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HomeMy WebLinkAboutCC 2004-11-18 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Verbatim Minutes Thursday, November 18, 2004 9:00 AM REGULAR City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chairman Angel Gonzalez, Vice Chairman Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Jeffery L. Allen, Commissioner District Five Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes November 18, 2004 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS Page 3 MV - MAYORAL VETOES Page 3 AM - APPROVING MINUTES Pages 3-4 CA - CONSENT AGENDA Pages 7-16 M - MAYOR'S ITEMS Pages 17-21 D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS Page 21 D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS Pages 22-42 D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS Pages 43-60 SR - SECOND READING ORDINANCES Pages 62-66 FR - FIRST READING ORDINANCES Pages 67-75 RE - RESOLUTIONS Pages 76-85 BC - BOARDS AND COMMITTEES Pages 85-89 DI - DISCUSSION ITEMS Pages 90-91 City of Miami Page 2 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez, Commissioner Regalado and Commissioner Allen On the 18th day of November, 2004, 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 at 9:13 a.m. by Chairman Joe Sanchez, recessed at 12: 24 p.m., reconvened at 2: 40 p. m., and adjourned at 7:51 p. m. During part of this time, the Planning and Zoning Commission Meeting was also held. ALSO PRESENT.' Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk Note for the Record: The City Clerk came in at 10.• 00 a.m. PRESENTATIONS AND PROCLAMATIONS PR.1 04-01275 MAYORAL VETOES CEREMONIAL ITEM Name of Honoree Presenter Mayor Diaz/City of Miami Dr. Don Cobre Dr. Miguel Manresa Protocol Item South Florida Management District Ceremonial Check Commissioner Regalado Salute & Key Commissioner Regalado Salute & Key 04-01275-cover page.pdf 04-01275-protocol. pdf I. The South Florida Management District presented the City with a contribution in the amount of $750, 000. 2. A Proclamation was given to the Miami -Dade County Farm Bureau by Mayor Manny Diaz for its support in helping the agricultural community to safeguard our county's rich agricultural resources and create a healthy and strong community; further, declaring this week "National Get Farm-iliar with Dade Agriculture Farm -City Week". 3. Commissioner Regalado presented Salutes and Keys to the City to Dr. Dan Coble, President of the Florida Nursing Board, and and Dr. Miguel Manresa, President of SABER, Inc., for their help in developing programs to recruit more nurses. Presentations made. NO MAYORAL VETOES Chairman Sanchez: Madam Clerk, there are no vetoes from the Mayor's Office. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: City of Miami Page 3 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton Chairman Sanchez: OK. We move on to approving minutes of the following meetings that we've had. We had a second budget hearing meeting on September 28, 2004. We need a motion to approve the minutes. Commissioner Allen: 1 move we adopt the minutes. Chairman Sanchez: There's a motion by Commissioner Allen, second by Vice Chairman Gonza le:. 11 is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. We also had a regular meeting on October 14, 2004. We also need a motion to approve the minutes. Is there a motion? Commissioner Allen: I make a motion approve the minutes -- Chairman Sanchez: Motion -- Commissioner Allen: -- Mr. Chairman. Chairman Sanchez: -- to approve the minutes by Commissioner Allen, second by Vice Chairman Gonzalez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, motion carries unanimously. ORDER OF DAY Chairman Sanchez: Consent agenda. We have one item that -- before we go into the consent agenda, are there any items that the administration or the Commissioners would like to pull from the agenda? Mr. City Manager, you're recognized. Joe Arriola (City Manager): From the consent agenda, CA.17 -- Chairman Sanchez: OK. Mr. Arriola: -- and I think it's D1.2. Chairman Sanchez: OK, so CA.17, which is the Civil Service Board report, is being -- Mr. Arriola: Yes. Chairman Sanchez: -- pulled out of the consent agenda. I don't even know why that's still on the consent agenda. That's a report that should be given to this Commission, and maybe we could schedule it, if not for December, for maybe January, for that board to come in front of this Commission. I'm sure there are a lot of questions to be asked on that board, so that item has been deferred to a later date or -- I'm just saying, next time that it comes before us, it should not be on a consent agenda. It should be on a regular item. City of Miami Page 4 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Mr. Arriola: I'll set it up -- I think it would be best for January, because you only have one meeting in December -- Chairman Sanchez: OK. Mr. Arriola: -- for them to come and make a presentation -- Chairman Sanchez: It's been deferred to January. Mr. Arriola: -- in January. Yes. Chairman Sanchez: OK, and what was the other one, Mr. City Manager? Mr. Arriola: It's DI.2. Chairman Sanchez: D1.2, OK D1.2. Mr. Arriola: D1.2, actually. DI.2. Chairman Sanchez: OK. Any other item that the Commissioners would like to defer from this agenda? Is the mural -- the mural has been pulled, Mr. City Manager? Mr. Arriola: Yes, sir. Chairman Sanchez: OK, that item has been pulled. It's not on the agenda? OK. Commissioner Allen: Mr. Chairman, I also believe PH.2 has been pulled. I was just apprised. Chairman Sanchez: PH.2? Commissioner Allen: Yes, sir. Chairman Sanchez: Are you asking that that item be deferred? Commissioner Allen: Yeah. Mr. Arriola: I'm sorry. 1 was looking -- a public hearing -- he's perfectly right, PH.2 has been withdrawn. Chairman Sanchez: OK. Any other item? Mr. Arriola: No, sir. Chairman Sanchez: OK. There is one item on CDBG (Community Development Block Grant) fund -- I'm not sure which one that is -- that I will be deferring, but I will probably bring it on -- it's time certain for 3 p.m., so I'll let you know by that time whether the item is going to be deferred or not. Any other items from the Commission? If not, we'll move into the consent agenda. We don't need a motion to defer those items, do we, Mr. City Attorney? Do we need a motion to defer those items? I don't believe, do we? Jorge L. Fernandez (City Attorney): Well, no. If they're withdrawn, they are taken off together. Chairman Sanchez: All the items have been deferred; none have been withdrawn. City of Miami Page 5 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Mr. Fernandez: Well, if any public hearing is deferred, then you need to defer to a time certain, public hearings, except, if they're withdrawn, then they're withdrawn. There is -- Chairman Sanchez: There's one public hearing, that I'm aware of and that one I have not made up my mind yet whether it will be or not. Mr. Fernandez: So, then -- Chairman Sanchez: I'll make my mind up at 3 o'clock Whether I get the appropriate information or not, if I'm not satisfied with the information, trust me, it'll be deferred. Mr. Fernandez: Right. Chairman Sanchez: OK. Commissioner Allen: And likewise, with the PH.2, 1 think 1 need to make a declaration. That needs to be deferred? Mr. Fernandez: Well, I think 1 heard the Manager say that in PH.2, he's withdrawing that. Commissioner Allen: Right. Mr. Fernandez.: Withdrawn items do not need action by this Commission because you're not setting it for a time certain. It's just withdrawn. Chairman Sanchez: One more Commission [sic], we could get the meeting in order, and we were in recess. We're coming back now. We have one more item out of the regular agenda, which is CA.10, and as soon as Commissioner Winton gets here, we'll address that, and after that, we'll go into the PZ (Planning & Zoning) items. Before we do that, I just want to state for the record that PZ 9, which is the Major Use Special Permit, Opus, has been deferred to January . The -- I believe the second meeting of January? Priscilla A. Thompson (City Clerk): Correct. Yes, that would be the P&Z meeting -- Chairman Sanchez: As under PZ items regularly are heard on the second -- Ms. Thompson: Correct, and that would be January 27th. Chairman Sanchez: Yes. We also want to state for the record that any person who acts as a lobbyist, pursuant to City of Miami Ordinance Number 11969 must register with the City Clerk prior to engaging in any lobbying activity before the City staff, board, and committees and the City's Commission. A copy of the ordinance will be provided to you at the City Clerk's Office. Also, any person making slanderous remarks or behaving inappropriately at the City -- in the City Commission should be barred from further audience before the Commission by the presiding officer. Therefore, we ask that no cheering, booing, or outbursts take place here in the Commission. Also, any person who will be speaking on any of the PZ items or testifying in front of this legislative body, needs to be sworn in, and now that we have four Commissioners and waiting for the fifth to arrive, all those that will be testing on any of the PZ items, please stand up and be sworn in. Comments translated into Spanish by Chairman Sanchez. Chairman Sanchez: OK Could we swear them in, Madam Clerk? Ms. Thompson: Yes. Please raise your right hand. City of Miami Page 6 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Sanchez: OK. Thank you. We would -- we wanted to bring up one item that we left behind, which is CA.10, but that was at the request of Commissioner Winton, so well go ahead and table it for now and well just go into the PZ items. CONSENT AGENDA Direction to the City Manager by Chairman Sanchez to ensure that agenda items are thoroughly reviewed and completed before being placed on the agenda for Commission consideration and approval. CA.1 0401221 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID OF MIAMI ELECTRIC SUPPLY ASSOCIATES, PURSUANT TO INVITATION FOR BIDS NO. 03-04-143, FOR THE PURCHASE OF STREETLIGHT FIXTURES AND POLES FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ("GSA") ON AN AS -NEEDED CONTRACT BASIS, FOR A TWO-YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $26, 738.42, FOR THE FIRST YEAR AND AN INCREASE NOT TO EXCEED THREE PERCENT (3%) FOR EACH SUBSEQUENT YEAR, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $111,863.57; ALLOCATING FUNDS FROM GSA ACCOUNT NO. 504000.420119.6.707. 04-01217-cover memo.pdf 04-01217-bugdetary impact.pdf 04-01217-award form.pdf 04-01217-award sheet.pdf 04-01217-bid tabulation.pdf 04-01217-bid security list.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0719 CA.2 04-01218 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING AN INCREASE IN COMPENSATION FOR THE PROFESSIONAL SERVICES OF FALCON & BUENO, INC., PREVIOUSLY APPROVED BY RESOLUTION NO. 03-084, ADOPTED JANUARY 23, 2003, FOR THE PROJECT ENTITLED "MEMORIAL BOULEVARD PROJECT, B- 30309 (PREVIOUSLY ENTITLED "CUBAN MEMORIAL LINEAR PARK PROJECT")," FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICE FEES, IN AN AMOUNT NOT TO EXCEED $33,510, INCREASING COMPENSATION FROM $205,500 TO $239,010, BASED ON THE MODIFIED SCOPE OF SERVICES REQUIRED FOR SAID PROJECT; ALLOCATING FUNDS FOR SAID INCREASE, IN A TOTAL AMOUNT NOT TO City of Miami Page 7 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 EXCEED $33,510, FOR SERVICES AND EXPENSES INCURRED BY THE CITY OF MIAMI, FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 311713 ENTITLED "DISTRICT 3 NEIGHBORHOOD QUALITY OF LIFE;" AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL WORK ORDER, IN SUBSTANTIALLY THE ATTACHED FORM; AMENDING RESOLUTION NO. 03-084 TO REFLECT THE PROJECT NAME CHANGE AND SAID INCREASE. 04-01218-exhibit 1. pdf 04-0121 8-exhibit2.pdf 04-0121 8-exhibit3.pdf 04-0121 8-exhibitPSA.pdf 04-01218-budgetary impact.pdf 04-01218-cover memo. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0720 CA.3 04-01219 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BIDS OF VARIOUS VENDORS, FOR THE PURCHASE OF RECREATIONAL EQUIPMENT AND SUPPLIES FOR VARIOUS CITY OF MIAMI PARKS FOR THE DEPARTMENT OF PARKS AND RECREATION, ON AN ITEM -BY -ITEM BASIS FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $121,261.36, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $485,045.44; ALLOCATING FUNDS FROM PARKS AND RECREATION GENERAL ACCOUNT NO. 001000.580301.6.717. 04-01219-cover memo.pdf 04-01219-budgetary impact.pdf 04-01219-award form.pdf 04-01219-award sheet.pdf 04-01219-tabulation of bids.pdf 04-01219-bid security list.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0721 CA.4 04-01220 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "FY '04 CERT (COMMUNITY EMERGENCY RESPONSE TEAM/CITIZEN CORPS) GRANT AWARD FUND" CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, FOR THE PERIOD COMMENCING JULY 1, 2004, AND ENDING SEPTEMBER 30, 2005, FOR ADMINISTRATION OF THE CITY OF MIAMI'S CERT MIAMI PROGRAM, IN THE AMOUNT OF $28,000; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD City of Miami Page 8 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 AND TO EXECUTE THE NECESSARY DOCUMENTS, FOR SAID PURPOSE. 04-01220-worksheet.pdf 04-01220-budgetary impact.pdf 04-01220-City Of Miami letter.pdf 04-01220-community affairs Ietter.pdf 04-01220-agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0722 CA.5 04-01221 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "URBAN AREA SECURITY INITIATIVE (UASI) GRANT PROGRAM III (FISCAL YEAR 2004)," CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY PASSED THROUGH THE OFFICE FOR DOMESTIC PREPAREDNESS, DIRECTLY TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT; APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $19,033,677; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES. 04-01221-exhibit agreement.pdf 04-01221-exhibitl .pdf 04-01221-exhibit 1 A. pdf 04-01221-exhibit 1 B. pdf 04-01221-exhibitl C. pdf 04-01221-exhibitl D.pdf 04-01221-exhibitl E. pdf 04-01221-exhibitl F.pdf 04-01221-grant adjustment notice.pdf 04-01221-fax.pdf 04-01221-budgetary impact.pdf 04-01221-worksheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0723 CA.6 04-01222 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE REVOCABLE LICENSE AGREEMENT ("AMENDMENT") BETWEEN THE CITY OF MIAMI City of Miami Page 9 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 AND THE CENTER FOR HAITIAN STUDIES, INC. ("LICENSEE"), A NONPROFIT CORPORATION, TO REDUCE THE MONTHLY USE FEE FROM $250 PER MONTH TO $1.00 PER MONTH, FOR LICENSEE'S CONTINUED USE OF THE CITY -OWNED PARKING LOT LOCATED AT 185 NORTHEAST, 82ND TERRACE, MIAMI, FLORIDA, EFFECTIVE MAY 1, 2004. 04-01222-exh i b it. pdf 04-01222-pre resolution.pdf 04-01222-worksheet. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0724 CA.7 04-01223 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA AGRICULTURAL AND MECHANICAL UNIVERSITY ("FAMU") AND THE FLORIDA INTERNATIONAL UNIVERSITY ("FIU") BOARD OF TRUSTEES, RELATING TO THE ORANGE BLOSSOM CLASSIC FOOTBALL MATCH BETWEEN THE FAMU AND FIU TEAMS TO BE HELD AT THE ORANGE BOWL STADIUM ON NOVEMBER 27, 2004; AUTHORIZING A BASIC USE FEE IN THE AMOUNT OF $5,000; CONDITIONING SAID AUTHORIZATION UPON THE ORGANIZERS (1) OBTAINING ALL PERMITS REQUIRED BY LAW, (2) PAYING FOR ALL NECESSARY COSTS OF CITY OF MIAMI ("CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH THE EVENT, (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED BY THE CITY MANAGER OR DESIGNEE, AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. 04-01223-exhibit 1. pdf 04-01223-exhibitA. pdf 04-01223-work sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0725 CA.8 04-01224 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL APPROPRIATE CIVIL ACTIONS AGAINST AMER HOLDING, A LIMITED LIABILITY COMPANY ("LESSOR") AND E.F. HUTTON REALTY CORPORATION, ITS AGENT, TO PROSECUTE, PROTECT AND PRESERVE THE INTERESTS OF THE CITY OF MIAMI (" CITY") INCLUDING, BUT NOT LIMITED TO, ANY ACTION AUTHORIZED BY LAW OR IN EQUITY TO OBTAIN POSSESSION OR ANY OTHER RELIEF OR REMEDY FOR RECOVERY OF DAMAGES SUSTAINED BY THE CITY RELATED TO THE LESSOR'S BREACHES OF A LEASE AGREEMENT City of Miami Page 10 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 EXECUTED ON OR ABOUT OCTOBER 4, 2004. 04-01224-cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0726 CA.9 04-01225 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE REVOCABLE LICENSE AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI AND MIAMI OVERSEAS CHINESE ASSOCIATION ("LICENSEE"), TO PROVIDE FOR LICENSEE'S CONTINUED USE OF BAY 6 AT THE CITY OF MIAMI OWNED PROPERTY LOCATED AT 1101 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, FOR A SIX-MONTH PERIOD COMMENCING NOVEMBER 1, 2004, EXPIRING MARCH 31, 2005, UNDER THE SAME TERMS AND CONDITIONS OF SAID AGREEMENT. 04-01225-exh i b it. pdf 04-01225-worksheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0727 CA.10 04-01226 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND NEW ASSIGNEE BAYSHORE LANDING, LLC ("COMPANY"), DATED SEPTEMBER 20, 1985 AS AMENDED ("LEASE AGREEMENT"), TO ADD A NEW SECTION 30.3 TO THE LEASE AGREEMENT TO PROVIDE THAT IN THE EVENT THE LEASE AGREEMENT IS TERMINATED IN ANY PROCEEDING IN BANKRUPTCY INVOLVING THE COMPANY, AT THE REQUEST OF THE LEASEHOLD MORTGAGEE THE CITY WILL ENTER INTO A NEW LEASE WITH THE LEASEHOLD MORTGAGEE, UPON THE SAME TERMS AS THE EXISTING LEASE AND SUBJECT TO THE PROVISIONS SET FORTH IN THE THIRD AMENDMENT; PROVIDED: (1) THE LEASEHOLD MORTGAGEE PAYS ALL PAST DUE RENTS AND OTHER CHARGES DUE TO THE CITY, AND (2) THE ACTIONS OF THE LEASEHOLD MORTGAGEE HAVE NOT ADVERSELY AFFECTED THE INTERESTS OF THE CITY UNDER THE LEASE OR OTHERWISE RESULTED IN THE TERMINATION OF THE LEASE 04-01226-exhibit.pdf 04-01226-worksheet.pdf City of Miami Page 11 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0753 Chairman Sanchez: Yeah, listen, why don't we get -- you know, since I'm juggling this and trying to get as many items as we can out of the way, there was one item, CA. 10 -- Commissioner Winton: Oh, yeah. Chairman Sanchez: -- which Commissioner Winton pulled -- Commissioner Winton: I move -- move CA.10. Chairman Sanchez: All right. CA.10 -- Commissioner Regalado: Second. Chairman Sanchez: There's a motion to approve. Commissioner Regalado: Second. Chairman Sanchez: And there's a second. That was a resolution, if I'm not mis -- well, it's a consent agenda, so -- Commissioner Winton: No, it's consent agenda. Chairman Sanchez: -- so is any further discussion from the Commission? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." It carries -- CA.5 carries -- Commissioner Winton: CA.10 Commissioner Regalado: CA. 10. Joel Maxwell (Deputy City Attorney): CA.10. Chairman Sanchez: CA.10 carries. CA.11 04-01227 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("LESSEE") AND RAYOS DEL SOL, LTD., A LIMITED PARTNERSHIP ("LESSOR"), FOR USE OF APPROXIMATELY 1,200 SQUARE FEET OF OFFICE SPACE, LOCATED AT 185 NORTHWEST 13TH AVENUE, MIAMI, FLORIDA, TO RELOCATE THE OPERATION OF THE EAST LITTLE HAVANA NEIGHBORHOOD ENHANCEMENT TEAM, TO PROVIDE FOR THE FOLLOWING: (1) A SEVEN - City of Miami Page 12 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 YEAR TERM COMMENCING ON THE POSSESSION DATE WHICH SHALL BE NO LATER THAN APRIL 1, 2005, WITH AN OPTION TO EXTEND FOR TWO ADDITIONAL FIVE-YEAR TERMS SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES; (2) LESSEE SHALL PAY RENT FOR THE FIRST YEAR, IN THE AMOUNT NOT TO EXCEED $12, PER SQUARE FOOT, OR AN AMOUNT NOT TO EXCEED $1,200, PER MONTH, WITH RENT FOR SUBSEQUENT TERM YEARS TO BE ADJUSTED BASED ON INCREASES IN THE CONSUMER PRICE INDEX; (3) LESSOR TO PROVIDE LESSEE WITH COMPLETE BUILD -OUT OF THE PREMISES; AND (4) LESSOR TO PAY ALL COMMON AREA OPERATING CHARGES AND PROVIDE FOUR RESERVED PARKING SPACES FOR LESSEE, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 04-01227-exhibit 1. pdf 04-01227-exhibitA.pdf 04-01227-exh ibitB. pdf 04-01227-exhibit2. pdf 04-01227-cover memo.pdf 04-01227-budgetary impact.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0728 CA.12 04-01228 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACQUISITION OF TRAINING COURSES FOR INFORMATION TECHNOLOGY EQUIPMENT AND SOFTWARE FROM NEW HORIZONS COMPUTER LEARNING CENTERS, INC., FOR VARIOUS USER DEPARTMENTS AND AGENCIES, ON AN AS -NEEDED CONTRACT BASIS UTILIZING EXISTING UNITED STATES GENERAL SERVICES ADMINISTRATION ("GSA") CONTRACT NO. GS-35F-0140J, EFFECTIVE THROUGH DECEMBER 10, 2008, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY GSA, IN AN AMOUNT NOT TO EXCEED $ 120,000; ALLOCATING FUNDS FROM THE OPERATING BUDGETS OF VARIOUS AGENCIES AND USER DEPARTMENTS FOR THE CURRENT FISCAL YEAR, WITH FUNDING FOR FUTURE FISCAL YEARS SUBJECT ONLY TO BUDGETARY APPROVAL. 04-01228-cover memo.pdf 04-01228-federal supply service.pdf 04-01228-webpages.pdf 04-01228-award.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0729 CA.13 04-01229 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE City of Miami Page 13 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 PURCHASE OF FORTY (40) PORTABLE AND MOBILE RADIOS AND ACCESSORIES FROM MOTOROLA, INC., FOR THE DEPARTMENT OF FIRE -RESCUE, UTILIZING PALM BEACH COUNTY CONTRACT NO. 02C-6CR, EFFECTIVE THROUGH OCTOBER 17, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY PALM BEACH COUNTY, IN AN AMOUNT NOT TO EXCEED $56,244; ALLOCATING FUNDS FROM THE URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM II, PROJECT NO. 110111, ACCOUNT CODE NO. 280910.6.840. 04-01229-worksheet.pdf 04-01229-budgetary impact.pdf 04-01229-motorola. pdf 04-01229-contract .pdf 04-01229-letter of agreement.pdf 04-01229-invitation to bid.pdf 04-01229-florida statutes.pdf 04-01229-communications plan.pdf 04-01229-award.