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Home My WebLink AboutCC 2006-05-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us '. \ Or. t ` s:>� {* 0 IMCORP�GROTED 16m95 `.... '. is Meeting Minutes Thursday, May 11, 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 May 11, 2006 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City of Miami Page 2 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gonzalez, Vice Chairman Winton, Commissioner Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the llth day of May 2006, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Angel Gonzalez at 9:22 a.m., recessed at 12:05 p.m., reconvened at 2:37 p.m., and adjourned at 4:31 p.m. Note for the Record: Commissioner Sanchez entered the meeting at 10:04 a.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Joe Arriola, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chairman Gonzalez: Welcome to the May 11, 2006 meeting of the City of Miami Commission in this historic chambers. The members of the City Commission are Joe Sanchez, Tomas Regalado, Michelle Spence -Jones, Johnny Winton, Vice Chairman, and me, Angel Gonzalez, Chairman. Also on the dais are Joe Arriola, the City Manager, Jorge Fernandez, the City Attorney, and Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by Commissioner Regalado and a pledge of allegiance by Commissioner Winton. Prayer and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 06-00785 CEREMONIAL ITEM Name of Honoree National Tourism Week Commuter Challenge Day Brenda J. Dawson City of Miami Fire Rescue Honorees Lieutenant Ernesto Villa Lieutenant Jeffrey Fitzgerald Fire Fighter Luis Perez Lieutenant Robert Hevia Fire Fighter Julie Padelford-Jansen Fire Fighter Nicholas Wohl Lieutenant James Paugh Lieutenant Carlos Garcia Fire Fighter Toriano lrizzary 06-00785 Cover page.pdf 06-00785 Protocol List.pdf PRESENTED Presenter Mayor Diaz Commissioner Winton Commissioner Spence -Jones Fire Chief Bryson Fire Chief Bryson Fire Chief Bryson Fire Chief Bryson Fire Chief Bryson Fire Chief Bryson Fire Chief Bryson Fire Chief Bryson Fire Chief Bryson Protocol Item Proclamation Proclamation Distinguished Public Servant Peer Recognition Award Peer Recognition Award Peer Recognition Award Peer Recognition Award Peer Recognition Award Peer Recognition Award Peer Recognition Award Peer Recognition Award Peer Recognition Award I. Mayor Diaz presented a proclamation to the Miami Fire Rescue Department for their faithful and loyal devotion to their responsibilities to provide critical front line, life-saving assistance to preserve the security of all Miamians, in recognition of the 33rd Annual Emergency Medical Services Week; further, declaring May 14 - 20 City of Miami Fire Rescue EMS Week. Assistant Fire Chief Allen Joyce presented Peer Recognition Awards to the following City of City of Miami Page 3 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Miami Fire Rescue honorees: Lieutenant Ernesto Villa, Lieutenant Jeffrey Fitzgerald, Fire Fighter Luis Perez, Lieutenant Carlos Garcia, Lieutenant James Paugh, and Fire Fighter Toriano Irizzary. 3. Mayor Diaz presented a proclamation to William Talbert of the Greater Miami Convention and Visitors Bureau in honor of National Tourism Week; further, the Greater Miami Convention and Visitors Bureau presented a plaque to the City of Miami in recognition of its leadership and support of the success of travel and tourism. 4. Vice Chairman Winton presented a proclamation to Melissa Vigues, on behalf of South Florida Commuter Services of the Florida Department of Transportation, in honor of Commuter Challenge Day, Thursday, May 18, 2006. 5. Commissioner Spence -Jones recognized Brenda J. Dawson, principal of Shadowlawn Elementary, as a Distinguished Public Servant, in recognition of her hard work and dedication at said school. Chairman Gonzalez: We will now have some presentations and proclamations. Mr. Mayor, 1 think you have a proclamation. Presentations made. MAYORAL VETOES NO MAYORAL VETOES Chairman Gonzalez: Madam City Clerk, do we have any mayoral vetoes? Priscilla A. Thompson (City Clerk): We do not. Chairman Gonzalez: We do not. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice Chairman Winton, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Motion by Vice Chairman Winton, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Chairman Gonzalez: We -- I need a motion to approve the Planning & Zoning meeting of Sept -- the minutes of the Planning & Zoning meeting of September 25, 2003. Vice Chairman Winton: So moved. Commissioner Regalado: Second. Commissioner Spence -Jones: Second. City of Miami Page 4 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Also, we need to approve the minutes of the regular meeting of April 6, 2006. Vice Chairman Winton: So moved. Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: And the special meeting of April10, 2006. Vice Chairman Winton: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Priscilla A. Thompson (City Clerk): Chair, if I might just call to your attention because this, for us, is a monumental occasion. If you noticed, you did have one set of minutes that was out on 2003. 1 just wanted to share with you that since we have been in Legistar mode, we have been able to keep current, and now we are current with all of the verbatim minutes for the City of Miami Commission, and I just had to share that with you all today. Chairman Gonzalez: Thank you. That's good news. ORDER OF THE DAY Chairman Gonzalez.: We will now begin the regular meeting, and the City Attorney will state the procedure to be followed during this meeting. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Any person who is a lobbyist must register with the City Clerk before appearing in front of the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material in connection with each item appearing on the agenda is available for inspection during business hours at the City Clerk's office and on-line at www.miamigov.com. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four -fifth vote. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely no cell phones, beepers, or other audible sounds or ringing devices are permitted in the Commission chambers. Please silence those now. Any person making impertinent or slanderous remarks, or who becomes unruly while addressing the Commission, shall be barred from further attending Commission City of Miami Page 5 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 meetings unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping applauding, heckling, or verbal outburst in support or opposition to a speaker or Commissioner are allowed. No signs or placards are allowed in the chambers. Persons exiting the Commission chambers shall do so quietly. Persons may address the City Commission on items appearing on the public hearings portion of the agenda and on items where public input is solicited. Persons wishing to speak should inform the City Clerk as soon as possible of the desire to speak, giving the Clerk their names. At the time the item is heard, person who will speak should approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered precisely at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the regularly scheduled agenda, whichever occurs first. The items will be heard in the numbered sequence as they appear on the agenda, except for PH.4 and PH. 5. These are the items related to Hammes, on which the City Commission has invited an outside attorney to come and speak to you on that matter, so PH.4 and PH.5 will take place at 11 o'clock, or soon thereafter, as the same can be heard, and that -- that's it, Mr. Chairman. Chairman Gonzalez: Thank you, Mr. City Attorney. [Later.. J Chairman Gonzalez: That concludes the -- Barbara Gomez -Rodriguez (Director, Community Development): Thank you very much. Chairman Gonzalez: -- public hearing section of the agenda. Do you want to break for lunch and come back at 2:30 -- Vice Chairman Winton: No. Chairman Gonzalez: -- or 2 o'clock? No? Vice Chairman Winton: No. Well, not if we don't have to. I mean, we -- the CRA (Community Redevelopment Agency) agenda's got three items, and I don't know what else we have here. Chairman Gonzalez: Well, we have three items. We can -- if you want to do that, we can defer the board appointments, but remember that we have to take the CRA -- Vice Chairman Winton: Right. Chairman Gonzalez: -- agenda. Vice Chairman Winton: Which is only three items. Chairman Gonzalez: It's only three items. Vice Chairman Winton: Yeah. Ms. Thompson: You do have a P&Z (Planning & Zoning) item. Chairman Gonzalez: And we have one P&Z, which is the -- Vice Chairman Winton: What's the P&Z? City of Miami Page 6 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: -- Virginia Key. Commissioner Spence -Jones: And we have board appointees, I thought. Commissioner Sanchez: Oh, no, we could do that in the afternoon. Vice Chairman Winton: Oh, the P& -- OK. Well, I guess we have to come back then. Commissioner Sanchez: Huh? Commissioner Spence -Jones: Yeah. Chairman Gonzalez: All right. Vice Chairman Winton: I was going to try to do it now, but -- Commissioner Sanchez: Afterwards. Chairman Gonzalez:: Let's break, then, for lunch and we'll be back at 2: 30 -- Vice Chairman Winton: OK. Chairman Gonzalez: -- and we should be out of here by -- Vice Chairman Winton: 3:30. Chairman Gonzalez: -- 3:30. Commissioner Sanchez: By 2..48. Chairman Gonzalez: By 2:48. Vice Chairman Winton: Yeah. Chairman Gonzalez: Thank you. Commission stands in recess. CONSENT AGENDA CA.1 06-00621 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police CONTINUED FUNDING OF THE MIAMI POLICE EXPLORERS PROGRAM, IN AN AMOUNT NOT TO EXCEED $23,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 06-00621 Legislation.pdf 06-00621 Summary Form.pdf 06-00621 Affidavit .pdf 06-00621 Memo .pdf 06-00621 Memo 2.pdf 06-00621 Explorer Program Budget .pdf 06-00621-Summary Fact Sheet.pdf City of Miami Page 7 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0260 CA.2 06-00622 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE IN COMPENSATION FOR Improvement THE PROFESSIONAL SERVICES OF EDWARDS & KELCEY, INC., Programs/Transpor PREVIOUSLY APPROVED BY RESOLUTION NO. 03-256, ADOPTED MARCH tation 27, 2003, AMENDED BY RESOLUTION NO. 04-0107, ADOPTED FEBRUARY 26, 2004, FURTHER AMENDED BY RESOLUTION NO. 05-0080, ADOPTED FEBRUARY 10, 2005, FOR THE DESIGN OF THE BICENTENNIAL PARK SHORELINE STABILIZATION PROJECT ("PROJECT"), IN AN AMOUNT NOT TO EXCEED $10,000, FROM $908,948 TO $918,948, BASED ON THE MODIFIED SCOPE OF SERVICES FOR ADDITIONAL PROFESSIONAL SERVICES REQUIRED FOR THE PREPARATION, COORDINATION AND PRESENTATION OF A FLORIDA INLAND NAVIGATION DISTRICT GRANT PACKAGE, FOR THE PROJECT -PHASE III CONNECTOR PORTION OF THE PROJECT; ALLOCATING FUNDS FOR SAID INCREASE, IN A TOTAL AMOUNT NOT TO EXCEED $10,000, FOR SERVICES AND EXPENSES INCURRED BY THE CITY OF MIAMI, FROM CAPITAL IMPROVEMENT PROJECT NO. 331418, ENTITLED "BICENTENNIAL PARK IMPROVEMENTS;" AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL WORK ORDER AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; AMENDING RESOLUTION NO. 03-256, AS AMENDED, TO REFLECT SAID INCREASE REQUIRED FOR SAID PROJECT. 06-00622 Legislation .pdf 06-00622 Exhibit 1 .pdf 06-00622 Exhibit 2 .pdf 06-00622 Summary Form.pdf 06-00622 Detailed Revenue & Expenditures.pdf 06-00622 PSA.pdf 06-00622 Corporate Resolution.pdf 06-00622 Pre-Legislation.pdf 06-00622 Master Report.pdf 06-00622 Master Report 2.pdf 06-00622 Pre Iegislation.pdf 06-00622 Pre legislation 2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0261 CA.3 06-00624 RESOLUTION City of Miami Page 8 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING Capital RESOLUTION NO. 05-0462, ADOPTED JULY, 28, 2005, TO MODIFY THE Improvement FUNDING SOURCES ALLOCATED FOR THE CONTRACT WITH Programs/Transpor SOUTHEASTERN ENGINEERING CONTRACTORS, INC. ,FOR THE tation PROJECT ENTITLED "FLAGAMI/WEST END STORM WATER PUMP STATION NOS. 1, 2, 3 AND 4 AND FAIRLAWN STORM SEWER PUMP STATION PROJECT, PHASE IIA, B-50696 AND B-50702, ALLOCATING FUNDS FOR SAID PURPOSE, FROM CAPITAL IMPROVEMENT PROJECT NOS. B-50696 AND B-50702. 06-00624 Legislation.pdf 06-00624 Summary Form.pdf 06-00624 Master Report.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0262 CA.4 06-00647 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY LUIS LOPEZ, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $80,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF LUIS LOPEZ VS. WADE ORNER, ET AL., CASE NO. 05-20399-CIV-LENARD, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 06-00647 Legislation.pdf 06-00647 Cover Memo.pdf 06-00647 Budget.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0263 CA.5 06-00649 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION TERMINATING THE Police CONTRACT WITH MARTIN'S LAMAR UNIFORMS, FOR THE PROVISION OF UNIFORMS AND ACCESSORIES (GROUP 1), FOR THE DEPARTMENT OF POLICE, PURSUANT TO RESOLUTION NO. 04-335, ADOPTED MAY 27, 2004, AMENDED BY RESOLUTION NO. 05-188, ADOPTED MARCH 24, 2005, FURTHER AMENDED BY RESOLUTION NO. 05-562, ADOPTED SEPTEMBER 22, 2005; AWARDING THE BID IN ITS ENTIRETY TO HARRISON UNIFORMS, UNDER THE SAME PRICES, TERMS AND CONDITIONS PURSUANT TO BID NO. 03-04-009. City of Miami Page 9 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 06-00649 Legislation.pdf 06-00649 Summary Form.pdf 06-00649 Letter.pdf 06-00649 Back-up Document.pdf 06-00649 Back-up Document 2.pdf 06-00649 Text File Report.pdf 06-00649 Text File Report 2.pdf 06-00649 Text File Report 3.pdf 06-00649 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0264 CA.6 06-00651 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AMENDING CAPITAL PROJECTS APPROPRIATIONS Improvement RESOLUTION NO. 05-0689, ADOPTED NOVEMBER 17, 2005, AS Programs/Transpor AMENDED, TO REVISE CURRENT APPROPRIATIONS, INCLUDING tation HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS, AMONG APPROVED PROJECTS AND APPROPRIATE NEW FUNDING. 06-00651 Legislation .pdf 06-00651 Exhibit.pdf 06-00651 Summary Form.pdf 06-00651 Master Report.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0265 CA.7 06-00659 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT EIGHT (8) RIGHT-OF-WAY DEEDS OF DEDICATION, FOR HIGHWAY PURPOSES, AND MIAMI-DADE COUNTY, FLORIDA ("COUNTY"), RESOLUTION NO. R-1252-05, ADOPTED NOVEMBER 3, 2005, DESIGNATING AND DECLARING A PORTION OF COUNTY -OWNED PROPERTY ALONG NORTHEAST 80TH STREET, MIAMI, FLORIDA, AS A PUBLIC ROAD RIGHT-OF-WAY; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF THE COUNTY. City of Miami Page 10 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 06-00659 Legislation.pdf 06-00659 Exhibit.pdf 06-00659 Exhibit 2.pdf 06-00659 Exhibit 3.pdf 06-00659 Exhibit 4.pdf 06-00659 Exhibit 5.pdf 06-00659 Exhibit 6.pdf 06-00659 Exhibit 7.pdf 06-00659 Exhibit 8.pdf 06-00659 Exhibit 9.pdf 06-00659 Exhibit 10.pdf 06-00659 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0266 CA.8 06-00679 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY OMAR MORALES, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $50,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF OMAR MORALES, ET AL VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 03-07750 CA (23), UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.653. 06-00679 Legislation .pdf 06-00679 Cover Memo .pdf 06-00679 Budget .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0267 Adopted the Consent Agenda Motion by Vice Chairman Winton, 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 Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez END OF CONSENT AGENDA City of Miami Page ! t Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: All right. Now we're going to go into the consent agenda. Are there any items that any of the Commissioners wish to pull for discussion or continuance? Hearing none, let's move on to the consent agenda. Vice Chairman Winton: Move it. Chairman Gonzalez: OK. We have a motion on the -- Commissioner Spence -Jones: Second. Commissioner Regalado: Second. Chairman Gonzalez: -- consent agenda, and we have a second. All in favor, say "a The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City of Miami Page 12 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 PERSONAL APPEARANCE PA.1 06-00665 DISCUSSION ITEM MR. WILLIAM D. TALBERT, PRESIDENT & CEO OF THE GREATER MIAMI CONVENTION & VISITORS BUREAU TO ADDRESS THE COMMISSION TO PRESENT A BRIEF UPDATE ON THE STATE OF THE VISITOR INDUSTRY. 06-00665 Letter.pdf DISCUSSED Chairman Gonzalez: Now we go into personal appearance. 1 think Mr. William Talbert was already here, wasn't he? Vice Chairman Winton: Right. Chairman Gonzalez: OK. City of Miami Page 13 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 VICE CHAIRMAN JOHNNY L. WINTON D2.1 06-00800 DISCUSSION ITEM DISCUSSION CONCERNING THE MIAMI CHILDREN'S MUSEUM. 06-00800 E-mail.pdf MOTION A motion was made by Vice Chairman Winton, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Sanchez absent, to direct the City Attorney to work with City staff to bring back in 30 days both impediments and recommended solutions regarding the charter school proposed for the Miami Children's Museum. Chairman Gonzalez: Let's go to -- the Mayor doesn't have anything in his pages. Vice Chairman. Vice Chairman Winton: Yes. I have two items. The first one is concerning the Miami's Children -- Miami Children's Museum, and as you know, I think, for -- jeez, I don't know, 18 months, 24 months, it's been some time now. The Miami Children's Museum has been working to establish a charter school at the Miami Children's Museum, a charter school for children at the Miami Children's Museum. It seems relatively consistent to me, children to children, but sometimes there's issues, and so what we want to do today -- I have representatives of the Miami Children's Museum. I think what we want to do today -- and for your benefit, I met with the City Attorney before the Commission meeting to talk to him about some of the remaining issues, and 1 think we have -- I think I have a clear view of where I want to go. I'm going to ask my fellow Commissioners' support in requiring the City Attorney to work with City staff to come back in 30 days with any issues that we may have, including corrective recommendations, so that we can move the process forward with all due haste to get the charter school in operation at the Miami Children's Museum, and would you like to make a comment, madam? Adrienne Pardo: We would love that. Thank you very much, Commissioner. Just for the record, my name is Adrienne Pardo, and I'm president of the board of the directors for the Miami Children's Museum. My address is at 1221 Brickell Avenue. We would love that. We want to work with the City. It's going to be an incredible opportunity for the children of the City of Miami, and it's a great location. It's a charter school that's free for the children. There's no cost involved, and the only thing we would also ask is perhaps that when these items come back -- think you said in 30 days. We have been informed by staff that a lease amendment -- because the museum is located on City property, and we really appreciate that, and we have a lease with the City and MSEA (Miami Sports & Exhibition Authority), and that staff has said that we need to do a lease amendment, so we would just request that perhaps that lease amendment could come forward at the same time. That would be great. City of Miami Page 14 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Vice Chairman Winton: I think that'd be a great request because -- if you bring the lease amendment forward at the same time, if there happens to be some major impediment that determines that this doesn't work -- and I'm going to be struggling to find that, by the way, because I've been through this now a bunch of times -- we don't have to sign the lease amendment, but if we bring it forward, at least it's a part of the process moving forward, and we don't have to go back; start all over with the amendment, and blah, blah -- so that -- what I would like to do is move the lease amendment on a parallel track with everything else. We won't sign the lease amendment until we get all the details put together. Laura Billberry: Lori Billberry, Public Facilities. I'm not sure if that first has to go to the MSEA board, so I just wanted to bring that to the attention that I have to defer to Legal of whether or not it has to go to -- Vice Chairman Winton: OK. Ms. Billberry: -- the board first, and also, we would want to include in that the modification to the boundaries that we had previously been discussion. Ms. Pardo: We're happy to do that. Ms. Billberry: OK. Ms. Pardo: We definitely are. We just need -- Vice Chairman Winton: There you go -- Ms. Pardo: -- to see -- Vice Chairman Winton: -- so I think this in everyone's best interest. The primary issue here appears to be State regulations regarding distance for liquor licenses, and both the museum folks and us all agree no one wants to upset any of the predetermined applecart out there, but there are ways to solve all these problems, and I'm just looking for us to begin now to finally solve the problems through whatever mechanism we need, so that we don't upset the applecart, but we do allow for the children's charter school to open in the Children's Museum, so I would make that motion to direct the City Attorney to work with staff to bring back both impediments and recommended solutions to impediments in 30 days. So move. Commissioner Regalado: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye ,, The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Ms. Pardo: Thank you very much. Vice Chairman Winton: Thank you. Ms. Pardo: Really appreciate it. D2.2 06-00807 DISCUSSION ITEM DISCUSSION CONCERNING THE COUNTY'S ATTEMPT TO TAX MIAMI RESIDENTS OR BUSINESSES FOR THE PORT TUNNEL. City of Miami Page 15 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 06-00807 E-mail.pdf MOTION A motion was made by Vice Chairman Winton, seconded by Commissioner Regalado, and was passed unanimously, to direct the City Attorney to perform the research necessary to determine the City's rights and options to prevent Miami -Dade County from imposing a new tax on City residents to pay for the proposed port tunnel, to be brought back at the next Commission meeting, currently scheduled for May 25, 2006. Chairman Gonzalez: D.2 [sic]. Vice Chairman Winton: I don't know if you all -- I'm sure you've all read in the newspaper already that Miami -Dade County -- this is going to take me a little longer because I can't resist. Back when the voters voted on a half -penny sales tax, one of the most visible items that was used in the pitch to get City of Miami voters to approve this was, in fact -- and it was used out there a lot -- that was a tunnel, downtown tunnel linking Brickell to downtown, and the County priced that tunnel at 255 million, and you have all heard me say this before, shortly after the vote passed, I got a call from senior people over at the County, and they said, "Look, why don't you fast -track this? This is something 1 think we can get done. It's highly visible. We could get it done quickly," and I don't know, some political stuff happened, and it kind of died down, and then I woke up one day and tried to resurrect it, and the County Manager said, "What are you talking about? There's no tunnel in this thing. It's a bridge." Well, we had -- he and I had a long battle over that, and they finally agreed it was, in fact -- Commissioner Regalado: It's a river crossing. Vice Chairman Winton: Yeah, a river crossing, which meant it could be anything, including -- Commissioner Regalado: A raft. Vice Chairman Winton: -- a bridge, right? Commissioner Regalado: A raft. Vice Chairman Winton: And so, let's see, we're going to put another bridge between two bridges that already open simultaneously, damn near, so let's put another one in there so we have three of them that can open at the same time. That made a lot of sense. Chairman Gonzalez.: Very brilliant. Vice Chairman Winton: Try to fast forward a bit. Ultimately, the County agreed that they would fund the consultant that would do the feasibility study. That feasibility study came in about a month ago. Six weeks ago, I met with the consultants, and I sat in that meeting stewing like you can't believe, but decided that maybe there was some merit to what he was saying, and I set it on the back of the shelf here so I could think about it. I didn't say anything, and I'll tell you now, it's been six weeks, and I've thought about it almost everyday, and everyday I get madder because what they said is that we're not going to build a tunnel because it's going to cost 900 -- 750 to 900 million, instead of 255 million. I said what in the world are you talking about? Why is that? There were three key issues, and I'm going -- it's going to come back to this, I promise you. They said, well, land acquisition's going to be dramatic because we're going to have to buy this big office building, and I said, well, why can't you -- at this intersection, why can't you just turn your wheel right a little bit, you know, like ten degrees, and move the track a little bit so that you can go into the tunnel with a little curve there? Oh, no, you can't do that. It's got to be straight, so I started thinking about it. I said, you know, I've been in tunnels around the country and around the world that aren't straight; they curve. How come our tunnel can't curve a little bit? No, no, can't curve, so there's one issue. The second issue about cost was that the dean of City of Miami Page 16 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 the college of engineering or architecture -- what, Alicia, from FIU (Florida International University)? He was your professor. Alicia Cuervo Schreiber (Chief of Operations): Professor Portar, Professor Portar. Vice Chairman Winton: Yes -- had been to visit me several times with an engineering group out of Europe who said that they have a technology -- they think they could build this tunnel for under $100 million, so I said to our staff and the consultants, when you consider technology, I want this technology considered. I said it point-blank to everybody. OK, we will, so -- but in this meeting the other day, 1 said, well, tell me about this technology. How did you consider that? We didn't consider it. Why didn't you consider it? We didn't know enough about that technology. Now the fight I had with City staff and with the County before the consultant was hired was over hiring a consultant who would understand that technology, and they promised me that that would, in fact, be the case, and at the end of the day, the damn consultant sat right in front of me and said we didn't even consider that technology because we don't know enough about it -- Commissioner Regalado: Wow. Vice Chairman Winton: -- so cost root -- cost tied to land acquisition and technology, the two key items that I think that -- where there was a lot to be learned here, they flat-out said forget about it. Why did they say that? Because they don't want the tunnel built; they never wanted the tunnel built. They don't want us to use that money because they want to expand Metrorail up 27th Avenue, and I'm not opposed to transit going up 27th Avenue, but Metrorail, at $100 million a mile, doesn't even include land acquisition cost, will take -- will suck all the money away, and finally to the key point, the port tunnel. The port tunnel, which is going to be -- who knows? I don't know what it's going to cost, but you know, every time I look at a number, it jumps by 3 or 400 million, every time. It was 600 million not that long ago. The last number 1 look at was a billion and a half. 1 don't know what the right number is. I don't know if it gets to 2 billion. I don't know where the number goes, but they don't have anywhere nearly enough money to do it, but the new proposal coming from the County is that we tax downtown property owners, downtown residents, downtown folks. We're going to create a special tax -- they're going to look at creating a special taxing district in downtown to help pay for that tunnel, a tunnel which, frankly -- and you all know I've said this on the record; the Mayor has said it, but the Governor came down here and smacked the Mayor and I around about a year ago, and we agreed that we'd be team players and not fight the tunnel, but we felt strongly that they ought to be looking very heavily at the alternative of moving all transit off the port by rail, and putting the rail line that goes over there in an open trench or something, and move over -- and the count -- and the MPO (Metropolitan Planning Organization) has now voted to fund that study, but the port is still opposed to it. I don't know who all in County government is opposed to it, but very interestingly, 1 read in the newspaper the other day that the County Commission in Palm Beach County has voted to do that very same kind of study; move all their port -- their cargo off the port, but they think it's a good idea. They don't think it's a good idea here, but we'd rather build a $2 billion tunnel or a billion dollar tunnel, or a billion and a half dollar tunnel that goes from the port to Watson Island and dumps all the traffic right on 395 and doesn't do anything. It doesn't get anything where it needs to go. It just gets trucks off of downtown streets. Now that's a noble goal, to get trucks off of downtown streets, but is it the right answer? I don't think so, and is the right answer our citizens helping fund this tunnel -- Chairman Gonzalez: 1 don't think so. Vice Chairman Winton: -- to a significant degree? I don't think so either, so therefore -- I've gotten all the -- my stuff out here -- I would like my colleagues' support in asking our City Attorney to research and determine what options we have to prevent Miami -Dade County from imposing a new tax on our residents to pay for the port tunnel, and Mr. City Attorney, how long City of Miami Page 17 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 do you think you need to do that research? Jorge L. Fernandez (City Attorney): Within two weeks it could be done. Vice Chairman Winton: OK, so bring it back at the next Commission meeting? Mr. Fernandez: Yes. Vice Chairman Winton: OK, so my motion is to ask the City Attorney to do the research necessary to determine what rights and options we have to prevent the County from imposing a tax on our citizens to pay for the port tunnel, and to bring that report back to us in two weeks. So moved. Chairman Gonzalez: All right. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." Commissioner Regalado: Discussion, discussion. Chairman Gonzalez: I'm sorry. Yes, go ahead. Commissioner Regalado: Vice Chairman, what happened to the ideas of having the private companies run the tunnel and build the tunnel? Because they -- because, you know, they took the taxpayers' money and they went to France and to England, and they saw -- and to Austria -- companies that build the tunnel, pay for the building of the tunnel, and then they manage and they issue bonds, and they were like very happy and enthusiastic about -- but it seems now that they want to build it themself [sic]. Vice Chairman Winton: Well, I don't know the answer to that, and they -- and I think they're still considering it, but 1 don't know enough of the detail, but I think that the issue's going to be that since the only real users of this tunnel will be port traffic, that they can't generate enough revenue to make it economically feasible to build the tunnel by private sector alone. It still isn't going to be economically feasible because the user fees would be so great that they think it would put everybody out of business. Now that's going to be my guess. I don't know, but it really speaks to the issue of if it -- if that's the fact and the user fee would put everybody out of business because the cost is so great, then I think you got to really back up and look at the cost/benefit relationship and think about what other alternatives there are. Commissioner Regalado: But, see, my point was that there is going to be a user fee regardless -- Vice Chairman Winton: Yes. Commissioner Regalado: -- and because maybe they're going to use the same team that is building the Performing Arts Center. It's going to run like four thousand million dollars or something, and then they going to kill the port industry. The second issue is history tells us that for -- to establish a taxing district, people have to vote, so 1 would ask you to ask the City Attorney to see if -- I know that because they have home rule charter, the County can establish a taxing district by themself [sic], but there is the recourse of asking for a public referendum on the special taxing district, and we had had many elections on special taxing district, so -- where the stakeholders vote, so I think that that should be also considered. Vice Chairman Winton: I do, too. City of Miami Page 18 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: All right. We had a motion and we had a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Vice Chairman Winton: Thank you. Chairman Gonzalez.: Commissioner Sanchez. Commissioner Sanchez: None, sir. DISTRICT 3 COMMISSIONER JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 06-00801 DISCUSSION ITEM DISCUSSION CONCERNING EMERGENCY RELIEF FOR BUSINESSES IMPACTED BY PERFORMING ARTS CENTER CONSTRUCTION. 06-00801 E-mail.pdf WITHDRAWN Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: Actually -- yes, Mr. Chairman. These three items were items that was really intended for the CRA (Community Redevelopment Agency) meeting, so I'd like to at least put them on the CRA agenda -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- so I'd like to withdraw them. Chairman Gonzalez: Very good. D5.2 06-00786 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE ON JACKSON SOUL FOOD LITIGATION. 06-00786 Email.pdf WITHDRAWN D5.3 06-00802 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE ON THIRD AVENUE STREETSCAPE AD HOC COMMITTEE. City of Miami Page 19 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 06-00802 Email.pdf WITHDRAWN City of Miami Page 20 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 PUBLIC HEARINGS PH.1 06-00648 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Police (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE PURCHASE OF THE OMNITRAK LATENT STATION, FROM PRINTRAK, A MOTOROLA COMPANY, FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $107,641; ALLOCATING FUNDS FROM THE COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANT, ACCOUNT CODE NO. 110157.290551.6.840. 06-00648 Legislation.pdf 06-00648 Summary Form.pdf 06-00648 Memo.pdf 06-00648 Memo 2.pdf 06-00648 Memo 3.pdf 06-00648 Memo 4.pdf 06-00648 Notice to the Public.pdf 06-00648 Web-Page.pdf 06-00648 Letter.pdf 06-00648. P roposa I .pdf 06-00648 Summary Fact Sheet.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0269 Chairman Gonzalez: Now we're going to go into the public hearing items. PH1, police. Deputy Chief Frank Fernandez: Good morning, Commissioner. Frank Fernandez, deputy chief Miami Police. Commissioner, we have a substitute item on this issue here, and the reason for that is because during the original document that was submitted, we left out the service contract. The substitute includes that service contract, and it makes a difference between 96,000 to $107, 000. If you need further explanation on the maintenance, I'm sure Glenn Marcos could explain that to you, sir. Commissioner Sanchez: So for the record, what's the substitution? What's the language? Deputy Chief Fernandez: The substitution for the item is basically saying that the service contract is included in the total price. The difference in the price goes from 96,000 -- with the service contract, it moves it up to $107,000. Commissioner Sanchez: So move. Chairman Gonzalez: All right. This is -- Vice Chairman Winton: Second City of Miami Page 21 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: OK. We have a motion and we have a second, but this is a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward All right. Seeing none, hearing none, the public hearing is closed. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Deputy Chief Fernandez: Thank you. PH.2 06-00653 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Improvement AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND Programs/Transpor CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS; WAIVING tation COMPETITIVE BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AWARD OF A CONTRACT TO CMC,CONSTRUCTION, INC. ("CMC"), FOR RENOVATION TO THE DINNER KEY SPOIL ISLANDS AND THE CITY OF MIAMI'S MIAMI WATERSPORTS COMPLEX FACILITIES UTILIZED BY THE SHAKE -A -LEG MIAMI PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CMC, IN AN AMOUNT NOT TO EXCEED $1,407,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NOS. B-30002, ENTITLED "DINNER KEY RESTORATION/ENHANCEMENTS OF SPOIL ISLANDS ABCDE," B-30270A, ENTITLED "MIAMI WATER SPORTS CENTER BUILDING IMPROVEMENTS -ELEVATOR AND GENERATOR," AND B-35855, ENTITLED "MIAMI WATERSPORTS CENTER -HANGAR IMPROVEMENTS." 06-00653 Legislation.pdf 06-00653 Exhibit.pdf 06-00653 Exhibit 2.pdf 06-00653 Exhibit 3.pdf 06-00653 Exhibit 4.pdf 06-00653 Exhibit 5.pdf 06-00653 Exhibit 6.pdf 06-00653 Exhibit 7.pdf 06-00653 Exhibit 8.pdf 06-00653 Summary Form.pdf 06-00653 Public Hearing Memo.pdf 06-00653 Notice of Public Hearing.pdf 06-00653 Emergency Procurements.pdf 06-00653 Detailed revenue and expenditures.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0270 Chairman Gonzalez: PH.2. City of Miami Page 22 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Gary Fabrikant: Gary Fabrikant, Department of Capital Improvements. This item is for a wavier of competitive bidding to enter into an agreement with CMC Construction for the renovation of the Miami Watersports Complex, which is location -- the Shake -A -Leg Foundation program, and also for the cleanup of the Dinner Key spoil islands. One million dollars of this funding comes from a FIND (Florida Inland Navigation District) and Safe Neighborhood bond program, which must be expended by the end of August. CMC Construction has offered to donate their services -- Vice Chairman Winton: Wow. Mr. Fabrikant: -- obtain materials for either no cost or discounted cost, as well as have their subcontractors perform their work at discounted cost. They have also committed to adjust everybody's schedules to have this work completed in a time frame that allows for expenditures of the funds by the grant deadlines. Vice Chairman Winton: Wow. Mr. Fabrikant: Without this commitment from CMC, we would not have the work be able to be done in time, and the scope of work would have to have been significantly reduced. Vice Chairman Winton: So moved. Chairman Gonzalez: Thank you. Commissioner Sanchez: Second. Commissioner Regalado: Second. Chairman Gonzalez: OK. We have a motion and we have a second. This is also a public hearing. Anyone from the public that wants to address this item, please come forward. Seeing none, hearing none -- Commissioner Sanchez: Discussion. On the discussion, just briefly, I think it's important for us to say -- I mean, this is great. They're talking about the five spoil islands are going to be cleaned up. I mean, we need to -- people that are watching on Net-9 (Miami Television) that just think this is a resolution -- I mean, we're not going to get into Shake -A -Leg; it's a great organization, but I think that the Administration, everyone who's worked putting this resolution together, we need to explain all the benefits that the City is going to get on this. 1 mean, this -- I read it; I was comfortable with it, and I praise you and all those that put it together because it really benefits the City tremendously, but just put that on the record that the five island -- the spoils islands are going to get cleaned up. Now that we're on this green, environmental friendly city, these are the things we should be focusing on. Mr. Fabrikant: Certainly, Commissioner. The cleanup of these five spoil islands will include one of the spoil islands having a floating boat ramp that will allow small boats to come in, dock at the island, and use the island. This cleanup will also clean up all the nonnative vegetation, put in native vegetation. It will also allow the public boaters to start using these islands, where right now, they're overgrown; they're incapable of being used. Some of the work will also put in sandy -type beach areas so they can be used for swimming also. Commissioner Sanchez: So in other words -- Vice Chairman Winton: And -- Commissioner Sanchez: -- this is, you know, showing that everyone's coming to the table to do a City of Miami Page 23 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 good thing. You need -- Vice Chairman Winton: Yes, and Commissioner Sanchez, I would like to put on the record that - - and note that the Miami Herald reporter got up and left during this presentation that's talking about a real public benefit out there for the citizens, and cleaning up those spoil islands so that the public can really use them, but that isn't controversial, so he got up and left for that presentation. I'm done. Chairman Gonzalez: All right. Joe Arriola (City Manager): Commissioner -- Chairman Gonzalez: We have a motion and we have a second It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. The motion carries. PH.3 06-00778 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ON CITY -OWNED PROPERTY LOCATED AT 501 BRICKELL AVENUE, MIAMI, FLORIDA, IN FAVOR OF CITY NATIONAL BANK OF FLORIDA, A NATIONAL BANKING CORPORATION, AS TRUSTEE UNDER LAND TRUST AGREEMENT NUMBER 2401-1863-00 ("EASEMENT"), TO REDUCE THE TERM OF THE EASEMENT FROM A PERIOD NOT TO EXCEED FIVE (5) YEARS, TO A PERIOD NOT TO EXCEED FOUR (4) YEARS FROM NOVEMBER 18, 2005, THE EFFECTIVE DATE OF THE ORIGINAL EASEMENT, AND TO INCREASE THE SIZE OF THE EASEMENT AREA BY APPROXIMATELY 12,560 SQUARE FEET, AS DEPICTED IN "ATTACHMENT B," ATTACHED AND INCORPORATED. 