborhoods is create ad hoc committees to find out the needs of the residents, the things that they'd like to see happen, so the new -- again, there's a new resolution, a changed one that focuses on an ad hoc committee that will come back in 60 days to give us their recommendation as to what the residents and what business owners want to see within the district, or within the area -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- and that is the new reso -- Chairman Gonzalez: That's a motion -- Vice Chairman Winton: I'll second the motion. Chairman Gonzalez: -- and that's the second All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City of Miami Page 49 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 SPECIALLY SCHEDULED ITEM SS.1 05-01430 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION ELECTING AND Attorney REAPPOINTING PRISCILLA A. THOMPSON AS CITY CLERK OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE AS PROVIDED FOR IN THE CITY CHARTER. 05-01430 Legislation.pdf 05-01430 Cover Memo.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0022 Chairman Gonzalez: Let's go back to SS.1, reappointment of City Clerk. Commissioner Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right, we have a motion and we have a second. Discussion. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: I just want to say that Priscilla and her staff have been always there for my office whenever we need information, and 1 know that they have responded to the public as well as they do to the City Commission, so 1 am very, very happy to vote yes in the reappointment of Priscilla Thompson as the City Clerk of the City of Miami. Commissioner Spence -Jones: And -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- I would just like to -- Chairman Gonzalez: Spence -Jones. Commissioner Spence -Jones: -- also make a statement, too. I also want to say thank you to Ms. Thompson for just being so supportive for me, you know, being a woman sitting on the dais, and just welcoming me. I haven't had the experience, as my fellow Commissioners, with you as of yet, but the experience has been great, and I really appreciate your support, and I look forward to working with you over the next two years. Commissioner Sanchez: Ditto. Chairman Gonzalez: Commissioner Sanchez. Commissioner Sanchez: Ditto. City of Miami Page 50 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Vice Chairman Winton: Here, here. Priscilla A. Thompson (City Clerk): Thank you, Commissioners. I really and truly appreciate your confidence. Commissioner Sanchez: You and your staff. Chairman Gonzalez: Keep up the good work. Commissioner Sanchez: All right. 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. Motion carries. City of Miami Page 51 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 PH.1 05-01431 Department of Public Facilities PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF TEMPORARY PRE -DEVELOPMENT EASEMENT AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, ON CITY OF MIAMI OWNED PROPERTY LOCATED ON WATSON ISLAND TO FLAGSTONE ISLAND GARDENS, LLC, TO PROVIDE FOR THE TEMPORARY, NON-EXCLUSIVE USE OF APPROXIMATELY 10.8 ACRES OF UPLAND AND 13.4 ACRES OF SUBMERGED LAND, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A" (UPLAND PARCEL) AND "EXHIBIT B" (SUBMERGED PARCEL), ATTACHED AND INCORPORATED, FOR THE LIMITED PURPOSE OF PRE -DEVELOPMENT WORK INCLUDING INFRASTRUCTURE RELOCATION AND MODIFICATIONS, ENVIRONMENTAL MITIGATION, SEAWALL REPAIRS AND RECONSTRUCTION, TREE RELOCATION, ROADWAY WORK, DREDGING, FILL, DEWATERING, CONSTRUCTION MOBILIZATION, SALES AND CONSTRUCTION OFFICES, AND TEMPORARY AND FINAL UTILITIES ON SAID PROPERTY, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 05-01431 Legislation.pdf 05-01431 Exhibit 1.pdf 05-01431 Exhibit 2.pdf 05-01431 Exhibit 3.pdf 05-01431 Exhibit 4.pdf 05-01431 Exhibit 5.pdf 05-01431 Summary Form.pdf 05-01431 Public Hearing Memo.pdf 05-01431 Public Hearing Ad.pdf 05-01431 Submittal.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-06-0023 Chairman Gonzalez: PH. 1. Commissioner Sanchez: Public hearing. Chairman Gonzalez: Public hearings. Laura Billberry: Lori Billberry, director of Pub -- Department of Public Facilities. I'm just going to hand out a map that is in your packet, but it's a little bit larger here, so give me a second. PH.1 through PH. 6 are all related to the Flagstone Island Gardens project on Watson Island. The first one, PH. 1, is related to granting an easement which covers what we're calling Parcel H, which is the large pink area of the submerged and parcel -- and upland parcel on this sketch I just gave you. This is their lease area, and this was contemplated under the agreement to enter into the ground lease with Flagstone, and this will allow them to do their City of Miami Page 52 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 predevelopment work, including the utilities, and dredging, and roadwork. Chairman Gonzalez: All right. Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Chairman Gonzalez: All right, we have a motion and we have a second This is a public hearing. Anyone -- Commissioner Sanchez: I just have a question on this, and I've asked it many times. All these items pertain to Watson Island. I just want to make sure that this has -- what's -- has -- no way whatsoever impact paying any loans or forgiving any debt to Parrot Jungle. Ms. Billberry: Absolutely not. This only deals with easements, construction easements, as well as access easements for the Flagstone Island Gardens project. Commissioner Sanchez: All right, thank you. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wishes to address the Commission, please come forward. All right. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PH.2 05-01434 RESOLUTION Department of Public Facilities "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF A PERMANENT NON-EXCLUSIVE EASEMENT AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, ON CITY OF MIAMI OWNED PROPERTY LOCATED ON WATSON ISLAND, TO FLAGSTONE ISLAND GARDENS, LLC, TO PROVIDE FOR: (1) VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS FOR DELIVERY AND FIRE SAFETY AND EMERGENCY VEHICLES; AND (2) ACCESS TO ALTER AND IMPROVE THE EASEMENT AREA WITH PRIOR APPROVAL OF THE CHIEF EXECUTIVE OFFICER, ON APPROXIMATELY AN 8,790 SQUARE FOOT PARCEL OF LAND LOCATED ON TWO SEPARATE LEVELS, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. City of Miami Page 53 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 05-01434 Legislation.pdf 05-01434 Exhibit 1.pdf 05-01434 Exhibit 2.pdf 05-01434 Exhibit 3.pdf 05-01434 Exhibit 4.pdf 05-01434 Exhibit 5.pdf 05-01434 Summary Form.pdf 05-01434 Public Hearing Memo.pdf 05-01434 Public Hearing Ad.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-06-0024 Chairman Gonzalez: PH.2. Laura Billberry (Director, Department of Public Facilities): PH.2 is Parcel G on your sketch, and it's the one that's in orange. It's just a little triangular piece that is needed in order to provide access to the marina areas and for emergency vehicles, such as the fire trucks. Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion. We have a second. This is a public hearing. Anyone from the public that wishes to address the Commission, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. All in favor, say „a e. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PH.3 05-01435 RESOLUTION Department of Public Facilities "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF PERMANENT SOUTH ROAD EASEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, ON CITY OF MIAMI OWNED PROPERTY LOCATED ON WATSON ISLAND TO FLAGSTONE ISLAND GARDENS, LLC, TO PROVIDE FOR THE NON-EXCLUSIVE USE OF APPROXIMATELY 25,903 SQUARE FEET, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR THE LIMITED PURPOSE OF VEHICULAR AND PEDESTRIAN INGRESS, EGRESS AND ACCESS TO AND FROM SAID LEASED PROPERTY, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID City of Miami Page 54 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 AGREEMENT. 05-01435 Legislation.pdf 05-01435 Exhibit 1.pdf 05-01435 Exhibit 2.pdf 05-01435 Exhibit 3.pdf 05-01435 Exhibit 4.pdf 05-01435 Exhibit 5.pdf 05-01435 Summary Form.pdf 05-01435 Public Hearing Memo.pdf 05-01435 Public Hearing Ad.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-06-0025 Chairman Gonzalez: PH.3. Laura Billberry (Director, Department of Public Facilities): PH.3 is a -- the linear, rectangular easement Parcel D on your map, and that is to provide an access road throughout the term of the lease for Flagstone Island Gardens project. This is a nonexclusive easement and will also be used by others on the island. Vice Chairman Winton: So moved. Commissioner Sanchez: All right. Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. This is a public hearing. Anyone from the public? Seeing none, hearing none, the public hearing is closed. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PH.4 05-01436 RESOLUTION Department of Public Facilities "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF TEMPORARY CONSTRUCTION EASEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, ON CITY OF MIAMI OWNED PROPERTY LOCATED ON WATSON ISLAND TO FLAGSTONE ISLAND GARDENS, LLC, TO PROVIDE FOR: (1) TEMPORARY, NON-EXCLUSIVE USE OF APPROXIMATELY 6.53 ACRES OF LAND, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A, ATTACHED AND INCORPORATED, AS A PRIMARY STAGING AREA, AND/OR SALES AND CONSTRUCTION OFFICES AND EQUIPMENT MATERIALS LAY -DOWN; (2) City of Miami Page 55 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 TEMPORARY, NON-EXCLUSIVE USE FROM TIME TO TIME, SUBJECT TO AVAILABILITY, OF APPROXIMATELY 48,289 SQUARE FEET OF LAND, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT B," ATTACHED AND INCORPORATED, AS AN ADDITIONAL STAGING AREA AND/OR CONSTRUCTION AND SALES OFFICES; AND (3) TEMPORARY NON-EXCLUSIVE USE OF APPROXIMATELY 93,853 SQUARE FEET OF LAND, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT C," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF PROVIDING INGRESS AND EGRESS TO AND FROM THE STAGING AREAS AND FOR SALES AND/OR CONSTRUCTION OFFICES AND EQUIPMENT AND MATERIALS LAY -DOWN, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 05-01436 Legislation.pdf 05-01436 Exhibit 1.pdf 05-01436 Exhibit 2.pdf 05-01436 Exhibit 3.pdf 05-01436 Exhibit 4.pdf 05-01436 Exhibit 5.pdf 05-01436 Exhibit 6.pdf 05-01436 Exhibit 7.pdf 05-01436 Summary Form.pdf 05-01436 Public Hearing Memo.pdf 05-01436 Public Hearing Ad.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-06-0026 Chairman Gonzalez: PH.4. Laura Billberry (Director, Department of Public Facilities): PH.4 is a construction staging easement, and that is for Parcels A, B, and C, which are the turquoise or blue color on your sketch, and this is to allow them to do their staging of-- their construction offices, as well as storage of materials and lay it down. This will be through the time -- their occupancy date under the lease, which is basically when the two hotels open, and they will be contributing a million dollars towards the master planning and the redevelopment of the open space areas on the island --- Vice Chairman Winton: All right. Ms. Billberry: -- in exchange for this. Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Chairman Gonzalez: All right. We have a motion. We have a second This is a public hearing. Anyone from the public that wishes to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 56 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Chairman Gonzalez.: Motion carries. PH.5 05-01437 RESOLUTION Department of Public Facilities "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF PERMANENT ACCESS EASEMENT AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, ON CITY OF MIAMI OWNED PROPERTY LOCATED ON WATSON ISLAND FROM THE FLAGSTONE ISLAND GARDENS, LLC ("FLAGSTONE"), TO PROVIDE FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AND ACCESS TO AND FROM APPROXIMATELY 72,940 SQUARE FEET OF LAND LEASED TO FLAGSTONE, AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 05-01437 Legislation.pdf 05-01437 Exhibit 1.pdf 05-01437 Exhibit 2.pdf 05-01437 Exhibit 3.pdf 05-01437 Summary Form.pdf 05-01437 Public Hearing Memo.pdf 05-01437 Public Hearing Ad.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-06-0027 Chairman Gonzalez: PH.5. Laura Billberry (Director, Department of Public Facilities): PH.5 is the lighter green area called "Parcel F" on your -- excuse me. It's actually the darker green on your sketch called "Parcel F," and this is actually within the Flagstone lease area, and this is an easement to the City. As you may recall, when they did their Major Use Special Permit, they're elevating their ground level to roughly a 22-foot elevation, so not knowing what may ever occur on the water side of our property, we asked that they go ahead and grant us this easement so we have flexibility in how we access our property. Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Chairman Gonzalez: All right. We have a motion and we have a second. Commissioner Sanchez: It's PH.5, right? Chairman Gonzalez: This is -- Commissioner Spence -Jones: Yes. City of Miami Page 57 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Chairman Gonzalez: -- a public hearing. Anyone from the public? There's no one wishing to address the Commission, so the public hearing is closed All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. PH.6 05-01490 RESOLUTION Department of Public Facilities "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF SOUTH PLAZA EASEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, ON CITY OF MIAMI OWNED PROPERTY LOCATED ON WATSON ISLAND TO FLAGSTONE ISLAND GARDENS, LLC, TO PROVIDE FOR THE NON-EXCLUSIVE USE OF PORTIONS OF WATSON ISLAND, AS SET FORTH IN SAID AGREEMENT, FOR THE LIMITED PURPOSE OF CONSTRUCTION ACCESS AND ACTIVITIES RELATED TO THE DESIGN, CONSTRUCTION AND MAINTENANCE OF THE PUBLIC IMPROVEMENTS, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 05-01490 Legislation.pdf 05-01490 Exhibit 1.pdf 05-01490 Exhibit 2.pdf 05-01490 Exhibit 3.pdf 05-01490 Exhibit 4.pdf 05-01490 Exhibit 5.pdf 05-01490 Exhibit 6.pdf 05-01490 Exhibit 7.pdf 05-01490 Summary Form.pdf 05-01490 Public Hearing Memo.pdf 05-01490 Public Hearing Ad.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-06-0028 Chairman Gonzalez: PH.6. Laura Billberry (Director, Department of Public Facilities): The last one is PH6, and this includes Parcel N, "M" as in Mary, "K" and "I" Basically, "K" and "I" would be used for the construction staging for public improvements, and the reason we've broken this down is this is all related to construction of public improvements on the island, such as landscaping, the roadwork, maintaining a plaza area so that we don't have a hole from where our park space will be; we won't wind up with an unkept and unmaintained area. Vice Chairman Winton: So moved. City of Miami Page 58 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Commissioner Sanchez: Second. Discussion. Chairman Gonzblez: OK. We have -- Commissioner Spence -Jones: Yeah, discussion, too. Chairman Gonzcilez: -- a motion and a second Discussion. Commissioner Sanchez, you're recognized. Commissioner Sanchez: Thank you, Mr. Chairman. This project has been in front of us on many occasions. I consider it to be a signature project for the City of Miami as we move forward. I just have some questions on that. These easements required approval from the State. Have they all been approved by the State? Ms. Billberry: The easements were approved by the State. Those that are related to the public improvements, I did speak with them, and they said that that would not require any type of waiver, but they did ask that we make them aware of it, so that's why we did break them down the way we did, is so that we did not conflict with the State's requirements for getting a waiver of deed restriction, and it was approved -- the easements were approved as part of their waiver. Commissioner Sanchez: And the State required a million dollars towards the master plan and also the park. Ms. Billberry: Right. If they would -- Commissioner Sanchez: Now, for -- if we seek grants, we need that master plan to seek additional grants for the area. Ms. Billberry: Correct. Commissioner Sanchez: Whether it be improvements to the park -- OK. Do the public improvements include the five -and -a -half, six -acre park? Ms. Billberry: The million dollars would go towards redeveloping those areas, the open space, as you mentioned, which is basically the turquoise areas on this map. They would master plan that, as well as construct up to a million dollars worth of work. Commissioner Sanchez: And the master plan, does the master plan include the entire island, including the bay walk? Ms. Billberry: We have asked them to address making the connections. They -- I don't believe they would be master planning the entire island, but as far as making those pedestrian connections is part of what we've asked them to do when they do the master plan. Commissioner Sanchez: Here's the thing that I have. We focus on creating a city that is pedestrian friendly. That is an island that's divided by a highway, and it really offers people an opportunity to explore both sides of the island, and if we could get that accomplished through this master plan, 1 think, at the end of the day, we're truly going to have an incredible project out there where people are going to go and really enjoy themselves, and go shopping, restaurant, and enjoy the bay walk, so I would really encourage the Administration to work very hard to make sure that it does include the entire island, as well as the bay walk, and I do have another question. Does that master plan include the curtain Chalk site? Ms. Billberry: They would look at that in the sense of when they master plan the open space and the connections, they would have to take into consideration the various lease areas that are City of Miami Page 59 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 there, but as I mentioned to you once before, we would not be able to do pedestrian through a tarmac area, for example. We would be having to do designs that would connect, for example, the Flagstone lease areas to the open space areas going around any tarmac for safety reasons. Commissioner Sanchez: It's in the best interest of Flagstone to work with us to assure that we do have a signature event, and at this time I want to praise them because this project has been through a lot of hurdles with the Administration, and finally, we're heading in the right directions to create something that we could all be very proud of Ms. Billberry: And we do have Mr. Herndon here, if you have any particular questions. Commissioner Sanchez: No, no questions. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: Does the master plan include the possibility of a tunnel connecting the port, what the federal government and the county and the state has proposed? Ms. Billberry: They would not be designing it, but they would certainly have to take that into consideration since the tunnel is -- Commissioner Regalado: No, no. I know that that will not be designing, but the original plans of the tunnel calls "exit" and "enter" on Watson Island. That's -- Ms. Billberry: Right, and that's part of the delays we've all ran into with the whole Flagstone project, is because of those tunnel scenarios of understanding where their building had to be set back and so forth, and where their utilities can be located, so certainly, in their master plan we'll take those issues into consideration, but it will be well underground at the point of where the open space is. Vice Chairman Winton: Call the question. Chairman Gonzalez: Any further discussion? Vice Chairman Winton: Oh, sorry. I'm sorry. Never mind Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: First of all, I want to say, Lori, I got a chance to meet with Chief Haskins and yourself on this project, and it is truly a great project, and just the number of jobs that are going to come from it is going to be awesome for the citizens of the City of Miami, so I'm very excited about working with you on making sure that that happens. I know that our discussion, when we talked about this particular item, if I'm not mistaken, my questions around making sure that, not just from a job perspective, but also from a minority contractors' and vendors' perspective, to make sure that we try to provide some kind of opportunities for a lot of those vendors that may have -- that may want to have those same opportunities for a big project like that, not just African Americans, but women, to make sure we have some kind of participation in it. OK. Chairman Gonzalez: Vice Chairman Winton. No? Vice Chairman Winton: 1 would like to make a comment after 1 vote. City of Miami Page 60 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wishes to address the Commission, please come forward. Seeing none, hearing none, the public hearing is closed. All in -- those in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Vice Chairman Winton: Mr. Chairman. Chairman Gonzalez: Commission -- Vice Chairman Winton. Vice Chairman Winton: When we approved this back in 2001? Ms. Billberry: Initially. Vice Chairman Winton: Right. Around there, right? Chairman Gonzalez: Around there. Vice Chairman Winton: One of the elements of our approval process was related to our view that creating a mega yacht marina would in fact have a very positive economic benefit to our city, not just there -- Commissioner Spence -Jones: Um -hum. Vice Chairman Winton: -- but ripple effect for new jobs, and you all have already read where that effect has taken place because Hugh Westbrook has bought Merrill -Stevens, and there was an announcement in the paper that they're going to radically expand Merrill -Stevens' yard in Commissioner Gonzalez's district, and they're going to add, relatively soon, a hundred more jobs or a hundred -plus more jobs, and those are good paying jobs because they take big yachts and they -- sometimes they cut them in half, or they completely refurbish them. I mean, these are really, really good -paying jobs, and this is only step one of that economic impact that this project's going to have on our city. We've seen step one, which is a big deal. There's at least 20 more steps coming, so I'm really glad that this Commission made that decision, and I'm proud that the folks at Flagstone, who have been through -- what year is this, 2006? Chairman Gonzalez: 2006. Vice chairman Winton: So five years of -- Chairman Gonzalez: Patience. Vice Chairman Winton: -- a lot of expense. It is not inexpensive to work on a project for five years and have nothing yet under construction, so thank goodness, they had deep pockets. Thank goodness, they had their sights narrowly focused on how important this project could be to them and our city, and we're going to come out the big winner. Chairman Gonzalez: That's right. Commissioner Sanchez: PH. 8. Ms. Billberry: Thank you. PH.7 05-01495 ORDINANCE Public Hearing City of Miami Page 61 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Department of Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55/SECTION 55-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS/SAME-PROCEDURE- CONFERENCE AND TENTATIVE PLAT," BY LENGTHENING THE PERIOD OF TENTATIVE PLAT APPROVAL; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-01495 Legislation.pdf 05-01495 Summary Form.pdf 05-01495 Public Hearing Memo.pdf 05-01495 Public Hearing Ad.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. PH 7. Stephanie Grindell: Stephanie Grindell, director of Public Works. This is an ordinance amending Chapter 55, allowing the tentative plat approval period to increase from one year to 18 months. Chairman Gonzalez: All right. Vice Chairman Winton: So moved. Chairman Gonzalez: We have a motion. Do I hear a second? Commissioner Sanchez: Second Chairman Gonzalez: And we have a second. It's a public hearing. Commissioner Sanchez: Is this --? Chairman Gonzalez: Anyone from the public -- Commissioner Sanchez: How does this simp16, the process? Not -- Ms. Grindell: It doesn't really simplify -- Chairman Gonzalez: 1t doesn't simplify it. Ms. Grindell: -- the process, but -- Chairman Gonzalez: It give it more time. Commissioner Sanchez: Gives you more time? Ms. Grindell: -- do -- Chairman Gonzalez: Right. Ms. Grindell: It gives them -- Vice Chairman Winton: Yes. City of Miami Page 62 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Ms. Grindell: -- more time. Vice Chairman Winton: Yeah. Ms. Grindell: They have -- some of them -- when you have the vacations, the street vacations, alley vacations, sometimes you get really close to the deadline and when they do, they have to start the entire process all over again -- Chairman Gonzalez: Right. Ms. Grindell: -- so -- Vice Chairman Winton: No. It's torture. Ms. Grindell: -- this will allow them a cushion. Vice Chairman Winton: Yeah, and they need it. Commissioner Sanchez: But once you exceed that time, you go back. Ms. Grindell: You have to start all over again. Chairman Gonzalez: Yeah. Commissioner Sanchez: All right. Chairman Gonzalez: This is great. It's great. All right. Anyone from the public that wishes to address the Commission on this item, please come forward. Seeing none, hearing none, the public hearing is closed. It's an ordinance? Jorge L. Fernandez (City Attorney): Yes. Chairman Gonzalez.: Mr. City Attorney. The ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PH.8 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. City of Miami Page 63 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 05-01423 Legislation.pdf 05-01423 Summary Fomi.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 Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones 10:30 A.M. PH.9 05-01432 Department of Community Development Chairman Gonzalez: PH.8. Stephanie Grindell (Director, Public Works): This is an ordinance renaming Southeast 1st Avenue from Southeast 8th Street to Southeast 12th Street to Brickell Plaza. Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Chairman Gonzalez: All right. We have a motion and we have a second. This is a public hearing. Anyone from the public that wishes to address the Commission, please come forward. OK, seeing none, hearing none, the public hearing is closed It is an ordinance. Mr. City Attorney. The ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. RESOLUTION "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." 