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Home My WebLink AboutCC 2006-04-06 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Meeting Minutes Thursday, April 6, 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 April 6, 2006 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS The minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later..J" refers to discussions that were interrupted and later continued. City of Miami Page 2 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Winton, Commissioner Sanchez, Commissioner Regalado and Commissioner Spence -Jones Absent: Chairman Gonzalez On the 6th day of April2006, 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 Vice Chairman Johnny L. Winton at 9.•29 a.m., recessed at 12:01 p. m., reconvened at 12: 07 p.m., and adjourned at 12:43 p. m. Vice Chairman Winton: If you don't mind, we will bring to order the City of Miami Commission meeting of Thursday, April 6, 2006. Commissioner Sanchez, if you wouldn't mind doing the invocation, and I will follow with the pledge. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 06-00485 CEREMONIAL ITEM Name of Honoree Presenter Protocol Item Brenda Shapiro Commissioner Regalado Certificate of Appreciation Harry Monas Commissioner Sanchez Commendation 06-00485 Cover Page.pdf 06-00485 Protocol List.pdf Note for the Record: A commendation was presented by Mayor Diaz to Walter Hardemon for his selfless generosity to elevate the quality of life in the City of Miami; further acknowledging his 21 years as a Miami Police Officer and commitment to reducing crime and improving the quality of life in Liberty City; further recognizing his generosity of spirit in bringing hope to the forgotten areas of Miami, and giving birth to programs like Do The Right Thing; further, Commissioner Spence -Jones recognized Mr. Hardemon for his service to countless numbers of youth in the Liberty City area after having retired; further acknowledging her pledge to continue the legacy he had begun in Liberty City. 1. A Certificate of Appreciation was presented by Commissioner Regalado to Brenda Shapiro, the outgoing Chairman of the Community Relations Board, for going beyond the call of duty in rendering countless hours of service to the City of Miami and recognizing her selfless efforts in getting the City involved in such areas as educational and training programs for the community. 2. A commendation was presented by Commissioner Sanchez to Harry Monas for his efforts in making the City of Miami a better place; further recognizing his years of service as a chef at the Saint Sofia Annual Greek Festival and his unwavering commitment to the life ministry of the Saint Sofia Cathedral community. Note for the Record: Vice Chairman Winton presented a Distinguished Visitor Proclamation to Greg Westone, Richard McLanaghan, and Monica Medina, representatives of the International Fund for Animal Welfare (IFAW), recognizing their state-of-the-art 72-foot research vessel "Song of the Whale," and highlighting the threats to the whale population. Vice Chairman Winton: And, Mr. Mayor, I think you have a commendation you wanted to give. City of Miami Page 3 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 MAYORAL VETOES Presentations delivered NO MAYORAL VETOES Vice Chairman Winton: Mr. City Attorney, if you don't mind, I'm going to probably skip all of the -- Jorge L. Fernandez (City Attorney): Go right ahead. Vice Chairman Winton: -- reading of the stuff. I don't believe there are any mayoral vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Regalado, seconded by Commissioner Sanchez, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Vice Chairman Winton: And we need a motion to approve the minutes; Planning & Zoning, July 21; Planning & Zoning, February 23; regular meeting, March -- Commissioner Regalado: Move it. Vice Chairman Winton: On what date? Commissioner Sanchez: Second. Vice Chairman Winton: Is that March 9? Priscilla A. Thompson (City Clerk): That's correct, sir. Vice Chairman Winton: Thank you. Commissioner Sanchez: Second. Are we doing all three of them at -- Vice Chairman Winton: Yeah. Commissioner Sanchez: -- the same time? Ms. Thompson: Yes. Commissioner Sanchez: Second Vice Chairman Winton: We have a motion and a second on the approval of the minutes. Any further discussion? If not, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. City of Miami Page 4 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 ORDER OF DAY Vice Chairman Winton: Any items to be pulled or deferred today? I know we're -- Jorge L. Fernandez (City Attorney): Yes. Vice Chairman Winton: Mr. City Attorney. Mr. Fernandez: Yes, Mr. Chairman, Commissioners. The following items are going to be pulled. PH.3 is being deferred to April 27. Vice Chairman Winton: PH.3. Mr. Fernandez: Yes. Vice Chairman Winton: OK. Mr. Fernandez: PH.8 and 9, which were to begin at 10:30, time specific items, are being deferred to May 11. PH.6 and RE.1 are withdrawn from the agenda. Vice Chairman Winton: What was the second one? Mr. Fernandez: RE.1, and in your consent agenda, CA.12, we have a substitution. The item will be modified in some regard, so you need to pull that from consent because a substitute item is coming in with some -- a few changes from that which you have in your packet. That constitutes what the Administration would like to have deferred or withdrawn. Again, for the Clerk, PH.3 to April 27, PH.8 and 9 to May 11, PH.6 and RE. 1, withdrawn, and CA.12 is a substituted item. Vice Chairman Winton: Any Commissioners have any issues on consent agenda that you want to discuss or pull? Commissioner Sanchez: I had concerns with CA.5, but that has been cleared through briefing. 1 would like to pull CA. 7, just for the point of clarification on a question that I have on the item. CA. 7, Mr. -- Vice Chairman. Vice Chairman Winton: CA.7, OK. Any other -- Commissioner Regalado? Commissioner Regalado: No. City of Miami Page 5 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 CA.1 06-00240 RESOLUTION Department of Public Facilities CONSENT AGENDA A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH WINDMOOR PROJECT, LLC, FOR THE USE OF ORANGE BOWL STADIUM PARKING LOT NW1, FOR THE PARKING OF UP TO EIGHTY (80) VEHICLES, FOR A PERIOD NOT TO EXCEED THIRTY (30) MONTHS, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 06-00240 Legislation.pdf 06-00240 Exhibit 1.pdf 06-00240 Exhibit 2.pdf 06-00240 Exhibit 3.pdf 06-00240 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0197 CA.2 06-00442 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Police SPECIAL REVENUE FUND ENTITLED: "PORT SECURITY GRANT PROGRAM ("PSGP")-ROUND V," AND APPROPRIATING FUNDS CONSISTING OF A GRANT AWARD, IN THE AMOUNT OF $742,270, FROM THE DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNDER THE PSGP-ROUND V THROUGH MIAMI-DADE COUNTY, TO SUPPORT THE MIAMI-DADE POLICE DEPARTMENT, THE CITY OF MIAMI DEPARTMENT OF POLICE, AND THE PORT OF MIAMI RIVER GROUP. 06-00442 Legislation.pdf 06-00442 Summary Form.pdf 06-00442 Cost Breakdown.pdf 06-00442 Email.pdf 06-00442 Email 2.pdf 06-00442 Pre Iegislation.pdf 06-00442 County Memo.pdf 06-00442 Round V Awards.pdf 06-00442 County Memo 2.pdf 06-00442 Memo of Understanding.pdf 06-00442 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0198 City of Miami Page 6 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 CA.3 06-00443 Department of Information Technology RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF KRONOS WORKFORCE CENTRAL LICENSES, HARDWARE, TRAINING, SUPPORT SERVICES, SOFTWARE UPGRADES AND MAINTENANCE SERVICES FROM IMMIXTECHNOLOGY, INC., ON AN AS -NEEDED BASIS, UNDER EXISTING FEDERAL GSA SCHEDULE 70, CONTRACT NO. GS-35F-0330J, EFFECTIVE UNTIL MARCH 26, 2009, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS, FOR FISCAL YEAR 2005-2006 IN A TOTAL AMOUNT NOT TO EXCEED $85,000, WITH AN AMOUNT NOT TO EXCEED $50,000, FOR MAINTENANCE COSTS FOR FISCAL YEAR 2005-2006, WITH YEARLY MAINTENANCE COST INCREASES NOT TO EXCEED 4% PER YEAR THEREAFTER, AND WITH AN AMOUNT NOT TO EXCEED $35,000, FOR LICENSES, HARDWARE, TRAINING, SUPPORT SERVICES, AND SOFTWARE UPGRADES FOR FISCAL YEAR 2005-2006; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGET OF THE DEPARTMENT OF INFORMATION TECHNOLOGY, ACCOUNT CODE NO. 001000.460101.6.670 AND INFORMATION TECHNOLOGY STRATEGIC FUNDS; ALLOCATING FUNDS FOR FUTURE FISCAL YEAR PURCHASES, FROM THE OPERATING BUDGETS OF VARIOUS DEPARTMENTS, VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS, INFORMATION TECHNOLOGY STRATEGIC FUNDS, AND THE GENERAL OPERATING BUDGET, SUBJECT ONLY TO BUDGETARY APPROVAL. 06-00443 Legislation.pdf 06-00443 Summary Form.pdf 06-00443 Sales Quotation.pdf 06-00443 Schedules e-Iibrary.pdf 06-00443 Ordering Information.pdf 06-00443 Terms and Conditions.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez CA.4 06-00444 Department of Police R-06-0199 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF EMERGENCY VEHICLE SUPPLY, RECEIVED FEBRUARY 8, 2006, PURSUANT TO INVITATION FOR BIDS NO. 05-06-023, FOR THE REMOVAUINSTALLATION OF MOBILE DIGITAL COMPUTERS, FOR THE DEPARTMENT OF POLICE, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT OF $36,000, FOR THE FIRST CONTRACT YEAR, AND AT AN ANNUAL AMOUNT OF $17,625, FOR SUBSEQUENT CONTRACT YEARS, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $106,500; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL FUND OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270. City of Miami Page 7 Printed on 4/26/1006 City Commission Meeting Minutes April 6, 2006 06-00444 Legislation.pdf 06-00444 Summary Form .pdf 06-00444 Award Recommendation.pdf 06-00444 Tabulation of Bids.pdf 06-00444 Bid Security List.pdf 06-00444 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez CA.5 06-00445 Department of Capital Improvement Programs/Transpor tation R-06-0200 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CAPITAL PROJECTS APPROPRIATIONS RESOLUTION NO. 05-0689, ADOPTED NOVEMBER 17, 2005, AS AMENDED, TO REVISE CURRENT APPROPRIATIONS, INCLUDING HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS, AMONG APPROVED PROJECTS, AND APPROPRIATE NEW FUNDING. 06-00445 Legislation.pdf 06-00445 Exhibit.pdf 06-00445 Summary Form.pdf 06-00445 Master Report.pdf 06-00445 Pre Project Agreement.pdf 06-00445 Cost Estimate.pdf 06-00445 Pre Legislation.pdf 06-00445 Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez CA.6 06-00447 Department of Parks and Recreation R-06-0201 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF COMMERCIAL ENERGY SPECIALISTS, INC., RECEIVED JANUARY 30, 2006, PURSUANT TO INVITATION FOR BIDS NO. 05-06-024, FOR THE PROVISION OF SWIMMING POOL CHEMICALS AND SUPPLIES, ON AN AS -NEEDED BASIS, FOR THE DEPARTMENT OF PARKS AND RECREATION, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $50,467.75, FOR AN ESTIMATED TOTAL CONTRACT AMOUNT NOT TO EXCEED $252,338.75; ALLOCATING FUNDS FROM THE PARKS AND RECREATION GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.580301.6.704. City of Miami Page 8 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 06-00447 - Legislation.pdf 06-00447 - Summary Form.pdf 06-00447 - Award Recommendation.pdf 06-00447 - Tabulation of Bids.pdf 06-00447 - Bid Response Form.pdf 06-00447 - Qualification Statement.pdf 06-00447 - Affidavit Information.pdf 06-00447 - Certificate of Insurance.pdf 06-00447 - Diploma.pdf 06-00447 - Occupational License.pdf 06-00447 - Registration.pdf 06-00447 - State of FL. Regulations.pdf 06-00447 - Posting.pdf 06-00447 - Drug -Free Application.pdf 06-00447 - Bid Checklist.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0202 CA.7 06-00448 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR LETTERS OF INTEREST NO. 05-06-025, ISSUED JANUARY 18, 2006, THAT THE FIRMS MOST QUALIFIED TO PROVIDE REAL ESTATE AND FINANCIAL ADVISORY SERVICES IN CONNECTION WITH THE POTENTIAL DISPOSITION OF THE JAMES L. KNIGHT CENTER COMPLEX IN RANK ORDER ARE: (1) STAUBACH COMPANY, NORTHEAST, INC. AND (2) CUSHMAN AND WAKEFIELD, INC.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH STAUBACH COMPANY, NORTHEAST, INC., THE TOP -RANKED FIRM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM, IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP- RANKED FIRM; DIRECTING THAT THE NEGOTIATED AGREEMENT BE PRESENTED TO THE CITY COMMISSION FOR CONSIDERATION. 06-00448 Legislation.pdf 06-00448 Summary Form.pdf 06-00448 Recommendation Memo.pdf 06-00448 Tabulation Results.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0211 Vice Chairman Winton: CA.7. Commissioner Sanchez: On CA. 7, the firm that we're hiring is just going to do a study to come City of Miami Page 9 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 back and give us our best options -- Laura Billberry: Lori Billberry -- Commissioner Sanchez: OK. Ms. Billberry: -- Public Facilities. That's correct. Commissioner Sanchez: The question that I had was that it will come back to the Commission, right? Ms. Billberry: Before any sales, that -- if that's what you're trying, yes. Commissioner Sanchez: OK. Other than that, I'm OK with it. Commissioner Spence -Jones: I do have -- Vice Chairman Winton: Want to move -- I'm sorry? Commissioner Spence -Jones: -- a couple questions. Vice Chairman Winton: On CA.7? Commissioner Spence -Jones: CA. 7 -- Vice Chairman Winton: Yes, ma'am. Commissioner Spence -Jones: -- also, and most of it, you cleared up. Basically, the study itself -- the folks that we're hiring to do the work, we're looking at them coming back with the recommendation of the most we can gain from selling the property, correct? Ms. Billberry: That's correct. Commissioner Spence -Jones: OK. I just had one question for clarity, and just to make sure that we're all on the same page. The -- there's never -- has there ever been any studies or have we looked at any additional options that could be made, or have we looked at the pros and cons of both sides of maybe trying to take the existing building that we have to get better usage out of it? Ms. Billberry: We have not hired anybody to look at the structure of whether or not it could be adapted. Part of what we -- we have to still negotiate the scope with the company, and that contract itself will be coming back to you. One of the elements, though, can be to look at whether or not this facility is functionally obsolete or not. Commissioner Spence -Jones: So -- Ms. Billberry: We could have them look at that aspect. Commissioner Spence -Jones: -- you're basically saying that option is also -- could be made available in the existing agreement with the group. Ms. Billberry: Right. We do not have an agreement yet. This is just to authorize negotiations. Commissioner Spence -Jones: OK, and you know that I've said this already, and I said it to the assistant chief. My only concern, you know, we're losing all of our venues. Coconut Grove is going; Miami Arena is gone, and the only venue that we really have left for smaller events or City of Miami Page 10 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 smaller activities is the Knight Center, so I just think that it's really important that, you know, this is no longer going to be an option. I know this is way down the line, but we still have to think from that viewpoint, you know. I just would want to make sure that we have other options, or we're going to look at other options to make sure that we at least try -- if the Knight Center's no longer going to be that option, that we would at least try to put in our plans to create an additional venue -- Vice Chairman Winton: Bingo. Commissioner Spence -Jones: -- because every major city has one, and for us not to have a venue for conferences or conventions, it's crazy to me, so I just would want to make sure that we're just not going to sell it off and not have an option of creating another venue. Ms. Billberry: OK. Commissioner Spence -Jones: That was my only point. Commissioner Sanchez: So move. Vice Chairman Winton: And maybe, Commissioner, that any proceeds that the City might gain from the sale, you might want to be bringing a resolution forward that earmarks those gains specifically to a new state-of-the-art facility that we could build -- Commissioner Spence -Jones: I definitely would like to do that. Vice Chairman Winton: -- as opposed to it disappearing into the general fund, never to be seen again. Commissioner Spence -Jones: I would definitely like to do that. Vice Chairman Winton: Great. OK, I'm sorry. We have a motion. Do we have a second? Commissioner Spence -Jones: Yes. Vice Chairman Winton: I have a motion and a second. Any further discussion? If not, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. CA.8 06-00449 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Police INCREASE IN THE ANNUAL AMOUNT OF COMPENSATION PAYABLE TO MIAMI-DADE COLLEGE, NORTH CAMPUS, SCHOOL OF JUSTICE, FOR ADDITIONAL TUITION COSTS FOR POLICE OFFICER AND PUBLIC SERVICE AIDE RECRUITS, FOR THE DEPARTMENT OF POLICE, PURSUANT TO RESOLUTION NO. 03-941, ADOPTED SEPTEMBER 11, 2003, FURTHER AMENDED BY RESOLUTION NO. 05-0565, ADOPTED SEPTEMBER 22, 2005, IN AN ANNUAL AMOUNT NOT TO EXCEED $211,186, INCREASING THE TOTAL ANNUAL AMOUNT OF THE AGREEMENT FROM $214,000 TO $425,186; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270, FOR FISCAL YEAR 2005-2006, WITH FUTURE City of Miami Page t t Printed on 4/26/1006 City Commission Meeting Minutes April 6, 2006 FISCAL YEARS FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S) FOR SAID PURPOSE. 06-00449 Legislation.pdf 06-00449 Summary Form.pdf 06-00449 Pre Legislation.pdf 06-00449 Pre Legislation 2.pdf 06-00449 Pre Amendment.pdf 06-00449 Pre Agreement.pdf 06-00449 Letter.pdf 06-00449 Overview.pdf 06-00449 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0203 CA.9 06-00450 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF INDUSTRIAL SUPPLIES AND EQUIPMENT, LIGHTING PRODUCTS, AND JANITORIAL SUPPLIES AND EQUIPMENT, FROM GRAINGER INDUSTRIAL SUPPLY, UTILIZING THE WESTERN STATES CONTRACTING ALLIANCE ("WSCA") CONTRACT NO. 7066, EFFECTIVE THROUGH NOVEMBER 30, 2007, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY WSCA, TO BE UTILIZED CITYWIDE BY VARIOUS USER DEPARTMENTS AND AGENCIES, AT THE UNIT PRICES AND DISCOUNTS, AS PROVIDED IN SAID CONTRACT; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGETS AND GRANTS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES; AUTHORIZING SAID PURCHASES, ON AN AS -NEEDED BASIS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 12 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 06-00450 06-00450 06-00450 06-00450 06-00450 06-00450 06-00450 06-00450 06-00450 06-00450 06-00450 06-00450 06-00450 06-00450 06-00450 06-00450 06-00450 06-00450 06-00450 Legislation.pdf Summary Form.pdf Final Offer.pdf ITB 7066.pdf Discount Structure.pdf Letter.pdf Bid Submission.pdf Amendment.pdf Multi State Contract.pdf Certification of Compliance.pdf Terms and Conditions.pdf Reference Questionare.pdf Participating StatesTerms and Conditions.pdf Pricing Form.pdf Price Schedule.pdf Price Sheet.pdf Letter of Clarification.pdf Letter 2.pdf Report Card.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0204 CA.10 06-00451 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Public Works SOUTHWEST 36TH AVENUE FROM SOUTHWEST 8 STREET TO SOUTHWEST 11TH STREET, MIAMI, FLORIDA, AS "SPECIAL AGENT OCTAVIO GONZALEZ 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. 06-00451 Legislation.pdf 06-00451 Summary Form.pdf 06-00451 Codesignation Application.pdf 06-00451 Biography.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0205 CA.11 06-00452 RESOLUTION Department of Public Works 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 City of Miami Page 13 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 06-00452 Legislation.pdf 06-00452 Summary Form.pdf 06-00452 Codesignation Application.pdf 06-00452 Biography.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0206 CA.12 06-00453 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND METRO EXPRESS, INC., FOR ADDITIONAL WORK REQUIRED FOR THE PROJECT ENTITLED "CITYWIDE PEDESTRIAN ROUTES IMPROVEMENTS - 2005, B-34114;" IN AN AMOUNT NOT TO EXCEED $274,894.75, INCREASING THE CONTRACT AMOUNT FROM $400,500 TO $675,394.75; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $76,529, FROM THE FEMA ACCOUNT NO. 800005.311506.6.340, FOR HURRICANE KATRINA, AND AN AMOUNT NOT TO EXCEED $198,365.75, FROM THE FEMA ACCOUNT NO. 800007.311508.6.340, FOR HURRICANE WILMA, FOR SAID PURPOSE. 06-00453 Legislation.pdf 06-00453 Exhibit.pdf 06-00453 Summary Form.pdf 06-00453 Master Report.pdf 06-00453 Pre Legislation.pdf 06-00453 Text File Report.pdf 06-00453 Contract.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0212 Vice Chairman Winton: Do you want to do CA.12, substitute -- Jorge L. Fernandez (City Attorney): Yes. Vice Chairman Winton: -- CA.12? Mr. Fernandez: CA.12 can be done now. Vice Chairman Winton: OK. Commissioner Sanchez: CA. 12? Mr. Fernandez: Yes. It was -- City of Miami Page 14 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Vice Chairman Winton: Yeah, it was a substitute item. Mr. Fernandez: -- as a substitute item. A few modifications were made to the item as it appeared on your agenda. Stephanie Grindell: Stephanie Grindell, director of Public Works. The only change in the substitution was we increased the dollar amount by $774.03. Vice Chairman Winton: By how many? Ms. Grindell: FEMA (Federal Emergency Management Agency) allowed us -- Vice Chairman Winton: By how many dollars? Ms. Grindell: Seven hundred and seventy-four dollars; that FEMA allowed us more money than we expected. Vice Chairman Winton: And that's a substitute? Ms. Grindell: That's the substitute. Mr. Fernandez: Yes. Vice Chairman Winton: We need a motion. Commissioner Sanchez: So move. Commissioner Spence -Jones: Second. Vice Chairman Winton: Got a motion and a second. Any other discussion? If not, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. CA.13 06-00454 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND ENVIROWASTE SERVICES GROUP, INC. , PURSUANT TO RESOLUTION NO. 05-0445, ADOPTED JULY 28, 2005, FOR ADDITIONAL WORK REQUIRED FOR THE PROJECT ENTITLED "CITYWIDE STORM SEWER INLET CLEANING PROJECT -NORTH ZONE, B-50711," IN THE ANNUAL AMOUNT NOT TO EXCEED $93,979.37, INCREASING THE ANNUAL CONTRACT AMOUNT FROM $239,635 TO $ 333,614.37; ALLOCATING FUNDS, FROM FEMA ACCOUNT NO. 800005.311506.6.340 FOR HURRICANE KATRINA, FOR SAID INCREASE; AMENDING RESOLUTION NO. 05-0445, TO REFLECT SAID INCREASE. City of Miami Page 15 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 06-00454 Legislation.pdf 06-00454 Exhibit.pdf 06-00454 Summary Form.pdf 06-00454 Pre Iegislation.pdf 06-00454 Contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez CA.14 06-00455 Department of Capital Improvement Programs/Transpor tation R-06-0207 RESOLUTION A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE TRAFFIC CALMING STUDIES FOR THE "STREET CLOSURE STUDY OF SOUTHWEST 27TH LANE AND SOUTHWEST 28TH STREET EAST OF SOUTHWEST 26TH AVENUE," PROJECT NO. B-30083, DATED OCTOBER, 2004, THE "NORTH GROVE TRAFFIC CALMING STUDY," PROJECT NO. B-30004, DATED MARCH, 2005, AND THE "EAST LITTLE HAVANA HOME DEPOT AREA TRAFFIC CALMING STUDY," PROJECT NO. B-30235, DATED OCTOBER, 2005, PREPARED BY MARLIN ENGINEERING, INC.; RECOMMENDING THAT THE MIAMI-DADE COUNTY DEPARTMENT OF PUBLIC WORKS APPROVE THE FINDINGS, MEASURES AND LOCATIONS CONTAINED THEREIN; FURTHER DIRECTING THE DEPARTMENT OF CAPITAL IMPROVEMENTS AND TRANSPORTATION TO PREPARE A PLAN OF ACTION FOR THE IMPLEMENTATION OF THE PROJECT(S) ONCE FUNDS HAVE BEEN IDENTIFIED. 06-00455 Legislation.pdf 06-00455 Exhibit 1.pdf 06-00455 Exhibit 2.pdf 06-00455 Exhibit 3.pdf 06-00455 Exhibit 4.pdf 06-00455 Exhibit 5.pdf 06-00455 Exhibit 6.pdf 06-00455 Exhibit 7.pdf 06-00455 Exhibit 8.pdf 06-00455 Exhibit 9.pdf 06-00455 Exhibit 10.pdf 06-00455 Exhibit 11.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez CA.15 06-00470 R-06-0208 RESOLUTION City of Miami Page 16 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Department of Capital Improvement Programs/Transpor tation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCESS AND PERMISSION TO RELOCATE DRIVEWAY AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI VEIN CENTER, FOR THE PROJECT ENTITLED "SOUTH MIAMI AVENUE IMPROVEMENTS," PROJECT, B-60479. 06-00470 Legislation.pdf 06-00470 Exhibit.pdf 06-00470 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez CA.16 06-00480 Department of Police R-06-0209 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT WITH THE DEPARTMENT OF DEFENSE, DEFENSE LOGISTICS AGENCY, DEFENSE ENERGY SUPPORT CENTER, TO PARTICIPATE IN THE INTO -PLANE REIMBURSEMENT CARD PROGRAM ALSO KNOWN AS THE "AIR" CARD PROGRAM, FOR THE CITY OF MIAMI HELICOPTER AIRCRAFT, PURSUANT TO RESOLUTION NO. 06-0005, ADOPTED JANUARY 12, 2006, IN AN ANNUAL AMOUNT NOT TO EXCEED $31,000, INCREASING THE CONTRACT, FROM $31,000 TO $62,000, ANNUALLY; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290301.6.715; AMENDING RESOLUTION NO. 06-0005, TO REFLECT SAID INCREASE. 06-00480 Legislation.pdf 06-00480 Summary Form.pdf 06-00480 Text File Report.pdf 06-00480 Text File Report 2.pdf 06-00480 Master Report.pdf 06-00480 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0210 Adopted the Consent Agenda Motion by Commissioner Sanchez, seconded by Commissioner Regalado, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Consent Minutes City of Miami Page 17 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Vice Chairman Winton: So we need a motion on -- Commissioner Sanchez: So move. Vice Chairman Winton: -- the remaining consent items. Commissioner Sanchez: So move. Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Vice Chairman Winton: Got a motion and a second Any further discussion? If not, all in favor, i11 t The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. City of Miami Page 18 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 06-00389 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 10, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") ENTITLED "BUILDINGS" BY ADDING A NEW ARTICLE III, ENTITLED "LEAD BASED PAINT ON BUILDING EXTERIORS" TO PROVIDE FOR AND CLARIFY ENFORCEMENT AUTHORITY AND THE RESPONSIBILITIES OF OWNERS AND CONTRACTORS CONCERNING WORK THAT DISTURBS LEAD PAINT ON BUILDING EXTERIORS AND, MAKING MISCELLANEOUS CLARIFICATIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00389 Legislation.