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HomeMy WebLinkAboutCC 2006-03-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Meeting Minutes Thursday, March 9, 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 March 9, 2006 PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCES SR - SECOND READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS The minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later..J" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 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 9th day of March 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: 21 a.m., recessed at 10: 34 a.m. to convene the meeting of the Community Redevelopment Agency, with Board Member Gonzalez absent, which meeting adjourned at 11: 38 a.m. to reconvene the regular Commission meeting at 11: 38 a.m., with Commissioner Sanchez absent, and adjourned at 12: 02 p.m. Note for the Record: Board Member Gonzalez entered meeting at 10: 47 a.m. Chairman Gonzalez: Welcome to the March -- what's today? Unidentified Speaker: 9th. Chairman Gonzalez: -- 9th, March 9, 2006 meeting of the City of Miami City Commission in this historic chambers. The members of the City Commission are Joe Sanchez, Tomas Regalado, Michelle Spence -Jones, Vice Chairman Johnny L. Winton, and your Chairman, Angel Gonzalez. Also on the dais are Joe Arriola, City Manager, and Jorge Fernandez, the City Attorney; also, Priscilla Thompson, City Clerk. The meeting will be opened with a prayer by Commissioner Sanchez and the pledge of allegiance by Commissioner -- by Vice Chairman Johnny Winton. Invocation and pledge delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 06-00348 CEREMONIAL ITEM Name of Honoree Presenter Protocol Item Alfredo Perez-Capelli Mayor Diaz Certificate of Appreciation 06-00348 Cover Page.pdf 06-00348 Protocol List.pdf 06-00348 Submittal.pdf 1. Mayor Diaz presented a Certificate of Appreciation to Alfredo Perez-Capelli from the Miami Improv for his demonstrated commitment and creative involvement in support of important initiatives in the City of Miami. 2. Tony Albelo, of the Mayor's Cup Tournament Committee, presented the Mayor's Cup to the City of Miami/Mayor Manny Diaz. 3. A check was presented to Mayor Diaz by Countrywide Financial's national representative Jimmy Williams; Carolyn Merryweather, U.S. Conference of Mayors; Dave Gatton, Council for the New American City; William Porro, City of Miami, and representatives from Human Services Coalition to aid the Human Service Coalition in providing training workshops throughout the Miami -Dade County School System's parent academy. Chairman Gonzalez: Now we have presentation and proclamations. Mr. Mayor, you're recognized, sir. City ofMiami Page 3 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Presentations made. City ofMiami Page 4 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 MAYORAL VETOES NO MAYORAL VETOES Chairman Gonzalez: As of this date, we haven't received any mayoral vetoes for legislation -- legislative items that were acted upon at a previous Commission meeting. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Vice Chairman Winton, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Chairman Gonzalez: Now, we need to approve minutes of the regular meeting of February 9, 2006. I need a motion to -- Vice Chairman Winton: So move. Chairman Gonzalez: -- approve minutes. Vice Chairman Winton: So move. Chairman Gonzalez: OK. We have a motion -- Commissioner Regalado: 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. ORDER OF 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): Mr. Chairman, Commissioners, members of the public. Persons paid to support or oppose action by the City Commission are lobbyists, as defined by law. A person may not lobby a City official, a City board member, the City Manager or City staff until such person has registered as a lobbyist. Because the Mayor, all members of the City Commission, of City boards, and the City Manager and City staff are required to be diligent, that person required to register have complied. Any person who's a lobbyist must register with the City Clerk before advocating a position to City staff or appearing in front of a 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 -fifths vote. Anyone wishing to appeal any decision made by the City Commission for any matters considered at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely no cell phones, beepers, nor other audible sound or ringing devices are permitted in the Commission chambers. Please silence those now. Any person making impertinent or slanderous remarks or who becomes unruly while addressing the Commission, shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is City ofMiami Page 5 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or a Commissioner are allowed. No signs or placards are allowed in the chambers. Person exiting the chambers 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 by the Commission. Persons wishing to speak should inform the City Clerk as soon as possible of the desire to speak, giving the City Clerk their names. At the time the item is heard, persons who will speak should approach the microphones and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Items PH. 6 and PH 7 will not be heard before 10: 30 a.m., and now my understanding, Mr. Chairman and Commissioners, is that the following items will be deferred from consideration today: SR.1, Item SR.1, which is an item on second reading, moding the Code, the width of roads. That item will be deferred until another City Commission meeting. My understanding also is that RE.2 and RE.3, those items are also deferred until another Commission meeting. Other than that, Mr. Chairman, you're then to proceed to the minutes and the consent items. Chairman Gonzalez: Thank you, Mr. City Attorney. [Later.] Chairman Gonzalez: PH.7. Priscilla A. Thompson (City Clerk): The -- 7 and 8 are public hearings, advertised for 10..30. Chairman Gonzalez: OK. It's 10 -- Jorge L. Fernandez (City Attorney): Yeah, and you have three minutes to go -- Chairman Gonzalez: -- 26, OK. Mr. Fernandez: -- before 10..30, so you may -- Chairman Gonzalez: What about PH.8? Ms. Thompson: Same thing. Chairman Gonzalez: 10: 30 too? All right. Do you want to take the CRA (Community Redevelopment Agency) ? Mr. Fernandez: Yes, if -- Chairman Gonzalez: But then -- Mr. Fernandez: -- Chairman Winton -- Chairman Gonzalez: -- we'll have a conflict because these items are advertised for 10..30. If we take the CRA now, it would take us until 11 o'clock this morning, and -- Mr. Fernandez: So wait -- Chairman Gonzalez: -- what happen with the advertisement? City ofMiami Page 6 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Mr. Fernandez: -- two minutes and then it'll be 10..30, and -- Commissioner Regalado: Do EM.1. EM.1 is an ordinance. Chairman Gonzalez: All right. Ms. Thompson: E -- Commissioner Regalado: Let's do -- Chairman Gonzalez: Yeah, let's do that. Ms. Thompson: EM.1 is a four -fifths for emergency ordinance. You have three people on the dais. Commissioner Regalado: OK. Commissioner Spence -Jones: Got four. Mr. Fernandez: There we are. Chairman Gonzalez: We got -- Commissioner Regalado: We have four. Chairman Gonzalez: -- four now. Commissioner Regalado: Now you have four. Chairman Gonzalez: Madam City Clerk, don't become as the Community Development Block Grant agency; destructive and -- [Later.] Commissioner Regalado: Mr. Chairman, you need another member. Chairman Gonzalez: You need another appointment? Commissioner Regalado: You need another member. Commissioner Spence -Jones: Yeah, we need another member. Chairman Gonzalez: Oh, you're leaving? OK. We have to stand in recess. We need to call Commissioner Winton back. Commissioner Sanchez is gone for the day. Commissioner Regalado: Oh, OK. Well, anyway, this is the end, right? Commissioner Spence -Jones: No. Chairman Gonzalez: No. Commissioner Regalado: No, I mean, in this session, not -- Chairman Gonzalez: Yeah. That's it. We need -- we have BC (Boards & Committees) and then we have this financial update, budget outlook. City ofMiami Page 7 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Jorge L. Fernandez (City Attorney): But now you no longer have the Commission. Chairman Gonzalez: Now we don't have a quorum, so we have to wait. Mr. Fernandez: You can adjourn without a quorum, but you cannot conduct or hear any reports or conduct any business. Here, we have quorum. Vice Chairman Winton: I'm back. City ofMiami Page 8 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 CA.1 06-00215 Department of Fire -Rescue CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") GRANT FUNDS, THROUGH THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, FOR REIMBURSEMENT OF EMERGENCY RELIEF EXPENSES INCURRED BY THE CITY OF MIAMI DURING AND IN THE AFTERMATH OF HURRICANES KATRINA, WILMA AND EM TROPICAL STORM RITA; FURTHER AUTHORIZING THE CITY MANAGER TO SUBMIT RELATED CLAIMS TO FEMA AND TO ACCEPT PAYMENTS FOR SAME, SUBJECT TO THE TERMS AND CONDITIONS AS STATED HEREIN. 06-00215 Legislation.pdf 06-00215 Summary Form.pdf 06-00215 Memo.pdf 06-00215 Funding Agreement.pdf 06-00215 Executive Order.pdf 06-00215 Summary.pdf 06-00215 Proclamation and Declaration.pdf 06-00215 Notice of State of Emergency.pdf 06-00215 Declaration of Emergency.pdf 06-00215 Memo 2.pdf 06-00215 Insurance Approval Form.pdf 06-00215 Memo 3.pdf 06-00215 Funding Agreement 2.pdf 06-00215 Letter from Governor.pdf 06-00215 Executive Order 2.pdf 06-00215 Declaration of Emergency 2.pdf 06-00215 Memo 4.pdf 06-00215 Insurance Approval Form 2.pdf 06-00215 Memo 5.pdf 06-00215 Funding Agreement 3.pdf 06-00215 Executive Order 3.pdf 06-00215 Memo 6.pdf 06-00215 Insurance Approval Form 3.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones CA.2 06-00216 Department of Police R-06-0139 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "BUFFER ZONE PROTECTION PROGRAM GRANT" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $134,400, CONSISTING OF A GRANT FROM THE DEPARTMENT OF HOMELAND SECURITY, OFFICE OF DOMESTIC PREPAREDNESS TO THE STATE OF FLORIDA DEPARTMENT OF LAW ENFORCEMENT; AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF City ofMiami Page 9 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 POLICE TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 06-00216 Legislation.pdf 06-00216 Summary Form.pdf 06-00216 Attachment.pdf 06-00216 Letter from FDLE.pdf 06-00216 Purchasing Plan.pdf 06-00216 Funding Application.pdf 06-00216 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0140 CA.3 06-00217 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police ADDITIONAL PURCHASE OF TWO (2) 2006, 25' CONTENDER VESSELS WITH TWIN YAMAHA ENGINES, TRAILERS AND OTHER ACCESSORIES, FOR THE DEPARTMENT OF POLICE, PURSUANT TO RESOLUTION NO. 05-0660, ADOPTED NOVEMBER 15, 2005, IN AN AMOUNT NOT TO EXCEED $179,311.02, INCREASING THE CONTRACT AMOUNT FROM $179,311.02, TO $358,622.04; ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENT PROGRAM, PROJECT CODE NO. 312025, FOR SAID INCREASE; AMENDING RESOLUTION NO. 05-0660, TO REFLECT SAID INCREASE. 06-00217 Legislation.pdf 06-00217 Summary Form.pdf 06-00217 Pre Legislation.pdf 06-00217 Invoice.pdf 06-00217 Letter.pdf 06-00217 Invoice 2.pdf 06-00217 Overview.pdf 06-00217 Specifications.pdf 06-00217 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0141 CA.4 06-00223 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF THE DEPARTMENT OF FINANCE TO ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT OF RONALD J. COHEN, P.A., IN THE AMOUNT OF $229,450, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEY'S FEES AND COSTS FOR THE REPRESENTATION OF POLICE OFFICER ALEJANDRO MACIAS, IN THE CASE OF THE UNITED STATES OF AMERICA VS. ALEJANDRO MACIAS, ET AL., UNITED STATES DISTRICT COURT, CASE NO. 01-208-CR-GOLD; ALLOCATING FUNDS City ofMiami Page 10 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 06-00223 Legislation.pdf 06-00223 Cover Memo.pdf 06-00223 Budget Impact.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0142 CA.5 06-00224 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF THE DEPARTMENT OF FINANCE TO ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT OF RONALD J. COHEN, P.A., IN THE AMOUNT OF $189,520, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEY'S FEES AND COSTS FOR THE REPRESENTATION OF POLICE OFFICER ALEJANDRO MACIAS, IN THE CASE OF THE UNITED STATES OF AMERICA VS. ALEJANDRO MACIAS, ET AL., UNITED STATES DISTRICT COURT, CASE NO. 02-20179-CR-SEITZ; ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 06-00224 Legislation.pdf 06-00224 Cover Memo.pdf 06-00224 Budget Impact.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0143 CA.6 06-00241 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Improvement ROADWAY TRANSFER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED Programs/Transpor FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION tation ("DEPARTMENT"), FOR THE TRANSFER OF SR 968/ W-E FLAGLER STREET FROM THE DEPARTMENT STATE HIGHWAY SYSTEM TO THE CITY OF MIAMI STREET SYSTEM. City ofMiami Page 11 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 06-00241 Legislation.pdf 06-00241 Summary Form.pdf 06-00241 Master Report.pdf 06-00241 Supplemental JPA.pdf 06-00241 Encumbrance Form.pdf 06-00241 Supplemental JPA 2.pdf 06-00241 Memo.pdf 06-00241 Time Extension.pdf 06-00241 Memo 2.pdf 06-00241 Supplemental JPA 3.pdf 06-00241 Supplemental JPA 4.pdf 06-00241 Encumbrance Form 2.pdf 06-00241Cost Estimate.pdf 06-00241 DDA Letter.pdf 06-00241 DDA Legislation.pdf 06-00241 Assignment of JPA.pdf 06-00241 Attachment.pdf 06-00241 Attachment 2.pdf 06-00241 Attachment 3.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0144 CA.7 06-00242 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Improvement PROJECT CO-OPERATION AGREEMENT, IN SUBSTANTIALLY THE Programs/Transpor ATTACHED FORM, WITH BALLET GAMONET, PURSUANT TO tation RESOLUTION NO. 03-911, ADOPTED SEPTEMBER 5, 2003; AMENDING RESOLUTION NO. 03-911, BY CHANGING THE LOCATION OF THE PROJECT, RESTRICTING THE USE OF THE GRANT MONEY TO CAPITAL IMPROVEMENTS AND CORRECTING AN ERROR IN THE LISTING OF THE PROJECT FUNDING SOURCE. 06-00242 Legislation.pdf 06-00242 Exhibit 1.pdf 06-00242 Exhibit 2.pdf 06-00242 Exhibit 3.pdf 06-00242 Summary Form.pdf 06-00242 Pre Legislation.pdf Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, 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-06-0148 Chairman Gonzalez: Do any of the Commissioners need -- wants to pull any of the CA (consent agenda) items, consent agenda items? City ofMiami Page 12 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Vice Chairman Winton: Yes. Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Winton: I'd like to pull CA.11, and I want to modify CA. 7. Chairman Gonzalez: OK, so let's pull CA. 7 -- Vice Chairman Winton: No. Chairman Gonzalez: -- for discussion, and -- Vice Chairman Winton: Yeah. Chairman Gonzalez: -- CA.11, so you can introduce the modification, right? Vice Chairman Winton: Yes. Chairman Gonzalez: All right. Any other consent agenda items? OK. Does the Administration want to pull any consent agenda items? OK, hearing none. All right, Commiss -- Vice Chairman Winton, you're recognized for CA. 7 and CA.11. Vice Chairman Winton: CA. 7, first of all, in the audience we have Jimmy Gamonet, who's sitting in the back. I would like him to stand up and be recognized, and for those of you who don't know Jimmy, he's one of the world's renowned choreographers in the arena of ballet, and does just an outstanding job, and a few years ago, Ballet Gamonet was -- there was a movement to start a new ballet company that was going to be a contemporary ballet company, and after significant prodding on my part, I convinced Ballet Gamonet to start their operation in downtown Miami, with Gusman Theater as their home, and you all know that I'm not exactly your classic ballet kind of guy, you know. I go to sports things. I don't do the ballet thing. Ballet Gamonet is a reality. They held shows last season. They're holding these terrific shows this season. I have been going and I have to tell you -- Commissioner Sanchez: Good. Vice Chairman Winton: -- not only have I been going; they have been fabulous. I mean, very, very exciting stuff, and for that to come out of my mouth, you know, I don't know, I think the world is changing, but one of the things we committed to is, in our original bond issue we have quality of life bond money, and I committed, if they would commit to come to the City of Miami, $300, 000 of District 2 quality of life bond money to help them do their capital improvement build -out in their office practice studio facility, and that's what's before us today. The modification that I would like to make, however, is that they've signed a lease for a specific space actually near Midtown, and they're doing their performances in the Gusman, and you all should go, absolutely, but the -- I'm going to tie a condition to this $300, 000 expenditure, and that is that the lease that they have signed with the landlord for their facility, that rent will not commence until such time as Ballet Gamonet has moved into their facility. Can't start paying rent until they've moved in, and that's the modification that I would like to make, and I would move CA.7 with that modification. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second on CA.7, as modified. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 13 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Vice Chairman Winton: And, Mr. Chairman -- Chairman Gonzalez: (UNINTELLIGIBLE). Vice Chairman Winton: -- if you don't mind, we have Jimmy Gamonet in front of us. Would you like to say something, sir? Jimmy Gamonet: First of all, thank you so much for those kind words. I am very pleased to be here doing what I'm doing, and this opportunity just thanking all of you for supporting the arts in Miami. That's all. Thank you. Chairman Gonzalez: Thank you, sir. Vice Chairman Winton: Thank you. CA.8 06-00255 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH PRINTRAK, A MOTOROLA COMPANY, FOR THE AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM AND OMNITRAK SYSTEMS, FOR THE DEPARTMENT OF POLICE, FOR A TWO-YEAR PERIOD, COMMENCING MARCH 1, 2006 THROUGH FEBRUARY 28, 2008, IN AN AMOUNT NOT TO EXCEED $32,638, FOR THE FIRST -YEAR PERIOD AND AN AMOUNT NOT TO EXCEED $35,299, FOR THE SECOND -YEAR PERIOD, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $67,937; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $67,937, FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.670. 06-00255 Legislation.pdf 06-00255 Exhibit 1.pdf 06-00255 Exhibit 2.pdf 06-00255 Exhibit 3.pdf 06-00255 Exhibit 4.pdf 06-00255 Exhibit 5.pdf 06-00255 Summary Form.pdf 06-00255 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0145 CA.9 06-00256 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, FOR PHASE II OF THE DINNER KEY ANCHORAGE PROJECT, FOR THE CONSTRUCTION OF A NEW MOORING/ ANCHORAGE FIELD AT DINNER KEY MARINA, IN AN AMOUNT NOT TO EXCEED $465,250; AUTHORIZING City ofMiami Page 14 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 THE ALLOCATION OF REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $465,250, FROM THE PROCEEDS OF THE SECOND SERIES HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS PREVIOUSLY APPROVED BY VOTER REFERENDUM FOR CAPITAL IMPROVEMENTS PROJECT NO. 326015 ENTITLED "DINNER KEY ANCHORAGE PROJECT;" AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SUBMISSION OF THE FIND GRANT APPLICATION FOR FISCAL YEAR 2006-2007, SUBJECT TO THE TERMS AND CONDITIONS OF SAID GRANT APPLICATION. 06-00256 Legislation.pdf 06-00256 Exhibit 1.pdf 06-00256 Exhibit 2.pdf 06-00256 Exhibit 3.pdf 06-00256 Exhibit 4.pdf 06-00256 Exhibit 5.pdf 06-00256 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones CA.10 06-00268 Department of Parks and Recreation R-06-0146 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RECREATIONAL TRAILS PROGRAM, IN AN AMOUNT NOT TO EXCEED $200,000, IN SUPPORT OF THE INTERPRETIVE TRAIL AT VIRGINIA KEY, TO PROVIDE FOR THE IMPROVEMENT OF THE EXISTING TRAIL AND THE ADDITION OF A NEW SECTION TO THE TRAIL ("PROJECT"); FURTHER DIRECTING THE CAPITAL IMPROVEMENTS AND TRANSPORTATION DEPARTMENT TO AMEND ITS CURRENT CAPITAL IMPROVEMENTS PLAN TO INCLUDE THE PROJECT IF THE GRANT APPLICATION IS SELECTED FOR FUNDING, AND TO PRESENT SAID AMENDMENT TO THE CITY COMMISSION FOR ITS APPROVAL. 06-00268 Legislation.pdf 06-00268 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones CA.11 06-00350 City Manager's Office R-06-0147 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THAT MIAMI-DADE COUNTY ("COUNTY") AMEND COUNTY CHAPTER 33, ARTICLE VI, ENTITLED "ZONING/SIGNS" (THEIR SIGN ORDINANCE), TO EXEMPT THAT PART OF THE CITY OF MIAMI ("CITY") LYING WITHIN THE FOLLOWING DESCRIBED COURSES: ALONG THE MIAMI RIVER FROM City ofMiami Page 15 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 BISCAYNE BAY TO 1-95, ALONG 1-95 FROM THE MIAMI RIVER TO ITS TRANSITION WITH 1-395, ALONG 1-395 TO THE FEC CORRIDOR, ALONG THE FEC CORRIDOR TO NORTHEAST 15 STREET, ALONG NORTHEAST 15 STREET FROM THE FEC CORRIDOR TO THE WESTERLY SHORELINE OF BISCAYNE BAY, AND ALONG THE WESTERLY SHORELINE OF BISCAYNE BAY TO THE MIAMI RIVER, MIAMI, FLORIDA, FOR THE PURPOSE OF ALLOWING A LIMITED NUMBER OF WALLSCAPES ON BUILDINGS IN THE CITY. 06-00350 Legislation.pdf 06-00350 Summary Form.pdf DEFERRED A motion was made by Vice Chairman Winton, seconded by Commissioner Sanchez, and was passed unanimously, to defer Item CA.11 to the Commission meeting currently scheduled for March 23, 2006. Chairman Gonzalez: All right. CA.11. Vice Chairman Winton: Actually, I would like to pull CA.11 and deal with it at another time, maybe -- I think we -- I want to just pull CA.11 and get more information, and we could bring it back at the next Commission meeting. Chairman Gonzalez: OK. Commissioner Sanchez, you're recognized on CA.11. Commissioner Sanchez: I have basically the same concerns -- Vice Chairman Winton: Oh, OK. Commissioner Sanchez: -- so let's go ahead and defer it and we'll bring it back next Commission meeting with -- Vice Chairman Winton: Perfect. Chairman Gonzalez: OK, so we have a motion and a second to defer CA.11 for the next Commission meeting. All in favor, say "aye." The Commission (Collectively): Aye. Adopted the Consent Agenda Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chairman Gonzalez: Now, I need a motion to approve the balance of the consent agenda. Commissioner Sanchez: So move. Vice Chairman Winton: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." City ofMiami Page 16 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. City ofMiami Page 17 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 06-00252 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A DONATION OF FUNDS, IN THE AMOUNT OF $30,000, TO CO-SPONSOR THE NATIONAL BATTLEBOTS IQ COMPETITION AND TO COVER THE COST OF ALL CITY OF MIAMI ("CITY") SERVICES ASSOCIATED WITH SAID EVENT, THAT WILL HAVE A SIGNIFICANT ECONOMIC IMPACT ON THE CITY BY HIGHLIGHTING BUSINESSES AND POSITIVELY IMPACTING THE IMAGE OF THE CITY; ALLOCATING FUNDS FROM ACCOUNT NO. 001000.921054.6.289. 06-00252 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-06-0150 Chairman Gonzalez: Mr. Mayor, I'm sorry. I see that you have a couple of items here. OK. You're recognized. Lisa Martinez: Lisa Martinez, Mayor's Office. M.1 is a resolution authorizing the Commission - - authorizing the donation of funds, in the amount of $30, 000, to cosponsor the National Battlebots IQ (Intelligence Quotient) Competition. We have two speakers to speak on the issue of economic impact, as well as programmatic content. Nola Garcia: Good morning -- Chairman Gonzalez: Good morning. Ms. Garcia: -- Mr. Mayor, Commissioners. My name is Nola Garcia. I live at 7865 Southwest 21 st Terrace. I've been a Miami resident all my life. This is kind of exciting. I am also the CEO (Chief Executive Officer) of the National Robotics program called `Battlebots IQ." We work with middle schools, high schools, and colleges around the country introducing them to engineering and business through robotics, and we have some girls here from one of the City of Miami schools, Carrollton School of Robotics. We have -- out of 250 girls in the high school, 98 of them design and build robots. The robots -- Vice Chairman Winton: Wow. Ms. Garcia: -- that are here this morning, were designed and built by these girls. They're not only beautiful, but they're intelligent. They can use the mill, the lay, the band saw. They use 3D modeling. They weld, and they're also going to give you a little five-minute DVD (Digital Video Disc) about the program that we have. They have a little -- we just had a competition at University of Miami over the weekend. These girls are freshmen. They designed and built this robot that took fourth place, and they're just going to give a little -- a quick little demonstration. The girls are 14 years old, and they know more about engineering, robotics, and mechanics than a lot of people that know that are my age. The national competition has been in California, City ofMiami Page 18 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Minnesota, Orlando, and this year was -- Miami was chosen to host the national competition where we will have students from 24 states corning here. Applause Ms. Garcia: There's a dual impact. One of the things is, if we have the competition here in Miami, it'll bring recognition to the smart students that we have here. Miami, as I travel around the country to do my job, is not necessarily recognized for its excellence in education. We're known for the sun and fun, and Carrollton school has also this year started working with Southridge High School and Booker T. Washington High School, so the girls from Carrollton not only design and build the robots, but they're also mentoring some of the public schools so there's a great community relationship. Commissioner Sanchez: What do the big ones do? Ms. Garcia: The big ones actually -- they actually smash and bash. We have a 40-foot arena that has one -inch Lexan walls, and the purpose of that, actually, other than being a whole lot of fun, is that the kids get to learn how things work and how things break and how to create things that don't break, like we have with our cars, the crash -test dummies, and so these actual robots have competed around the country. The one Joan of Ark here has a lot of battle scar damage, but the girls did all the work themselves, with the mentorship of Bill Garcia and Alan Crockwell. They also would like to present the Mayor with a little miniature robot that doesn't fight. This is actually a light spider robot that works -- there's a little bit too much ambient light here, but if you put it over there, girls. It follows the light. The competition on Saturday was the fighting robots, but also those that have traveled through a maze, and then we also have task -oriented robots, where they have to -- we have a Mars Rover competition, where they are articulating movements of the robot to pick up Mars rocks, so there's all different kinds of robotics involved, and this year we will be kicking off the National Autonomous Robot competition here, based on what the Department of Defense did out in California, so Miami's going to actually be the host of that national kickoff. Vice Chairman Winton: Where is that going to be? Ms. Garcia: At the Coconut Grove Expo Center. Vice Chairman Winton: Wow. Ms. Garcia: So we'll be having students from 24 states from middle school, high school, and college corning here, and we're also working with the Visitor and Convention Bureau. David Whitaker -- where is he? Oh, here you are -- Vice Chairman Winton: He was here. There he is. Ms. Garcia: -- is working with us. David Whitaker: Commissioners, Mr. Mayor, and Mr. Manager, Mr. Chairman, I apologize for the disguise. I had a minor eye surgery earlier in the week. I went a few rounds with one of these robots, too, and lost. We talk about the economic impact. This is a fascinating event, and it's so wonderful that some of our brightest young people are involved, but quite frankly -- and the business aspects re equally appealing. As she indicated, over 2,000 competitors will be coming from round the country. The economic impact alone, we know through our research, about -- generally speaking, about every delegate who comes here for a four- or five-day event winds up spending about $1, 000 with their hotel room, with their meals, with their other costs, so the 2,000 delegates alone will roughly generate about a $2 million economic impact for our City. We've also reached out to our area hotels here in Coconut Grove, as well as in the downtown City ofMiami Page 19 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 area, and through the Greater Miami area. We're getting a great response for our hoteliers to put room blocks together. We're going to try to be as competitively priced as we can. April is a good period to do that, so we'll be working closely with Nola. We're also assisting her in some of the collateral and design materials to promote Miami's hosting this event, and quite frankly, it's our pledge to work with the City and work with Nola and her board to have this event, not only visit Miami this year, but to have Miami be its home for many years to come. I pledge to you that we'll work very closely to make sure that this event permanently calls Miami home -- Vice Chairman Winton: Wow. Mr. Whitaker: -- in the future. Vice Chairman Winton: That'd be great. Commissioner Sanchez: Well -- Vice Chairman Winton: That'd be great. Applause Commissioner Sanchez: And we thought "Clap On Clap Off' was an advancement. Chairman Gonzalez: All right, so we need -- Vice Chairman Winton: So move. Chairman Gonzalez: -- a motion. 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. M.2 06-00253 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD, IN THE AMOUNT OF $7,000, FROM THE MIAMI-DADE COUNTY PUBLIC SCHOOL SYSTEM, FROM A GRANT AWARDED BY THE FLORIDA DEPARTMENT OF EDUCATION, TO PROVIDE FOR SERVICES AND TRAVEL REIMBURSEMENT FOR THE ATTENDANCE OF OUT OF COUNTY CONFERENCES REQUIRED BY THE FLORIDA DEPARTMENT OF EDUCATION, IN CONJUNCTION WITH THE 21ST CENTURY COMMUNITY LEARNING CENTER MIAMI LEARNING ZONE AT HOLMES ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S) TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 06-00253 Legislation.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones City ofMiami Page 20 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 R-06-0151 Chairman Gonzalez: All right, and we have another item. Lisa Martinez (Director, Policy and Education, Mayor's Office): Yes. M.2 is a resolution authorizing the acceptance of a $7, 000 portion of a grant to reimburse travel -- Commissioner Sanchez: So move. Ms. Martinez: -- to local conferences. Commissioner Sanchez: So move. Chairman Gonzalez: All right. Vice Chairman Winton: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. DISTRICT 1 CHAIRMAN ANGEL GONZALEZ D1.1 06-00347 DISCUSSION ITEM DISCUSSION CONCERNING ELEVATOR PROBLEMS AT THE THREE ROUND TOWERS. 