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. City of Miami Page 64 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 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 Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones PH.10 05-01521 Department of Community Development R-06-0019 Chairman Gonzalez: All right. We have some 10:30 time certain items, PH.9. Good morning, Ms. Rodriguez. Barbara Gomez -Rodriguez (Director, Community Development): Good morning. Chairman Gonzalez: It's always a pleasure to see you. Ms. Gomez -Rodriguez: Thank you. Barbara Rodriguez, Department of Community Development. PH.9, we're going to be amending it, and basically what we're saying is that we will not transfer the funds from the Haitian American Foundation. However, we will not reimburse the Haitian American Foundation under this contract until the negotiations that are currently going on are complete. Commissioner Sanchez: That's reasonable. Commissioner Spence -Jones: Yes, and I just want to say thank you so much, Barbara, for sitting and working out with Jaffe, and coming to some kind of resolution, and I look forward to working with you guys to make sure that the elderly folks in Little Haiti get what they need. Commissioner Sanchez: Second Chairman Gonzalez: All right. We have a motion and we have a second All in favor -- I'm sorry. This is a public hearing. Anyone from the public that wishes to address the Commission on this item, please come forward Seeing none, hearing none, the public hearing is closed. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A QUIT CLAIM DEED FROM HABITAT FOR HUMANITY OF GREATER MIAMI, INC., TO THE CITY OF MIAMI, FOR THE CONVEYANCE OF THE PARCEL OF LAND LOCATED AT 236 NORTHWEST 16TH STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO CONVEY, WITH PARCEL REVERTER PROVISIONS, SAID PARCEL OF LAND TO City of Miami Page 65 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 OVERTOWN CONDOMINIUM, LLC., FOR THE DEVELOPMENT OF AFFORDABLE HOUSING FOR LOW TO MODERATE INCOME PERSONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, FOR SAID PURPOSES. 05-01521 Legislation.pdf 05-01521 Exhibit.pdf 05-01521 Summary Form.pdf Motion by Commissioner Spence -Jones, 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.11 05-01522 Department of Community Development R-06-0020 Chairman Gonzalez: PH.10. Barbara Gomez -Rodriguez (Director, Community Development): PH.10, we are requesting approval to accept a donation from Habitat of Humanity, which is the current owner of a parcel of land at 236 Northwest 16th Street, and at the same time, to give us approval to donate that parcel of land to the National Housing Development Corporation, a nonprofit, for the project Overtown Condominium, LLC. We've been working on this project for the last two years, and this is a crucial parcel because it's in the middle of the development. This will help us build 31 affordable housing units. Vice Chairman Winton: Wow. Commissioner Spence -Jones: So moved. Commissioner Sanchez: Second Vice Chairman Winton: Second Chairman Gonzalez: All right. We have a motion and we have a second. This is a public hearing. Anyone from the public that wishes to address the Commission on this item, please come forward Seeing none, hearing none, the public hearing is closed 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RELEASE OF A TEN-YEAR AFFORDABILITY RESTRICTIVE COVENANT FOR TEN PARCELS OF LAND, DESCRIBED IN "ATTACHMENT A", ATTACHED AND INCORPORATED, THAT ARE BEING DEVELOPED FOR AFFORDABLE HOUSING; AUTHORIZING A THIRTY-YEAR AFFORDABILITY RESTRICTIVE COVENANT TO BE ENFORCED BY HABITAT FOR HUMANITY OF GREATER MIAMI, INC., FOR SAID TEN PARCELS OF LAND; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PARTIAL RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENT(S), FOR SAID PURPOSE. City of Miami Page 66 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 05-01522 Legislation.pdf 05-01522 Exhibit 1.pdf 05-01522 Exhibit 2.pdf 05-01522 Summary Form.pdf WITHDRAWN Barbara Gomez -Rodriguez (Director, Community Development): PH (public hearing) -- Chairman Gonzalez.: PH.11. Ms. Gomez -Rodriguez: -- 11, we're being pulled. Chairman Gonzalez: It's being pulled. Commissioner Sanchez: OK. PH.12 05-01523 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), ADOPTING THE PLANNING CALENDAR, AS SPECIFIED Development IN "ATTACHMENT A," ATTACHED AND INCORPORATED, FOR THE 32ND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND OTHER PROGRAMS FUNDED THROUGH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 05-01523 Legislation.pdf 05-01523 Exhibit.pdf 05-01523 Summary Form.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0021 Chairman Gonzalez: PH.12. Barbara Gomez -Rodriguez (Director, Community Development): And PH. 12 is basically letting the public know that we are going to start the new calendar for community development, and basically the Request for Proposal will be going out February 13. They will be back March 15, and we hope to be here at the City Commission June 8. Chairman Gonzalez: All right. Commissioner Sanchez: So move. Chairman Gonzalez: We have a motion. Do I hear -- ? Commissioner Spence -Jones: Second. Chairman Gonzalez: And we have a second. This is a public hearing. Anyone from the public that wishes to address the Commission, please come forward. Seeing none, hearing none, the public hearing is closed. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 67 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Chairman Gonzalez: All opposed have the same right. Commissioner Sanchez: Madam Director, could we make sure that we do everything possible to make sure that the meetings on the district -- different districts don't fall on the same day? Chairman Gonzalez: Right. Ms. Gomez -Rodriguez: No. They've all been prearranged already with your own staff -- Commissioner Sanchez: OK. Ms. Gomez -Rodriguez: -- and this year, we -- we're spreading it out in a whole month -- Commissioner Sanchez: All right. Ms. Gomez -Rodriguez: -- so your office have already scheduled your public hearing. Chairman Gonzalez: All right. Ms. Gomez -Rodriguez: Thank you very much. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All right. Motion carries. Now, we have concluded the 10:30 time certain items. City of Miami Page 68 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 ORDINANCE - FIRST READING FR.1 05-01501 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 40/ARTICLE IV/DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST," TO IDENTIFY CERTAIN EVENTS AS REEMPLOYMENT OF RETIREES; MORE PARTICULARLY BY AMENDING SECTION 40-255(L), TO CLARIFY THE CIRCUMSTANCES UNDER WHICH RETIRED EMPLOYEES CAN RECEIVE COMPENSATION FROM THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-01501 Legislation SR.pdf 05-01501 Cover Memo FR/SR.pdf 05-01501 Memo FR/SR.pdf 05-01501 Legislation FR.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. FR.1. Vice Chairman Winton: City -- Chairman Gonzalez.: Mr. City Attorney. Vice Chairman Winton: Somebody from staff. Jorge L. Fernandez (City Attorney): Yes. FR.1 is an amendment to your personnel pension and retirement ordinance. This clarifies the individuals' ability -- an individual's ability to come and work for the City on a part-time basis, on a contract basis, on any other basis, other than as a full-time regular employee without affecting his or her entitlement to pension benefits. This clarifies an area where there has been some disagreement with the pension boards, and by you amending it to this particular, it makes it very clear that the City may hire, on a part-time basis or a consulting basis, individuals that have knowledge and expertise because of their many years of service to the City without impinging or affecting their pension entitlements. Commissioner Sanchez: So move. Vice Chairman Winton: Second. Chairman Gonzalez.: All right. We have a motion and we have a second. It is an ordinance, isn't it? Mr. Fernandez: Yes, it is. Chairman Gonzalez: Yes, sir. Commissioner Sanchez: First reading. Mr. Fernandez: And if it reads -- but if there is no input from the public? City of Miami Page 69 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Chairman Gonzalez: OK. It's a public hearing. Anyone from the public that wishes to address the Commission? Yes, sir, you're recognized. Joe Simmons: Joe Simmons, 1798 Northwest 57th Street, Miami, Florida. My only question would be -- you know, I'm also a current trustee on the GESE (General Employees and Sanitation Employees) Trust. My only question is, when these type