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Vice Chairman Winton: I guess we're to Commissioner and Mayor items. Is the Mayor here? Mr. Mayor, you are front and center. Mayor Manuel A. Diaz: Thank you, Commissioners. I have two items. The first one is a lead -based ordinance, which I would ask for your approval. As some of you may know, we have started a campaign that we call Miami Unleaded -- the Miami Unleaded Campaign, which is a combination of outreach education and even some funding. We applied to the -- through the US (United States) Conference of Mayors and with HUD (Department of Housing and Urban Development). We applied for funding to eradicate the problem of lead -based paints -- lead-based paint in our community. As many of you know, we have a very old housing stock. Most housing stock, certainly before 1950, is presumed to have used lead -based paint. Our worst neighborhoods are Allapattah, East Little Havana, Little Haiti, Model City, and Overtown, where it is reported that 65 percent of the lead -based activity is concentrated. Lead -base is a serious problem, particularly with children, as science has proven, quite convincingly, that lead -base can create irreversible physical and mental disabilities in children, including stunting growth, hyperactivity, and learning disabilities, just to name a few. Our goal with the HUD grant is to test and clean up 270 homes. We have 15,000 per home that we can use. Obviously, to the residents, this represents a program that is free to them. We have already tested a number of homes and have already found lead in some of those homes, and this is a program that I ask that you please approve. This is essential to continuing to improve the health and safety of the people in Miami, and particularly, our children who have lived in these homes or apartments for years, exposed to this terrible, terrible hazard, and also in adopting this ordinance, it puts us in a position where we can go back and -- if the need is greater, we can go back to HUD and others and secure additional funding because of the leadership that we have taken in adopting this kind of legislation. Commissioner Sanchez: So move. Vice Chairman Winton: Need a motion. City of Miami Page 19 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Commissioner Spence -Jones: Second. Vice Chairman Winton: We have a motion and a second. Any further discussion on this item? If not, all in favor, "aye. " Commissioner Regalado: It's an ordinance. Vice Chairman Winton: Oh, it's an ordinance. I'm sorry. Thank you. Mr. City Attorney. Mr. Fernandez: And -- yes, and perhaps, you -- because it is an ordinance, open to the public, if there is any comment or input. Vice Chairman Winton: The City Commis -- the City Attorney has suggested that it's a public comment time. Anyone from the public like to comment on the Mayor's lead paint initiative? Public hearing is open; public hearing is closed. Would you read the ordinance, please? The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. Vice Chairman Winton: Roll call, please. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Mayor Diaz: Thank you. M.2 06-00413 RESOLUTION "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING THE EMPLOYEES' WORKFORCE HOUSING DOWNPAYMENT ASSISTANCE PROGRAM FOR THE CITY OF MIAMI EMPLOYEES, WITH THE POLICIES AND PROCEDURES AS DESCRIBED IN "ATTACHMENT A," ATTACHED AND INCORPORATED; AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT OF $2,500,000, FROM THE CITY OF MIAMI AFFORDABLE HOUSING TRUST FUND; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT. 06-00413 Legislation.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0213 Mayor Manuel A. Diaz: The second item is a resolution which would establish the Employees Workforce Housing Down Payment Assistance Program. As many of you may remember, some time ago we announced that, in our continuing efforts to create affordable housing opportunities City of Miami Page 20 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 in our community, we were not only going to do all the great things that all of us have collectively done over the last few years -- and by the way, just as an aside, some of you may have been reading in the paper that our efforts in Tallahassee are also going very well in terms of scraping the cap and releasing vital funds that have been sitting up in Tallahassee for some time, valuation changes, and a number of other changes that 1 think will improve our efforts to continue to deliver affordable housing in our community. This effort is particularly directed at creating affordable housing homeownership opportunities for employees. As many of you know, it's a challenge to -- affordable housing is a challenge, and in particular, it's a challenge for many of our first responders, our police, our fire, that we all would very much want to move back into our city, and not just for them to feel a sense of a pride in living in the city that -- where they work but also in just helping the neighborhood, having City employees share neighborhoods and share concerns in their neighborhoods, so this program would utilize $2.5 million from our affordable housing trust fund to work with, hopefully, up to one hundred eligible City employees at 25,000 per employee. We believe that this can be potentially leveraged with programs that Fannie Mae and other institutions have to create these housing opportunities for our employees, and I would ask your approval of this resolution. Commissioner Sanchez: So move. Commissioner Spence -Jones: Second. I just wanted to -- Vice Chairman Winton: Motion and second. Yes, ma'am. Commissioner Spence -Jones: First of all, I want to commend you, Mr. Mayor, and Barbara Rodriguez for really working hard to pull this whole project together. I mean, I get countless numbers of calls to my office, District 5's office, where there are many people, nurses, teachers -- just had a police officer yesterday, you know, because they can't qua1, they can't, you know, get into these houses, but that doesn't mean that they need -- don't need help, so now this particular project or program is going to allow them the opportunity, especially for my City employees. You know, we want them to come back to the City, and we don't want them going to Broward County or down south, so I think that this is a great, great step in doing that, and the commitment that the staff -- the City staff Barbara Rodriguez staff and your staffs commitment to do that is to be commended, so I just wanted to thank you for that -- Mayor Diaz: Thank you, Commissioner. Commissioner Spence -Jones: -- and I look forward to tapping into that program. Vice Chairman Winton: And Commissioner -- Commissioner Regalado: Mr. Chairman. Mayor Diaz: Thank you, Commissioner. Thank you for reminding me that I should thank Barbara Rodriguez and Linda Haskins, who really took the leadership in this. Vice Chairman Winton: And Michelle, by the way, you said living in Broward County -- Commissioner Spence -Jones: Um -hum. Vice Chairman Winton: -- there's a reasonable number of City of Miami firefighters live in Palm Beach County. Commissioner Sanchez: Beach County. Commissioner Spence -Jones: Oh, yeah? I know. We want -- City of Miami Page 21 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Vice Chairman Winton: I think -- Commissioner Spence -Jones.' -- them back Vice Chairman Winton: -- they can afford Miami houses. Commissioner Regalado: Thank you very much. Mr. Chairman, I also would like to commend the Mayor and Barbara Rodriguez. Just a point of clarification, in the terms, it says full amount of loan is due if applicant ceases to be employed by the City of Miami within the full term of the loan, which will be ten years. Now the question is, how about if they retire? Because technically, you still are a City of Miami employee if you retire, and it says it ceases to be employed, so if you retire, you still qualify? Barbara Gomez -Rodriguez (Director, Community Development): The understanding that we have is yes. If you retire, yes. What we want to make sure is that people that do access these dollars do not resign the next day and just leave the City, so yes, if you do retire, they are still eligible to get this benefit. Vice Chairman Winton: Well, what do you mean you understand? Commissioner Regalado: Yeah. Mayor Diaz: That's the intent. Ms. Gomez -Rodriguez: That's the intent that we have in this policy. Vice Chairman Winton: Well, can we -- why don't we put that in here in writing, so there isn't a question -- Mayor Diaz: OK. Ms. Gomez -Rodriguez: OK. Vice Chairman Winton: -- later -- Ms. Gomez -Rodriguez: Yes. Vice Chairman Winton: -- and would you like to make that amendment? Commissioner Regalado: I would. I would -- Ms. Gomez -Rodriguez: Yes. Commissioner Regalado: -- if the Mayor would agree. Mayor Diaz: Sure, 1 do. Ms. Gomez -Rodriguez: Yes. Vice Chairman Winton: OK -- Commissioner Regalado: OK, so -- Vice Chairman Winton: -- so -- City of Miami Page 22 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Commissioner Regalado: -- as amended -- Vice Chairman Winton: Would the maker of the motion and the seconder of the motion agree to the amendment? Commissioner Spence -Jones.' Yes. Commissioner Sanchez: Yes. Vice Chairman Winton: The amendment is to put a clarification in there that if you're a City employee and you retire from service, that the loan stays into effect. There's a provision in there that says if you quit, the loan's callable, which I think is the right thing -- Commissioner Spence -Jones: Yeah. Vice Chairman Winton: -- but if you retire, we want to be clear that it still remains a loan -- Mayor Diaz: That's fine. Commissioner Sanchez: I -- Vice Chairman Winton: -- and the maker accepts the modification -- Commissioner Sanchez: Yes. Vice Chairman Winton: -- and the second? Yes. Commissioner Sanchez: Yes. Vice Chairman Winton: So, we have a motion -- Commissioner Sanchez: But -- Vice Chairman Winton: Yes. Commissioner Sanchez: -- along the discussion that we had, we wanted to make sure that we did have good standards and guidelines to support this great legislation, which is something very good, and along the way, to focus on fairness because usually the last thing that anyone -- anybody wants to be accused of is, of course, favorable to someone and not favorable to some other employees, so the most important component of this legislation is that we do have a good, solid guideline to make sure that it's a good legislation and it's going to serve a good -- Ms. Gomez -Rodriguez: We believe we do, and we're very anxious to go forward with this project. We have been talking to our City Attorney's Office to look at it, so we feel we're ready to go. We have been getting a lot of calls from employees that want to come back to the Ciry throughout all departments, so I think it is -- it's going to be very good. Commissioner Sanchez: All right. Vice Chairman Winton: Any further discussion? This was a resolution, right? Mayor Diaz: Right. Vice Chairman Winton: If not, all in favor, "aye. " City of Miami Page 23 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. Mayor Diaz: Thank you. Vice Chairman Winton: Thank you. Commissioner Sanchez, you have any blue page items? Commissioner Sanchez: No, I don't, Mr. Vice Chair. I will request that a pocket item be taken out of order when the organization gets here later on. Vice Chairman Winton: OK, that's fine. Just let me know. Commissioner Regalado? Commissioner Regalado: No, Mr. Chairman. DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 VICE CHAIRMAN JOHNNY L. WINTON D2.1 06-00483 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RECOMMENDATION AND PROPOSED AMENDED BUDGET OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006. 06-00483 Legislation.pdf 06-00483 Exhibit.pdf 06-00483 Summary Form.pdf 06-00483 Pre Legislation.pdf 06-00483 Operating Budget.pdf Motion by Vice Chairman Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0215 Vice Chairman Winton: And Commissioner Sanchez, would you take the chairmanship here real quickly? I've got -- Commissioner Sanchez: All right. Vice Chairman Winton: -- my blue page item, and it's a resolution of the City of Miami Commission approving the recommendation and proposed amended budget of the Coconut Grove Business Improvement Committee, and the budget was attached in your agenda. I so move. City of Miami Page 24 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Commissioner Regalado: Second. Commissioner Sanchez: All right. Commissioner Spence -Jones: Mr. -- Commissioner Sanchez: There is a -- Vice Chairman Winton: Motion. Commissioner Sanchez: -- motion and a second. The item is open for discussion. Commissioner Spence -Jones. Commissioner Spence -Jones: Well, I just wanted to make -- this is regarding what we just went through. Are we not getting the report from MSEA (Miami Sports & Exhibition Authority) at all? Is that not happening today? Vice Chairman Winton: Oh, I don't -- I didn't see anyone from MSEA here, so 1'11 find out. Commissioner Spence -Jones: Oh, OK. No. I just want to make sure -- Commissioner Sanchez: We'll do it this afternoon. Commissioner Spence -Jones: Oh, OK. Commissioner Sanchez: All right. There's a motion and a second The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. You have the gavel back. Vice Chairman Winton: Thank you. DISTRICT 3 COMMISSIONER JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 06-00482 DISCUSSION ITEM DISCUSSION CONCERNING THE FEASIBILITY OF ERECTING FENCES AROUND ALL CITY OWNED LOTS AND PRIVATELY OWNED LOTS THAT ARE NOT KEPT IN COMPLIANCE WITH THE CITY CODE, AND INITIATING A PROGRAM TO BRING THESE LOTS INTO COMPLIANCE AND KEEP THEM IN COMPLIANCE. City of Miami Page 25 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 06-00482 Email.pdf DISCUSSED Direction to the Administration by Commissioner Spence -Jones to provide feasibility report, to include costs, for erecting fences around city -owned and privately -owned lots not in compliance with city code. Vice Chairman Winton: Commissioner Spence -Jones? Commissioner Spence -Jones: Yeah, and most of it -- yeah, I do have an item. I just want to review it real fast. Most of it got cleared up already, but this is in reference to the fencing requirement that I'm trying to put within my district, and I don't -- Vice Chairman Winton: The what? Commissioner Spence -Jones: -- know if we have -- Vice Chairman Winton: The what? Commissioner Spence -Jones: Fencing. It's -- my -- Vice Chairman Winton: Oh. Commissioner Spence -Jones: -- item is the fencing item. I don't if Alicia -- is Alicia here? Cuervo Schrei -- yeah. Vice Chairman Winton: Commissioner, I don't have that in my book, so I don't know if -- Commissioner Spence -Jones: You don't? Vice Chairman Winton.' No. Commissioner Regalado: It's here. Commissioner Spence -Jones: Discussion concerning the feasibility of erecting fences is not in your book? Vice Chairman Winton: No. Mine's blank, but now I have one. Commissioner Spence -Jones: OK. Commissioner Sanchez: That's D5.1. Vice Chairman Winton: Right. Commissioner Spence -Jones: And basically, the whole purpose of this discussion was centered around the vacant lots that I have throughout my district. As you -- my colleagues know, District 5, in many of my areas, Liberty City, Overtown especially, I have a large, large number of vacant lots, big lots. I'm not talking about the small lots, and they're really becoming problems in many of these areas. We have people that are setting up vendors on there; people getting hurt on those lots, and as you know, Alicia, over the next two months, we'll be launching off a major campaign called Project Rebuild, so I really want to make sure that we protect the citizens by fencing these lots. You know, people are living on the lots. It's out of control, so I just wanted to find out from you -- I know we talked about some possible solutions, because I do know that this costs -- there's a cost associated with it, and I just wanted you to be able to come back to me to let me know possible solutions, so can you speak to that for me? City of Miami Page 26 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Alicia Cuervo Schreiber: Yes, Commissioner. Alicia Cuervo Schreiber, chief of Operations, City of Miami. Commissioner, you and I have driven to various locations, and I saw the situation as it related to possible safety issues, and just eyesore concerns, and just overgrown lots, period, and trash, and one of the things you and I discussed, it was two gong [sic] element. First, that there was City -owned properties that maybe needed to be -- show promotion of what was coming in the future, whether it would be a tot lot, whatever was coming, and just be more diligent in cutting the grass, and some of those might need fencing by the appropriate department, whether it was Model City, or CRA (Community Redevelopment Agency), or CD (Community Development). Then the second element was those delinquent property owners that had just completely abandoned those large lots -- lots that were greater than, let's say, 3,000 or 4,000 square feet -- that we might get with Legal and get with Code Enforcement and see if the element of us just cutting the grass, that we could also include, if it was a delinquent enforced property, that we could require fencing on the property and see how we could implement that mechanism, so the thought was to get with Legal and Code Enforcement and see if there was an avenue, something that we could do in that direction. Commissioner Spence -Jones: To add to the existing ordinance that we have regarding, you know, abandoned lots -- Unidentified Speaker: Correct. Commissioner Spence -Jones: -- so just -- so basically, what I would like to have you do is come back with -- Ms. Cuervo Schreiber: Um -hum. Commissioner Spence -Jones: -- recommendations of what we must do because over -- like I said, over the next 60 days, we're going to be launching that, and I'd like to begin with those big lots first. Commissioner Sanchez: In other words, a feasibility report as to how much it's going to cost -- Commissioner Spence -Jones: Yeah. Commissioner Sanchez: -- the City to maintain our properties, but let me just -- I don't think my mike's working, but the City is bounded by the Code to make sure that our properties are well kept and secure because it's our -- it becomes our liability, and you know, we have to lead by example. If our properties are not kept proper -- Vice Chairman Winton: Here, here. Commissioner Sanchez: -- if they're not looking neat, with what face are we going to face someone who owns a property and say, you know, you're going to get fined for not keeping your property neat or keeping it secure, so we have to live by example. Commissioner Spence -Jones: And that's what's happening now, especially in my district, in Liberty City and Overtown. We do have City -owned lots that really, you know -- Commissioner Sanchez: Well -- Commissioner Spence -Jones: -- and Alicia has been working hard to correct the problem, and 1 think one of the issues has been, for instance, Commissioner Sanchez, in Model City, Model City had the lots, so it wasn't that the City departments were not doing what they were supposed to do, but the Trust was not, so it's confusion around who's doing what for what lots, so I think now City of Miami Page 27 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 at least we have everything all in one place now. Ms. Cuervo Schreiber: Well, to put it on the record, what we've done, in working with CD and Linda's departments, and with Model City, is we've gone -- compiled all the lots, whether it be -- because Public Works today was only maintaining something like 27 lots, but there's over a hundred lots, some of them aren't even -- don't even constitute a lot, so we are defining those and putting out an RFP (Request for Proposals) for a citywide endeavor that would cut all the lots, and therefore, making us responsible and making us lead by example. Commissioner Sanchez: My only point is that we need to have our house in order before we go after other people and fine them and stuff I mean, once we get our properties taken care of then we'll go after the private sector to make sure that their properties are well kept. Commissioner Spence -Jones: 1 don't have a problem with that. Ms. Cuervo Schreiber: Thank you. City of Miami Page 28 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 PH.1 06-00472 Department of Capital Improvement Programs/Transpor tation PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS, WAIVING COMPETITIVE BIDDING PROCEDURES, PURSUANT TO SECTION 18-89 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AWARDING A BID TO ELECTRICAL CONTRACTING SERVICE, INC., FOR SPORTS AND SECURITY LIGHTING REPAIR WORK, FOR THE PROJECT ENTITLED "ORANGE BOWL STADIUM EMERGENCY SECURITY AND SPORTS LIGHT FIXTURE REMOVAL, B-30387, " IN AN AMOUNT NOT TO EXCEED $56,800; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER, FOR SAID PURPOSE; ALLOCATING FUNDS FROM HURRICANE WILMA ACCOUNT NO. 800007, FOR SAID PURPOSE. 06-00472 Legislation.pdf 06-00472 Summary Form.pdf 06-00472 Emergency Finding Memo.pdf 06-00472 Public Hearing Memo.pdf 06-00472 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: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0216 Vice Chairman Winton: Let's see, PH. 3 has been -- PH. 1. Mary Conway: Mary Conway, Capital Improvements and Transportation. PH.1 is an emergency finding and waiver of competitive procurement for the hiring of electrical contracting service for emergency repairs to the light towers at the Orange Bowl following Hurricane Wilma. Commissioner Sanchez: So move. Commissioner Spence -Jones: Second. Vice Chairman Winton: Got a motion and a second. Discussion. I have a question. Where are we on the grander plan for Orange Bowl renovation? Ms. Conway.: The -- Vice Chairman Winton: Do we know? Ms. Conway: -- item that was previously here, PH3, that's been deferred to the next April meeting, is for program management service -- the item that was before you previously, PH. 3, has been deferred to the next April meeting on the 27th. That item is for program management services for the larger renovation project at the Orange Bowl. Vice Chairman Winton: OK, thank you. We have a motion and a second on PH.1. Any further discussion? If not, all in favor, "aye." City of Miami Page 29 Printed on 4/26/2006 City Commission Meeting Minutes The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. PH.2. Ms. Conway: PH.2 is -- Jorge L. Fernandez (City Attorney): Mr. -- Ms. Conway: -- a resolution -- Vice Chairman Winton: I'm sorry? Ms. Conway: -- to -- Mr. Fernandez: Excuse me. Public hearings require public input -- Vice Chairman Winton: Oh. Mr. Fernandez: -- and it's a four -fifths vote, Clerk call -- Vice Chairman Winton: Yeah, minor detail. messed it all up? Commissioner Sanchez: Well, you haven't been the Chair -- Mr. Fernandez: You go too fast. Commissioner Sanchez: -- in a long time. Vice Chairman Winton: It's been a long time since I've been Chair. Mr. Fernandez: You go too fast. Vice Chairman Winton: -- this stuff. Commissioner Sanchez: It's a four fifth vote. Vice Chairman Winton: And it's a public hearing -- Mr. Fernandez: Yes. April 6, 2006 and typically, on four -fifth, you always have the You know what, why didn't you remind me before I I'm rusty on -- Vice Chairman Winton: -- so let's start this over. PH.1, you've given your presentation. PH.1 is a public hearing. Anyone from the public like to comment on PH.1? Public hearing is open; public hearing is closed. Madam City Clerk would you call the roll, please? Priscilla A. Thompson (City Clerk): This is a four -fifth resolution, which we don't normally call the roll on. Vice Chairman Winton: I didn't think we did either. Mr. Fernandez: Oh. Vice Chairman Winton: I don't remember calling the roll. City of Miami Page 30 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 PH.2 06-00462 Department of Capital Improvement Programs/Transpor tation Ms. Thompson: Thank you. Vice Chairman Winton: I thought I -- but I thought I was really rusty, so all -- well, you know, since we started, why don't we call the roll on this one. We won't call the roll on the next one, but -- Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The resolution has been passed, 4/0. Vice Chairman Winton: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 05-0154, ADOPTED MARCH 10, 2005, THAT AWARDED A PROJECT ADMINISTRATION AGREEMENT TO HAMMES COMPANY SPORTS DEVELOPMENT, INC., TO PROVIDE PROGRAM, PROJECT AND CONSTRUCTION MANAGEMENT SERVICES FOR THE ORANGE BOWL REDEVELOPMENT PROJECT. 06-00462 Summary Form.pdf DEFERRED A motion was made by Comissioner Sanchez to rescind Resolution 05-0154 that awarded a project administration agreement to Hammes Company Sports Development, Inc. to provide program, project and construction management services for the Orange Bowl Redevelopment Project, but said motion died for lack of a second. A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, with Chairman Gonzalez absent, and was passed unanimously, to defer Item PH.2 to the Commission meeting currently scheduled for April 27, 2006. A direction was made to the Administration and the City Attorney by Commissioner Sanchez to meet with each Commissioner individually to discuss the legislation and issues relative to Item PH.2. Vice Chairman Winton: PH.2, and the PH stands for public hearing. I should have caught on to that right away, but you know, sometimes I'm slow. Mary Conway (Director, Capital Improvements Program & Transportation): PH.2 is a resolution to rescind previous resolution 05-0154 that had awarded a project administration contract to Hammes Company Sports Development, Inc. to provide program management services for the Orange Bowl Redevelopment Project. Commissioner Sanchez: Public hearing. Vice Chairman Winton: It's a public hearing. Anyone from the public like to comment on PH.2? Anyone from the public on PH.2? If not, we'll close the public hearing. Need a motion. Commissioner Sanchez: So move. Vice Chairman Winton: Need a second. No second? So the motion dies -- City of Miami Page 31 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Commissioner Sanchez: Dies. Vice Chairman Winton: --from a lack of second. Jorge L. Fernandez (City Attorney): Well, maybe before -- Vice Chairman Winton: So what do we do? Mr. Fernandez: If I may, Mr. Chairman. This item is the rescission of a contract -- Vice Chairman Winton: Right. Mr. Fernandez: -- that the City, improvidently, entered into. This is the subject of litigation. The Hammes Corporation has sued the City because they're claiming an entitlement to this contract, which, in our position, they don't have. They, in essence, misled the City by leading us to believe that the City was entering into a contract, and when the City Commission voted, you voted on a contract with Hammes Wisconsin, the parent company. By the time we got around to them signing the agreement that you had approved, they had created a limited liability corporation in Florida, transferring all of their potential liabilities to a Florida corporation, rather than to the parent corporation in Wisconsin, as you had believed you were approving when the item came in front of you. For you not to approve the rescission of this contract puts you in a real predicament in the lawsuit because then you are leading both the court and the party to believe that, in fact, you want that contract that was -- on which you were misled -- you want that contract to be enforced, in effect, so therefore, my strong recommendation to you, in order to safeguard the City's legal position in this litigation, is for you to rescind this item so that we can not only position ourselves appropriately in the litigation, but so that we can also then proceed with the project as the Administration is planning to do on April 27. Vice Chairman Winton: And I suspect that when they created the Florida LLC (limited liability corporation), there were no assets in that LLC. Mr. Fernandez: Clearly, the intent, in our opinion, was to transfer all of their potential liabilities to a company that didn't have the wherewithal. It was a newly created company. It was -- you know, and that we -- we believe that to have been a subterfuge. We believe that to have been unfair dealing with the City, and on that basis, we did cancel. We did not honor and proceed with a contract because we believe that this Commission was misled, as well as the Administration, which has given rise to a lawsuit on their part trying to enforce the contract, so this Commission, in my opinion, should rescind the contract, and that is what this motion would do. Vice Chairman Winton: I would suggest that we put this item on the next Commission agenda meeting, unless there is a time sensitive issue, and that, Mr. City Attorney, you see to it that you get around and visit with each Commissioner and answer any and all further questions that they may have so that when the vote comes back next time, everyone understands what the vote was because I can tell you 1 didn't understand that detail; would have been nicer if it was put on in advance of our vote, not post