06-00347 Email.pdf DISCUSSED Direction to the City Manager by Chairman Gonzalez to continue addressing the County in reference to elevator crisis that exists in several affordable housing buildings. Commissioner Sanchez: All right. Public -- Chairman Gonzalez: All right. I have -- I had something on the -- on my blue page -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- and it's in reference to the Miami -Dade County housing. There we go again. Poor people. I don't know what happened with Miami -Dade County housing, but they seem to have a very, very serious problem taking care of their facilities and their affordable housing program. At the Three Round Towers, we have been having problems. We have been getting complaints for the last four or five weeks about the elevators not been working. We had the same situation six months ago, and we had the situation a year ago, and what really is frustrating is when you see the person in charge of -- or one of the bureaucrats that work for this department on TV (television) saying that, "Well, you know, we had a cut on funding last year and we have a cut on funding this year," like saying, if you don't have elevators, sorry for you; just, you know, walk the stairs, 13, 14 floors. I understand -- I spoke to the -- to our City Manager and he got in contact with the County, and it seems like finally they're working on the problem and they are trying to solve the problem, and Mr. Manager, I want you to please City ofMiami Page 21 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 continue to address the problem with the County on these affordable housing buildings in my district, and I know -- Commissioner Sanchez: Citywide. Chairman Gonzalez: -- Commissioner Sanchez has the same problem in his district, and you also have some of these buildings, Commissioner Regalado. They need to address this problem. Because let me tell you, if a private building has a problem with the elevators -- if you own a building and your elevator doesn't work and people call the City, the City will automatically -- the Fire Department would automatically go to the building and what would happen? They would shut down the building, right? So by being Miami -Dade County, they're not excluded of following the same laws and the same rules as regular citizens. I mean, the government is supposed to give an example, and the County is very far from setting an example on affordable housing, so I hope these bureaucrats are watching this Commission meeting and, you know, get on the ball. Thank you. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: Just to add. As you may know, I have a daily -- a weekly segment on public housing, and they have the same problems at Claude Pepper towers, which, by the way, is a disabled building. Chairman Gonzalez: Right. Commissioner Regalado: They have sixty -some disabled residents and only sometimes one elevator working. I would tell you that after Wilma, we had problems with the elevators in Smathers towers. We called the Fire inspector, and the Fire inspector ordered the County to fix the elevators. The Fire Department has authority within the City of Miami to issue fines and order the County to fix it, but the problems go beyond that. We are only 90 days away from hurricane season -- Chairman Gonzalez: Hurricane season, right. Commissioner Regalado: -- and the windows in Claude Pepper, in your district, and Smathers, in my district, have not been fixed, and the -- in Smathers, 20 apartments wereflooded. In Claude Pepper more than 40 wereflooded completely, so it's a lack of action by the County, and you know, they should be told because, after all, when the residents have a problem, they call you and they call me because we are the ones that represent them, so I'm just -- wanted to support your complaint, and I think that we -- if we have to, we have to go even before the County Commission to tell them that they need to be more proactive in taking care of the HUD (Department of Housing and Urban Development) buildings. Chairman Gonzalez: Definitely, and you know, what's the worst part about it is that when something like this happens, people blame the City of Miami because the buildings are in the City -- Commissioner Regalado: Yeah. Chairman Gonzalez: -- of Miami, and they don't understand that we, the City, don't have anything to do with these buildings. They are not our buildings. We don't manage the buildings. We don't even rent the buildings, you know, but it gets blamed on the City once again. You know, everything falls on the City, so all right. DISTRICT 2 City ofMiami Page 22 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 VICE CHAIRMAN JOHNNY L. WINTON D2.1 06-00280 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE ("BIC"), PURSUANT TO SECTIONS 2-1251, 2-1253 AND 35-221(A)(6) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, REGARDING THE SELECTION OF AN INTERIM EXECUTIVE DIRECTOR; AUTHORIZING THE DEPARTMENT OF OFF-STREET PARKING ("DOSP") TO HIRE AN INTERIM EXECUTIVE DIRECTOR FOR BIC AS AN INDEPENDENT CONTRACTOR, FOR A PERIOD FROM MARCH 9, 2006 TO OCTOBER 1, 2006, FOR COMPENSATION AND APPROVED EXPENSES, IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED $27,000; AUTHORIZING DOSP TO EXECUTE THE BIC INTERIM EXECUTIVE DIRECTOR AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING DOSP TO ALLOCATE AND DISBURSE A TOTAL ANNUAL AMOUNT NOT TO EXCEED $27,000, FROM THE COCONUT GROVE BUSINESS DISTRICT IMPROVEMENT TRUST FUND, ACCOUNT NO. 172770906, FOR SAID PURPOSES. 06-00280 Legislation.pdf 06-00280 Exhibit 1.pdf 06-00280 Exhibit 2.pdf 06-00280 Exhibit 3.pdf Motion by Vice Chairman Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0162 Chairman Gonzalez: All right. RE.1. Vice Chairman Winton: Now, could I go to my blue page item? Chairman Gonzalez: You want to go back to your blue page? OK, let's go. Vice Chairman Winton: Because the blue page item then moves to appoint this temporary -- Chairman Gonzalez: All right. Vice Chairman Winton: -- part-time executive director, and so I so move. Commissioner Regalado: 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. Motion carries. City ofMiami Page 23 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Vice Chairman Winton: Thank you. Chairman Gonzalez: Yes, sir. DISTRICT 3 COMMISSIONER JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 06-00279 DISCUSSION ITEM DISCUSSION TO SUPPORT THE WORK OF THE MAYOR'S TASK FORCE DEALING WITH THE CHALLENGES FACING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. 06-00279 Cover Memo.pdf DISCUSSED Note for the Record: Commissioner Sanchez urged the Mayor, Manager, and Administration to work with all five Commissioners to explore other possibilities for providing assistance to senior homeowners in the City of Miami. Note for the Record: Commissioner Spence -Jones requested that the Mayor and Manager look at creative ways to support small businesses in the City of Miami. Note for the Record: Chairman Gonzalez stated that a sunshine meeting needs to take place to determine a strategic plan of action regarding the proposed CDBG federal budget cuts in public services. Chairman Gonzalez: We go to blue pages. Commissioner Winton. Vice Chairman Winton: Actually -- Chairman Gonzalez: Vice Chairman Winton. Vice Chairman Winton: -- mine has to come -- I have a companion item, which is SR. 4 -- Commissioner Sanchez: Yeah. Vice Chairman Winton: -- and they have to go in sequence; SR.4 has to go before this one, so if you don't mind, I'll do my blue page item immediately following SR.4. Chairman Gonzalez: All right. Commissioner Sanchez, do you have anything? I don't think so, right? Commissioner Sanchez: No, I do not, Mr. Chairman. Chairman Gonzalez: OK. Commissioner Regalado. Commissioner Regalado: Yes. Thank you very much, Mr. Chairman. In the last Commission meeting, Mayor Diaz announced that he was appointing you and Commissioner Sanchez as part of a task force to deal with the challenges facing the Community Development Block Grant program and it is a serious issue, and everybody recognize that, and I really commend Mayor City ofMiami Page 24 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Diaz for appointing you and Commissioner Sanchez to lobby. However, since this is a meeting in the sunshine and I cannot deal with this item with you directly outside of this chamber, I would just like to mention two things. One thing is, the other day I met with the executive director of Florida Workforce, Mr. Rick Beasley. The Workforce is undergoing some changes, and they have some issues in the County Commission. If they do survive and the money is not taken by the State, Mr. Beasley suggested that you or the Administration contact him, and we need to wait for a few days the vote of the County Commission, because he can use Workforce money to pay for some of the employees of the agencies that service the City of Miami, and we only need to enter into an agreement with them. They would receive some kind of training, but they would cover the salaries, and I think that this will help you in, you know, trying to reduce the impact, which is 20 percent to the other agencies that will not be funded, so that was one of the suggestions. The other suggestion is to start looking into the general fund that -- you know, it may be the last resort, but the issue is that Washington is in turmoil in terms of the budget and, you know, the war, and some of the cuts in the budget, and I hope that we can get whatever they're taking away from us, but in the worse case scenario, I think that we should look into the general budget of the City of Miami to support the social programs, and you know, the sooner the better tell the people, because there's now the situation of people being nervous about the outcome. There've been articles in the paper, and now they're beginning to feel that they will be cut from the program, so these are my two suggestions to you, as the Chairman of the Task Force, and I'll tell you, Workforce could be a real source for the agencies. Chairman Gonzalez: Definitely. I will -- we'll keep that in mind. Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. We recognize that there's enough federal funds that are corning in to serve the City's broad base of the people's needs when it comes to social services. It's projected that this year the federal government will reduce those assistance just about a billion dollars, so you could see that what it all boils down to the local government and it's the most needy that are affected in our community. I could honestly tell you that we will explore every avenue available to address the funding needs of programs that serve our people, whether it's meals, whatever the programs may be, but in this program that we're putting together, or this crafted -- well -crafted community involvement, which we're going to be working with all the social services, I think that we need to have the Administration and the Mayor look at other possibilities that are out there that we could assist other individuals, and these are our senior homeowners. I could tell you this much, as property values go up, we're facing more and more retired people that are barely holding on, and if we don't step in with whatever assistance that we have -- and let me tell you, I'm all for making sure that nobody misses a meal, but I think there's another priority; that we want to make sure that these people that have worked all their lives and have put away their hard-earned money to buy their homes and accomplish the American dream, and they're being forced out of their homes because they cannot pay their taxes; they cannot pay their medicines; they cannot pay the everyday demand that's put on them because they don't have the revenue, so we need to implement in there, if we can -- and I'd be more than glad as the Vice Chair, with the Chair, with the City Commission, with the Administration, with anyone who wants to step forward and assist us to add this element, because I see people out there that are hurting everyday; that are counting their pennies, and are telling me, "Taxes are going up, Commissioner; I cannot pay, and what's going to happen is, I don't have any close relative. This is me. I can't turn to anyone, and the last thing that I want to see is my property being sold in front of a courthouse in this great city of ours, " and that is something that we need to look at, so just exploring that, we need to work together to assure that we help these people so that doesn't happen, so Mr. City Manager, Mr. Mayor, I implore you to work with us. All five Commissioners here have a moral, fiscal responsibility to these people that are about to lose their homes in the next couple of years because they cannot pay their taxes, so having said that, we will be having sunshine meetings very soon. Commissioner Regalado, we take your statements under advisement, and we thank you -- Chairman Gonzalez: Um -hum. City ofMiami Page 25 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Commissioner Sanchez: -- and we will implement them in the efforts that we're putting forward to assure that we help all those who want to help themselves in our community. Thank you so much, Mr. Chair. Chairman Gonzalez: Thank you. Commissioner Spence -Jones. Commissioner Spence -Jones: Yeah. The only thing that I would like to add to that is last night, Mr. Chairman, we had a workshop in Liberty City for all the businesses throughout my district, and many of the small businesses within my district, just like I'm sure in Allapattah and other areas throughout the City, are struggling, and one of the things I'd like to see happen in that process, as you convene together and decide kind of the direction of it all, is to really look at creative ways to support our small businesses because they're suffering, and I couldn't even get in the room last night with the number of businesses that were in the workshop, and they were just so happy and so thankful to know that there was at least help on the way, so if we can look at that, Mr. Manager and Mr. Mayor, and I know you guys have been doing some great things with Accion, but we need to come up with some additional things to do to support our small businesses. Five thousand, ten thousand, it goes a long way with a lot of these small businesses, so I'd just like to encourage that we at least think about the small businesses, you know, in that. Chairman Gonzalez: Thank you. All I have to add is that I -- I'm personally very concerned on what's going on with the neediest people of our community. The housing problem is a serious problem. Taxes are eating up their paychecks or their Social Security checks. We have a lot of need for affordable housing in the City of Miami, and what I'm seeing is that we -- that if we don't have any real good solutions to the affordable housing situation. The affordable housing -- price on affordable housing has gone up to two hundred and -- I think it's $239, 000? Barbara Gomez -Rodriguez (Director, Community Development): Thirty-six. Chairman Gonzalez: $236, 000, that's how much you can charge for an affordable housing. That's fine. The problem is that none of the low working class, or nobody from the low-income, moderate families can qualms to buy a home, so it's a very serious problem. Yesterday afternoon I had a very heated conversation with Ms. Barbara Rodriguez in reference to a new plan that is going to come up for approval by this City Commission, which is the NDZ (Neighborhood Development Zone) zones or whatever, you know, and I told her that every time I see creativity