06-00778 Legislation.pdf 06-00778 Exhibit.pdf 06-00778 Exhibit 2.pdf 06-00778 Exhibit 3.pdf 06-00778 Exhibit 4.pdf 06-00778 Exhibit 5.pdf 06-00778 Exhibit 6.pdf 06-00778 Summary Form.pdf 06-00778 Public Hearing Memo.pdf 06-00778 Notice of Public Hearing.pdf 06-00778 Easement Agreement.pdf 06-00778 Pre-Attachment.pdf 06-00778 Pre -Attachment 2.pdf 06-00778 Pre -Attachment 3.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones City of Miami Page 24 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 R-06-0271 Chairman Gonzalez: PH.3. Commissioner Sanchez: All right. PH.3, Department of Public Facilities. Laura Billberry: Good morning, Lori Billberry, Public Facilities. The item before you is a request to amend the temporary construction agreement with The Related Group, and this would allow them to use an additional 12,560 square feet of Brickell Park. In consideration of this, they will be reducing the term in which they will be using it from five years to four years, and we have received letters of support from the Brickell area association, the First Presbyterian Church next door, as well as the Brickell Homeowners Association supporting this request. Vice Chairman Winton: So moved. Chairman Gonzalez: All right. Commissioner Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. This item also requires a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward. Seeing none, hearing none, the public hearing is closed. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Jorge L. Fernandez (City Attorney): Mr. Chairman, PH.4 -- Chairman Gonzalez: The motion carries. Mr. Fernandez: -- and 5 are time certain for 11 o'clock -- Chairman Gonzalez: That's correct. Commissioner Sanchez: All right. Mr. Fernandez: -- and PH.6 begins at 10:30. It's advertised as time certain for 10:30, and it's not yet 10:30, so you may proceed to other parts of the agenda and return at 10:30 to PH. 6. Commissioner Sanchez: No, 1 believe she's got several -- Chairman Gonzalez: Very good. Commissioner Sanchez: -- of them, right. Commissioner Spence -Jones: Yeah. Barbara Gomez -Rodriguez (Director, Community Development): Time certain. Commissioner Sanchez: Time certain -- Mr. Fernandez: Yes, it is time -- Commissioner Sanchez: -- and you go -- City of Miami Page 25 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 PH.4 06-00462 Department of Capital Improvement Programs/Transpor tation Mr. Fernandez.: -- certain at 10:30. Commissioner Sanchez: -- from -- Chairman Gonzalez: All right. Commissioner Sanchez: -- PH.6 through -- Ms. Gomez -Rodriguez: PH.15. Commissioner Sanchez: -- 15. Chairman Gonzalez: Through 15, yes. Mr. Fernandez: So you may then go to -- Commissioner Sanchez: Sixteen. Mr. Fernandez: -- second readings. 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 06-00462 Submittal.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0278 Chairman Gonzalez: All right. Let's -- Jorge L. Fernandez (City Attorney): Thank you. Chairman Gonzalez: -- take PH (public hearing) -- Mr. Fernandez: PH.4. Chairman Gonzalez: -- because I want the full Commission to be here for this item. Mr. Fernandez: Yes. Chairman Gonzalez: PH.4. Mr. Fernandez: Yes. Mr. Chairman, Commissioners, at the April 27 meeting, you've instructed me to retain the services of an outside law firm or attorney to come and visit with you with regard to questions that you had raised relative to the Hammes contract and the pending litigation. I proceeded to do so. I prepared a copy of the transcript of your last hearing, at which you fully vetted your concerns. I put together a complete copy of the transactional file City of Miami Page 26 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 that we had in our office, as well as the litigation file that we had, and I forwarded to a distinguished scholar and lawyer in our community, someone that I have known for a long time, and I know that he possesses not only the intelligence and the ability, but also the integrity to forthrightly communicate with this Commission and answer all the concerns you have. I'd like to introduce you to Mr. Rogow. He has been a professor at Nova Universe -- Nova Southeastern University law school for 32 years. Before that, he taught at the University of Miami law school. He has also argued hundreds of cases in state and federal courts, including 11 cases in the Supreme Court of the United States. He has been named in several categories in every edition of Best Lawyers in America since 1987. He's one of the few lawyers in Florida to be selected for membership in both the American College of Trial Lawyers and the American Academy of Appellate Lawyers. He began his career in 1966, representing civil rights workers in Mississippi, Alabama, and Louisiana, and now I -- very happy to present Mr. Bruce Rogow, who will address your concerns. He has prepared, and we have provided you a two page outline of the talking points, and he's also very willing to answer any questions you may have. Mr. Rogow. Chairman Gonzalez.: Good morning, sir. Bruce Rogow: Mr. Chairman, members of the Commission. Chairman Gonzalez: Welcome to the City Commission. Mr. Rogow: Thank you. I did look at all the materials that Mr. Fernandez provided me and did some research on my own with regard to the matter, and my conclusions are those set forth in my bullet points that I've provided to the Commission. I think that the contract with Hammes is null and void. The City's March 10 resolution authorized only a contract with Hammes of Wisconsin. There was language in there that authorized the City Manager to engage in that contract in substantially the same form as attached to the resolution, and that form only included Hammes of Wisconsin. The change of the name of the entity is a dramatic change from that form, and the language ' form " is not so elastic as to be able to include a change in the contracting party, so that was my first conclusion. The May 9 contract that was signed by Hammes of Florida, Inc., and then sent down, it was unfortunate that that contract was entered into and signed, but when one looks at the history of this, it was clear to me that the Hammes of Wisconsin people were distressingly disingenuous in the way they handled this matter. There was no signification at all with regard to them changing the contracting entity, and I pulled a couple of the e-mails (electronic mail), and I've noted those in the bullet points that I provided to you, and two that struck me as most interestingly, they were signed by the president of Hammes of Wisconsin, and Stuart Zadra, also an officer of Hammes of Wisconsin, but they used those titles after they had formed Hammes of Florida, and so on May 17 and May 23, when they were communicating with the City about whether or not the City had signed the contract, they were sending e-mail still using their Hammes of Wisconsin entities and titles. That surprised me, and in the letter that was sent on April 26 promising a clean draft of the contract, the contract had had some changes with regard to three issues that were being discussed, but that clean draft did not show, nor did the letter of transmittal show that they had changed the contracting entity, so the whole package, it seemed to me, was one in which the City had been misled by the actions of the Hammes of Wisconsin people, and therefore, I thought the contract is null and void, and 1 thought that the decision to rescind would be a good decision in a situation like this, and obviously, Hammes of Wisconsin was informed in June that they had no contract, and I think at that point, the City was correct in telling them that they had no contract. I'll be happy to answer any questions the City may have about it. Chairman Gonzalez: Thank you. Does any of the Commissioner wants to --? Commissioner Regalado. Commissioner Regalado: 1 have a question. Professor, I read your bullet points, and I think you did a very thorough work on that. My question -- and of course, nobody can predict what City of Miami Page 27 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 happens in a court of law and how does a court of law (UNINTELLIGIBLE), but with all this overwhelming evidence, why would these people sue? Mr. Rogow: I think they have nothing to lose by suing is probably the reason that they did, except for some attorney's fees and prosecuting the lawsuit, or perhaps, they have an idea that maybe they would be able to get some kind of compromise that would be to their benefit by bringing the lawsuit. Commissioner Regalado: Because it is a very public case, and it would be bad public relations for a nationally established company. I mean, that's what I think. You know, why would you do that if you, you know -- to do then damage control in terms of public relation, it will be more expensive than to go through a court process, and that's the only question that I have, basically, and I know it's very difficult to answer, but I'm looking at your experience in so many court cases, and even the one you won over the City of Miami that I remember. I used to cover that controversy, and I remember you. Mr. Rogow: Was it for or against? I don't remember anymore. Commissioner Regalado: No, you were against the City and you won, so -- Commissioner Sanchez: Well, that -- Commissioner Regalado: -- it was many years ago, but you know, I'm puzzled by this. Mr. Rogow: You know what I thought, Commissioner Regalado, the thought of discovery in this case -- because if it gets to that point, and it's not hard to get to the point where discovery occurs, I think will be very interesting because when one looks at the chronology, April 18, they formed the Florida corporation. April 26, they send the contract down with no mention in the accompanying letter that they've now changed the name of the contracting entity. This was certainly a decision that was made and known. It was not some kind of an oversight, and so the explanation for how all of this occurred, I think, will be very interesting in discovery, and that, I think, ties into what you're asking. Might they be putting themselves in a situation where there could be some difficulty or embarrassment in having to answer some of these questions in discovery. No one likes to be deposed, and certainly, those would be the primary questions to be asking in the discovery process. Commissioner Regalado: OK. Commissioner Sanchez: All right. Commissioner Regalado: Thank you, Mr. Chairman. Chairman Gonzalez: All right. Any other questions? Commissioner Sanchez: Professor, I think you've answered at least the concerns that 1 had and were brought forth, and you clearly stated them all in your conclusion as to the bullet points, and all we needed to do was follow the chronology of the event. We made it -- I -- at least I made it very clearly the last Commission meeting that we had a contract with Hammes of Wisconsin, not with Hammes of Florida, LLC, and it's -- that's why the three bodies of government apply here because we're the ones that dictate policy. The City Manager cannot go out and negotiate something. It has to go through us, so what we authorize was the agreeable contract. Once there was a change in that contract, there the contract becomes, of course, there no validy [sic] to the contract, so with your conclusions -- and you know what? It was probably in the best face that we got a second opinion on this. I am clear to move forward and make a motion, once again, like I did last time, to rescind the contract that -- PH.4. City of Miami Page 28 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: All right. Vice Chairman Winton: I'll second. Chairman Gonzalez: We have a motion and we have a second. Vice Chairman Winton: With a comment -- Chairman Gonzalez: With a comment. Your comment. Vice Chairman Winton: -- to our City Attorney. Mr. City Attorney, I know that you were less than enthusiastic about this -- about the move to seek outside counsel. I understood why you were less than enthusiastic because your -- you personally are very proud of your intellect and ability. You're also, as the head of our Law Department, proud of your staff, and as a consequence, you felt that you had done a very, very thorough job in analyzing the sequence of events and understanding where our strengths and weaknesses were, and therefore, didn't need to seek outside counsel, and so I understood all of that, but I -- but hearing what we've heard today, Mr. City Attorney, and as I said the other day, I don't have a doubt. This is about public perception, and I want to congratulate you on your choice for the outside counsel and the good professor here, who I think has done an outstanding job, as he always does, but he has brought something to the table today that I think, at the time, you couldn't bring alone, so I want to thank you for your indulgence two weeks ago, and I want to thank you for the fine work that you've done. Mr. Rogow: Thank you. Let me just say, I think that this rescission is the product simply of the Commission having really been hoodwinked, and I don't think the Commission is obligated to have to engage in a contract with someone who has done what I think the record reflects occurred here. Vice Chairman Winton: Would you repeat what you thought that they had done to us? Mr. Rogow: Hoodwinked. Commissioner Sanchez: What the record reflects. Vice Chairman Winton: Hoodwinked. Mr. Rogow: Hookwinked. Commissioner Spence -Jones: Hoodwinked. Vice Chairman Winton: Did you get that? Hoodwinked. Commissioner Regalado: Hoodwinked. Vice Chairman Winton: Thank you. Mr. Rogow: Thank you. Chairman Gonzalez: All right. All -- Thank you very much, sir. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez.: Those opposed have the same right. Motion carries. PH.5. Oh. City of Miami Page 29 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Charles Rosenberg: I wanted to be heard, if I may. Commissioner Spence -Jones: Oh, this is on -- Chairman Gonzalez: Mr. City Attorney, is this a public hearing? Mr. Fernandez: Yes. PH.4 is a public hearing, and prior to the item passing, it's to be open to the public. Chairman Gonzalez: Can be open to the public now? Mr. Fernandez: Well, you know, holding in abeyance the vote that you just took, if the gentleman needs to speak to this item. Vice Chairman Winton: So we're holding in abeyance the vote. Chairman Gonzalez: All right. Mr. Rosenberg: Thank you very much, and I appreciate the opportunity to be heard. My name is Charles Rosenberg. I'm with the Carlton Fields law firm, and as a matter offact, we represent Hammes. Let me start out by saying that 1 have the highest regard for Professor Rogow. He is a scholar, and 1 have -- our law firm has worked with him in the past, and it'll be a pleasure to work with him in the future. Very, very briefly -- Priscilla A. Thompson (City Clerk): I'm sorry. We -- I can't hear over here. Commissioner Spence -Jones: Can you pull the mike down? Ms. Thompson: We need you -- Mr. Rosenberg: Oh, I'm sorry. Ms. Thompson: Thank you. Mr. Rosenberg: There -- yeah. Commissioner Sanchez: State your name and address for the record. Mr. Rosenberg: Yes. The name is Charles Rosenberg. I'm with the Carlton Fields law firm, and the address is 100 Southeast 2nd Street -- Commissioner Sanchez: Thank you. Mr. Rosenberg: -- and I wanted to thank everyone for the opportunity. Once again, I wanted to tell the Commission that we have the highest regard for Professor Rogow. As a matter offact, we work with him on various matters. I look forward to working with him on this one. Simply stated, the representations that have made -- been made to you regarding how this contract was negotiated and how it was executed are not true. We are in litigation. Unfortunately, the facts will come out during the course of the litigation. I will represent to the Commission that every paragraph and every page of this contract was negotiated by counsel for the City. The suggestion that anyone was hoodwinked is not true. It -- apparently, what has happened is that after the contract was executed, the City decided that it didn't want to go forward with that contract. We don't understand the motivation, which will be discussed next with respect to the City's decision to give the contract to Jones Lang, and finally, the truth will come out in the City of Miami Page 30 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 lawsuit, and we thank you very much. Chairman Gonzalez: Thank you, sir. Vice Chairman Winton: Call the question. Mr. Fernandez: Yes. Vice Chairman Winton: Oh, I'm sorry, Mr. City -- Mr. Fernandez: The -- either you retake a vote again, or you direct the City Clerk to reflect the previously taken vote as being reenacted. Chairman Gonzalez: I think we should vote again. Mr. Fernandez.: Please do. Chairman Gonzalez: Motion? Commissioner Sanchez: So move. Commissioner Spence -Jones: Second. Vice Chairman Winton: Second. Chairman Gonzalez: We have a motion. We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. PH.5 06-00459 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Improvement AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND Programs/Transpor CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS, THAT IT IS tation 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 31 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 06-00459 Exhibit.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 Summary Form.pdf 06-00459 Public Hearing Memo.pdf 06-00459 Public Hearing Ad.pdf 06-00459 Expense Proposal.pdf 06-00459 Letter.pdf 06-00459 Submittal.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-06-0279 Chairman Gonzalez.: PH 5. Gary Fabrikant: Gary Fabrikant, Department of Capital Improvements. This item is the award -- for the award of an agreement with Jones Lang Lasalle for program management services for the renovation of the Orange Bowl stadium. A competitive bid process was used, however, the City's procurement code requires that this item be brought forth as an emergency. The basis for the emergency is to commence work after this football sea -- UM (University of Miami) football season and have the stadium game day ready by the 2009 football season. The work will allow the UM home football games to be played at the stadium, and will allow the City to receive the revenues as a result of those games. A solicita -- a competitive solicitation was advertised in December of 2005, and as a result, the City received nine submittals. A selection committee then evaluated and short-listed three firms for competitive negotiations. The City ended up entering into negotiations with two of the three firms, as one firm pulled out at the last minute because they could not provide sufficient staffing to meet the needs of this project. Based on the results of the negotiation with the two firms, Jones Lang Lasalle is offering the City the most advantageous agreement, based on the combination of experience, programming, and price. The team proposed by Jones Lang Lasalle has been involved in the renovation of Alltel stadium for the NFL (National Football League) Jacksonville Jaguars, Soldier Field, home of the NFL Chicago Bears, Madison Square Garden, and Gund Arena in Cleveland, Ohio. They have also been involved in local projects, such as the Diplomat Hotel construction, and they're currently working with the Public Health Trust. Some of the other projects they've handled is the renovation of Grand Central Terminal in New York City, the construction of three corporate campuses for Sun Microsystems, so based on all these factors, we're recommending this agreement with Jones Lang Lasalle. Chairman Gonzalez: All right. Vice Chairman Winton: So moved. Chairman Gonzalez: We have a motion. Commissioner Sanchez: Second, discussion. City of Miami Page 32 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: We have a second. Discussion. Commissioner Sanchez: Mr. Chairman, before 1 vote on this issue, I just want to have an assurance from the Administration that the new contractor is aware of the pending litigation, and that it would assume liability, and not the City. I want to make that very, very clear. Two, that the contract spells out benchmarks for project management; that the contract speaks to rate, pay, and all, but does not really spell out the performing standard. I want to make sure that, as the process goes on, that we do have proper steps in place to assure that the project is being done right and we're covered. Mr. Fabrikant: The contract and agreement with Jones Lang Lasalle will cover both of those items. Before entering into negotiations with both firms, we required them to execute a letter making them aware of the lawsuit concerning Hammes, and allows the City to terminate the contract depending on the results of any Hammes -- of the Hammes lawsuit, so that has been covered during the negotiations. The second terms of benchmarching -- benchmarking and tying payments to benchmarks is that early on in the process, we have to develop a master program schedule, which will clearly identib, exactly what renovations will occur during the construction, the time frames of those renovations, and tie deliverables to not only the program manager, but also to the design firm as well as the construction firm, so everything will be tied to benchmark payments and deliverables. Commissioner Sanchez: And the reason why I state that for the record, for all clarity, is that, one, we have a commitment to the University of Miami. We also have a commitment to Gold Cup coming to the Orange Bowl, and when you deal with such a time frame to get these projects done, I think there's a lateral commitment on both sides, whether it's government or it's the companies that are going to do the work, so we don't end up in another situation where we might be taken to court for whatever reason. We live in a nation of laws, and as Commissioner Regalado stated, anybody could take anybody to court. All you have to do is file fee and do -- but we have a responsibility to protect the City's interest on this. Thank you. Mr. Fabrikant: Thank you. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address this item. Commissioner Sanchez: It is a four -fifth vote. Chairman Gonzalez: Pardon me? Commissioner Sanchez: It's a four -fifth vote. Chairman Gonzalez: Right. Seeing none, hearing none -- it's a four -fifth vote, so all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: You want to do roll call, please? Make sure that we have four votes. Commissioner Sanchez: Also state on the record that Commissioner Regalado's -- Chairman Gonzalez: I also want -- Commissioner Sanchez: -- not present. Chairman Gonzalez.: -- to put on the record the Commissioner Regalado was not here present to City of Miami Page 33 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 vote on this item because he had to go and attend his part-time job at the TV (television) station. He didn't express any opposition to the item to me, or he didn't ask for a deferral until later this afternoon, and I want that to be part of the record. Thank you. Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The resolution is passed -- Chairman Gonzalez: All right. Let's go -- Ms. Thompson: -- 4/0. Chairman Gonzalez: back to the other planning -- public hearing items. City of Miami Page 34 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 10:30 A.M. PH.6 06-00460 Department of Community Development 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 CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), FOR ACCEPTANCE OF SAID FUNDS. 06-00460 Legislation.pdf 06-00460 Summary Form.pdf Motion by Vice Chairman Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0272 Chairman Gonzalez: All right. Let's go to Public Hearing number 6. Barbara Gomez -Rodriguez: 6. Good morning. Barbara Gomez -Rodriguez, director of the Department of Community Development. PH.6, we're asking approval to accept 289, 096 from the State to deal with disaster funds. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address this item, please come forward. Commissioner Regalado: PH.6. Chairman Gonzalez: Mariano Cruz. Mariano Cruz: Mariano Cruz -- Chairman Gonzalez: Mariano, you're recognized. Mr. Cruz: -- 1227 Northwest 26 Street, and I'm not going to talk against this, but this is something that these monies are being used properly because just the other day it was all over the news the house being built for Mrs. Molina, 114413 Avenue, and that was something --1 mean, that's a good -- very good use. I mean, the City is working prop -- and now, in my neighborhood, my backdoor neighbor, Mr. Lopez, 1228 on 27 Street is getting his house fix, too, with this money, so -- Ms. Gomez -Rodriguez: Thank you. Mr. Cruz: -- it is good. Thank you. Chairman Gonzalez: Thank you, Mariano. Anyone else? Seeing none, hearing none, the public hearing is closed Vice Chairman Winton: So moved. Commissioner Regalado: Second. City of Miami Page 35 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: We have a motion and we have a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. PH.7 06-00461 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONVEY, WITH Development 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 Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0273 Barbara Gomez -Rodriguez (Director, Community Development): PH.7, we're requesting approval to transfer a property located at 240 Northwest 11 th Street to the Miami Department of Off -Street Parking for the development of a public parking in the area. The construction must commence within 12 months of the conveyance of this property. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address this item, please come forward Seeing none, hearing none, the public hearing is closed. Commissioner Spence -Jones: So move. Chairman Gonzalez: We have a -- Vice Chairman Winton: Second. Chairman Gonzalez: -- motion and we have a second. All in favor -- Commissioner Sanchez: Does DOSP (Department of Off -Street Parking) -- Chairman Gonzalez: -- say "aye." Commissioner Sanchez: -- have already the plans? Ms. Gomez -Rodriguez: Yes, they do. Chairman Gonzalez: All in favor, say "aye." City of Miami Page 36 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 PH.8 06-00467 Department of Community Development Vot The Commission (Collectively): Aye. Chairman Gonzalez.: Those opposed have the same right. Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF EMERGENCY SHELTER GRANT FUNDS, IN THE AMOUNT OF $146,330.76, AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS TO BETTER WAY OF MIAMI, INC. ("BETTER WAY"), FOR EMERGENCY SHELTER AND TRANSITIONAL HOUSING OPERATING COSTS AT THE BETTER WAY FACILITY LOCATED AT 675 NORTHWEST 17 STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSE. 06-00467 Legislation .pdf 06-00467 Exhibit.pdf 06-00467 Exhibit 2.pdf 06-00467 Summary Form.pdf 06-00467 Public Notice.pdf 06-00467 Text file Report.pdf Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. es: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0274 Chairman Gonzalez: PH.8. Barbara Gomez -Rodriguez (Director, Community Development): PH.8, we are requesting approval to award $146, 330.76 to Better Way of Miami, Inc., and this is for the building that is located at 675 Northwest 17th Street. This is emergency shelter grant dollars, and these were dollars that were left from our 2004 contract, and this is a shelter that we want to rehab and we want to bring up. Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants to address the Commission, please come forward. Seeing none, hearing none, the public hearing is closed. Vice Chairman Winton: So moved. Commissioner Spence -Jones: Second, but I just want to just make a comment real fast. Chairman Gonzalez: We have a motion and a second. Discussion. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: I just want to acknowledge the Better Way folks that are here today for their outstanding work, and hopefully -- I know they had a lot of damage from the hurricane, and there's a lot of activity that we're going to be doing off 7th Avenue with the biomedical UM (University of Miami) partnership, and I just think it's important to protect the folks that are there to make sure that they have a clean, safe environment to live in, and we already know we have a shortage of facilities for folks that are living with addiction, so I just City of Miami Page 37 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 PH.9 06-00627 Department of Community Development wanted to commend you, and hopefully, this will help upgrade your property. Chairman Gonzalez: All right. We have a motion and we have a second It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 06-0125, ADOPTED FEBRUARY 23, 2006, TO CANCEL THE CONVEYANCE OF LAND LOCATED AT 1630 NORTHWEST 58 TERRACE, MIAMI, FLORIDA, FROM THE CITY OF MIAMI DEPARTMENT OF OFF-STREET PARKING, SO THAT THE PROPERTY CAN BE DEVELOPED AS A PUBLIC PARKING LOT. 06-00627 Legislation.pdf 06-00627 Exhibit.pdf 06-00627 Summary Form.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-06-0275 Chairman Gonzalez: PH.9. Barbara Gomez -Rodriguez (Director, Community Development): PH.9, we're requesting approval to transfer a property located at 1630 Northwest 58 Terrace to the City of Miami Department of Off -Street Parking for the development of a public parking lot, and again, they do have plans, and they've been working on it. Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward. Good morning. Beatrice Gilbert: Good morning. Beatrice Gilbert, 275 Northwest 10th Street. I was wondering maybe if we can do something else besides parking, or see what the community needs other than parking lots in the area. If we -- somehow that can happen? Commissioner Spence -Jones: OK, thank you. Chairman Gonzalez: Thank you. Athalie Range: Good morning -- Chairman Gonzalez: Good morning. Ms. Range: -- honorable Commissioners. Commissioner Spence -Jones: Good morning. Ms. Range: My name is Athalie Range. I reside at 5727 Northwest 17th Avenue. I've come to address my concerns regarding the reverter clause that would give back property on 1630 City of Miami Page 38 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Northwest 58th Terrace, and it is separated from another property which was given over to the Off -Street Parking area at the same time. This property is 1620 Northwest 58th Street. From my understanding, it remains now that it was taken back from the Off -Street Parking; that it will now be used for housing. My concern, gentlemen, is that 58th Terrace is not a through street. It does not command the traffic that Northwest 58th Street commands. The -- when the City of Miami decided to do some improvement in that particular area, letters were sent out to all of the property owners asking that they cooperate and allow their properties to be sold to the City of Miami. It was also mentioned that off-street parking would be considered. This is one of the reasons that I decided to give my property -- or sell my property over to the City of Miami. The property of which 1 speak is adjacent to the funeral home, which is located on Northwest 17th Avenue and 58th Street. 1 would say to you gentlemen that for the number of years, almost 50 years that we have been in that predicament in that location, we have suffered for the lack of adequate parking. Northwest 17th Avenue does not afford the off-street -- the parking that would be needed. When this property was sold, it was with our hope that the City would keep its commitment in giving us off-street parking, not necessarily for the funeral home because -- alone, because we realize that it is a public parking. Nevertheless, if this is left now -- if it is kept as a building for just another home, there are at least eight homes built already very beautifully, very nicely done, and I'm sure it's going to be a great improvement to our community. If this property of which I speak, 1620 Northwest 58th Street, is given back to the Off -Street Parking, it would be a great asset because even though these homes are spacious and they do afford some immediate parking, when these homes are occupied -- if this property is given back to the Off -Street Parking Authority for public parking space, it would enhance the entire street because when these homes are occupied, there will naturally be a greater amount of traffic there. Now, over the years, we've suffered through, as I said before, with not adequate parking. In the (UNINTELLIGIBLE) funeral service, we have been threatened with cars being towed because they were improperly parked. I would say to you that this is the last opportunity that we can have, as far as off-street parking is concerned, which would be an asset to the entire block or the entire community there, and this is why I'm asking that, in giving back to Off -Street Parking the property on Northwest 58th Terrace, which is not a great immediate need for parking there, if this property on 1620 Northwest 58th Street can be given back to the Off -Street Parking it would be a great asset to the entire community. Consequently, I'm asking that this be considered along with your giving back to Off -Street Parking the 58th Street parking as well as -- if you feel that there is a need. I live in the area. 1 do not see the immediate need or the need for 58th Terrace off-street parking. It does not command the flow of traffic there that 58th Street does. I know that in one of the meetings that it was noted that the area is suffering from inadequate parking, and several of the businesses were cited in there; namely, Ebony drugstore, aflower shop, a small restaurant, but business on the street which commands the greatest traffic and has done so, the Range Funeral Home, for over a period of 50 years, was not mentioned, and this is one of the great needs. We're not asking that property be given for the purpose of satisfying the need for the funeral home, but for the entire area because this is the only way that we can receive the relief from it, and this is my -- hopefully, my final statement. Chairman Gonzalez: Thank you, ma'am. Ms. Range: I'd be glad to answer any questions that you might have. Vice Chairman Winton: Thank you. Chairman Gonzalez: Thank you. Ms. Range: Thank you. Chairman Gonzalez: Barbara. Vice Chairman Winton: May I chime in? It would be a huge help to me if I had an aerial City of Miami Page 39 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 photograph in front of me that shows all that Commissioner Range is talking about. Commissioner Spence -Jones: Yeah. Vice Chairman Winton: From a -- Commissioner Spence -Jones: Is the public --? I just want to be clear, I'm sorry. Is the public hearing open or -- still open? Chairman Gonzalez: No. It's -- anyone else from the public? Ms. Range: Just before we close -- Commissioner Spence -Jones: I just want to make sure we get -- Chairman Gonzalez: OK. We -- Commissioner Spence -Jones: -- all the public hearing issues -- Chairman Gonzalez: -- need to move the -- Commissioner Spence -Jones: -- out first. Chairman Gonzalez: -- public hearing. Ms. Range: All right. Just one -- I just wanted to make one more statement, if I may, before I take my seat -- Chairman Gonzalez: Go ahead. Ms. Range: -- and this is, 1 am sure that our City Manager and our Mayor will both remember that we were assured, less than two years ago, that this property would be definitely used for off-street parking, and I'm only asking that the City keep its commitment. Chairman Gonzalez: Thank you. Ms. Range: Thank you. Chairman Gonzalez: All right. Anyone else from the public? Madam City Clerk, would you please set the clock to two minutes? Charles Cutler: Yes. I won't be long. Chairman Gonzalez: Yes, sir. Mr. Cutler: My name is Charles Cutler, 706 Northwest 4th Avenue. I grew up in Liberty City, and I frequent that area, and I do a lot of business in that area, and the parking on 58th Street is difficult. There are businesses along that corridor -- and with the funeral home, and sometimes it's difficult to find -- to park over there, to find any type of way to do business along that 17th Avenue corridor, so the parking is a serious problem over there, and I do think that that 68 -- that 58 Street property should be considered also for off-street parking. Thank you. Chairman Gonzalez: Thank you, sir. Yes, good morning. Reverend John Cox: Reverend John Cox, pastor of Holy Redeemer Catholic Church, located at City of Miami Page 40 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 1301 71st Street, in Liberty City, and I'm also proud to be participating in an ecumenical group of pastors who advise and take action on issues affecting the lives of people of Commissioner Spence -Jones's district. OK, not able to be with me today, but desiring to be with me, are fellow Table of Brotherhood members, Gaston Smith, pastor of Friendship Missionary Baptist Church, and the Reverend Joaquin Willis of the Open Door Church, and the three of us wish to express our support for retaining the plan as originally put forward to have parking available at the location identified by Mrs. Range. The Range Funeral Home provides an essential service to people of the community. I have presided at the funeral services offour citizens of Miami in the last week, three of which were directed by the Range Funeral Home, and I personally experienced the need for more parking in the area. It's really a safety issue, and when a family of any size gathers in the area to commend, to the god of their understanding, their loved one, it's important that we be able to gather in a decent, safe, and dignified way, and having increased parking in the area would certainly help the citizens of Miami, the citizens of my parish, my brother pastors and their churches, in being with our people at this juncture in the lives of their families. To -- we all recognize the need for more affordable housing. I certainly stand with that as well, but Hurricane Wilma has blessed us with many other parcels in the area that can be redeveloped for that purpose, so -- Chairman Gonzalez: All right. Reverend Cox: -- brothers, I urge you, and Commissioner Jones, to please retain, for the purpose of public parking, the lot specified in the plan. Chairman Gonzalez: Thank you, Reverend. Anyone else from the public? Yes. Ms. Gilbert: I wanted to apologize. I was mis -- I misunderstood the area that you guys were talking about. 