vote, so -- Commissioner Spence -Jones: Can -- Vice Chairman Winton: Yes. Commissioner Spence -Jones: Mr. Chairman, I just have a question for Mary. When we originally went into -- established this agreement with them, did we ever put this out to bid the first time around when we got Hammes or Hammes? City of Miami Page 32 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Ms. Conway: The item that you -- Commissioner Spence -Jones: Hammones (phonetic). Ms. Conway: -- were rescinding was done via an emergency procurement, so the answer is no. Commissioner Spence -Jones: So, they didn't -- OK. Commissioner Regalado: Mr. Chairman. Vice Chairman Winton: Yes, sir. Commissioner Regalado: The contract was signed June of 205 [sic], right? It was approved on June 205 [sic] as an emergency. Mr. Fernandez: 1 believe so. May 9. Commissioner Regalado: May -- Mr. Fernandez: May 9. Commissioner Regalado: -- 9 of 205 [sic] -- Mr. Fernandez: Correct. Commissioner Regalado: -- and we waited almost a year to rescind the contract? Mr. Fernandez: Well, the actual rescission of the contract, the timeliness of it is not all that critical because the litigation is barely just getting started. We're still -- Vice Chairman Winton: No. Mr. Fernandez: -- in the pleading stages. Vice Chairman Winton: Excuse me. I think what he's suggesting is that it took us that long to figure out there was a problem, and I'm going to suggest that the real answer that you need to be giving him is when you dis -- the point at which you discovered that the entity that we were contracting with was a Florida LLC, not this Wisconsin -based corporation that had assets, but a Florida limited liability corporation that had no assets. When did we discover that? Mr. Fernandez: Immediately, and so in June, the City -- the Administration officially put them on notice that there was no intent on the part of the City to proceed because of their misrepresentation, and the contract was officially terminated. Rescission by this Commission is critically important because it puts us in a position in the litigation where we need to be, but in essence — Commissioner Regalado: That was my question -- Mr. Fernandez: OK. Commissioner Regalado: -- and if the decision by this Commission is important -- Mr. Fernandez: Yes. City of Miami Page 33 Printed on 4/26/1006 City Commission Meeting Minutes April 6, 2006 Commissioner Regalado: -- why we had to wait almost a year to come back? This is fire fee, the sequel, you know what I mean? And I am really, really concerned for two things. Number one, we trust the judgment of the Administration when they say we need this company because it's the best, and we're not going to do any public bidding, and then all of a sudden, we're too nice; we were fooled. How do they say that? Fool me once and -- Vice Chairman Winton: George Bush got into that one. You better be careful. Commissioner Regalado: Yeah, right. Fool me twice -- so, you know, I'm just saying the reason why I did not second this is because we need some kind of shock therapy for the Administration. You know, if you say to them in June, look, we're not going to do it, the Commission should have done this in July. That's what I'm saying. Vice Chairman Winton: So, we have two choices: either we get a motion to rehear today or we defer -- Commissioner Sanchez: No. Vice Chairman Winton: -- this to August -- I mean, to -- Commissioner Sanchez: Mr. Chair -- Vice Chairman Winton: -- April whatever. Commissioner Sanchez: -- I have been briefed by the Legal Department. I have gone through the document. It is in my district, and based on the recommendation of the attorney, as he stated on the record, 1 think it's in the best interest of the City that we go forward with this legislation. I've made the motion today. I'm prepared to make it next week I'm prepared to make it next month, but you know, I'm one of five, and that's -- Vice Chairman Winton: Well, 1 think it's up -- Commissioner Sanchez: -- the beauty of this government. Vice Chairman Winton: -- to the Commission. Do y'all want to meet individually with the City Attorney, and we bring this back at the next meeting? Commissioner Spence -Jones: I would be fine with meeting with the City Attorney. I mean, you know you and I went over and over -- Vice Chairman Winton: So that's what -- Commissioner Spence -Jones: -- and over -- Vice Chairman Winton: -- I think that's the best course -- Commissioner Sanchez: Well -- Vice Chairman Winton: -- of action, is to bring this item back. Commissioner Sanchez: -- the best action to take here, and I will take it, it's motion to defer the item. Mr. Fernandez.: Right. City of Miami Page 34 Printed on 4/16/2006 City Commission Meeting Minutes April 6, 2006 PH.3 06-00459 Department of Capital Improvement Programs/Transpor tation Commissioner Sanchez: Mr. Attorney -- Mr. Fernandez: Right. Commissioner Sanchez: -- Administration, sit down with my four colleagues, explain to them the legislation, and the issues in the findings, and then bring it at the next Commission meeting for a vote. If it's thumbs up or thumbs down, it's perfectly fine, but bring it back. Vice Chairman Winton: So we have a motion. Need a second. Commissioner Spence -Jones: Second. Vice Chairman Winton: Discussion. If not, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. Commissioner Sanchez: And therefore, we need to take the same action on the next item, to defer it. Vice Chairman Winton: It's already -- Commissioner Spence -Jones: It's already deferred. Vice Chairman Winton: -- deferred. Mr. Fernandez.' The Administration has deferred that. Commissioner Sanchez: OK. Vice Chairman Winton: That was deferred up front. 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 EMERGENCY FINDINGS, THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-86 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; APPROVING THE USE OF COMPETITIVE NEGOTIATIONS, FOR THE PURPOSES OF NEGOTIATING AN AGREEMENT FOR PROGRAM MANAGEMENT SERVICES, FOR THE "ORANGE BOWL RENOVATION PROJECT, B-30153;" AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH JONES LANG LASALLE AMERICAS, INC., IN AN AMOUNT NOT TO EXCEED $6,500,000, FOR SAID PURPOSE; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $3,000,000, FOR FISCAL YEAR 2005-2006, FROM CAPITAL IMPROVEMENT PROJECT ('CIP") NO. B-30153, AND AN AMOUNT NOT TO EXCEED $3,500,000, FOR FISCAL YEAR 2006-2007, FROM CIP NO. B-30153 AND/OR THE GENERAL OPERATING BUDGET. City of Miami Page 35 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 06-00459 Exhibit 1.pdf 06-00459 Exhibit 2.pdf 06-00459 Exhibit 3.pdf 06-00459 Exhibit 4.pdf 06-00459 Exhibit 5.pdf 06-00459 Exhibit 6.pdf 06-00459 Exhibit 7.pdf 06-00459 Exhibit 8.pdf 06-00459 Exhibit 9.pdf 06-00459 Summary Form.pdf 06-00459 Public Hearing Memo.pdf 06-00459 Public Hearing Ad.pdf DEFERRED Note for the Record: City Attorney Jorge L. Fernandez read a statement indicating PH 3 was being deferred until April 27, 2006. PH.4 06-00457 RESOLUTION Department of Public Facilities "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBMERGED LANDS EASEMENT AGREEMENT ("EASEMENT AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH BISCAYNE BAY YACHT CLUB, A NON-PROFIT CORPORATION ("GRANTEE"), TO PROVIDE FOR GRANTEE'S USE OF APPROXIMATELY 3.085 ACRES OF CITY -OWNED SUBMERGED LAND LOCATED WATERWARD OF 2540 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA ("GRANTEE'S PROPERTY"), FOR MARINA PURPOSES; PROVIDING FOR PAYMENT BY GRANTEE IN THE AMOUNT OF $880,000, IN CONSIDERATION FOR THE EASEMENT, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE EASEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH GRANTEE FOR THE CITY'S PURCHASE OF A 22 FOOT STRIP (APPROXIMATELY 6,014 SQUARE FEET) OF GRANTEE'S PROPERTY FRONTING ON SOUTH BAYSHORE DRIVE FOR THE AMOUNT OF $396,760, WHICH AMOUNT SHALL BE PAID FROM THE PROCEEDS OF SAID EASEMENT; PROVIDING FOR THE NET AMOUNT OF CONSIDERATION TO BE RECEIVED BY THE CITY TO BE RESERVED FOR EXPENDITURES ASSOCIATED WITH THE IMPLEMENTATION OF THE COCONUT GROVE WATERFRONT MASTER PLAN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS IN CONNECTION WITH THE PURCHASE AND SALE AGREEMENT. City of Miami Page 36 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 06-00457 Legislation.pdf 06-00457 Exhibit 1 .pdf 06-00457 Exhibit 2.pdf 06-00457 Exhibit 3.pdf 06-00457 Exhibit 4.pdf 06-00457 Exhibit 5.pdf 06-00457 Exhibit 6.pdf 06-00457 Exhibit 7.pdf 06-00457 Exhibit 8.pdf 06-00457 Exhibit 9.pdf 06-00457 Exhibit 10.pdf 06-00457 Exhibit 11.pdf 06-00457 Exhibit 12.pdf 06-00457 Exhibit 13.pdf 06-00457 Summary Form.pdf 06-00457 Public Hearing Memo.pdf 06-00457 Public Hearing Ad.pdf 2006-4-6 City Commission Presentation re Easements.ppt Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0217 Vice Chairman Winton: RE.4 -- I mean, PH.4. Commissioner Sanchez: RE.4? Vice Chairman Winton: This is execute a submerged land easement agreement -- Commissioner Spence -Jones: RE (resolution) -- Commissioner Sanchez: P -- Vice Chairman Winton: -- Biscayne Bay Yacht Club. Commissioner Spence -Jones: PH.4. Commissioner Sanchez: No, PH.4, not RE.4. Vice Chairman Winton: What'd I say? No, I said PH.4. 1 corrected myself. I said RE first, and then I said PH.4. Commissioner Sanchez: All right. Laura Billberry: Hi. Lori Billberry, director of Public Facilities. PH.4, the item before you is a resolution requesting authorization to enter into an easement and a purchase and sale agreement with the Biscayne Bay Yacht Club. The Biscayne Bay Yacht Club previously leased this submerged land from the City, which lease expired in 1996, and they've remained on the site as a tenant at will pursuant to the terms and conditions of that lease. Pursuant to the Butler Act, the Biscayne Bay Yacht Club had filed a disclaimer application with the State of Florida to request ownership of those lands pursuant to such act. However, the State declined to issue that disclaimer because they had deeded the land -- the submerged lands to the City in 1949. For City of Miami Page 37 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 your information, the Butler Act was a law that allowed people to try and claim ownership to certain submerged lands if they had made improvements to the submerged lands prior to June of 1957, and in fact, the club had done some improvements on these lands prior to that date on a portion of them. The latest lease actually covered only about 1.2 acres of the property, which is reflected on orange on the board below me, and this was evidently in some recognition by previous City administrations regarding certain rights the club may have to a portion of the submerged lands. The easement will resolve these issues with the club by allowing them to utilize the entire 3.085 acres of submerged lands for marina purposes, which will be limited to their members, invited guests, and law enforcement. They'll pay $880, 000 for this privilege, and this is based on the highest of two appraisals procured by the City for the fee simple ownership of the submerged lands, which is actually a greater interest than an easement interest. The easement will run in perpetuity subject to certain conditions, such as the property not being conveyed to a third party without the City's consent. They must remain being a nonprofit, and they cannot assign the agreement. The club will be responsible for all costs of construction and operating for the marina, and shall pay any taxes that may be assessed on the submerged lands. The club has also proposed certain public purpose items, including they will clean up an item -- an island, excuse me, located easterly of their site during the months of November and January. Vice Chairman Winton: Each year? Ms. Billberry: Each year. They will additionally continue to sponsor or conduct, either individually or in concert with other organizations, at least three sailing races or regattas, which will attract participants from other states and countries. They will also conduct programs to promote a better understanding of sailing and the responsible use of boats and marine resources. They'll provide the Florida Marine patrol or other law enforcement agency the use of at least one 32-foot slip, and they'll contribute one-half the cost to replace the navigation marker at the beginning of the seaplane channel. This easement is subject to State approval, as the property was deeded to the City with a public purpose deed restriction, and should the State require the payment of any fee or other consideration for their approval, the City and the club agree to negotiate a mutually agreeable acceptable payment of the fees. In the event the State approval is not obtained within 18 months from the execution of the easement agreement, it will be null and void. The second part of this resolution is for the City to procure a 22-foot strip from the club along Bayshore Drive, and this is for the purpose of providing a pedestrian connection between Kennedy Park and the Dinner Key area. As a condition precedent to the club's obligation to convey this property is the grant of the easement. The purchase price the City will pay is 396, 760, which is the highest of two appraisals procured by the City, and this amount will be deducted from the amounts owed by the club from -- to the City for the easement, for a net due of approximately $483, 000. The title to the Bayshore Drive strip will include an easement restriction in favor of the club for access and for utilities -- underground utilities. The reason an easement was used is that the Charter does not provide a mechanism for us to negotiate a lease directly with the club without first going through a competitive process. Practically speaking, in this instance, we would have only one possible bidder. Therefore, a referendum would be required. This is not, in our opinion, a reasonable solution not just because of a cost, but we would not be able to put the entire three acres out to bid as the club does have certain riparian rights that we would not be able to intrude upon. Therefore, this is a better way of trying to resolve a problem and maximizing the return to the City and the maximum use of the property. Just for your information, there is an exemption in 29(d) of the Charter where we have offered leases to other clubs, such as the Miami Opera Club and Miami Yacht Club. However, that exemption does not apply here because that is for waterfront property with a submerged land component. There is case law to differentiate between what waterfront property is and what submerged land is, and they are not treated the same. The Waterfront Board did recommend approval of the item. However, they did request that the monies received from this transaction be set aside for the implementation of the Dinner Key master plan, and I believe we have Mr. Chuck Kline from the Biscayne Bay Yacht Club that would like to address the Commission. City of Miami Page 38 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Chuck Kline: Thank you very much, Lori. Members of the Commission, I'll try to make my remarks brief. I'm Chuck Kline with the Biscayne Bay Yacht Club -- Priscilla A. Thompson (City Clerk): I'm sorry. Mr. Kline -- Mr. Kline: -- and the Coral Reef Yacht Club, 2540 South Bayshore Drive is the address of the yacht club, and my home address is 8421 Ponce Road. Before 1 begin, I know there are many people -- I've seen them in the audience -- who are supporters of these organizations and this particular -- these transactions, and I would like them, just for a moment, to stand up, please. Thank you very much. Vice Chairman Winton: That's the room. Mr. Kline: They will not introduce themselves. Commissioner Spence -Jones.' That's the whole building. Commissioner Sanchez: Chuck -- Commissioner Regalado: Do you have any more members? Commissioner Sanchez: -- I think you just -- Chuck, you need to be brief Mr. Kline: It sounds like I could be. The transaction, I know, has been explained well by your staffs, and I just want to hit the high points of it that I think are important, why it's good for both the City and for the public. First of all, it's consistent with and implements the Dinner Key master plan that's been in place for 25 years. They've shown these two clubs with these exact docks in this exact area that's going to be covered by these easements. Also, it's consistent with and finally allows the City to acquire the last piece of land that it needs to build out the public walk to connect the parks. Every year that goes by, it gets more valuable, and the cash available is just not there to do it. Finally, you get it in this transaction. It gives you an additional — well, I should say it this way. It accelerates the City's income from these -- this piece of submerged land. Rather than getting $5, 000 a year in a lease, you're getting what amounts to $1.5 million, and then you purchase the strip of land, and you have 1.1 million left over to complete this walkway, which I think is -- it will be able to make it a reality after 25 years. Obviously, it gives both organizations the sense of permanency or site control that they need to make the investment that's necessary to build docks to today's standards with today's permits requirements and so forth. Between the two clubs, they'll spend over $5 million on the docks here, and they're very, very important. The easement I'd like to speak to for a second, as opposed to the lease. This is the least intrusive interest in land that the City could convey, and it allows the City to retain title to the property, and it requires us to occupy it only on a nonexclusive basis. In other words, it's not like a lease where you have the exclusive right of possession. People can come into the area. They can fish; they can anchor. They can boat their kayaks in there, so it's the least intrusive means. The Supreme Court of Florida has said that that is the proper way to grant submerged land rights for docks is on the easement. The clubs and their docks have been included in the Dinner Key master plan for over 25 years, that I'm aware of in exactly the configuration -- or almost exactly the configuration they are today, and I think the reason is because the City has recognized that these two organizations fulfill a very important public purpose. They promote the sport of sailing. They conduct over 100 days racing between and among them, and I want to elaborate on that just so that you understand how significant that it really is. The Jaguar Cup of the Etchells attracts 200 sailors from -- in the last race, nine different countries, many different states. The Olympic Classes Regatta brings 160 sailors from around the world, and they stay in town for over a month. They bring their families; they bring their boats. The Star North Americans is a similar, slightly smaller regatta. The Bacardi Cup is a huge regatta for stars. The Orange Bowl Regatta, you are all familiar with. It's a showcase event for the City of Miami City of Miami Page 39 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 for youth sailing. There are 720 sailors that participated last year, and many of them come from other states and seven countries participated. Then there are dozens of other races that are done in conjunction with the BBYRA (Biscayne Bay Yacht Racing Association), the Opti Series, the Lime Cup, et cetera. These attract thousands of participants. They contribute millions to our local economy. We are able to conduct youth sailing programs, and it's an extraordinarily important thing for the City. The Coral Reef Yacht Club representatives are going to speak about that in greater detail. It's really a very important public purpose that we fulfill, and of course, we conduct programs to educate people and encourage them in a responsible use of the water. I will add, this easement expires automatically if the club stops doing these things; either one of these organizations stop doing them or try to sell the property or anything. I will adcL the City really doesn't have a better public purpose for this property. This really puts the property to work and gets a nice amount of money to the City to make the Dinner Key master plan work. Lori touched on the fact that there are a number of legal arguments where the clubs actually have vested rights in a significant part of the area where their docks already area. For that reason, for the last 25 years, the Biscayne Bay Yacht Club has only leased the outer one-third of its dock area from the City, so finally, 1 would just hit the high points of what's in the easement. Number one, it gives the City full value for the land, the submerged land, as if we were buying it and getting the title to it, but all we get is an easement that you get back if we stop doing our public purposes. It requires each club to provide a free slip for law enforcement, which has a significant value, and it puts them in a place where they're convenient to where the boating activity is. It requires each club to periodically clean up the spoil island immediately to the east. It requires each of us to continue to sponsor the sailing programs that we have so vigorously sponsored, and which is really why we exist, and it requires each of us to share the cost of providing a lighted marker at the entrance to what was the old Coast Guard seaplane channel, and finally, we expect fully that since the walkway will be built directly in front of the two clubs, that we will be invited to participate in the design of that, and we expect to be able to and will maintain it because we're right there, so those are my comments. I'd like to yield to others who can give you more detail. Thank you. Commissioner Sanchez: Hey, Chuck are they paying you by the hour? Because you had me since "good morning," so you could have saved all that. Mr. Kline: Thank you, Commissioner. Commissioner Sanchez: All right. Vice Chairman Winton: Anyone else -- Commissioner Sanchez: Let's -- Vice Chairman Winton: -- on your -- in your group, Chuck? Charles Baumberger: I'm not sure how -- Vice Chairman Winton: Need your name and address for the record, too, please. Mr. Baumberger: My name is Charles Baumberger. My business address is 44 West Flagler Street. My representation is on behalf of the Coral Reef Yacht Club, and I do not know how the Commission would like us to proceed. There is a lot of similarities between the two. I will not repeat what Chuck Kline had to say. Do you want me to save the remarks for Coral Reef for later or take it all up right now? Commissioner Sanchez: Thank you is enough. Vice Chairman Winton: Yeah. 1-- City of Miami Page 40 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Commissioner Sanchez: I think a "thank you" is enough. Vice Chairman Winton: Well, but -- Mr. Baumberger: OK. Vice Chairman Winton: -- you probably have some distinct differences that you want to put on the record, and that may be important. Mr. Baumberger: Correct. I'd like to ask Mark Kamilar from the Coral Reef to come up. The business terms are essentially the same for -- Vice Chairman Winton: Let me -- I think that what we probably ought to do is take this item up - Commissioner Sanchez: Yeah. Vice Chairman Winton: -- and finish PH. 4, and then we'll come to Coral Reef as the next item -- Commissioner Sanchez: Yeah. Vice Chairman Winton: -- so that we don't -- Mr. Baumberger: Fine. Vice Chairman Winton: -- get them mixed up -- Mr. Baumberger: Then, obviously, we -- Vice Chairman Winton: -- because you will have some differences. Mr. Baumberger: -- are in support of the easement for Biscayne Bay -- Vice Chairman Winton: Great. Mr. Baumberger: -- and then I'll come back -- Vice Chairman Winton: This is a -- this item is a public hearing. Anyone from the public like to comment on PH.4? Phillip Everingham: Phil Everingham, chair of the Miami -- City of Miami Waterfront Advisory Board. Just for the record, the Waterfront Advisory Board heard this item at their last two meetings actually, and there were a number of questions, a lot of discussion, but ultimately, the opinion and vote of the Waterfront Board was that this was in the best interest of both the City and the Biscayne Bay Yacht Club, and boaters of that club, and they voted to recommend to this Commission to approve this particular item very overwhelmingly. I think there was one dissenting vote, so we do recommend it to you. Michelle Neimeyer: Good morning. Vice Chairman Winton: Good morning. Ms. Neimeyer: My name's Michelle Neimeyer, and I live at 3053 Day Avenue, Coconut Grove. Apologize. I need -- I've got a new laptop, which has a different kind of connection here. I'm City of Miami Page 41 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 sorry. I think there's a button that needs to be pushed here, and I'm not finding it. Don't see it coming up. OK. Let me go ahead and I'll just talk to you without the PowerPoint presentation. Vice Chairman Winton: Here's somebody -- Michelle, here's somebody. Ms. Neimeyer: Oh, excellent. Thank you. Perfect. Thank you. Thanks a lot. I'm a resident of Coconut Grove, a boat owner, and a lifetime boater, and the first thing 1 want to say, and I -- you know, we have a roomful of people here in support of this who are also boaters, and I'd like to say to all of them that the position of the Coconut Grove Waterfront Working Committee does not have anything to do with anyone having anything against boaters, boating, or anything to do with boating. We're all in favor of it, and we want to see a lot of successful boating endeavors in Coconut Grove. That being said, we do have concerns about this proposal and PH.5, which will follow. I'd like to ask first -- I can present twice, or I can present once and be considered on both items. Vice Chairman Winton: OK Ms. Neimeyer: The things I'm going to say are really duplicative. They relate to both. As you know right now, we have waterfront master plan going on, and that waterfront master plan contains a scope of work which involves the lands between Peacock Park and Kennedy Park It's supposed to be considering the use -- the long- and short-term uses of all of those lands, all the lands that are owned by the City, including the leasehold interest, which are long-term leases, and as you've been told, the Biscayne Bay Yacht Club property and the Coral Reef Yacht Club property both have now expired leases, which deal with the bottomland where they have their docks. They own the upland; they own the ground that they sit on, but they don't own the bottom. The bay bottom was conveyed by the State of Florida to the City of Miami to be used for public purposes, and there's a reverter clause in that deed, which says that if it's not used for public purposes, it will revert -- the ownership will revert to the State of Florida. In taking this step, it's possible the City of Miami will cause the reversion of that property back to the State of Florida. 