in changing names on programs and -- I get very concerned, because every time HUD (Department of Housing and Urban Development) make a change or City Administration make a change on the social programs or the affordable housing programs or any of the programs, the people that get affected are the neediest people of our community. The poorest people of our cities are the ones that get affected, and the issue was -- and Mr. Manager, I sent you an e-mail yesterday; I got your response, and I really appreciate your cooperation and the response to my e-mail -- is that, for example, in Allapattah, there was a study done, and one of my question, who did this study? How much did it cost? Because to be honest with you, to -- they excluded -- the poorest segment of Allapattah was excluded from this map. Now, knowing my community as I know my community, and my district as you all know your district and your communities, when I saw that map, I said, this study -- whoever did this study, did it from an office probably 200 miles away from the City of Miami, because they never went to my neighborhood. They never went to that neighborhood. I mean, they -- if they would have been walking that neighborhood to find out the stat (statistics) of that community and the need of that community, they would have never excluded that section of Allapattah out of this NDZ zone, or whatever they call it now. It used to be target areas, you know, and the problem is that we tend to become creative -- I don't know why -- to just what, but I agree with the American saying that "If something is working, don't change it," and I come from a CBO, from a community -based organization, where I have been involved with building affordable housing. I have been involved in providing technical assistant [sic] to merchants. I work on creating economic development in the Allapattah area, and let me City ofMiami Page 26 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 tell you, we didn't do that bad of a job because people that know Allapattah for years, and they remember the Allapattah of 18 years ago or 16 years ago, and they see the Allapattah of now, it proves that we didn't do that bad of a job working in that community. We had the target areas. We had -- you know, the facade program was excellent. It was working super fine. A lot of buildings were being renovated. People were happy. We were providing technical assistance. We were providing code compliance services to the community. We were building affordable housing. It was a lot easy -- it was -- it has never been easy to building affordable housing. You know why? Because government, government with their regulations and their new programs and their new systems tend to make it more difficult each day that goes by, but now it has become a nightmare, a nightmare to build affordable housing for the neediest people of our community, and we talk about -- you know, and a lot of people talk about a lot of buildings being built for the rich. Let me tell you, when you look at this scenario, you have to agree and say, "Yeah, in fact," because we're not building the same amount of affordable housing. We're not doing -- I don't feel that we're doing enough to provide affordable housing for the working class of the City of Miami, for the neediest people of the City of Miami, and when I'm talking about the working class, I'm talking about the person that makes 6.50 an hour. I'm not talking about the person that makes $40, 000 a year or $50, 000 a year. I'm talking about the population that make $6 an hour; that -- the population that works on cafeterias, restaurants; that they get paid $3 an hour, plus tips, and the tips sometimes don't add up to maybe $18 a day. We need to look at this, Mr. Manager, and Mr. Mayor, I'm glad that you're listening to this. We're going to need to sit down, and maybe, I don't know, you -- Mr. Mayor, you want to create a task force -- select members of this Commission to create a task force, but we need to -- we really need to address this problem, and I'll tell you, I'm going to be very reluctant, very, very reluctant to keep supporting any of these changes that come from the Community Development Block Grant program, and I'm going to be very critical, very, very critical, asking a lot of questions in every single item that has to do with the facade program, with the technical assistance program, with the agencies, because let me tell you, one problem that I have seen in the City of Miami -- and this goes back 16, 17 years that I have been working in community -- as a member of a community -based organization -- it has been a tendency of City government to destroy the community -based organizations and the CDCs (Community Development Corporations). I don't know what the problem is, because as I said yesterday, Community Development Block Grant exist because there is poverty and because there is need. If there wasn't any poverty or any need, there wouldn't be any community block program, and that department will probably be doing something different, so I don't know why is that emphasis of making these agencies' lives miserable; people that all are trying to do is do a lob that they are supposed to do, because they are out there to do that job, to provide services to the community, to increment [sic] economic development, to build affordable housing, to improve the communities; the target areas that now they are changed to another sophisticated name -- I don't know who came up with the name; I'm still trying to find out, and I -- part of my e-mail yesterday was that I want a definition of the "Neighborhood Development Zone, " NDZ, and I also want a definition of the "Model Block, " and every time they make one of these names, you better hide because they're coming after you, so definitely, Commissioner Regalado, we accept your assistance; we're going to look into that. I think that we need to look very seriously at how we're going to address the problem of the social services, how we're going to address the problem with economic development, how we're going to address the problem of affordable housing because let me tell you, Allapattah Business Development is building an affordable housing project. You know how much those units are selling for, a three-bedroom/two-bath? They're selling for $145, 000. Johnny -- Commissioner Spence -Jones: Wow. Chairman Gonzalez: -- you won't believe it. They have gone through 80 applicants to get 30 people to qualify -- Vice Chairman Winton: At a hundred -- City ofMiami Page 27 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Chairman Gonzalez: -- at $145, 000. That's how bad the situation is with the low- and moderate -income families of this community. Commissioner Sanchez: Bad credit. Chairman Gonzalez: If they make `X" amount of money, they're making too much money. If they make this amount of money, you're making -- you're not making enough money. If you have -- you're making enough money, but you don't have enough children. If you have too many children, then you're making -- you know, let me tell you, it's critical, it's critical, and there has to be a way that if we seriously want to tackle this problem, there has to be a way that we can address this problem and find a solution for these pe -- for the people that are building and for the people that are in need of affordable housing, so I'm not going to take any more of your time. We need to -- as you said, Commissioner Sanchez, we need to advertise a sunshine meeting so we can get together and start planning what -- you know, what the strategy is going to be, and in fact, if we need to dip into the general fund to subsidize some of these meals, hey, if it needs to be, it needs to be, OK. That's something that we could consider. All right. Commissioner Regalado: Mr. Chairman -- Chairman Gonzalez: Yes, sir. Commissioner Regalado: -- if I may. Just a brief comment. I am so glad that you and Commissioner Sanchez have expounded on, and Commissioner Michelle also have expounded on the different needs that -- besides the social services because it is true, what you said and what Commissioner Sanchez said; there are a lot of people hurting, a lot of business hurting, and some governments have taken some steps, and it shows that this situation that we have here is similar in other areas of the state of Florida. For instance, the Palm Beach County Commission, on March 23, on the first reading, is going to issue a countywide moratorium on all construction, over 50 units, until they resolve the way to help developers do affordable -- really affordable housing. The Fort Lauderdale City Commission has raised the threshold for people to qualify for federal help, up to $65, 000 from 46 that -- I think that we have here. The elected tax appraisal -- tax collector of Broward County, Lori Parrish, had changed the rules, and she's now assessing property for the income that the property owners receive. It was something that was discussed in the City of Miami, and the tax assessor dismissed that, but luckily, we just made a poll, and I can tell you that next November, in the countywide election, there will be a question for the people of Dade County by -- approved by the County Commission to decide whether we want the tax assessor -- tax collector elected instead of appointed, and that would take immediate action, so I think that -- I really believe that we need to address the whole issue because people are hurting. Recently, the County released the study on the living wage ordinance and it did work, and now I appeal to these members, the members of the Commission, to maybe discuss in the future the living wage ordinance because it really work. It has helped a lot of people throughout Dade County. There is a lot of people in need, and you know, we just cannot get rid of poverty by chasing the poor out of the City -- Chairman Gonzalez: Out of the City. Commissioner Regalado: -- and hopefully -- and I really trust that you all will address those issues. Thank you. Chairman Gonzalez: Thank you. DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES City ofMiami Page 28 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 D5.1 06-00281 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 6TH AVENUE FROM NORTHWEST 62ND STREET TO NORTHWEST 71ST STREET, MIAMI, FLORIDA, AS "ROSA PARKS AVENUE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 06-00281 Legislation.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-06-0149 Chairman Gonzalez: Commissioner Spence -Jones, I think you have an item -- Commissioner Spence -Jones: Yes. Chairman Gonzalez: -- on your blue page. Commissioner Spence -Jones: Yes. We have a resolution -- it should be in packages -- regarding a -- the renaming of a street, Rosa Parks Avenue. As you know, we lost two great women of the civil rights movement, and it brings me great honor to name Northwest 6th Avenue as the official Rosa Parks Avenue. As you know, we're well on our way with the MLK (Martin Luther King) Boulevard, and I want to say special thanks to Capital Improvement. Every day that I pass by and see that Boulevard moving, it's just a very wonderful, wonderful, wonderful thing, so we will be -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- renaming that street off of 62nd Street, off MLK Boulevard as the official Rosa Parks Avenue. 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. Motion carries. PUBLIC HEARINGS PH.1 06-00218 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS Fire -Rescue (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF MAINTENANCE AND REPAIR SERVICES OF FERNO City ofMiami Page 29 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 EMERGENCY AMBULANCE COTS FOR THE DEPARTMENT OF FIRE -RESCUE, FROM MEDCO EQUIPMENT REPAIR, INC., D/B/A EMSAR OF SOUTH FLORIDA, THE SOLE SOURCE PROVIDER, ON A CONTRACT BASIS FOR A ONE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT A FIRST -YEAR COST NOT TO EXCEED $17,316, WITH OPTIONAL YEAR INCREASES NOT TO EXCEED 5%, FOR EACH OF THE OPTION PERIODS, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $54,599.69; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $17,316, FROM THE GENERAL OPERATING BUDGET OF THE DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NO. 001000.280701.6.670, FOR THE CURRENT FISCAL YEAR 2005-2006, WITH FUTURE FISCAL YEAR FUNDING, SUBJECT ONLY TO BUDGETARY APPROVAL. 06-00218 Legislation.pdf 06-00218 Summary Form.pdf 06-00218 Memo.pdf 06-00218 Memo 2.pdf 06-00218 Memo 3.pdf 06-00218 Public Hearing Memo.pdf 06-00218 Public Hearing Ad.pdf 06-00218 Letter.pdf 06-00218 Proposal.pdf 06-00218 Pre Legislation.pdf 06-00218 Account 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-06-0152 Chairman Gonzalez: Let's go to the PH (public hearing) items. We have PH.1. Commissioner Sanchez: It's a four -fifth. Chairman Gonzalez: It's a four -fifth vote. Vice Chairman Winton: So move. Chairman Gonzalez: Someone from -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- the Administration on this item, please. Commissioner Sanchez: Well, I'm prepared to second the item -- Chairman Gonzalez: We need -- Commissioner Sanchez: -- but -- Chairman Gonzalez: -- something to be put on the record. Commissioner Sanchez: -- think the Department of Fire -Rescue needs to put something on the City ofMiami Page 30 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 record. PH.1. Chairman Gonzalez: Good morning. You're recognized. Deputy Chief Maurice Kemp: Yeah. Deputy Chief Maurice Kemp, Department of Fire -Rescue. This is a contract to maintain the stretchers that are in all of our rescue trucks, and you maintain them and repair them with this contract. It's an important item for us because they need to work properly to ensure the patient's safety. Commissioner Sanchez: All right. Vice Chairman Winton: I've moved it. Commissioner Sanchez: There's a motion and a 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. Motion carries. [Later.] Chairman Gonzalez: And I made a mistake. On PH.1, it was a public hearing item. Anyone from the public that wants to speak on PH.1 ? All right. Seeing none, that public hearing is closed now. PH.2 06-00219 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED " LAFAYETTE SQUARE," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 06-00219 Legislation.pdf 06-00219 Exhibit 1.pdf 06-00219 Exhibit 2.pdf 06-00219 Exhibit 3.pdf 06-00219 Exhibit 4.pdf 06-00219 Summary Form.pdf 06-00219 Public Hearing Memo.pdf 06-00219 Public Hearing Notice.pdf 06-00219 Public Works Memo.pdf 06-00219 Public Works Notice.pdf 06-00219 Legal Description.pdf City ofMiami Page 31 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 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-06-0153 Chairman Gonzalez: PH 2. Vice Chairman Winton: 2 and 3 were deferred, weren't they? Chairman Gonzalez: No, 6 and 7. Vice Chairman Winton: Oh. Jorge L. Fernandez (City Attorney) : 6 and 7. Stephanie Grindell: Stephanie Grindell, director of Public Works. PH.2 is a resolution accepting the proposed plat of Lafayette Square, which is located along Northeast 78th Street and Northeast 79th Street, between Northeast 1st Avenue and 2nd Avenue. Commissioner Sanchez: So move. Commissioner Spence -Jones: Second. Commissioner Sanchez: Question. Chairman Gonzalez: All right. We have a motion and we have a second. [Later.] Chairman Gonzalez: Now, I have to open the public hearing on PH.2. Anyone from the public that wishes to address the Commission on this item, please step forward. Commissioner Sanchez: Just -- discussion. Chairman Gonzalez: Seeing -- Commissioner Sanchez: I made the motion. Chairman Gonzalez: -- none, hearing none, the public hearing is closed. We have a motion and we have a second. For discussion, Commissioner Sanchez. Commissioner Sanchez: Madam Director, we already approved the MUSP (Major Use Special Permit) for this affordable project, right? Vice Chairman Winton: Right. Commissioner Spence -Jones: Yeah. Ms. Grindell: I can't tell you. I don't know. That's a Planning issue, and Planning's not here today. Vice Chairman Winton: We've approved -- Commissioner Sanchez: Yeah -- City ofMiami Page 32 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 PH.3 06-00220 Department of Parks and Recreation Vice Chairman Winton: -- the project -- Commissioner Sanchez: -- approved. Vice Chairman Winton: -- here. I don't -- Commissioner Spence -Jones: Yeah. Vice Chairman Winton: -- remember -- Commissioner Sanchez: All right. Vice Chairman Winton: Was it? Joe Arriola (City Manager): Yes. Commissioner Sanchez: OK. I don't have a problem with it. Chairman Gonzalez: Any further discussion? OK. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. The motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT MIAMI-DADE FAMILY LEARNING PARTNERSHIP, INC. ("MDFLP"), A FLORIDA NOT -FOR -PROFIT CORPORATION, IS THE MOST QUALIFIED FIRM TO PROVIDE LITERACY BASED CURRICULUM, TEACHER SUPERVISION AND OTHER SUCH ACTIVITIES AT AFRICAN SQUARE, DUARTE, JOSE MARTI, SHENANDOAH, AND WILLIAMS PARKS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MDFLP, FOR A PERIOD COMMENCING AUGUST 1, 2005 THROUGH MAY 31 2006, IN AN AMOUNT NOT TO EXCEED $45,920, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $45,920, FOR FISCAL YEAR 2005-2006, FROM ACCOUNT CODE NO. 110130.580257.6.270, WITH FUTURE FISCAL YEARS' FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. City ofMiami Page 33 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 06-00220 Legislation.pdf 06-00220 Exhibit 1.pdf 06-00220 Exhibit 2.pdf 06-00220 Exhibit 3.pdf 06-00220 Exhibit 4.pdf 06-00220 Exhibit 5.pdf 06-00220 Exhibit 6.pdf 06-00220 Exhibit 7.pdf 06-00220 Exhibit 7a.pdf 06-00220 Exhibit 8.pdf 06-00220 Exhibit 9.pdf 06-00220 Exhibit 10.pdf 06-00220 Exhibit 11.pdf 06-00220 Exhibit 12.pdf 06-00220 Exhibit 12 a.pdf 06-00220 Exhibit 13.pdf 06-00220 Exhibit 13 a.pdf 06-00220 Exhibit 13 b.pdf 06-00220 Exhibit 14.pdf 06-00220 Exhibit 15.pdf 06-00220 Exhibit 16.pdf 06-00220 Summary Form.pdf 06-00220 Public Hearing Memo.pdf 06-00220 Public Hearing Ad.pdf Motion by Vice Chairman Winton, 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-06-0154 Chairman Gonzalez: PH 3 is a four -fifth vote. Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. This is a resolution authorizing an agreement with the Miami -Dade Family Learning Partnership; services providing the Out -of -School Heart of Our Parks program. It's a Children's Trust grant services. Vice Chairman Winton: So moved. Commissioner Spence -Jones: Second. 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 on this item, please come forward. Commissioner Sanchez: Question to the Administrator or the Parks director. Chairman Gonzalez: All right. Seeing none, hearing none, the public hearing is closed. Commissioner Sanchez, you're recognized. Commissioner Sanchez: I did try to go through the entire procurement process, a hundred plus pages on it, because I really think that we're heading in the right direction. We're talking about City ofMiami Page 34 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 creating these types of programs in our city -- in our parks. I just want to make sure that we're getting the best possible deal, and how did you determine that this was the best possible deal pertaining to the parks and the services we're going to be providing in our parks, as the Parks director? Mr. Burkeen: Well, we've had -- part of it is, the Children's Trust makes a recommendation. They review all of the material and determine whether they're, in fact, getting the best buy since it is their money, and we are in agreement with them. Commissioner Sanchez: And is -- renew for two more years? Mr. Burkeen: Yes. Commissioner Sanchez: And you think it's -- Mr. Burkeen: Yes. Commissioner Sanchez: -- the best possible deal for the City? Mr. Burkeen: Absolutely. Commissioner Sanchez: All right. No further question on the item. Chairman Gonzalez: Any further questions from any other Commissioners? Commissioner Regalado: One question, one question. Chairman Gonzalez: Commissioner Regalado, you're recognized. Commissioner Regalado: Mr. Parks Director, it's renewable for two more years, right? Mr. Burkeen: Yes. Commissioner Regalado: But does the City has the responsibility -- because next year, remember, Children's Trust goes to a public referendum. If the voters decide that it would no longer exist, we keep the program and we keep the payments, too? That's -- Mr. Burkeen: No. Commissioner Regalado: No, so we can -- Mr. Burkeen: This is a -- Commissioner Regalado: -- get rid of the program -- ? Mr. Burkeen: -- grant process that we go through. Commissioner Regalado: I understand. No, I understand that, but I'm -- Mr. Burkeen: OK. This is just in case that if the grant is in place, then we don't have to go through the process of the contract, and we can continue to move forward. Commissioner Regalado: No, but I'm just -- Mr. Burkeen: If there is no -- City ofMiami Page 35 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Commissioner Regalado: I just want to know if you're aware that there -- Mr. Burkeen: Yes. Commissioner Regalado: -- will be a public referendum for the Children's Trust next year. Mr. Burkeen: Correct. Commissioner Regalado: OK. Chairman Gonzalez: All right. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PH.4 06-00221 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Recreation AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT MUSEUM OF SCIENCE, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, IS THE FIRM MOST QUALIFIED TO PROVIDE SCIENCE -RELATED ACTIVITIES, FAMILY DAY FIELD TRIPS, AND OTHER SIMILAR ACTIVITIES IN CONJUNCTION WITH EDUCATIONAL AND PARKS SERVICES AND ACTIVITIES AT AFRICAN SQUARE, DUARTE, JOSE MARTI, SHENANDOAH AND WILLIAMS PARKS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MUSEUM OF SCIENCE, INC., FOR AN INITIAL ONE-YEAR PERIOD COMMENCING AUGUST 1, 2005 THROUGH MAY 31, 2006, IN AN ANNUAL AMOUNT NOT TO EXCEED $69,731, WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS, FOR FISCAL YEAR 2005-2006, FROM ACCOUNT CODE NO. 110130.580257.6.270, WITH FUTURE FISCAL YEARS' FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. City ofMiami Page 36 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 06-00221 Legislation.pdf 06-00221 Exhibit 1.pdf 06-00221 Exhibit 2.pdf 06-00221 Exhibit 3.pdf 06-00221 Exhibit 4.pdf 06-00221 Exhibit 5.pdf 06-00221 Exhibit 6.pdf 06-00221 Exhibit 7.pdf 06-00221 Exhibit 7a.pdf 06-00221 Exhibit 8.pdf 06-00221 Exhibit 9.pdf 06-00221 Exhibit 10.pdf 06-00221 Exhibit 11.pdf 06-00221 Exhibit 12.pdf 06-00221 Exhibit 12 a.pdf 06-00221 Exhibit 13.pdf 06-00221 Exhibit 14.pdf 06-00221 Exhibit 14 a.pdf 06-00221 Exhibit 15.pdf 06-00221 Exhibit 16.pdf 06-00221 Exhibit 17.pdf 06-00221 Summary Form.pdf 06-00221 Memo.pdf 06-00221 Public Hearing Memo.pdf 06-00221 Public Hearing Ad.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-06-0155 Chairman Gonzalez: PH.4. Ernest Burkeen (Director, Parks and Recreation): A resolution authorizing an agreement with the Museum of Science for the services with the Out -of -School Heart of Our Parks program. Commissioner Sanchez: So move. Commissioner Spence -Jones: Second. Commissioner Sanchez: Once again, it's the same parks? Mr. Burkeen: Yes. Commissioner Sanchez: OK. Duarte, Jose Marti, Shenandoah, and Williams Parks. Mr. Burkeen: Yes. Commissioner Sanchez: OK. Commissioner Spence -Jones: Can -- I just have a question now. Ernest, about how many kids are being serviced in the program anyway? Do you know how many? Do you have a -- City ofMiami Page 37 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 PH.5 06-00222 Department of Parks and Recreation Mr. Burkeen: I can't -- Commissioner Spence -Jones: -- sense of -- ? Mr. Burkeen: -- tell you. Each location has a different number. Commissioner Spence -Jones: Yeah. Mr. Burkeen: I can get the information for you. Commissioner Spence -Jones: Yeah, just so I have a sense of how many kids we're actually servicing for that amount. Mr. Burkeen: I'm sorry. Three hundred. Commissioner Spence -Jones: Three hundred. Chairman Gonzalez: All right. 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 had a motion, I think, and a second. 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), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT ARTS FOR LEARNING/MIAMI, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, IS THE MOST QUALIFIED FIRM TO PROVIDE VISUAL/PERFORMING ART INSTRUCTION, ART TEACHER MANAGEMENT AND TRAINING, AND OTHER SUCH ACTIVITIES IN CONJUNCTION WITH EDUCATIONAL AND PARKS ACTIVITIES AND SERVICES AT AFRICAN SQUARE, DUARTE, JOSE MARTI, SHENANDOAH, AND WILLIAMS PARKS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ARTS FOR LEARNING/MIAMI, INC., FOR AN INITIAL ONE-YEAR PERIOD COMMENCING AUGUST 1, 2005 THROUGH MAY 31, 2006, IN AN AMOUNT NOT TO EXCEED $44,738, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS, FOR FISCAL YEAR 2005-2006, FROM ACCOUNT CODE NO. 11030.580257.6.270, WITH FUTURE FISCAL YEARS' FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. City ofMiami Page 38 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 06-00222 Legislation.pdf 06-00222 Exhibit 1.pdf 06-00222 Exhibit 2.pdf 06-00222 Exhibit 3.pdf 06-00222 Exhibit 4.pdf 06-00222 Exhibit 5.pdf 06-00222 Exhibit 6.pdf 06-00222 Exhibit 7.pdf 06-00222 Exhibit 7a.pdf 06-00222 Exhibit 8.pdf 06-00222 Exhibit 9.pdf 06-00222 Exhibit 10.pdf 06-00222 Exhibit 11.pdf 06-00222 Exhibit 12.pdf 06-00222 Exhibit 12a.pdf 06-00222 Exhibit 13.pdf 06-00222 Exhibit 14.pdf 06-00222 Exhibit 14a.pdf 06-00222 Exhibit 14b.pdf 06-00222 Exhibit 15.pdf 06-00222 Exhibit 16.pdf 06-00222 Exhibit 17.pdf 06-00222 Exhibit 18.pdf 06-00222 Summary Form.pdf 06-00222 Memo.pdf 06-00222 Public Hearing Memo.pdf 06-00222 Public Hearing Ad.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-06-0156 Chairman Gonzalez: PH 5. Ernest Burkeen (Director, Parks and Recreation): This is a resolution authorizing an agreement with the Arts for Learning Out -of -School Heart of Our Parks program. Commissioner Sanchez: So move. Chairman Gonzalez: All right. We have a motion -- Commissioner Spence -Jones: Second. Vice Chairman Winton: Second. Chairman Gonzalez: -- and we have a second. This is a public hearing again. Anyone from the public that wishes to address the Commission, please come forward. All right. Seeing none, hearing none, the public hearing is closed. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 39 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 PH.6 06-00243 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING SURPLUS AND APPROVING THE SALE OF THE CITY -OWNED PROPERTY LOCATED AT 1347 NORTHWEST 10 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO JACKSON RESIDENCES, LLC., A FLORIDA LIMITED LIABILITY CORPORATION ("PURCHASER"); ESTABLISHING FIVE THOUSAND DOLLARS ($5,000), AS THE AMOUNT TO BE PAID TO THE CITY OF MIAMI BY THE PURCHASER; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PURCHASE AND SALE ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY. 06-00243 Legislation.pdf 06-00243 Exhibit 1.pdf 06-00243 Exhibit 2.pdf 06-00243 Exhibit 3.pdf 06-00243 Summary Form.pdf 06-00243 Public Hearing Memo.pdf 06-00243 Public Hearing Ad.pdf Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0157 Chairman Gonzalez: All right. PH.6. Laura Billberry: Lori Billberry, Public Facilities. This is an item to declare the property at 1347 Northwest loth Avenue surplus, and authorizing the sell of same to Jackson Residence [sic] at a cost of $5,000. This property had escheated to the County as a result of delinquent taxes and subsequently conveyed to the City by the County. It currently is about 27 square feet. However, once an alley closure is done, the City's portion would have gone up to 60 square feet, so at $5,000 by the 60 square feet is 83.33 a square foot. Chairman Gonzalez: All right. Vice Chairman Winton: And no one else can use it anyway. Chairman Gonzalez: No one -- Vice Chairman Winton: So moved. Chairman Gonzalez: -- can -- Ms. Billberry: Correct. City ofMiami Page 40 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 10:30 A.M. PH.7 06-00144 Department of Community Development Chairman Gonzalez: -- use it. All right. We have a motion -- Commissioner Spence -Jones: Second. Commissioner Regalado: Second. Chairman Gonzalez: -- and we have a second. This is a public hearing. Anyone from the public wishes to address this Commission, please come forward. All right. Seeing none, hearing none, the public hearing is closed. Do you want to put anything on the record? No. Thank you. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Ms. Billberry: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO DECLARE SURPLUS THE CITY -OWNED REAL PROPERTY LOCATED AT 1240 NORTHWEST 61 STREET, MIAMI, FLORIDA ("PROPERTY"); AUTHORIZING THE CITY MANAGER TO CONVEY THE PROPERTY, WITH PARCEL REVERTER PROVISIONS, TO PROGRESSIVE VISION COMMUNITY DEVELOPMENT CORPORATION, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, TO PROVIDE AFFORDABLE HOUSING FOR THE RESIDENTS OF THE CITY OF MIAMI WHOSE INCOME DOES NOT EXCEED 80% OF THE MEDIAN INCOME; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), FOR SAID PURPOSE. 06-00144 Legislation.pdf 06-00144 Summary Form.pdf DEFERRED A motion was made by Vice Chairman Winton, seconded by Commissioner Sanchez, and was passed unanimously to defer Item PH.7. Chairman Gonzalez: PH. 6 has been deferred. PH.7 has been deferred. PH 8. Laura Billberry (Director, Department of Public Facilities): PH. 6 wasn't deferred. Jorge L. Fernandez (City Attorney): PH. 6 was not deferred. Chairman Gonzalez: It was not? Priscilla A. Thompson (City Clerk): I'm -- Mr. Fernandez: No. Commissioner Spence -Jones: PH.7, it was. Ms. Thompson: What we have deferred are the R -- Chair -- City ofMiami Page 41 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Chairman Gonzalez: Yes. Ms. Thompson: -- according to our list, we have deferred are your SR.1, RE.2 and RE.3. Mr. Fernandez: Correct. That's all that was announced originally. Vice Chairman Winton: Well, that's what I said. I said RE.2 and 3, and we just did RE.2 and 3. Ms. Thompson: We did PH (public hearing). Mr. Fernandez: PH. Chairman Gonzalez: No. We did PH Vice Chairman Winton: Oh, I'm sorry. That's what I did wrong? Mr. Fernandez: PH. Vice Chairman Winton: Thank you. Chairman Gonzalez: Would you repeat that again? Vice Chairman Winton: Yeah. Chairman Gonzalez: What is deferred? Ms. Thompson: OK. According to what we have here on our list deferred this morning in our order of the day was SR.1 -- Chairman Gonzalez: Uh-huh. Ms. Thompson: -- RE.2 and RE.3. Mr. Fernandez: Correct, and then when we get to PH.7, we will have an announcement from the floor. Chairman Gonzalez: All right, so let's -- but PH. 7 is also deferred, right? Ms. Thompson: No. Mr. Fernandez: It -- Chairman Gonzalez: No. Mr. Fernandez: -- will be pulled. I mean, it needs to be opened, and then we will discuss it. Chairman Gonzalez: All right. [Later.] Chairman Gonzalez: All right. Let's take the two items that we got left on the -- that has scheduled for 10..30, public hearings. Barbara Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. We would like to pull PH.7. City ofMiami Page 42 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Commissioner Sanchez: PH.7. Vice Chairman Winton: So moved. Chairman Gonzalez: OK. Commissioner Sanchez: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. PH.8 06-00145 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOME INVESTMENT Development PARTNERSHIPS FUNDS, AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, IN THE TOTAL AMOUNT OF $100,000; ALLOCATING SAID FUNDS TO THE CARRIE P. MEEK FOUNDATION, INC., TO PROVIDE HOMEBUYER COUNSELING FOR DISTRICT FIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), FOR SAID PURPOSE. 