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0730 CA.14 04-01124 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA. 04-01124-exh i b it. pdf 04-01124-cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0731 CA.15 04-01247 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY EDUARDO BADELL, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $70,000 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 EDUARDO BADELL V. CITY OF MIAMI, ET AL., IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 04- 21908-CIV-HUCK, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND City of Miami Page 14 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 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. 04-01247-cover memo.pdf 04-01247-memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0732 CA.16 04-01248 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY RUBEN ORTIZ, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $490,000 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 RUBEN ORTIZ V. CITY OF MIAMI, ET AL., IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 00-3533-CIV-GOLD, 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. 04-01248-cover memo.pdf 04-01248-memo. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0733 Adopted the Consent Agenda Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.17 04-01258 DISCUSSION ITEM ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 04-01258-cover page.pdf 04-01258-board actions.pdf DEFERRED Item CA. 17 was deferred to the Commission Meeting currently scheduled for January 13, 2005 as a regular item; further requesting that a representative of the Civil Service Board be present to respond to questions by the Commission. END OF CONSENT AGENDA City of Miami Page 15 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman Sanchez: Moving on to consent agenda, we have what I consider to be a voluminous agenda. Jorge L. Fernandez: (City Attorney): Mr. Chairman. Commissioner Allen: Mr. Chairman. Chairman Sanchez: Yes. Mr. Fernandez: This action that you have taken is fine for the record, but we need, again, at the time at which it was advertised, which it was at 2:30 this afternoon. You, again, need to take this item and, at that time -- because that's when it first could have been heard -- then repeat the same motion that you made so that it would be perfectly carried on the record. Chairman Sanchez: Madam Clerk, the item has been deferred to the January meeting, at the same time as advertised for this meeting, which is 2:30. Mr. Fernandez: 2:30, correct. Chairman Sanchez: So stating that on the record -- I mean, we've met our -- Commissioner Winton: But he's saying we need to take the action again today at 2:30. Mr. Fernandez: Yes, you need to take the action again today. Commissioner Winton: We have to continue again at 2:30, that's what he's saying. Chairman Sanchez: OK. All right. Consent agenda. Vice Chairman Gonzalez: Move the consent agenda. Chairman Sanchez: There's a motion on the consent agenda. Is there a second? Commissioner Winton: I would like to -- Chairman Sanchez: We need a second for the purpose of discussion on the consent agenda. Commissioner Winton: Second. Commissioner Allen: Second Chairman Sanchez: There's a second on the record It is open for discussion. Commissioner Winton, you're recognized Commissioner Winton: CA.10 -- I think at the -- I'd like to bring CA.10 back this afternoon, because 1'd like to talk to somebody from staff about this. Chairman Sanchez: All right, so CA.10 has been tabled till this afternoon, so therefore, all the items, except CA.10, will be approved based on this motion and a second. It is still open for discussion. Any further discussion? If not, let me just state something for the record, Mr. Manager. After reviewing the entire agenda, and basically looking at the consent agenda, I have some concern. You know, 1 honestly think we're about to enter some slippery slope with some of these items, not only on the consent agenda, but also on the regular agenda, and 1 believe that this concern has been expressed not only by me, but a lot of my colleagues here in the past, that a lot of these things are coming to us half-baked. Some of these items are coming before us City of Miami Page 16 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 without a contract, you know, and when you inquire as to where you're at, they're about 85 percent to getting done, but it leaves me a great concern because that's not in the best practice for this City. You know, they use magic language, such as terms and conditions, either based on an emergency item, a pocket item, or a sole source item, but the item that's are coming in front of us are not fully, fully cooked, and it's concerning me because there's two items here today that are of the tune of $8, 000, 000, and those are the IT (Information Technology) items. Those items that will be coming in front of us for a vote have not fully been negotiated, and they -- well, let me finish and then you could say -- they have not fully been negotiated, and it's my understanding that the contract is not even completed yet, so I'll defer now to you. Joe Arriola (City Manager): OK, and Jorge will take care of the legal side. What happened is, the -- we went through the whole process and the people came in, and we awarded the contract because their pricing was what you had given me authority for. Despite that, despite -- what we're doing right now, is trying to lower the price even more, so as we go on and we want to get this -- all the -- everything worked, especially in IT, we are negotiating to lower the price even more. The moment you approve a price and you want to stick to the price, there is money that 1 think the City will be leaving on the table. At the same time, if I were just to get this whole thing without a contract approval, I am not sure that I'll be able to deal with the vendor with a big stick, so the whole objective -- the whole point is, you approve, I think original budget was 7,000 ,000 -- Peter Korinis (Chief Information Officer): 7, 000, 000. Mr. Arriola: -- $7, 000, 000. We got it in for 6 -- it's -- Mr. Korinis: It's almost 7. Mr. Arriola: -- almost 7, and we're trying to bring it down so more, so we could have approve approved it at what you gave me permission for, but I still think that there is dollars on the table that we could gain, so it's not a -- you know, it really is in the best interest of this City for me to have the authority to keep bringing this pricing down, because the original -- so you understand, the original bidding was $10, 000, 000; we're down to 7, and 1 think we could pick up a few hundred thousand dollars more. Chairman Sanchez: Well, based on that explanation -- I mean, you answered a lot of my questions, but here's one thing that continues to concern me. We are -- this legislative body is approving contracts -- well, we're approving items that are not filly cooked. In other words, they're coming here -- and if it's in the case that you're saying that we're negotiating for a better price, for better terms, that's perfectly fine, but in overall, it is certainly not in best practice for us to be -- maybe, you know -- maybe it's the fault of we're rushing things or we're trying to get things done quickly, and maybe the infrastructure isn't there, but it's just a great concern. Because you've noticed, and I think everyone here on this Commission has noticed that when things don't go right, the fingers are pointed at us and at you. Mr. Arriola: I understand. Chairman Sanchez: So I just want to make sure that we do everything we can to make sure that when items are like this that are coming in front of us are