1 don't know if you've been advised of that, but that very well could happen. The other piece of this that's important is, obviously, we want to look at the long- and short-term possibilities, and one of the most important and biggest issues that's been raised throughout the waterfront master planning process and consistently in the state of my -- or in the City of Miami with the other master planning processes is the need for a continuous bay walk throughout both Coconut Grove, downtown Miami as much as we can along our waterfront. That will enhance the, in a lot of ways, waterfront of Coconut Grove. Right now, we have a master plan going on with a schedule that I'm showing you here. We've finished with the public input as far as gathering information part goes. The next steps will be design alternatives and moving forward with some more public input until we can get to a final plan. The goal is to have a final plan by next fall, so it's not going to be taking that much longer. It's something that -- for some reason, the yacht clubs have been willing to be on leases, and I believe it has something to do with the hurricanes and being able to get repairs done, but you know, the bottom line is the lease is expired, and it went on that way for a long time, and now, finally, we're getting around to looking at that and deciding what to do about it. We need to be thoughtful in deciding what to do about it. The Sasaki waterfront master plan and -- this was lied from the public web site, which is now up, which shows the summary, if anybody's interested in what's been going on. The waterfront master plan is considering a lot of issues, including, as I said, pedestrian circulation, and if you'll look at this map that I'm showing you, this shows where the Biscayne Bay and Coral Reef Yacht clubs are. The US Sailing Center is next to them, and then we have Kennedy Park. Right now we have access for the bay walk ending at Biscayne Yacht Club, at Monty's. As proposed, it would then have to cut inland all the way to South Bayshore Drive, and then run along the edge of South Bayshore Drive for a time before it then goes out again to the water at Kennedy Park It's a real intrusion, and granted this is publicly -owned land, but it's a real intrusion to the possibility that we have of a bay walk Now, if you'll look at the photograph that's marked "no sidewalk connection along South Bayshore Drive," you'll see property in front City of Miami Page 42 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 of -- and I'm not sure which of these yacht clubs that is, but there's basically -- right now, there's no sidewalk. There's some grass and there's a hedge, and one of the yacht clubs doesn't even have that. Now, I understand it's possible that one or both of the yacht clubs' property actually encroaches into publicly -owned lands. It may be that when you're buying 20 feet of property from Biscayne Bay Yacht Club, you're buying property that's owned by the County. That's possible. It ought to be looked at. Is the valuation fair? Now, we've heard a lot about the rents. There's a value -- right now, the rents that are paid by Biscayne Bay Yacht Club are $5, 069 for - - yeah, $5, 069, and this is wrong. It's not per acre. It's $5, 069 for 3.085 acres of bottomland. That's not a month. That's per year. To give you a comparison, now Coral Reef Yacht Club is paying a little more. They're paying 26,938 per year. A resident of the City of Miami, who gets a 30 percent discount on dock fees at Dinner Key Marina, with the smallest slip in Dinner Key Marina, pays $4,308 a year to use a dock at Dinner Key Marina. That's the kind of value we're talking about. Rickenbacker Causeway Marina, another city -owned property which rents slips out to the public, charges people $18 per foot per month. A hundred slips at that rate would rent for $54, 000 a month, and we're leasing this land for the numbers that you see here. It seems the valuation of the property may not have been considered using accurate rates for what the value of bottomland is in the City of Miami. There's also a concern having to do with the language of the easement itself. Looking to the easement, you were told that there was an -- a reverter clause, essentially; that if this property wasn't used by the yacht clubs for their purposes, that it would revert to the City of Miami, the easement would revert, and that's true, in part. Having read this, I would be very, very concerned about the following possibility. Under the language that's been presented, the grantee, the yacht clubs who are named in these easement agreements, is obligated to continue to use the property as a yacht club for the purposes they use, and I don't think there's anybody here who has a problem with them doing that on that property. This isn't a conveyance of a small part of the ownership of the bottomlands. The only use for the bottomlands is putting docks on them. Let's be realistic here, so technically and arguably, it also may be a violation of the obligation to have a referendum when there's a sale or a lease of waterfront land, because in reality, this is a sale of waterfront land It's a sale of the land that could be used for a marina or for some sort of profitable endeavor. Now, if either of these yacht clubs were to sell their upland property to a condo developer, for instance, that condo and the City were to agree to that -- now, the City Commission would -- presumably, would have to agree to that sale of property, but this does allow, under Subsection B of that clause, that the grantee could convey any interest in the dominant estate with the City's prior written consent, and if it did so, then the easement would no longer be waived if that new owner were to decide to have a for profit marina -- for instance, in that location, or were to decide to just build a giant condo tower and put marina spaces in there or condo marina spaces in there for its tenants or owners, so it doesn't completely protect City the way that it was represented, and I think that you all need to understand that before you make decisions about these leases. In summary, it's important for us to think about the long-term use of this property, the long-term potential revenue generation of this property. We heard a lot at the last meeting with the planning team about the possibil -- about the income -generating possibilities of various possibility -- the various possible endeavors along the waterfront. Most people here do not want to see our waterfront turn into something commercial. I think most of us would consider that tacky. We want nice green space, and we want that green space to be beneficial to the public. We also want to see that the land that's owned by the public -- and this could be another revisit of the fire fee -- we want to see that the land owned by the public is used to benefit the public, and as an income -generating source as a long-term lease at a market rate, this property would be giving the public a benefit, but if it's sold at a less -than -market rate to public -- or to private organizations, there's no public benefit there, and that's something to be thought about. It certainly is a questionable transfer in my mind, and it's a transfer that violates a lot of the issues related to the ownership of public lands. We ask -- the Coconut Grove Waterfront Working Committee respectfully requests that you refrain from making decisions. We're not asking you to kill this idea right away. We'd like for you to refrain from making decisions until the master planning process is completed; give the economist, who's part of that master planning process, the opportunity to look at the real value of these properties, and consider whether the long-term City of Miami Page 43 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 disposition of this property in the manner you're suggesting here is the best use of the property in the long-term for Coconut Grove and for the City of Miami. Thank you. Vice Chairman Winton: Thank you. Where'd -- Mr. City Attorney, I think you need to address the legal issues first, would you please? Olga Ramirez -Sews (Assistant City Attorney): OK. Vice Chairman Winton: OK. Ms. Ramirez-Seijas: Olga Ramirez -Sews, assistant city attorney. With respect to the use of the property -- Vice Chairman Winton: Olga, bring the microphone closer, please. Commissioner Spence -Jones: You got to come closer. Ms. Ramirez -Sews: OK. With respect to the State approval, this -- Vice Chairman Winton: I can't hear you. Ms. Ramirez -Sews: -- easement -- Vice Chairman Winton: You've got to do something. Ms. Ramirez -Sews: -- is contingent upon the State approving the conveyance or the granting of the easement rights, so therefore, there would be no reverter if the State approves it, and the grantee continues to use the property for public use, which is the purpose of this easement, and it is required under it, so I really don't understand the concept of the reverter being violated because this is subject to the State approving the easement. Vice Chairman Winton: Well, that was one issue. How 'bout the issue of whether or not they can sell the upland and build condos on it, and -- Ms. Ramirez -Sews: Well -- Vice Chairman Winton: -- then utilize the slips as commercial slips? Obviously, that would have great value. Ms. Billberry: If I may, Lori Billberry. With respect to that, it is correct that it is in the document that, with City approval, they could assign it. Obviously, we can condition that approval, whether that be -- we might have to even go back to the State. If it adds some comfort, we could say, very specifically, that the consent can be withheld or conditioned in the City sole discretion so that it adds some comfort to that. Vice Chairman Winton: And 1 think that what you ought to add also is that whatever the entity -- the controlling entity is has to be a not -for -profit entity; it cannot be a for profit entity, and that takes away the whole -- that then wipes out this whole concept that somebody's going to build -- come build condos there. Ms. Ramirez-Seijas: I think that is included in the document. Commissioner Sanchez: It is included? Ms. Ramirez -Sews: I -- City of Miami Page 44 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Vice Chairman Winton: Well, I -- Ms. Ramirez -Sews: -- think it is. Vice Chairman Winton: -- thought I heard that earlier, but I wasn't sure. Ms. Ramirez -Sews: I think it is. Commissioner Sanchez: I mean -- Vice Chairman Winton: Would you double check? Because -- Ms. Ramirez -Sews: Yes, it is -- Vice Chairman Winton: -- I think it does need to be there. Ms. Ramirez -Sews: -- `fails to maintain a non-profit status." That is under the termination clause under the term. Vice Chairman Winton: OK. There was also a question about whether or not the land that the City is buying that's on Bayshore Drive may be County land. I'm assuming somebody looked at a survey. Ms. Billberry: Yes. We did pull the right-of-way maps, and we do have sufficient land in front of the Coral Reef Yacht Club to do the pedestrian walkways. We did not have sufficient land in front of Biscayne Bay Yacht Club, which is why we're proposing to buy 22 feet so it would bring those lines the same, in front of both clubs. Vice Chairman Winton: Biscayne Bay Yacht Club's the one that has the hedge out front and that's where you have the least amount, and so we're going -- their hedge is going to come down and we're going to buy into their frontage so that you could in fact, create a significant -- Ms. Billberry: That is correct. Vice Chairman Winton: -- bay walk there. Ms. Billberry: The other issue she brought up was regarding the appraisals, and just for the Commission's information, the appraisals did look at an income approach on the marinas. However, the City is not the one making the investment on the actual docks, so the income approach is basically looking at a land residual value, so they estimated the total income and then they subtracted the costs to construct those -- the marinas and came up with the net value on the submerged land. Commissioner Sanchez: And that's -- Linda Haskins (Deputy City Manager/Chief Financial Officer): Commissioner Winton, I think -- Vice Chairman Winton: Yes. Ms. Haskins: -- there was one other point -- Vice Chairman Winton: Uh-huh. Ms. Haskins: -- and that was, is there an alternative use for the City, and I think -- City of Miami Page 95 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Vice Chairman Winton: Oh, I was going to get to that, yeah. Ms. Haskins: -- that was the -- one of the primaries, and we did look at that very closely. As a matter of fact, because we do know the value of what both slips can bring to the City, that was the first thing that we looked at, and because of the citing of the clubs, repairing rights, the Butler Act issue that Lori mentioned, there is no feasible way for the City to hold and operate that submerged land as a marina. We would have no access to upland facilities, there are riparian rights to get access to the clubs, so it's really -- when it came down to it -- and we thought long and hard about this and we looked at it in many ways -- there real -- when we came down to it, if these are single -use facilities really, at this point, for these clubs because they have the upland facilities and because of the other issues. Vice Chairman Winton: When did -- when was the Biscayne Bay Yacht Club first formed or located there? Mr. Kline: Commissioner Winton, we were formed in -- Commissioner Sanchez: Fifty -- Mr. Kline: -- 1887. We had a number of different locations, until 1930, when that land was acquired by the club. Actually, I think, Commodore Matheson [sic] in -- years ago bought it for us, and we took title to it in 1930 or '31; completed the clubhouse in '33, and had the docks constructed about half of a way out by 1933, and then, as the years went on, we expanded it. Vice Chairman Winton: Thank you. Mr. Kline: I can address the questions that were raised, ifI may, Commissioner Winton? Vice Chairman Winton: Well, I think -- I mean, is there something -- Commissioner Sanchez: They have been answered. Vice Chairman Winton: -- new you need to add? Mr. Kline: No, no. I was just going to say that in paragraph 3 of the lease, it makes it -- rather the easement, it makes it very clear that the -- it expires the moment we lose our non-profit status. Vice Chairman Winton: I thought you said that. Commissioner Sanchez: Yeah. Mr. Kline: Yeah, yeah. Ms. Haskins: Yes. Mr. Kline: I can -- Vice Chairman Winton: Now -- Mr. Kline: Yeah. Vice Chairman Winton: I'm sorry. City of Miami Page 46 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Commissioner Regalado: Just a question and a comment to the City Attorney. When Linda and Lori several days ago explained to me that -- the first question that I ask was would this, in any way, trigger a public referendum. Their answer was, "Absolutely not, " because of the way that the deal was structured, and I think that that would be, for me, the most important question because it's about the people's land, so I just want to make sure, from Legal, that this, in any way, does not trigger any public referendum of -- because of the 29b in the Charter? And the other comment that I'd like really to make is I just realize that we have sort of two governments because these people from Sasaki said that yesterday they found out that there was this item in the City Commission. To me, this is really incredible because they should have known; they should have been -- Vice Chairman Winton: I don't -- is Mark Dawson from Sasaki? I think -- Commissioner Regalado: I don't know. Vice Chairman Winton: -- he's a -- I think he's one of -- I'm sorry? Unidentified Speaker: He's the project manager. Vice Chairman Winton: I'm sorry? Unidentified Speaker: He's the project manager. Vice Chairman Winton: He's the project manager of Sasaki? OK. Ms. Haskins: Excuse me, Commissioner. Vice Chairman Winton: I'm sorry. Ms. Haskins: Is that a letter that we got from Sasaki? Commissioner Regalado: It is -- Vice Chairman Winton: It just got handed out. Commissioner Regalado: It -- something was handed out from Sasaki, addressed to the Planning Department, said that they -- yesterday they learned that this item was coming to the City Commission. Ms. Haskins: And I think you know, that -- that's very interesting. What we will make sure that we do is make sure that Sasaki has a representative at all of our Waterfront Advisory Board meetings because I thought that was part of the plan with them. Commissioner Regalado: Well, that's what they -- Ms. Haskins: This is an item that -- Commissioner Regalado: -- get paid for. Ms. Haskins: This was an item that -- Vice Chairman Winton: Yeah. Ms. Haskins: -- was discussed at two Waterfront Advisory Board meetings, so if you could give me the benefit of that, 1'd really like to follow up to make sure that they are, because there are a City of Miami Page 47 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 number of issues that are discussed at length, with public input, above and beyond the formal Sasaki ones that I think it's very important that they attend those meetings. Commissioner Regalado: Because, to me, you know, Sasaki, they -- you know, they could make the best sushi in town, but they should have been aware that this was going on because -- Ms. Haskins: And 1 agree with you. Commissioner Regalado: -- they should have been -- Ms. Haskins: They should be at the -- Commissioner Regalado: -- attending the Waterfront Advisory Boards, you know. Ms. Haskins: Absolutely -- Vice Chairman Winton: Absolutely. Ms. Haskins: — and I will make sure --I'll check with Alicia Cuervo to make sure that, as part of the agreement, we are making sure that they attend. Vice Chairman Winton: Well, and even more than that, you know, they're in their planning process, and I just don't -- it kind of is beyond me how they didn't -- Ms. Ramirez -Seas: Commissioner -- Ms. Billberry: They were provided this information; I don't know how soon, but I know at least - - as of last week, they were aware of it. However, the use has not changed from their lease on this. Alicia Cuervo Schreiber (Chief of Operations): Alicia Cuervo Schreiber. About last week, myself and others from DERM (Department of Environmental Resource Management) and Sasaki, Mr. Dawson himself were doing a boat tour of the Spoil Islands, and I know we discussed this. Vice Chairman Winton: Yeah, but that was last week I mean, that's not six months ago or three months ago; it's last week, which is -- Ms. Cuervo Schreiber: No, but I know that -- Vice Chairman Winton: -- essentially -- Ms. Cuervo Schreiber: -- it was part of something that they knew because we discussed it and made it seem, at least in my opinion, they understood it and they knew it, and it wasn't an issue. We even talked about the easement in the front. We talked about the waters. We talked about the moorings a little bit. Vice Chairman Winton: Well, let me go to another point and my point is this. The idea to create the Waterfront Master Plan -- and interestingly, 1 was criticized pretty strongly by many of the people that are involved in the master planning process right now, and the intent from the beginning -- and the reason, if you all remember, we extended the scope of that contract to move the study piece from just on the south side of Monty's to Kennedy Park because we figured out that with the yacht club leases coming due for renewal, we could, in fact, figure out a way to do some negotiation with them and get a bay walk that isn't on the bay, that doesn't interfere with their land that they own, but goes in front of the clubs, much like the Trust for Public Lands is City of Miami Page 48 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 doing the river walk on the river in those items -- areas where you can't, because it's privately -owned land and you can't run the river walk along the water's edge; it moves out to the street, zigzags out, goes back in when it gets an opportunity, runs along the water, very similar to this. That's point number one, and so that was anticipated when we created this master planning process from the very beginning. Negotiating with the clubs was anticipated from the very beginning, and I think, finally, I would say that I couldn't imagine in my wildest dreams -- there are no major waterfront communities in the world out there that don't have significant yacht clubs. You've got to have yacht club. We've got fabulous yachting facilities right there stacked one right after another.' Biscayne Bay, Coral Reef, which was more motor than sailing, and the US Sailing Club right next door. I mean -- and the amount of energy and money and support that brings into our community is almost immeasurable, and in my wildest dreams, I would never have considered thinking about doing anything that would jeopardize those clubs. Wasn't in my wildest dreams then and it isn't in my wildest dreams now, and I will tell you that, to the credit of the volunteer committee in the Grove working with our consultants, I think they've worked extremely hard at bringing us a good plan, and 1 haven't interfered with it at all. It's their plan; they're driving hard, and I think they're making good decisions. The idea to -- that we want -- might want to look at other kinds of things to do with the land just doesn't fly with me. I think these yacht clubs, they are part of our history. You've been here as long as the City's been here. I don't know how long Coral Reef has been here. I don't think you're as old as -- Mr. Kline: They're 56 years old, I believe. They started right in the early '50s, and as -- Commissioner Sanchez: Fifty -- Mr. Kline: -- you said, we're a couple years older than this city. Vice Chairman Winton: So there are institutions in our community, and it would be almost like tearing down any -- you know, the Freedom Tower. I mean, not quite as dramatic, but pretty dramatic, and I just couldn't imagine that, and so I'm going to -- Commissioner Sanchez, I know you want to make a comment, and as soon as you -- Commissioner Sanchez: Well, I couldn't have said it better than you did, but let me just state on the resolution itself that's in front of us -- let me praise all parties involved. It is well -crafted resolution that basically protects the interest of all of us. If we are going to focus on creating a world -class bay walk, we're doing it now, although there are some concerns, and the concerns that have been brought, Ifeel were clearly answered by our Attorney. This is a win/win situation for everyone. It's two clubs that are dear to this City; have been here for many years; have a long history, and even to bring out a thought that they would build a condominium there is absurd and insulting in many ways, but having said that, I want to take the pleasure and the honor of moving this resolution. Commissioner Spence -Jones: Second. Vice Chairman Winton: We have a motion and a second -- Ms. Ramirez -Sews: Commission -- Vice Chairman Winton: -- on a resolution. Ms. Ramirez -Sews: -- I would like to respond and put on the record a response to Commissioner Regalado's concern. The City Charter allows the City to grant easements. The restrictions on 29b and the requirements for a referendum apply to leases and sales of property, and this is not what this item is about. I just wanted to put that on the record. Vice Chairman Winton: Great, thank you. By the way, 1 don't think 1 ever closed the public City of Miami Page 49 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 hearing. Anyone else from the public like to comment on PH.4? If -- please step forward. Trigg Adams: My name is Trigg Adams. I live in the South Grove at 3824 Park Avenue. I happen to be a member of Coral Reef Yacht Club for over 30 years. I have a boat there. All during this discussion, obviously, I think this is a good resolution. I urge you to adopt it for Biscayne Bay as well as for Coral Reef upcoming. I have noticed a complete absence, however, of one of the more important points against the idea of the -- along the seawall bay walk, and that is security. In no way, shape, or form could we possibly have the kind of security along the waterfront that we need. Now, Coral Reef is recognized by the Coast Guard and the Homeland Security as a place where when I come back from the Bahamas, I can come in and dock and call the Coast Guard and say, "I'm here." They know it is a 24-hour a day secured facility. If you put a public bay walk between the facility and the docks, you absolutely destroy that security. I'm sure the same security applies over at Biscayne Bay, as it probably does at Monty's. This is only a -- of this proposed bay walk idea. It sounds wonderful for the guy who does not boat and who lives out in the west part of town and comes down every once in a while to have a few drinks and walk along the water. It sounds wonderful, but it would completely destroy any semblance of security along the waterfront, and I think that's very important, and 1 do urge you to adopt these two proposals, PH.4 and 5. Vice Chairman Winton: Thank you. Anyone else from the public on PH.4? If not, we'll close the public hearing. We have a motion and a second Yes, ma'am. Ms. Billberry: Can I just request clarification on whether or not this includes the Waterfront Board's recommendation on setting the monies aside? Vice Chairman Winton: Oh, no, absolutely, right? Commissioner Sanchez: I'm sorry. What was that? Vice Chairman Winton: It -- Ms. Billberry: Whether or not this -- your motion included the recommendation of the Waterfront Board to set the monies aside for the Dinner Key Master Plan's implementation. Vice Chairman Winton: I want to be clear on two things. Commissioner Sanchez: Well, that's -- let's vote on separately. Vice Chairman Winton: Why? I think it should. Commissioner Sanchez: There's going to be some discussion on that. Commissioner Regalado: Why? Vice Chairman Winton: Why? It shouldn't go to the general fund again. It needs to go into the improvements -- you're going to have to have money to do the improvements on the waterfront -- coming out of the waterfront master plan. Commissioner Sanchez: All right. All right, so -- Vice Chairman Winton: You know, it ought to go there, and the other thing that needs to make sure is in there is that both yacht clubs are going to be responsible for the maintenance of the bay walk in perpetuity, and it isn't in the formal agreement, but it was certainly proffered, and we're very interested in that. City of Miami Page 50 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Ms. Billberry: We'll include it. Commissioner Sanchez: All right. Vice Chairman Winton: OK. Commissioner Sanchez: The maker of the motion accepts the Waterfront Advisory Board's recommendation. Vice Chairman Winton: And second? Commissioner Spence -Jones: Yeah, second. Vice Chairman Winton: OK. Any further discussion? If not, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. PH.5 06-00458 RESOLUTION Department of Public Facilities "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBMERGED LANDS EASEMENT AGREEMENT ("EASEMENT AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH CORAL REEF YACHT CLUB, A NON-PROFIT CORPORATION ("GRANTEE"), FOR THE GRANTEE'S USE OF APPROXIMATELY 4.21 ACRES OF CITY -OWNED SUBMERGED LAND LOCATED WATERWARD OF 2484 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, FOR MARINA PURPOSES; PROVIDING FOR PAYMENT BY GRANTEE IN THE AMOUNT OF $1,140,000, IN CONSIDERATION FOR THE EASEMENT, WHICH CONSIDERATION SHALL BE RESERVED FOR EXPENDITURES ASSOCIATED WITH THE IMPLEMENTATION OF THE COCONUT GROVE WATERFRONT MASTER PLAN; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID EASEMENT AGREEMENT. 06-00458 Legislation.pdf 06-00458 Exhibitl .pdf 06-00458 Exhibit 2.pdf 06-00458 Exhibit 3.pdf 06-00458 Exhibit 4.pdf 06-00458 Exhibit 5.pdf 06-00458 Exhibit 6.pdf 06-00458 Exhibit 7.pdf 06-00458 Summary Form.pdf 06-00458 Public Hearing Memo.pdf 06-00458 Public Hearing Notice.