1 was referring to the earlier piece that was on 11 th Street, and I -- that was still on my mind when you guys were talking, so -- Chairman Gonzalez: Thank you. Commissioner Spence -Jones: It's OK. Chairman Gonzalez: Anyone else? All right. Public hearing is closed; comes back to the Commission. Commissioner Spence -Jones. Commissioner Spence -Jones: OK. First of all, 1 want to acknowledge and thank all those that came out to speak regarding this issue, and also acknowledging a community icon, Ma Range, for all of her many, many years of doing so many things for people of this whole city, and me, of course, walking in those same shoestep -- footsteps, but this one of the things that I really want to make sure -- this is a very difficult decision for to me -- for me to make as the Commissioner. We -- as you know, over the last six months, one of the first big tasks that I had once I got on the dais was to deal with the issue of Model City Trust, and as you know, we've had several items that were on the agenda, and there're several things that we're working through presently, one being an audit, OK. That audit was supposed to come back about -- was supposed to take about 90 days to complete, and unfortunately, it's still going on, and I think the City auditor has requested for additional time until we could figure out exactly -- you know, get a final report on it before we make any real decisions, so because of that and because of the additional need that is required in the area regarding parking, the two lots that Ma Range was speaking of that sit right behind her funeral home, those initial lots were lots that were going to be used for housing, and the funds that was used to purchase those lots were used -- you can correct me on this, Barbara -- to put housing and not parking. I think they were HUD (Department of Housing and Urban Development) dollars, if I'm not mistaken, so for us -- you know, me being in the position in which I sit, I didn't want to create an even bigger problem later on, so -- and I know that there is definitely a parking issue. I live right down the street from there. I live on 55th and 8th, and - City of Miami Page 41 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 - which is, you know, not far from that area at all, and they're right. Every time that there is a funeral, those beautiful new houses that we have just built there, you know, the folks that are coming to the funeral homes are parked up and down the side street, so -- and that's because there's not enough parking in the area, but until we complete what we need to do with the Model City Trust to provide the businesses, including the funeral home, and the other businesses that are in the area that also need the same sort of relief, we went right across the street, which is, you know, I mean, literally -- I mean, correct me -- I mean, literally like walking like five steps across the street, to give them not only parking very close to them -- and I have to be considerate of the other businesses in the area, for the other businesses, too, so the parking itself is not really on 58th Terrace. I'm taking from 58th Street to 58th Terrace, so it is really an area in which goes from one side of the block to the other side of the block, giving us even more parking now to accommodate, yes, the businesses that are in the area, and then of course, you know, once we put all these houses and townhouses in the area that's going up, they're going to have people coming to visit them, too, which is going to be an issue, so we're not -- we made this adjustment based upon us completing the findings from the auditing report, and we made the adjustment because we realized that we needed more parking, and those two lots will not accommodate not only the businesses -- the funeral business, but the other -- additional businesses that are in the area, and also the additional people that are living now in that community that were not there before because of the abandoned lots, so we needed more space, so that is the reason why we've made the decision to -- and I support this decision -- provide the additional parking that's needed for the businesses in the area, including the Range Funeral Home, and until we complete what we need to do with Model City Trust, I think that this is the best and wisest decision for the entire community. Chairman Gonzalez: All right, so -- Vice Chairman Winton: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Winton: The -- and the Manager came down to try to help me out, and he is maybe the worst illustrator -- writing illustrator I've ever seen because the question I was going to ask originally is 1 don't understand the relationship to the 58th Court to 58th Street because I don't have a map in front of me -- Ms. Gomez -Rodriguez: Right. Commissioner Spence -Jones: Yeah. Vice Chairman Winton: -- so the Manager draws me this thing. 1 don't even know where the streets are, never mind where the parking lots are relative to anything, so Commissioner Spence -Jones, maybe you can --1 still don't have a picture. If somebody had a map, it'd be clear. You're saying that the -- this lot on 58th Terrace really runs from 58th Street back to 58th Terrace. Commissioner Spence -Jones: It goes from one side of the street to the -- it goes from 58 Street to 58 Terrace. Ms. Gomez -Rodriguez: Right. Commissioner Spence -Jones: He's going to -- yeah. Ms. Gomez -Rodriguez: If you want to take it at the end and well bring a map for you to see where they were. City of Miami Page 42 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Spence -Jones: It's going from one side of the block to the -- Vice Chairman Winton: Could we -- Commissioner Spence -Jones: -- one street to the next. Vice Chairman Winton: -- just -- could I get that? Ms. Gomez -Rodriguez: They're going to go get it. Vice Chairman Winton: Because it makes sense to me. I mean, if that's what it does. Ms. Gomez -Rodriguez: Yeah. This is across the street, and it runs from one street to the other one, and the one that Ms. Range is talking about is just -- Commissioner Spence -Jones: Sitting right -- Ms. Gomez -Rodriguez: -- next to the funeral home, but we -- Vice Chairman Winton: So it doesn't -- Ms. Gomez -Rodriguez: -- will bring a map, and we'll let you know. Vice Chairman Winton: -- necessarily preclude additional parking on the other lots, but it certainly starts the parking immediately on this lot. Ms. Gomez -Rodriguez: Right. Commissioner Spence -Jones: Right, and we're -- Vice Chairman Winton: Is that correct? Commissioner Spence -Jones: -- ready to get started now. Ms. Gomez -Rodriguez: Right. Vice Chairman Winton: And you're not going to -- and the decision on the other two lots that Commissioner Range was talking about is a decision that'll be made at some point in the future. Is that what you're saying? Commissioner Spence -Jones: What I'm -- Ms. Gomez -Rodriguez: No. Commissioner Spence -Jones: -- saying is -- Vice Chairman Winton: No? Commissioner Spence -Jones: -- presently at this time -- Ms. Gomez -Rodriguez: It was already give -- it was already taken back, and it was already given to Palmetto Homes for two additional houses. Commissioner Spence -Jones: For two -- City of Miami Page 43 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Vice Chairman Winton: Oh. Commissioner Spence -Jones: -- new homes that are going to be built on them. Ms. Gomez -Rodriguez: So those have been taken back from Off -Street Parking and given to Palmetto Homes, and there's already plans on those. Vice Chairman Winton: Well, who did those two lots belong to before? Commissioner Spence -Jones: They were -- Ms. Gomez -Rodriguez: To Model City. Commissioner Spence -Jones: Model City Trust. Ms. Gomez -Rodriguez: Model City gave it to Off -Street Parking to start doing designs. When we sat down and we looked at the old -- the whole area, they were going to be providing a hundred parking space within five different lots. Vice Chairman Winton: How did Model City get it? Ms. Gomez -Rodriguez: Through the City. We bought it from -- Vice Chairman Winton: From -- Ms. Gomez -Rodriguez: -- Ms. Range -- Vice Chairman Winton: Oh. Ms. Gomez -Rodriguez: -- and we gave -- Commissioner Spence -Jones: Yeah -- Ms. Gomez -Rodriguez: -- it to Model City. Commissioner Spence -Jones: -- and I'm just trying to wait until I -- Vice Chairman Winton: Is Palmetto Homes going to --? Commissioner Spence -Jones: Build two homes. Vice Chairman Winton: And when do they start? Ms. Gomez -Rodriguez: We -- Commissioner Spence -Jones: Well, they're not starting yet. Ms. Gomez -Rodriguez: Right. Commissioner Spence -Jones: We're just trying to -- what I'm trying to do is -- Vice Chairman Winton: That doesn't happen -- Commissioner Spence -Jones: -- provide -- City of Miami Page 44 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Vice Chairman Winton: -- until the audit's finished. Commissioner Spence -Jones: Right. Vice Chairman Winton: OK, 1 get it, so the idea now is to jumpstart parking -- Commissioner Spence -Jones: Exactly. Vice Chairman Winton: -- not wait until the audit's finished, not wait until anything else happens, but to take these two lots and do parking now -- Commissioner Spence -Jones: Yes. Ms. Gomez -Rodriguez: Right. Vice Chairman Winton: -- so they can benefit now. What happens later is going to be decided -- partially is a function of whatever findings come out of the audit. Commissioner Spence -Jones: Yes. Vice Chairman Winton: Got it. Thank you. Commissioner Spence -Jones: You're welcome. Chairman Gonzalez: All right, so what do you want to do? Commissioner Sanchez: Call the question. Chairman Gonzalez: You want to table this item till later on -- Commissioner Sanchez: We're ready to vote. Chairman Gonzalez: -- to get a map, or you want -- Vice Chairman Winton: No, no. I'm -- Chairman Gonzalez: -- to vote on it now or --? Vice Chairman Winton: I'm following her lead. Chairman Gonzalez: All right -- Commissioner Spence -Jones: So move. Chairman Gonzalez: -- so do we have -- Commissioner Sanchez: Second. Chairman Gonzalez: -- a motion? We have a motion and we have a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez.: Motion carries. PH.10 06-00628 RESOLUTION City of Miami Page 45 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Department of Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING AN EXTENSION, UNTIL JUNE 2, 2006, TO RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORPORATION TO CONSTRUCT AND SELL ONE (1) NEW SINGLE FAMILY HOME AT 3290 NORTHWEST 9 COURT, MIAMI, FLORIDA, TO A QUALIFIED LOW/MODERATE INCOME FAMILY; STATING THE INTENTION OF THE CITY COMMISSION RELATED TO THE CONVEYANCE OF TITLE; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S) FOR SAID PURPOSE. 06-00628 Legislation.pdf 06-00628 Exhibit.pdf 06-00628 Summary Form.pdf Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones PH.11 06-00629 R-06-0276 Chairman Gonzalez: PH 10. Barbara Gomez -Rodriguez (Director, Community Development): PH.10, we are requesting for you to extend the complete -- the construction completion deadline to June 2 for a property that's being built by Rafael Hernandez. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address this item, please come forward. Seeing none, hearing none, the public hearing is closed We need a motion on this item. Commissioner Winton, I believe this is yours. Vice Chairman Winton: I'm sorry. Where are we? Chairman Gonzalez: Rafael Hernandez. Ms. Gomez -Rodriguez: PH.10. We're extending -- Chairman Gonzalez: PH.10. Ms. Gomez -Rodriguez: -- the date -- the construction completion date to June 2 to complete the last house on Rafael Hernandez. Vice Chairman Winton: Yeah. So moved. Commissioner Spence -Jones: Second Chairman Gonzalez: All right. We have a motion and we have a second. We already had a public hearing. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. RESOLUTION City of Miami Page 46 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Department of Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CLOSE OUT FUNDS, IN THE AMOUNT OF $738,264.73, AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT COMMERCIAL FA?ADE PROGRAM. 06-00629 Legislation.pdf 06-00629 Exhibit.pdf 06-00629 Summary Form.pdf 06-00629 Public Notice.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0277 Chairman Gonzalez: PH.11. Barbara Gomez -Rodriguez (Director, Community Development): PH.11, we need -- we are requesting the transfer of CDBG (Community Development Block Grant) closeout funds from a variety of accounts; City of Miami Department of Community Development - Administration, 11,964.34; City of Miami Department of Community Development - Commercial Code Compliance of last year, 59,861.85; Department of Community Development - Facade Program last year, 16,071.05; City of Miami Department of Community Development - Commercial Code Compliance, 450,000; City of Miami Department of Community Development - Unsafe Structure, $200, 000; and to fund 738,264.73 to use on construction hard cost only on the facade program. Chairman Gonzalez: That's great, that's great. That's -- Vice Chairman Winton: What item are we on? Chairman Gonzalez: -- very well needed. OK, this is a public -- Commissioner Regalado: 11, 11. Chairman Gonzalez: -- hearing. Anyone from the public that wants to address this item, please come forward. Yes, sir. Charles Cutler: Yes. Charles Cutler, 706 Northwest 4th Avenue. Just briefly. With these Community Development Block Grant funding, we've been having some serious issue with providing social services to build up the residents in the community, and there's been a lot of funding that's been targeted toward brick and mortar, and I think that any opportunity that we get to put funds back into public service, community service -- Chairman Gonzalez:: This -- Mr. Cutler: -- job -- Chairman Gonzalez: -- has nothing to do with brick and mortar. This is facade improvement -- Mr. Cutler: I understand -- City of Miami Page 47 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: -- projects for the -- Mr. Cutler: -- but what -- Vice Chairman Winton: But it can't go to social services. Chairman Gonzalez: Money to be used for paint, awnings, signage, facade improvement, and this cannot -- Mr. Cutler: I understand. It's the -- the proposal that's -- that we're looking at is for the funds to be used in that. Chairman Gonzalez: In facade. Mr. Cutler: Right, but what I'm saying is that I'm just giving another alternative, instead of putting the money into the facade. Chairman Gonzalez: This cannot be used for public service. Is that correct? Ms. Gomez -Rodriguez: That's correct. Public service has a maximum cap allow under -- Chairman Gonzalez: By HUD (Department of Housing and Urban Development). Ms. Gomez -Rodriguez: -- CDBG, and we couldn't -- Chairman Gonzalez: By HUD. Commissioner Spence -Jones: We can't use these dollars for that, Charles. Ms. Gomez -Rodriguez: Correct. Chairman Gonzalez.: By HUD. Commissioner Spence -Jones: By HUD. Not in this category; that's what they're saying. Mr. Cutler: OK, thank you. Chairman Gonzalez: Anyone else from the public? Seeing none -- Commissioner Regalado: Question. Chairman Gonzalez: -- hearing none, the public hearing is closed. It comes back to the Commission. Commissioner Regalado. Commissioner Regalado: Barbara, on the facade, this is the last monies that could be allocated before the new year for the facade. Ms. Gomez -Rodriguez: That's correct. This will get us through September 30 with the amount offacade going on right now. Commissioner Regalado: OK, but -- so if they do this work, it's nothing until like September, right? Ms. Gomez -Rodriguez: September 30 -- October 1. City of Miami Page 48 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Spence -Jones: Oh, they can't use it until then? Ms. Gomez -Rodriguez: No, no, no. What he's saying is, do we have additional funding if, in the event that they want to do more, and what I'm letting him know is, as of now, we do not have additional funding. Commissioner Regalado: So we need to tell them because there are some -- Ms. Gomez -Rodriguez: Right. Commissioner Regalado: -- aggressive facade -- Ms. Gomez -Rodriguez: They are aware. Commissioner Regalado: -- groups, you know. Ms. Gomez -Rodriguez: We sat with each of them, and they gave us projection in each district, and that's how we came up with this amount of money. Commissioner Regalado: OK. Chairman Gonzalez: I may add that there are a lot of businesses in waiting list -- Ms. Gomez -Rodriguez: Right. Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- to receive these benefits. Ms. Gomez -Rodriguez: Right. Commissioner Regalado: And you know, the problem is -- and I was thinking the question --1 made a question because still there are signs damaged by the hurricane -- Chairman Gonzalez: Oh, yeah. Ms. Gomez -Rodriguez: Yeah. Commissioner Regalado: -- that the small cafeterias and merchants don't have either the insurance or the money -- Ms. Gomez -Rodriguez: Right. Commissioner Regalado: -- to -- so -- Commissioner Spence -Jones: That's a good -- Commissioner Regalado: -- the question was, could we use some kind of Wilma, you know -- Ms. Gomez -Rodriguez: We can continue looking for additional funding, and in the event that we get, we will be coming back to you and try to allocate it. Commissioner Regalado: Because actually, they can really show that it's -- City of Miami Page 49 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Ms. Gomez -Rodriguez: Yeah. Commissioner Regalado: -- hurricane damage, you know. It clearly -- Ms. Gomez -Rodriguez: Yeah. Commissioner Regalado: -- show. In District 4, we have still four or five small businesses damaged by the hurricane that do not have the money nor the insurance, and they're on a waiting list. Ms. Gomez -Rodriguez: Yeah, the only dollars that we have received that deals with the hurricane relief is for residential. We don't have anything right now for commercial, but again, we will look around. We see if there is any closeout contract that comes along, and we will be back to the City Commission. Commissioner Spence -Jones: And I just want to also add, too -- Pm sorry. I'll yield to you. Commissioner Regalado: I'm done. Commissioner Spence -Jones: The -- first of all, I'm excited the fact that we will have some money -- some additional monies that are going to be available for facades throughout the whole entire -- Ms. Gomez -Rodriguez: Right. Commissioner Spence -Jones: -- City because a lot of our small mom-and-pop businesses just don't have the resources to really uplift their businesses, so us being able to have this money is great. However, 1 do also want to -- 1 don't know if this is something I should be directing to the City Manager, but we also need to try to figure out a way -- because there's always a match to this; it's 10 or 15 percent, correct? Ms. Gomez -Rodriguez: Yes. Commissioner Spence -Jones: OK, and we can't necessarily get around it with this -- with these funds, correct? Ms. Gomez -Rodriguez: Right, correct. Commissioner Spence -Jones: And 1 just would hope, as we go into the new fiscal year, we look at, you know, alternatives or additional funding sources to assist with that 10 or 15 percent match because, for some businesses, you know, that -- it's a struggle to even have to pay the match, and I know for MLK (Martin Luther King) Boulevard, we were able to do some stuff through -- Ms. Gomez -Rodriguez: Right. Commissioner Spence -Jones: -- the poverty initiative, and maybe that's something we need to, you know, look at down the line, but I just think that it's great to be able to have the money, but if you don't even have the money to fix your business already, you know, and then to have to pay 1,500, $2, 000 to even get -- you know, to even tap into the facade -related portion of the proj -- of what we're offering, it makes it extremely difficult. 1 think that I've been working on the facade -based program for four years, and 1 have to tell you, we haven't had a building painted or done yet on MLK Boulevard. I'm just -- that's real, so I just hope that, you know, as we move forward, we find creative ways to deal with it. I think the County even waives their -- correct? -- 10, 15 per -- or they find another way to -- City of Miami Page 50 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Ms. Gomez -Rodriguez: They have different types of funding, including some general fund money that they put in. On MLK, we were able to match the County, the City, and the Mayor's poverty initiative -- Commissioner Spence -Jones: But then we had -- Ms. Gomez -Rodriguez: -- but throughout the rest -- Commissioner Spence -Jones: -- that insurance issue. Ms. Gomez -Rodriguez: Right, right. Chairman Gonzalez: All right. Commissioner Spence -Jones: I'm -- and I don't mean to make -- I have to bring it up because, you know, it's great to have it, but then if you don't have the $1, 500 to pay for it for whatever your match is, and then you don't have $5, 000 to have the additional insurance that you need, you know, by the time you finish, they would have paid six or seven grand to get $10, 000, so I just -- you know, I think we need to come up with creative ways, you know, outside of this pot of money, but I will move it because I think we need it, but if we can try to find ways to deal with it because it is a big issue. Chairman Gonzalez: All right. We have a motion. Do I have a second? Commissioner Regalado: Second. Chairman Gonzalez: We have a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Now, we have a time certain item that was called for 11 o'clock, and it's in reference to the Hammes and the Orange Bowl. Commissioner Regalado, what time do you have to leave? Commissioner Regalado: Fifteen minutes. Chairman Gonzalez: In 15 minutes. Commissioner Regalado: You want to -- I can come back anytime in the afternoon. I guess 1-- we still have CRA (Community Redevelopment Agency) -- Chairman Gonzalez: Yeah, what 1 was trying to do was exactly that, not having to come back in the afternoon. Mr. City Attorney, can we table whatever we have left in -- Jorge L. Fernandez (City Attorney): Yes, you can. Chairman Gonzalez: -- public hearings -- Mr. Fernandez: Yes. Chairman Gonzalez: -- and then come back? Mr. Fernandez.: Of course you can. City of Miami Page 51 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 PH.12 06-00630 Department of Community Development Chairman Gonzalez.: All right. Barbara, we're going to table from PH.12 to PH.15. Ms. Gomez -Rodriguez: 16. Chairman Gonzalez: Well, we'll be back to these public hearings before 12:30, that's for sure, so -- Priscilla A. Thompson (City Clerk): Thank you. Chairman Gonzalez: Yes, ma'am. Ms. Gomez -Rodriguez: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ECONOMIC DEVELOPMENT INITIATIVE FUNDS, IN THE TOTAL AMOUNT OF $99,200; ALLOCATING SAID FUNDS TO ASSISTANCE TO THE ELDERLY, INC., FOR CONSTRUCTION REHABILITATION OF THEIR ELDERLY FACILITY LOCATED AT 5617 NORTHWEST 7TH STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, WITH SAID AGENCY, FOR SAID PURPOSE. 06-00630 Legislation.pdf 06-00630 Exhibit.pdf 06-00630 Exhibit 2.pdf 06-00630 Summary Form.pdf 06-00630 Public Notice.pdf Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-06-0280 Chairman Gonzalez.: All right, let's go back to the other plan -- public hearing items. PH.12. Barbara Gomez -Rodriguez (Director, Community Development): PH.12, we are requesting $99, 200 that we receive on a special grant of the United State HUD (Department of Housing and Urban Development) EDI (Economic Development Initiative) funds to be awarded to the Assistant to the Elderly, which is a nonprofit agency that provides housing to the elderly individuals, and this will be a rehab. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to comment on this item, please come forward. Seeing none, hearing none, the public hearing is closed. It's a resolution. I need a motion on it. Vice Chairman Winton: So moved. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 52 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 PH.13 06-00631 Department of Community Development Chairman Gonzalez: Motion carries. Barbara, there is something that I want to add to this resolution and it is, I was talking to the Mayor, I think it was night before last, and you know, every time that we do one of these appropriation of money for any agency, any agency, I think that the district Commissioner, and together with Community Development, and even if the Mayor wants to be present, should have one of those big checks -- Ms. Gomez -Rodriguez: OK. Chairman Gonzalez: -- on cardboard -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- and take it to the Senate. Because you know what, all we get from the -- all the people here out there is criticism from the Herald, bad-mouthing -- in the Hispanic case, bad-mouthing by a small group, but a group of people on the Cuban radio, specifically one radio station and one program, but that's all the people here out there, and you know, we do all of this here; we provide a lot of money, a lot of assistance to the elderly, to the poor, to the children, to the single mothers, to everyone, and nobody knows about it, so each time that we start showing what we're doing here for the community, you know, so when people hear these elements on the radio -- and that's how I call them. I call them "elements" -- bad-mouthing this Commission and these elected officials, the people out there can say, wait a minute. You know, you're saying this and that, but this Commission have done this and that for me, so we need to establish a balance. Ms. Gomez -Rodriguez: We will. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC FACILITIES AND IMPROVEMENT FUNDS, IN THE AMOUNT OF $20,000, FROM ALLAPATTAH COMMUNITY ACTION, INC., AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS, TO ALLPATTAH COMMUNITY ACTION, INC., TO PROVIDE ADDITIONAL MEAL SERVICES TO THE ELDERLY; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSE. City of Miami Page 53 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 06-00631 Legislation.pdf 06-00631 Exhibit.pdf 06-00631 Exhibit 2.pdf 06-00631 Summary Form.pdf 06-00631 Public Notice.pdf 06-00631 Social Programs Agreement. pdf 06-00631 Corporate Resolution.pdf 06-00631 Pre-Attachment.pdf 06-00631 Pre -Attachment 2.pdf 06-00631 Itemized Budget.pdf 06-00631 Lobbying Certificate .pdf 06-00631 Debarment Certificate .pdf 06-00631 Sworn Statement.pdf 06-00631 Certificate of Liability Insurance. pdf 06-00631 Master Report.pdf 06-00631 Pre -Ad .pdf 06-00631 Budget.pdf 06-00631 Staff Salary Forecast.pdf 06-00631 Cost Allocation Form.pdf 06-00631 Itemized Budget 2.pdf 06-00631 Categorical Exclusion.pdf 06-00631 Compliance Documentation Checklist.pdf 06-00631 FIRM .pdf 06-00631 Map.pdf 06-00631 Enviromental Review Request.pdf 06-00631 Meals for the Elderly .pdf 06-00631 Master Report 2.pdf 06-00631 Pre -Ad 2 .pdf 06-00631 Insurace Safety Form.pdf 06-00631 Memo.pdf 06-00631 Text File Report.pdf 06-00631 Pre -Attachment 3.pdf 06-00631 Text File Report 2.pdf 06-00631 Pre -Attachment 4.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Winton and Regalado R-06-0281 Chairman Gonzalez: All right. PH.13. Barbara Gomez -Rodriguez (Director, Community Development): PH.13 is basically -- it's not allocating funds. It's just transferring a cleanup item. We awarded $20, 000 to the Allapattah Community Action, and it said that it was for public facilities and improvement, and it should have said to provide meals, services to the elderly, so it's changing the categories. It's a cleanup item. Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants to address this item, please come forward. Seeing none, hearing none, the public hearing is closed. Do I have a motion on this? City of Miami Page 54 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 PH.14 06-00632 Department of Community Development Commissioner Sanchez: So move. Commissioner Spence -Jones: Second Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") FUNDS, IN THE AMOUNT OF $24,000, FROM BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC.; ALLOCATING SAID FUNDS, TO EMPOWER "U," INC., TO PROVIDE LONG TERM RENTAL ASSISTANCE TO AN ADDITIONAL TWENTY (20) HOPWA PARTICIPANTS, INCREASING THEIR CURRENT CONTRACTED CASELOAD; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE EXISTING AGREEMENT WITH EMPOWER "U," INC., FOR SAID PURPOSE. 06-00632 Legislation.pdf 06-00632 Exhibit .pdf 06-00632 Exhibit 2 .pdf 06-00632 Exhibit 3 .pdf 06-00632 Exhibit 4 .pdf 06-00632 Summary Form.pdf 06-00632 Public Notice.pdf 06-00632 Text File Report.pdf 06-00632 Pre-Attachment.pdf 06-00632 Housing Agreement.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-06-0282 Chairman Gonzalez: PH.14. Barbara Gomez -Rodriguez (Director, Community Development): PH.14, we did get a notification from the BAME (Bethel African Methodist Episcopal) Development Corporation of South Florida, that they would no longer participate in our long-term rental assistant program for our HOPWA (Housing Opportunities for Patients with AIDS) patients, clients, and we are requesting that $24, 000 be transfer from the HOPWA funds to a company that's called Empower "U", Inc. that already provides HOPWA services to our clients. Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants to address this item, please come forward. Seeing none, hearing none, the public hearing is closed. Do I have a motion? Commissioner Sanchez: So move. City of Miami Page 55 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 PH.15 06-00633 Department of Community Development Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT GRANT CLOSE OUT FUNDS, AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, IN THE TOTAL AMOUNT OF $150,000; ALLOCATING SAID FUNDS, IN THE AMOUNT OF $40,000, TO DE HOSTOS SENIOR CENTER, INC., TO CONTINUE TO PROVIDE MEAL SERVICES TO THE ELDERLY, IN THE AMOUNT OF $30,000, TO ALLAPATTAH WYNWOOD COMMUNITY AND DEVELOPMENT CENTER, INC., TO COVER ADDITIONAL CONSTRUCTION AND IMPROVEMENT COSTS NEEDED FOR THE COMPLETION OF THE CHILD CARE FACILITY LOCATED AT 1500 NORTHWEST 16 AVENUE, MIAMI, FLORIDA, IN THE AMOUNT OF $40,000, TO JAMES E. SCOTT COMMUNITY ASSOCIATION, INC., TO CONTINUE TO PROVIDE MEAL SERVICES TO THE ELDERLY, AND IN THE AMOUNT OF $40,000, TO KIDCO CHILD CARE, INC., FOR THE CONSTRUCTION COSTS OF REHABILITATING THEIR CHILDCARE CENTER LOCATED AT 3630 NORTHEAST 1ST COURT, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID AGENCIES, FOR SAID PURPOSES. City of Miami Page 56 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 06-00633 Legislation.pdf 06-00633 Exhibit.pdf 06-00633 Exhibit 2.pdf 06-00633 Exhibit 3.pdf 06-00633 Exhibit 4.pdf 06-00633 Exhibit 5.pdf 06-00633 Exhibit 6.pdf 06-00633 Exhibit 7.pdf 06-00633 Exhibit 8.pdf 06-00633 Exhibit 9.pdf 06-00633 Exhibit 10.pdf 06-00633 Summary Form.pdf 06-00633 Public Notice.pdf 06-00633 Social Program Agreement.pdf 06-00633 Corporate Resolution.pdf 06-00633 Meals for the Elderly.pdf 06-00633 Lobbying Certificate.pdf 06-00633 Debarment Certificate.pdf 06-00633 Sworn Statement.pdf 06-00633 Categorical Exclusion.pdf 06-00633 Insurance Safety Form.pdf 06-00633 Certificate of Liability Insurance.pdf 06-00633 Certificate of Insurance.pdf 06-00633 Certificate of Liability Insurance 2.pdf 06-00633 Insurance Form.pdf 06-00633 Certificate of Liability Insurance 3.pdf 06-00633 Text File Report.pdf 06-00633 Pre-Attachment.pdf 06-00633 Economic Developement Programs Agreement.pdf 06-00633 Pre -Attachment 2.pdf 06-00633 Pre -Attachment 3.pdf 06-00633 Pre -Attachment 4.pdf 06-00633 Social Program Agreement 2.pdf 06-00633 Pre Resolution.pdf 06-00633 Pre -Attachment 5.pdf 06-00633 Meals for the Elderly 2.pdf 06-00633 Lobbying Certificate 2.pdf 06-00633 Debarment Certificate 2.pdf 06-00633 Sworn Statement 2.pdf 06-00633 Text File Report 2.pdf 06-00633 Pre -Attachment 6.pdf 06-00633 Insurance Safety Form 2.pdf 06-00633 Certificate of Liability Insurance 4.pdf 06-00633 Certificate of Property Insurance .pdf 06-00633 Public Facilities And Improvements Agreement.pdf 06-00633 Text File Report 3.pdf 06-00633 Pre -Attachment 7.pdf Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado City of Miami Page 57 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 PH.16 06-00775 Department of Community Development R-06-0283 Chairman Gonzalez: PH15. Barbara Gomez -Rodriguez (Director, Community Development): PH.15, we are requesting the transfer of CDBG (Community Development Block Grant) funds to four agencies, and this is another cleanup item, and it goes back to the hurricane days. We closed out $150, 000 of contracts, and we are requesting that the following be transferred to De Hostos Senior Center, $40, 000; the Allapattah Wynwood Community and Development Center, Inc. to complete the construction of the child care, $30, 000; James E. Scott Community Association, $40, 000; and Kidco Child Care, Inc., and this is also to complete improvement of a building that we bought for childcare, $40, 000, and we're basically requesting that you let us do those transfers. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address this item, please come forward. Seeing none, hearing none, the public hearing is closed. I have passed the gavel to Commissioner -- to Vice Chairman Winton. I'll move the -- I'll move PH.15. Commissioner Spence -Jones: Second. Vice Chairman Winton: We have a motion and a second on PH.15. Discussion. Resolution. If not, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. You can have your gavel back. Chairman Gonzalez: All right. Thank you, sir. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 05-0423, ADOPTED JULY 7, 2005, RELATING TO THE CONVEYANCE OF LAND, LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTY"), TO ROCKWOOD PROPERTIES, LLC ("ROCKWOOD"), FOR THE DEVELOPMENT OF FORTY (40) SINGLE FAMILY AFFORDABLE UNITS FOR ELIGIBLE LOW INCOME PERSONS ("PROJECT"); TERMINATING THE PURCHASE AND SALE AGREEMENT, DATED NOVEMBER 17, 2005, BETWEEN THE CITY OF MIAMI ("CITY") AND ROCKWOOD, AND DOCUMENTS RELATING TO SUCH PROPERTY AND PROJECT; AUTHORIZING A PAYMENT TO ROCKWOOD IN THE AMOUNT OF $325,000, FROM THE PROJECT BUDGET, IN REIMBURSEMENT OF COSTS EXPENDED IN CONNECTION WITH THE PROJECT, CONDITIONED UPON THE CITY'S RECEIPT OF A GENERAL RELEASE AND SUCH OTHER DOCUMENTS FROM ROCKWOOD AS MAY BE REQUIRED BY THE CITY ATTORNEY, ALL SUCH DOCUMENTS TO BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; REQUIRING THAT ANY FUTURE CONVEYANCE OF THE PROPERTY BE CONDITIONED UPON THE DEVELOPER/GRANTEE'S ASSUMPTION AND REPAYMENT TO THE CITY OF THE CITY'S TOTAL INVESTMENT IN THE PROJECT AND THE PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S) FOR SAID PURPOSE. City of Miami Page 58 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 06-00775 Legislation.pdf 06-00775 Exhibit.pdf 06-00775 Summary Form.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-06-0284 Chairman Gonzalez: PH (Public Hearing) -- Barbara Gomez -Rodriguez (Director, Community Development): PH -- Chairman Gonzalez: -- 16. Ms. Gomez -Rodriguez: PH.16, we're requesting that -- as you know, in July 7, 2005, we transferred 40 single-family lots to a company by the name of Rockwood Properties, LLC for the development of 40 single-family affordable housing units. We've been negotiating with them; it did not work out, and we are requesting that you let us bring back those properties to the City and we will put it out to find a new development for that area. This was the property that was, prior to that, handled by BAME (Bethel African Methodist Episcopal), the New Hope Overtown, and the biggest problem we face was that there has been already incurred costs on this property even from before, and it's very important that whoever gets this property pay the City back all of the dollars that we have paid out, which, right now, will be 1, 650, 506, and the numbers just didn't work out, so Rockwood has submitted a letter saying that they need to cancel the sales agreement. There will be a $325, 000 reimbursement cost that we will have to pay, which include taxes. We did have him do security of the area because there's nine vacant properties. This money will come out of the project cost already, and this will be pass on to whoever wants this property. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address this item, please come forward. Eileen Ma: Can I ask where the properties are? Priscilla A. Thompson (City Clerk): I need your name, please. Ms. Ma: Oh, I'm sorry. My name is Eileen Ma. I'm with Power U, 1633 Northwest 3rd Avenue. Commissioner Spence -Jones: It's off. She needs the address, Barbara. Vice Chairman Winton: Well, there's 40 of them. Ms. Gomez -Rodriguez: 721 and 731 Northwest 5th Avenue. Chairman Gonzalez: All right. Anyone else from the public? Charles Cutler: Charles Cutler. Just a point of information. We had -- we was talk -- discussing some things about that property earlier at a public meeting that we had, and so what you're saying now is the developer is no longer interested in that property? Ms. Gomez -Rodriguez: Correct. It's coming back to the City, and we will find a new development for that area. City of Miami Page 59 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Mr. Cutler: OK, thank you. Chairman Gonzalez: Thank you. Anyone else? Seeing none, hearing none, the public hearing is closed. Need a motion. Commissioner Spence -Jones: So moved. Commissioner Sanchez: Second. Chairman Gonzalez: We have a motion and we have a -- Vice Chairman Winton: Discussion. Chairman Gonzalez: -- second. All in favor, say "aye." Vice Chairman Winton: Comment. Chairman Gonzalez: Discussion. Vice Chairman Winton: Comment. Chairman Gonzalez: Commissioner Winton. Vice Chairman Winton: If you got a million, six in costs there, and you got 40 units -- Chairman Gonzalez: Forty thousand per unit, right? Vice Chairman Winton: Yeah. Ms. Gomez -Rodriguez: Well, we're no longer thinking of doing 40 units. Commissioner Spence -Jones: Yeah. Ms. Gomez -Rodriguez: That's the -- that's when we broke relationship with the gentleman that wanted to develop this property. The economy of scale won't do it. Forty -- Vice Chairman Winton: No, it won't. Ms. Gomez -Rodriguez: -- properties are too little. Commissioner Spence -Jones: And I don't know -- Ms. Gomez -Rodriguez: We're going to have to do more. Commissioner Spence -Jones: -- if you've seen the existing shells that are there now. Vice Chairman Winton: The who? Commissioner Spence -Jones: The shells. I think it's like eight or nine -- Ms. Gomez -Rodriguez: Nine. Commissioner Spence -Jones: -- shells that were there; that they were going to kind of just -- that has been sitting how many years, Barbara? City of Miami Page 60 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Ms. Gomez -Rodriguez: Ten years. Commissioner Spence -Jones: Ten years. Vice Chairman Winton: Oh. Commissioner Spence -Jones: They were going to fix up those shells -- Chairman Gonzalez: Oh, but we have CI -- Commissioner Spence -Jones: -- with the three hurricanes that we just already had. It doesn't make sense for us to go and complete those existing shells that we -- we need to just relook at the project, so -- and we -- Vice Chairman Winton: Completely. Ms. Gomez -Rodriguez: We need to redesign the project. Commissioner Spence -Jones: Yeah. Vice Chairman Winton: So it might become town homes or something. Was it single-family or was it --? Ms. Gomez -Rodriguez: It was going to be single-family. Commissioner Spence -Jones: Single families. Vice Chairman Winton: So maybe it's town homes or something that -- Commissioner Spence -Jones: Yeah. Vice Chairman Winton: OK. Yeah, because I was going to say, at 40,000 -- Ms. Gomez -Rodriguez: No, it doesn't work. Vice Chairman Winton: -- a unit, you're already moving out of the realm -- Ms. Gomez -Rodriguez: Yeah. Vice Chairman Winton: -- and particularly in that neighborhood, I think we need to start looking at -- I -- you know, I'm usually all in favor of us figuring out ways we recover our costs, but this is a neighborhood that dramatically needs housing. I think we ought to be looking at ways we can figure out some other way for the City to come to the table to help cover some of those costs to keep land costs down. The further -- the more you keep -- Ms. Gomez -Rodriguez: Yeah. Vice Chairman Winton: -- the land cost down -- I don't care even if you do 80 units, that's 20,000 a unit. If you could figure out how to now get that down to 10,000 a unit, because we bring something else to the table, or 5,000 a unit because we bring something, you know, we've improved -- Ms. Gomez -Rodriguez: Right. Vice Chairman Winton: -- the affordability -- City of Miami Page 61 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Ms. Gomez -Rodriguez: Right. Vice Chairman Winton: -- index, so I don't -- I think we've got to look at not just -- and I know there's probably technical issues related to where the money came from, so -- Ms. Gomez -Rodriguez: Right. Vice Chairman Winton: -- it's a HUD (Department of Housing and Urban Development) deal and you've got to -- you can't do -- you can't spend (UNINTELLIGIBLE), but we ought to be looking at how we do some trade -outs here to keep the basis in the land as low as we can. Ms. Gomez -Rodriguez: We will. Vice Chairman Winton: OK. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. City of Miami Page 62 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 ORDINANCES - SECOND READING SR.1 06-00464 ORDINANCE Second 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 FR/SR Legislation.pdf 06-00464 FR/SR Summary Form.pdf Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones 12802 Chairman Gonzalez: OK, let's go to SR. I, second reading. SR.1, anyone from the -- Jorge L. Fernandez (City Attorney): SR.1 is from the -- Chairman Gonzalez: -- Administration -- Mr. Fernandez: -- Department of Building. Chairman Gonzalez: -- that wants to address SR.1? Javier Carbonell: Javier Carbonell from the -- Chairman Gonzalez: Good morning. Mr. Carbonell: -- Building Department. Good morning. This is second reading of the ordinance to amend the flood ordinance for the City of Miami establishing a definite criteria of how to take floor elevations. Chairman Gonzalez: All right. Vice Chairman Winton: So moved. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. It's an ordinance. Mr. City Attorney, does this require a public hearing? Mr. Fernandez: Yes, it is. Chairman Gonzalez: OK, this requires a public hearing. Please, anyone from the public that wants to address the Commission, come forward. Seeing none, hearing none, the public hearing is closed. It's an ordinance. Mr. City Attorney. City of Miami Page 63 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, Madam City Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. Mr. Carbonell: Thank you. Chairman Gonzalez: Thank you. SR.2 06-00466 ORDINANCE Second 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 FR/SR Legislation.pdf 06-00466 FR/SR Summary Form.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones 12803 Chairman Gonzalez: SR.2. Jorge L. Fernandez (City Attorney): It's the Fire Department. Commissioner Sanchez: Department of Fire. Chairman Gonzalez:: Anybody from the Fire Department that can address this item? Mr. Fernandez: This is to provide for an ex -- Oh, OK. Assistant Fire Chief Allen Joyce: Good morning, Commissioners. Chairman Gonzalez: Good morning. Assistant Fire Chief Joyce: Assistant Fire Chief Allen Joyce, standing in for Chief Bryson, who's out of town on City business -- oh, I'm sorry, on business. This is a second reading for an ordinance that would allow for expedited plans review, and -- City of Miami Page 64 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Chairman Gonzalez: That is great. That is much, much needed in this city. All right. This is also an ordinance. Anyone from the public that wants to address the Commission, please come forward. Seeing none, hearing none, the public hearing is closed. It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez.: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. Chairman Gonzalez: SR.3. Thank you, sir. Assistant Fire Chief Joyce: Thank you. SR.3 06-00389 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 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 06-00389 Cover Memo.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones 12804 Chairman Gonzalez: SR. 3. Jorge L. Fernandez (City Attorney): This is the lead base initiative. The ordinance, as you remember, it was put on the agenda first reading by the Mayor's Office. This is the second reading of the amendments to the Code that need to be in place to effectuate the changes relative to lead base paint. Chairman Gonzalez: All right. Vice Chairman Winton: What are the changes? City of Miami Page 65 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Sanchez: There wasn't much. Mr. Fernandez: In particular -- actually, it places the responsibility on owners and contractors whenever there is going to be a paint surface that was painted several years ago when all of the paints contained lead. Now the City's putting the onus on the property owner and on the contractor removing that to make sure that they observe certain protocols and procedures in removing that paint so that they can avoid contamination, or basically, children being affected by introducing it into their mouth or playing with it. Vice Chairman Winton: Are they going to be required to do testing, like an asbestos test? Mr. Fernandez: I don't believe so, not specifically. Chairman Gonzalez: Commissioner Sanchez. Commissioner Sanchez: Commissioner Winton, that's a very good question on this ordinance on second reading. As you know, this -- we didn't have any laws in the books on that, and this ordinance on second reading, what it does, it basically gives us an ordinance, but really, I don't see it having a ton of teeth, to be honest with you, but I do think it's a step in the right direction for awareness of the harmness [sic] of lead paint in our community, so it's a start. We didn't have anything on the books before. Vice Chairman Winton: Well, I'm not encouraging a new test be required unless the criteria are very, very specific, so -- Maria J. Chiaro (Assistant City Attorney): There's a presumption in the ordinance that houses -- that properties built before a certain time have -- Vice Chairman Winton: What certain time is that? Ms. Chiaro: It's 19 -- Barbara Gomez -Rodriguez (Director, Community Development): '78. Ms. Chiaro: -- 78. Vice Chairman Winton: OK, so there's a presumption that any property built before 1978 does have lead -based paint, and therefore -- Ms. Chiaro: And if you're removing a certain proportion of that and -- then the presumption is there, and then the testing may be required, if it's -- Vice Chairman Winton: OK. Ms. Chiaro: -- a large -- but again, we had nothing on the books -- Vice Chairman Winton: Yeah. Ms. Chiaro: -- before. Vice Chairman Winton: OK. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address the Commission in reference this item, please come forward. Seeing none, hearing none, the public hearing is closed. We need a motion and a second. City of Miami Page 66 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. SR.4 06-00596 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Fire -Rescue 19/SECTION 19-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FIRE PROTECTION/FIRE RECORDS, REPORTS AND PHOTOGRAPHS," TO ESTABLISH A FEE FOR OBTAINING FIRE RECORDS OR PHOTOGRAPHS IN DVD FORM AS AN ADDITIONAL OPTION; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-00596 FR/SR Legislation.pdf 06-00596 FR/SR Summary Form.pdf 06-00596 FR/SR E-mail.pdf 06-00596 FR/SR Miami Code.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones 12805 Chairman Gonzalez: SR.4. Commissioner Sanchez: Fire. Assistant Fire Chief Allen Joyce: Assistant Chief Allen Joyce. This is an ordinance that would establish a fee for obtaining fire records or photographs in a DVD (Digital Video Disk) form. Commissioner Sanchez: So move. Vice Chairman Winton: So move -- second. Chairman Gonzalez:: OK. We have a motion and we have a second. It's a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward. Seeing none, hearing none, public hearing is closed Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 67 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. City of- Miami Page 68 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 ORDINANCE - FIRST READING FR.1 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 Email.pdf 06-00465 Text File Report.pdf 06-00465 Summary Fact Sheet.pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones A motion was made by Vice Chairman Winton, seconded by Commissioner Regalado, and was passed unanimously, to direct the Administration to bring back in 60 days a modified agreement and/or ordinance to the City Commission that makes recommendations for a new rate structure for towing on private property. Chairman Gonzalez: All right. Let's go to the first reading -- Assistant Fire Chief Allen Joyce: Thank you. Jorge L. Fernandez (City Attorney): It's the Police -- Chairman Gonzalez: FR.1. Mr. Fernandez: -- Department. Chairman Gonzalez: FR.1. Vice Chairman Winton: The towing ordinance. Chairman Gonzalez: Towing -- Commissioner Sanchez: Towing. Chairman Gonzalez: -- ordinance. Deputy Chief Frank Fernandez: Good morning, Commissioner. Again, Frank Fernandez, deputy chief of Miami Police Department. This is an ordinance regarding the towing charges. By charter, we're required, through the Police Department, to put together a towing committee that consists of police representatives, GSA (General Services Administration), a towing City of Miami Page 69 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 representative, and a representative from the City Manager's Office. That committee met back in February. That committee met as a result of a request from the towing companies that the towing charges had not been changed since 2000. During that meeting, they compared the towing charges from the County, who also regulates it by County ordinance. They compare them to our charges that, again, as 1 said, have not been changed since 2000. The committee did go -- went ahead and voted to approve the recommended changes that are before you here today to include an increase, and the reason for the increase is obviously fuel -- the increase in fuel, the increase in the minimum wage -- Chairman Gonzalez: Insurance. Deputy Chief Fernandez: -- and labor costs. I'm sorry. Excuse me, sir? Commissioner Sanchez: Insurance. Chairman Gonzalez.: Insurance. Deputy Chief Fernandez: Insurance, things of that nature. That's what we have here before you today to approve, or obviously, direct us to do something else with this. Chairman Gonzalez: All right. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez:: Commissioner Regalado. Commissioner Regalado: Chief I've seen the backup material, and you know, all the municipalities around us and the County are -- have similar or higher prices than what you are recommending, but the -- so, I guess, you know, we have to be (UNINTELLIGIBLE) with it, but my question is, the living wage ordinance will be applied to these companies; is that correct? Deputy Chief Fernandez: I'd have to defer that to the Law Department. I'm not -- I'd have to double-check on that just to verb. Commissioner Regalado: The -- Mr. City Attorney. Commissioner Sanchez: I don't think so. Vice Chairman Winton: He's -- Joe's explaining that. Commissioner Regalado: Oh. Vice Chairman Winton: Now he's thinking. Commissioner Regalado: Think, think, think, think. I'm just asking, you know, because -- Larry Spring (Chief Strategic Planning, Budgeting & Performance): Commissioner -- Larry Spring -- Commissioner Regalado: -- there is a living wage ordinance -- Vice Chairman Winton: Right. Commissioner Regalado: -- that establish that anyone who does business with the City -- City of Miami Page 70 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: With the City. Commissioner Regalado: -- will have to -- it would kick in. Vice Chairman Winton: You would think that. Commissioner Regalado: Huh? Vice Chairman Winton: You would think -- Mr. Spring: The -- Vice Chairman Winton: -- this would. Commissioner Regalado: That's what it is. Mr. Spring; The -- Commissioner, Larry Spring, chief of Strategic Planning, Budgeting, and Performance. The living wage ordinance that we passed lists specifically the services -- contracted services that would apply. In this case, depending on the timing, our ordinance will be effective October 1, '06, at the beginning of the next fiscal year. If this contract's inception is tomorrow, then it wouldn't apply right now. It would apply -- Commissioner Regalado: When it renew. Mr. Spring: -- when it renews. Commissioner Regalado: OK, that's fair. Deputy Chief Fernandez: Thank you. Chairman Gonzalez: All right. Any further discussion? Commissioner Spence -Jones: I just have one question, Frank. I know -- Deputy Chief Fernandez: Yes, ma'am. Commissioner Spence -Jones: -- that you did -- you said that you did an analysis compared to Miami -Dade County, and -- Deputy Chief Fernandez: That's correct, yes. The board met -- Commissioner Spence -Jones: Right. Deputy Chief Fernandez: -- at the request of the towing companies. It was a comparison done to benchmark our charges in comparison to other cities, other municipalities, as well as the County. Commissioner Spence -Jones: OK. Vice Chairman Winton: Well, the -- Deputy Chief Fernandez: I do also -- if I may, I just want to add that the current charges that we have from the County may already be outdated. I'm not sure when they actually had those in place, or when they actually came up with it, but ours had been in effect since 2000. City of Miami Page 71 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Spence -Jones: Yes. Deputy Chief Fernandez: The County may be in the same process to change their rates as well. Commissioner Spence -Jones: I was just curious. 1 know you mentioned the County, but what about the other smaller municipalities, like Miami Beach and -- did we do -- Vice Chairman Winton: They're higher. Commissioner Spence -Jones: -- a comparison with those other municipalities -- Vice Chairman Winton: Yeah. Commissioner Spence -Jones: -- or just Miami -Dade County? Deputy Chief Fernandez: Yes, we did, and by increasing it to this rate here would bring us into the average. Commissioner Spence -Jones: Oh, OK. Deputy Chief Fernandez: We would not be the highest, but we'd be in the average. Commissioner Regalado: No. The other question is the so-called pirates towing people. They go around the City, you know, trying to reach an accident even before you guys call the right towing company. There been complaints of people whose car have been towed, and they don't know where it is for like days and days, or even weeks, and it turned out that nobody knows in the City because it isn't registered, so what can we do because these companies are losing business, but the City's also losing the $27 fee that we charge, so is there a way to try to limit that through public education or whatever? Deputy Chief Fernandez: Well, certainly, Commissioner, we educate our officers and we do have a policy in place so they understand that these pirates -- the so-called pirate tow companies that are out there jumping these accidents or interfere -- interjecting as soon as they can, that they prohibit that. Now certainly, if a person has the contact information for a tow company and says come tow us, you know, that's a private issue, but not for our accidents. If they do do that, it is against a City ordinance. If they don't have a license, we enforce it. It could be subject to arrest as well. Chairman Gonzalez: Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chair. Chief you know, I'm very sympathetic to that industry, a lot of hard-working people, raising a family, but let me tell you something. Gas prices are being increased to everyone, not just them. Insurance cost is going up to everyone, just not them, and the concern that I have is, if you look at Class C and D, which those are the heavy equipments -- Deputy Chief Fernandez: Yes. Commissioner Sanchez: -- you're going from 180 to 250. I'm sure somewhere along the line there's a justification for that increase. My only concern is the guy who's out there, or the lady who's out there, with a Class A ,which is just a regular car, and they're going to be increased by $15 on that rate, so you know, I get --1 don't know who negotiated this. It wasn't in my purview to negotiate it. I'm sure it's got to meet some type of standards, but you know what? Class A, which is the 15 percent in -- the $15 increase, which is not enough -- I mean, it's $15, which could be -- nowadays, $15 can't even get you half a tank, maybe one-fourth of a tank. City of Miami Page 72 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Deputy Chief Fernandez: That's true. Commissioner Sanchez: I could just05, Class D because those are heavy equipment, and 1 mean, these people have to pay heavy equipment insurance. Heavy equipment is very expensive to go out there and assist them, but you know, the individual out there on a 5.50 an hour who gets his car towed, that's a little -- Deputy Chief Fernandez: Well, yeah -- Commissioner Sanchez: -- tough. Deputy Chief Fernandez: -- I understand, Commissioner, and believe me, I empathize and sympathize with those people that have to get those cars towed. The prices are significant, so I share your concern, but just to give you a comparison, for example, the City of Key Biscayne, on a Class C, which is what you were referring to, currently charges $210. That's what their contract services are. Commissioner Sanchez: Right now? Deputy Chief Fernandez: Right now -- Commissioner Sanchez: While -- Deputy Chief Fernandez: -- and ours is 215, so we're only $5 above them. If I take that into comparison to Indian Creek, very small city, Class C is $245, which will -- if we average it out, we're -- Vice Chairman Winton: Well, Indian Creek -- Deputy Chief Fernandez: -- actually not the top, we're at the average. Commissioner Sanchez: No, wait, wait, wait, wait, wait. Vice Chairman Winton: Indian Creek's residents have just a little bit more money than ours, you know what I mean? Commissioner Sanchez: You're going to compare Indian Creek -- Deputy Chief Fernandez: I could give you some other comparisons. Commissioner Sanchez: -- to some of my residents in Little Havana -- Deputy Chief Fernandez: I agree, sir. Commissioner Sanchez: -- you're out of your mind. Deputy Chief Fernandez: I agree. Commissioner Sanchez: That's comparing -- Deputy Chief Fernandez: Let me give you some other -- Commissioner Sanchez: -- grapes -- City of Miami Page 73 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Deputy Chief Fernandez: -- comparisons. Commissioner Sanchez: -- to kiwi. Deputy Chief Fernandez: I'll give you Miami -Dade Class C, 210. We're $5 above theirs, and again, the County, I don't believe, have increased their charges from whenever they have adjusted them, and I'm not sure if they consider fuel, insurance, and the increase in minimum wage. I share your concern. I understand perfectly where you're coming from, but these are the rates that have been set by the County. We obviously have, through the City ordinance, the ability of doing the same. We're not asking for this. This is being asked by the towing companies. We did not propose this. This came as a result of the towing companies coming to the police, coming to the City saying we're not being properly compensated in comparison to other tow companies. By City Charter, we're supposed to meet. We put the board together. They brought in comparisons. We looked at it, and we gave them what we thought was the average. The board voted on it, and I guess the board is not just police. It's police, GSA, and a member of the towing company. Now before you today is what the board recommends, but certainly, you have the ability that if you don't think it's appropriate, to dictate otherwise, and we'll go back and look at or reduce them. Commissioner Sanchez: Well, I'll tell you what, I'm OK with Class B through D. Now, if you're a business, it's a cost of doing business. You have equipment out there and it breaks -- my concern is Class A, somebody who's out there, minimum wage, and it's a $15 increase, and you can't come here in front of this Commission and say insurance cost, gas cost, because you know what? Everybody -- Deputy Chief Fernandez: I agree. Commissioner Sanchez: -- has those costs, so -- I mean, I'm OK with B, C, and D, and if we can modify -- and it's within our policy to modify it, you know, I would make a motion that Class A, we would bring it down to halfway. You know, $90 or $85. 1 mean, come on, we've got to be sensitive to some people that are out there -- Vice Chairman Winton: Match it -- Commissioner Sanchez: -- struggling everyday. Vice Chairman Winton: -- with the County's $88. Commissioner Sanchez: Match it with the County's 88; that's a great idea. Deputy Chief Fernandez: All right. Mr. Fernandez: This is -- Deputy Chief Fernandez: Just to clarini -- Mr. Fernandez: -- first reading. Commissioner Sanchez: It is on first reading because it didn't pass the last time it was here. Commissioner Winton had some concern with it, and I think we all did -- Deputy Chief Fernandez: This is first reading. Commissioner Sanchez: -- so -- City of Miami Page 74 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Deputy Chief Fernandez: Yes. Commissioner Sanchez: -- I am prepared -- if you want it to first reading -- I would modem it to Class A to match the County, which is $88, and then from there on, it's fair game. Deputy Chief Fernandez: If I may, Commissioner, just -- we did not negotiate any type of contract for -- Commissioner Sanchez: I understand. Deputy Chief Fernandez: -- these services. These are recommendations that are brought to the board; the board votes on it. They did a comparison that benchmarked our city against other ones. What we have before you today is for you to approve or dictate otherwise. Mr. Fernandez: Certainly, it is within the purview of this Commission to do what you're proposing to do, and for first reading, if you would make that motion, that amendment, and then for second and final reading, it will -- Commissioner Sanchez: I just want -- Mr. Fernandez: -- be brought back to -- Commissioner Sanchez: -- sure that our -- Mr. Fernandez: -- you corrected. Commissioner Sanchez: -- their fees are compatible, but please don't compare them to, you know, Indian Creek, and -- Deputy Chief Fernandez: If I may, Commissioner, I could give you other comparisons, but we have Miami -Dade at Class C -- Commissioner Sanchez: Fisher Island, you know, they don't have -- Deputy Chief Fernandez: Yeah. Commissioner Sanchez: -- cars in Fisher Island. Deputy Chief Fernandez: I agree, I agree. I don't think they tow any cars from there, but Miami -Dade County, for example, Class A is $88 -- Commissioner Sanchez: OK. Class B? Deputy Chief Fernandez: -- and once again, I just want to qualify -- Commissioner Sanchez: What's their Class B? Deputy Chief Fernandez: A Class B is 200 --115 for a Class B; a Class C, 210; a Class D, $270. That's what we have right now. Now -- Chairman Gonzalez: Yeah, but you don't know for how long those prices have been in place -- Commissioner Spence -Jones: Yeah, they -- Deputy Chief Fernandez: That's -- City of Miami Page 75 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: -- and if they have revised them -- Commissioner Spence -Jones: -- you said they might change. Chairman Gonzalez: -- right? Deputy Chief Fernandez: That may change, as well. That's what I want to qualify this with by telling you that we don't know how long ago they actually voted on those prices. It may have been before the price of gas went up, before the minimum wage changed, so we may be back here again, who knows when, to readdress it again, but certainly, if I may, 1 could give you North Miami, for example -- North Miami, which is somewhat comparable, Class A, $97; Class C, $235. I mean, they're fairly high. Commissioner Sanchez: I would move the item with the modification to Class A of $88, matching the County. Deputy Chief Fernandez: Yes, sir, $88. OK. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: 1 would second that motion, and I -- we have to understand that, in terms of industry, you know, transportation -- you know, the goods that we eat have gone up because of the prices of insurance and gas, but one thing that I wanted to point out, Chief and maybe to the people of the industry here, is that it's not so much -- I mean, it's fair, six years inflation, it's two and a half percent nationally. Miami -Dade County is between four and five percent, so we're double the national rate of inflation, so it's only fair that there is an adjustment. You know, in six years, there's been no adjustments, so it's only fair, but I think that the most important issue to protect a lot of residents is the time of storage. When cars are towed and people don't know where their cars are because they were parked illegally, you know, blocking a driveway. You know, we call the police a lot in the residential area; abandoned cars, people don't know -- and it's not so much the cost of the towing, but the storage. If people -- Commissioner Sanchez: What? Commissioner Regalado: -- are not informed for five, six, seven days, at the end of the day, they going to have to come up with $1, 000 because of the storage, so is there a remedy, and maybe from the industry, that we can sort of expedite getting in touch with the owner saying, look, your car is here, you know, and you got to come down and get it because every day that pass, it cost you $20 or $50, or whatever it cost, so I'm fine with the adjustment, but I think that one of the concerns that people have is the storage, the days that pass without knowing where the car is. Chairman Gonzalez: All right. We had a motion and we had a second. Yes, sir. This is a public hearing. Stanley Mykytka: I'd like to start with good morning, Commissioners. I'm Stanley Mykytka from Ted & Stan's Towing Service. First, I'd like to correct the statement, which the officer may not understand. This Commission directed the City of Miami Police Department to sit down with the towing services to work out the new contract. We presented the City of Miami a request to match the County rates -- their highest rate set, or a little bit higher rate than normal because we're going to be under this contract anywhere from three to six years from now. Under the previous contract, the one we're under now, we've been under this contract for six years as it is. We were told -- and it's written in the contract -- after the first year, we could go to the City Manager and get a rate increase. Five years later, we still tried to get the rate increase and we never got it. Not that the City Manager had problems, because he came back, and he said this would have to City of Miami Page 76 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 be incorporated into the law. It went through the Police Department and it stalled at the Police Department. We gave a request for our rates to the City, and the City changed those rates and brought it down to these rates. Now I ask (UNINTELLIGIBLE) Class A -- Commissioner Sanchez, I understand that there's a lot of poor people out here. Maybe the minimum wage needs to be raised, but the poor people are paying insurance, if they have it, food, and everything, compared to a personal rate or a individual rate. A towing service -- our insurance just increased 70 percent in the last three years. That's $100, 000 for a small company. Tire -- prices of tires increased 300 percent in the last three years. Fuel has increased 100 percent in the last three years. Diesel fuel, the most cheapest fuel to make, is more expensive than most gas, but does anybody go back to the gas industry and say what's going on here? There's a lot of talk about it, but nothing's happening. Rent -- the property tax in Dade County last year just doubled on my property, 7,000 to $14, 000 for a commercial property. Yes, it seems excessive, but we may be under this rate for six years. Now 1 just did another survey, not all the cities in Dade County, but Coral Gables, West Miami, Medley, Pinecrest, Coral Gables, Hialeah, highway patrol, Metro -Dade County. Yes, Metro -Dade County is at $88 right now. The contract has not changed in over three to four years because Dade County, as of last year, increased their rate cap, so more than likely, Dade County will be increasing their rate, but Hialeah is $65, the cheapest one. West Miami is 97; Medley, 97; Pinecrest, 97; Coral Gables, 95; highway patrol, 97; and Miami -Dade, 88. If -- I'm pretty sure most of the Commissioners, if you don't have it in front of you, you'll have it in your office. There is two mean averages. The first one on the first page is a mean average using our current rates. The second page is a mean average using the proposed rates, which will bring everything close into line, taking into consideration it's going to be another six years. The CPI (Consumer Price Index) -- national CPI, since 1996, which shows on the first page, has increased 35 to 38 percent. The towing rates have always been low, and if you'll look on the sheet and take in consideration -- in 1996, we had a rate set by the City. In 19 -- in 2000, they actually lowered rates on us; not much, $5, $10, but they lowered the rates. We're just trying to stay even with the national average and make even some profit so we can service the City with proper equipment, proper employees, and proper time. Thank you. Chairman Gonzalez: Thank you, sir. Anyone else? Dave Miller: Good morning. Chairman Gonzalez: Morning. Mr. Miller: Dave Miller, Nu Way Towing. Thank you. You're right. The majority of the towing is Class A, there's no doubt about it, and 73 percent of my Class A towing is left at my storage yard for salvage, for junk. We not only tow for the City, but we're doing a lot of the cleanup for the City also in the neighborhood areas that we tow for. Vice Chairman Winton: What percent? Mr. Miller: Seventy-three percent. Commissioner Regalado: Wow. Mr. Miller: It's quite high. I mean, 1 should have brought you a photo of my yard. It would be real nice if every car that we towed got picked up and paid the $65, or the $88, or even the 95, but we're doing more than just simply towing cars, and then they come and pick them up. We're doing a lot of cleanup for the City of Miami. Vice Chairman Winton: How does that --? If you pick up an abandoned car in the City and it goes to your yard, how does that get paid for? City of Miami Page 77 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Mr. Miller: It doesn't get -- well, we eventually, after 42 days, we junk the car out. We do a certificate of destruction. We have to advertise it. We have to do an auction. There's quite a bit of expense into it, you know. Vice Chairman Winton: Yeah, a lot of (UNINTELLIGIBLE). Mr. Miller: Certified letters, and then we eventually junk the car out -- Vice Chairman Winton: Wow. Mr. Miller: -- and that's -- over 70 percent of these cars are abandoned on us, so yes, it's very nice if every unit we picked up got picked -- you know, was picked up and retrieved by the public, so I mean, there is a -- you know, that offsets that a lot, so there is a big cost in that, and we do this -- that's part of the service that we provide to the City of Miami, so I would like that consideration, if you would, please, sir. Thank you, and by the way, the County is, within the next six months, 1 believe -- and I may be corrected on that -- coming up for a renewal on their contract. I'm certain that they're going to be raising their rates. Thank you. Chairman Gonzalez: Thank you, sir. Yes, sir. Good morning. Robert Kay: Good morning. Bob Kay, with Midtown Towing. I'm the representative for the towing industry. I just want to echo his comments and make one additional comment that these vehicles that we tow, like you said, at least 70 to 80 percent of them are not picked up, and we do have an agreement with the Police Department, as well as state law that the vehicle owner is notified within 48 hours of the vehicle being towed, so we're not excessively holding the vehicles in hostage for payment. They are notified in a timely fashion, and it's done by certified mail. Chairman Gonzalez: Thank you. Mr. Kay: Thank you. Chairman Gonzalez: Anyone else from the public? Seeing none, hearing none, the public hearing is closed. We had a motion and we had a second, and I -- you know, I agreed with Commissioner Sanchez concerns, but I also have a problem with this contract lasting six years without these people having an opportunity to come back and revise their rates. Vice Chairman Winton: Right. Chairman Gonzalez: Especially, you know, since the County might be raising their rates, who knows, maybe next month, and then they're going to be in the same situation. The situation isn't going to get better; it's going to get worse. The problem with the oil and gas and all that is going to get worse. Vice Chairman Winton: And insurance. Chairman Gonzalez: The insurance is getting -- each day is getting worse and worse. The maintenance of their equipments, what it cost, is incredible. It's not the same thing to fix a car than to fix one of these big trucks, so I'm proposing a friendly amendment that their contract -- they be given the opportunity to have their contract revised maybe in two years. Glenn Marcos (Director, Purchasing): Commissioner Sanchez. Commissioner Gonzalez: Yes. Mr. Marcos: I mean, Gonzalez, I'm sorry. Glenn Marcos, Purchasing director. Just want to City of Miami Page 78 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 point out that the actual agreement that we have with the towing industry does allow the City and the towing industry to come back at any given point in time to revisit those actual prices, but I want to go ahead and be mindful of the fact that I don't want to revisit this every four to five months either, and that's the message that we're sending to them is that we want to go ahead and look at our constituents, OK, and be concerned of the rates, and we're mindful of that, so I just want to point out to the Commission that we do have that provision that the City and the towing industry may come together and revisit that at any given point in time. We're just not going to make it that easy. Chairman Gonzalez: And what happened that they were with the same contract for six years? Mr. Marcos: It was a five-year contract. It was not six. It was five years, and again, we made it very difficult for them to end up increasing that. The last discussion that took place -- Chairman Gonzalez: You made it very difficult? Mr. Marcos: We did make it very difficult because of Commissioner Sanchez concern that we have to be mindful of the fact that, you know, we do have residents and we know that, you know, there's not a lot of residents out there that can afford this, so we have to end up keeping that in mind, and we have, but 1 want to also point out to you that, within the last request of an increase, we already knew that we were going to issue a request for qualification, and therefore, with the issuance of a new request for qualification, we went ahead and waited until the issuance of a new request for qualification to increase those rates. Those rates were compared to those municipalities surrounding the City of Miami, and that's why we're in front of you asking for that increase to the actual ordinance. Thank you. Chairman Gonzalez: Well, I -- you know, I offer a friendly amendment. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: I don't know if -- Commissioner Regalado: Mr. Chairman, 1-- Chairman Gonzalez: Yes. Commissioner Regalado: -- would urge you to insist on your amendment for one reason. Glenn just said that this contract allows for them to revisit -- but then, at the same time, he says we made it very difficult -- Chairman Gonzalez: Very difficult. Commissioner Regalado: -- so it is something that I don't understand. It's either yes or no, so I think that it's proper and it's fair for the people, for the City, for the police, for the industry to do it every two years, and -- Commissioner Sanchez: As the maker of the motion, I accept the friendly amendment, for the record. Chairman Gonzalez: All right. Maria J. Chiaro (Assistant City Attorney): Mr. Chairman, the -- Chairman Gonzalez: Yes. City of Miami Page 79 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Ms. Chiaro: -- amendment would not be, however, to the ordinance. The ordinance has rates consistent with the agreement. The amendment would be to the agreement, so the direction that you gave, in terms of the two years or a revisit to two years, would not impact this ordinance, so there's no amendment to the ordinance that is proposed before you. Chairman Gonzalez: Listen, I don't care. That's legal -- Vice Chairman Winton: I have no idea what she just said Chairman Gonzalez: That's -- Commissioner Regalado: No, no, no, no, no, no. Chairman Gonzalez: Yeah, you know, I'm -- Commissioner Regalado: No. Chairman Gonzalez: You know, every time you get lawyers involved in the -- they lose you. Vice Chairman Winton: Yeah. Chairman Gonzalez: I don't care what you do. I don't care how you do it; in what document it goes, in what piece of paper, and that one little sentence, OK, one little fine print. I want them to have the opportunity, in two years, to come back and revise rates -- Commissioner Regalado: It's better -- Chairman Gonzalez: -- and I don't know if I'm going to be here in two years, but if I'm here in two years, I don't want to hear that you make their life miserable in order for them to get a better rate. I don't think that's fair because 1 don't know how you feel or how you will feel if you ask for a salary increase and we make your life miserable to get a salary increase. You wouldn't like that, would you? Mr. Marcos: No, but it's been done. Chairman Gonzalez: And I agreed with the sentiment of the residents of the City of Miami, OK, because I have a lot of poor people in my district. 