06-00145 Legislation.pdf 06-00145 Exhibit 1.pdf 06-00145 Summary Form.pdf 06-00145 Public Hearing Ad.pdf Motion by Commissioner Spence -Jones, 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-06-0158 Barbara Gomez -Rodriguez (Director, Community Development): PH.8, we are requesting the transfer of $50, 000 from the Model City Homeownership Zone, and $50, 000 from Haven Economic Development, Incorporated to fund the Carrie P. Meek Foundation, Inc. for homebuyer's counseling program. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wish to address the Commission on this item, please come forward. Seeing none, hearing none, the public hearing is closed. Do we have a motion? Commissioner Regalado: Second. Commissioner Spence -Jones: So moved. Vice Chairman Winton: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 43 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Chairman Gonzalez: Those opposed have the same right. Motion carries. Ms. Gomez -Rodriguez: Thank you. Chairman Gonzalez: Is that it? Thank you. Ms. Gomez -Rodriguez: That's -- Chairman Gonzalez: Good morning. OK, let's recess the Commission meeting -- the City Commission meeting, and let's take the CRA (Community Redevelopment Agency) meeting. City ofMiami Page 44 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 ORDINANCE -EMERGENCY EM.1 06-00244 ORDINANCE Emergency Ordinance Department of (4/5THS VOTE) Off -Street Parking AN EMERGENCY ORDINANCE OF THE CITY OF MIAMI, FLORIDA, SUPPLEMENTING AND AMENDING ORDINANCE NO. 12457, ADOPTED DECEMBER 18, 2003, THAT AUTHORIZED THE ISSUANCE OF ONE OR MORE SERIES OF FIXED OR VARIABLE RATE TAXABLE OR TAX-EXEMPT PARKING SYSTEM REVENUE BONDS OF THE CITY OF MIAMI, FLORIDA, SERIES 2004, TO REDESIGNATE THE BONDS AS SERIES 2006 BONDS; ADDING PROVISIONS REQUIRED BY AMBAC ASSURANCE CORPORATION IN ORDER TO PROVIDE FINANCIAL GUARANTY INSURANCE FOR THE PROPOSED BONDS; AMENDING CERTAIN PROVISIONS OF SAID ORDINANCE REQUIRED BY DEPFA BANK PLC, ACTING THROUGH ITS NEWYORK BRANCH, IN ORDER TO PROVIDE LIQUIDITY SUPPORT FOR THE PROPOSED BONDS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. 06-00244 Legislation.pdf 06-00244 Cover Memo.pdf 06-00244 Pre Legislation.pdf Motion by Commissioner Sanchez, 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 12778 Chairman Gonzalez: All right. EVIL Jorge L. Fernandez (City Attorney): EM.1 is an item from the Department of Off -Street Parking, and the chairman is here. Chairman Gonzalez: Good morning, sir. Oscar Rivero: Good morning, Mr. Chairman, City Commissioners. My name is Oscar Rivero. I'm the chairman of the Miami Parking Authority. With me here today is our executive director, Mr. Noriega; Fred, the deputy director of JW Howard, who's our underwriting consultant, and Joe Stanton, who is our bond counsel. You have the amendment of the bond ordinance that you have already approved once in the past. The reason it is before you this time is their -- our bond rating and our insurance -- bond insurance companies. I was asked that the ordinance be amended to meet with current insurance standards. Other than that, the ordinance is exactly the same as you had approved in the past. The reason it's before you as an emergency item is that we had entered into a swap transaction that needs to be closed by April 1, and that's not an April Fool's joke; it has to be by April 1, and that's why it's an emergency item before you. The only thing that has changed from the last ordinance you approved is the bond insurance companies has asked that the language be updated, and if there are any technical questions or any questions, I can answer some and the entire Parking staff. Commissioner Sanchez: So, for the point of clarification, the amendments that are be [sic] presented in this emergency ordinance allows for you to get a better deal on the bonds? Mr. Rivero: Well, it allows us to issue the bonds because the original 1998 ordinance the City ofMiami Page 45 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 insurance companies have -- since then have required higher -- I don't know the technical term - - but greater coverage, and that's why we had to come back to amend the bond issuance to meet the elevated coverage because the original ordinance was '98. Commissioner Sanchez: Mr. City Attorney, as the legal advisor to this legislative body, do you foresee this ordinance that is in front us is an emergency as ? Mr. Fernandez: I'm sorry. I didn't -- Commissioner Sanchez: Your legal opinion is you're OK with this ordinance? Mr. Fernandez: Oh, yes, certainly. We've reviewed it, and we are also counsel for the Off -Street Authority, and this is perfectly in front of you, and this ordinance needs to be passed in order for them to effectuate the changes that they need. Commissioner Sanchez: I'm prepared to make a motion, Mr. Chairman. Chairman Gonzalez: All right. We have a motion -- Commissioner Regalado: Second. Chairman Gonzalez: -- and we have a second. This is a public hearing. Anyone from the public that wants to speak to the Commission in reference to this item, please come forward. Seeing none, hearing none, the public hearing is closed. It's a four -fifth vote. All in favor, say "aye." Commissioner Spence -Jones: Aye. Commissioner Regalado: No. Chairman Gonzalez: Aye. Mr. Fernandez: Well -- Priscilla A. Thompson (City Clerk): It's -- Commissioner Regalado: Ordinance. Commissioner Sanchez: No, it's an ordinance. Mr. Fernandez: -- it's an ordinance. Commissioner Regalado: Ordinance. Chairman Gonzalez: Oh, I'm sorry, it's an ordinance. You're right, it's an ordinance. Mr. City Attorney. The ordinance was read by title into the public record by the City Attorney. Commissioner Sanchez: Roll call. Chairman Gonzalez: OK, roll call. Ms. Thompson: First roll call. Second roll call. Roll calls were taken, the results of which are stated above. City ofMiami Page 46 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Ms. Thompson: The ordinance has been adopted as an emergency measure, 5/0. Mr. Rivero: Thank you very much. Chairman Gonzalez: Thank you. OK. It's 10..32, according to my clock. Commissioner Sanchez: But, Mr. Chair, why can't we just go through the -- ? We have four items left, and then we'll go into the CRA (Community Redevelopment Agency). I mean, is there 7 Vice Chairman Winton: Well -- Commissioner Spence -Jones: Because you have to -- Vice Chairman Winton: -- because one of the primary presenters has to be in Palm Beach -- Commissioner Sanchez: Oh, OK. Vice Chairman Winton: -- at a Commission meeting, and so that's the reason we scheduled the CRA meeting for 10 -- Commissioner Sanchez: All right. Vice Chairman Winton: -- and so we're going to be running out of time. That's the only reason. Commissioner Sanchez: That's a good reason. ORDINANCES - SECOND READING SR.1 06-00107 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS," BY MODIFYING THE WIDTH OF NORTHEAST 11TH STREET BETWEEN NORTHEAST 1ST AVENUE AND NORTHEAST 2ND AVENUE, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00107 FR/SR Legislation.pdf 06-00107 FR/SR Summary Form.pdf 06-00107 FR/SR Public Hearing Memo.pdf 06-00107 FR/SR Public Hearing Ad.pdf 06-00107 FR/SR Memo.pdf 06-00107 FR/SR Map.pdf DEFERRED SR.2 06-00108 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AMENDING ORDINANCE NO. 12714, ADOPTED JULY 28, 2005, EXTENDING THE TERM OF THE FRANCHISE AGREEMENT WITH PIVOTAL UTILITY HOLDINGS D/B/A FLORIDA CITY GAS PREVIOUSLY NUI UTILITIES, INC. D/B/A NUI CITY GAS COMPANY OF FLORIDA D/B/A City ofMiami Page 47 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 FLORIDA CITY GAS ("FRANCHISEE"), UNTIL THE EARLIER OF 1) AUGUST 31, 2006, OR 2) THE DATE IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF ANY SUBSEQUENT FRANCHISE AGREEMENT ENTERED INTO BY THE CITY OF MIAMI AND THE FRANCHISEE; AUTHORIZING THE CITY MANAGER TO EXECUTE A FRANCHISE EXTENSION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00108 FR/SR Legislation .pdf 06-00108 FR/SR Exhibit 1.pdf 06-00108 FR/SR Exhibit 2.pdf 06-00108 FR/SR Exhibit 3.pdf 06-00108 FR/SR Exhibit 4.pdf 06-00108 FR/SR Summary Form.pdf 06-00108 FR/SR Public Hearing Memo.pdf 06-00108 FR/SR Public Hearing Ad.pdf 06-00108 FR/SR Text File Report.pdf 06-00108 FR/SR Master Report.pdf 06-00108 FR/SR Master Report 2.pdf 06-00108 FR/SR Ins. Approval Form.pdf 06-00108 FR/SR Ins. Requirements.pdf 06-00108 FR/SR Cert. & Signature.pdf 06-00108 FR/SR Franchise Agmt..pdf 06-00108 FR/SR Letter.pdf 06-00108 FR/SR Letter 2.pdf 06-00108 FR/SR Pre Summary Form.pdf 06-00108 FR/SR Previous Legislation. pdf 06-00108 FR/SR Franchise Extension Agreement 2.pdf Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez 12779 Chairman Gonzalez: All right. We're going to -- now we're going to reconvene the City Commission meeting of March 9, 2006, and the item is SR.2. Jorge L. Fernandez (City Attorney): Yes, because SR.1 was deferred to a later Commission agenda. SR.2. While staff is making its way over here, this is a second reading of an ordinance that needs to be adopted to afford more time for the parties to in fact engage in negotiations for these franchise. It's the franchise agreement with Florida City Gas -- Vice Chairman Winton: So moved. Mr. Fernandez: -- and it's -- Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. It's an ordinance. Is this a public hearing? This requires a -- Mr. Fernandez: Yes, it is. City ofMiami Page 48 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 SR.3 06-00110 Department of Capital Improvement Programs/Transpor tation Chairman Gonzalez: -- public hearing? Mr. Fernandez: It is a public hearing. Chairman Gonzalez: OK. This requires 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. Mr. City Attorney. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXERCISE THE ADDITIONAL ONE-YEAR PERIOD RENEWAL OPTION PROVIDED BY ORDINANCE NO. 12654, ADOPTED FEBRUARY 10, 2005, WHICH AMENDED CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CITY OF MIAMI PROCUREMENT ORDINANCE;" MORE PARTICULARLY WHICH AMENDED SECTION 18-89(B), ELIMINATING THE APPLICABILITY OF THE TEN PERCENT (10%) LOCAL PREFERENCE FOR CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00110 FR/SR Legislation.pdf 06-00110 FR/SR Summary Form.pdf 06-00110 FR/SR Miami Code.pdf 06-00110 FR/SR Text File Report.pdf Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez 12780 Chairman Gonzalez: SR.3. Vice Chairman Winton: So move. Commissioner Spence -Jones: I have a -- I just have a question on this -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- Mr. Chairman. City ofMiami Page 49 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Chairman Gonzalez: You want to second for discussion? Commissioner Spence -Jones: Second for discussion. Chairman Gonzalez: All right. We have a motion and we have a second, but we -- this is also require a public hearing. Jorge L. Fernandez (City Attorney): Yes. Chairman Gonzalez: Anyone from the public that wants to address the Commission on this item, please come forward. Seeing none, hearing none, the public hearing is closed. Discussion. You're recognized, Commissioner Spence -Jones. Commissioner Spence -Jones: Mary, I know that we've had this discussion regarding local preference. I just want you to at least put on the record -- I mean, I just have a concern, you know, when we talk about not including that, you know. There's so many local businesses and contractors in the area, you know, that we should be trying to find a way to support them, and I do understand that sometimes it's best to go outside of that, you know, to get, you know, the best price or to get the best person to do the job, but you know, it just seems though -- it seems though to me, you know, it's just -- you know, not to provide that ten percent local preference to local businesses or contractors, I just want to understand why -- Mary Conway: Sure. Mary Conway, CIP (Capital Improvements Program) & Transportation. The item that's before you is the second reading requesting a waiver of the ten percent local preference. Commissioner Spence -Jones: Um -hum. Ms. Conway: What that is is the way that it has been implemented in the past as part of the City Code is that if a vendor is within the City of Miami and they come within ten percent of the apparent low bidder on a contract, that they can match that low bid price and take the place and be the winner of the contract. The concern that the CIP office has is the effect on limiting competition. We have had industry tell us -- there's a lot of time and money that goes into preparing bids on these types of projects. We have hundreds of million of dollars in our capital plan, so our concern deals with competition. It also deals with the basic issue of if a firm was able to build the project and construct it for that low bid price, that would have been their bid, and we've found in the past that when we've -- 19th Terrace is a perfect example where we've had a lot of problems with contractors -- Chairman Gonzalez: It was. Ms. Conway: -- who were able -- Chairman Gonzalez: That was a nightmare. Ms. Conway: -- to match that and not able to perform and to do the work successfully. That's why we're requesting this item. However, as we've discussed before, we are strongly encouraging local hiring, use of local subcontracting firms, so we are focused -- as well as use of disadvantaged businesses to the extent that we're able to, and we have had fairly good success with getting that participation as you saw on the Model City street - Commissioner Spence -Jones: Yes. Ms. Conway: -- infrastructure project, and as we're seeing now on MLK (Martin Luther King). City ofMiami Page 50 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Commissioner Spence -Jones: OK. Thank you so much. Chairman Gonzalez: All right. Any further discussion? Hearing none, Mr. City Attorney, read the ordinance. Mr. Fernandez: Yes. 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 adopted on second reading, 4/0. SR.4 06-00264 ORDINANCE Second Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 2/ARTICLE XI/DIVISION 17, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC)," MORE PARTICULARLY BY AMENDING SECTION 2-1253, ENTITLED "EMPLOYEES GENERALLY," OF SAID CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00264 Legislation.pdf 06-00264 Summary Form.pdf Motion by Vice Chairman Winton, seconded by Commissioner Regalado, 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 12781 Chairman Gonzalez: All right. Let's go to RE.1, resolutions. Jorge L. Fernandez (City Attorney): Actually, SR.4 -- Commissioner Spence -Jones: SR.4. Mr. Fernandez: -- is an item that it's on second reading, and this is where Commissioner Winton's -- Vice Chairman Winton: Oh, yes. Mr. Fernandez: -- blue page item gets triggered. This item first needs to pass, and then Commissioner Winton may come back to his blue pages, so SR.4 -- Chairman Gonzalez: OK. Mr. Fernandez: -- Mr. Chairman, would be in order. City ofMiami Page 51 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Chairman Gonzalez: SR.4, I'm sorry. Vice Chairman Winton: And SR (Second Reading) -- and all SR.4 is -- you all know the Business Improvement Committee of Coconut Grove. This changes the ordinance. We want to hire a temporary part-time executive director. Our ordinance -- our original ordinance didn't allow us to do it, and so this is simply the language that allows us to do that, and so I so move SR. 4. Commissioner Regalado: Second. Chairman Gonzalez: All right. This is an ordinance. It's 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. 