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonthlez City of Miami Page 51 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 R-06-0218 Vice Chairman Winton: PH.5. Commissioner Sanchez, would you take over for a second? Applause. Commissioner Sanchez: All right, we can't have that. Save that -- Laura Billberry (Director, Department of Public Facilities): Still got the other half. Commissioner Sanchez: -- for the Heat. All right. Ms. Billberry: PH.5 is -- Commissioner Sanchez: PH.5. Ms. Billberry: -- a very similar item. It's an easement with the Coral Reef Yacht Club. In this case, the Club will pay the City $1,140, 000. The term will be the same as with Biscayne; where it'll be in perpetuity, subject to certain conditions. They will basically be doing the same public purpose items, except they will be cleaning the island during May and September, so we will actually be getting four cleanings of that island during each year. This is also subject to the State's approval of the easement document. Commissioner Sanchez: All right. There is a -- Commissioner Regalado: Move it. Commissioner Sanchez: Well, it's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Sir, you're recognized. State your name and address for the record. Charles Baumberger: Charles Baumberger, on behalf of the Coral Reef Yacht Club. My business address is 44 West Flagler Street. Everything that has gone before, I think, applies to the Coral Reef Yacht Club. Unfortunately, Commissioner Winton has just left the room, because I do want to correct the record on one thing, when he said that the Coral Reef was more of a motoring boat -- yacht club than a sailing. That would cause consternation to many of our members since -- let me just read this -- Commissioner Sanchez: You've corrected the record. Mr. Baumberger: Let me just read a letter, and let me do two things. 1 would like to take this opportunity to demonstrate just how much the Coral Reef over the 50 -- over 50 years of our existence, we have worked with the City and what's going to go on in the future. Many may not know it, but America's Cup is going to be held in Valencia, Spain this year. On Tuesday night, America's Cup chose the Coral Reef Yacht Club to have their inaugural presentation here in the United States supporting it, and we have a letter from the Spain United States Chamber of Commerce, who -- it reads in part thanking us for a wonderful event, but noting that the Coral Reef Yacht Club was chosen for this event because of its worldwide reputation as having an advanced sailing program, as well as their expertise in running regattas. Over a hundred regattas are run out of the Coral Reef Yacht Club and Biscayne Bay Yacht Club; people from all over the world come here. I would be remiss if I did not share one of the great contributions that the Coral Reef Yacht Club makes to this community for the use of our docks and the use of our facilities. I'd like to introduce Mark Kamilar to briefly talk about the youth sailing program, which will include the Orange Bowl regatta, which is the second largest youth regatta in the world. Mark. City of Miami Page 52 Printed on 4/26/1006 City Commission Meeting Minutes April 6, 2006 Mark Kamilar: Commissioners, simply put, we have the privilege of running the best youth sailing program in the United States. Twenty percent of the US (United States) national team comes solely from our organization. The National College Sailer of the Year, two years ago, comes from our organization. The National High School Sailer of the Year, last year, comes from our organization. We're open to the public. Sixty-five percent of the kids we put through out program are from the community. They're not members' children; anyone who shows up sails. The bottom line is, if there's any higher or better purpose for any piece of property in the City of Miami, other than opening your doors and giving our children these type of opportunities Vice Chairman Winton: It's upside down. Ms. Billberry: It's upside down. Mr. Kamilar: Oops, upside down. Vice Chairman Winton: Now it's backwards. Mr. Baumberger: He's dyslexic. Commissioner Sanchez: We realize that, at times, we're upside down, but — Mr. Kamilar: I don't teach this way when I coach, but I would say there's just no higher or better use of a piece of land. Commissioner Sanchez: Well, let -- Mr. Kamilar: If you guys took it over -- Commissioner Sanchez: -- us see it. OK. Mr. Kamilar: -- these are the types of things you would want to see. You would want to see families coming down. You would want to see children being educated. You'd want to see the best and brightest youngsters in the United States getting this opportunity, and you would want to see anyone showing up having the opportunity to do it. We do have a program for underprivileged and disabled children to have their tuitions reduced, so we do everything we can for the children. We do it in the name of our clubs, not only Coral Reef Yacht Club; we're so big now we can't do it without the other clubs with us, without Biscayne Bay and also without your support, but these are the types of things that we want to have done. There's nothing else that you could do with this property. Thank you. Vice Chairman Winton: Thank you. Commissioner Sanchez: It is a great event. Applause. Commissioner Sanchez: I was there; enjoyed it, but I'll tell you what we would like to see there more and we'd like to work this -- I believe that this Administration and this City Commission want to work with you -- is to see more inner-city children there involved in these type of events, a beautiful event -- Vice Chairman Winton: I was going to say that. Commissioner Sanchez: -- but I certainly would like to see more inner-city children involved in City of Miami Page 53 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 that. Jeff Rubin: Thank you, Commissioners. My name is Jeff Rubin. I'm the president of the United States Sailing Center, 2476 South Bayshore Drive. I would like to speak on behalf of this resolution as well. The cooperation and partnership that we have with the Biscayne Bay -- well, the Coral Reef Yacht Club and Biscayne Bay Yacht Club allows the many events that we run out of the sailing center, which Mark and the other people have already spoken about, the Olympic Classes Regatta, Orange Bowl Regatta, Bacardi Cup, would not happen without the cooperation of the various yacht clubs and the United States Olympic Sailing Center, and I think to that credit thus far, we not only do run a sailing program at the -- inner-city program at the sailing center during the summer months; we provide facilities for the City to have their boats during -- throughout the whole year. We provide a place for the City to have an office, and I think that all of these things could not happen with the cooperation and partnership, the symbiotic relationship that we have with the yacht clubs right next door to us, and as well, one of our main things is to train for athletes, and we are very proud that we have two Olympic gold medalists that have come out of that cooperation, both Magnus, who you may have know, as well as Kevin Burnham, who is just a recent -- a gold medal winner. Thank you. Vice Chairman Winton.' I would like to request of all three organizations, though, that you all start keeping data on inner-city kids that you bring through and train. I think that data is going to be important. I'd like you to bring it back to the City. I think it's important not only for us, but for you so that you can actually measure how effectively you're reaching into the most neediest parts of our community, so could I get that commitment from you all ? Thank you. Where -- let's see. I'm -- Commissioner Sanchez: I'm prepared to move. Vice Chairman Winton: I think the public hearing comments side is closed Phil, but you want to make a quick comment? Phil Everingham: Just for the Waterfront Board for the record. Vice Chairman Winton: Oh, yeah. Commissioner Sanchez: Same recommendation. Mr. Everingham: Same recommendation as with PH.4. Commissioner Sanchez: All right. Maker -- Vice Chairman Winton: Oh, no, it isn't closed. It's -- this is a new item. Mr. Everhingham: Right. Vice Chairman Winton: Sorry. Mr. Everingham: Yeah. Same recommendation, strongly urge you to approve the -- Vice Chairman Winton: Thank you. Mr. Everingham: -- resolution. Vice Chairman Winton: Where are we? Commissioner Sanchez: Public hearing. City of Miami Page 54 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Vice Chairman Winton: OK. Suzanne Peters: Can I make a bri --? I will be brief. I don't want to belabor any points. My name is Suzanne Peters. It's 2579 Trapp Avenue, Miami. I'm a member of the Waterfront Advisory Board and I'm also a member of Coral Reef. I voted in favor of the item because -- not only because I'm a member of the club and I think it's the right thing for the club, but because they're actually -- this is a great deal for the City, financially. I think you've heard about that. This is the only use that would really be there. It's not something that could be put out to bid, but there are a couple of points, and you've heard that. I don't want to belabor that. There are a couple of points I want to make just for your consideration as other waterfront issues along these lines come before you. Leases, sails, and easements are very different legal animals. Don't let people come up here and try to lump them together and use that kind of fuzzy logic to trick you. Your legal counsel explained to you that there are very important legal differences. Another item, submerged land is not waterfront land. This is a waterfront master plan. It doesn't reach out to Stiltsville. It's about the waterfront, not the submerged lands. It's a technical issues, but the lawyers that come before you should understand that. I definitely want to thank you for considering the recommendation of the Board to put these monies aside for implementation. One of the complaints we hear repeatedly on the Waterfront Board is that plan after plan is done, paid for, all the money out the window, never implemented. This is something where the City can say, "Fine, we're going to walk the walk We're going to put the money there. It will be earmarked and it will really help make the bay walk, the master plan, and all of these wonderful projects in the Grove a reality," so I really hope that in the future, you'll also consider those sort of recommendations coming from the Waterfront Board. We try really hard to, you know, give you the best advice we can, considering these issues. Thank you very much. Vice Chairman Winton: Thank you. Applause. Vice Chairman Winton: Anyone else from the public? Stuart. Stuart Sorg: I just want to mention briefly -- Vice Chairman Winton: Name and address. Mr. Sorg: I'm Stuart Sorg. I live at 3091 Lucaya, in Coconut Grove; past chairman of the Waterfront Board; a founder of the Waterfront Board I'm still on the Waterfront Board This lady is phenomenal. Lori Billberry is just great. You just -- you deserve everything. Applause. Mr. Sorg: I want to make one comment, though. Let me just tell you why the City Manager is so strongly behind what Coral Reef is doing. First of all, we work so hard with Linda and the City Manager on -- Coral Reef adopted the channel -- the seaplane channel right in front of Shake -A -Leg. When the derelict vessels were there, who came to the City and asked for it? Coral Reef Yacht Club. When we needed two more police boats in the City of Miami, who came to the City? Coral Reef Yacht Club. Coral Reef Yacht Club is the only club ever to assist the City like it's doing today, and we're proud to do that. Vice Chairman Winton: Thank you. Any other comments? Applause. Vice Chairman Winton: Any other comments from the public on PH.5? If not, we will close the City of Miami Page 55 Printed on 4/26/1006 City Commission Meeting Minutes April 6, 2006 public hearing. Anything else need to go on the record? Commissioner Sanchez: No. So move with the Waterfront's recommendation. Commissioner Spence -Jones: Second. Vice Chairman Winton: We have a motion and a -- Commissioner Sanchez: And for discussion, 1 want to challenge each club. They have a summer program for inner-city kids. It's a well -run program. Come back to this legislative body -- and I am committed -- to bring us a team and that team, for one race out of each club, I will go out and seek sponsorship because I know it's an expensive sport. Not every kid has a boat or not every kid has the equipments, but I will commit myself and I'm sure, some of my colleagues here will support me, to have one team of inner-city kids, one race out of both clubs, and we will go out there and sponsor them so they could be involved in this wonderful event. Commissioner Spence -Jones: And I will work hand -in -hand to help you ident5 those kids to make sure they're actually coming from our district. Commissioner Sanchez: All right. Vice Chairman Winton: Great, and -- Commissioner Sanchez: So that's just an -- that's a sidebar challenge. Vice Chairman Winton: -- want to make sure also in their lease is the perpetual maintenance commitment. Ms. Billberry: In their easement, we will add that language, yes. Vice Chairman Winton: In their easement, right. In their -- thank you. Yes, in their easement. That's what I meant to say. Any further discussion? If not, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. Ms. Billberry: Thank you. Applause. Commissioner Sanchez: Listen -- Vice Chairman Winton: PH.6 -- Mr. Baumberger: Commissioners -- Vice Chairman Winton: -- has been withdrawn. Mr. Baumberger: -- thank you very much for your support. Unidentified Speaker: Thank you. PH.6 06-00355 ORDINANCE Public Hearing City of Miami Page 56 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Department of Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE IV/SECTION 54-124 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/NAMING OF STREETS AND NUMBERING OF BUILDINGS/NAMES OF AVENUES," BY CHANGING THE NAME OF SOUTHEAST 2 AVENUE BETWEEN SOUTHEAST 2 STREET AND THE MIAMI RIVER, MIAMI, FLORIDA, TO BRICKELL AVENUE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE HEREIN DESIGNATED AGENCIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00355 Legislation.pdf 06-00355 Summary Form.pdf 06-00355 Public Hearing Memo.pdf 06-00355 Public Hearing Notice.pdf 06-00355 Photos.pdf WITHDRAWN Note for the Record: Please refer to "Order of the Day" for minutes referencing Item PH.6. PH.7 06-00248 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS ("RFP"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR A UNIFIED DEVELOPMENT PROJECT ("UDP"), FOR THE CITY -OWNED PROPERTY COMMONLY KNOWN AS THE MELREESE GOLF COURSE, LOCATED AT 1802 NORTHWEST 37TH AVE, MIAMI, FLORIDA, CONSISTING OF APPROXIMATELY 135 ACRES, FOR THE DEVELOPMENT OF IMPROVEMENTS TO SAID PROPERTY, WHICH SHALL INCLUDE A GOLF COURSE, HOTEL, CLUB HOUSE, PRO SHOP, AND OTHER RELATED GOLF AND HOTEL AMENITIES AND MAY INCLUDE RECREATIONAL, ENTERTAINMENT, EDUCATIONAL AND/OR CULTURAL FACILITIES, CONVENTION AND/OR CONFERENCE FACILITIES, HOTEL TIMESHARES, RETAIL, AND ANCILLARY RELATED USES SUCH AS OFFICES AND PARKING; SELECTING A CERTIFIED PUBLIC ACCOUNTING FIRM AS STATED HEREIN, TO EVALUATE PROPOSALS SUBMITTED IN RESPONSE TO SAID RFP FOR THE UDP; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AMENDMENT TO THE AGREEMENT WITH SAID FIRM AND TO PRESENT THE NEGOTIATED AMENDMENT TO THE CITY COMMISSION FOR CONSIDERATION; FURTHER APPOINTING A REVIEW COMMITTEE TO EVALUATE PROPOSALS RECEIVED IN RESPONSE TO SAID RFP FOR THE UDP. 06-00248 Legislation.pdf 06-00248 Exhibit 1.pdf 06-00248 Exhibit 2.pdf 06-00248 Summary Form.pdf 06-00248 Public Hearing Memo.pdf 06-00248 Public Hearing Notice.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado City of Miami Page 57 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 10:30 A.M. PH.8 06-00460 Department of Community Development City of Miami R-06-0219 Vice Chairman Winton: The Commission meeting is back to order. PH.7. Laura Billberry: OK. Laura Billberry, Public Facilities. This is a resolution authorizing the issuance of a new RFP (Request for Proposals) for the development of a golf course hotel and related amenities at the property commonly known as Melreese Golf Course. The primary difference between this RFP and the RFP that was previously issued is that we are now allowing a three- or a four -star hotel, as opposed to, previously, we had only allowed a four -star. Secondly, last time we restricted the area for the hotel to the northeast corner of the property. While we are continuing to restrict the area of the hotel not to exceed ten acres, and access must continue to be provided from 37th Avenue, we are now allowing the developer greater flexibility on determining the best location for the hotel so that they can provide better synergies among all the uses, including its relation to the adjacent park The resolution further selects a CPA (Certified Public Accountant) firm to evaluate the proposals as required by the Charter. The City had previously conducted a competitive process and Sharpton Brunson was the -- contract was awarded by the Commission. However, their contract expires this June, but it did provide for renewals, subject to negotiating the consideration, so therefore, we are recommending that we continue with Sharpton; that you select them, and that we authorize a negotiation of an amendment, which the amendment will come back to the Commission for approval. Lastly, the resolution appoints the following members to the review committee: Richard Berkowitz, Otto Boudet-Murias, Manolo Reyes, and Oscar Rodriguez as members of the public, and for members from City staff to be on the review committee, we'd have Linda Haskins, Alicia Cuervo Schreiber, and Ernest Burkeen. Vice Chairman Winton: So we need a motion. Commissioner Sanchez: So move. Priscilla A. Thompson (City Clerk): Public -- I'm -- Commissioner Spence -Jones: Second. Commissioner Sanchez: It's a -- PH.7. Ms. Thompson: Public hearing. Commissioner Sanchez: It's a public hearing. Vice Chairman Winton: Yes, public hearing. Anyone from the public like to comment on PH.7? Anyone from the public? If not, public hearing's closed. We have a motion with staff recommendations and a second. Do we have any other discussion? If not, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE OF STATE HOUSING INITIATIVES PARTNERSHIP DISASTER FUNDS, IN THE AMOUNT OF $289,096, FOR DISASTER RELIEF ACTIVITIES PERTAINING TO THE HURRICANE WILMA DISASTER RECOVERY EFFORTS, FOR FISCAL YEAR 2005-2006; AUTHORIZING THE Page 58 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 PH.9 06-00461 Department of Community Development CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), FOR ACCEPTANCE OF SAID FUNDS. 06-00460 Legislation.pdf 06-00460 Summary Form.pdf Note for the Record: City Attorney Jorge L. Fernandez read a statement indicating that Item PH.8 was being deferred until the Commission meeting currently scheduled for May 11, 2006. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONVEY, WITH PARCEL REVERTER PROVISIONS, ONE CITY OF MIAMI ("CITY") OWNED PARCEL OF LAND LOCATED AT 240 NORTHWEST 11 STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO THE CITY DEPARTMENT OF OFF- STREET PARKING, FOR THE DEVELOPMENT OF A PUBLIC PARKING LOT THAT WILL BENEFIT LOCAL AREA BUSINESSES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), FOR SAID PURPOSE. 06-00461 Legislation.pdf 06-00461 Exhibit.pdf 06-00461 Summary Form.pdf Note for the Record: City Attorney Jorge L. Fernandez read a statement indicating that Item PH.9 was being deferred until the Commission meeting currently scheduled for May 11, 2006. City of Miami Page 59 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 ORDINANCES - SECOND READING SR.1 06-00423 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE," BY CREATING A NEW ARTICLE (TO BE DETERMINED BY THE CODIFIER), ENTITLED "THE LIVING WAGE ORDINANCE;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2006. 06-00423 SR Legislation.pdf 06-00423 FR Legislation.pdf 06-00423 SR Memo.pdf 06-00423 FR/SR Summary Form.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado 12787 Vice Chairman Winton: Eight and nine -- Commissioner Sanchez: Have been deferred. Vice Chairman Winton: -- were deferred. That takes us to SR. 1. Commissioner Sanchez: SR.1. Vice Chairman Winton: Second reading. Commissioner Sanchez: So move. It's the living wage ordinance. Vice Chairman Winton.' Living wage ordinance, yes. Commissioner Sanchez: There has been an amendment, right? Vice Chairman Winton: Hum? Commissioner Sanchez: Has there been an amendment or a substitute? Vice Chairman Winton: Not that anyone said. Commissioner Sanchez: No. Vice Chairman Winton: You think that's SR.2? They're saying SR.2 has been amended. Commissioner Sanchez: OK. All right. All right, SR.1. Vice Chairman Winton: So SR. 1, we have -- that's the second reading on the living wage ordinance. We have a motion. Need a second. City of Miami Page 60 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Commissioner Sanchez: So move. Commissioner Spence -Jones: Second. Vice Chairman Winton: We have a second. Is this a public hearing? Commissioner Sanchez: Yes. Vice Chairman Winton: It's a public hearing. Anyone from the public like to comment on SR.1 ? Yes, sir. Commissioner Sanchez: It's an ordinance. Vice Chairman Winton: Yes. Arthur Rosenberg: Good afternoon. My name is Arthur Rosenberg. I'm a co-chair of Community Coalition for a Living Wage. My office is at 3000 Biscayne Boulevard, and my home is 601 Northeast 56th Street, and on behalf of the Community Coalition for a Living Wage, we would like to thank you today for enacting this ordinance, and on behalf of the many community groups that make up the Coalition -- Vice Chairman Winton: Bring the mike closer to you, would you? Mr. Rosenberg: Excuse me. -- and on behalf of the many coal -- community groups that make up the Coalition, I would like to express our thanks to the Commission for enacting this living wage ordinance. So many in our community -- constituents, working people, clergy, civic leaders -- have been interested in this issue for some time. Passing of the living wage ordinance is a bold and important step for our city, its residents, and its workers, and a sign of the progress this City has made on -- and we appreciate the bold leadership of this Commission and its Mayor. It would guarantee the most basic commitments to workers; providing them with a fair day's pay for a fair day's work. It's the right thing to do. You're doing it, and we thank you. Commissioner Sanchez: All right. Thank you. Vice Chairman Winton: Anyone else from the public on SR.1 ? If not, the public hearing is closed Read the ordinance, please. The ordinance was read by title into the public record by the Assistant City Attorney. Vice Chairman Winton: Roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. SR.2 06-00272 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS," MORE PARTICULARLY BY AMENDING SECTION 55-10 OF SAID CODE, ESTABLISHING A PROCEDURE TO ALLOW THE ISSUANCE OF BUILDING PERMITS UPON THE APPROVAL OF A TENTATIVE PLAT; CONTAINING A REPEALER Ciry of Miami Page 61 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00272 SR Legislation.pdf 06-00272 FR Legislation.pdf 06-00272 FR/SR Summary form.pdf 06-00272 FR/SR Public Hearing Memo.pdf 06-00272 FR/SR Public Hearing Notice.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado 12788 Vice Chairman Winton: SR.2. Stephanie Grindell: Stephanie Grindell, director of Public Works. SR.2 is an ordinance amending Chapter 55 to establish a procedure to allow the issuance of a building permit upon the approval of a tentative plat, and there are some minor, syntax changes that were provided. Commissioner Sanchez: What item is this? Vice Chairman Winton: SR.2. Commissioner Sanchez: SR.2 -- Vice Chairman Winton: Second reading. Commissioner Sanchez: -- it's a second reading. So move. Commissioner Spence -Jones: Second Vice Chairman Winton: Got a motion and a second Is this a public hearing also? Commissioner Spence -Jones: Yeah, I thought it was. Julie O. Bru (Assistant City Attorney): Yes, it is. It's second reading. Vice Chairman Winton: Are all second reading ordinances public hearings? Ms. Bru: Yes. Vice Chairman Winton: OK. Anyone from the public interested in commenting on SR.2? Anyone from the public? If not, we'll close the public hearing. We have a motion and a second. Read the ordinance, please. The ordinance was read by title into the public record by the Assistant City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. City of Miami Page 62 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 ORDINANCES - FIRST READING FR.1 06-00463 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), APPROVING (SUBJECT TO THE RECEIPT BY THE CITY OF MIAMI AND CLEARANCE OF THE PAYMENT SET FORTH HEREIN BY SEPTEMBER 30, 2006) THE TERMINATION OF THAT CERTAIN 37-YEAR FRANCHISE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI ("CITY") AND TECO THERMAL SYSTEMS, INC., FORMERLY KNOWN AS FPL THERMAL SYSTEMS, INC. (TECO THERMAL"), AS SUCCESSOR IN INTEREST OF FPL ENERGY SERVICES, INC.; PROVIDING FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF AN ENERGY EFFICIENT DISTRIBUTION SYSTEM IN THE PUBLIC RIGHT-OF-WAY OF THE SERVICE AREA AS DESCRIBED IN SAID FRANCHISE AGREEMENT; PROVIDING FURTHER THAT NO TERMINATION SHALL OCCUR UNTIL THE CITY HAS RECEIVED AND CLEARED BY SEPTEMBER 30, 2006, THE PAYMENT OF ONE MILLION, ONE HUNDRED THOUSAND DOLLARS FROM TECO THERMAL; CONTAINING A RESERVATION OF THE CITY'S RIGHTS IF NO TERMINATION; A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00463 FR/SR Legislation.pdf 06-00463 FR/SR Exhibit 1.pdf 06-00463 FR/SR Exhibit 2.pdf 06-00463 FR/SR Exhibit 3.pdf 06-00463 FR/SR Exhibit 4.pdf 06-00463 FR/SR Exhibit 5.pdf 06-00463 FR/SR Exhibit 6.pdf 06-00463 FR/SR Exhibit 7.pdf 06-00463 FR/SR Exhibit 8.pdf 06-00463 FR/SR Exhibit 9.pdf 06-00463 FR/SR Exhibit 10.pdf 06-00463 SR Summary Form.pdf 06-00463 FR Summary Form.