1 represent a lot of poor people and a lot of working class, but also, they provide a service to the Police Department. Also, there is something out there that 1 don't know how it could be stopped, or how it could be remedied, the problem of the pirates that are stealing work from them -- Commissioner Sanchez: That's a -- Chairman Gonzalez: -- and you have a whole bunch of them out there, a whole bunch of them. Commissioner Sanchez: -- big problem. Chairman Gonzalez: OK, that is a big problem. They're not only stealing business from them, but as Commissioner Regalado says, they're stealing money from the City because they're not paying the surtax that these companies are paying to the City, so -- Mr. Marcos: Commissioner Gonzalez -- Chairman Gonzalez: -- saying that -- City of Miami Page 80 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Mr. Marcos: -- we will amend the actual agreement, as you're indicating. Chairman Gonzalez: Yes. Mr. Marcos: That's the document we'll be amending, and just -- Chairman Gonzalez: Thank you. Mr. Marcos: -- for the record, when I make -- when 1 say that we made it very difficult, please let the record reflect what we mean is that it needs to be justified. All we're looking for is justification, and when we have that, we'll be more than happy to meet the towing industry at the table and end up amending the actual -- Chairman Gonzalez: All right. Mr. Marcos: -- contract. Vice Chairman Winton: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Winton: I guess I have another -- a minor different thought about this in terms of when they could come back before us, and I would like it to be in 12 months, not 24 months because in -- I don't know what's going to happen in 24 months. I don't even know what's going to happen in 12, but 1 know one thing for sure, in 24 months, I'm not going to be here. That is absolutely for sure. In 12, I should be, but in 24, I won't, and I would like to listen -- particularly, if we're going to reduce the Class A to 88, which is, I think, the motion that's on the table, because they've made -- and if you all remember, I deferred this last time because I was uncomfortable with this -- Chairman Gonzalez: Right. Vice Chairman Winton: -- but they've made very compelling arguments for issues that they have to deal with, and 1 wouldn't mind us revisiting this in a year while I'm still here, as opposed to two years from now when, baby, sayonara. Chairman Gonzalez: Well -- Commissioner Regalado: It's fair. I would amend the friendly amendment. Chairman Gonzalez: Twelve months. Commissioner Sanchez: Well, to make it -- to simplify the process, could you withdraw your amendment -- Chairman Gonzalez: I'll withdraw -- Commissioner Sanchez: -- for two years -- Chairman Gonzalez: -- my amendment. Commissioner Sanchez: -- and I will accept a 12-month -- but just -- Vice Chairman Winton: OK. City of Miami Page 81 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Sanchez: -- to close this up 'cause in closing -- how many of the towing companies are in the City? Raise your hand. Molina's in; all of you are in the City. Mr. Mykytka: It's a requirement that we are all -- Commissioner Sanchez: Exactly. Mr. Mykytka: -- in the City. Commissioner Sanchez: Exactly. Now -- Vice Chairman Winton: (UNINTELLIGIBLE). Commissioner Sanchez: -- do -- yeah, it is. They have to be in the City. Now, do you have other facilities throughout the County? Mr. Mykytka: No, sir. Commissioner Sanchez: You only have the City. Mr. Mykytka: Correct, sir. Commissioner Sanchez: All right. When 1 look at your thing -- and let me tell you; B, C, and D, I support, OK. When I was a state trooper and I called you or I called for a towing company, if you were on our list and I was in turnpike and Okeechobee or turnpike and Miami Gardens Drive, wherever, you had to drive all the way out there. That's wear and tear and fuel that you spend, but when you're in the City, your wear and tear is not as bad as going all the way out there, so as to compromising -- because I have the outmost [sic] respect for your industry. You are the hardest working individuals that I know out there because I've been out there with you, but 1 have a responsibility to look after the little guy out here who may not have 20 bucks in his pocket, and if his car has to be towed, I'd rather him pay $88 for now than the 95. Mr. Mykytka: I completely understand, and if 1 may comment to the Commissioners. Our current contract started January of 2005. That's going into our sixth year now, so I think Mr. Marcos needs to go back and check his records. Also, this Commission has directed the City of Miami on private property -- this is another issue, and 1 know you all don't want to hear this. Every time we bring this issue up -- 18 years, we've been towing at the same rate, and this Commission directed the City of Miami to sit down with us and change the rate. Now the City of Miami put a proposal together and passed it to the Legal Department. All we're asking is that the Legal Department pass it into the Commissioner or the City Manager's Office. Vice Chairman Winton: I'm missing something. Mr. Mykytka: Private property towing. Vice Chairman Winton: I don't understand. Mr. Mykytka: Commissioner -- this -- it's the same issue; it's a different issue. Commissioner Teele directed Major Longuiera, when you were handling the booting issue, to change the private property rate to the same thing as the booting issue. It was never done. Two years ago, we asked for an increase on a private property, which is at $50, compared to $101 in the County. We're not asking for 101; nothing's gotten done. Vice Chairman Winton: So let me see if I understand this. If you're towing cars off of private property, we regulate that rate also? City of Miami Page 82 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Mr. Mykytka: That's correct. It's $50 for the tow and $15 to the City. Vice Chairman Winton: Oh, and why didn't -- is that being addressed as well? Commissioner Regalado: Why isn't a uniform towing? Vice Chairman Winton: Yeah. Commissioner Regalado: Because, I mean, you know -- Vice Chairman Winton: Maybe we should just direct staff to work with towing company and bring something back on private property towing. Chairman Gonzalez: Yeah. Commissioner Regalado: On the second reading, on the second reading. Vice Chairman Winton: Or even -- Mr. Mykytka: Commissioner Winton -- Vice Chairman Winton: -- if it has to be separate, just so they bring it back here. Mr. Mykytka: -- if you contact the Legal Department at the Police Department, they already have a proposal -- Vice Chairman Winton: OK, so -- Mr. Mykytka: -- put together by the Police Department. Vice Chairman Winton: -- we have a motion on the table. Maybe we can vote on it, and then we'll put a new motion on the table to direct staff to bring back the private property towing rates schedule within 60 days. Mr. Mykytka: Thank you, sirs. Commissioner Sanchez: Call the question. Commissioner Regalado: Ordinance, read the ordinance. Chairman Gonzalez: All right. Let's vote on this -- oh, first, it's an ordinance. Madam City Attorney. Ms. Chiaro: Do 1 understand the amendment to be that these rates will be in effect for 12 months? Commissioner Sanchez: Twelve -- Commissioner Regalado: Yeah. Commissioner Sanchez: -- months -- Commissioner Regalado: Yeah. City of Miami Page 83 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Sanchez: -- revisit and 88 for Class A, everything else stays the same. Vice Chairman Winton: Correct. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Gonzalez: All right. Roll call. Remember, it is as amended. Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, as modified, 5/0. Vice Chairman Winton: And I'd like -- Chairman Gonzalez: Commissioner Winton, you have -- Vice Chairman Winton: Thank you. I'd like to make a motion to direct staff to bring back a -- whatever they've got to bring back, modified ordinance, modified agreement, whatever it is that y'all have to bring back, modified both, that makes recommendations for a new rate structure for towing on -- Chairman Gonzalez: Private property. Vice Chairman Winton: -- private property. Commissioner Regalado: Second. Vice Chairman Winton: So moved. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed -- Vice Chairman Winton: In -- Chairman Gonzalez: -- have the same right. Vice Chairman Winton: -- what, 60 days, right? Is that what we said before, 60 days? Chairman Gonzalez: Sixty days. Vice Chairman Winton: Sixty days. City of Miami Page 84 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 RESOLUTIONS RE.1 06-00650 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BIDS Purchasing OF THE BG GROUP, LLC (PRIMARY), AND DEMOLITION MASTERS, INC. (SECONDARY), RECEIVED MARCH 27, 2006, PURSUANT TO INVITATION FOR BID NO. 05-06-006, FOR DEMOLITION SERVICES CITYWIDE, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS, ON AN AS -NEEDED, CONTRACT BASIS, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $500,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $2,000,000; ALLOCATING FUNDS FROM THE VARIOUS DEPARTMENTS' GENERAL OPERATING BUDGETS, SUBJECT ONLY TO BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 85 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 06-00650 Legislation .pdf 06-00650 Summary Form.pdf 06-00650 Award Recommendation.pdf 06-00650 Bid List.pdf 06-00650 Award Sheet.pdf 06-00650 Tabulation Sheets.pdf 06-00650 Web Page.pdf 06-00650 Bid Response Form.pdf 06-00650 Current On -going Projects.pdf 06-00650 Minority Affidavit.pdf 06-00650 Affirmative Action Policy .pdf 06-00650 Location Affidavit.pdf 06-00650 Statement of no bid.pdf 06-00650 Statement of Intent to Comply.pdf 06-00650 Bid Response List.pdf 06-00650 Letter.pdf 06-00650 Construction Licensing Board.pdf 06-00650 Bid Response Form 2.pdf 06-00650 Compliance office I.D. pdf 06-00650 License Information.pdf 06-00650 Certificate of Competency.pdf 06-00650 Qualification Statement.pdf 06-00650 Minority Affidavit 2.pdf 06-00650 Affirmative Action Policy 2 .pdf 06-00650 Location Affidavit 2.pdf 06-00650 Statement of no bid 2.pdf 06-00650 Statement of Intent to Comply 2.pdf 06-00650 Bid Response Form 3.pdf 06-00650 Qualification Statement 2.pdf 06-00650 Minority Affidavit 3.pdf 06-00650 Affirmative Action Policy 3 .pdf 06-00650 Location Affidavit 3.pdf 06-00650 Statement of no bid 3.pdf 06-00650 Statement of Intent to Comply 3.pdf 06-00650 Bid Response List 2.pdf 06-00650 License Information 2.pdf 06-00650 Bid Response Form 4.pdf 06-00650 Term Contracts On Hand.pdf 06-00650 Completed Term Contracts .pdf 06-00650 Minority Affidavit 4.pdf 06-00650 Affirmative Action Policy 4 .pdf 06-00650 Location Affidavit 4.pdf 06-00650 Statement of Intent to Comply 4.pdf 06-00650 Bid Response List 3.pdf 06-00650 License Information 3.pdf 06-00650 Bid Response Form 5.pdf 06-00650 Qualification Statement 3.pdf 06-00650 Minority Affidavit 5.pdf 06-00650 Affirmative Action Policy 5 .pdf 06-00650 Location Affidavit 5.pdf 06-00650 Statement of no bid 4.pdf 06-00650 Statement of Intent to Comply 5.pdf 06-00650 License Information 4.pdf City of Miami Page 86 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 06-00650 Bid Response Form 6.pdf 06-00650 Qualification Statement 4.pdf 06-00650 List Of Projects.pdf 06-00650 Minority Affidavit 6.pdf 06-00650 Affirmative Action Policy 6 .pdf 06-00650 Location Affidavit 6.pdf 06-00650 Statement of Intent to Comply 6.pdf 06-00650 State of Florida Certificate .pdf 06-00650 License Information 5.pdf 06-00650 Certificate of Insurance.pdf 06-00650 License Information 6.pdf 06-00650 Bid Response Form 7.pdf 06-00650 License Information 7.pdf 06-00650 Qualification Statement 5.pdf 06-00650 Minority Affidavit 7.pdf 06-00650 Affirmative Action Policy 7 .pdf 06-00650 Location Affidavit 7.pdf 06-00650 Statement of no bid 5.pdf 06-00650 Statement of Intent to Comply 7.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0285 Direction by Chairman Gonzalez to the City Attorney to coordinate a meeting to include himself the City Manager, Barbara Gomez -Rodriguez, Director of the Department of Community Development, and any other necessary individuals, to find a solution to the problem with an abandoned property in his district. Chairman Gonzalez.: All right. We're going to resume the City Commission meeting of May 11, 2006, and we're going to go into the RE. 1 items -- I'm sorry, RE (resolution) items, so we're going to begin with RE.1. Is there anybody from the Administration that wants to give us some information on the record on this item? Commissioner Sanchez: RE.1. Chairman Gonzalez: RE. 1. Vice Chairman Winton: Mr. Acting City Manager, could you tell your staff back there we're all ready, we're all going --? Chairman Gonzalez.: Right. Unidentified Speaker: They're gone to get them. Vice Chairman Winton: You know, they need to look at the agenda, see how many items are left, and the people that are going to be up here need to be out here, not sitting back there. Chairman Gonzalez: I was going to say that, but I didn't want them to say that the Chairman -- Vice Chairman Winton: You know -- Chairman Gonzalez: -- is being -- City of Miami Page 87 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Vice Chairman Winton: -- it's ridiculous. Chairman Gonzalez: -- a dictator. Vice Chairman Winton: Well, I'll help you be the dictator. Chairman Gonzalez: -- and you are -- you're a hundred percent right. If they know they have an item -- Vice Chairman Winton: (UNINTELLIGIBLE) TV's (television's) on -- Commissioner Spence -Jones: Yes, Mr. City Manager. Can you --? Commissioner Sanchez: Sometimes you have to be. Chairman Gonzalez: If they know they're -- Vice Chairman Winton: Yeah. Chairman Gonzalez: -- going to have an item, they should be sitting in here and not back there, you know -- Vice Chairman Winton: Yeah. Glenn Marcos (Director, Purchasing): Hello. Chairman Gonzalez: All right. Mr. Marcos: Commissioner, Glenn Marcos, Purchasing -- Vice Chairman Winton: Hi. Mr. Marcos: -- director. Vice Chairman Winton: Hi, Glenn. Chairman Gonzalez: Glenn, I think today is not your day, so 1 hope this is your last item. Commissioner Sanchez: You know, be gen -- Mr. Marcos: And it hasn't been a good day. Commissioner Sanchez: Listen, be gentle with him; he's wearing a pink tie. Vice Chairman Winton: Yeah. Mr. Marcos: I'm very sensitive today. RE.1 is the citywide contract for demolition services. We're recommending the actual award to two actual vendors. The primary vendor for this particular award is BG Group; the secondary vendor is Demolition Masters. This is a two-year contract with the option to renew for two additional one-year. It's a $500, 000 annual contract for a total contract amount of $2 million. Vice Chairman Winton: How much have we used per year if the last two years? City of Miami Page 88 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Javier Carbonell (Building Department): We used roughly between a hundred and $150, 000 per year, depending on the process. Priscilla A. Thompson (City Clerk): Can we get your name for the record, please. Mr. Carbonell: Javier Carbonell, Building Department. Vice Chairman Winton: I had a sense that the answer was going to be something like that, and so why are we asking for half a million a year when our average is a million and a half? Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Spence -Jones: 1 got a lot to (UNINTELLIGIBLE). Vice Chairman Winton: You do? Commissioner Sanchez: That's why it's in front of us. Vice Chairman Winton: Are we really going to? Unidentified Speaker: Yes, sir. Vice Chairman Winton: OK, fine. Chairman Gonzalez: All right. I -- Vice Chairman Winton: That's good enough answer. Chairman Gonzalez: -- also -- Vice Chairman Winton: Hey, if they're going to, I'm happy. Chairman Gonzalez: Yeah. Vice Chairman Winton: I don't want to underfund that. Commissioner Spence -Jones: Yeah. I got a lot to (UNINTELLIGIBLE). Vice Chairman Winton: That's been a battle we've had -- Commissioner Sanchez: But -- Vice Chairman Winton: -- for -- since I've been here. Chairman Gonzalez: Uh-huh. Commissioner Sanchez: Mr. Chair, may I? Although I support the money and I think it's important to have the money so we could demolish a lot of these properties that are eyesore, and I've always said it very clear, we have to take care of our house before we start looking at other people in our community, so I always say, if it's our property and it looks bad, then we have -- we couldn't be telling other people to keep up their property when ours don't look the way they should, but the issue here is not the money. The issue here is the long process between the City and the County to tear some of these homes. I've been through that nightmare in Little Havana to try to get a house demolished. I mean, we have to somehow partner up with the County so we simplify the process on this issue. I mean, there's issues we could work. There's some issues that City of Miami Page 89 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 we don't have a clear understanding -- Vice Chairman Winton: I'm beginning to wonder. Commissioner Sanchez: -- and my position has always been, you're better off being at the table negotiating than being far away from the table and not being able to accomplish anything, but the issue here is the problem of the process that we need to simpli5Y it so it doesn't take us years to demolish a property, one single property -- Mr. Marcos: Right. Commissioner Sanchez: -- and I have in my district some that have gone multiple years for us to be able to demolish them. Mr. Carbonell: It's the process established by the County and the way we handle that process. It's a matter of us sitting with Legal and maybe coming up with a better plan, but we've done that before and we're still in the same place. Commissioner Spence -Jones: So I just want to be clear, Commissioner Sanchez, since I guess I'm the youngest on the dais. Are you saying, even if we have the monies to do it, there's still a long process to even get the buildings knocked down? Vice Chairman Winton: Oh, absolutely. Commissioner Sanchez: Absolutely. You need -- Vice Chairman Winton: Mind -boggling. Commissioner Sanchez: -- the money to be able to do it -- Commissioner Spence -Jones: Right. Commissioner Sanchez: -- but then you still have to follow that process between the City and the County -- Vice Chairman Winton: Unsafe Structures Board. Commissioner Sanchez: -- and there's all types of appeals, there's all type -- I mean -- Mr. Carbonell: Right. Commissioner Sanchez: -- it's a very -- Mr. Carbonell: It's a -- Commissioner Sanchez: -- complicated -- Mr. Carbonell: Right. Commissioner Sanchez: -- voluminous and extensive process -- Vice Chairman Winton: And expensive. Commissioner Sanchez: -- to be able to demolish a property or a house or whatever in our city. City of Miami Page 90 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Spence -Jones: Oh, but not if we own it, though, right? Chairman Gonzalez: No, not if it's -- Vice Chairman Winton: Not if we own it. Chairman Gonzalez: -- City property. Commissioner Spence -Jones: OK. Vice Chairman Winton: Yeah, that's a different issue, if we own it. Commissioner Spence -Jones: OK. Chairman Gonzalez: All right. I don't want to -- Vice Chairman Winton: So moved. Chairman Gonzalez: -- do anything that is out of order, but I want to take this opportunity, if my colleagues allow me, I've been dealing with a situation of a property on Northwest 36th Street and 17th Avenue, the corner building. It has been an eyesore for the last 20 years that I can remember, continue to be an eyesore, and it's going to be an eyesore forever and ever and ever, and I have talked to Building Department, I have talked to Fire I have talked to everyone, and there seems to be no way that we can make this landlord make that property decent, because you know, I'm working very hard to try to change the image of that area there, and these people -- I don't know what the problem is. I don't know if they are a sacred cow or what the problem is, but we don't seem to be able to get that problem solved. Another problem, Mr. Manager and Mr. City Attorney, in the issue of demolitions, I have a property in Allapattah that has been abandoned for the last probably 20 to 25 years. The owner of the property has been cited for violations. It's -- the gentleman is 85 or 86 years old; he don't -- he wanted to give the property to the City. Mr. City Attorney, you know what I'm talking about. We have been dealing with that, but meanwhile, the grass have grown and grown and grown and grown, and the property has deteriorated. They have animals on the property. It's an eyesore. 1 have the neighbors complaining. The gentleman trying to get rid of the property and donate the property to the City. I would like to schedule --1 don't know if any of you are going to be on vacation next week, but if you're not, I would like to have a meeting with you, Mr. City Attorney, Mr. City Manager, Barbara Rodriguez, and I don't know who else needs to be at that meeting, but Mr. City Attorney, since you know the issue, I want you to coordinate a meeting with everyone that needs to be there to see if we find a solution to this problem, but it needs to be solved, all right? Jorge L. Fernandez (City Attorney): We'll follow up. Chairman Gonzalez: Thank you so much. Vice Chairman Winton: He wants to donate the property to the City and we can't figure out how to take it? Chairman Gonzalez: He already did, and we accepted the property. Now, they say there's a problem with title and they have to clear title, but you know, they make it so difficult. Meanwhile, the property -- and it looks -- you should see the pictures. Vice Chairman Winton: Yeah. Chairman Gonzalez: I mean -- City of Miami Page 91 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 RE.2 06-00654 Department of Capital Improvement Programs/Transpor tation Vice Chairman Winton: I can visual. Chairman Gonzalez: You could see that. I mean -- Vice Chairman Winton: Yeah. Chairman Gonzalez: -- that's terrible, OK, and 1 don't find a solution to clean the place up. Vice Chairman Winton: It's amazing how the private sector can always seem to get this stuff done relatively quickly and government can't ever get any of it done. Chairman Gonzalez: Right, right. Vice Chairman Winton: There's always an excuse. There's always, I got this technicality, that technicality, this technicality. Chairman Gonzalez: Right. All right, so that's that. It's a resolution. Do 1 hear a motion on this item? Commissioner Sanchez: So moved. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") DATED OCTOBER 20, 2004, WITH GANNETT FLEMING INC., PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 03-04-087, FOR THE PROVISION OF TRANSPORTATION AND TRANSIT PROFESSIONAL SERVICES ON A CONTINUING BASIS FOR MISCELLANEOUS PROJECTS, IN AN AMOUNT NOT TO EXCEED $300,000, INCREASING THE CONTRACT FROM $2,000,000 TO $2,300,000; ALLOCATING FUNDS FOR SAID INCREASE, FROM THE BUDGETS OF VARIOUS CAPITAL IMPROVEMENTS PROGRAM PROJECT ACCOUNTS; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT, FOR SAID PURPOSE. City of Miami Page 92 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 06-00654 Legislation.pdf 06-00654 Exhibit.pdf 06-00654 Exhibit 2.pdf 06-00654 Exhibit 3.pdf 06-00654 Summary Form.pdf 06-00654 PSA.pdf 06-00654 Scope of Work.pdf 06-00654 Work Order.pdf 06-00654 Compensation and Payment.pdf 06-00654 Master Reportr.pdf 06-00654 Wage Rates.pdf 06-00654 Pre Legislation.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0286 Chairman Gonzalez: RE.2. Glenn, have a good day. Goodbye. Gary Fabrikant: Gary Fabrikant, Department of Capital Improvements. This item -- Priscilla A. Thompson (City Clerk): I'm sorry, we didn't hear that. Vice Chairman Winton: Gary, you need to pull the microphone closer. Chairman Gonzalez.: The mike. Vice Chairman Winton: Nobody can ever hear you. It -- you can wiggle this thing. There you go. Mr. Fabrikant: Gary Fabrikant, Department of Capital Improvements. This item is to request a change order in the amount of $300, 000 to the professional service agreement Gannett Fleming for the streetcar project. As a result of this change order, Gannett Fleming will be issued three work consignments, which include the environmental assessment of the Overtown Metrorail Redevelopment project, additional services for the transportation element of Miami 21, and project management oversight services for phase II of the Civic Center Improvement Plan. This work is necessary to obtain the funding for the streetcar project. Vice Chairman Winton: So moved. Chairman Gonzalez: All right. We have a motion. Commissioner Sanchez: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RE.3 06-00776 RESOLUTION City of Miami Page 93 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Department of Capital Improvement Programs/Transpor tation A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 05-0690, ADOPTED NOVEMBER 17, 2005, THAT AUTHORIZED THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF CAPITAL IMPROVEMENTS AND TRANSPORTATION TO ISSUE WORK ORDER NO. 2, 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 $2,200,000. 06-00776 Legislation.pdf 06-00776 Summary Form.pdf 06-00776 Master Report.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones RE.4 06-00777 R-06-0287 Chairman Gonzalez: RE.3. Gary Fabrikant (Procurement Supervisor, Department of Capital Improvements): RE.3 is an item to rescind a resolution approved by the City Commission on November 17, 2005, concerning hurricane debris monitoring services provided by HDR Engineering. The resolution is approved; could have been (UNINTELLIGIBLE) as the funds having -- coming from the existing allocation under the contract previously approved by the Commission for HDR to provide programs management service to the City. The intent was for the approval to be for a change order to the HDR contract, and we are bringing this item back as part of the next item. Chairman Gonzalez: All right. Commissioner Sanchez: OK. This basically rescinding the old resolution, correct? Mr. Fabrikant: This is rescinding the old resolution, that's correct. Commissioner Sanchez: So moved. Vice Chairman Winton: Second. Chairman Gonzalez: All right. We have a motion and we have a second. I have a question. How much of this money will be -- will we be able to get from the government? Mr. Fabrikant: Well, 1 was going to cover that in the next item. Chairman Gonzalez:: OK. All right. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Those opposed have the same right. RESOLUTION City of Miami Page 94 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO INSTRUCT THE Improvement DIRECTOR OF CAPITAL IMPROVEMENTS AND TRANSPORTATION TO Programs/Transpor ISSUE WORK ORDERS NO. 2 AND NO. 3 IN SUBSTANTIALLY THE tation ATTACHED FORMS, 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 $7,772,160, CONSISTING OF $2,199,800, FOR HURRICANE KATRINA AND $5,572,360, FOR HURRICANE WILMA; INCREASING THE COMPENSATION FROM $7,280,878 TO AN AMOUNT NOT TO EXCEED $15,053,038; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $7,772,160, FROM THE DESIGNATED HURRICANE RECOVERY ACCOUNT NOS. 800005 AND 800007. 06-00777 Legislation.pdf 06-00777 Exhibit 1.pdf 06-00777 Exhibit 2.pdf 06-00777 Exhibit 3.pdf 06-00777 Exhibit 4.pdf 06-00777 Exhibit 5.pdf 06-00777 Exhibit 6.pdf 06-00777 Summary Form.pdf 06-00777 Memo.pdf 06-00777 Master Report.pdf 06-00777 Master Report 2.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0288 Chairman Gonzalez: RE.4. Gary Fabrikant (Procurement Supervisor, Department of Capital Improvements): This item is for approval of change order to the HDR previously approved contract by the City Commission for program management services. They provided for debris monitoring services resulting from both Katri -- Hurricanes Katrina and Wilma. This request is to increase the HDR contract by a maximum of $7,772,160. However, of this request, $6, 846, 800 will be paid to five subcontractors who performed the majority of the work under this contract. Of these five subcontractors, three are City of Miami firms, and these firms hired local workers within the City of Miami. Chairman Gonzalez: And they did a great job. Mr. Fabrikant: Yes, they did. Included among this workforce were a breakdown of 156 blacks, 56 Hispanics, 77 women, and 8 others, so -- Commissioner Spence -Jones: So we had women in there. Mr. Fabrikant: -- 77 women, so it was well spread out among the community, who actually did the work under this contract. The maximum compensation that HDR will actually receive under City of Miami Page 95 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 this contract will be $925, 360. This work was mandated by FEMA (Federal Emergency Management Agency), and without this work being performed, we would not be eligible for any reimbursement or limited reimbursement for the debris pickup. As a result of HDR -- being able to use HDR, we were able to respond the same day of each hurricane to start clearing the street for emergency services, as well as the residents of our City. We also were able to be reimbursed for Katrina 87.5 percent of the eligible expenses resulting from the debris pickup. Chairman Gonzalez: I have a question. Are we set up with a same type of operation for this year's season in case we have --? Joe Arriola (City Manager): Let me explain that, Commissioner. Two things that -- one that I forgot. Of this money that we are allocating 87 and a half percent, we'll also be reimbursed -- Chairman Gonzalez: Yeah. Mr. Arriola: -- on it, and we are sending bids right now getting ready at the end of the month, I understand, right? Yeah. Alicia Cuervo Schreiber (Chief of Operations): Friday. Mr. Arriola: Yeah. Ms. Cuervo Schreiber: On Friday, Commissioners. Mr. Arriola: On Friday, OK. Vice Chairman Winton: What's your name? Ms. Cuervo Schreiber: Alicia Cuervo Schreiber, chief of Operations. The three RFPs (Request for Proposals) that surround this type of service, the one of monitoring, will be a request for bid, on Friday will be going out, I believe. If not -- Chairman Gonzalez: And let me ask you -- Ms. Cuervo Schreiber: -- the following week. Chairman Gonzalez: -- how long is -- does that process take before you receive the RFP and you select the companies and --? Ms. Cuervo Schreiber: We're not following the RFP process; it's a request for bid, and if Glenn Marcos is out there, I believe it's a ten-day turnaround. The scopes were already prepared. We'll be negotiating with different contractors. It'll be open to different bidders. Chairman Gonzalez: You know, my concern is that -- Mr. Arriola: Yeah. Chairman Gonzalez: -- June is here; we don't know if we're going to be hit again or when, if we get hit again, but 1 want to make sure that we're ready -- Mr. Arriola: Yeah. Chairman Gonzalez: -- like we were last year, you know. Ms. Cuervo Schreiber: Yes. City of Miami Page 96 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: All right. Any questions from the Commission? Commissioner Sanchez: Johnny. Chairman Gonzalez: Commissioner Regalado, you have a question? Commissioner Regalado: Yeah. I had a lot of time with Procurement and Solid Waste, and in a different occasion with Alicia on this contract, and 1 understood some of the things that 1 didn't understand before. The only thing that I still don't understand is the -- some of the payments from FEMA that had not been approved, and HDR was supposed to supervise the different subcontractors that were picking up, and yesterday afternoon we talked to Mario, and one of the complaints I said -- I'm sure that all of you got complaints -- is that some of the subcontractors left debris in the street; that when they pick up huge branches, they left the street dirtier than before, so he has addressed this in this new round, but the only thing that I don't understand is why did HDR didn't hold the feet to the fire to the subcontractors because we still have some issues with FEMA that have not been resolved in terms of payment Granted, the City is getting 67 percent; County's getting less, some cities are getting less, some other cities are getting more. It depends on -- Vice Chairman Winton: I thought they said eighty -some percent. Commissioner Regalado: Oh, eighty -- Chairman Gonzalez: Eighty-seven. Commissioner Regalado: -- some percent. The County's getting 67 percent, so we're better off than the County, but that's not the point. Two wrong don't make one right. The only thing I don't understand is why -- OK. This is done. What 1 wanted to know is next hurricane season, do we have like provisions that the people that we be supervising for FEMA's purposes will be able to have all the documents ready and all that, and then neither Mario or Alicia have to get involved in this document thing. That's what I wanted to know. Mr. Arriola: Commissioner, first thing is, there's no outstanding issues with FEMA today. All issues with FEMA have been corrected and everything's up-to-date, and second of all, all the -- whether we use the same folks or a new set of folks, they will be ready with -- to operate from day one on it. That will be a base requirement. They have a performance bond requirement, so they'll be up-to-date, but I don't know where the issues with FEMA comes up with, but they're nonexistent as of today. Commissioner Regalado: Oh. Alicia mentioned that to me, so -- Mr. Arriola: Oh, I'm sorry. Yeah, but they're not a problem as of today. Commissioner Regalado: What? Mr. Arriola: They're not a problem. We don't have a problem with FEMA. Commissioner Regalado: OK. Because when I spoke to Alicia, we discussed some of the issues and she said that she would not approve something and FEMA would not approve something, but that's OK. I just want to make sure that come next season, we don't have the situation that we had in the past. Chairman Gonzalez: All right. Commissioner -- Vice Chairman Winton. City of Miami Page 97 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Vice Chairman Winton: Yeah. I just want to be clear on something. On the $15 million, are you saying that FEMA is likely to or already has or is going to reimburse us or none of the above about 87 percent -- Mr. Arriola: Eighty-seven and a half percent, sir. Vice Chairman Winton: -- of the 15 million? Mr. Fabrikant: Not against the $15 million. The $15 million -- Vice Chairman Winton: I'm sorry, I didn't hear you. Start over. Mr. Fabrikant: The $15 million -- Commissioner Regalado: No, seven. Commissioner Sanchez: Of the seven. Mr. Fabrikant: Right, the 15 million -- Commissioner Regalado: The seven. Mr. Fabrikant: -- is a total increase to the value of the contract. The change order we're requesting is 7, 772, 000. Of that 7, 772, 000, the reimbursement rate will be at 87.5 percent. Vice Chairman Winton: OK, so answer the question about the 15 then, so I understand. Mr. Fabrikant: The 7.2 -- Mr. Arriola: Not the 15 -- Mr. Fabrikant: -- million -- Vice Chairman Winton: Not the seven, 15. Mr. Arriola: Excuse me, excuse me. The problem is he's not giving the right -- the contract for the FEMA for the hurricane is seven million, two hundred and eighty -- no, 7,772,160. The other contract -- Vice Chairman Winton: Seven point -- Mr. Arriola: -- is an existing contract that we had for other work with them. It has nothing to -- Vice Chairman Winton: Doesn't have anything to do with FEMA. Mr. Arriola: -- do with FEMA. It has nothing to do with the hurricane. Mr. Arriola: Nothing. Vice Chairman Winton: That's what I was trying to understand. Mr. Arriola: OK, sorry. That's why I was -- Vice Chairman Winton: You've answered the question for me. City of Miami Page 98 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Mr. Arriola: -- interrupted you. I'm sorry. Vice Chairman Winton: Thank you. Chairman Gonzalez: Commissioner Sanchez. Mr. Arriola: But the hurricane part -- Vice Chairman Winton: I'm clear now. Mr. Arriola: -- you'll get 87 and a half percent. Vice Chairman Winton: Is only the seven, two eighty. Commissioner Sanchez: And I think that was where all the confusion was, and -- Mr. Arriola: Yes. Commissioner Sanchez: -- I thank you and the staff for meeting yesterday. I know that we had a lot of questions pertaining to this. My advice to the Administration was to better explain the expenses of service because it was a little misleading when you break it down, and I just -- the notes that I took -- Mr. Arriola: Yeah. Commissioner Sanchez: -- and I have here, it's important to say that HDR and the City have a 7.2 million contract for project management, correct? Mr. Arriola: Yes. Commissioner Sanchez: OK, and that the item added a 7.7 million to the HDR for debris haul away monitoring for the two hurricane, and pertaining to that, it was -- most of the money, which I think is 6.8, is going to subcontractors -- Mr. Arriola: Yes. Commissioner Sanchez: -- minorities that went out there and absolutely did a great job to clean up our city. Now, as you know, the process in itself is a very complicated process for the reimbursement, and we must have the mechanism in place for assure that we do have good accountability and good record -keeping to make sure that we are, at the end of the day, reimburse as much as possible, and so far with the amount that we have been able to recoup, I'm very pleased with that, so having said that, the only concern that I had at one time was that it was misleading in a way because it's a big ticket item. It's -- Mr. Arriola: Yes. Commissioner Sanchez: -- $15 million when you add it all up -- Mr. Arriola: Yes. Commissioner Sanchez: -- so -- Vice Chairman Winton: OK. Well -- Commissioner Sanchez: -- thank you for the clarification. City of Miami Page 99 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Vice Chairman Winton: I'm sorry, but I'm now reconfused [sic] after --1 thought I was not confused until you started talking. Commissioner Sanchez: Do 1 do that to you? Commissioner Sanchez: No, no, you didn't do it. I think you raised a good question -- Mr. Arriola: Let me -- Vice Chairman Winton: -- that I think isn't adequately answered in my mind. Mr. Arriola: OK. Let me explain something again. Vice Chairman Winton: Start with 15. Mr. Arriola: OK, good. No, do not go to 15. Basically, we have a seven million -- well, let's say seven million and change contract that we have existing with this folks before the hurricanes. They do our engineering and our planning. You know, they do a whole bunch of other work for us. Vice Chairman Winton: And it's up to 7.77? Commissioner Sanchez: Seven -- Mr. Arriola: That's at 7.2. Chairman Gonzalez: Seven seven two. Mr. Arriola: Seven two. Vice Chairman Winton: Seven two eighty was a contract -- Mr. Arriola: Yes. Vice Chairman Winton: -- that they had for professional services nonrelated [sic] to hurricane anything. Mr. Arriola: Exactly, sir. Chairman Gonzalez: Um -hum. Vice Chairman Winton: OK. Mr. Arriola: OK. Vice Chairman Winton: That's -- Mr. Arriola: And then -- Vice Chairman Winton: OK. Mr. Arriola: -- the rest of it is -- Vice Chairman Winton: Is the hurricane. I'm -- City of Miami Page 100 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Mr. Arriola: -- the hurricane. Vice Chairman Winton: That's what I thought. OK, understand. Mr. Arriola: At one time was two -- when we first brought it up was like two million and change, and then we had another hurricane, and that's why it went up -- Vice Chairman Winton: OK. Mr. Arriola: -- to the seven, and -- Vice Chairman Winton: That's what I thought. I -- Mr. Arriola: -- the numbers are so close that have brought a lot of confusion. Vice Chairman Winton: I'm reclear [sic] again. Mr. Arriola: I'm sorry. Vice Chairman Winton: Thank you. Chairman Gonzalez: All right. Commissioner Spence -Jones, any questions? Commissioner Spence -Jones: Uh-uh. Chairman Gonzalez: All right. Do I -- Vice Chairman Winton: Did we make a motion? Chairman Gonzalez: -- hear a motion? Vice Chairman Winton: So moved Commissioner Sanchez: So moved. Vice Chairman Winton: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City of Miami Page 101 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 BOARDS AND COMMITTEES BC.1 05-00795 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Dr. Margaret Okonwo Commissioner Michelle Spence -Jones 05-00795 memo.pdf 05-00795 members.pdf 05-00795-resignation. pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0293 A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sanchez, and was passed unanimously, to appoint Dr. Margaret Okonwo as a member of the Health Facilities Authority Board. Chairman Gonzalez: Now we're going to go into board appointments, and the first is BC.1, Health Facilities Authority Board. Commissioner Spence -Jones has one nomination. Commissioner Spence -Jones: I'm the first one, right? Chairman Gonzalez: BC.1. Commissioner Spence -Jones: I don't know if -- I hope you have this information. OK. Dr. Okonwo. Priscilla A. Thompson (City Clerk): No, I don't. I'm sorry. Commissioner Spence -Jones: OK. I'll make sure that -- that's who I'm nominating for the Health Facilities. Ms. Thompson: Can you repeat that name for me? Commissioner Spence -Jones: Margaret Okonwo. Ms. Thompson: OK. Thank you. Commissioner Sanchez: I'm not even going to ask you to spell it. Commissioner Spence -Jones: Don't ask me to spell it, but I know also -- I just want to direct -- I mean, I know that the City Attorney and I talked about this Health Facilities Authority. I just want to make sure whoever that attorney is that handles it, I still haven't gotten the data from them. I really want to make sure I do that, because I think that we need to look at what this City of Miami Page 102 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 BC.2 06-00068 Office of the City Clerk board actually does, because I don't want to nominate people to a board that's not doing anything, but I'm going to put her there for now, until we resolve. Chairman Gonzalez: All right. Is there a second? Vice Chairman Winton: I wasn't list -- Commissioner Sanchez: Oh, second. Commissioner Regalado: Second. Vice Chairman Winton: Second. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) BOARD OF DIRECTORS FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Sergio Rok DDA Board of Directors 06-00068 memo.pdf 06-00068 members.pdf 06-00068 nominations.pdf 06-00068 Nomination Rok.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0294 A motion was made by Vice Chairman Winton, seconded by Commissioner Sanchez, and was passed unanimously, to confirm Sergio Rok as a member of the Downtown Development Authority (DDA) Board; further waiving the term limits of Section 2-885(b) of the Code of the City of Miami, as amended, by a unanimous (5/5) vote of the members of the City Commission, as it relates to Sergio Rok as a member of the Downtown Development Authority (DDA) Board. Chairman Gonzalez: BC.2, Downtown Development Authority. Vice Chairman Winton: I move to reappointment Sergio Rok. That requires a five -fifths term waiver -- Commissioner Sanchez: Second. City of Miami Page 103 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Vice Chairman Winton: -- and let me put on the record also so that each of you know. I appointed a committee to make appointments to the board and gave them the responsibility to also figure out what we're going to do as we move forward with board appointments and term limits, and we're going to be bringing some changes back to the Commission because we are creating term limits. We've all agreed that we need fresh blood, and so this'll probably be the last time you see a five -fifths requirement because virtually the entire board, over the course of the next 18 months, is going to turn over. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say aye. The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. BC.3 06-00081 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 06-00081 memo.pdf 06-00081 members.pdf 06-00081 castillo vacancy.pdf DEFERRED NOMINATED BY: Chairman Angel Gonzalez Commissioner Michelle Spence -Jones Direction by Chairman Gonzalez to City Attorney Jorge Fernandez to report back to the Commission and opine whether an individual who serves on the Homeland Defence/Neighborhood Improvement Bond Program Oversight Board can also sit as a member of the Finance Committee. Chairman Gonzalez: BC.3. I have an appointment, which I'm going to defer. Commissioner Spence -Jones, you have one appointment. Commissioner Spence -Jones: I'm deferring it. Chairman Gonzalez: You're deferring -- let me ask a question. I have Manolo Reyes. He's serving on the Bond Oversight Board. Can he serve in two boards or not? Priscilla A. Thompson (City Clerk): That is a question that we need to put to our legal counsel. Jorge L. Fernandez (City Attorney): We need to take a look at the nature of both boards and do an analysis on that basis. Right off the bat, I cannot tell you what are the disclosure and reporting responsibility of individuals appointed to one or the other, but -- Chairman Gonzalez: All right. City of Miami Page 104 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Mr. Fernandez: -- so we would -- Chairman Gonzalez.: Then I'm going to defer -- Mr. Fernandez: -- need to know that, and -- Chairman Gonzalez: Get me the information so at the -- Mr. Fernandez: Sure. Chairman Gonzalez: -- next meeting, 1 can -- Mr. Fernandez: And that would be -- Chairman Gonzalez: -- do an appoint -- Mr. Fernandez: -- he's on the bond -- Chairman Gonzalez: He's on the Bond Oversight Board. Mr. Fernandez: And you're also thinking of appointing him to which other board? Chairman Gonzalez.: To the Finance Committee. Mr. Fernandez: To the Finance Committee, OK. BC.4 05-01470a RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVIL SERVICE BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mariano Cruz Commission -At -Large Miguel de la 0 Commission -At -Large Florene L. Nichols Commission -At -Large 05-01470a memo.pdf 05-01470a members.pdf Motion by Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Noes: 1 - Commissioner Winton R-06-0295 A motion was made by Commissioner Regalado, seconded by Chairman Gonzalez, and was passed unanimously, with Vice Chairman Winton dissenting, to appoint Mariano Cruz as a City of Miami Page 105 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commission -at -Large member of the Civil Service Board. A motion was made by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Winton dissenting, to appoint Miguel de la 0 as a Commission -at -Large member of the Civil Service Board. A motion was made by Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Winton dissenting, to appoint Florene L. Nichols as a Commission -at -Large member of the Civil Service Board. Chairman Gonzalez: All right. BC.4, Civil Service Board. Commissioner Regalado: Mr. Chairman, 1 nominate Mariano Cruz as a member at -large. Chairman Gonzalez: All right. We have a motion on Mariano Cruz, and -- Johnny, will you chair for a minute? And I'm going to send that -- I'm going to second that motion. Vice Chairman Winton: We have a motion and a second. I'm going to comment. I haven't seen it of late, but several years ago, I asked the Civil Service Board to send me a monthly report on activity, and that report is supposed to let us know what actions come before the board and how they responded to those actions. We have in the City of Miami a tremendous number of really good, dedicated, hard-working employees, but since I've been here, we also have a cadre of employees whose sole goal is to not work, not work, and they get bumped around from department to department to department and never get fired, or they get buried in a department and never get fired because the management team won't keep fighting to fire them because it comes to the Civil Service Board and firings are almost never upheld, and so we've talked and talked and talked and talked at this Commission about making government responsive to citizens. You can't make government responsive to citizens if you have employees that are in departments who absolutely refuse to do their work and to provide real service to citizens, and their role becomes the role of demoralizing the rest of the staff because I'm a really good employee and I'm busting my butt to do the right thing and do it all the time, and this yo-yo right down the hall from me doesn't do anything, I'm saying, after a couple of years, what am I busting my hump for when they're doing nothing? And the Civil Service Board quit sending me their report, but the last time 1 checked -- and I had a year's worth of data. It's been a while -- I don't recall that there was one recommended firing that was upheld by the Civil Service Board. Now, I can guarantee you that every person that management recommends to be fired shouldn't be fired, you know. They're not perfect either, and so that's the role that the Civil Service Board should play, is the role of truly fair, but the role that this Civil Service Board is playing isn't fair and it's stacked to demoralize the good employees because they absolutely refuse to hammer the bad guys, and so I'm not going to support any Civil Service Board member that's currently on the board from this point to 18 months from now because I think we're making a grave mistake by continuing to keep the same people on there who absolutely refuse to take care and do the right thing about the employees who refuse to do their job, and we're doing a disservice to the 95 percent of our employees who are great, but you all know that, in the real world of anything, that five percent can be terribly destructive and demoralizing, and we're not doing anything about that group, and I can tell you, firsthand, management has quit. I'm mad at them, but it is demoralizing for them as well because you do all the work, you document, you have progressive discipline, like you're supposed to do, but you do the progressive discipline, you do all the things you're supposed to do, you bring it to Civil Service Board No, no, that really shouldn't be fired; just suspend him for a while and bring him back, and that doesn't work, so that's my pitch. I hope that we all consider, as we move forward, we've got to do something about the Civil Service Board or we will all leave here one day and look back and say, well, we talked about really making a change, but we missed one of the most crucial elements to create real success in service for our residents. End of story. City of Miami Page 106 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Regalado: Mr. Chairman, if I may comment? Chairman Gonzalez: Yes, of course. Commissioner Regalado: That's one way, very intelligent, to see it. There is another way. At the end of the day, the Manager has the authority to do whatever he needs to do regardless of the Civil Board [sic]. Vice Chairman Winton: Can he? Chairman Gonzalez: Yeah, of course. Commissioner Regalado: Yes. Vice Chairman Winton: I thought -- Commissioner Regalado: Absolutely. Vice Chairman Winton: -- if the Civil Service Board ruled -- Chairman Gonzalez: No. Joe Arriola (City Manager): Yeah. Vice Chairman Winton: -- you -- the Manager -- Commissioner Sanchez: All right, but it puts the Administration -- Unidentified Speaker: Yes. Commissioner Sanchez: -- in a legal bind. Commissioner Regalado: But let me finish. Vice Chairman Winton: Well, 1 want to hear the answer, though, so I don't understand. Commissioner Regalado: Let me finish. Commissioner Sanchez: It puts this City in a legal bind. Let's put that on the record. Vice Chairman Winton: OK. Well, let's -- Commissioner Regalado: Let me finish. Vice Chairman Winton: Go ahead. Commissioner Regalado: The way you presented it, it's intelligent and it make sense, but at the same time, when employees see that they have a body that they can go to and express their grievances, as the Constitution say that you can through the First Amendment, they feel safer, and they could become either whistle -blower or, you know, say the things that they think that are wrong because at least they know that they have a body that will listen to them and that would probably be fair according to their ideas, and so much so that, recently, the Administration took a step that is, it was very unusual and unique. They suspend the TV (television) transmission of the Civil Board [sic] because -- and that's the only board that is not being broadcast on Miami TV. The reason given by -- to me by the Communications director is that it's very -- it would be City of Miami Page 107 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 very unfair to have employees in the City or the people of the City hear bad things about what is going on, so it is -- I mean, take it as a symbol because, after all, they can get fire. Would they be filing suit if they get fired? They would if the Civil Service Board will uphold the firing anyways Vice Chairman Winton: But they don't. Commissioner Regalado: -- but they don't, but at the end of the day, if they don't get fired, it's because the Manager respects or doesn't respect the Civil Service Board. That's up to the Manager, who has the sole responsibility of all the employees in the City, but what I'm saying is that we shouldn't be sending the message to the employees that we will be impaneling a Civil Service Board that will always be 100 percent in tune with what the Manager says. Vice Chairman Winton: I don't think 1 said that. In fact, I clearly didn't say that. 1 very well -- Mr. Arriola: By the way -- Commissioner Regalado: More or less. Vice Chairman Winton: You're not recognized, excuse me. I very clearly said that it's supposed to be an impartial entity; said that up front, and that we want fairness and objectivity -- Commissioner Regalado: That's right. Vice Chairman Winton: -- but you can't have a long-term record of never upholding a firing and suggest then that that's impartial, so Mr. City Attorney, I have a question for you. Commissioner Regalado said that if the Civil Service Board rules against the management on a case where an employee has been fired and Civil Service Board says, "No, you're not fired; we're just going to suspend you for a week or two weeks, and come back to work," and Commissioner Regalado said that the Manager then has the right to still fire that person. I'm missing something. Jorge L. Fernandez (City Attorney): Well, the -- we're looking at the Rules of Civil Procedure because we weren't anticipating this debate at this stage. My initial recollection is that if the Civil Service Board does not find in favor of the Administration's action, then that in -- the City Manager is limited in what he can do in disciplining or in terminating that individual. Can the City Manager ultimately fire an individual notwithstanding the recommendation of the Civil Service Board? It would be my position that he could, but as a matter of being advised with regard to following the process, he would be hard-pressed to do so and we would be recommending -- but ultimately, the responsibility for all employees in the City lie with the City Manager. Vice Chairman Winton: Well -- Commissioner Spence -Jones: But -- Vice Chairman Winton: -- I'm not sure I un -- I think 1 kind of understood what you said. Commissioner Regalado: Translate that. Vice Chairman Winton: Yes, would you translate that? You said he could still do it. Well, then, if he can still do it, why doesn't he do it? Excuse me, you're not recognized, please. If he can still do it, then why doesn't he do that? What's --? There must be a reason why he doesn't. Is it because it goes to court after that? I mean, what's the --? Mr. Fernandez: I will ask Ms. Chiaro to explain to you because this is not so much an issue of City of Miami Page 108 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 our own Civil Service rules, but there is case law that has interpreted the proceedings in front of the Civil Service Board. Vice Chairman Winton: Thank you. That's what I'd like to hear. Chairman Gonzalez.: What 1 understand -- Pm sorry. Anyone else wants to comment on this? Commissioner Sanchez: I'll be last. Vice Chairman Winton: He does. Chairman Gonzalez: I'll be last. Vice Chairman Winton: Yeah. Chairman Gonzalez:: I'll be last. Go ahead. Oh, you're finished? Vice Chairman Winton: Maria. Chairman Gonzalez: I'm sorry. You're done? Vice Chairman Winton: No. I'm -- I still got the -- you want me to chair or you want to --? Chairman Gonzalez: No, you chair. Vice Chairman Winton: OK. Maria. Maria Chiaro (Assistant City Attorney): As a general rule, the case law related to the findings of the Civil Service Board, that is, if the Civil Service Board disagrees with the actions of the Administration, the City Manager, in discipline or in termination of an employee, as long as the Civil Service Board bases its findings on a record and makes findings for its decision, then the City Manager is limited in what the City Manager can do based upon the findings of the Civil Service Board. The ci -- in other words -- Commissioner Regalado: Translate. Ms. Chiaro: -- in simple language -- Commissioner Regalado: Translate. Vice Chairman Winton: Yeah, no kidding. Ms. Chiaro: -- the Civil -- Commissioner Regalado: Translate. Ms. Chiaro: -- once the Civil Service Board bases its decision on findings offact, then the Manager no longer has the authority to change the ruling of the Civil Service Board -- Vice Chairman Winton: OK. Ms. Chiaro: -- based on case law out of Miami Beach. Vice Chairman Winton: OK, so -- which is my point, so -- but I've made my point; y'all have heard it. Commissioner Sanchez. City of Miami Page 109 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Sanchez: Look, I'm all for a due process, and Commissioner Winton, I tend to agree with you on some points. I'm all for a due process. Everyone deserves a due process, and as you stated, people shouldn't just be fired on the -- based on the opinion of one person. It should be based on the records and the fact, but the due process have to have three things that are very important for it to be just: impartial, fairness, and just. There has to be those three things, and the record that have been established by the Civilian Service Board [sic] has clearly not shown that in the past, not that I've agreed with all the calls they've made. They certainly have not agreed with all the calls that I've made as a Commissioner, but I think that when you do have a process and you do have managers and you do have people out there that are doing what's right and they build their record and they come in front of the Civil Service Board and they lose a case, you know, one out of ten ain't bad, two out of ten ain't bad, but when you're ten for ten, it really takes the moral out of them, and really, they basically stop building a record to try to take people to the point of getting rid of the bad apples, and we do have bad apples in the City. We have a lot of great apples, but we have some bad apples, and those are the ones that need to go through a process that has to hold those three things. Vice Chairman Winton: I would agree. Commissioner Michelle Spence -Jones. Commissioner Spence -Jones: I just -- you know, again, just taking it all in. I just need some -- a point of clarity, and maybe that may come from the City Attorney. For those City employees, this, in some cases, can be the last stop for them, correct? Mr. Fernandez: The Civil -- Vice Chairman Winton: For all. Mr. Fernandez: Service Board? Commissioner Spence -Jones: Yeah, yeah. Mr. Fernandez: Yes. Commissioner Spence -Jones: I'm saying like City employees that come in front to air whatever the issues are, tell their side of the story, this could be their last stop. Vice Chairman Winton: Bingo. Commissioner Spence -Jones: Is that their only opportunity -- Vice Chairman Winton: Yes. Commissioner Spence -Jones: -- to really have anybody hear them out? Vice Chairman Winton: It's the primary -- suppose -- this supposed to be the primary arbiter of truth and get to the bottom line in fairness to the employee and the City. Commissioner Spence -Jones: Right. Vice Chairman Winton: That's their role. Commissioner Spence -Jones: So -- Mr. Fernandez: Administratively, that's correct. City of Miami Page 10 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Spence -Jones: OK. Mr. Fernandez: They would also always ultimately have legal recourse, if they choose to challenge whatever. Commissioner Spence -Jones: OK, so in the instance that this be -- this is their last stop where they come to speak in front of the Civil Service Board to kind of get at least an answer or support or nonsupport or whatever, once the decision is made by this board, if the board says yes, we are in agreement with that City employee, are you saying, at that point -- even if they agree with it, are we saying that that still has to go in front of the City Manager for approval? Are we saying we're taking the board -- this board process away now? Vice Chairman Winton: No, no, I'm not saying any of those things. Commissioner Spence -Jones: OK. I'm -- Vice Chairman Winton: I'm -- Commissioner Spence -Jones: I just want to -- I'm just trying to make sure that I understand -- Vice Chairman Winton: I'm not saying either of those. I'm saying that the history about our Civil Service Board with the members on that board we have are not being impartial -- Commissioner Spence -Jones: OK. Vice Chairman Winton: -- because they never uphold the dismissal of an employee -- Commissioner Spence -Jones: OK. Vice Chairman Winton: -- and you can't suggest to me that there are no employees who should ever be fired -- Commissioner Spence -Jones: Right. Vice Chairman Winton: -- so their job is to figure out the facts, the truth, and be fair. Commissioner Spence -Jones: Right. Vice Chairman Winton: Now, I don't know if management should be right only 20 percent of the time, or 30 percent, or 50 percent, but it can't be wrong virtually all the time, and so I'm saying that the Civil Service Board we have isn't providing the function that it's required to provide, and I'm suggesting we need new members who will be absolutely impartial and weigh all of the evidence, pro and con, and make the decision to keep the employee where management has screwed up and to fire the employee where the employee needs to be fired. Commissioner Spence -Jones: So are you suggesting more -- the suggestion is to get a clean slate of-- not to lose the Civil Service -- Vice Chairman Winton: No, no -- Commissioner Sanchez: The three City appointees. Vice Chairman Winton: -- I'm not doing -- no, not to lose the Civil Service Board, but to get members to serve on the board who will, in fact, be fair and impartial. City of Miami Page 111 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Spence -Jones: And we would be -- at this point, the reason why we're bringing this up is because of the three -- I'm just trying to understand -- Vice Chairman Winton: Yeah, because we had -- Commissioner Spence -Jones: -- appointees that -- Vice Chairman Winton: -- three appointments right now, and I'm suggesting that -- Commissioner Spence -Jones: -- and there's a concern about these three -- these particular three? Mr. Fernandez: No. Vice Chairman Winton: And there may be one of these that's really good -- Commissioner Spence -Jones: Yeah. I mean -- Vice Chairman Winton: -- but I don't -- Commissioner Spence -Jones: -- that's the only reason why I wanted to ask. Vice Chairman Winton: I don't have enough information to weigh whether one's good or bad, so I'm just saying, from my psychological standpoint, I want a clean slate. Commissioner Spence -Jones: Oh, I see, and most of these board members have been there a long time, is that the -- what -- how long have they been here? Does anybody know? OK. Vice Chairman Winton: So anyhow -- Commissioner Spence -Jones: I mean -- Vice Chairman Winton: -- anything else? Commissioner Spence -Jones: -- I don't have a problem with new blood. I just want to make sure that, you know -- Vice Chairman Winton: That's all I'm suggesting. Commissioner Spence -Jones: -- this process needs to definite -- we're not talking about the process leaving; we're just talking about the three individuals that are sitting -- that sit on the board -- Vice Chairman Winton: Right. Commissioner Spence -Jones: -- currently -- Vice Chairman Winton: Right. Commissioner Spence -Jones: -- and us having a decision about whether or not we need a fresh, new approach. Vice Chairman Winton: Correct. Commissioner Spence -Jones: OK. I just wanted to be clear because I don't know if the audience City of Miami Page 112 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 really understood it. I know I didn't understand it; I'm sitting here on the dais. Priscilla A Thompson (City Clerk): Did you want the history on your three appointees? Commissioner Sanchez: Yes, please, Madam Clerk. Ms. Thompson: Thank you. Mariano Cruz, appointed January 8, 2004; Miguel de la 0, appointed January 8, 2004, Florene Nichols, appointed January 8, 2004; each one of your appointed individuals serve a two-year term, just like your elected individuals are elected every two years. Commissioner Spence -Jones: So it's really only been two years? Mr. Arriola: No. Ms. Thompson: That's correct. Mr. Arriola: No. Commissioner Spence -Jones: I just want to make sure. Vice Chairman Winton: Yeah. Commissioner Spence -Jones: I want to just ask. Vice Chairman Winton: Yeah. Mr. Arriola: Yeah. Vice Chairman Winton: I think that's -- Chairman Gonzalez: Two years. Vice Chairman Winton: -- that sounds right -- Commissioner Spence -Jones: OK. Vice Chairman Winton: -- to me, with those -- OK. I'm sorry. Commissioner Gonzalez. I'm sorry. Mr. Arriola: That information is totally incorrect because all the members that are there now have served more than two years. Commissioner Spence -Jones: The three? Mr. Arriola: The three have served. I mean, you know, Mariano's been there, and Ms. [sic] de la 0 is -- much longer than 2004. That's incorrect information. Vice Chairman Winton: Well, I don't -- well, then, you get -- give us the correct information; otherwise, we're still -- Mr. Arriola: I well get it, but -- Vice Chairman Winton: The Clerk's information's the most accurate we have -- City of Miami Page 113 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Mr. Arriola: That may be the last time they were appointed, but they've been there much longer than that. Vice Chairman Winton: Well, absent somebody bringing to us the dates they were appointed, which the Clerk has done, absent a new showing, I'm going to believe the Clerk. Mr. Arriola: No. They've been here much longer than that. I've been to that meeting. Vice Chairman Winton: That's not good enough. It has to be -- Mr. Arriola: OK. Vice Chairman Winton: Give me a date. Mr. Arriola: Well, I'll bring -- Commissioner Regalado: It just looks longer. Vice Chairman Winton: Yeah. It just feels longer. OK. Mr. Arriola: No, no, they've been here much longer than that. Vice Chairman Winton: Commissioner Gonzalez. Chairman Gonzalez: Yeah, I have to agree with you 50 percent on the fact that maybe some employees that should have been disciplined or fired or -- should have been, but there have been a lot of cases here -- and let me tell you, you know, I don't know how often you talk to employees, my colleagues here in the Commission, but I do talk to employees, and every time -- since I have -- all I have done all my life is work. I have been a worker. I haven't been an entrepreneur, a professional, a lawyer; I have been a worker. I tend to associate with people that work, and when someone brings a complaint, I hear the complaint, I analyze the complaint, even though I - - there's nothing 1 can do because it's up to the Manager and to the Civil Service Board, but I try to find out exactly what the problem is and where the problem is, and it has been a practice in the City of Miami for years and years and year and years; it doesn't happen -- it didn't start with this Administration -- where you have cliques in every single department, and if you are in the right side of the apple, you're fine. If you step in the wrong shoes, then you go to the can, and that has been and it is -- still is, it still is, no matter how much -- how many merits do you have, no matter how good you are, if you're not associated with the right type of people and if you're not in the right side of the place, then, my friend, you won't move, and when they decide to make your life miserable, believe me, they're very good at it. They're very, very good at it, so you know, if you -- all of you want to remove the entire board, there's nothing I can do about that, but I have to disagree. You know, and let me tell you. Who tells me that the new people that are going to come here are going to be objective and are going to be sincere and are not going to be manipulated? Vice Chairman Winton: Yeah, you never know. Commissioner Sanchez: Well, if anything, maybe this could be a wake-up call -- Chairman Gonzalez: You know -- Commissioner Sanchez: -- for the board. Chairman Gonzalez: -- so -- City of Miami Page 114 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Sanchez: I mean, we've expressed -- every Commissioner has expressed the concerns here. I mean, is there room for improvement? Absolutely, but you know, there's other battles to fight. I mean -- Commissioner Spence -Jones: And I just want to add -- Chairman Gonzalez:: And again -- Commissioner Spence -Jones: -- it's already difficult to get people to serve on boards. I'm begging them to serve on boards. Chairman Gonzalez: No, let me tell you. One thing that you need to find in people that serve on boards is dedication. There are a lot of people sitting on boards here that they never showed up to meetings, OK, and then you start getting complaints that the -- you know, nothing is happening because we're not having meeting because we don't have quorums because blah, blah, blah, blah, blah, blah, blah, the song and dance, so -- Vice Chairman Winton: So we have a motion and a second on reappointing Mariano Cruz. Chairman Gonzalez: Right. Vice Chairman Winton: Do we have any other comments on that? Commissioner Sanchez: I would like to -- Vice Chairman Winton: -- item? Commissioner Sanchez: -- reappoint Miguel de la O. Commissioner Regalado: Second. Vice Chairman Winton: Should we do one at a --? I want to do one at a time. I don't want to do them all at once. We have a motion and a second on Mariano Cruz. Any further discussion on Mariano Cruz? If not, all in favor, "aye." Well, maybe you should do roll call. Chairman Gonzalez: Do roll call. Vice Chairman Winton: Roll call. Ms. Thompson: Roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Vice Chairman Winton? Vice Chairman Winton: No. City of Miami Page 115 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Thompson: So that vote is 4/1. Vice Chairman Winton: Next -- Chairman Gonzalez: Next. Vice Chairman Winton: -- motion. Commissioner Sanchez: Miguel de la O. Commissioner Regalado: Second. Vice Chairman Winton: We have a motion and a second on Miguel de la O. All in favor, "aye." Well, do a roll call again. Ms. Thompson: Roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Vice Chairman Winton? Vice Chairman Winton: No. Ms. Thompson: Then Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Thompson: That vote is also 4/1. Commissioner Regalado: Third person. Vice Chairman Winton: Now, next. Is there another? Chairman Gonzalez: I'll move Florence [sic] Nichols. Commissioner Regalado: Second. Vice Chairman Winton: Florene. Chairman Gonzalez: Florene. Vice Chairman Winton: We have a motion and a second. Roll call. City of Miami Page 116 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Ms. Thompson: Roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Vice Chairman Winton? Vice Chairman Winton: No. Ms. Thompson: And then Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Thompson: That vote is also 4/1. Chairman Gonzalez: Thank you. Commissioner Regalado: OK. [Later.] Chairman Gonzalez: All right. Ms. Thompson: Chairman. Chairman Gonzalez: The City Clerk wants to clear the record in reference to the discussion about the Civil Service Board appointments and tenure of the members of the board, is that correct? Ms. Thompson: That is correct. Chairman Gonzalez: You're recognized, ma'am. Ms. Thompson: Chairman and Commissioners, you all know me. If I make a mistake, I tell you I made a mistake, and letting the City Manager know the City Clerk made a mistake. On BC.4, the Civil Service Board, the information that I gave you was correct, with the exception of one individual. According to our written records, Mr. Mariano Cruz was originally appointed to fill up a position -- elected -- actually, elected seat of an individual who passed. He was appointed to fill that unexpired term October 26, the year 2000. Chairman Gonzalez: 2000? Vice Chairman Winton: 2000? Ms. Thompson: 2000. He was appointed to fill a seat that became vacant because of a death. Then January 24 -- Vice Chairman Winton: Well, we don't need the whole history. I mean, (UNINTELLIGIBLE) City of Miami Page 117 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 history of -- Commissioner Regalado: No, but he wasn't there the whole time. Vice Chairman Winton: Oh. Commissioner Regalado: He wasn't there the whole -- Vice Chairman Winton: Oh. Ms. Thompson: January 20 -- I just want the record to be straight because the Manager was correct. He's been there longer than anyone else of this board. January 24, 2002, the board appointed him for another -- well, the board appointed him this time for a full appointed term for two years, which would have expired January 2004, and then again in January 2004, he was reappointed -- Vice Chairman Winton: So he has been -- Ms. Thompson: -- for another term to end 2006, OK, so I wanted to make sure the record was clear and correct. Thank you. Chairman Gonzalez:: Thank you. Vice Chairman Winton: OK, next. Chairman Gonzalez:: All right. That concludes the regular City of Miami Commission meeting, and now we're going to take the CRA (Community Redevelopment Agency). Mr. Chairman -- we need a motion to adjourn the City Commission meeting. Vice Chairman Winton: So moved. Commissioner Sanchez: Always in order. Chairman Gonzalez: We have a motion -- Commissioner Sanchez: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. BC.5 06-00190 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Constance Johnson Chairman Angel Gonzalez Lyse Cuellar Chairman Angel Gonzalez City of Miami Page 118 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Maria Rodriguez Commissioner Joe Sanchez 06-00190 memo.pdf 06-00190 members.pdf 06-00190 Resignation Solares.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0296 A motion was made by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Maria Rodriguez as a member of the Commission on the Status of Women. A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, to appoint Constance Johnson as a member of the Commission on the Status of Women. A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, to appoint Lyse Cuellar as a member of the Commission on the Status of Women. Chairman Gonzalez: BC.5. Commissioner Sanchez, you have two nominations. Commissioner Sanchez: I would like to appoint Maria Rodriguez, and my second appointment, 1 believe, I would like to defer at this time. Commissioner Regalado: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Gonzalez: 1 would like to reappoint Constance Jones -- Johnson, I'm sorry. Commissioner Regalado: I'm moving -- Vice Chairman Winton: Which one is that? Commissioner Regalado: -- Constance Johnson. Chairman Gonzalez: Oh, you're pulling for me, I'm sorry. Vice Chairman Winton: Which one is that? Commissioner Regalado: I'm moving Constance Johnson -- Chairman Gonzalez: That's the -- Commissioner Regalado: -- on behalf of the Chairman. Chairman Gonzalez: -- Commission of the Status of Women [sic]. City of Miami Page 119 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Vice Chairman Winton: Oh, OK, still -- we're still on BC.5. Did you make an appointment? Commissioner Regalado: No. It's -- I'm moving the Chairman's appointment. Vice Chairman Winton: Second, then. Commissioner Regalado: OK. Chairman Gonzalez: OK. Also, Lizzy Cuellar, will you move that, Commissioner Regalado? Commissioner Regalado: Yeah, 1 move Lizzy -- Chairman Gonzalez: Cuellar. Commissioner Regalado: -- Cuellar. Vice Chairman Winton: Second. Chairman Gonzalez:: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those against have the same right. Motion carries. BC.6 06-00400 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Christopher Heywang AFSCME Local 1907 06-00400 memo.pdf 06-00400 members.pdf 06-00400 nominations.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0297 A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Christopher Heywang as a member of the General Employees' and Sanitation Employees' Retirement Trust. Chairman Gonzalez.: BC.6. Commissioner Regalado: Mr. Chairman, I move Christopher Heywang. City of Miami Page 120 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: OK. We have a nomination. Do I hear a second? Vice Chairman Winton: Second. Commissioner Spence -Jones: Second. Vice Chairman Winton: Is this the --? Commissioner Regalado: The AFSCME (American Federal, State, County, and Municipal Employees). Vice Chairman Winton: Charlie, I think -- Chairman Gonzalez: The AFSCME board. OK. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. BC.7 06-00609 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Carlos Becerra Vice Chairman Johnny Winton 06-00609 memo.pdf 06-00609 members.pdf 06-00609 nominations.pdf Motion by Vice Chairman Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0307 A motion was made by Vice Chairman Winton, seconded by Commissioner Regalado, and was approved unanimously, to appoint Carlos Becerra as a member of the Community Relations Board. Note for the Record: Commissioner Spence -Jones previously appointed Andre Pierre as a member of the Community Relations Board on March 9, 2006, for a 3-year term. Chairman Gonzalez: BC.7, Community Relations Board. Vice Chairman Winton, you have three -- you have one nomination. Vice Chairman Winton: Is this Carlos Becerra? Chairman Gonzalez: Becerra, right. City of Miami Page 121 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Vice Chairman Winton: OK. Commissioner Regalado: Second. Vice Chairman Winton: So moved. Chairman Gonzalez: We have a motion -- Commissioner Regalado: Good appointment. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez.: Motion carries. Commissioner Spence -Jones, you also have one nomination. Commissioner Spence -Jones: Yes. I was reappointing Andre Pierre. I think I had already appointed him, but they said that I needed to bring it up again. Priscilla A. Thompson (City Clerk): No. What happened on that one, the slate that was actually proffered by the Community Relations Board, we did not print the correct slate. His name was not on that one, two, three -- Commissioner Spence -Jones: OK. Ms. Thompson: -- so we were advised that you all would be reconsidering that. Commissioner Spence -Jones: OK. Ms. Thompson: OK. Commissioner Spence -Jones: So I can appoint -- I can reappoint him now, right, Andre Pierre? Ms. Thompson: He's not one of the ones who's been recommended by your Community Relations Board. They have a -- they do a recommendation -- Commissioner Spence -Jones: OK. Ms. Thompson: -- to you -- Commissioner Spence -Jones: All right. Ms. Thompson: -- but of course, I just want you all to know, you can do -- you can appoint whomever you wish. Chairman Gonzalez: All right, so -- Commissioner Spence -Jones: Well, I appoint him. Chairman Gonzalez: All right, so we have a motion -- Ms. Thompson: So that's Andre Pierre? City of Miami Page 122 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 BC.8 06-00637 Office of the City Clerk Commissioner Regalado: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Armando J. Silva -Trujillo Carolyn Cope Yves Fortune 06-00637 memo.pdf 06-00637 members.pdf NOMINATED BY: Chairman Angel Gonzalez Vice Chairman Johnny L. Winton Commissioner Tomas Regalado Motion by Commissioner Regalado, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0298 A motion was made by Vice Chairman Winton, seconded by Commissioner Regalado, and was passed unanimously, to appoint Carolyn Cope as a member of the Miami Street Codesignation Review Committee; further waiving the term limits of Section 2-885(b) of the Code of the City of Miami, as amended, by a unanimous (5/5) vote of the members of the City Commission, as it relates to Carolyn Cope as a member of the Miami Street Codesignation Review Committee. A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unaminously, to appoint Yves Fortune as a member of the Miami Street Codesignation Review Committee. A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unanimously, to appoint Armando J. Silva -Trujillo as a member of the Miami Street Codesignation Review Committee. Chairman Gonzalez.: BC.8, Miami Street Codesignation Committee. Vice Chairman Winton: I'll reappoint Carolyn Cope. Commissioner Regalado: Second. City of Miami Page 123 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: OK. We have a motion and we have a second. All in -- Priscilla A. Thompson (City Clerk): If I might. Chairman Gonzalez: -- favor, say -- Ms. Thompson: With -- Ms. Cope is going to need a term limit waiver. She's on her tenth term now. Chairman Gonzalez: OK, so it be a five vote. That's all right. Vice Chairman Winton: OK. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Gonzalez: Chairman Sanchez -- I'm sorry, Commissioner Sanchez. Commissioner Sanchez: Is that Park Advisory Board? Vice Chairman Winton: No. Commissioner Spence -Jones: Nope. Chairman Gonzalez: No. That's Miami Street Codesignation. Commissioner Sanchez: Oh, no. Defer. Vice Chairman Winton: That committee'll go away pretty soon -- Commissioner Sanchez: Yes. Vice Chairman Winton: -- because 1 think we've just about got all of our streets codesignated. Commissioner Sanchez: Yeah. Chairman Gonzalez: More or less. We only got two left. Commissioner Regalado: No. There's still five. Vice Chairman Winton: No. There's five. Chairman Gonzalez: All right. Commissioner Regalado. Commissioner Regalado: Yves Fortune. Reappoint Yves Fortune. Vice Chairman Winton: So moved. Chairman Gonzalez: All right. We have a motion and we have a second. All in -- Vice Chairman Winton: I mean, second. Chairman Gonzalez: -- favor, say "aye." City of Miami Page 124 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Vice Chairman Winton: Sorry. The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Commissioner Spence -Jones. Commissioner Spence -Jones: I'm deferring it. Chairman Gonzalez: You defer? Commissioner Spence -Jones: Yeah. Chairman Gonzalez: All right. I will reappoint -- Commissioner Regalado: I'll move -- Vice Chairman Winton: I'll -- Chairman Gonzalez: -- Armando Silva. You need to move it for me. Vice Chairman Winton: Second. Chairman Gonzalez: All right. Vice Chairman Winton: Armando who? Chairman Gonzalez: We have a motion and we have a second Armando Silva. Commissioner Regalado: Armando Silva. I'll move for the Chairman -- Vice Chairman Winton: Second. Commissioner Regalado: -- Armando Silva. Chairman Gonzalez:: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. BC.9 06-00638 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: Miriam Urra Chairman Angel Gonzalez Aurelus Dorvil Commissioner Tomas Regalado Christino Alvarado Commissioner Tomas Regalado City of Miami Page 125 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Maria V. Bao Commission -At -Large Viona Brown Commission -At -Large Louis Marshall III Commission -At -Large Shad Fields Commission -At -Large 06-00638 memo.pdf 06-00638 members.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0299 A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unanimously, to appoint Aurelus Dorvil and Christino Alvarado as members of the Equal Opportunity Advisory Board. A motion was made by Vice Chairman Winton, seconded by Commissioner Regalado, and was passed unanimously, to appoint Miriam Urra as a member of the Equal Opportunity Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Miriam Urra's appointment. A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unanimously, confirming the following appointments to the Equal Opportunity Advisory Board: (1) Maria Bao as the representative ofAFSCME Local 1907; (2) Viona Brown as the representative of the Fraternal Order of Police; (3) Louis Marshall III as the representative of the Miami Association of Fire Fighters; and (4) Shad Fields as the representative of AFSCME Local 871. Chairman Gonzalez: OK. Equal Opportunity Advisory Board. Commissioner Sanchez, one nomination. Commissioner Sanchez: Defer. Chairman Gonzalez: Commissioner Regalado, two nominations. Commissioner Regalado: Aurelus Dorvil and Christino Alvarado. Vice Chairman Winton: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Commissioner Spence -Jones, you have one nomination. Commissioner Spence -Jones: I'm deferring. Vice Chairman Winton: She defers. City of Miami Page 126 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: All right, and then we have -- Vice Chairman Winton: You have -- Mr. Chairman -- Chairman Gonzalez: -- four -- Vice Chairman Winton: -- you have -- Chairman Gonzalez: -- commissions -- Vice Chairman Winton: -- two. Chairman Gonzalez: Two? Vice Chairman Winton: Yes. Chairman Gonzalez: Yeah, 1 got two myself. I will reappoint Miriam Urra right now. I'm going to defer the other appointment. Vice Chairman Winton: So moved. Priscilla A. Thompson (City Clerk): Ms. -- Commissioner Regalado: Second. Ms. Thompson: -- Urra -- Chairman Gonzalez: Yes. Ms. Thompson: -- she will need a waiver of the absentees. Chairman Gonzalez: All right, with a waiver. Vice Chairman Winton: So moved. Commissioner Regalado: Second. Vice Chairman Winton: With a waiver. Chairman Gonzalez: All in favor, say "aye. The Commission (Collectively): Aye. Chairman Gonzalez: Everybody voted aye -- Vice Chairman Winton: Yeah. Chairman Gonzalez: -- because we need five votes. Commissioner Spence -Jones: Aye. Chairman Gonzalez: All right, and I'm going to defer the other appointment. We need to go to the -- Ms. Thompson: I'm sorry. City of Miami Page 127 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: -- Commission at -large. Ms. Thompson: On BC.9, yeah, the members at -large. Vice Chairman Winton: OK. Ms. Thompson: OK, thank you. Chairman Gonzalez: Commission at -large, four confirmations. Commissioner Regalado: What do we do? We just confirm, right? Chairman Gonzalez: Just confirm. Commissioner Regalado: OK, move to confirm. Vice Chairman Winton: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. BC.10 06-00639 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk INDIVIDUALS AS MEMBERS OF THE PARKS ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jose Alvarez Chairman Angel Gonzalez Sallye Jude Commissioner Joe Sanchez Carlos Arboleya Commissioner Tomas Regalado Placido Debesa Commissioner Tomas Regalado 06-00639 memo.pdf 06-00639 members.pdf 06-00639 Resignation Seijas.pdf 06-00639 Resignation Loyal.pdf 06-00639 Residency Condon.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0300 A motion was made by Commissioner Sanchez, seconded by Vice Chairman Winton, and was passed unanimously, to appoint Sallye Jude as member of the Parks Advisory Board, further City of Miami Page 128 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 waiving the term limits of Section 2-885(b) of the Code of the City of Miami, as amended, by a unanimous (5/5) vote of the members of the City Commission, as it relates to Sallye Jude as a member of the Parks Advisory Board. A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unanimously, to appoint Carlos Arboleya and Placido Debesa as members of the Parks Advisory Board. A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unanimously, to appoint Jose Alvarez as a member of the Parks Advisory Board. Chairman Gonzalez.: BC. 10, Parks Advisory Board. Commissioner Sanchez. Commissioner Sanchez: Sallye Jude is an incumbent. She requires a waiver of five -fifth -- Vice Chairman Winton: Second. Commissioner Sanchez: -- correct, Madam Clerk? Priscilla A. Thompson (City Clerk): That's correct. Chairman Gonzalez: We have a -- Commissioner Sanchez: All right. Chairman Gonzalez: -- motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Commissioner Regalado. Commissioner Regalado: Placido Debessa and Carlos Arboleya. Vice Chairman Winton: Junior or senior? Commissioner Regalado: Senior. Vice Chairman Winton: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Commissioner Spence -Jones, you have one nomination. Commissioner Spence -Jones: Yeah, I'm deferring. Chairman Gonzalez: And we have one from the Mayor. I have two. I'm going to appoint Jose Alvarez, and I'm going to defer the other one. Would you move -- Commissioner Regalado: I move -- Chairman Gonzalez.: -- Jose Alvarez? City of Miami Page 129 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Regalado: -- Jose Alvarez for the Chairman. Vice Chairman Winton: Second. Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. BC.11 06-00640 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Felice Dubin Chairman Angel Gonzalez Lee Cohen Commissioner Tomas Regalado 06-00640 memo.pdf 06-00640 members.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0301 A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unanimously, to appoint Lee Cohen as a member of the Arts and Entertainment Council. A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unanimously, to appoint Felice Dubin as a member of the Arts and Entertainment Council. Chairman Gonzalez: BC.11, Commissioner Regalado. Commissioner Regalado: Lee Cohen, reappointment. Vice Chairman Winton: Second. Chairman Gonzalez.: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. I will reappoint Felice Dubin, and I will defer the other appointment. Will you move that -- Commissioner Regalado: I'll move -- Chairman Gonzalez: -- for me, please? City of Miami Page 130 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Regalado: -- Felice Dubin -- Vice Chairman Winton: And second. Commissioner Regalado: -- for the Chairman. Chairman Gonzalez: We have -- Vice Chairman Winton: Second. Chairman Gonzalez: -- a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Anybody wants to move the Mayor nominations? Vice Chairman Winton: Does he -- are they down here? Chairman Gonzalez: I don't know if they're -- Commissioner Regalado: Who are they? Priscilla A. Thompson (City Clerk): We haven't received his nominations yet. Those are his current incumbents. We haven't -- Chairman Gonzalez: OK -- Ms. Thompson: -- gotten -- Chairman Gonzalez: -- so you haven't receive it yet? Ms. Thompson: No, we haven't. Chairman Gonzalez: All right -- Vice Chairman Winton: OK. Chairman Gonzalez: -- so let's move to the next one. BC.12 06-00641 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Michelle Spence -Jones City of Miami Page 131 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 06-00641 memo.pdf 06-00641 members.pdf DEFERRED Chairman Gonzalez: BC. 12, Community Technology Advisory Board. Commissioner Spence -Jones, you have one nomination. Commissioner Spence -Jones: I'm deferring it. Chairman Gonzalez: OK. BC.13 06-00642 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Guillermo A. Revuelta Chairman Angel Gonzalez Tamara Gort Chairman Angel Gonzalez 06-00642 memo.pdf 06-00642 members.pdf 06-000642 Applications.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0302 A motion was made by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed unanimously, waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Arva Moore Parks as a member of the Planning Advisory Board. A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unanimously, to appoint Guillermo A. Revuelta and Tamara Gort as members of the Planning Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to the appointment of Tamara Gort. Chairman Gonzalez: BC. 13, Planning Advisory Board. Vice Chairman Winton. Vice Chairman Winton: I'm deferring. Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: Deferring it. Chairman Gonzalez: Commissioner Sanchez. City of Miami Page 132 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Sanchez: I believe that my appointment is already there. She just needs a waiver, right? Priscilla A. Thompson (City Clerk): That is correct. Commissioner Sanchez: All right, so move the waiver. It's an excessive absence waiver. She was -- Commissioner Regalado: Second. Vice Chairman Winton: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: I will reappoint -- will you please make a motion for Guillermo Revuelta and Tamara Gort? Commissioner Regalado: Guillermo Revuelta and Tamara Gort, reappointments in behalf of the Chairman. Ms. Thompson: And Tamara Gort will need a waiver of the absentees. Commissioner Regalado: With a waiver. Chairman Gonzalez: With a waiver. Vice Chairman Winton: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez.: Those opposed have the same right. Motion carries. BC.14 06-00643 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: David E. Marko Commissioner Joe Sanchez Rolando Aedo Commissioner Joe Sanchez David M. Kubiliun Commissioner Tomas Regalado Luis Cabrera Commissioner Tomas Regalado City of Miami Page 133 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 06-00643 memo.pdf 06-00643 members.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0303 A motion was made by Commissioner Sanchez, seconded by Vice Chairman Winton, and was passed unanimously, to appoint David E. Marko and Rolando Aedo as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to the appointment of David E. Marko. A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unanimously, to appoint David M. Kubiliun and Luis Cabrera as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to the appointment of Luis Cabrera. Chairman Gonzalez: BC.14, Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Commissioner Sanchez. Commissioner Sanchez: I would like to reappoint David E. Marko and Rolando Aedo. Both -- Vice Chairman Winton: Sec -- Commissioner Sanchez: -- are incumbents; they require -- one of them requires a four -fifth waiver of attendance. Vice Chairman Winton: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez.: Those opposed have the same right. Motion carries. Commissioner Regalado, two nominations. Commissioner Regalado: David Kubiliun, new member, and Luis Cabrera, reappointment. Vice Chairman Winton: Second. Commissioner Regalado: Cabrera needs -- Chairman Gonzalez.: We have a motion -- Commissioner Regalado: -- a waiver. Chairman Gonzalez.: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 134 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Priscilla A. Thompson (City Clerk): And -- Vice Chairman Winton: With a waiver. Commissioner Regalado: With a waiver. Ms. Thompson: Thank you. Chairman Gonzalez: With a waiver, and that's it on the Homeland Defense Board. BC.15 06-00644 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ORANGE BOWL ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Marianne Salazar Commissioner Tomas Regalado 06-00644 memo.pdf 06-00644 members.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0304 A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Marianne Salazar as a member of the Orange Bowl Advisory Board. Chairman Gonzalez: BC.15, Orange Bowl Advisory Board. Commissioner Spence -Jones. Commissioner Spence -Jones: I'm deferring on it also. Chairman Gonzalez: OK. We have Mayor Diaz, two appointments. Commissioner Regalado, one nomination. Commissioner Regalado: Marianne Salazar. Chairman Gonzalez: Marianne Salazar. You have one -- Commissioner Spence -Jones: Oh, second. Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. BC.16 06-00645 RESOLUTION City of Miami Page 135 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE ZONING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Michelle Spence -Jones 06-00645 memo.pdf 06-00645 members.pdf 06-00645 Applications.pdf DEFERRED A motion was made by Commissioner Sanchez, seconded by Vice Chairman Winton, and was passed unanimously, to waive the term limits of Section 2-885(b) of the Code of the City of Miami, as amended, by a unanimous (5/5) vote of the members of the City Commission, as it relates to Ileana Hernandez -Acosta, as a member of the Zoning Board. A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unanimously, waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates Angel Urquiola, as a member of the Zoning Board. Chairman Gonzalez: And BC. 16, Zoning Board. Commissioner Spence -Jones: Deferring it also. Chairman Gonzalez: OK. Commissioner Sanchez. Commissioner Sanchez: Madam Clerk, I've already appointed Ms. Hernandez -Acosta, but we did not pass a waiver, and it requires a unanimous five -fifth waiver? Priscilla A. Thompson (City Clerk): That's correct. Commissioner Sanchez: So move with a waiver. Chairman Gonzalez: Move with a waiver -- Vice Chairman Winton: Second. Commissioner Regalado: Second. Chairman Gonzalez: -- and second with a waiver. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Ms. Thompson: And also, Commissioner Regalado, you did appoint Mr. Angel Urq -- Commissioner Regalado: Urquiola. Ms. Thompson: Thank you -- and he needed a four -fifths absence waiver. We didn't have enough people on the -- City of Miami Page 136 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Regalado: He was in the hospital. I move a waiver for Mr. Urquiola. Vice Chairman Winton: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. BC.17 06-00646 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Eli Feinberg Chairman Angel Gonzalez Chairman Angel Gonzalez Chairman Angel Gonzalez 06-00646 memo.pdf 06-00646 members.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0306 A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unanimously, to appoint Eli Feinberg and Chairman Gonzalez as members of the Miami Sports and Exhibiton Authority (MSEA); further waiving the term limits of Section 2-885(b) of the Code of the City of Miami, as amended, by a unanimous (5/5) vote of the members of the City Commission, as it relates to the appointment of Eli Feinberg as a member of the Miami Sports and Exhibition Authority (MSEA). Chairman Gonzalez: BC. 16, zoning -- we did Zoning -- Priscilla A. Thompson (City Clerk): 17. Chairman Gonzalez: -- Board already. BC.17, Miami Sport and Exhibition Authority. Commissioner Sanchez. Commissioner Sanchez: I'll defer mine. Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: Deferring it also. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Defer mine, too. City of Miami Page 137 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: I will reappoint Eli Feinberg and 1 will appoint myself, too. Vice Chairman Winton: And he needs -- Chairman Gonzalez: Will you move for me? Vice Chairman Winton: -- the five -fifths waiver. Chairman Gonzalez: Yeah, five -fifth waiver. Commissioner Regalado: He's going to be here longer than you. Vice Chairman Winton: This is my second time. He's going to prove it right, right? Commissioner Regalado: Yeah. Chairman Gonzalez: That's right. Commissioner Regalado: He was here before -- Vice Chairman Winton: Yes -- Commissioner Regalado: -- and -- Vice Chairman Winton: -- and he told me, "I'm gonna be here longer than you are." Chairman Gonzalez: That's right. Commissioner Regalado: Yeah, right. You don't have term limit. Vice Chairman Winton: And then I set up a process where I could (UNINTELLIGIBLE), and then I don't pull the trigger. Chairman Gonzalez: Yeah. Vice Chairman Winton: OK, so we have a motion by Commissioner Regalado -- Chairman Gonzalez: And second by you. Vice Chairman Winton: -- and a second by Commissioner Winton -- Chairman Gonzalez: Right. Vice Chairman Winton: -- with the five -fifths waiver. Commissioner Regalado: Eli Feinberg. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Commissioner Regalado: But we don't have to reappointment ourselves. City of Miami Page 138 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: No. Ms. Thompson: Yes, this is fine. You -- this is fine. Commissioner Regalado: OK. City of Miami Page 139 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Part B PZ.1 06-00576zt RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING IN PRINCIPLE THE VIRGINIA KEY BEACH PARK MASTER PLAN, DATED NOVEMBER 2003, HERE AND AFTER REFERRED TO AS THE "VIRGINIA KEY BEACH PARK MASTER PLAN", AS A GUIDING TOOL FOR THE FUTURE DEVELOPMENT AND PRESERVATION OF ENVIRONMENTAL CHARACTER AND THE ECONOMIC VITALITY OF THIS SIGNIFICANT AREA AS DEFINED IN THE "VIRGINIA KEY BEACH PARK MASTER PLAN". 06-00576zt PAB Fact Sheet.pdf 06-00576zt - Analysis.pdf 06-00576zt - Comp Plan Map.pdf 06-00576zt - Zoning Map.pdf 06-00576zt - Aerial Photo.pdf 06-00576zt PAB Legislation.pdf 06-00576zt - Master Plan Cover Page.pdf 06-00576zt - Master Site Plan (Map).pdf 06-00576zt - Master Plan Report.pdf 06-00576zt CC Fact Sheet.pdf 06-00576zt CC Legislation.pdf 06-00576zt PAB Reso.pdf REQUEST: To Approve the Proposed Virginia Key Beach Master Plan APPLICANT(S): Joe Arriola, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Pending recommendation on May 3, 2006. PURPOSE: This will approve in concept the proposed Virginia Key Beach Master Plan, which will provide a direction for the beautification of the beach and establish design guidelines for development. Motion by Vice Chairman Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0289 Chairman Gonzalez.: All right. That concludes the board appointments, and now we have a PZ (Planning & Zoning) item, which is PZ.1, and it is the Virginia Key Beach -- Vice Chairman Winton: Master plan. Chairman Gonzalez: -- Park Master -- let me ask you, Mr. City Attorney, do we have to finish with the regular agenda and then go into the Planning and Zoning or we can continue it? Jorge L. Fernandez (City Attorney): No, you can continue it. It's a -- City of Miami Page 140 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: All right. Mr. Fernandez: -- regularly scheduled Commission meeting and you can hear both types of items -- Chairman Gonzalez: All right. Mr. Fernandez.: -- and this was properly advertised, too. Chairman Gonzalez: Very good. OK. Commissioner Sanchez: PZ. Carmen Sanchez (Assistant Director, Planning): Good afternoon. Chairman Gonzalez: PZ.1. Ms. Sanchez: Good afternoon, Commissioners. Carmen Sanchez, Department of Planning. Commissioner Sanchez: Swear them in. Chairman Gonzalez: Oh, I'm sorry. We need to swear them in, please. Priscilla A. Thompson (City Clerk): Those of you who are here to give testimony on PZ.1, I need you to please stand and raise your right hand. If you're speaking or giving testimony on PZ 1, can you please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Ms. Sanchez: Good afternoon -- Chairman Gonzalez: All right. Ms. Sanchez: -- Commissioners. Chairman Gonzalez: Good afternoon. Ms. Sanchez: For your consideration, before you is the Virginia Key Beach Master Plan. The Department finds that the study reinforces and enhances the unique character of the Virginia Key Beach, and based on the analysis and findings, the Department recommends approval in concept of the proposed Virginia Key Beach Park Master Plan. Mr. David Shorter, executive direct -- executive chair of the Virginia Key Beach Trust and his staff are here to respond to any questions that you may have regarding the plan. Vice Chairman Winton: And I would like to add that this plan was presented to the Commission, how long ago? Ms. Sanchez: In 2003. Vice Chairman Winton: Huh? Ms. Sanchez: 2003. City of Miami Page 141 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Vice Chairman Winton: It's been that long? Unidentified Speaker: July -- Ms. Sanchez: It's been that long. Unidentified Speaker: -- 2003. Vice Chairman Winton: Seems like -- I was going to say six -- Unidentified Speaker: I know. Vice Chairman Winton: -- months ago. Unidentified Speaker: I know. Vice Chairman Winton: Wow, which is a fabulous plan. I will move PZ 1. Commissioner Regalado: Second. Commissioner Sanchez: Second. Commissioner Spence -Jones: I'm going to second. Chairman Gonzalez: All right. Commissioner Spence -Jones: I just -- I do want to just make a point on it, though, if you don't mind? Vice Chairman Winton: Um -hum, absolutely. I was just moving the motion. Chairman Gonzalez: OK. Commissioner Regalado: Second Commissioner Spence -Jones: OK. Chairman Gonzalez: OK. This is a public hearing. Commissioner Spence -Jones: Oh. Vice Chairman Winton: Right. Chairman Gonzalez: Am I correct? Vice Chairman Winton: Yes. Chairman Gonzalez: Anyone from the public that wants to address the Commission on this item, please come forward Cynthia Guerra: Good afternoon. My name is Cynthia Guerra and I'm with the Tropical Audubon Society. I'm the executive director of the Tropical Audubon Society. We're located at 5530 Sunset Drive in South Miami. We have about 2,500 members, most of them in Dade County, and all of them concerned about the ultimate development of Virginia Key, and we've City of Miami Page 142 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 been involved with Virginia Key issues for about 50 years. We petitioned the County to establish what later became the critical wildlife area in the '50s, and we've had leadership on the Virginia Key Advisory Committee, followed by appointment to the Trust -- the task force, and ultimately, the Trust, and I just have a few comments about the plan that y'all are reviewing today. We support the features that honor the important history of Virginia Key, including the placement of a museum or other cultural facility, and we support, conceptually, the important work that the Trust has been doing in trying to honor the history, but there are aspects of the draft master plan that seem to be drifting from the original intent to honor the site's history at an appropriate scale. In the plan now, there are many structures proposed, including a 36,000 square foot cultural center, a 5,000 square foot office, and a beach pavilion of unspecified square footage. We're concerned about the appropriateness of some of these structures and if they're multilevel structures as well. The structure should be low profile, constructed in areas that avoid environmental impacts, and the draft master plan even acknowledges this. On page 38, it says limited building sites for new construction because virtually the entire site is protected; it's either a natural resource or historic resource. Potential locations for new construction and site improvements are severely limited, and any site improvements must take into account impacts or resources and avoid minimize and mitigate these impacts. As an example, in the draft master plan, there's the location of that 36,000 square foot building, which is currently now on a green space. We support the efforts that encourage passive recreational and cultural experiences at the site. We support efforts to increase permeability by reducing impervious or paved areas for parking or better managing draining and water quality impacts to the surface waters in the area. We support efforts to limit paving and roof areas throughout the sites to maximize permeability as called for in the master plan, so there are many features of the master plan that we think are appropriate. We support the opening of the beach park to the public, but we don't support the scheduling of large ticketed events on prime weekends and holidays at the exclusion of the general public. We find the master plan to be vague in terms of uses outside the regular park hours of sunrise to sunset. Because of widely use of the site, we're concerned that any proposals to allow unusual uses at night, including concerts or other events that generate noise above ambient levels could be a detrimental impact, and we're concerned about those aspects of the plan that appear to promote such unusual uses. There is a site diagram in the plan that specifies an area for loud music. It's further -- sorry. It's well documented that the beaches of Virginia Key are important nesting grounds for imperiled marine sea turtles, any outdoor lighting -- and there's lighting in the plan for entrance pathways, parking lots, stages -- any lighting associated with the parking lots, especially, and the buildings needs to be constructed in a way that prohibits lighting from reaching the dunes, beaches, and tidal waters, and it's a little bit difficult to actually be able to gauge those impacts at this point because there's vegetation -- a lot of it exotic -- that ultimately probably will be removed and will provide, unfortunately, a pathway for light. The standard for lighting needs to also be implied to any indoor lighting emanating from structures located on the site, and we're concerned that review of proposed structures and lighting plans is occurring right now without proper assessments on impacts from internals. It is our understanding that there are currently plans being processed for lighting the parking lot, and the lighting is not adequately addressed in the master plan, so that's an area of particular concern to us. I have just a couple more points. We're concerned that there may already be temporary and/or permanent structures located waterward of the coastal high hazard line. These newly placed structures, which are a concrete fill pad and trailers that look very much like a permanent structure, don't appear to be consistent with the draft master plan. In the draft master plan, the area that those structures are currently located is shown as some sort of child tot lot or kiddy feature. If these are waterward of that high hazard line, we're concerned that this is evidence of an expedited or a facilitated review process that's failing to ensure compliance with applicable rules and regulations, and we're further concerned about the temporary nature of these structures and whether or not there are regulatory instruments with firm deadlines that ensure that they don't become a permanent part of the site. It's also recently come to our attention that some plans or proposed structures at this site have been exempt from review by the County Shoreline Development Review Committee. This committee has reviewed projects in this area in the past, so their jurisdiction is well established, and they provide another forum to City of Miami Page 143 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 ensure consistency with established rules and regulations, and they should be offered every opportunity to review and comment on the projects, as appropriate. We'd like some assurance that the Trust is moving ahead with adequate coordination with the City of Miami's Virginia Key Master Plan process, which has recently been initiated. We've been supportive of the master plan, as we look to it, to include consideration of environmental impacts associated with any development of Virginia Key. We ask you to amend your resolution to require consistency with the development of that master plan and not necessarily just to insert this master plan into that one. Finally, we encourage you to add any additional language to the resolution that you deem necessary to ensure appropriate development of this site that honors the community's history while protects the important and incredible natural resources of Virginia Key. Thank you. Chairman Gonzalez: Thank you. Anyone else? Rod Jude: Mr. Chairman, members of the board. My name is Rod Jude. I'm chair of the Sierra Club, Miami Group. I represent their 3,000 members here locally in Miami -Dade County and the City of Miami, and their 800,000 members nationwide. I'm not going to repeat everything Cynthia has said, but I concur with many of her feelings. We've long been a supporter of the hard work that the Trust is doing over there and just wanted to see it come to fruition with concern for the natural environment, as well as the historical, both environments, so we don't, you know, overdo it there, and we look forward to being involved in the whole planning process that's basically starting up on the bigger picture as far as the Key is concerned, and agree that this can't be done separately and inserted as a separate entity, but should be part and parcel of the overall plan and be, you know, in harmony with that, and would respectfully ask you all to act accordingly. Thank you. Chairman Gonzalez: Thank you. Anyone else? Commissioner Sanchez: None (UNINTELLIGIBLE) Chairman Gonzalez: All right. Seeing none, the public hearing is closed; comes back to the Commission. Yes, you're recognized. Commissioner Spence -Jones: I'm deferring to the Commissioner that is in the district. Do you Vice Chairman Winton: Go ahead. Commissioner Spence -Jones: OK. Chairman Gonzalez: That's right. Commissioner Spence -Jones: First of all, I appreciate your comments regarding those issues. I'm sure that you'll be able to, hopefully, sit down and work it out with Virginia Key Beach Trust, but we all know that this project has been long, long overdue, and we really need to get it moving so some things happen, you know, on Virginia Key Beach -- Unidentified Speaker: Sure. Commissioner Spence -Jones: -- and we all -- I'm sure all my colleagues support that. Even though it's not in my district, it does have a huge significance to the African -American culture, and for us to preserve any aspect of it, is very important, so for that reason, I would always support us doing whatever it takes to make sure that we preserve that beach there on one end. On -- we've already moved it already, so -- correct, so that's already -- Chairman Gonzalez.: That's correct. City of Miami Page 144 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Spence -Jones: -- done. Chairman Gonzalez: You have a mover. Commissioner Spence -Jones: I just want to make sure I put this -- you know, these additional things on the record. All around the country there are museums that are going up, and one of the biggest issues that many museums have is the fact that they don't have the resources -- or the necessary resources to maintain themselves, and I'm not really sure, in your -- the group's proposal, on how they're looking at, you know, Virginia Key Beach Trust being able to survive without having any kind of revenue happening with it what your suggestions are, but for them not to at least have, you know, the event portion put in there, the area in which they could have concerts and do additional events or even have the museum period, or any type of facilities, there's no way they're going to be able to maintain and do the things that's necessary in order for the Virginia Key Beach to even survive. Now, I do understand what your purpose and mission is, and you -- I'm glad that you guys are staying on that purpose and mission because we need to have green space and we need to protect, you know, our environment, so I'm not, in no way, disagreeing with you on that, but we also have to make sure, you know, in this town, period, there's very few venues or areas that we have as African Americans. Lyric Theater is one, you know, and they're struggling and we're trying to support them. Virginia Key Beach is another one, you know, and -- I mean, I could probably count them all on one hand, and you know, it's just amazing to me, when it comes to, you know, the little bit that we do have, we now have to chip away on that, you know, in order to make everybody happy, and -- I mean, it's already great that Ma Range and that whole Trust has fought so hard to make sure that we even have beachfront property, period, in the City of Miami. I mean -- which is incredible that we were able to carve that out. I just would hate to see it, you know, come to a point where there's arguments about whether or not we get something that we truly deserve, and I want to stay that we truly deserve to have some place in this town that we can all be proud of that we can go and see and visit and take our children to and, at the same time, you know, not have to struggle or depend on city or county government to bail us out each time, so on that note, I think it's imperative that they do have space, you know, to be able to have concerts and do things there, and it's important that we do have a museum in the area to make sure that we don't forget our history, so I wanted to make sure that at least I put that on the record. Now, adding -- further adding to it, I think that we need to -- I don't have a problem with the master plan that you guys have created, but 1 do want -- would like for Planning -- I think Larry, Mr. City Manager, is the - - I guess the appointed staff member that's working on that -- to -- as we develop this whole overall Virginia Key Beach Master Plan that we're working on now, that we carve out in that -- the overall Virginia Key Beach Master Plan something in that -- I guess we having a -- we have a consultant or somebody or planner on board now, correct, looking at the overall Key, correct? Ms. Sanchez: Commissioner, EDSA (Edward D. Stone Jr. & Associates) has been engaged to look at the overall Key. Commissioner Spence -Jones: I would like to see in that plan, if my sitting Commissioner doesn't mind because it's in his district, that we carve out, you know, a planner, you know, or someone to work along with the Virginia Key Beach Trust to look at ways to create revenue on that site, because God forbid, if I'm not here, or Commissioner Winton's not here, or all of the folks that love Virginia Key Beach are not here to fight for it, it's just going to become a building that goes vacant, so 1 would like to make sure -- or put it on the record today that we at least include in the overall Virginia Key Beach Master Plan some sort of funding attached to it to make sure that there is something to identdy ways to create revenue for the Trust that's included in the overall Virginia Key Beach initiative because it just has to happen. It is not going to just happen with concerts on the outside, and David, you and I have talked about that. David Shorter: Yes. City of Miami Page 145 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Spence -Jones: We know Bayfront Trust is struggling trying to have concerts there. You know, venues are struggling to have events and make money, so you know, that's just -- that's not going to cut it, so we have to figure out ways so that all of the hard work that they have put in it doesn't go down the drain, so I'd like to make sure -- I'll put it on the record today - - that that happens as a part of the overall plan, to create some sort of revenue that would help sustain it once, you know, the project moves. Ms. Sanchez: Sustainability is part of the scope of services under EDSA -- Commissioner Spence -Jones: OK. Ms. Sanchez: -- but we will pay, as you've requested, particular attention to the Trust and their needs. Commissioner Spence -Jones: Thank -- Ms. Sanchez: We'll -- Commissioner Spence -Jones: -- you very much. Ms. Sanchez: -- make sure that that gets included. Mr. Shorter: Thank you, Commissioner. Chairman Gonzalez: All right. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: Just a comment. I remember that eight years ago, Virginia Beach was a total disaster. It was -- after Andrew, City never took care of it, and I remember Al Ruder, in the Parks Department, he sent some people and, with machetes, they did the nature trail, which is great enough that Wilma and Katrina was damaged, but they have sort of brought that, and I remember that -- and the Beach was a total disaster. The carousel was a disaster. I have only one concern and one question. The question that I don't understand here, we are approving a resolution of the Miami City Commission approving, in principle, the Virginia Key Beach Park Master Plan, date November 2003, and refer as to the Virginia Key Beach Master Plan as a guiding tool for the future development and preservation of the park, et cetera, et cetera. What - - first of all, what principle means? Does it mean that it has to come back any time that they have some kind of plan, or what we are doing here is we're just saying go ahead, do what the Trust wants to do, whatever, and number structures or museum? Ms. Sanchez: That's correct. You're approving the actual plan in principle, what is attached at this time, so they're going to be carrying out what is contained in the plan itself. Commissioner Regalado: Yeah, but if they decide something else? Ms. Sanchez: That's not within the plan -- Mr. Shorter.: My understanding is we would come back. Ms. Sanchez: -- then it wouldn't be -- what's not adopted in the plan. City of Miami Page 146 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Regalado: OK, so the only thing they can do is what is in the plan? Ms. Sanchez: Correct. Mr. Shorter: That's my understanding. Commissioner Regalado: And that is what the Trust have decide, what is in the plan? Mr. Shorter.: Yes, sir. Commissioner Spence -Jones: Now, I do -- I'm sorry. I just want to make sure that I did put on the record that 1 want us to look at revenue -generating -- Ms. Sanchez: And we'll -- Commissioner Spence -Jones: -- things -- Ms. Sanchez: -- do that under the ED -- Commissioner Spence -Jones: -- that could be attached to it, so I just want to also make sure if they come back stating that here's some possible things that, you know, does not intrude on -- Commissioner Regalado: Exactly that. Exactly, that's what I'm saying, because you know what? Commissioner Spence -Jones: 1 want to make sure we can amend the plan. Ms. Sanchez: But what I'm saying is that that will come under the EDSA master plan or the overall Key master plan, and that's what we're looking at as far as the revenue streams, not necessarily under the plan that you're adopting today. Commissioner Regalado: OK. Ms. Sanchez: It's -- Commissioner Regalado: The only question 1 have is that the plans that you have, you have the funding from the GOB (General Obligation Bond) of the County, the federal government, the City, and -- so there is no like need for more funding, you know, because the -- Vice Chairman Winton: That's not true. Commissioner Regalado: -- GOB funding is -- Vice Chairman Winton: I mean, no. They always -- they're going to have an ongoing need for funding. I mean -- Mr. Shorter: Yes, sir, we have an ongoing need for -- Vice Chairman Winton: -- it isn't all solved. Commissioner Regalado: No, no. I mean for construction. No. I mean for construction. Mr. Shorter: At this point, there is enough funding to build a 30,000 square foot museum based on design. We have not come to a final design, but it's the goal of the architect to design a billing within our fund level. City of Miami Page 1.17 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez:: All right. Any further discussion? Vice Chairman Winton: Yeah. I -- one more point, and I would like to address some of the issues that both Sierra Club and the Audubon Society have brought to the table because I think -- 1 -- in my view, I think there's a happy median here, where -- that I think we need to be working towards, because I think some of the issues, particularly relative to critical wildlife, how the facilities that we're building blend into the environment, which I think is an asset to everybody, not just one group, but to everybody. I think those are issues that we really need to pay very careful attention to. What I -- I don't know if we've had any real dialogue with you all through the Trust on plans and how it's working, but I would suggest and direct David to meet with you all. You ought to sit down, walk through, in more detail, what our plans are; talk about the things that we can do. What I think that Commissioner Spence -Jones said, though, is that -- y'all said, well, we're real worried about this 36,000 square foot footprint of a building, blah, blah, and I got out of that, in my initial reaction, that you didn't want that building, but her point is, we're going to build a museum there. Your point that whatever we build there, needs to be -- blend in appropriately to that environment, I think is a great point, and so what I'm suggesting you all do is we meet; talk about more details here, and see how we can make adjustments to create a win -win for everybody, and I know that y'all would prefer that we really don't do much other than make it really pretty out there, but some of that stuff is going to happen and we hope that you work with us to make it happen in the right way. Is that a deal? You have to come to the -- you have to come up to the mike. Mr. Jude: The Trust had contacted us about making a presentation about general membership, and 1 welcome that. Like 1 said, we're very supportive of the museum. We're very supportive of the work that the Trust has done. It's not that -- I think it's like you say, it's a little bit of fine-tuning is really what it takes -- Vice Chairman Winton: Great -- Mr. Jude: -- and -- Vice Chairman Winton: -- and we'd love to have you at the table helping us on that part of the fine-tuning. Ms. Guerra: Yeah, and I just wanted to clarify. There was a lot of comment that 1 made, but the very first thing that I said was that we support the placement of the museum -- Vice Chairman Winton: Oh, OK. Ms. Guerra: -- or a cultural facility there. It is -- Vice Chairman Winton: I misunderstood. Ms. Guerra: -- it speaks to the issue that you are identing. We want to make sure that it's appropriate in scale and to -- Vice Chairman Winton: OK, great. Ms. Guerra: -- be sensitive to the site. Vice Chairman Winton: OK. Then I stand corrected. Thank you. Ms. Guerra: Thank you. Vice Chairman Winton: David. City of Miami Page 148 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Mr. Shorter: There are two issues, sir. The -- our secretary of our board is also on the Sierra Board, so he is on our board, as well as we have called both agencies and we are making presentations. We have an appointment for the Sierra Club, and we're trying to get into the Audubon Club to make presentations of our master plan -- Vice Chairman Winton: Great. Mr. Shorter: -- so they can actually see what we're doing. Vice Chairman Winton: That's perfect. Commissioner Sanchez: That's success. Vice Chairman Winton: I think we've come up with a win -win on that -- Commissioner Sanchez: Yeah. Mr. Shorter: Thank you, sir. Vice Chairman Winton: -- plan. Commissioner Sanchez: The success lies on partner up and working with everyone, which you have done since day -one, and I think this is a partnership not only between the City and yourself, but all the other entities that really have a common goal of making sure that what's done out there is the best possibly [sic] thing that we could do. Mr. Shorter: Yes, sir. Commissioner Regalado: And you know, this -- the turtle season is very active in that particular Mr. Shorter: Yes. Commissioner Regalado: -- area of -- Mr. Shorter: Area. Commissioner Regalado: -- our coast -- Mr. Shorter: Yes, sir. Commissioner Regalado: -- and I would hope that, because you will be building like a community center or -- we could have, sponsor by the Audubon and the Sierra Club, children being brought to see, you know, how the turtles' necks and all that. That is something that schoolchildren would be loving to see, I'm sure, because it's an event every year, especially in Virginia Beach. Mr. Shorter: Yes, sir. Vice Chairman Winton: So we have a motion and a second. Chairman Gonzalez: Yes. Commissioner Spence -Jones: Yes. City of Miami Page 149 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: We have a motion and a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. That concludes the regular agenda. Mr. Shorter: Thank you, sirs. Vice Chairman Winton: Thank you. NON -AGENDA ITEMS NA.1 06-00847 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO SEEK COMPENSATION TO RECOVER ALL COSTS AND EXPENSES INCURRED BY THE CITY OF MIAMI RELATED TO A FIRE ON APRIL 12, 2006 AT 1144 SOUTHWEST 19TH AVENUE, MIAMI, FLORIDA BETWEEN 11TH STREET AND 11TH TERRACE, USING ANY AND ALL ACTIONS AT LAW OR IN EQUITY; FURTHER DIRECTING THE CITY ATTORNEY TO SEEK RECOMPENSE FROM ANY AND ALL PARTIES WHO MAY BE LIABLE, EITHER CIVILLY OR CRIMINALLY PURSUANT TO LOCAL, STATE OR FEDERAL LAWS. Motion by Commissioner Regalado, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0268 Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Yes, Mr. Chairman. I have just a simple item, and the Code of the City of Miami allows the City to authorize the City Attorney to seek compensation to recover all costs and expenses incurred by the City of Miami when there is a fire that is shown to be arson. On April 12, 2006, at 1144 Southwest 19th Avenue, in District 4, there was a fire that was determined to be arson. The fire was on an adult living facility. Later in the day, the police arrested a person that was described in the police report here as paranoid and just plain crazy, and he said -- he told the police officers that the angels told him to burn down the house. There were ten units that responded. They were several police car. There was a chase. The person was captured about five blocks away hiding on a backyard of a residential area, and this resolution, what it does, it directs the City Attorney to seek compensation to recover the cost incurred by the City because the Code allows that when it's arson and when there is no supervision -- and this is the case. The key case is that there was no supervision of the patient at the time the fire occurred. People lives were in danger. There was a total chaos in the area. I -- on that day -- Vice Chairman Winton: Did the arsonist live there? Commissioner Regalado: Yeah. Vice Chairman Winton: The arsonist was one of their residents? Commissioner Regalado: Yeah, the arsonist lived there, is a patient there, although he's in jail, 1 City of Miami Page 150 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 think. The police arrested him, and then, you know, the legal case, but this is a civil action to recoup the expenses incurred by the City, and it basically direct the City Attorney to seek from any and all parties who may be liable, civil, pursuant to local, state, or federal law, so that -- Vice Chairman Winton: I'll second the motion. Commissioner Regalado: -- is my motion. Vice Chairman Winton: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Commissioner Regalado: Thank you. NA.2 06-00901 DISCUSSION ITEM DISCUSSION OF RESIDENCY WAIVER FOR A MEMBER OF THE CODE ENFORCEMENT BOARD. MOTION A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sanchez, and was passed unanimously, waiving the residency requirement in Section 2-884 of the Code of the City of Miami, as amended, by a four fifths (4/5) vote of the members of the full City Commission, as it relates to the appointment of Leroy Jones as a member of the Code Enforcement Board. Commissioner Spence -Jones: Mr. Chairman, 1 have -- are we finished all the appointments? Chairman Gonzalez: Yeah, sure. Commissioner Spence -Jones: OK. I have -- I was told that I needed to at least bring this back in front of you regarding an appointment for Leroy Jones to the Code Enforcement Board -- Chairman Gonzalez: OK. Commissioner Spence -Jones: -- and I move to waive the residence requirement set forth. Commissioner Sanchez: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. NA.3 06-00869 RESOLUTION District 5 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO CREATE THE "MIAMI HERITAGE SUPER BOWL TASK FORCE" IN CONJUNCTION WITH THE OFFICIAL SUPER BOWL HOST City of Miami Page 151 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 COMMITTEE, FOR THE 2007 SUPER BOWL XLI AND THE 2010 SUPER BOWL XLIV TO BE HELD AT THE DOLPHIN STADIUM, MIAMI, FLORIDA. Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0290 Chairman Gonzalez: We have pocket items. Commissioner Spence -Jones: And I'll go quickly. The -- do you want me to start first? Chairman Gonzalez: Go ahead, go ahead Commissioner Spence -Jones: OK I just -- the first one you have -- we should have passed it out to you -- is a resolution for the Super Bowl -- Miami Heritage Super Bowl Task Force to work in conjunction with the Super Bowl Committee -- Host Committee here. As you know, we have the Super Bowl 2007 and 2010, and the whole purpose of this reso (resolution) is to really make sure that, one, our businesses throughout the whole city can at least get some of the business associated with the Super Bowl coming to the City of Miami or coming to Miami, and also, I think that it's really important, if Miami is the number one -- tourism is the number one industry, we need to also make sure that we drive tourists into the neighborhood, so we want to see them in Little Havana, we want to see them in Coconut Grove, we want to see them in Overtown, so the idea is to make sure this task force works in conjunction to make sure that the -- everything is spread around, so this is just a resolution putting together a task force to address that issue. Commissioner Sanchez: Second. Chairman Gonzalez: OK. Will you read the resolution? Commissioner Spence -Jones: Sure. You need me to read it, sir? Chairman Gonzalez: It's a resolution of the City of Miami Commission authorizing the City Manager to create the Miami Heritage Super Bowl Task Force, in conjunction with the official Super Bowl Host Committee, for the 2007 Super Bowl -- the -- Joe Arriola (City Manager): Forty-first. Commissioner Sanchez: Forty-first. Chairman Gonzalez: -- 41st and the 2010 Super Bowl 41st [sic], to be held at the Dolphin Stadium. Commissioner Spence -Jones: OK. Commissioner Sanchez: Discussion. Chairman Gonzalez: We have a mo -- is this your motion? Commissioner Spence -Jones: So move. Chairman Gonzalez: OK. Is there a second? Commissioner Sanchez: Second. City of Miami Page 152 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Chairman Gonzalez: Second for discussion. Commissioner Sanchez: Discussion on the item. Chairman Gonzalez: You're recognized. Commissioner Sanchez: This, for being a pocket item, is a very important item. Let me tell you why. Super Bowl. You know, you're talking about -- close to about $300 million economic impact to our community showcasing our local communities throughout the world, and you know, if you look back at the last City that held the Super Bowl, was Detroit, Detroit really had a great opportunity -- and I'll tell you what the secret to their success was, and I think it's something that we should also work at here in our City. The perception of Super Bowls is that, you know, the people that are coming in to watch the Super Bowl, those are the ones that are going to be benefiting from it. That is so untrue. I think we all benefit from an event like this in our community when we have an opportunity to partner up with major corporations, major companies throughout the United States, and making sure that local companies, local communities, local neighborhoods -- it's a local thing, and if we're going to put our stamp on anything of great importance in this community, this is one of the things that we need to do, although that the County and other municipalities are working with the Super Bowl Committee to assure that this is one of the most successful Super Bowls in its history, so I applaud you, Commissioner, for taking the initiative to get them to work with our community. It's not about going to South Beach. It's not about going to Coral Gables. You know, it's about going to Overtown and Little Haiti and Little Havana and really seeing what Miami is all about, and the greatest resource that we have here -- although we got a great basketball team. We don't have a very good baseball team now. We do have a good football team, but I think the greatest resource that we have are our people, our culture, our community, and those are the things that we really should be focusing on when we sit down with the Orange Bowl Committee, so Commissioner, you have my support a hundred percent on this item. Commissioner Spence -Jones: Thank you. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say „ aye. The Commission (Collectively): Aye. Chairman Gonzalez.: Those opposed have the same right. Motion carries. NA.4 06-00868 ORDINANCE Draft District 5 (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 12.5/ARTICLE I/DIVISION 2/SECTION 12.5, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST," TO MODIFY THE POWERS AND DUTIES OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST AND ITS PRESIDENT/CEO; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones City of Miami Page 153 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 12806 A motion was made by Vice Chairman Winton, seconded by Commissioner Regalado, and was passed unanimously, to consider the proposed emergency ordinance regarding the Model City Community Revitalization District Trust. Chairman Gonzalez: You have another pocket item, Commissioner Spence --? Commissioner Spence -Jones: I just have two more, and I'll be finished, sir. The next one is -- comes as a pocket item, which is actually an emergency ordinance modifying the Model City Trust. You should have a copy of it. Commissioner Sanchez: What is that? Commissioner Regalado: I don't have it. Vice Chairman Winton: May I --? Chairman Gonzalez: Moding? Commissioner Sanchez: Moding. Commissioner Spence -Jones: Yeah. Commissioner Regalado: Oh, pocket item. Vice Chairman Winton: Why -- I'm a -- just -- I have -- I'm a little nervous about -- I'm not opposed to modifying this at all; I'm only nervous about process, and I'm nervous about the idea of modifying this as a pocket item, as opposed to a regularly agendaed [sic] item, and so I don't -- you know, we've had a history of making sure -- when I first got here, there were a re -- pretty significant number of pocket items that came forward that had economic impact -- Commissioner Spence -Jones: Um -hum. Vice Chairman Winton: -- and very shortly, we all voted to -- if it has ec -- pocket items, economic impact, out the door -- Commissioner Spence -Jones: Right, right. Vice Chairman Winton: -- and major policy issues, we generally have been careful not to, but it isn't quite as clear as the economic thing -- Commissioner Spence -Jones: Right, and -- Vice Chairman Winton: -- so I'm just a little nervous, that's it. Commissioner Spence -Jones: -- I agree. My partner on the side is making sure he -- but there's a reason why I'm doing this. 1 think that, under normal circumstances, I probably wouldn't ask for this, but I'm very, very concerned about things happening at the -- you know, we already have this transition happening with the Model City Trust. We have the ad hoc committee working on what they have to do, the auditor working on what they have to do; they're in search of a new president, and hopefully, they'll have a decision on that on Monday. My concern is there's a lot of things happening in this process, and just yesterday, I went touring in the area and -- with Habitat for Humanity, and you know, I saw an abandoned City -owned building that we have with 39 units in it, and literally, it's an abandoned building and I saw people walking -- City of Miami Page 154 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 I mean, I was sitting there looking at the building and I saw the person walk up to the building with a key going into the apartment that's abandoned building, that's a City -owned building that's governed by the Model City Trust, and this is -- Vice Chairman Winton: What -- Commissioner Spence -Jones: -- I have a huge concern, so at this point, this particular item is to really just, at this point, stop from any kind of negotiating, you know, with owners of buildings, and we need to just --1 need everything to stop for a minute because, in a minute, we're going to be in trouble, so I've had the discussions -- we've had discussions over and over again and it's not changing, so this is only to modify -- and if you look at the reso (resolution), it's only modifying their ability to be able to execute on contracts. Commissioner Regalado: Number 10. Commissioner Spence -Jones: Yeah. Commissioner Regalado: Number 10 -- Jorge L. Fernandez (City Attorney): Correct. Commissioner Regalado: -- is the only one -- Vice Chairman Winton: Oh, to sue and be sued (UNINTELLIGIBLE) -- Commissioner Spence -Jones: Right, exactly. Mr. Fernandez: Actually -- and then on the following page, page 3 of 4, in the middle of that very tight paragraph, there is stricken -through language that is also part of the amended -- Commissioner Spence -Jones: It's not the whole thing. It's just a portion of it. I just think that if I'm going to be responsible for an area and it is my district -- I mean, I'm not saying don't continue to do some of the great things that you need to do in the area, but 1 want to take full responsibility for it. For me taking responsibility is saying, hey, look, this is -- this needs to be dealt with, and -- Vice Chairman Winton: So what you're doing is limiting, for some period of time, the powers of the trust to execute contracts and to do those kinds of things -- Commissioner Spence -Jones: To sue or to be sued. I mean -- Vice Chairman Winton: Oh. Commissioner Spence -Jones: -- it's actually three items, and I think I have Barbara here from Community Development, and she can just attest to some of the things that we've been encountering, and I keep trying to say, OK, well, we're going to be -- we're going to deal with it in a minute, but it has not changed, so normally, I wouldn't ask this, but I just think it's best until we can, you know, get past some things with the Trust. I think it is a wise decision, from a City standpoint, to put things to a halt. Barbara Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. I think that one of the problems that we're facing right now, number one, is we're trying to do an inventory of what we own, what do we have, and one of the things that we have found out by going through the area is that there is a vacant building that is owned by the City, which the Model City Trust is administering and managing that process, that there's people living in there, City of Miami Page 155 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 and it's -- Commissioner Spence -Jones: With keys. Ms. Gomez -Rodriguez: -- and there's other houses that apparently were bought. People still live in the houses. There's kids running around, and that's a huge liability for the City. The other thing that we're experiencing by doing this inventory is that there are general contractors that are working on houses owned by the City that do not have the proper insurance, so these are some of the things that, as we have been driven -- going around the area and we stop and talk to people, we find these types of things out. We're also finding out that there are negotiations with people for certain lots to build certain structures, which is not what the Commissioner has agreed with area residents that we need -- Vice Chairman Winton: Oh. Ms. Gomez -Rodriguez: -- so these are some of the things that we feel that if we take a moratorium and then we sit back and then we can regroup and see what's the best for the area. Commissioner Spence -Jones: And, again, we're looking at the whole -- you know, we were already looking at Model City Trust and what needs to be changed, so we're doing all that, but I want to make sure that it's vetted out through the committee and it's done properly, so that's why I didn't do any drastic changes with it, but you know, I have to be responsible for the residents that live there, and I just think that this is a very important step. Either we pay now or pay later. Chairman Gonzalez: All right. Commissioner Sanchez. Commissioner Sanchez: Yes, sir, Mr. Chair, and without a doubt, I don't dispute. Your heart's in the right place with the decision that you're making and presenting this emergency ordinance. However, I just want to caution you and be -- that you take the path of caution and prudence on this issue. Now, is there any other remedy besides bringing this now? I mean, did -- the Administration can cease basically making any decisions for the next couple of weeks until this is brought forth, and then next Commission meeting -- because I think this is a double-edged sword and I -- Commissioner, I'm doing this out of just caution that, you know, in the past, things like this -- you know, we did a lot of great things today, but I guarantee you, this could be one of the items in tomorrow's newspaper -- Commissioner Spence -Jones: Um -hum. Commissioner Sanchez: -- when we bring forth an emergency ordinance to mod fy Model City's Trust, which, in the past, has had a very gray cloud over them, and Commissioner Winton -- Commissioner Spence -Jones: Um -hum. Commissioner Sanchez: -- I tend to agree with you, but here again, it is a Commissioner who is concerned on a specific issue in her district, and really, who do we point the finger at here? Is it us for failing as a City to do what we had to do out there with Model City or who we hired or what the process was? You know, we're put in a very awkward situation here. Now, does it fall under liability? I'll have to accept that, that if it does put us in a situation where it's a liability issue -- I mean, 1 want to make sure if I make a decision, I -- look, I make decisions, whether right or wrong, I could live with them, but I want to sure that the Legal Department gives me the proper recommendation because I've already heard from the City. Having said that, I just have doubts and I'm just looking for another remedy, so this could come in front of us. It is a four -fifths emergency ordinance to modify the Model City Trust. If there's another remedy that we could discuss it today, bring it back at the next Commission meeting, vote on it, and the City could hold right now before making any decision on the issue. City of Miami Page 156 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Ms. Gomez -Rodriguez: I can -- Commissioner Sanchez: Mr. City Attorney. Mr. Fernandez: Well, what I can tell you is that the Model City's Trust is a creature of this Commission. This Commission has the power to do what it is being proposed that it do. We have discussed this issue with Commissioner Spence -Jones. However, what we have not done is that we have not entered the arena of a policy debate that you're all engaging yourselves in with regard to be it in the newspaper, is there another way of doing it, because that is really not a legal consideration. I can tell you that on the four corners of this document, the passage of an emergency ordinance amending an ordinance that you already have in place is -- can be done appropriately. The only caveat that I have to give to that is that I believe somewhere in the Code -- and I don't know that this has been discussed with the Commissioner and her staff -- in order for the City Commission to consider the passage of an emergency ordinance out of pocket, there has to be a pre -vote or there has to be a consensual agreement on the part of the entire Commission to, in fact, consider that. Whether that provision of the Code -- and I can't pinpoint it right now -- has been applied before or it has been dealt with before, I don't know, but that's the only thing that comes to mind at this late date as I look at this. Absent that, absent the -- whatever Code provision it is that I seem to be recollecting, the ordinance in front of you is an emergency ordinance; it requires four -fifth vote, and it deals with topics that is within the purview of this board to address, if it chooses, from a policy perspective. Commissioner Spence -Jones: And I just want to add, because of the interlocal agreement that we have, to my understanding, I was -- it was communicated to me was -- you know, because my thought was originally to maybe amend the interlocal or try to figure out another way to do it. It was communicated the only way that 1 could handle this is by bringing it as an emergency ordinance and just to deal with it from that perspective. I'm just trying to not have a problem later on and that's really what it's all about. Now, if my colleagues are -- feel comfortable with us being in that position, hey, I don't have a problem with it, but I just -- if I didn't physically witness it myself, 1 would not be bringing this up as an issue today, and already, you know, I've been talking back and forth with you guys regarding fencing these lots in these areas and things that we own, and the fences still aren't there yet, you know, and to see that is just another indication that --1 mean, we have to take responsibility for stuff that we own, and that's really -- at the end of the day, that's why I'm saying, let's just put a halt to it, and remember, these lots that we do have from the perspective of how the interlocal agreement is put in place, they're transferred to the Trust, so it never has to come back in front of us, so literally, since they've already been transferred to the Trust, anything can happen with them. Chairman Gonzalez.: All right. Any further discussion or -- Vice Chairman Winton: Well, let me get a clarification from the City Attorney because 1 understand -- you know, I think the Commissioner understands my concern. I think she's brought some pretty compelling arguments to the table to try to gain my support for this as a pocket item as opposed to a regular agenda item, and I'm inclined to lean in that direction. However, Mr. City Attorney, you said that we may have to take some action to even get this pocket item here to begin with, which I wasn't clear on. Mr. Fernandez.: Yes. I found it. The -- your Code reads: "Nonscheduled pocket items may be introduced for consideration at a City Commission meeting by the Mayor, each Commissioner, the City Manager, and the City Attorney provided that the City Commission unanimously deems such resolution or ordinance to be an emergency nature," so the point that I was trying to make is that, even prior to taking a four -fifth vote that you need to take on the substance of the changes, the City Commission must make a unanimous determination that, in fact, there is an emergency that makes this -- did you follow -- City of Miami Page 157 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Vice Chairman Winton: Hearable. Mr. Fernandez: -- what I'm trying to say? Vice Chairman Winton: Yes, so we have to take two votes. One vote is just to take up the -- the first vote is to take up the item -- Commissioner Sanchez: Yeah, to declare -- Mr. Fernandez: And that must be -- Vice Chairman Winton: -- and that requires a five -fifths vote. Mr. Fernandez: -- a unanimous vote, and -- Vice Chairman Winton: Got it. Mr. Fernandez.: -- that goes to the emergency nature of the proposal. Vice Chairman Winton: Yeah. Mr. Fernandez: Then the second vote that you would take would be a four -fifth vote dealing with the substance. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes. Vice Chairman Winton: 1 understand very clearly. Chairman Gonzalez: Go ahead. Commissioner Regalado: OK. The -- what we are being proposed here is to change the ordinance that makes the Trust work and -- everyday, and I understand the reasons and I understand the urgency that the area Commissioner has, and my only question, City Attorney -- Mr. Fernandez: Yes. Commissioner Regalado: -- would it not be better -- because what she's saying is that the City needs time -- the Administration needs time. Would it not be better, instead of having Commissioner Spence -Jones bring this emergency ordinance to the board, to have a resolution ordering -- since the City Commission, you said, created this -- Chairman Gonzalez.: Creation. Commissioner Regalado: -- trust, right -- Vice Chairman Winton: right. Commissioner Regalado: -- is a creation -- Mr. Fernandez: Yes. Commissioner Regalado: -- so we can issue a resolution to stop any and all businesses until the City of Miami Page 158 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 audit that you directed is done, until all the issues are resolved. I mean, can you -- can we stop all and any businesses and not change the structure of the government -- of the Trust? Commissioner Spence -Jones: And that was my original suggestion, but I was told that that's the way l had to do it. Mr. Fernandez: No. The -- again, you know, the whole situation here -- and the section of the Code that I have explained to you literally applies to ordinances and resolutions, and so you still have the same consideration of having the unanimous vote, if what you want to do is a resolution, but I would caution you not to -- you have a duly constituted body. You have, by ordinance, created this, and you cannot take away with a resolution what you have given with an ordinance. The way to deal with the powers of an organization, like the one you have created, how did you create it? Ordinance. How do you take it back? An ordinance. You cannot, by resolution, do that. However, what you can do is you can instruct the City Administration, absent Commissioner Spence -Jones succeeding in her efforts in front of you, you can instruct the administration to take whatever steps are necessary to safeguard the City's interest, the City's funds, the City's, you know -- and we'll take it from there, if that, you know -- but that would be the only thing left to you, other than considering Commissioner Spence -Jones' recommendation. Vice Chairman Winton: Well, except -- Commissioner Spence -Jones: Mr. City Attorney, with all due respect, we also know that -- and I've mentioned it earlier -- that the reason why we're doing this is because the land has already been transferred to the Trust, so City Administration can't do anything because -- Mr. Fernandez: Right. Commissioner Spence -Jones: -- once they have the property, they can do whatever they want to do on the property. Mr. Fernandez: Correct. Commissioner Spence -Jones: Now, I think that, as a sitting Commissioner, I've done everything to work -- to make sure that we keep the Trust, you know -- just trying to find creative ways to look at the best approach with how we keep it, and I'm just not going to sit on -- in this seat and if I know something's not right and it's not being handled correctly, not do anything about it. The people of my district voted me in because they don't want to see "business as usual, "so I'm saying at this point, this is the best way to handle it for now. Mr. Fernandez: And I'm not participating in the policy debate; that's up to the five of you. I'm just trying to answer very narrow legal questions that are being asked of me. I have -- Vice Chairman Winton: I -- Mr. Fernandez.: -- no recommendation. I have no policy assistance to give any of you. Vice Chairman Winton: 1-- Commissioner Spence -Jones: And the only reason, once again, I chose this method was because 1 was told the only way that I could stop any activity from happening was to change the ordinance. Vice Chairman Winton: I will make a motion to consider the emergency nature of the ordinance. Commissioner Regalado: Second. City of Miami Page 159 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Vice Chairman Winton: That's the first step, is that not correct? Mr. Fernandez: Correct. Commissioner Regalado: Second. Vice Chairman Winton: That's my motion. Chairman Gonzalez: All right. We have a motion and we have a second. Commissioner Regalado: Roll call. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The motion has been adopted, 5/0. Vice Chairman Winton: 1 will move the emergency pocket item with a comment. Commissioner Sanchez: With a comment or -- Mr. Fernandez: And it is an ordinance. Vice Chairman Winton: With a -- the -- yeah, the ordinance. I will -- I'm making a motion to accept Commissioner Michelle Spence -Jones' ordinance here. I'm making a motion to move that forward, and then I want to make a comment. Commissioner Sanchez: Second it for your comment -- for the purpose of discussion. Vice Chairman Winton: The only -- Chairman Gonzalez: All right. We have a motion -- Commissioner Regalado: Is the comment -- Chairman Gonzalez: -- and we have a second. Commissioner Regalado: -- in the ordinance? Vice Chairman Winton: Yeah. No, the comment isn't in the ordinance. Commissioner Regalado: Oh, OK. Vice Chairman Winton: The comment is to my colleague, and the comment is, you know, you convinced me to support this idea even -- and Commissioner Sanchez because I think both of us were very nervous, and the only comment 1 want to make is that we consider pocket items to be items that we generally only want to deal with fluff on. Commissioner Spence -Jones: Yeah, I understand. Vice Chairman Winton: We don't want to deal with money, we don't want to deal with policy, City of Miami Page 160 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 and it isn't that we don't want to deal with money and that we don't -- but we want to do it in the right arena, and that's all we're saying -- Commissioner Spence -Jones: Yeah. Vice Chairman Winton: -- but this is a special thing, and so that's the reason 1 think we're supporting it. Commissioner Spence -Jones: And I respect and I appreciate the support on the item. The only reason why I'm moving to have -- I moved to have it happen today was because I just don't want -- I didn't -- after yesterday, I was like this is out of control; I need to handle it, so -- and that was the only reason why I brought this emergency ordinance, and I'll work hard to make sure that that doesn't happen again. Vice Chairman Winton: Thank you. Chairman Gonzalez: All right. We have a motion and we have a second. This require a public hearing, correct? Mr. Fernandez: Yes, it does. Chairman Gonzalez: OK. This is a public hearing. Anyone from the public that wants to address this item, please come forward. All right, seeing none and hearing none, the public hearing is closed. It comes back to the Commission. Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. First roll call. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The item has been passed as an emergency measure, 5/0. NA.5 06-00871 RESOLUTION District 5 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO WAIVE THE COSTS OF THE CITY OF MIAMI SERVICES AND THE SNOWMOBILE COSTS ASSOCIATED WITH THE 10TH ANNUAL ARTHUR MCDUFFIE CANDLELIGHT VIGIL TO BE HELD ON WEDNESDAY, MAY 17, 2006. Motion by Commissioner Spence -Jones, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0291 Commissioner Spence -Jones: And, Mr. Chairman, I only had two -- Chairman Gonzalez: You have two more pocket items. Commissioner Spence -Jones: Yeah, that -- and I'll be done with it real quick. Chairman Gonzalez: All right. City of Miami Page 161 Printed on 5/26/2006 City Commission Meeting Minutes May 11, 2006 Commissioner Spence -Jones: They're fluff items, Commissioner Winton. Vice Chairman Winton: All right. Commissioner Spence -Jones: OK. Vice Chairman Winton: I like fluff ones. Commissioner Spence -Jones: The first one is just a resolution to waive the City services and showmobile costs for the Arthur McDuffie Candlelight Vigil. Vice Chairman Winton: Second. Commissioner Spence -Jones: Thanks. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. NA.6 06-00872 RESOLUTION District 5 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO WAIVE THE COSTS OF THE CITY OF MIAMI SERVICES AND THE SHOWMOBILE COSTS ASSOCIATED WITH THE FIRST ANNUAL TOUSSAINT L'OVERTURE PARADE AND BIRTHDAY CELEBRATION TO BE HELD IN LITTLE HAITI ON SATURDAY, MAY 20, 2006, IN SUPPORT OF HAITIAN HERITAGE MONTH. Motion by Commissioner Spence -Jones, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0292 Commissioner Spence -Jones: And then the next one, as you know, May is Haitian Heritage Month, and I was just asking for the resolution to waive City services for the showmobile and for -- the City services for the Toussaint L'Overture Parade and Birthday Celebration. Vice Chairman Winton: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Any other pocket items? MOTION TO ADJOURN A motion was made by Vice Chairman Winton, seconded by Commissioner Sanchez, and was passed unanimously, to adjourn today's meeting. City of Miami Page 162 Printed on 5/26/2006