of matters come before the board, there is an issue of clarification, and there's a sense that there's just those on the executive level allowed to come back and be reemployed in a part-time basis, but no one else. We have a shortage of manpower. We have equipment issues within the department, and we have retirees that are experienced in operating certain piece of equipment that would like to come back, hopefully, on a part-time basis when needed. Would that apply to those individuals as well? Rosalie Mark (Director, Employee Relations): Yes. Vice Chairman Winton: Mr. City -- Commissioner Spence -Jones: I want to make sure -- Mr. City Attorney. Vice Chairman Winton: Who's going to answer the question? Commissioner Spence -Jones: Who's -- Mr. Fernandez: Yes. The Personnel director should state that, categorically, on the record. Rosalie Mark: Rosalie Mark, director, Employee Relations. This would make that available to other employees. However, we also have a special need right now that I think Mr. Simmons was referring to regarding a couple of employees with very, very specialized skills, who are retiring, who we're planning to bring back, only on a short-term basis, to help us with the implementation of a technology system, so we aren't looking, necessarily, to create another whole practice, but yes, we could hire other employees retired on a part-time or temporary basis. Chairman Gonzalez: All right. Anyone else? Mr. Fernandez: The ordinance reads an ordinance of the Miami City -- Vice Chairman Winton: Well -- Chairman Gonzalez: No. Wait a minute. Vice Chairman Winton: -- no. There's one more. Mr. Fernandez: I'm sorry. Chairman Gonzalez: We have one more. Vice Chairman Winton: One more. Chairman Gonzalez: Come on, Charlie. Charlie Cox: I'm sorry; I'm not here to oppose it. The only thing that, when I read the ordinance -- "part-time," "temporary," "casual" is not spelled out. 1 mean, what does "part-time" mean? What does "casual" mean, and how long of duration do these things go on for? City of Miami Page 70 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Chairman Gonzalez: Ms. Mark, could you please answer? Ms. Mark: Part-time, temporary, and casual is the same definition we currently have in the City. Part-time and temporary are also -- are one in the same, actually. They are either going to be working a partial week or a full week, so we have temporary full-timers and we have part-timers. There's nothing different as far as how it relates to this ordinance change. Chairman Gonzalez: All right. Did that answer your question? Vice Chairman Winton: Well, that's the answer. Chairman Gonzalez: All right. Anyone else from the public? Seeing none, the public hearing is closed. Mr. City Attorney. The ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Chairman, before I call the roll, Chairman, may I make sure that I'm following? I have a substitute for FR.1, and I just wanted to make sure if it's -- Mr. Fernandez: You sure do. Chairman Gonzalez: Yes, you do. Mr. Fernandez: Yes, you do, and that's the one that's being passed out. Chairman Gonzalez: All right. Roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. City of Miami Page 71 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 RESOLUTION RE.1 05-01500 RESOLUTION Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING Waste PAYMENT TO MIAMI-DADE COUNTY ("COUNTY") FOR THE DISPOSAL OF CERTAIN SOLID WASTE COLLECTED IN AND BY THE CITY OF MIAMI ("CITY"), IN AN ESTIMATED AMOUNT NOT TO EXCEED $9,600,000, TO BE EXPENDED AS NECESSARY THROUGHOUT THE 2005-2006 FISCAL YEAR FOR A ONE-YEAR PERIOD, PURSUANT TO AN INTERLOCAL AGREEMENT ENTERED INTO SEPTEMBER 29, 1995, BY AND BETWEEN THE CITY AND THE COUNTY; STIPULATING THAT THIS AMOUNT CANNOT BE INCREASED WITHOUT PRIOR APPROVAL OF THE CITY'S OFFICE OF STRATEGIC PLANNING, BUDGETING & PERFORMANCE; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 422001.320302.6.531. 05-01500 Legislation.pdf 05-01500 Summary Form.pdf 05-01500 Letter .pdf 05-01500 Disposal Fee -Transfer Fee.pdf 05-01500 Pre Interlocal Agreement.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-06-0029 Chairman Gonzalez: OK. RE. 1. Commissioner Sanchez: Every year. Mario Soldevilla (Director, Solid Waste): This is correct. Commissioner Sanchez: Every year we've got to swallow this bad -tasting pill. Chairman Gonzalez: That's right. Mr. Soldevilla: Good morning, Commissioner. Mario -- Commissioner Spence -Jones: Good morning. Chairman Gonzalez: Good morning. Mr. Soldevilla: -- Soldevilla, director of Solid Waste. This is the -- a yearly resolution to appropriate funds for the payment of scale fees to Dade County. This year the fees increased by three percent from last year. The current fee disposal amounts are 5365 at the Dade County's landfill per ton, and 6425 per ton at the Resource Recovery facility, which is located at Northwest 20th Street and 12th Avenue. Chairman Gonzalez: All right. Do 1 hear -- Vice Chairman Winton: How much -- City of Miami Page 72 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Chairman Gonzalez: -- a motion? Vice Chairman Winton: -- is that same price in Broward? Mr. Soldevilla: Well, it's a little bit less. However, the cost of transporation is really increasing. Vice Chairman Winton: Is it a little bit less or a lot less? Mr. Soldevilla: No. A little bit. Vice Chairman Winton: A little bit? Mr. Soldevilla: Yeah. Vice Chairman Winton: So moved Commissioner Sanchez: Second, but -- Commissioner Regalado: Second. Commissioner Sanchez: --1 think we should discuss it. Chairman Gonzalez: All right. We have a motion and we have a second. Discussion. Vice Chairman Winton: (INAUDIBLE). Chairman Gonzalez: Commissioner Sanchez -- Commissioner Sanchez: 1 know that the -- Chairman Gonzalez: -- you're recognized Commissioner Sanchez: -- discussion isn't going -- Vice Chairman Winton: We've had it every year. Commissioner Sanchez: -- to do anything, but I -- Commissioner Regalado: Yeah. Commissioner Sanchez: -- mean, it's -- every year we -- Commissioner Regalado: 2017. 2017, right? Vice Chairman Winton: Yeah. Chairman Gonzalez: You gotta pay, you gotta to pay. Commissioner Regalado: They contract -- Vice Chairman Winton: We're going to have an opportunity to discuss it for -- Commissioner Regalado: The contract is until -- Vice Chairman Winton: -- 11 more years. City of Miami Page 73 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Mr. Soldevilla: Yes. The contract goes through 2015. Commissioner Regalado: Oh. Vice Chairman Winton: Oh. Commissioner Regalado: Well, I was close, so -- Vice Chairman Winton: Nine more years. Commissioner Regalado: -- we are much better. Vice Chairman Winton: Nine more years. Chairman Gonzalez: He's right there. Commissioner Sanchez: But see -- Chairman Gonzalez: Right there. Commissioner Sanchez: Let me tell you. I don't know as long as there's justification for an increase, but every year they increase our tipping fees. Our hands are tied; there's nothing we could do about it, and really, we're here to look after the taxpayers' dollars on this, and we do everything we can, and we committed to maintain our garbage fee with the best possible service for 325, and every year we have to pass a resolution that has an increase to the tipping fee, but there's nothing we could do about it -- Chairman Gonzalez: That's right. Commissioner Sanchez: -- and that's just a very hard -- you know, it's a tough pill to swallow, because we subsidize -- I think there's more here -- the savings that we pass onto our taxpayers, we subsidize the cost. What is the total amount that we're subsidizing right now for Solid Waste? Mr. Soldevilla: In terms of the loaded budget? Commissioner Sanchez: At the end of the year, what is the check that we write to compensate or make up for the cost that we're generating from the public as to what it's costing us? It's got to be somewhere around the eight million. Mr. Soldevilla: Well, yes. I really don't have that figure, Commissioner, but -- Joe Arriola (City Manager): (INAUDIBLE) in that ballpark. Commissioner Sanchez: It is in that ballpark. Mr. Soldevilla: It is around that. However, you did do something, Commissioner, and you did pass a resolution where we're able to take our clean yard trash over to the Waste Management landfill and that's saving the City about a million dollars. Commissioner Sanchez: Well, that's a step in the right direction -- Mr. Soldevilla: Um -hum. Commissioner Sanchez: -- but still, on the tipping fee in itself, is there anything that we could City of Miami Page 74 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 RE.2 05-01561 Department of Fire -Rescue do? Could we possibly, I don't know, challenge it in court or -- ? We -- Vice Chairman Winton: I thought we already did. Commissioner