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado Vice Chairman Winton: FR.1. Stephanie Grindell (Director, Public Works): FR 1 is an ordinance approving termination of the franchise agreement between the City of Miami and TECO (Tampa Electric Company) Thermal Systems. TECO Thermal Systems has contracted to sell the system facilities under this franchise agreement to the Miami -Dade County. In connection with the sale, TECO Thermal has requested the City of Miami agree to termination of the agreement, and TECO and the City have a negotiated termination of the agreement in a termination fee in the amount of $1,100, 000. Vice Chairman Winton: Why is this happening? Ms. Grindell: TECO wants to sell basically their -- the facilities, which is a chiller plant to Miami -Dade County, and as part of the agreement, we will allow them to cancel the agreement, City of Miami Page 63 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 provided that they pay us the termination fee. Commissioner Spence -Jones: Now, do -- is anybody from TECO here? Vice Chairman Winton: No. Oh, I don't know. Yes. Commissioner Spence -Jones: Oh, OK, good, and I do understand that this is -- I just have a quick question for Stephanie or for TECO. 1 do have truly a big concern about the plant that we have, I believe, on 1st Avenue and 1st Court. I would just want to make sure that we put on the record, we're -- I think we're funding right now some affordable housing units right across the street from one of your plants. As a matter offact, I think the families -- I have about 14 families moving in at the end of the month. I have a huge, big concern about that plant looking the way that it looks across the street. You know, we're rebuilding the neighborhoods. We're trying to make them better, and 'just want to make sure that before I support, essentially you, that I know that there's some sort of commitment to the folks in Overtown for you correcting the way that plant looks. Sergio Abreu: For the record, my name is Sergio Abreu. I'm with TECO Energy. Our address is 60 Northwest 17th Street. That's the address of the facility you're describing. Just for the record, that facility is not the one that we're currently selling. That is our gas facility. Commissioner Spence -Jones: Um -hum. Mr. Abreu: We still have a franchise with the City -- Commissioner Spence -Jones: Um -hum. Mr. Abreu: -- to operate there -- Commissioner Spence -Jones: Yes. Mr. Abreu: -- and just to address your concern, last week we cleared out all of the barbed wire on top of the wall, and we have painted the front part of the facility. We're in the process of painting the rest of the facility, and in the next week or so, we should have our contractor for foliage to be placed along the front of that wall. Commissioner Spence -Jones: So that is getting done? Mr. Abreu: It is in the process right now. As a matter offact, about half of the project is complete. We still have about another half and we'll be completing that shortly, so it'll be -- and we were working with that group across the street to do that, so we've been working with them even before the project -- Commissioner Spence -Jones: We just want you to be good neighbors, and I'm glad -- Mr. Abreu: Absolutely. Commissioner Spence -Jones: -- that you're at least doing it, and Alicia, because we met on this yesterday and that wasn't happening, so it is officially happening now. Mr. Abreu: Yes. Unidentified Speaker: (INAUDIBLE) Commissioner Spence -Jones: Thank you, thank you. City of Miami Page 64 Printed on 4/16/2006 City Commission Meeting Minutes April 6, 2006 Mr. Abreu: No problem. Commissioner Sanchez: All right. I'm OK with it. I'm prepared to make -- Vice Chairman Winton: Is this the -- this is the plant that's downtown? Commissioner Spence -Jones: No. Mr. Abreu: I'm sorry. There's two facilities. The one that she's describing is our gas facility. It is in the Overtown area off of Northwest 1st Avenue. The facility that we're selling to Miami -Dade County is on Northeast 1st Avenue -- Vice Chairman Winton: Right. Mr. Abreu: -- and 11 th Street. Vice Chairman Winton: Right up against 395. Commissioner Spence -Jones: Right. Mr. Abreu: Right up against 395, correct. Vice Chairman Winton: And that's in the CRA (Community Redevelopment Agency) District, one Mr. Abreu: 1 believe so. Commissioner Spence -Jones: Um -hum. Vice Chairman Winton: -- and it's right in the heart of an area where we're having great disagreements with the County over all manner of issues. Why is this one not an issue? Alicia Cuervo Schreiber (Chief of Operations): Commissioner, in working with TECO, as you know that TECO had a 37-year agreement with the City of Miami. It realizes for the City of Miami anywhere between 47 and $55, 000 a year to date. Up to the 37th year, as it escalates, could maximize to $150, 000 for the City of Miami. In looking at the capacity issues and the buildings that would come on line, they are primarily government buildings that would come on line. The City, in looking at the present value of taking the $1.1 million as part of the sale, it was a good business decision for us, and really has nothing to do with the County. Commissioner Sanchez: And the County is a sovereignty [sic] entity. Ms. Cuervo Schreiber: And the County would not really -- is not required to pay franchise fees under Florida statute, and the County actually would be connecting their existing facility, which needs about $7 million of repair, to this one, and it would be a capacity issue for them, so -- Commissioner Sanchez: And the County -- Ms. Cuervo Schreiber: -- I hope 1 explained that well. Commissioner Sanchez: -- agree that this was one of the items that they took off of the list in the -- I mean, this was one of the items that was in the -- Vice Chairman Winton: No, no. City of Miami Page 65 Printed on 4/26/1006 City Commission Meeting Minutes April 6, 2006 Commissioner Sanchez: -- list between -- Vice Chairman Winton: Yeah. Well, but that's how it always works with the County; they decide what comes off the list. They also decide what goes on the list. Commissioner Sanchez: -- but overall, I think it's a good deal for the City. Vice Chairman Winton: So we need a motion. Commissioner Sanchez: So move. Vice Chairman Winton: We have a motion. Need a second. Commissioner Spence -Jones: Second. Vice Chairman Winton: We have a motion and a second What is this, FR.2? Ms. Cuervo Schreiber: FR.1. Commissioner Sanchez: FR.2 -- Priscilla A. Thompson (City Clerk): F -- Commissioner Sanchez: -- is an ordinance on first reading. It'll come back to us -- Vice Chairman Winton: No, no. This is FR.1, so FR.1 -- Commissioner Sanchez: It's first reading. Vice Chairman Winton: -- first reading, so -- Julie O. Bru (Assistant City Attorney): An ordinance of the Miami City Commission with -- Priscilla A. Thompson (City Clerk): I'm sorry. You need to open your public hearing and close your -- Vice Chairman Winton: Ah, man. Ms. Bru: It's first reading; you don't need -- Vice Chairman Winton: Yeah, I thought -- Ms. Bru: -- a public hearing. Vice Chairman Winton: -- we only did it on second -- that was the question that I asked. Ms. Bru: Yeah. Commissioner Sanchez: Well, but you should -- Commissioner Spence -Jones: Yeah. Commissioner Sanchez: -- open it on first and second. City of Miami Page 66 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Vice Chairman Winton: OK. It's a public hearing Anyone from the public like to comment on FR. 1? Ms. Bru: You don't legally need a public hearing. Vice Chairman Winton: That's what I thought, and that's -- Ms. Bru: It's up to your discretion. Vice Chairman Winton: I remember, when I was Chairman before, we didn't have it on -- that's the reason we did it on second, but you know, as the -- rules change. We have opened this to a public hearing. Anyone from the public like to comment on FR.1 ? Apparently not; we'll close the public hearing. Read the ordinance, please. The Ordinance was read by title into the public record by the Assistant City Attorney. Ms. Thompson: Roll -- Vice Chairman Winton: Roll call. Ms. Thompson: -- call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. FR.2 06-00464 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Building 20/SECTION 20-3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "FLOOD DAMAGE PREVENTION/DEVELOPMENT IN EITHER SPECIAL FLOOD HAZARD AREAS, OR NON -SPECIAL FLOOD HAZARD AREAS," BY ESTABLISHING THE DEFINITION OF BASE ELEVATION OF SAID CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-00464 Legislation.pdf 06-00464 Summary Form.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado Vice Chairman Winton: FR.2, first reading. Hector Lima: Good afternoon. Hector Lima, director of Building. In enforcing this ordinance, we found that there was a glitch that if we took the elevation from the sidewalk instead of the crown of the road, it was going to create a hardship for the development, specifically in accessibility issues, so we're changing and correcting it, and the base elevation will be taken from the crown of the road. Commissioner Sanchez: So move. Commissioner Spence -Jones: Second. City of Miami Page 67 Printed on 4/16/2006 City Commission Meeting Minutes April 6, 2006 Vice Chairman Winton: Got a motion and a second. Commissioner Sanchez: Public hearing. Vice Chairman Winton: Public hearing. Anyone from the public like to comment on FR.2? If not, we'll close the public hearing. Any further discussion? Read the ordinance, please. The ordinance was read by title into the public record by the Assistant City Attorney. Vice Chairman Winton: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. FR.3 06-00465 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Police 42/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "POLICE/TOWING AND IMMOBILIZATION OF MOTOR VEHICLES/POLICE TOWS," MORE PARTICULARLY BY AMENDING SECTION 42-119 OF SAID CITY CODE BY ADJUSTING THE MAXIMUM TOW RATES ALLOWED FOR THE POLICE DEPARTMENT AND DEPARTMENT OF OFF-STREET PARKING DISPATCHED TOWING AND WRECKER SERVICE FOR PRIVATE VEHICLES, AS SPECIFIED IN THE AMOUNTS SET FORTH IN THIS SECTION ; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 06-00465 Legislation.pdf 06-00465 Summary Form.pdf 06-00465 Text File Report.pdf 06-00465 Email.pdf DEFERRED A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, with Chairman Gonzalez and Commissioner Regalado absent, and was passed unanimously, to defer Item FR.3 to the Commission meeting currently scheduled for May 11, 2006. Vice Chairman Winton: FR.3. Commissioner Sanchez: FR. 3. Who's here from the Department of Police? Vice Chairman Winton: Well, that's not good "[Later...J" Vice Chairman Winton: Now we can go back to FR.3. You ready? Steve Caceres: Steve Caceres, major, Business Management section. FR.3 is increasing the tow rates. Recently, we passed a resolution entering into an agreement with the tow companies, and one of the things we needed to do was come to Commission and change the ordinance to increase our rates, and that's where we're at now. City of Miami Page 68 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Vice Chairman Winton: Increase them from what to what? Mr. Caceres: There's a Class A, Class B, Class C. Class A is goingfrom 80 to 95; Class B is going from 130 to 160. The City administrative fee will remain the same. We also have Class C goingfrom 155 to 215, and Class D goingfrom 180 to 250, and there's other charges also that will increase -- Vice Chairman Winton: From 180 to 250? Mr. Caceres: I'm sorry? Vice Chairman Winton: One eighty to two fifty? Mr. Caceres: To 250, and this is Class D, and it goes by -- depending on the amount of the vehicle, the weight of the vehicle, and the different types of vehicles. Vice Chairman Winton: And why do we feel a need to raise towing charges? Mr. Caceres: The towing board met and the towing companies requested the increase based on -- in the last five years, they haven't -- an increase, and they feel, due to fuel charges, insurance rates going up, that the rates were pretty low and they want to increase the rate, and that was a recommendation from the towing board. The towing board is the Police Department, members from the towing company that meet, and that's the recommendation the towing board gave. Vice Chairman Winton: Well, the rate increases look steep to me. You know, I understand the need for an increase, but some of these increases are 25, 30 percent plus. Commissioner Regalado: Let's defer for a full Commission. I'm sure there's going to be discussion. Vice Chairman Winton: Yeah, that's a good idea. You're going to move that? Commissioner Sanchez: Yeah. Let's wait for all five Commissioners are here for this item. I think -- Vice Chairman Winton: So move to defer. Commissioner Sanchez: -- deferring isn't going to kill it, so there's a motion to defer to the next meeting. Vice Chairman Winton: Michelle, need a second. Commissioner Spence -Jones: Second. Vice Chairman Winton: Got a motion and a second to defer to the -- why don't we move it not to the next meeting because that's P&Z (Planning & Zoning), but to the first -- Commissioner Sanchez: No, no. Yeah, the fol -- no, the next regular meeting -- Vice Chairman Winton: Right. Commissioner Sanchez: -- not the PZ items. Vice Chairman Winton: Yeah, the next regular meeting, which would be -- City of Miami Page 69 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Commissioner Spence -Jones: May 11. Vice Chairman Winton: May what? Priscilla A. Thompson (City Clerk): May 11. Vice Chairman Winton: There you go. Commissioner Sanchez: You know, 1 used to like when I used to look across the room and see the dates. Vice Chairman Winton: Yeah. OK. RE. 1 has been withdrawn. FR.4 06-00466 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Fire -Rescue 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/DEPARTMENTS," MORE PARTICULARLY BY AMENDING SECTION 2-207(F) OF SAID CITY CODE TO ESTABLISH AN EXPEDITED PLAN REVIEW SERVICE FOR CERTAIN REVIEWS PERFORMED BY THE DEPARTMENT OF FIRE -RESCUE AND CORRESPONDING FEES TO COVER THE COSTS OF PERFORMING SAID REVIEWS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-00466 Legislation.pdf 06-00466 Summary Form.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado Vice Chairman Winton: FR.4. Fire Chief Maurice Kemp: Chief Kemp, Miami Fire Department. We're changing the Code, the City of Miami Code, to allow for expedited plans review to prevent a bottleneck in plans review - - in the plans review process, and there's a charge associated with this expedition of the process. Vice Chairman Winton: And what is the expedited plan review do? Fire Chief Kemp: What it does is, if the individuals are willing to pay, we'll do these plans after hours and on the weekends, and the side benefit is, the normal process is not as crowded because these are done after hours. Vice Chairman Winton: And what prevents people from just kind of holding back on plans so that we can do them on nights and weekends? Is there a process to monitor how efficient you were and how efficient you are moving forward so that more work doesn't get moved to nights and weekends? Commissioner Sanchez: I think that question should be directed to the executive director. Vice Chairman Winton: The executive director. What executive director? Commissioner Sanchez: Hector. City of Miami Page 70 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Vice Chairman Winton: Well, but this -- Hector Lima (Director, Building): Executive? Vice Chairman Winton.' -- is Fire. Mr. Lima: It's -- it deals with building permits. Commissioner Spence -Jones: Yeah, it comes through Building, though. Vice Chairman Winton: Yeah. Mr. Lima: Actually, they're the last of the Mohicans here. Building is doing it, Public Works, and also Zoning. Vice Chairman Winton: Right. Mr. Lima: We do have a report that is printed daily that shows the backlog of what's pending, and we do set priorities on those. These are for people that actually do not really want to wait that long and that they want their -- Vice Chairman Winton: I understand -- Mr. Lima: -- permits -- Vice Chairman Winton: -- what -- Mr. Lima: -- expedited. Vice Chairman Winton: -- they're for. That still doesn't answer the question, and since you're at the microphone, you can answer the question for the whole shooting match. How do you know, from an efficiency standpoint, that there isn't in each of the departments more stuff now being pushed into nights and weekend because you get overtime as opposed to getting the work done on your regular shift? Mr. Lima: It's called supervision and management. You're absolutely correct. We do have the sign -off on every single overnight. It's signed off by four different supervisors; two chiefs and then ultimately myself. That's in -- of course, in the trades reviews. We maintain the list that I mentioned before and we see it as continuously being addressed properly. The volume of work that is being brought to the City is what's created this need. Vice Chairman Winton: That part 1 don't doubt. Commissioner Sanchez: All right. It is -- Vice Chairman Winton: OK. Commissioner Sanchez: -- revenue -neutral, and it -- there is no pension impact? All right. Commissioner Spence -Jones: So moved. Vice Chairman Winton: Wait, wait, wait. There's a good question on the table. Commissioner Sanchez: No, no. City of Miami Page 71 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Fire Chief Kemp: That is correct, as far as the pension impact, there is none because we don't -- Vice Chairman Winton: Right. Fire Chief Kemp: -- the overtime doesn't impact the pension, and we're not allowed to make money on these processes. Commissioner Sanchez: Second. Vice Chairman Winton: We have a motion and a second This is FR.4, right? Anyone from the public like to comment on FR.4? Anyone from the public? If not, the public hearing is closed. We have a motion and a second. Read the ordinance, please. The Ordinance was read by title into the public record by the Assistant City Attorney. Vice Chairman Winton: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. City of Miami Page 72 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 RESOLUTIONS RE.1 06-00469 RESOLUTION Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF CAPITAL IMPROVEMENTS AND TRANSPORTATION TO ISSUE WORK ORDER NO. 3, IN SUBSTANTIALLY THE ATTACHED FORM, TO HDR ENGINEERING, INC., FOR SPECIALTY PROGRAM MANAGEMENT SERVICES FOR FEMA-REQUIRED ADMINISTRATION, MONITORING AND REPORTING OF HURRICANE DEBRIS REMOVAL, PURSUANT TO THE PROFESSIONAL SERVICES AGREEMENT EFFECTIVE AUGUST 1, 2005, PURSUANT TO RESOLUTION NO. 05-0534, ADOPTED SEPTEMBER 8, 2005, IN AN AMOUNT NOT TO EXCEED $5,572,360; ALLOCATING FUNDS FROM THE DESIGNATED HURRICANE RECOVERY ACCOUNT NO. 800007, FOR SAID PURPOSE. 06-00469 Legislation.pdf 06-00469 Exhibit 1.pdf 06-00469 Exhibit 2.pdf 06-00469 Exhibit 3.pdf 06-00469 Exhibit 4.pdf 06-00469 Exhibit 5.pdf 06-00469 Summary Form.pdf WITHDRAWN RE.2 06-00471 Department of Capital Improvement Programs/Transpor tation Note for the Record: Please refer to "Order of the Day" for minutes referencing Item RE.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE CONTRACT WITH WILLIAMS PAVING, INC., FOR THE PROJECT ENTITLED "ROAD REHABILITATION, B-4654," IN AN AMOUNT NOT TO EXCEED $93,736.66, INCREASING THE CONTRACT FROM $1,194,491.50 TO $1,288,228.16, FOR ADDITIONAL NECESSARY WORK; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-4654 SAID PURPOSE. 06-00471 Legislation.pdf 06-00471 Exhibit.pdf 06-00471 Summary Form.pdf 06-00471 Contract.pdf 06-00471 Pre Legislation.pdf 06-00471 Master Report.pdf 06-00471 Contract Change Order.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado R-06-0220 City of Miami Page 73 Printed on 9/26/2006 City Commission Meeting Minutes April 6, 2006 Mary Conway: Mary Conway, CIP (Capital Improvements Program) & Transportation. RE.2 is a resolution to approve an amendment or change order to an existing contract with Williams Paving for a streets infrastructure project titled Road Rehabilitation project. This item -- this is one of an older streets project that did not include improvements to swales. The original scope of this project was for limited drainage improvements and milling and resurfacing. At the request of the constituents and the Commissioners' offices, CIP added work to the swales, including swale block, which is a relatively new improvement that's being included on streets projects, so this item is requesting a change order in the amount of $93, 766.66; increasing the total contract amount from the original bid price of $1,194, 491.50 to a new total amount of $1, 288, 228.16. Vice Chairman Winton: Need a motion. Commissioner Sanchez: Second. Well, I'll motion; it's less than ten percent increase. Vice Chairman Winton: Yeah. Commissioner Sanchez: Yeah. Vice Chairman Winton: Need a second. Commissioner Spence -Jones: Second. Vice Chairman Winton: Got a motion and a second. Any other discussion? If not -- Commissioner Spence -Jones: Ms. Mary, where's the project at again? Can you just tell me, just so the people who are watching know? Ms. Conway: The project is located in District 1. Commissioner Spence -Jones: OK. Where? Ms. Conway: I don't have the exact streets. They're included in this in front of you. Commissioner Spence -Jones: No. I was just curious, what the project was. Ms. Conway: It's in the Allapattah area -- Commissioner Spence -Jones: Oh, OK. Ms. Conway: -- in District 1. Frank Castaneda: It's 26th Avenue, between 14 and the railroad, between 14th Street and the railroad. Commissioner Sanchez: Frank Castaneda, for the record. Ms. Conway: Thank you, Frank. Commissioner Sanchez: Chief of Staff of the Chair -- Vice Chairman Winton: Who's on vacation. Commissioner Sanchez: -- Commissioner Angel Gonzalez, who is in -- City of Miami Page 74 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Vice Chairman Winton: Who's in -- Commissioner Sanchez: -- on vacation, period. Vice Chairman Winton: Yes. Commissioner Sanchez: Somewhere in Hialeah on vacation. Vice Chairman Winton: No, he's in Allapattah. Any other discussion on RE.2? If not, all in favor, "aye. " The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. RE.3 06-00446 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF HOMELAND SECURITY EQUIPMENT, PUBLIC SAFETY EQUIPMENT AND RELATED SERVICES, FROM U.S. COMMUNITIES, UTILIZING AN EXISTING U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE CONTRACT FOR HOMELAND SECURITY SOLUTIONS, #RQ06-814063-10A, EFFECTIVE THROUGH OCTOBER 8, 2008, FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES ON AN AS -NEEDED CONTRACT BASIS, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY U.S COMMUNITIES, WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $800,000, FOR FISCAL YEAR 2005-2006, WITH PURCHASES FOR SUBSEQUENT FISCAL YEARS SUBJECT ONLY TO BUDGETARY APPROVAL; AUTHORIZING THE PROCUREMENT OF COMPUTERS (BRAND NAME), PERIPHERALS, SOFTWARE, AND RELATED SERVICES, FROM U.S. COMMUNITIES, UTILIZING AN EXISTING U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE CONTRACT FOR TECHNOLOGY PRODUCTS, #RQ03-605674-16A, EFFECTIVE THROUGH APRIL 30, 2006, FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES ON AN AS -NEEDED CONTRACT BASIS, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY U.S COMMUNITIES ,WITH AN OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $1,500,000, FOR FISCAL YEAR 2005-2006, WITH PURCHASES FOR SUBSEQUENT FISCAL YEARS SUBJECT ONLY TO BUDGETARY APPROVAL; FURTHER AUTHORIZING THE UTILIZATION (PIGGYBACKS) OF OTHER AND FUTURE U.S. COMMUNITIES CONTRACTS WITHOUT ANY FURTHER CITY COMMISSION AUTHORIZATION, UPON THE CHIEF PROCUREMENT OFFICER'S DETERMINATION THAT SAID PIGGYBACKS ARE IN COMPLIANCE WITH SECTION 18-111 OF THE PROCUREMENT CODE AND ALL PURCHASES BEING SUBJECT TO BUDGETARY APPROVAL ONLY. City of Miami Page 75 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 06-00446 Legislation.pdf 06-00446 Summary Form.pdf 06-00446 Pricing.pdf 06-00446 Solutions.pdf 06-00446 Notice of Award of contract.pdf 06-00446 Memo of Negiations.pdf 06-00446 Notice of contract revised.pdf 06-00446 Pricing Structure.pdf 06-00446 Technology Products.pdf 06-00446 Amendment to Notice.pdf 06-00446 Revise Notice.pdf 06-00446 Acceptance Agreement.pdf 06-00446 Product Listings.pdf 06-00446 Administrative Agreement.pdf DEFERRED A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, with Chairman Gonzalez and Commissioner Regalado absent, and was passed unanimously, to defer Item RE.3 to the Commission meeting currently scheduled for April 27, 2006. Vice Chairman Winton: RE.3. Commissioner Sanchez: Mr. Chair, RE.3, I'm going to be requesting the item be deferred, if it's OK with the Administration, to have a full Commission. Vice Chairman Winton: So we'll move that to May 11 also. Commissioner Sanchez: Is that all right, if we move it to May 11, RE.3, for a full Commission? We have two Commissioners that aren't here, and I'm sure they're going to have — Glenn Marcos (Director, Purchasing): Well -- Commissioner Sanchez: -- input on it or -- Commissioner Spence -Jones: Is it time sensitive? Mr. Marcos: There is some time sensitive for some of the UASI (Urban Areas Security Initiative) purchases, so -- and this is the very essence of -- Commissioner Sanchez: Well, when you say time sensitive, what are we talking about? Mr. Marcos: Time sensitive are -- there are some time elements with -- Commissioner Sanchez: Let -- Mr. Marcos: -- UASI. Commissioner Sanchez: -- them put something on the record. Joe Fernandez: Joe Fernandez, assistant chief City of Miami Fire. There's a couple of purchases that we have to make that are out of our '04 Urban Area Security Initiative funding, which need to be initiated within the next month or couple of weeks because they have production time, and they're large pieces of equipment, and they're going to be coming off of this contract, so the production time is really what produces the problem and this vehicle gets us into the purchasing process quicker. City of Miami Page 76 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Commissioner Sanchez: Then why isn't it in front of us on an emergency basis, if it's so -- Vice Chairman Winton: Well, because we -- Commissioner Sanchez: -- time sensitive? Mr. Fernandez: Because it's not an emergency. Commissioner Sanchez: Yeah, but if it's so time sensitive and it's an emergency for this, why isn't it an emergency item? Mr. Marcos: It's not an emergency item because of the fact that we've -- Commissioner Sanchez: So you put -- Mr. Marcos: -- addressed that -- Commissioner Sanchez: So, once again, you put this legislative body against the fence on an item that, if we decide -- for whatever purposes policymakers saying, we don't have five Commissioners here to decide, then, you know, oh, if we don't get this equipment, we're going to lose the equipment. Mr. Marcos: Commissioner, we've -- I've -- I went ahead and identified the piggyback method as -- in the contracts as a way of addressing this. My job, I believe, is to make sure that if there is not a need for an emergency, that I can go ahead and present the most effective solution in front of you. That effective solution, as of right now, is to end up piggybacking off these contracts. Obviously, if there was -- if there wouldn't be a method of piggybacking off of contracts, we would be standing before you asking for an emergency. Commissioner Sanchez: All right. Well, I'm prepared to defer it to the PZ (Planning & Zoning) item -- our next PZ item, 4/27. Vice Chairman Winton: Move it. Commissioner Sanchez: All right. So moved to 4/27. Commissioner Spence -Jones: Second. Vice Chairman Winton: Got a motion and a second to 4/27. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. City of Miami Page 77 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 BOARDS AND COMMITTEES BC.1 05-00411 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Rick Walsh Vice Chairman Johnny Winton Robert Flanders Vice Chairman Johnny Winton Antonio Garcia Commissioner Joe Sanchez Karen Cartwright Commissioner Michelle Spence -Jones 05-00411 memo.pdf 05-00411 members.pdf 05-00411-resignation cabanas.pdf 05-00411-resignation Seijas.pdf 05-00411- resignation Loyal.pdf 05-00411 e-mail.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado R-06-0225 A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Regalado and Chairman Gonzalez absent, to appoint Rick Walsh, Robert Flanders, Antonio Garcia, and Karen Cartwright as members of the Parks Advisory Board. Vice Chairman Winton: OK. We can go to board appointments. Commissioner Spence -Jones: Wow, we're going to be done? Vice Chairman Winton: And Madam Clerk, you had a suggestion for us? Priscilla A. Thompson (City Clerk): Yes. In order to ex -- Vice Chairman Winton.: Would y'all listen up. Ms. Thompson: -- expedite the board appointments, the Commissioners may want to consider that they make their nominations first; that we get all the nominations, then we have one motion moving the nominations and then one on the vote, so we'll have one motion, one vote for all of the candidates for those boards. It'll be more efficient and run a little smoother. Commissioner Sanchez: All right. I'm prepared. Vice Chairman Winton: Rock. City of Miami Page 78 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Commissioner Sanchez: BC. 1, I would like to reappoint Sallye Jude and appoint Antonio Garcia. Vice Chairman Winton: Michelle. Commissioner Spence -Jones: Yes. On -- Commissioner Sanchez: Madam Clerk. Commissioner Spence -Jones: I'm sorry. Commissioner Sanchez: Hold on. Ms. Thompson: Just one thing. On the reappointment, Ms. Jude, she needs a five/five waiver because she has served the maximum eight term, so on her, we would have to have a full five vote on that. Commissioner Sanchez: All right, so let's pull her out for now, and we'll bring her up at the next meeting for appointment, as long as we have a five/five vote, so at this time, for the record, I would move to appoint Antonio Garcia for the Park Advisory Board. Commissioner Spence -Jones: OK. On BC.1, Park Advisory Board, I'd like to appoint Karen Cartwright. Vice Chairman Winton: And I would like to reappoint Rick Walsh and reappoint Bob Flanders. Commissioner Spence -Jones: OK. Commissioner Sanchez: All right. So move to appoint. Commissioner Spence -Jones: Well, I still have more. Vice Chairman Winton: All right, go ahead -- well, 1 think one group at a time. Commissioner Spence -Jones: You're going to do all of them? Commissioner Sanchez: Yeah. Vice Chairman Winton: One board grouping at a time. Ms. Thompson: One board at a time. Commissioner Spence -Jones: OK. Commissioner Sanchez: Oh -- Vice Chairman Winton: Yes -- Commissioner Sanchez: -- one board -- Vice Chairman Winton: -- so I need a -- Commissioner Sanchez: -- at a time, all right. City of Miami Page 79 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Vice Chairman Winton: That's right. Ms. Thompson: One -- Vice Chairman Winton: You got a motion; need a second. Ms. Thompson: Yeah. Commissioner Sanchez: Second. Vice Chairman Winton: No, you made the motion. Commissioner Sanchez: I mean, I made the motion. You need to second it. Commissioner Spence -Jones.' Second. Vice Chairman Winton: Got a motion and a second on BC. 1. All in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. BC.2 06-00069 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Yvonne McDonald Vice Chairman Johnny Winton Laura Rodriguez Vice Chairman Johnny Winton Sam Mason Commissioner Joe Sanchez Charles Flowers Commissioner Michelle Spence -Jones 06-00069 memo.pdf 06-00069 members.pdf 06-00069 nominations.