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 adopted on second reading, 4/0. City ofMiami Page 52 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 RESOLUTIONS RE.1 06-00225 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Police INCREASE IN THE AGREEMENT FOR FUELING CITY OF MIAMI POLICE VEHICLES, UNDER AN EXISTING LETTER OF UNDERSTANDING DATED JULY 13, 1994, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY, FOR THE DEPARTMENT OF POLICE, PURSUANT TO RESOLUTION NO. 04-0614, ADOPTED SEPTEMBER 23, 2004, IN AN ANNUAL AMOUNT NOT TO EXCEED $400,000, INCREASING THE AGREEMENT FROM $2,046,500 TO $2,446,500; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE'S GENERAL OPERATING BUDGET ACCOUNT CODE NO. 001000.290301.6.715, FOR SAID INCREASE. 06-00225 Legislation.pdf 06-00225 Summary Form.pdf 06-00225 Text File Report.pdf 06-00225 Pre Legislation.pdf 06-00225 Pre Legislation 2.pdf 06-00225 Pre Legislation 3.pdf 06-00225 Contract Review Form.pdf 06-00225 Agreement.pdf 06-00225 Notice of Extension.pdf 06-00225 Summary Fact Sheet.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0161 Chairman Gonzalez: Now we go to RE.1. Commissioner Regalado: Move it. Vice Chairman Winton: Second. Chairman Gonzalez: All right. We have a motion and we have a second. It's a resolution. Discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. RE.2 is deferred. RE.3 is deferred. RE.2 06-00238 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO THE INTERLOCAL AGREEMENTS GOVERNING THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, AND THE SETTLEMENT AGREEMENT IN MIAMI-DADE COUNTY V. CITY OF MIAMI AND SOUTHEAST City ofMiami Page 53 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, CIRCUIT COURT CASE NO. 2001-13810 CA-08, IN ACCORDANCE WITH THE TERMS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED. 06-00238 Legislation.pdf 06-00238 Exhibit.pdf 06-00238 Summary Form.pdf DEFERRED RE.3 06-00239 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY, SUBJECT TO THE APPROVAL OF THE MIAMI CITY COMMISSION, TO ESTABLISH THE TERMS AND CONDITIONS FOR THE CITY OF MIAMI'S ASSUMPTION OF SEVENTY PERCENT (70%) OF THE OUTSTANDING PRINCIPAL BALANCE AND FUTURE INTEREST ON THE SECTION 108 LOAN, FROM MIAMI-DADE COUNTY TO PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC. 06-00239 Cover Page.pdf DEFERRED RE.4 06-00245 RESOLUTION Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING Waste PAYMENT TO MIAMI-DADE COUNTY ("COUNTY") AND WASTE MANAGEMENT INC. OF FLORIDA FOR THE DISPOSAL OF CERTAIN SOLID WASTE COLLECTED IN AND BY THE CITY OF MIAMI (CITY"), IN AN AMOUNT NOT TO EXCEED $10,000,000, ($9,200,000 TO THE COUNTY AND $800,000 TO WASTE MANAGEMENT INC. OF FLORIDA, RESPECTIVELY), FOR COLLECTION AND DISPOSAL OF HURRICANE DEBRIS AND VEGETATIVE WASTE RESULTING FROM HURRICANES KATRINAAND WILMA, WHICH DISPOSAL COSTS ARE ELIGIBLE FOR FEDERAL EMERGENCY MANAGEMENT AGENCY REIMBURSEMENT, PURSUANT TO AN INTERLOCAL AGREEMENT ENTERED INTO SEPTEMBER 29, 1995, BY AND BETWEEN THE CITY AND THE COUNTY, AND A PIGGYBACK AWARD UNDER AN EXISTING CITY OF CORAL GABLES CONTRACT WITH WASTE MANAGEMENT INC. OF FLORIDA; STIPULATING THAT SAID AMOUNT CANNOT BE INCREASED WITHOUT PRIOR APPROVAL OF THE CITY'S OFFICE OF STRATEGIC PLANNING, BUDGETING & PERFORMANCE; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 800005.320313.6.34025. 06-00245 Legislation.pdf 06-00245 Summary Form.pdf 06-00245 Text File Report.pdf 06-00245 Memo.pdf 06-00245 Interlocal Agreement.pdf 06-00245 Disposal Agreement.pdf 06-00245 2nd Interlocal Agreement.pdf 06-00245 Pre Legislation.pdf 06-00245 Pre Memo.pdf 06-00245 Text File Report 2.pdf 06-00245 Chart.pdf City ofMiami Page 54 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Motion by Vice Chairman Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0159 Chairman Gonzalez: RE.4. RE.4. Good morning. Mario Soldevilla: Good morning, Commissioner. Mario Soldevilla, director of Solid Waste. This is a resolution to approve payment to the County and Waste Management for the final disposal of debris generated by both Katrina and Wilma. OK. Chairman Gonzalez: All right. Vice Chairman Winton: So moved. Commissioner Regalado: Second. Question. Chairman Gonzalez: Reluctantly, but -- Vice Chairman Winton: Not much choice. Commissioner Regalado: How much of this -- Mr. Soldevilla: Yes. Commissioner Regalado: -- will be reimbursed? Mr. Soledevilla: FEMA (Florida Emergency Management Agency) reimburses 75 percent, and then the State reimburses an additional twelve and a half percent. Commissioner Regalado: OK. Vice Chairman Winton: And FEMA does what, 85? Mr. Soledevilla: Seventy-five -- Vice Chairman Winton: Seventy-five -- Mr. Soledevilla: -- percent. Vice Chairman Winton: -- and twelve and a half. Mr. Soledevilla: Eighty-seven and a half percent. Chairman Gonzalez: Eighty-seven percent. All right. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RE.5 06-00257 RESOLUTION City ofMiami Page 55 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN Improvement APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND Programs/Transpor NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, tation IN AN AMOUNT NOT TO EXCEED $1,000,000, FOR THE PHASE IIIA-CONNECTOR OF THE BICENTENNIAL PARK SHORELINE STABILIZATION PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $1,000,000, FROM THE PROCEEDS OF THE SECOND SERIES HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS PREVIOUSLY APPROVED BY VOTER REFERENDUM FOR CAPITAL IMPROVEMENTS PROJECT NO. 331418, ENTITLED "BICENTENNIAL PARK IMPROVEMENTS;" AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SUBMISSION OF THE FIND GRANT APPLICATION FOR FISCAL YEAR 2006-2007, SUBJECT TO THE TERMS AND CONDITIONS OF SAID GRANT APPLICATION. 06-00257 Legislation.pdf 06-00257 Exhibit 1.pdf 06-00257 Exhibit 2.pdf 06-00257 Exhibit 3.pdf 06-00257 Exhibit 4.pdf 06-00257 Summary Form.pdf Motion by Vice Chairman Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0160 Chairman Gonzalez: RE.5. Commissioner Regalado: Move it. Vice Chairman Winton: Second. Chairman Gonzalez: OK. It's also a resolution. We have a motion and we have a second. All in favor, say "aye." You want to put something on the record, Mary? Mary Conway: Mary Conway, Capital Improvements & Transportation. RE.5 is authorizing the City Manager to submit a Florida Inland Navigation grant in the amount of one million dollars for phase III of the Bicentennial seawall project. That item will be brought before you at the next Commission meeting to continue the construction. Chairman Gonzalez: Great. OK, we have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries, and I think that concludes the regular agenda, right? Now we go to BC (Boards & Committees)? City ofMiami Page 56 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Priscilla A. Thompson (City Clerk): No, sir. We have Board & Committee appointments, BC -- Chairman Gonzalez: Yeah, board -- yeah. Ms. Thompson: Right, I'm sorry, and then you do have a discussion item after that. Vice Chairman Winton: I'm deferring my board appointments. Ms. Thompson: DI (Discussion Item) -- Jorge L. Fernandez (City Attorney): The discussion item is the -- Chairman Gonzalez: Oh, the fine -- yeah. Mr. Fernandez: -- financial update and budget outlook. City ofMiami Page 57 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 BOARDS AND COMMITTEES Vice Chairman Winton: I'm deferring all of my board appointments. Chairman Gonzalez: You're deferring all of your board appointments? OK. BC.1 05-00795 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Michelle Spence -Jones 05-00795 memo.pdf 05-00795 members.pdf 05-00795-resignation.pdf DEFERRED BC.2 06-00068 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) BOARD OF DIRECTORS FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Sergio Rok DDA Board of Directors 06-00068 memo.pdf 06-00068 members.pdf 06-00068 nominations.pdf DEFERRED Chairman Gonzalez: BC.2 is a Commission at -large appointment. Vice Chairman Winton: BC.2. Priscilla A. Thompson (City Clerk): BC.2 -- Chairman Gonzalez: Oh, it needs a -- Vice Chairman Winton: Yeah, it needs five -fifths -- Chairman Gonzalez: -- five -fifth, OK. City ofMiami Page 58 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Vice Chairman Winton: -- so -- BC.3 06-00081 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 06-00081 memo.pdf 06-00081 members.pdf 06-00081 castillo vacancy.pdf DEFERRED NOMINATED BY: Chairman Angel Gonzalez Commissioner Michelle Spence -Jones Chairman Gonzalez: Let me see, BC.3. I'm going to defer BC.3. Commissioner Spence -Jones, you -- Commissioner Spence -Jones: I'm deferring also. Chairman Gonzalez: She's going to defer also. BC.4 06-00190 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: 06-00190 memo.pdf 06-00190 members.pdf DEFERRED NOMINATED BY: Chairman Angel Gonzalez Chairman Angel Gonzalez Commissioner Joe Sanchez Commissioner Joe Sanchez Chairman Gonzalez: BC. 4, I'm going to defer. I don't think Commissioner Spence -Jones have any appointments here. City ofMiami Page 59 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Commissioner Spence -Jones: No, I don't. Chairman Gonzalez: No. Commissioner Sanchez, let me see. BC.5 06-00191 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Manolo Reyes Chairman Angel Gonzalez Mariano Cruz Chairman Angel Gonzalez Kay Apfel Vice Chairman Johnny Winton Gary Reshefsky Vice Chairman Johnny Winton Elaine Black Commissioner Spence -Jones Eileen Broton Commissioner Spence -Jones 06-00191 memo.pdf 06-00191 members.pdf Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-06-0165 A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Sanchez and Vice Chairman Winton absent, to appoint Elaine Black as a member of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Sanchez and Vice Chairman Winton absent, to appoint Manolo Reyes and Mariano Cruz as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Sanchez and Vice Chairman Winton absent, to appoint Eileen Broton as a member of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. A motion was made by Vice Chairman Winton, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioners Sanchez and Regalado absent, to appoint Kay Apfel and Gary Reshefsky as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. City ofMiami Page 60 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Commissioner Regalado: Can I -- Mr. Chairman -- Chairman Gonzalez: Yes. Commissioner Regalado: -- if I may, since I have to leave, can I make -- I only have two appointments. The other ones, I'll defer. One on BC.5, on the board -- on the Homeland Defense Neighborhood Bond program. Chairman Gonzalez: OK. Commissioner Regalado: Luis Cabrera, reappoint Luis Cabrera, and Madam Clerk, does he need any waiver? He had four absences. Priscilla A. Thompson (City Clerk): Yes, sir. He does need a four -fifth waiver, and -- Commissioner Regalado: OK. He needs a four -fifth, then we have to defer for next -- Ms. Thompson: Exactly. Commissioner Regalado: The other appointment will be BC.9. Chairman Gonzalez: OK. Well, just hold it a second. While we are on the -- on that board, let's -- do you have any appointments on that board -- Commissioner Spence -Jones: On which one? I'm sorry. Chairman Gonzalez: -- Spence -Jones? Jorge L. Fernandez (City Attorney): BC.5. Ms. Thompson: On BC.5. Chairman Gonzalez: BC.5. Commissioner Spence -Jones: BC.5, yes, I do. Chairman Gonzalez: OK. Commissioner Spence -Jones: I'd like to appoint -- I want to make sure I'm saying it right, appoint Elaine Black. That's the Homeland Defense one, right? Ms. Thompson: That's correct. Commissioner Spence -Jones: OK, and she replaces Albena Sumner. Commissioner Regalado: 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: I'm going to reappoint Manolo -- City ofMiami Page 61 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Ms. Thompson: I'm sorry. Chairman Gonzalez: -- Reyes and Mariano Cruz. Commissioner Regalado: I'll move the Chairman appointments -- reappointments, and you second. Commissioner Spence -Jones: 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. Now we go to BC (Boards & Committees) -- what was it, Commissioner Regalado, 9? Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Regalado: BC.9. Ms. Thompson: I'm sorry, Chair, if you can just indulge me. Commissioner Spence -Jones, according to the list that you gave me, you did have a reappointment that you wanted to make for that board. Commissioner Spence -Jones: Yeah, I'm sorry. Yeah, you're right. Re -- I'm reappointing Eileen Broton. Ms. Thompson: Thank you. Commissioner Spence -Jones: Sorry about that. Commissioner Regalado: Second. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. [Later.] Vice Chairman Winton: BC.5, is that what we're on? Chairman Gonzalez: Let me go to BC.5. Vice Chairman Winton: I'd like to re -- Chairman Gonzalez: I already did BC. 5 -- Vice Chairman Winton: You want me to -- Chairman Gonzalez: -- right? Vice Chairman Winton: Reappoint Gary Reshefsky and Kay Apfel, so moved. City ofMiami Page 62 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 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. Vice Chairman Winton: OK. BC.6 06-00192 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Quinton Taylor Commissioner Michelle Spence -Jones 06-00192 memo.pdf 06-00192 members.