Sanchez: No, we've never done that. You know, it's hard to sit here -- Mr. Soldevilla: Yeah. Vice Chairman Winton: You need to ask the City Attorney -- Commissioner Sanchez: -- and the people that are watching -- Vice Chairman Winton: -- that question then. Commissioner Sanchez: -- and people are watching us -- they've elected us to look after their dollars, and it's just very hard to explain that every year they -- we're faced with an increase pertaining to the tipping fees, and there's nothing we could do about it. Mr. Soldevilla: Right now there isn't. Right now we have an interlocal agreement and that agreement is going to carry us through 2015 -- Commissioner Sanchez: 2015. Mr. Soldevilla: -- and you know, we are exploring other areas. Mr. Arriola: To give you a -- not any satisfaction because this is not satisfaction because they are as much to blame as anybody else. Part of this is where we get the $40 million for the clean-up of Virginia Key. Having said that, they also polluted Virginia Key, and as a matter of fact, they're still polluting Virginia Key as we speak, so -- but about $40 million of part of this money we're paying is going to go for the long-term clean-up of Virginia Key. I mean -- this is a very little con -- you know, consolation for what you're doing, but at least we got something out of it, Commissioner. 1 mean, it's nowhere near -- Vice Chairman Winton: Forty million's a lot of money. Mr. Arriola: -- what we need or what we want, especially when they were -- Commissioner Sanchez: All right. Mr. Arriola: -- a part of the problem. Commissioner Sanchez: I'm done. It's tough to swallow. Chairman Gonzalez: All right. Any further discussion? Seeing none, hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: It's a resolution, so the vote is unanimous. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SAFER GRANT," AND APPROPRIATING FUNDS FOR ITS OPERATION, IN THE AMOUNT OF $1,004,105, FOR FISCAL YEAR 2006, City of Miami Page 75 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 CONSISTING OF A GRANT IN THE TOTAL AMOUNT OF $2,600,000, FOR A FIVE-YEAR PERIOD, FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, AND REQUIRED MATCHING FUNDS, FROM THE CITY OF MIAMI AS LISTED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR THE IMMEDIATE HIRING OF THIRTY (30) FIREFIGHTERS AND PROMOTING SIX (6) LIEUTENANTS AND TWO (2) CAPTAINS; ALLOCATING FUNDS FROM THE DEPARTMENT OF FIRE -RESCUE GENERAL ACCOUNT CODE NO. 001.000.280601.6.001, TO FUND THE COST OF SALARIES AND ASSOCIATED BENEFITS BEYOND THE AMOUNTS LISTED ON SAID GRANT; ALLOCATING FUNDS FOR THE REMAINING FOUR-YEAR GRANT FUNDING PERIOD, SUBJECT TO FUTURE GRANT APPROPRIATION AND BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AND TO COMPLETE THE NECESSARY STEPS TO COMMENCE THE HIRING OF SAID FIREFIGHTERS. 05-01561 - Legislation.pdf 05-01561 Exhibit-1 SUB.pdf 05-01561 - Summary Form.pdf 05-01561 - Section 1.pdf 05-01561 - Award Status.pdf 05-01561 - Award Package.pdf 05-01561 - Award Package 2.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-06-0030 Chairman Gonzalez: RE.2. Commissioner Sanchez: RE.2. Chairman Gonzalez: Yes, sir. Could you please give us some information on this item? Deputy Fire Chief Maurice Kemp: Maurice Kemp, deputy fire chief. There's a substitution that's been distributed to RE. 2 -- Chairman Gonzalez: Um -hum. Deputy Fire Chief Kemp: -- that was finished by the Law Department, and what we have here is a resolution that would establish a special revenue fund consisting of a grant from DHS (Department of Homeland Security) and a general fund contribution to allow us to hire 30 new firefighters, promote six lieutenants, two captains, and what this would allow us to do is to put two rescues in service; one on the west end of town at Station 11, 5290 West Flagler Street, and the other would be at Station 4, 1105 Southwest 2nd Avenue. That's put a full-time rescue there, and this is the first year, in the Department's Five -Year Plan, to keep up with the growth in the city. The Budget director has worked with Fire and Police to come up with a five-year plan, which hasn't been finalized in the out years, but this is the Fire Department's first year implementation of that plan. Vice Chairman Winton: So moved. City of Miami Page 76 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Commissioner Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. Discussion. None. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Deputy Fire Chief Kemp: Thank you. Chairman Gonzalez: All right. We go to -- Commissioner Sanchez: I would like to say that this was -- certain individuals wanted us to put that million dollar towards the grant and this legislative body said that we would wait for the grant to come in, and 1 think we would have jeopardized putting the million dollars upfront when the federal government is looking out for a lot of money to be going to the hurricane victims in the United States and other tragedies throughout the world, so I'm glad to see you got your employees. I'm all for it, and I support it, and I'm also glad to say that the Finance director said that after the five years, based on the growth that's coming in with the ad valorem tax, we will be able to pick up the cost, which is something that we need to be fiscal responsible as to the people we're hiring based on our growth, but looking at long-term, making sure that once those five years -- those funds stop coming in, we could pick up the expenses. Just being, you know, fiscal responsible. Deputy Fire Chief Kemp: Yes, sir. 1 would be remiss if I didn't acknowledge the efforts of the Grants. Department and Mr. Ruano in helping us to acquire this grant, so I wanted to acknowledge those efforts as well. City of Miami Page 77 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 BOARDS AND COMMITTEES Chairman Gonzalez: All right. I'm going to defer all of my appointments for the next meeting. BC.1 05-00321 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Kricket Snow Vice Chairman Johnny Winton Arva Moore Parks Commissioner Joe Sanchez Janice Tarbert Commissioner Tomas Regalado Maria Sardifia Mann Commissioner Tomas Regalado Robert Young Commissioner Michelle Spence -Jones 05-00321 memo.pdf 05-00321 members.pdf 05-00321-applications.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-06-0036 A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unanimously, to appoint Janice Tarbert and Maria Sardina Mann as members of the Planning Advisory Board. A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sanchez, and was passed unanimously, with Commissioner Regalado absent, to appoint Robert Young as a member of the Planning Advisory Board. A motion was made by Commissioner Sanchez, seconded by Vice Chairman Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Arva Moore Parks as a member of the Planning Advisory Board. Chairman Gonzalez: All right. We're going to go into the board appointments. Commissioner Regalado has asked me to get his nomination first; he has to go to work, so Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you very much, Mr. -- Chairman Gonzalez: The first one is Planning Advisory Board. City of Miami Page 78 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Commissioner Regalado: Thank you very much, Mr. Chairman. On the Planning Advisory Board, I have two appointments. One, Janice Tarbert. This is a recent appointment. It would be a reappointment. The other one, Maria Sardina Mann, a new appointment, for the Planning Advisory Board. On the Zoning Board -- Vice Chairman Winton: Should we do them one at a time, Mr. City Attorney -- Commissioner Regalado: Oh. Vice Chairman Winton: -- or Madam Clerk? Priscilla A. Thompson (City Clerk): One at a time, please. Vice Chairman Winton: One -- Commissioner Regalado: One at a time. Vice Chairman Winton: -- board at a time. Commissioner Regalado: That would be my appointment for the Planning Board. Chairman Gonzalez: All right. We have a motion. Vice Chairman Winton: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. [Later.] Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: Yes, I do have some appointments. Under Planning Advisory Board, I'm going to reappoint, I guess, Robert Young. 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. [Later..] Chairman Gonzalez. All right. Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, I'll go down the list. On Planning Advisory Board, 1 would like to reappoint Arva Moore Parks to that board. So move. Vice Chairman Winton: Second. Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye." City of Miami Page 79 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. [Later..] Chairman Gonzalez: Vice Chairman Winton. Vice Chairman Winton: Planning Advisory Board, I want to reappoint Kricket Snow. So move. 