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado R-06-0226 A motion was made by Commissoner Sanchez, seconded by Commisioner Spence -Jones, and was passed unanimously, with Commissioner Regalado and Chairman Gonzalez absent, to appoint Yvonne McDonald, Laura Rodriguez, Sam Mason, and Charles Flowers as members of the Equal Opportunity Advisory Board. Vice Chairman Winton: BC.2. City of Miami Page 80 Printed on 4/16/2006 City Commission Meeting Minutes April 6, 2006 Commissioner Sanchez: BC.2, 1 would like to reappoint Sam Mason, but I think he also needs a waiver. Priscilla A. Thompson (City Clerk): Mr. Sam Mason, no, he does not. Commissioner Sanchez: He does not? Ms. Thompson: No, but Mr. Dominguez does, if you were to re -- Commissioner Sanchez: No, Mr. Dominguez was not -- would not be reappointed, so therefore, Sam Mason is the name that I'm proffering. Vice Chairman Winton: OK. Commissioner -- Commissioner Spence -Jones: OK. Vice Chairman Winton: -- Spence -Jones. Commissioner Spence -Jones: I'd like to reappoint Charles Flowers to that board, BC.2. Vice Chairman Winton: And I would like to reappoint Yvonne McDonald and Laura Rodriguez. Commissioner Sanchez: All right. Madam Clerk, so move the names that have been proffered for -- Vice Chairman Winton: So you're making the motion? Commissioner Sanchez: Yes. Vice Chairman Winton: OK. Second. Commissioner Spence -Jones: Second. Vice Chairman Winton: Got a motion and a second. Discussion. Being none, all in favor, "aye. " The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. BC.3 06-00083 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ron Sands Commissioner Michelle Spence -Jones (For term ending April 6, 2007) City of Miami Page 81 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 06-00083 memo.pdf 06-00083 members.pdf 06-00083 applications.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado R-06-0227 A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Regalado and Chairman Gonzalez absent, to appoint Ron Sands as a member of the Urban Development Review Board. Vice Chairman Winton: BC. 3. Commissioner Sanchez. Commissioner Sanchez: I have no appointments there. Vice Chairman Winton: Commissioner -- Commissioner Spence -Jones: On -- Vice Chairman Winton: -- Spence -Jones. Commissioner Spence -Jones: -- BC. 3, I'd like to appoint Ron Sands, Mr. Ron Sands, for the UDRB (Urban Development Review Board). Vice Chairman Winton: And mine requires five fifths, so that's the only motion we'll get on this one. Commissioner Sanchez: So move. Vice Chairman Winton: And a second Commissioner Spence -Jones: Second Vice Chairman Winton: Got a motion and a second. Discussion. Being none, all in favor, "aye. The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. BC.4 06-00361 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: James Quinlan Vice Chairman Johnny L. Winton Maria Napoles Commissioner Joe Sanchez City of Miami Page 82 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Marvin Weeks Commissioner Michelle Spence -Jones 06-00361 memo.pdf 06-00361 members.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado R-06-0228 A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Regalado and Chairman Gonzalez absent, to appoint James Quinlan, Maria Napolies and Marvin Weeks as members of the Arts and Entertainment Council. Vice Chairman Winton: BC.4, Arts and Entertainment Council. Commissioner Sanchez: I would like to proffer the name of Maria Napoles. Priscilla A. Thompson (City Clerk): I'm sorry, didn't hear that. Commissioner Sanchez: Maria Napoles. Ms. Thompson: Thank you. Commissioner Sanchez: That's N-A-P-O-L-E-S. Vice Chairman Winton: Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. I just need clarity from the Clerk. I had already nominated Marvin Weeks, but I understand that you need me to renominate him? Ms. Thompson: On the Arts and Entertainment Council? Commissioner Spence -Jones: Yeah. Vice Chairman Winton: Yes. Commissioner Spence -Jones: Marvin Weeks. Ms. Thompson: No. I don't have that listed as a problem. Commissioner Spence -Jones: OK, so just -- OK. Vice Chairman Winton: So you're going to appoint him? Commissioner Spence -Jones: Yeah. He's already appointed. I just -- I thought there was an issue with him, but -- Ms. Thompson: No. Commissioner Spence -Jones: OK, that's fine. Ms. Thompson: Thank you. City of Miami Page 83 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Vice Chairman Winton: And I need to reappoint James Quinlan, and that's it? So we need a motion and a second. Commissioner Sanchez: So move. Commissioner Spence -Jones: Second. Vice Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. BC.5 06-00363 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Steven Baird Vice Chairman Johnny Winton Leroy Jones Commissioner Michelle Spence -Jones 06-00363 memo.pdf 06-00363 members.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado R-06-0229 A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Regalado and Chairman Gonzalez absent, to appoint Steven Baird and Leroy Jones as members of the Code Enforcement Board Vice Chairman Winton: BC. 5, Code Enforcement. Commissioner Sanchez. Commissioner Sanchez: I would defer my appointment at this time. Vice Chairman Winton: Commissioner -- Commissioner Spence -Jones: BC. 5 -- Vice Chairman Winton.' -- Spence -Jones. Commissioner Spence -Jones: -- I'd like to appoint Leroy Jones for the Code Enforcement Board. Vice Chairman Winton: And I'm going to reappoint Steven Baird. Need a motion and a second. City of Miami Page 84 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Commissioner Sanchez: So move. Commissioner Spence -Jones: Second. Vice Chairman Winton: We have a motion and a second Discussion. Being none, all in favor, "aye. The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. BC.6 06-00394 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: Daniel Davila 06-00394 memo.pdf 06-00394 members.pdf NOMINATED BY: Commissioner Joe Sanchez Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado R-06-0230 A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Regalado and Chairman Gonzalez absent, to appoint Daniel Davila as a member of the Community Technology Advisory Board. Vice Chairman Winton: And I've got one for the -- no, I'm going to defer that. Commissioner Sanchez: BC.6, is that the next one, Madam Clerk? Priscilla A. Thompson (City Clerk): Yes, it is. Vice Chairman Winton: Oh, I'm sorry. What is -- what -- where are we, BC.6? Commissioner Sanchez: BC.6 is Community Technology Advisory Board I have an appointment. Vice Chairman Winton: OK. Commissioner Sanchez: I would proffer the name of Daniel Davila. Vice Chairman Winton: And Commissioner Spence -Jones. Commissioner Spence -Jones: I don't have anyone at this point. City of Miami Page 85 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Vice Chairman Winton: So we need a motion from you. Commissioner Sanchez: So move. Commissioner Spence -Jones: Second. Vice Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed The motion carries. BC.7 06-00395 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: (Architectural Historian) (Alternate seat) (Architect) 06-00395 memo.pdf 06-00395 members.pdf 06-00395 applications.pdf 06-00395 Fernandez resignation.pdf DEFERRED Chairman Angel Gonzalez Chairman Angel Gonzalez Commissioner Tomas Regalado Vice Chairman Winton: BC. 7, no one here has anything, right? Priscilla A. Thompson (City Clerk): That's correct. Commissioner Spence -Jones: I have none. I have one. Ms. Thompson: No. There -- no, you don't, not on this one. Commissioner Spence -Jones: For BC. 7? Vice Chairman Winton: Yeah. Ms. Thompson: On BC. 7 -- Vice Chairman Winton: Angel, Angel, and Tomas. City of Miami Page 86 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Ms. Thompson: -- only -- right. Vice Chairman Winton: And I have one for the Coconut Grove BIC (Business Improvement Committee). Ms. Thompson: Let me just clear it up for you. No, Commissioner, you did not have an appointment. We have another set scheduled for May. You can always make any appointment you want to as a pocket item. Commissioner Spence -Jones: Oh, no. I'll just wait then. Ms. Thompson: OK Commissioner Spence -Jones: Um -hum. BC.8 06-00400 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: AFSCME Local 1907 06-00400 memo.pdf 06-00400 members.pdf 06-00400 nominations.pdf DEFERRED Vice Chairman Winton: What else do we have, Madam Clerk? Priscilla A. Thompson (City Clerk): BC.8. Vice Chairman Winton: BC.8, nominated by AFSCME (American Federal, State, County and Municipal Employees). Are they here? Is there an appointment? Is there a nomination? Priscilla A. Thompson (City Clerk): There's a list of nominations that were presented to you from AFSCME. Vice Chairman Winton: Where is that? Ms. Thompson: The names that were proffered -- Vice Chairman Winton: I think I -- OK. Do we have it? Ms. Thompson: Yes. Vice Chairman Winton: Could you get me a copy -- Ms. Thompson: OK. City of Miami Page 87 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Vice Chairman Winton: -- so I could look at it? Ms. Thompson: You have one appointment, but the list of names were proffered to you. Commissioner Sanchez: I'm not prepared to make a -- Vice Chairman Winton: Me neither. Commissioner Sanchez: -- appointment at this time. Vice Chairman Winton: You want to defer this? Ms. Thompson: OK. Do -- ? Commissioner Sanchez: Oh, yeah. Move to defer. Vice Chairman Winton: Michelle, second or you want to -- ? Commissioner Spence -Jones: Where are we, on BC.8? Vice Chairman Winton: BC.8. Commissioner Spence -Jones: Yeah, I'll support deferring it also because I'm -- Vice Chairman Winton: OK We have a motion and a second on deferral. Any other discussion? If not, all in favor "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed The motion carries. City of Miami Page 88 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 DI.1 06-00227 Office of Strategic Planning, Budgeting, and Performance DISCUSSION ITEM DISCUSSION ITEM PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: -HISTORICAL AND ENVIRONMENTAL PRESERVATION BOARD -HEALTH FACILITIES ADVISORY BOARD -MIAMI SPORTS AND EXHIBITION AUTHORITY -WATERFRONT ADVISORY BOARD -COMMUNITY RELATIONS BOARD 06-00227 Cover Memo.pdf 06-00227 Memo.pdf 06-00227 Memo 2.pdf 06-00227 Memo 3.pdf 06-00227 Board Report 1.pdf 06-00227 Board Report 2.pdf 06-00227 Board Report 3.pdf 06-00227 Board Report 4.pdf DISCUSSED Direction to the City Attorney by Commissioner Spence -Jones to review the ordinance establishing the Health Facilities Advisory Board Direction to the Administration by Vice Chairman Winton to come back within 60 or 90 days to present its recommendation for resolving the grievances of the Historic and Environmental Preservation Board. Direction to the City Manager and the Historical and Environmental Preservation (HEP) Board by Commissioner Spence -Jones to look at the feasibility of creating a mini -grant, made available through the Board, for homeowners in historic neighborhoods in an effort to preserve said neighborhoods. Note for the Record: Presentations were made by the following boards concerning their annual reports: Historical and Environmental Preservation, Health Facilities Advisory, Waterfront Advisory, and Community Relations. Vice Chairman Winton: OK Brenda. Community Relations Board, Brenda Shapiro. Would you -- ? We've kept you here long enough, and my apologies. I should have brought y'all up sooner. Brenda Shapiro: Thank you, Commissioner. I would just share with you that I'm supposed to be in a trial, and the judge, when he announced we would be convening at 10 o'clock, I had to inform him that 1 had another obligation at 9, and when he asked me what it was, and I told him it was the City of Miami Commission meeting, he said, trial will be at 1. Commissioner Regalado: Or at 4. Ms. Shapiro: I'm very proud to stand before all the members of the Commission to give the report of the Community Relations Board, a board that I served on for three years and had the pleasure of chairing for most of that time. I'm going to highlight three of the accomplishments of this board as just a small example of how extraordinary my colleagues are. In preparation for the FTAA (Free Trade Areas of the Americas) three years ago, this Community Relations Board City of Miami Page 89 Printed on 4/26/1006 City Commission Meeting Minutes April 6, 2006 created, recruited, and trained Goodwill Ambassadors. Who are the Goodwill Ambassadors? They are City of Miami employees -- and we're hoping to expand that to interested citizens and residents --- who serve as the liaison between large crowds at festivals, at political demonstrations. They are the bridge between the event, in some instances, the protesters, the police, and those who have gathered. They acquitted themselves with extraordinary service during the FTAA and earned the respect of this Commission, this Administration, and more important, of the Police Department of the City of Miami, who became their partners and turned to the Goodwill Ambassadors to assist in helping people protest peacefully, people demonstrate peacefully to reduce tensions at those kinds of events. They're an extraordinary group, and we're very proud of having created them, trained them, and marshalling them when asked by the Manager, the Commission, and the City of Miami Police Department. What else has my board done that they're very proud of? When I first came on, they were doing a -- an election polling place survey. Where were the polls that weren't truly serving the needs of the citizens? Where were the polls that were presenting continual problems in districts? I know the Commission does not have the power to delineate polls. That's a County function. This board assisted the Commission in identifying problem polling places in time for important elections, and helped the County address what was becoming a serious problem. The board did a study, part of our mandate. The board brought the message to the Commission, another part of our mandate, and accomplished what had been a growing problem in the City, and the third effort that I'd like to highlight for you is what this board accomplished in this last year. There was tension in Overtown. Habitat for Humanity had built wonderful housing, and not a single Overtown family had quaked for that housing, and the hostility between the residents of Overtown, understandably, and Habitat for Humanity, who really didn't understand the nature of the problem, was growing exponentionally. Working with the NET (Neighborhood Enhancement Team) Administration in Overtown, this board, who sits behind me, these extraordinary volunteers, held meetings in Overtown, set up a system where Overtown residents could be counseled in credit counseling in what it takes to qual5 for a Habitat house, and by the time they finished going every Wednesday morning to meet with residents and to meet with community organizations who could help those residents, for the first time, six Overtown families qualified -- Vice Chairman Winton: Wow. Ms. Shapiro: -- for Habitat housing, and Habitat is no longer the enemy of residents in Overtown, but the partner and the friends. I cite those three examples with great pride. Are we unique, which is what I'm asked to answer. You know we are. Is there another board in the City that does voluntarily what these 13 men and women representing every district, every community, every ethnic, racial, gender group -- this board is truly unique. There is no other like it. The Mayor told me today there's no other like it in the United States of America, and I don't think that's an exaggeration. Do we need to make some changes? Just one, and 1'd ask you to consider it, and Mr. City Attorney, it might take some of your very good thinking. This board falls under the Sunshine law. It has no power to allocate funds. It has no power to make decisions. It advises you, and there are times when the Sunshine law becomes so restrictive that our staff is overworked just getting messages one from the other. Please look into what kinds of boards, in fact, need to be under the Sunshine law. Under what circumstances can that law be bent just a little bit? Do we need state legislative change to look at the Sunshine law? The Community Relations Board thinks that we do. I would end my presentation to you by telling you the last question that you ask is should this board continue. Well, it certainly should. You certainly should continue the mandate you gave to this board in 1999. It works diligently to improve intergroup relations in our city. It works diligently to improve the life of the residents and the citizens of Miami. I call Miami, as you do, the magic city. I think it's a magic city because it's run by wizards like you, and in the best tradition of Harry Potter, I mean wizards, and I ask you to use that wizardry to make the only change we think is necessary. I thank you for your commendation this morning. I thank you for giving me three years of extraordinary experience as a volunteer in this city, and I ask my board members, who have remained, to please stand so that you can recognize each and every one of them for their extraordinary City of Miami Page 90 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 contributions. Thank you. Commissioner Sanchez: Thank you. Vice Chairman Winton: Thank you. Applause. Vice Chairman Winton: Brenda, thank you very much -- Ms. Shapiro: Thanks. Vice Chairman Winton: -- and thank you to the entire board. I think you all are doing just a terrific job, and we really are truly honored to have you all working on behalf of all the citizens of Miami, and just can't express enough how well you all are thought of so thank you very much. Ms. Shapiro: Thank you. Vice Chairman Winton: Let's see, I think we have Waterfront Advisory -- did I see Phillip Everingham in the audience? Then how about -- I understand John Matuska from Mercy is here on Health Facilities Advisory Board, is that correct? Oh, John. John Matuska: Good morning. My name is John Matuska, and I'm the chairperson of the Miami Health Facilities Authority. I'd like to present the annual report. The City of Miami Health Facilities Authority, known as the HFA, has been assisting health facilities, such as Mercy Hospital and the Miami Jewish Home and Hospital for the Aged in the acquisition, construction, financing and refinancing of hospital projects since 1979. In August of 2005, the HFA refinanced 25.8 million in revenue refunding bonds for the Miami Jewish Home and Hospital for the Aged The refinancing resulted in a savings of 1.5 million to that hospital. Please note that all the outstanding debt for bonds financed through the HFA are limited special obligations of the particular health facilities, and are not debts of the City or of the HFA. The board was created pursuant to Chapter 74-323, laws of Florida, acts of 1974, Chapter 154, Florida Statutes, Part III, and authorized by the Miami City Commission in 1979, specifically to assist health facilities to issue tax exempt bonds in order to secure interest costs and to assist with a mechanism for health facilities to acquire or construct, finance, and refinance projects within the City of Miami. There is no recommendation by the board to amend the ordinance at this time. The board's membership requirements should not be modified at this time. The HFA Board meets for an hour or two hours only when the need arises to assist with the acquisition, construction, financing, refinancing of hospital projects at no cost to the City of Miami or the board, and that's our annual report. Vice Chairman Winton: Thank you very much -- Mr. Matuska: Thank you. Vice Chairman Winton: -- John. Appreciate it. Commissioner Sanchez: Thank you, John. Vice Chairman Winton: Any questions or comments? Commissioner Spence -Jones: Yeah. Vice Chairman Winton: Michelle. City of Miami Page 91 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Commissioner Spence -Jones: Yeah. I do have -- I have a couple questions. Mr. Matuska: Sure. Commissioner Spence -Jones: So really, the board really only meets when there's particular projects that are taking place? Mr. Matuska: Yes, that's correct. Commissioner Spence -Jones: With -- 1'm sure you're aware of projects that we're working on, or at least trying to move in the direction of working on with University of Miami on the 7th Avenue side of it. Mr. Matuska: Yes. Commissioner Spence -Jones: I know you mentioned in your presentation that at this time, you really don't see a need to amend any of the ordinances -- or the ordinance itself regarding it. Wouldn't you think because of that major project coming on board, that that might -- we might need to take a look at it? Because let me just give you an example of my concern. Mr. Matuska: Um -hum. Commissioner Spence -Jones: I have -- we're all responsible for appointing people to this board, OK, and as a matter of fact, I think I have an appointee today on it, but one of the concerns that I'm constantly hearing is that the group doesn't really meet that often, and when people want to participate on boards, they want to be involved in doing something, so I just want to be clear -- you're saying that you don't feel we need to amend the ordinance; that it's OK the way that it is, but clearly, our city is growing and changing. It would seem as though there might be some changes that might need to be made to it because of the growth, especially in the area of what we're doing in the Civic Center, on 7th Avenue, you know, on 20th Street. That's a major project for us -- Mr. Matuska: Um -hum. Commissioner Spence -Jones: -- so I just wanted to get your thoughts on that before, you know, you close. Pete Chircut: Pete Chircut, with the Finance Department. Commissioner Spence -Jones: Um -hum. Mr. Chircut: Commissioner, if there is any change, it would be in an interlocal agreement with whatever organization there is there with the City. The ordinance at this time have everything actually what we need -- Commissioner Spence -Jones: Um -hum. Mr. Chircut: -- and that will take care of that part with the 7th Avenue and the Civic Center. Commissioner Spence -Jones: OK. Mr. City Attorney, I'd like to at least -- especially since that's a major project within my district that's coming up -- that's abutted by Commissioner Gonzalez's district -- I would definitely like to take a look at that ordinance, if we can -- Jorge L. Fernandez (City Attorney): Sure. City of Miami Page 92 Printed on 4/16/2006 City Commission Meeting Minutes April 6, 2006 Commissioner Spence -Jones: -- and also, with you, as the chair of it, you know. Mr. Matuska: Um -hum. Commissioner Spence -Jones: Just because --1 don't want to appoint people to boards and they're feeling like, you know, what's the use of being appointed to it if we're not going to be really working, and I think it is already hard enough to get people to participate on boards, and if they're not meeting and that's not happening, then they feel like it's a waste of their time, so I would -- if you don't mind -- if we could take a look at it, and maybe perhaps set up a meeting with you, and -- the both of you; it doesn't matter. I just want to make sure that if we have a board, let's utilize it properly and make sure we do the right thing for the citizens. Mr. Matuska: Sure. Be happy to do that, Commissioner. Vice Chairman Winton: OK. Any other questions? Thank you. Mr. Everingham. Waterfront Advisory Board. Phillip Everingham: Thank you, Commissioner. Commissioners, good morning. My name is Phil Everingham, chair of the Waterfront Advisory Board As you know, there have been a number of issues over the last year that have been occupying ours and the City's attention, some very important issues, specifically the three master plans that are now in process. 