fully negotiated so we know all the terms and conditions as to when we vote on it, because you know, what's to say that today we vote on something and things go bad, and three or four years from now -- Mr. Arriola: Commissioner, this whole thing, not only has been fully negotiated and has gone through an FP [sic] process; people won the bids, et cetera, et cetera, et cetera, so what we basically bid -- after you approved and this -- after these people were -- been the lowest bidder -- City of Miami Page 17 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 in other words, we can give them the contract there. What I'm saying to you, just because they were the lower bidder, just because I'm going to award them the contract, I still want to beat up on them some more. They're not going to get any more money. They're going to get less money than what you approved. That's the whole -- and especially when you're dealing with IT items, there's a lot of things that we could end up doing. We might -- it might be $7, 000,000 same thing, but we might be able to pick up a couple of pieces of software that could integrate some systems, so it's just a matter -- it's not that it's incomplete. It's just that we're really pushing the envelope a little bit more, especially on this items, sir. Commissioner Allen: Yeah. Mr. Chairman. Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: Yeah. I'm just curious, a point of interest. Have the warranties been fully negotiated, by any chance? Mr. Arriola: Oh, yes, sir. Commissioner Allen: OK. That's what -- Mr. Arriola: Yes. Chairman Sanchez: All right. Any further discussion on this? Look it's just not these two items. I think that all the items -- Mr. Arriola: Well, that's fine. Chairman Sanchez: OK. I'm not focused -- Mr. Arriola: I'm -- you addressed these two items. Chairman Sanchez: -- on these two items. These are two items that are $8, 000, 000. Mr. Arriola: Yes. Chairman Sanchez: There are other items on this consent agenda that aren't nowhere near the millions -- Mr. Arriola: Yes. Chairman Sanchez: -- but still, it just an overall best practice. Mr. Arriola: I understand Chairman Sanchez: OK. Any other discussion on the consent agenda? Hearing none, I think I've taken enough of your time. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, say "nay." Motion carries unanimously. City of Miami Page 18 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 04-01281 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "DR. MARTIN LUTHER KING JR. RECLAIM THE DREAM INITIATIVE" ("FUND"); ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $50,000, FROM THE SPECIAL REVENUE FUND ENTITLED "POVERTY INITIATIVE;" DIRECTING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO ESTABLISH SAID FUND FOR THE REVENUE AND EXPENDITURE INDEX AS A COST CENTER ENTITLED: "DR. MARTIN LUTHER KING JR. COMMERCIAL FAQADE PROJECT" COMMENCING IN FISCAL YEAR 2004-2005, FOR SAID PROJECT. 04-01281-cover memo.pdf Motion by Commissioner Winton, seconded by Commissioner Alien, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0734 Chairman Sanchez: We move on to RE -- M.1, I believe. Mayor's item. Mayor, you're recognized. Always a pleasure to have you here, sir. Mayor Manuel A. Diaz: Thank you, Mr. Chairman, and Commissioners. You have three items in front of you. The first one is the MLK (Martin Luther King) Boulevard, Reclaim the Dream Commercial Facade Program, which is something that, if you all remember, we initiated a couple of years ago. The simple goal, if you will, is to make MLK Boulevard a boulevard that we can all be proud of. Most -- as you all know, most MLK Boulevards around the country have really become boulevards of broken dreams, and in the City of Miami, we want to create the model MLK Boulevard for the rest of the country to follow. June of this year, this Commission approved a resolution authorizing the City to undertake the Facade Program and approve 250, 000 for this initiative. The County has matched our 250, 000, so we have a total of 500, 000. The 50,000 that I'm asking you to approve today is available from my Poverty Initiative Fund balance, and it is going to be used primarily for those owners on the boulevard that cannot meet the gap of -- from the required facade program. This is something that Commissioner Allen and I are going to work very closely together. This is really just one aspect of many other dierent programs that we have to rebuild, revitalize MLK Boulevard and the entire Model City/Liberty City neighborhood, and I would ask for your approval. Commissioner Allen: Yes. And Mr. -- Chairman Sanchez: Commissioner Allen. Commissioner Allen: Yeah, Mr. Chairman, if 1 just may -- I'd like to thank the Mayor for taking a special interest in my district. I think we clearly share the same vision, although I'd like to use a better euphemistic term, by calling my initiative a prosperity initiative, as opposed to a poverty initiative, so we're all on the same page, nonetheless, but -- City of Miami Page 19 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman Sanchez: As amended. Commissioner Allen: Yes, of course, because we all share the same vision, as I said earlier, the fact that a rising tide raise -- rises all boats, so I think, to that end, I think what you're doing is a terrific job, and I just want to thank you, Mr. Mayor. Mayor Diaz: Thank you, Commissioner. Chairman Sanchez: OK. Is there a motion? Commissioner Winton: So moved. Commissioner Allen: So moved. Chairman Sanchez: There's a motion by -- Commissioner Regalado: Second. Chairman Sanchez: -- Commissioner Winton, second by Commissioner Allen. It is open for discussion. Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. I just have one question for the administration: Are they still going out there trying to seek the other $250, 000 for the other community? Is anyone from the administration --1 believe at the last -- Keith, can you answer that question? Keith Carswell (Director, Economic Development): Keith Carswell, Department of Economic -- Chairman Sanchez: It was $500, 000; $250, 000 to the -- Mr. Carswell: 250 for Southwest 8th Street. Chairman Sanchez: Yeah. Mr. Carswell: We are trying to work with -- we are working with the County to secure those funding. Chairman Sanchez: That's all I wanted to hear. Mr. Carswell: OK. Chairman Sanchez: Thank you so much. Commissioner Allen: Good. M.2 04-01205 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "MIAMI'S LEARNING ZONE GRANT AWARD" FOR FUNDING THE 21 ST CENTURY COMMUNITY LEARNING CENTER PROGRAM AT HOLMES ELEMENTARY SCHOOL, LOCATED AT 1175 NORTHWEST 67TH STREET, MIAMI, FLORIDA; APPROPRIATING FUNDS IN THE AMOUNT OF $38,750, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY City of Miami Page 20 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENT(S), TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 04-01205-leg islatio n. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0735 Chairman Sanchez: All right. M.2, Mr. Mayor. Mayor Manuel A. Diaz: The second item is the acceptance of a 21st Century Community Learning Center Program grant. As you know, we've taken a very active role in education in our schools. We particularly targeted Holmes Elementary last year, and this is a grant that will establish a new special revenue fund entitled Miami's Learning Zone. Students will participate in exceptional student education programs, with learning disabilities; would be provided one -on -one tutoring. There's arts and music education, visual, drama and dance, tutoring and mentoring services to increase student reading skills and literacy levels; recreational activities, and family literacy and parental involvement programs that also address the needs of students' families, as you saw today in the paper with the School Board approving a similar type program, and I ask for approval -- that you approve the receipt of these funds from this grant. Chairman Sanchez: All right. Vice Chairman Gonzalez: Move M.2. Chairman Sanchez: There is a motion by Vice Chairman Gonzalez, and second -- Commissioner Winton: Second. Chairman Sanchez: -- by -- Commissioner Winton: Second. Commissioner Regalado: Second. Commissioner Allen: Second. Chairman Sanchez: -- Regalado. It is open for discussion. Commissioner Allen: Just a quick comment, Mr. Chairman. Chairman Sanchez: Discussion. Commissioner Allen, you're recognized. Commissioner Allen: Again, I want to thank you, Mr. Mayor, for adopting this particular school . As you very well know, it's in my district. You've done a terrific job thus far, for those who may not know, and you have not given up on the school, notwithstanding its status as an "F" school, but I think, eventually, you will see a turnaround, so your efforts will come to fruition. Mayor Diaz: Thank you. Commissioner Allen: Just want to thank you again. City of Miami Page 21 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman Sanchez: All right. It was second by Commissioner Regalado. It was open for discussion. Any further discussion on the item? It's a resolution. Hearing none, all in favor, say aye. The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. M.3 03-0301 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO ESTABLISH AN ENDOWMENT FUND WITH DADE COMMUNITY FOUNDATION, INC., FOR THE DONATION OF FUNDS FOR A HEART OF OUR PARKS ENDOWMENT FUND, TO BENEFIT CHARITABLE PROGRAMS, ACTIVITIES AND SERVICES TO THE CITY'S PARKS, UNDER THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT; DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO TRANSFER FUNDS THAT THE CITY HAS ALREADY COLLECTED TOWARDS THE ENDOWMENT OF THE FUND. 03-0301-cover memo.pdf 03-0301-exhibitl .pdf 03-0301-exhibitl A. pdf 03-0301-exhibitl B.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0737 Chairman Sanchez: We move on to your --1 believe your final item, which is M3. Mayor Manuel A. Diaz: And my final item is the Heart of Our Parks Trust Fund. I would start by saying that I'm joined here by the Parks Director, and we have a very, very special guest and that is Ruth Shack, who many of you know, has been a pillar in this community for years and years and years, and she's joined by Joe Pena, from the Dade Community Foundation. This is something that, if I can jog your memories, we did as part of our '02/'03 budget, and that was to create an endowment fund We set a goal of raising $2, 500, 000 over five -- over a five-year period, so that our Parks and Recreation Department would have an endowment -- a perpetual endowment for the purpose of supporting after -school and summer programs, which I know is something that all of you have worked real hard to encourage. In this budget year, you know, we put an extra $2, 000, 000 into our Parks budget, and we've been working with -- as I said, working with department -- the Parks Department and the Dade County -- Dade Community Foundation to create this endowment. We now have approximately 900 -- not approximately -- $ 923,919.22 to create this endowment. The endowment will serve as a vehicle that the City can utilize; also to solicit contributions and donations from individuals, corporations, and foundations because one of the challenges that we have is that we have a great corporate community out there that 1 am very confident we can raise substantial dollars for this kind of programming, but the City is not a 501(c)3. We're not a tax-exempt organization. Working through the foundation, corporations and individuals in the City, will be able to donate -- and my goal will be that, at least for every dollar that we put into this fund, with this initial seed money, we raise a dollar from the corporate community, and it also gives us a great ability to City of Miami Page 22 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 raise money from grants, state grants and federal grants, so I think that this is something that we can build and something that will guarantee in the future that, notwithstanding whatever financial condition may be true 10, 15 years from now, there will always be this fund; that we'll always have the kind of programming that we want for our kids in our parks. Chairman Sanchez: All right. Is there a motion? Vice Chairman Gonzalez: Move M3, Mr. Chairman. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Second -- Commissioner Winton: Second. Chairman Sanchez: Second by Commissioner Winton. It is open for discussion. Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Anyone in opposition, having the same right, say "aye." Motion carries. Mayor Diaz: Thank you, Mr. Chairman. Chairman Sanchez: Thank you. Mayor Diaz: Thank you, Commissioners. Chairman Sanchez: Thank you, Mr. Mayor. DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 04-01257 DISCUSSION ITEM DISCUSSION CONCERNING AN AWARD OF BID FOR FLAGLER STREET PROJECT. 04-01257-email.pdf WITHDRAWN Please refer to minutes under Item # D2.2. D2.2 04-01270 DISCUSSION ITEM DISCUSSION CONCERNING HISTORIC PRESERVATION AND ARCHEOLOGICAL ZONES. 04-01270-email.pdf WITHDRAWN Chairman Sanchez: All right. We move on to the Commissioners' item. Commissioner Gonza lez, you're recognized. Vice Chairman Gonzalez. I have none. City of Miami Page 23 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman Sanchez: You have none. Commissioner Winton, you're recognized for your blue pages. Commissioner Winton: I'm pulling both of mine. Chairman Sanchez: You're pulling both of yours. OK. 1 will defer mine till later. DISTRICT 3 CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 04-01252 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A DONATION OF FUNDS, IN THE AMOUNT OF $1,000, TO THE FLORIDA MEMORIAL COLLEGE SCHOLARSHIP FUND, IN HONOR OF INEZ WILCOX; ALLOCATING $500 FROM THE DISTRICT 4 OFFICE BUDGET NON - DEPARTMENTAL ACCOUNT NO. 001000.920919.6.930, AND $500 FROM DISTRICT 5 OFFICE BUDGET ACCOUNT NO. 001000.210701.6.930. 04-01252-resol ution. pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0736 Chairman Sanchez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I was -- I guess we'll wait one second for someone to come here, but I have other items. I have a resolution authorizing the donation of funds in the amount of $500 to the Florida Memorial College Scholarship fund in honor of Inez Wilcox, allocating said funds from the District 4 office budget, nondepartmental account, and I move that. Chairman Sanchez: There's a motion -- Commissioner Winton: Second. Chairman Sanchez: -- by Commissioner Regalado -- Commissioner Winton: Second. Chairman Sanchez: -- for a donation of $500 out of his budget account -- office account -- Commissioner Regalado: Right. Chairman Sanchez: -- and there's a second by Commissioner Winton. Open for discussion. Commissioner Allen: Yes. Mr. Chairman, I likewise would like to make a contribution of $500 City of Miami Page 24 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 from my discretionary fund to augment what Commissioner Regalado's already tendered. Chairman Sanchez: OK. There is an amendment to the original motion to add $500 from the Commissioner Allen's District 5 budget account, so it's a total of $1, 000. Commissioner Allen: Yes. Chairman Sanchez: Any other amendments? Hearing none, no further discussion, all in favor, say "nay." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "aye." Motion carries unanimously. Ma'am, you're recognized. Please state your name for the record. Inez Wilcox: I'm Inez Wilcox. Chairman Sanchez:: Yes. Ms. Wilcox: And I've just come forward to thank Commissioner Regalado and Commissioner Allen for what they have done for the college this morning. Thank you very much. We're having our donation day on next Tuesday, and I hope to be able to take the donation in behalf of the City Commission. Thank you so much. Chairman Sanchez: Thank you so much, ma'am. Commissioner Regalado: And I know that you have had some shortage of funds, and what you do is extraordinary, and every year we try to do something, .but I guess you have more needs every year. Ms. Wilcox: Yes, we do, but thank you for what you're doing. We really appreciate it. Chairman Sanchez: Thank you, ma'am. Commissioner Allen: Thank you. D4.2 04-01251 DISCUSSION ITEM DISCUSSION ABOUT THE MIAMI RESIDENT VEHICLE STORAGE PROGRAM. 04-01251-cover memo.pdf 04-01251-parking plan.pdf MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Allen, and was passed unanimously, with Vice Chairman Gonzalez and Commissioner Winton absent, to approve the Miami Parking Authority's program to allow City residents to park their second vehicles in City garages during emergencies; further directing the Administration to have application forms for the "Miami Resident Vehicle Storage Program" available at every Neighborhood Enhancement Team (NET) office and on the City's website. Commissioner Regalado: The last thing that I have is -- it will be brief -- recently -- Chairman Sanchez: It's one of your items? Commissioner Regalado: Yeah. City of Miami Page 25 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman Sanchez: OK. Commissioner Regalado: It's the last item. Miami Resident Vehicle Storage Program. Chairman Sanchez: Oh, yes, D4.2. Commissioner Regalado: D4.2 is -- remember that during the hurricane season, the City Commission directed the administration and asked Miami Parking Authority to work on a plan to have the City garage used for storage of vehicles during the hurricane season, whenever there is an emergency. Well, Art Noriega has already designed that program. It's called the MVP program, and it will start officially on the first day of June of 2005, with the new hurricane season, and the -- what I'm asking the City Commission is just to hear Art on the plan, which you may know about already, but also to direct the administration to have all these forms at the NET (Neighborhood Enhancement Team) Office and at the City's web page, so -- and remember, this is only for City of Miami residents. Chairman Sanchez: There's a motion directing the administration to have the application for this program available at all NET Office and City offices? Commissioner Regalado: City offices and the City web page. Chairman Sanchez.' And the City web page. There's a motion. Is there a second? Commissioner Allen: Second. Chairman Sanchez: There's a second by Commissioner Allen. Commissioner Allen: I'm sorry. Second. Chairman Sanchez: Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Art, just -- Commissioner Regalado: Art. Chairman Sanchez: -- briefly state what the program is all about. Art Noriega: Briefly, it's -- Art Noriega, Executive Director, Miami Parking Authority. To be brief the program will, again, as Commissioner Regalado stated, will actually be in place as of June 1st -- immediately after the first of the year, in January, we'll actually roll out the application and registration process. Residents in the City of Miami will be -- or be made available to them the opportunity to register their second vehicle because their primary vehicle, they'll need for mobility, obviously, during any storm. That second vehicle will be registered; they'll be issued a decal, which they'll be able to use once we enter hurricane warning -- hurricane watch situation. They'll be able to come to any of our facilities. They'll be assigned a facility at registration, so they'll know exactly which facility to go to. First come/first serve basis . They'll be able to park their vehicle there, and then once the facility opens back up again, they'll be able to remove it. It's very straightforward. They'll be able to register on our website, as well as we'll make -- we'll have a link available on the City website. We'll also being doing some PSAs (Public Service Announcements) to the Communications Department, so we'll do a lot of outreach, beginning in January, and make it available to everyone, any of the residents. City of Miami Page 26 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman Sanchez: Thank you so much. All right. Commissioner Regalado: Thank you, Art. D4.3 04-01261 DISCUSSION ITEM DISCUSSION ABOUT IMPLEMENTING MEASURES TO NOTIFY REAL ESTATE COMPANIES ABOUT PROPERTIES WITH ACTIVE CODE ENFORCEMENT CASES. 04-01261-cover memo.pdf 04-01261-memo.pdf 04-01261-property information.pdf DISCUSSED Direction to the Administration by Commissioner Regalado to "red, flag" those houses that are aggressive violators of the Code and have code enforcement inspectors check said houses to see if those houses are for sale; further requesting that a letter be sent to the realtors of those houses letting them know that there is an open code enforcement case against the home. Direction to the Administration by Commissioner Gonzalez to contact the City of Hialeah, which has an ordinance that states that if a homeowner wishes to sell his or her home, they must first get a certificate of compliance stating that there are no violations on the property, and formulate similar legislation for this Commission to adopt. Note for the Record: Commissioner Winton suggested that a Code Enforcement Task force should be formed for the purpose of foreclosing on illegal properties, which ignore the Code and allow fines to accumulate. Direction to the City Manager and the City Clerk by Chairman Sanchez to work with the Administration to post code enforcement violations for properties citywide on the Web; further to do a one-time mailout to all the realtors and realtors' associations as to the City's process; further requesting the City Clerk to research the proposed ordinance regarding inspection of properties for sale that have illegal units, which was discussed by the Commission about a year and a half ago. [Note: The Clerk provided a copy of ordinance requested to members of the Commission on 11-23-04.] Chairman Sanchez: Commissioner Regalado, you're recognized for your -- Commissioner Regalado: Thank you, Mr. Chairman. On one of the items, D4.3, it's something that is going on throughout the City, but it is something that has become a crisis in the area, especially in the area of Shenandoah. The other day, I saw a "For Sale" sign on one home in the Shenandoah area, 11 th