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: Motion carries. BC.2 05-00502 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ZONING BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Joseph Ganguzza Vice Chairman Johnny Winton C. Chloe Keidash Vice Chairman Johnny Winton Juvenal Piria Commissioner Joe Sanchez Ileana Hernandez -Acosta Commissioner Joe Sanchez Angel Urquiola Commissioner Tomas Regalado 05-00502 memo.pdf 05-00502 members.pdf 05-00502 applications.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-06-0037 A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unanimously, to appoint Angel Urquiola as a member of the Zoning Board. A motion was made by Commissioner Sanchez, seconded by Vice Chairman Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Juvenal Pina and Ileana Hernandez -Acosta as members of the Zoning Board; however, the action waiving the term limits of Section 2-885(b) of the Code of the City of Miami, as amended, by a unanimous (5/5) vote of City of Miami Page 80 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 the members of the City Commission, as it relates to Ileana Hernandez -Acosta and Juvenal Pula as members of the Zoning Board will be reconsidered at a future commission meeting due to the absence of Commissioner Regalado. Chairman Gonzalez: Now Zoning Board. Commissioner Regalado: Zoning Board. Mr. Chairman, thank you. Commissioner Sanchez: The Planning -- you're going to let him do his -- all his appointments? Chairman Gonzalez: Yeah. He's -- so he can go. Commissioner Regalado: Just that I have to leave. Zoning Board, reappointment of Angel Urquiola -- Chairman Gonzalez: OK. Commissioner Regalado: -- and the next one will be deferred to the next Commission meeting. So move. Chairman Gonzalez: All right. We have a motion. Is there a second? Vice Chairman Winton: Second. Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. [Later.] Chairman Gonzalez: OK. Commissioner Sanchez. Commissioner Sanchez: Zoning Board, I would like to reappoint, with a term waiver -- Priscilla A. Thompson (City Clerk): BC.2. Commissioner Sanchez: -- both of my appointees, Juvenal Pina and Ileana Hernandez -Acosta. 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. [Later.] Vice Chairman Winton: Zoning Board. Chairman Gonzalez: Zoning Board. Vice Chairman Winton: Reappoint Joseph Ganguzza and -- what's her name? City of Miami Page 81 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Unidentified Speaker: Keidash, Chloe. Priscilla A. Thompson (City Clerk): Chloe. Vice Chairman Winton: -- Chloe Keidash. Chairman Gonzalez: All right. Vice Chairman Winton: So Joseph Ganguzza and Chloe -- Ms. Thompson: Chloe. Vice Chairman Winton: -- Keidash. Chairman Gonzalez: All right. We have a motion. Vice Chairman Winton: Need a second. Commissioner Sanchez: Need a second. Chairman Gonzalez: I need a second. Commissioner Sanchez: Second. Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. BC.3 05-01459 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Thema Campbell Commissioner Michelle Spence -Jones Corky Dozier Commissioner Michelle Spence -Jones 05-01459 memo.pdf 05-01459 members.pdf 05-01459 resignation - solares.pdf Motion by Commissioner Spence -Jones, 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-06-0040 Commissioner Spence -Jones: And on the Commission Status of Women, I'm appointing two new City of Miami Page 82 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 BC.4 05-01470 Office of the City Clerk people: Thema Campbell and Corky Dozier. I believe you have the information already. 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. [Later.] Commissioner Sanchez: Commission of the Status of Women [sic], I would like to defer. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AND CONFIRMING THE ELECTION OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVIL SERVICE BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: ELECTED REPRESENTATIVE Jorge L. Garcia Michael T. Dames 05-01470 memo.pdf 05-01470 members.pdf WITHDRAWN NOMINATED BY: Commission At -Large Commission At -Large Commission At -Large SEAT REPRESENTED: Seat #1 Seat #2 Chairman Gonzalez: All right. That's it, I think Commissioner Regalado: That's -- thank you very much, Mr. Chairman. Chairman Gonzalez: All right. Commissioner Spence -Jones. Commissioner Regalado: Just for clarification, the Civil Service Board have been withdrawn? Vice Chairman Winton: Yes. Jorge L. Fernandez (City Attorney): Yes, it has. City of Miami Page 83 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Chairman Gonzalez: Yes. Commissioner Regalado: Oh, OK. BC.5 05-01471 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Allan Rubin Vice Chairman Johnny Winton Sam Gentry Vice Chairman Johnny Winton Commissioner Joe Sanchez Commissioner Joe Sanchez Carlos Saldivar Commissioner Tomas Regalado 05-01471 memo.pdf 05-01471 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-06-0039 A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unanimously, to appoint Carlos Saldivar as a member of the Miami Sports & Exhibition Authority (MSEA); further waiving the elector requirements in Code Section 53-123 by a four/fifths (4/5) vote of the members of the full City Commission, and further waiving the residency requirements in Code Section 2-884(a) by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Carlos Saldivar as a member of the Miami Sports & Exhibition Authority (MSEA). A motion was made by Vice Chairman Winton, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Regalado absent, to appoint Commissioner Joe Sanchez as a member of the Miami Sports & Exhibition Authority (MSEA). Chairman Gonzalez: B6 [sic]. Commissioner Regalado: And the appointment for the Miami Sports and Exhibition Authority, Carlos Saldivar, also with a waiver. Chairman Gonzalez: All right. We have a motion -- Vice Chairman Winton: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 84 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Chairman Gonzalez: Motion -- Commissioner Regalado: Thank you. Chairman Gonzalez: -- carries. [Later.] Commissioner Sanchez: Moving down to the Miami Sports and Exhibition, I think I would respectfully request someone to reappoint me. Vice Chairman Winton: So move. Chairman Gonzalez: Second. Vice Chairman Winton: No. Michelle -- Commissioner Sanchez: You can't second. Vice Chairman Winton: -- we need a second. Chairman Gonzalez: 1 can't second. Sorry. Commissioner Spence -Jones: Oh, 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. [Later.] Vice Chairman Winton: MSEA (Miami Sports and Exhibition Authority), reappoint Allan Rubin. Is that the one that we need residency waiver on, Madam Clerk? Priscilla A. Thompson (City Clerk): I'm sorry, your person that you're appointing again? Vice Chairman Winton: MSEA, Allan Rubin. Ms. Thompson: Yes. Vice Chairman Winton: OK, and so we need the residency waiver on Allan Rubin, and reappoint Sam Gentry, that we don't need anything on. So move. Commissioner Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. BC.6 05-01472 RESOLUTION City of Miami Page 85 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Rick Rodriguez-Pii a Vice Chairman Johnny Winton Ron Stone Vice Chairman Johnny Winton Michael Sheldon Commissioner Joe Sanchez Arthur Hertz Commissioner Joe Sanchez Max Cruz Commissioner Tomas Regalado Carlos Saldivar Commissioner Tomas Regalado Pierre Rutledge Commissioner Michelle Spence -Jones 05-01472 memo.pdf 05-01472 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-06-0038 A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unanimously, to appoint Max Cruz and Carlos Saldivar as members of the Orange Bowl Advisory Board; further waiving the elector requirements in Code Section 53-123 by a four/fifths (4/5) vote of the members of the full City Commission, and further waiving the residency requirements in Code Section 2-884(a) by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Max Cruz and Carlos Saldivar as members of the Orange Bowl Advisory Board. A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sanchez, and was passed unanimously, with Commissioner Regaldo absent, to appoint Pierre Rutledge as a member of the Orange Bowl Advisory Board. A motion was made by Commissioner Sanchez, seconded by Vice Chairman Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Michael Sheldon and Arthur Hertz as members of the Orange Bowl Advisory Board; further waiving the elector requirements in Code Section 53-123 by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Arthur Hertz as a member of the Orange Bowl Advisory Board. Chairman Gonzalez: OK. Commission on the Status of Women, BC.3. Commissioner Regalado: I don't have appointment. Chairman Gonzalez: You don't have any. City