1 think Dinner Key is coming to a point where it'll be -- been finalized in the fairly near future, and hopefully, we'll have a chance -- we, the Waterfront Board, and along with the rest of the waterfront community will have an opportunity to have input to that process, but certainly, those three master plans have been of primary concern. The anchorage (UNINTELLIGIBLE) mooring field, which is going to be part of the Dinner Key master plan, we've had involvement with that. Certainly, the issue coming before you here later today, the Coral Reef Yacht Club, Biscayne Bay Yacht Club, we had two meetings on that. We have tried, over the course of last year, to be as proactive as possible on both the City's behalf and the waterfront's behalf on an area that's, quite frankly, of critical importance to all of us, including the City and its citizenry, specifically from two main standpoints, and that's the -- obviously, economic impact that the waterfront brings through the City and tourism and so forth, but also the concern, I guess, is that the working waterfront and boating access, access to the waterfront, are key issues that are certainly at this point very much up in the air and of a large concern because of "A, " the working waterfront is being converted more and more to condos, on the river particularly, boatyards are disappearing, marinas, and so forth; and number two, the access through the water by boaters, by the citizenry is very much of concern related to that as well, so all of these matters we have taken up. We have looked at every lease matter that's come before us. We have tried to be very proactive, and we'll continue to be as these master plans move forward, and you can rest assured that we're looking after the City's interest as well as the waterfront interest and the boating interest here in the community. Thank you. Vice Chairman Winton: Thank you, Phil. Any questions? Thank you, Mr. Everingham. Appreciate it -- Mr. Everingham: Thank you, Commissioner. Vice Chairman Winton: -- very much. Mr. Everingham: Appreciate it. "[Later...J" Vice Chairman Winton: OK. Could we get back to order, please? Mr. Parrish, you're here to give a report on what? You'll have to tell me. City of Miami Page 93 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Andy Parrish: Historic and Environmental Preservation Board. Vice Chairman Winton: There you go, Historic and Environmental Preservation Board DI. I. You're on, sir. Mr. Parrish: Thank you. My name is Andy Parrish. Sorry, I'm a little hoarse. I -- Vice Chairman Winton: Was going to say, you got a little cold. Mr. Parrish: -- caught the airport -- the airplane flu, as they say. I'm here on behalf of the Historic and Environmental Preservation Board, and -- which I chair along with my colleagues on that board. We meet once a month. Probably spending five hours at least each month going over tree removal issues, historic preservation, designation of historic properties, and also enforcement of historic guidelines in Miami's historic neighborhoods, which all Commissioners have these in their districts. I think we do a heck of a job. There are a couple of things I'd like to address to the Commission that I think need to be addressed. One is, I think the HEP (Historic and Environmental Preservation) Board is understaffed, and I want to make sure the Commissioners hear this. Vice Chairman Winton: I heard Mr. Parrish: OK Right now we have a preservation officer, who's Kathleen Kauffman, and we have one preservation planner, Provi (Providencia) Vasquez [sic], who do an incredible job, but -- and I know that in the budget there is an architectural -- an archeological staff person who's going to be added in the budget, but they desperately need one additional junior level person just to do some of the grunt work, like a junior preservation planner would significantly improve the performance of that board, so I hope the City Manager would consider that as a request for budgeting for that position. Now, one of the things that the HEP Board needs, above everything else, we spend five hours a month -- we do a number, as you know, of what are called Certificates of Appropriateness, whereby we say, you know, in each historic district, when there are violations, when there are changes done to houses -- historic houses that are not done with permits, it's the Historic Preservation Board that reviews the facts of the case and then says, you have to put that house back or whatever the order of the Certificate of Appropriateness is to restore the historic buildings back to where they were. The other thing where this comes up even more is in tree mitigation. Those come before the Historic Preservation Board especially in the Grove, and when a developer goes in and takes down trees without a permit, it's the Board that then says, you have to mitigate and put them back. There is no ever [sic] report that comes to the Board that says whether any of our Certificates of Appropriateness had been followed out. We've asked the staff to do that. They do not have the ability to give us such a report. Now, as we know -- Vice Chairman Winton: Because of staffing or something else? Mr. Parrish: I don't know whether it's because of staffing, but to actually follow up on the COAs (Certificates of Appropriateness) that the Board does is going to need somebody to go out to each and every one of the items and say, "Did you replace the trees or did you not? Did you take off you illegal shutters or did you not? Did you tear out the illegal driveway or did you not?" That is not happening, Commissioner, so in effect, what the Board is doing -- the good citizens of the Miami that respect the law will do it, but I can tell you as the -- I've been on the Board now for almost three or four years, and I've been the chair for the last year and a half -- you can tell the people who are not going to do what the Board says. They smile and say, "Great. See you later," and then they go out, and then we ask the -- our staff to follow up on it. They do not have the staff to do that. There is absolutely no follow-up on the COAs. City of Miami Page 94 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Vice Chairman Winton: Is the City Administration listening to this? Commissioner Spence -Jones: Hello? Vice Chairman Winton: Are y'all listening to this? Linda Haskins (Deputy City Manager/Chief Financial Officer): I apologize. Mr. Parrish: No, that's all right, Linda. Vice Chairman Winton: Well -- Mr. Parrish: I'm just saying that -- Vice Chairman Winton: -- because it's directed to you guys. Mr. Parrish: -- for our Board, which is increasingly valuable to the City because, you know, all the attention that's been put on trees and historic neighborhoods, that if the COAs, Certificates of Appropriateness, are not followed up with a report to the Board that their orders are actually being followed, all we're doing is being a rubberstamp for some of the -- for people -- Vice Chairman Winton: Bad guys. Mr. Parrish: -- who ignore all -- well, exactly. It gives them cover because they say, "Oh, the HEP Board is taking care of it," but with no follow-up, they just thumb their nose at the City and at the HEP Board and everybody else in their communities, and that -- Vice Chairman Winton: Just like -- Mr. Parrish: -- needs to be addressed. Vice Chairman Winton: Yeah. They ought to have something like an open code violation. I mean -- Ms. Haskins: I agree. I think that there are -- there's a review of the process for following up on a number of the issues, like this, where there are conditions on approvals. Vice Chairman Winton: Could you all then come back in 60 or 90 days and tell us what the recommendations are going to be for -- ? Ms. Haskins: Yes, we can. Vice Chairman Winton: Thank you. Mr. Parrish: OK. That would really make the Board members -- because more and more, Linda, we've been feeling that we're sitting up there rubberstamping some of the people who scoff laws in our communities, and it doesn't make it very exciting to come to the Board. Ms. Haskins: No, it's not -- it doesn't feel like it's -- Vice Chairman Winton: So, Andy, they'll come back -- Ms. Haskins: -- useful. Vice Chairman Winton: -- in 60, 90 days (UNINTELLIGIBLE). City of Miami Page 95 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Mr. Parrish: Thank you very much. I really appreciate the opportunity. It's been a pleasure and an honor to serve on this Board. It's a -- Vice Chairman Winton: Thank you. Mr. Parrish: -- very valuable Board Vice Chairman Winton: Thank you. Mr. Parrish: Thank you very much, on behalf of all my colleagues. Vice Chairman Winton: Great, thanks. OK, PH.7. Commissioner Spence -Jones: I had a comment on -- Vice Chairman Winton: I'm sorry. Yes, ma'am. Commissioner Spence -Jones: -- regarding his presentation. One of the things that -- and it won't be long -- you mentioned -- as you know, I'm a strong supporter of historic preservation. There's a huge issue of historic neighborhoods and the code violations that are associated with their buildings or their houses in that -- in those particular communities, and one of the things, for instance, in Spring Gardens and Buena Vista East Homeowner's Association has is with those neighborhoods there are a lot of you know, things that come attached to that. One of the things I asked the City Manager to do -- and I'm glad Linda is here, and maybe you can help us with this, and it was stated that there's a possibility for us to do this -- is if there's any way that we can work through the Affordable Housing Trust that we've created to provide some sort of mini grant for many of these homeowners in those areas that had brought these houses in historic neighborhoods, and things like replacing windows and doors, you know, it becomes extremely difficult for them to do that, and I can use, for instance, Buena Vista Heights -- I mean, Buena Vista East as an example. Many of those houses are homed by many Haitian Americans that have been there for years. You know, a lot of those elderly folks can't afford to -- and they're getting violation after violation after violation, and they're fearing that that's just a method to kind of move them out, so I'd like to see the Board itself and staff work on looking -- since that -- those funds are little bit more flexible, if we can create some sort of mini grant that maybe could be made available through the HEP Board to those homeowners in those areas to make sure that we preserve those neighborhoods, and I'd like to get your support on that and your feeling on it, and I'd like for Linda, if possible, to look into doing that. Mr. Parrish: Commissioner, that is the issue that's the most painful for the Board because a lot of low-income people have these historic homes. One thing, Johnny, I really want you to realize, just like the Waterfront, these historic districts are tourist attractions -- Commissioner Spence -Jones: Yes. Mr. Parrish: -- potential ones for the City -- Vice Chairman Winton: Yes. Mr. Parrish: -- but a lot of times the people who own the homes see them as nothing but a hardship because they have to come before the HEP Board; we make them put in more expensive windows or barrel tile where, you know, they don't have the money to do it, so to the extent the City thinks that historic districts are worthwhile, there should be some way of helping people to do what they'd like to do, but may not have the money to, and I absolutely love it that you brought that up, Commissioner. That is the most painful issue we ever had -- City of Miami Page 96 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Commissioner Spence -Jones: Thank you. Mr. Parrish: -- besides people who take down the trees and then ignore our orders. Commissioner Spence -Jones: Thank you. Mr. Parrish: Thank you. Mr. Haskins: We'11 be happy to work with the HEP Board. 1 agree totally. I -- you know, we know the -- you know, the southern part of the original homeownership zone in Model City. There's some incredible architecture there, and perhaps, with a combination of various City resources, we could set up a program to make sure that as these cases come before HEP — and there is a hardship in the family to gual j for some sort of assistance in this, OK, so we will be happy to do that. We'll just set up a process to make sure that we're funneling the applications through. OK. Commissioner Spence -Jones: Thank you, Linda. Mr. Parrish: I will follow up with you, Commissioner, and thank you. Commissioner Spence -Jones: No problem. Am I the only one on the dais? Vice Chairman Winton: No, I'm here. We're waiting on Joe. City of Miami Page 97 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 NA.1 06-00602 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RECOGNIZING AND DECLARING THAT (1) AMERICA IS A NATION OF IMMIGRANTS; (2) IMMIGRANTS CONTRIBUTE TO THE PROSPERITY OF OUR COUNTRY WITH THEIR HARD WORK; AND (3) MANY IMMIGRANT MEN AND WOMEN ARE ACTIVE MEMBERS OF THE UNITED STATES ARMED FORCES AND IN SOME CASES HAVE RISKED AND LOST THEIR LIVES IN DEFENSE OF THIS NATION; FURTHER PLEDGING SUPPORT OF THE LEGALIZATION, AND NOT THE CRIMINALIZATION, OF THE IMMIGRANTS IN THE UNITED STATES; URGING AND REQUESTING MEMBERS OF CONGRESS TO RECONSIDER HOUSE BILL 4437 AND INSTEAD ADOPTING THE SENATE JUDICIARY COMMITTEE'S BILL; BELIEVING THAT BY EMBRACING THE IMMIGRANTS IN THIS COUNTRY THE TRADITIONS, MORAL PRINCIPALS AND SPIRIT OF OUR FOREFATHERS CONTINUE TO BE RESPECTED; ACKNOWLEDGING THAT "TOGETHER WE ARE STRONGER TO MEET THE CHALLENGES AHEAD;" DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MEMBERS OF CONGRESS. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0214 A direction was made to the City Clerk by Commissioner Sanchez to foward to Washington, the Florida League of Cities, and the National League of Cities a copy of the resolution from the City urging members of Congress to reconsider House Bill 4437 and instead, adopt Senate Judiciary Committee's bill. Commissioner Sanchez: Mr. Vice -- Vice Chairman Winton: Commissioner Sanchez -- Commissioner Sanchez: -- Chair, could I -- Vice Chairman Winton: -- yes. Commissioner Sanchez: -- take my item out of the way, and it's going to -- Vice Chairman Winton: And by the way, I'd like to -- Commissioner Sanchez: -- be 15 minutes. Vice Chairman Winton: -- say also there's -- following yours, we're going to take the Historical Environmental Preservation Board report and Community Relations Board report immediately following Commissioner Sanchez, for those of you sitting in the audience. Commissioner Sanchez: Thank you. We do have two guests that are here today. We have Jose Lagos from Unidad Honduren"a, and we have Nora Sandino [sic], Unidad Nicaraguense, that are here. If you could please come up to each podium. Is Nora here? Jose Lagos: She's on her way, Commissioner. Good morning to everyone, and I have other City of Miami Page 98 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 groups, you know, the Florida Immigrant Coalition. Commissioner Sanchez: I -- Jose, 1 respectfully requested 15 minutes from the Chair, so we'll -- Mr. Lagos: No problem. Commissioner Sanchez: -- keep it to 15. My statements are going to be very brief. Mr. Lagos: Sure. Commissioner Sanchez: Vice Chair, colleagues, and everyone who's here, immigration is a very heated issue in Capitol Hill, and it has spilled into mainstream America and into our borders. I fully acknowledge the need for appropriate policies to control our borders of those millions of people who want to come to our great nation. Our nation's security should be a priority, and we should secure our borders; that I think everyone agrees. However, we must never close our doors to ambitious, creative, hardworking and decent law-abiding citizens that want to make this nation the nation that it is today. We are truly a nation of immigrants. Many individuals who live in this country; that have come to this country -- and I am a perfect example -- are people that are hardworking, people that have children that are born in this country, immigrants that have children that are fighting overseas in a war in this country, and 1 read an article in the New York Times, where a Lance Corporal marine, Santa Maria, came back, and he was wounded in the war, and he was, in California, sworn in, and he was so wounded that he couldn't get off of his chair, but still he found the strength to get up, and when they asked him, how did you manage? He said, well, I'm taking the oath to become a citizen, something that I worked very hard for and nearly lost my life, so it's just so many great success stories, and what better city than the City of Miami to showcase the challenges, trials and tribulation of modern immigration, so having said that, there are several bills in Washington right now that are being tossed back and forth, and I do have a resolution supporting one bill, which really gives an opportunity to legalize immigration, instead of criminalizing, as others want to do it, and that bill is the Kennedy -McCain Senate Judiciary Committee Bill that, after the speakers speak, I will introduce a resolution seeking support, asking the City Clerk that that resolution be sent to Washington, as well as the Florida League of Cities and the National League of Cities, so having said that, I want to recognize one of the speakers, Jose Lagos, from Unidad Honduren"a. Mr. Lagos: Yes. I think you mentioned everything, Commissioner Sanchez, and I think on our end, and I want to thank all the Commissioners and the Mayor Diaz, you know, for all your wonderful support. We have had a rallies, marches, and we want to commend the City of Miami police and yourselves and Bayfront Park. Everyone has been so wonderful. We have had peaceful demonstrations, a unified voice in support for the legalization and not the criminalization of our immigrants. I myself thank so much, and I really, I feel very blessed to be a resident of the City of Miami. I was undocumented over 20 years ago. I legalized my status. I'm American citizen through naturalization, and I'm a registered voter, and I live precisely in your district, Commissioner Sanchez, and our office, Honduran Unity, is in your district as well. We're so proud that you represent us so well, as many other Commissioner, Commissioner Regalado, Commissioner Winton, Commissioner Michelle Spence -Jones, but thank you for adopting this resolution, and it's going to send a message that we are not only a nation of immigrants, but a city of immigrants, as well, so thank you. God bless you, and really hope and pray that in the Senate our voices are heard as well, that it is adopted and approve the legalization of our immigrants, and I do recognize it's not only myself, Honduran Unity. We have Marlene Bastien of the Haitian American, and I would like -- Commissioner Sanchez: Absolutely. Mr. Lagos: -- briefly. City of Miami Page 99 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Commissioner Sanchez: Welcome, ma'am. Marlene Bastien: Good morning -- Commissioner Sanchez: Pleasure to have you here. Ms. Bastien: -- Commissioner Sanchez, Commissioners, Mayors, and guests. My name is Marlene Bastien, and I'm the executive director of FANM (Fanm Ayisyen Nan Miyami, Inc.), the Haitian Women of Miami, and also a member of the Florida Immigrant Coalition. I must tell you that what you're doing today may not look important to some, but for someone who has been fighting for the past 25 years for fair treatment for immigrants in this country, immigrants who contribute so much to making this country what it is today, immigrant which, at every turn, keeps their ends of the ballgame, and yet, over and over again, when it is time for them to be recognized for their contribution to this country, they are pushed down and over and over again, so what you're doing today is important. Why is it important? It is important because right here in our city we have families, and there are families living underground. They are scared They are afraid. These are people who were victimized and re -victimized again. Why? Because so many institutions, so many landlords, so many employers take advantage of them because they know how vulnerable they are. They know how vulnerable they are, so while all this dialogue is going on in Washington -- and I applaud you for bringing this to the floor because when they know, when they hear about what's happened here, when they know that we have leaders, we have officials who are concerned about the plights of not some, but all immigrants in this nation, believe me, they will take notice. We hope and we pray that this afternoon in the Senate, we will hear good news, and I'd like to commend all of you for voting for this resolution, and that everyone hears that here in the City of Miami, we decided to stand up for all immigrants. We decided to stand up for what is right, and I thank you. Commissioner Sanchez: Thank you so much. I think that's it. We don't have any more speakers. All right. Nora is not here, correct? Mr. Lagos: Nora, she will be here, but I -- Commissioner Sanchez: All right. Well, it's OK. I -- Mr. Lagos: OK Commissioner Sanchez: Mr. Vice Chair -- Vice Chairman Winton: Yes, please. Commissioner Sanchez: -- if you would allow me, could I introduce the motion, and then -- Vice Chairman Winton: Absolutely. Commissioner Sanchez: -- we'll get a second, and then we'll open it for discussion in the Commission. The resolution that I would like to present is a resolution of the City of Miami Commission recognizing, declaring that one, America is a nation of immigrants; two, immigrants contribute to the prosperity of our country with their hard work and many immigrants, men and women, are active members of the United States Armed Forces, and in some cases, have risked and lost their lives in defense of this nation. Further, pledging support of the legalization and not the criminalization of the immigrants in the United States, urging and requesting members of Congress to reconsider House Bill 4437 and instead adopt the Senate Judiciary Committee Bill; believing that by embracing the immigrants in this country, the tradition, moral, principles, and spirit of our forefathers continue to be respected; acknowledging that together we are stronger to meet the challenges ahead; directing the City Clerk to transmit a copy of this resolutions [sic] City of Miami Page 100 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 to members of Congress. So move. Commissioner Spence -Jones: Second. Vice Chairman Winton: We have a motion and a second. Discussion. If not, then all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed The motion carries. Commissioner Sanchez: Thank you -- Vice Chairman Winton: Thank you. Commissioner Sanchez: -- so much. Commissioner Spence -Jones: I just want to say this -- commend my colleague -- Commissioner Sanchez: Thank you. Commissioner Spence -Jones: -- for stepping out and really making this reso (resolution) happen. I mean, just having the vision to do it is outstanding, so -- Commissioner Sanchez: Well, thank you much. Commissioner Spence -Jones: -- and I'm glad to sit on the side of you. Commissioner Sanchez: This is by far the most fair bill that's being presented. There is a process -- if you have committed a crime, we don't want you in this country. If you go through a process of seven years, you pay a thousand dollars. You've got to be living here for seven years. There is a process. You go through that process. Once you go through a citizenship, then you pay another thousand dollars, and of course, there are exemptions, as the one that we stated. One, if your children were born here, you're entitled to be in this country. Second, if you go and fight a war, just like many have done in Vietnam, many have done in the wars that we've had in this nation, you deserve to be a US (United States) citizen, and to paint a brush across every immigrant who is a criminal is not right. Many hardworking people that come here doing jobs that no one else will do. I don't see too many people -- other people than immigrants -- picking tomatoes and picking avocadoes in the Redlands, and 1 go down there every weekend with my family, so I just wanted to state that for the record, and it is a very hot issue. Many elected officials are staying on the fence. 1 think the good elected officials are the ones that need to take a position, whether they agree or not agree with you. I think at the end of the day, it's about democracy in its best form and respecting other people's opinion. God bless you and God bless this great nation of ours. Vice Chairman Winton: Thank you, Joe. Applause. NA.2 06-00604 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A MEMBER TO THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE. City of Miami Page 101 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 APPOINTEE: NOMINATED BY: Eduardo Durazo Vice Chairman Johnny Winton Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado R-06-0224 A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Regalado and Chairman Gonzalez absent, to appoint Eduardo Durazo as a member of the Coconut Grove Business International Council. Vice Chairman Winton: Commissioner Sanchez, would you do this for me? I'd like to -- you to move Eduardo Durazo. Commissioner Sanchez: For what? Priscilla A. Thompson (City Clerk): On what? Vice Chairman Winton: To the Coconut Grove BIC (Business Improvement Committee) Board Commissioner Sanchez: So move. Vice Chairman Winton: Michelle, could you second that, please? Commissioner Spence -Jones: Second Vice Chairman Winton: Thank you, ma'am. We have a motion and a second. Any discussion. If not, all in favor, "aye. " The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed The motion carries. NA.3 06-00605 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER, THROUGH THE DEPARTMENTS OF POLICE, CODE ENFORCEMENT AND ANY OTHER PERTINENT DEPARTMENTS, TO CREATE A PROGRAM TO COMBAT ILLEGAL DUMPING ACTIVITY, INCLUDING ESTABLISHING A REWARD FOR THOSE WHO REPORT ILLEGAL DUMPING ACTIVITY, MODELING SAID PROGRAM AFTER MIAMI-DADE COUNTY'S PROGRAM. Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado R-06-0221 City of Miami Page 102 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Commissioner Sanchez: Pocket items, I believe. Commissioner Spence -Jones has a pocket item. Commissioner Spence -Jones: Yes. You should have a copy of it already. Basic -- Commissioner Sanchez: So do 1. Commissioner Spence -Jones: OK, good. Basically, it's a resolution to the City Commission directing the City Manager, through the departments of Police and Code Enforcement to create a program to combat illegal dumping activity, including establishing a reward for those who report illegal dumping One of the things I wanted to at least mention on this before we vote is the County has a pretty successful illegal dumping program that's operating already, and one of the questions that I asked when I came on board was, was there any award systems available to kind of catch these people from dumping. 1 have a lot of dumping going on in Little Haiti, a lot going in Overtown and a lot going on in Liberty City, and I just found out two days ago just by riding around in the County that they have an official program that already does it, so I would like to make sure that we offer the same thing to kind of put the control back into the neighbors to find these people that are dumping, so I'd like to direct the City Manager and the Police Department for us to activate a program like that for the whole City. Vice Chairman Winton: So -- Commissioner Sanchez: Citywide. Commissioner Spence -Jones: Yes. Vice Chairman Winton: -- and 1 might make a recommended change here, where you're directing them to create a program to combat illegal dumping, and I would add in that to consider modeling the program after the County's if they feel appropriate -- Commissioner Spence -Jones: OK Commissioner Sanchez: All right. Vice Chairman Winton: -- so that you give them direction. Commissioner Spence -Jones: OK. Commissioner Sanchez: I second with the amendment. Vice Chairman Winton: With the amendment, so we have a motion and a second on an amended resolution. Any other comments? If not, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. NA.4 06-00606 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PROVIDING SUPPORT, IN THE AMOUNT NOT TO EXCEED $19,947.50, TO THE MIAMI BOYS BASEBALL ACADEMY, FOR THE JOSE MARTI PARK BASEBALL PROGRAM; ALLOCATING FUNDS FROM DISTRICT 3 ACCOUNT NO. 110126.580342.6.996. City of Miami Page 103 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado R-06-0222 Vice Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chair -- Vice Chair. I have two resolutions that I'd like to introduce for your approval. It's a resolution of the City of Miami Commission providing support, in the amount not to exceed $19, 947.50 from the District 3 account number 110126.580342.6996 to the Miami Boys Baseball Academy, for the Jose Marti baseball program. So move. Commissioner Spence -Jones: Second Vice Chairman Winton: Got a motion and a second. Discussion. If not, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. NA.5 06-00607 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PROVIDING SUPPORT, IN THE AMOUNT NOT TO EXCEED $1,000, TO AMIGOS FOR KIDS, TO HELP IN RENTAL OF THE GUSMAN THEATER FOR THE APRIL 18TH EVENT FOR INNER CITY CHILDREN OF MIAMI; ALLOCATING FUNDS FROM DISTRICT 3 SPECIAL EVENTS ACCOUNT NO. 001000.921054.6.289. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado R-06-0223 Commissioner Sanchez: My other item is a resolution in support of a thousand dollars -- not to exceed a thousand dollars from my district account -- special events account to Amigos For Kids, to help in rental of the Gusman Theater for the April 18 event for inner-city children of Miami. So move. Commissioner Spence -Jones: Second. Vice Chairman Winton: Got a motion and a second Any other discussion. If not, all in favor, "aye. The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. Is that it? Commissioner Sanchez: That's it. Vice Chairman Winton: Madam Clerk. Ciry of Miami Page 104 Printed on 4/26/2006 City Commission Meeting Minutes April 6, 2006 Priscilla A. Thompson (City Clerk): That's it. Commissioner Sanchez: Move to adjourn. Vice Chairman Winton: Second. All in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: We are adjourned Thank you very much. City of Miami Page 105 Printed on 4/26/2006