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-06-0167 A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Winton, and was passed unanimously, with Commissioners Regalado and Sanchez absent, to appoint Quinton Taylor as a member of the Miami Sports and Exhibition Authority. Chairman Gonzalez: BC. 6, Miami Sport and Exhibition Authority. Vice Chairman Winton: I don't have anyone. Chairman Gonzalez: I'm going to need five -fifth vote on all of my appointments. You have any? Commissioner Spence -Jones: Yeah. Chairman Gonzalez: OK. Commissioner Spence -Jones: I wanted to appoint Quinton Taylor as a new appointee. Chairman Gonzalez: Oh, you need -- you're going to reappoint the same people? Commissioner Spence -Jones: No. Vice Chairman Winton: No. Chairman Gonzalez: OK. City ofMiami Page 63 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 BC.7 06-00193 Office of the City Clerk Vice Chairman Winton: It's a new appointment. Quinton -- Commissioner Spence -Jones: Yeah, new appointment. Vice Chairman Winton: -- what's the name? Commissioner Spence -Jones: Quinton Taylor. Vice Chairman Winton: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye. The Commission (Collectively): Aye. Commissioner Regalado: That's it? RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Jorge Luis Lopez Lazaro Lopez 06-00193 memo.pdf 06-00193 members.pdf NOMINATED BY: Chairman Angel Gonzalez Chairman Angel Gonzalez Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-06-0168 A motion was made by Vice Chairman Winton, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioners Sanchez and Regalado absent, to appoint Jorge Luis Lopez and Lazaro Lopez, as members of the Orange Bowl Advisory Board. Chairman Gonzalez: BC. 7. I'm going to -- well -- Vice Chairman Winton: You want me to -- ? Chairman Gonzalez: -- Commissioner Spence -Jones. You need a four -fifth, so -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: If you're going to reappoint -- you're going to reappoint the same person? Commissioner Spence -Jones: Yes, I am. City ofMiami Page 64 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Chairman Gonzalez: So, you -- nothing you can do. OK, I'm going to reappoint Jorge Luis Lopez and Lazaro Lopez. Would you do that for me, Commissioner Winton? Vice Chairman Winton: Yes, I -- so move. Commissioner Spence -Jones: Second. Chairman Gonzalez: OK, we have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. BC.8 06-00194 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE PLANNING ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Donna Elizabeth Milo Commissioner Joe Sanchez 06-00194 memo.pdf 06-0194 members.pdf 06-00194 applications.pdf Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-06-0169 A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Winton, and was passed unanimously, with Commissioners Sanchez and Regalado absent, to appoint Al Townsel as a member of the Planning Advisory Board. Note for the Record: Upon review of the City Clerk's records, Al Townsel did not submit application to the Planning Advisory Board as required by City Code, therefore, his appointment to the Board is invalid. A motion was made by Vice Chairman Winton, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioners Sanchez and Regalado absent, to appoint Donna Elizabeth Milo as a member of the Planning Advisory Board. Chairman Gonzalez: BC.8, Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. I'd like to appoint Al Townsend. Vice Chairman Winton: So moved. I mean, second. Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 65 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Chairman Gonzalez: Commissioner Winton. Vice Chairman Winton: No. Chairman Gonzalez: No? OK, and my appointments, they need four -fifth vote, so I'm going to defer. [Later.] Chairman Gonzalez: Now we need to -- I need to make some appointments here for Commissioner Sanchez. BC.8, for Commissioner Sanchez, Donna Elizabeth Milo. Vice Chairman Winton: Second. Oh, do you want me to make the motion? Chairman Gonzalez: Why don't you make them? Yeah, this would be the appointments. Vice Chairman Winton: So, on Planning Advisory Board, Donna Elizabeth Milo, so moved for Commissioner Sanchez. Chairman Gonzalez: All right. We have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye. The Commission (Collectively): Aye. BC.9 06-00198 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Wilfredo Calvino Chairman Angel Gonzalez Helena del Monte Commissioner Joe Sanchez Teresa Zorilla Clark Commissioner Joe Sanchez Jennifer Vazquez Commissioner Tomas Regalado Andre Pierre Commissioner Michelle Spence -Jones 06-00198 memo.pdf 06-00198 members.pdf 06-00198 nominations.pdf Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado City ofMiami Page 66 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 R-06-0166 A motion was made by Commissoner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Winton and Commissioner Sanchez absent, to appoint Jennifer Vazquez as a member of the Community Relations Board. A motion was made by Commissoner Spence -Jones, seconded by Vice Chairman Winton, and was passed unanimously, with Commissioners Sanchez and Regalado absent, to appoint Andre Pierre as a member of the Community Relations Board. A motion was made by Vice Chairman Winton, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioners Sanchez and Regalado absent, to appoint Wilfredo Calvin as a member of the Community Relations Board. A motion was made by Vice Chairman Winton, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioners Sanchez and Regalado absent, to appoint Helena del Monte and Teresa Zorilla Clark, as members of the Community Relations Board. Commissioner Regalado: I do have one appointment for the Community Relations Board, Jennifer Vasquez. She's a City resident and don't need any waiver. Chairman Gonzalez: That's BC.9, right? Commissioner Regalado: BC.9. Chairman Gonzalez: OK. We have a motion and we need a second. Commissioner Spence -Jones: 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. [Later.] Chairman Gonzalez: All right. BC.9, Community Relations Board, you have appointments? Commissioner Spence -Jones: I'm just reappointing Andre Pierre to the Community Relations Board. Vice Chairman Winton: Second. Chairman Gonzalez: All right. We have a motion and we have a second. I need you to move an appointment for me. Vice Chairman Winton: Yes, sir. I'd be glad to. Chairman Gonzalez: Wifredo Calvino. Vice Chairman Winton: Move it. Commissioner Spence -Jones: Second. City ofMiami Page 67 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Let me see. Priscilla A. Thompson (City Clerk): Before you leave that one, Chair, if -- Chairman Gonzalez: BC.2. Ms. Thompson: Excuse me, Chair, before you leave BC.9, on Andre Pierre, we did have a mover and a second, but there's no vote. Vice Chairman Winton: Yeah, that's what thought. Chairman Gonzalez: OK. All in favor, say "aye. The Commission (Collectively): Aye. [Later.] Vice Chairman Winton: And for Community Relations Board, Helena del Monte and Teresa Zorilla Clark -- Commissioner Spence -Jones: Second. Vice Chairman Winton: -- so moved for Commissioner Sanchez. Chairman Gonzalez: 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: Defer, defer. That's it. Chairman Gonzalez: That's it? BC.10 06-00282 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ZONING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ron Cordon Commissioner Michelle Spence -Jones 06-00282 memo.pdf 06-00282 members.pdf 06-00282 applications.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 68 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-06-0170 A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Winton, and was passed unanimously, with Commissioners Regalado and Sanchez absent, to appoint Ron Cordon as a member of the Zoning Board. A motion was made by Vice Chairman Winton, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioners Regalado and Sanchez absent, to designate Juvenal Pina as the alternate member of the Zoning Board. Note for the Record: Juvenal Pina was previously appointed on January 12, 2006, however, he was not designated as the alternate until today. Chairman Gonzalez: BC.9, I already did. BC.10, Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. I have a new appointee, Ron Cordon, replacing Charles Flowers. 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. Is that it? Commissioner Spence -Jones: That's it. [Later.] Chairman Gonzalez: Now he needs also to make this alternate appointment. Vice Chairman Winton: What's it to? Chairman Gonzalez: That's the -- Vice Chairman Winton: Oh, Zoning Board. Alternate appointment for Commissioner Sanchez, Juvenal Pina. Commissioner Spence -Jones: 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, and I think that concludes the board appointments. City ofMiami Page 69 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 DISCUSSION ITEM DI.1 06-00111 DISCUSSION ITEM Department of DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET Finance OUTLOOK. 06-00111 Summary Form.pdf DISCUSSED Chairman Gonzalez: Now we have a financial update and budget outlook. Mr. Larry Springs [sic], good morning, sir. Larry Spring: Good morning, Commissioner. Larry Spring, chief of Strategic Planning, Budgeting, and Performance. This budget outlook is as of the month of -- ending December 31, 2005, as of that reporting date. We show a favorable balance -- a favorable variance of approximately a million dollars generated in the areas of revenue, taxes, intergovernmental revenue and charges for services. The only other reportable condition that will need to come and brief the Commissioners on individually is the impact that the last year's storms had on our fund balance. I will be setting up meetings to come around, but we want to make sure we get that on the record with you -- Chairman Gonzalez: All right. Mr. Spring: -- as we look into preparing the budget for '07. Chairman Gonzalez: That's it? Vice Chairman Winton: And we just had a half a million dollar increase in fuel charges. Chairman Gonzalez: Any questions from the Commission? No? OK. City ofMiami Page 70 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 NA.1 06-00403 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE HOURS OF THE DISCHARGE OF FIREWORKS UNTIL 12:00 A.M., ON MARCH 18, 2006, AT BICENTENNIAL PARK, FOR THE GLOBAL GATHERING EVENT, PURSUANT TO CHAPTER 19/SECTION 19-7, ENTITLED "FIRE PROTECTION/MANUFACTURE, SALE, TIME OF DISPLAY AND DISCHARGE OF FIREWORKS." 06-00403 memo.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-06-0163 Chairman Gonzalez: Any pocket items? Commissioner Spence -Jones: Yes. I have one for Commissioner Sanchez, one for myself. Vice Chairman Winton: Where'd Joe go? Chairman Gonzalez: I don't know. Vice Chairman Winton: We've all been doing his work for him, and he takes off to make money or something, capitalist pig. Commissioner Spence -Jones: You should have a copy of the res -- Chairman Gonzalez: Those people with part-time jobs, I'm telling you. Commissioner Spence -Jones: You have a copy of the reso -- everyone has a copy of the resolution. It's recommending that the Miami City Commission authorize the relaxation of the restriction contained in the City Code regarding the discharge of fireworks on Saturday, March 18, at Bicentennial Park. Vice Chairman Winton: So what are we doing there? He wants to discharge fireworks. Is that what it is? Commissioner Spence -Jones: Yes. Chairman Gonzalez: Yeah. Vice Chairman Winton: So move -- 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. NA.2 06-00404 RESOLUTION City ofMiami Page 71 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONVEY, WITH PARCEL REVERTER PROVISIONS, FIVE (5) CITY OF MIAMI-OWNED PARCELS OF LAND, AS LEGALLY DESCRIBED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, TO CARLISLE GROUP VI, LTD., FOR THE DEVELOPMENT OF AFFORDABLE HOUSING FOR ELIGIBLE LOW AND MODERATE INCOME PERSONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR SAID PURPOSE. 06-00404 Exhibit A.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-06-0164 Commissioner Spence -Jones: And I have one. Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: This is in reference to -- as you know, we're doing a lot of the development in the Model City area for homes, and this is going to allow us to allow Carlisle Group to go for the tax credits for a project that I'm working on, so I have a copy of the resolution. Do you want me to read it or -- ? OK. Vice Chairman Winton: No, but this is us supporting Carlisle Group going for the tax credits? Commissioner Spence -Jones: Yeah -- well, it's actually -- Barbara, can you explain? Barbara Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. What the Commissioner wants to do is to have the Commission allow her to transfer five properties that are current in the Model City to a joint venture that is being cre -- that was created by Carlisle and Tacolcy Economic Development in order for them to have a tax credit deal. Keep in mind that regardless of this resolution being approved, we would have to go to the Model City Homeownership Trust and get their blessing -- Vice Chairman Winton: OK. Ms. Gomez -Rodriguez: -- because of the interlocal. Chairman Gonzalez: All right. Commissioner Spence -Jones: Thank you, Barbara. Chairman Gonzalez: So that's your motion? Commissioner Spence -Jones: That's my motion. Vice Chairman Winton: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 72 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 Chairman Gonzalez: Motion carries. Vice Chairman Winton: That's it? Chairman Gonzalez: And that concludes the -- Vice Chairman Winton: Great. Chairman Gonzalez: -- Commission meeting. Motion to adjourn? Vice Chairman Winton: So move. NA.3 06-00405 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING OF APRIL 2006, ORIGINALLY SCHEDULED FOR APRIL 13, 2006, TO TAKE PLACE ON APRIL 6, 2006. Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-06-0171 Chairman Gonzalez: Yes, yes, yes? You had a question? Priscilla A. Thompson (City Clerk): I'm sorry, Chair. I just wanted to make sure we were clear on our April meetings, our upcoming April meetings. Chairman Gonzalez: All right. We have an issue about the April meeting. I've been hearing that the April meeting, that it is a problem because the next day is Good Friday, and that day is a conflict, and Mr. City Attorney, that's been coming from your office. Jorge L. Fernandez (City Attorney): Well, no -- what's coming from our office? Chairman Gonzalez: The issue about the -- Mr. Fernandez: There -- no -- Chairman Gonzalez: -- change in date on the -- Mr. Fernandez: No, no, no. Chairman Gonzalez: -- Commission meeting. Mr. Fernandez: We're making you aware. There is no legal issue with regard to that. It's just alerting the Commission that the 13th is Passover -- Chairman Gonzalez: OK. Mr. Fernandez: -- 14th is Good Friday. It's -- you may hold meetings Thursday, Friday, Saturday, Sunday, anytime you really want, but just making -- alerting you to the fact that in between -- this is one of those periods where we have an opportunity to still meet publication City ofMiami Page 73 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 requirements and move it to the 6th -- Chairman Gonzalez: OK. What is the will of the Commission -- Mr. Fernandez: -- or the 7th, I'm sorry. Chairman Gonzalez: -- of the Commissioners that are here? Do you want to leave it at the day that is set? Do you want to move it to the what -- to the 7th? Vice Chairman Winton: Whatever y'all want. What is it, April 7? Commissioner Spence -Jones: April 7? Mr. Fernandez: Yeah, if the regular meeting was scheduled for the 13th, Madam Clerk, when was the meeting presently scheduled for? Ms. Thompson: OK. In the month of April, our first meeting is scheduled for Thursday, April 13. If you move it ahead one week, that would be Thursday, April 6. Mr. Fernandez: Correct. Ms. Thompson: If you move it back one week, that would be Thursday, April 20. Mr. Fernandez: No, but we do not advise the 20th because there we have issues of publications and advertising and the like, but you still have the 30th, which is an intervening Thursday that gives us the two -week separation. Chairman Gonzalez: All right. Vice Chairman Winton: How about the 6th? Mr. Fernandez: The 6th -- Chairman Gonzalez: The 6th? Mr. Fernandez: -- right. That would be the proper motion -- Vice Chairman Winton: Six, so move. Mr. Fernandez: -- if you want to -- Vice Chairman Winton: So move. Mr. Fernandez: -- not have the meeting -- Commissioner Spence -Jones: Second. Mr. Fernandez: -- on Passover. Chairman Gonzalez: All right. We have a motion to -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- schedule the April meeting on April 6, and we have a second. All in favor, say "aye." City ofMiami Page 74 Printed on 3/21/2006 City Commission Meeting Minutes March 9, 2006 The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. The other Commissioners will be notified, right? Ms. Thompson: Correct. Chairman Gonzalez: Thank you. I need a motion to adjourn. Commissioner Spence -Jones: So move. Vice Chairman Winton: Yeah, so move. Chairman Gonzalez: We have a motion and we have a second. Have a good day all of you. Thank you. City ofMiami Page 75 Printed on 3/21/2006