of Miami Page 86 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Priscilla A. Thompson (City Clerk): He doesn't. Commissioner Regalado: No. I do have appointment on the Miami Sports and Exhibition Authority and the Orange Bowl Advisory Board. The Orange Bowl Advisory Board will be Max Cruz and Carlos Saldivar. So move. Chairman Gonzalez: OK, we have a motion -- Vice Chairman Winton: Second. Chairman Gonzalez: -- and we have a second All in favor, say "aye." The Commission (Collectively): Aye. Ms. Thompson: Chair. Chairman Gonzalez: Those opposed have -- yes, ma'am. Ms. Thompson: If I might. They will need residency and elector waivers, please. Commissioner Regalado: Oh, residency waiver, yes. Ms. Thompson: And elector. Chairman Gonzalez: OK. Well, we have a motion with the waivers and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. [Later.. ] Commissioner Spence -Jones: And then the last one is the Orange Bowl Advisory Board. I'm removing Sam Burstyn, replacing him with Pierre Rutledge. Commissioner Sanchez: So moved 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. Commissioner Sanchez: Does that take care of all your appointees? Commissioner Spence -Jones: Um-hmm. [Later.] Commissioner Sanchez: Orange Bowl Advisory Board, I would like to nominate Michael Sheldon and reappoint, with a four -fifth waiver, Arthur Hertz. Vice Chairman Winton: So move -- second City of Miami Page 87 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 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. Commissioner Sanchez: And I believe that does it. Chairman Gonzalez: That's it. [Later..] Vice Chairman Winton: Orange Bowl Committee, reappoint Rick Rodriguez Pina and Ron Stone. 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: Motion carries. DISCUSSION ITEM D1.1 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 DISCUSSED Chairman Gonzalez: OK. We have one last item, which is DI 1. It's a financial update and budget outlook. Mr. Larry Springs [sic], sir. Vice Chairman Winton: Are we solvent? Larry Spring: Commissioners, Larry Spring, chief of Strategic Planning, Budgeting and Performance. As of our October 31 reporting period, there are no reportable conditions to put on the record at this time. As you know, the budget year just started, so there are no major changes at this point in time, so that's the update. Chairman Gonzalez: All right. That concludes the agenda, so I need a motion to adjourn. Commissioner Spence -Jones: So moved. Chairman Gonzalez: We have a motion. Do I hear a second? I'm sure we have a second. All those in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 88 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 NA.1 05-01562 Model City Community Revitalization District Trust Chairman Gonzalez: Motion carries. The meeting stands adjourned. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) APPROVING THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST'S ("TRUST") APPOINTMENT OF JEFFREY WHITAKER AS THE INTERIM PRESIDENT/CHIEF EXECUTIVE OFFICER OF THE TRUST, UNDER THE TERMS AND CONDITIONS OF EMPLOYMENT AGREED UPON. 05-01562 Exhibit-1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado NA.2 06-00060 Department of Fire -Rescue R-06-0032 Jorge L. Fernandez (City Attorney): There are three pocket items. Commissioner Spence -Jones has a pocket item with regard to the appointment approving the Model City Community Revitalization District Trust, appointment of Jeffrey Whitacker as president/chief executive officer of the Trust. Commissioner Sanchez: As interim -- Commissioner Spence -Jones: Yes. Commissioner Sanchez: -- executive director. Second. Commissioner Spence -Jones: It's for 60 to 90 days, is what it says. Commissioner Sanchez: While they do a search? Commissioner Spence -Jones: Right. Commissioner Sanchez: All right, 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE EXPENDITURE OF FUNDS, IN THE AMOUNT NOT TO EXCEED $75,000, TO PAY FOR COSTS ASSOCIATED WITH THE 2006 URBAN SEARCH AND RESCUE ("USAR") TASK FORCE AFTER ACTION CONFERENCE, ON BEHALF OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") , TO BE HELD JANUARY 29, 2006 THROUGH FEBRUARY 3, 2006, AT THE SEMINOLE HARD ROCK HOTEL, LOCATED AT 1 SEMINOLE WAY, HOLLYWOOD, FLORIDA; ALLOCATING SAID FUNDS FROM City of Miami Page 89 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 THE "FEMA/USAR GRANT AWARD, FISCAL YEAR 2005," PROJECT NO. 110153, ACCOUNT CODE NO. 280106.6.340. 06-00060 Exhibit.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-06-0033 Chairman Gonzalez: Next. Jorge L. Fernandez (City Attorney): The second pocket item is one from the Fire Department, and chief can briefly explain to you. It deals with USAR, the Urban Search and Rescue Task Force. Deputy Fire Chief Maurice Kemp: Yes, sir. Deputy Chief Maurice Kemp, Fire Department. FEMA (Federal Emergency Management Agency) awarded the USAR team $75, 000 to conduct an after -action conference in Miami for the national system, so what we're doing is we're bringing all of the USAR teams to Miami to decide what happened last summer; how it could be done better, and how better to improve the system, but as is often the case when dealing with the federal government, they didn't get us the money in time to go through the process to appropriate the funds, so what we're asking to do is to use it from our existing USAR grant, and then accept the funds later and -- Vice Chairman Winton: So move. Commissioner Sanchez: Now, what assurance do we have that we're going to be reimbursed by federal funds? Deputy Fire Chief Kemp: In your package there's an award letter for the $75, 000. Commissioner Sanchez: All right. Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. The motion carries. Deputy Fire Chief Kemp: Thank you. NA.3 06-00079 RESOLUTION City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO PROCEED WITH AN EVICTION ACTION AGAINST OVERTOWN VENTURES, INC., OR WITH ANY OTHER ACTION AT LAW OR IN EQUITY, TO ENFORCE COMPLIANCE WITH THE LEASE AGREEMENT AND/OR OBTAIN POSSESSION OF THE PREMISES LOCATED AT 1490 NORTHWEST THIRD AVENUE, MIAMI, FLORIDA. City of Miami Page 90 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Motion by Commissioner Spence -Jones, 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-06-0034 Jorge L. Fernandez (City Attorney): And there is one last pocket item and this comes together from the Administration and my office, and it's a resolution authorizing the City Attorney to proceed with an eviction action against Overtown Ventures and with any other action at law or equity, to enforce compliance with a lease agreement to obtain possession of the premises located at 1490 Northwest 3rd Avenue, Miami, Florida. They are in default. They have been given ample opportunity. They have failed or refused to comply. We need to move expeditiously. Commissioner Spence -Jones: So move. Commissioner Sanchez: Second. 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. NA.4 06-00093 RESOLUTION District 3 A RESOLUTION OF THE MIAMI CITY COMMISSION PROVIDING SUPPORT IN THE AMOUNT NOT TO EXCEED $1,000, TO THE CITY OF MIAMI BLACK HISTORY MONTH COMMITTEE, FOR THEIR EVENT TO BE HELD ON JANUARY 27, 2006, AT THE MIAMI RIVERSIDE CENTER BUILDING; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $500, FROM THE DISTRICT 3 SPECIAL EVENTS ACCOUNT NO. 001000.921054.6.289 AND AN AMOUNT NOT TO EXCEED $500, FROM THE DISTRICT 2 ROLLOVER ACCOUNT NO. 001000.920920.6.930. 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-06-0035 Commissioner Sanchez: One pocket item. Chairman Gonzalez: Commissioner Sanchez, you're recognized, sir. Commissioner Sanchez: Thank you, Mr. Chairman. Vice Chairman Winton: We're not going to get -- Commissioner Sanchez: I have a pocket item pertaining to Black History Month. City of Miami Page 91 Printed on 1/25/2006 City Commission Meeting Minutes January 12, 2006 Vice Chairman Winton: I was going to say, we're not going to give him a raise, are we? Commissioner Sanchez: It's a resolution of the City of Miami Commission providing support in an amount not to exceed $500 from the District 3 Special Event account to the City of Miami Black History Month Committee, for their event on January 27, 206 [sicJ, at the MRC (Miami Riverside Center) building. 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: Motion carries. Vice Chairman Winton: And -- Chairman Gonzalez: Any other pocket items? Vice Chairman Winton: -- I'm getting a whisper in my ear that 1 ought to add 500 from mine as well. Can we amend that motion or -- ? Jorge L. Fernandez (City Attorney): Sure. We'11 include it in one resolution. Vice Chairman Winton: OK. Mr. Fernandez: Correct? All right. Chairman Gonzalez: As amended. Vice Chairman Winton: As amended. City of Miami Page 92 Printed on 1/25/2006