Street, and I -- we pulled the advertising from the web page and we saw that this house has many violations. However, this house -- and, Johnny, you understand this real estate thing -- this house has been sold for 498, 000, but it's been advertised as an investment, and 1 called the realtor, and 1 said to her, well, you know, what would be my mortgage, and she said, "$2,200 per month," and I said, "Well, that's a lot," and said, no, because you have nine separate rooms, with six bathrooms that you can rent, and it will give you an estimated income of $4,000, so you'll be making $2,000 every month just by buying those houses because as it is, the house now is occupied by nine different tenants, and this is zoned residential. It's on Southwest I1 th Street. Commissioner Winton: Is it R-1? Commissioner Regalado: R-I, and it has -- it's been advertised a bed, 5.5 bathroom; 2,000 square feet, and so the residents of Shenandoah met with me and some code enforcement, and we City of Miami Page 27 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 come up with the idea of having a red flag on those houses, at least in the Shenandoah area, that have Code violation, and check those houses to see if they are for sale. We have found three with -- one with seven rooms, six illegal units, and this one with eight illegal units, and they are being sold, and what my proposal is to notes the realtor that this house is under a Code violation because the realtor has to disclose that information to the potential buyer. If not, the Department of Regulatory License will take away the license, and this realtor knew that the house had illegal units, but she didn't know that the house was under a Code Enforcement case, so my request to the administration is to red flag those houses that are in -- as aggressive violators of the code enforcement, and especially illegal units, and have the inspector in the area check to see whether those houses are for sale, then we can notes the realtor. Chairman Sanchez: Commissioner Regalado. 1 mean -- I'm sorry. Commissioner Gonzalez. Vice Chairman Gonzalez: Yeah. Chairman Sanchez: Then Commissioner Allen. Vice Chairman Gonzalez: This is a problem that has been existing in the City of Miami for a long, long time, and that is -- it's a problem that I have addressed to the City Manager and to the Code Enforcement Director, and 1 have said that we are failing to prioritize what we're doing out there, and this something that needs to be a priority. Exactly the same case that Commissioner Regalado has in his district, 1 had it a block away from my house. This gentleman was selling his property as an income property; it's an R-I zoning; the guy had the house, plus four illegal apartments, and it was being advertised as an income property in the neighborhood. Whoever is buying the property, if the person doesn't have the knowledge, they will buy that property thinking that they are totally legal, and, in fact, they're not. That -- if the City ever discovers this violation, then the new owner will be in trouble, because they will assume a large mortgage, counting on an income that they won't have, OK, but in addition to that, if the City never picks up on it, we will continue to have, in this case, four illegal units on a residential area, and this is something that should be one of the code enforcement priorities. Instead of -- Commissioner Winton: Absolutely. Vice Chairman Gonzalez: -- and 1 have said it many times. I have told him -- and I'm going to say it here now -- I have --1 don't know how many meetings with the Code Enforcement Director . Instead of being out there looking for the little canvas on driveway or looking at if the -- if a tree is two inches higher than what it should be, instead of looking at those type of violations, we need to be addressing these violations, which are really, are really bad for the quality of life of our neighborhoods. I'm going to give you a perfect example. Last Thursday, I went out with the Quality of Life Task Force. We went into an alleged coffee shop around 12 midnight. When we went into the place, we discovered a full-blown bar. There were 12 ladies working; there were about 25 guys, but that's not the worst. We look upstairs and we saw some lights on the windows and we took the side of the building, went up the stairs and we found eight rooms being used for prostitution. In addition to that -- and you want to talk about Code Enforcement -- these people, they didn't had any breakers on the panel box. What they had were wires exposed, and extension cords tied to those wires going to the different rooms, and air conditioner units, and TVs ( televisions), and the whole nine yards were connected to those extension cords. Well, 1 was told -- and I don't know if it's true or not. I'm trying to find out -- but I was told that an inspector had been there a week or two weeks before, and nothing was done about condemning this building, OK. Once I was there, I asked -- I had to ask the Fire Department that was with us, the Fire Marshal, to please shut the place down right then and there, because if we never saw it, we have no liability, but if we see it -- Commissioner Winton: Absolutely. City of Miami Page 18 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Vice Chairman Gonzalez: -- and we leave the place, and two hours later, there is a fire and someone gets killed, guess who's liable? The City of Miami. The police was there, Code Enforcement was there, the Fire Department was there, Building was there, and a City Commissioner was there, and we saw it and we never do anything about it. Well, let me tell you. It was quite a task to get our inspectors to do the right thing and to make this right decision to call Florida -- to call FPL (Florida Power & Light) and have the electricity disconnected in this place, and this is happening throughout the entire City of Miami, and that's why I tell the Code Enforcement Director that these are priorities that we have to address, instead of addressing other minor things that are not life safety issues. Thank you. Chairman Sanchez: Commissioner Allen. Commissioner Allen: Yes, Mr. Chairman. I just want to say, I see the merits and Commissioner Regalado's contention here, as well as I share the passion of Commissioner Gonzalez, as well. I guess my question is both legal and also for the administration. Does this create an additional, for lack of a better description, an additional layer of bureaucracy, if you will, to fully execute this? And then secondly, from a legal perspective, can we do this, period? Jorge L. Fernandez (City Attorney): Yeah. If I may, Mr. Manager, Mr. Chairman, Commissioners. Listening to your discussion, 1 have just been briefed by my attorneys that several months ago, over a year and a half ago or so, an item addressing these concerns came in front of this Commission, and the Commission did not pass it, so taking it from there, the ultimate answer to the question you've asked is, yes. Commissioner Regalado: No. Excuse me. It wasn't that. It wasn't that. The item that came before the Commission was a mandatory inspection -- Mr. Fernandez: Correct. Commissioner Winton: Right. Commissioner Regalado: -- before you sell the house. Mr. Fernandez: Right. Commissioner Winton: Which isn't -- Commissioner Regalado: What I'm -- which is totally d fferent than this. What I'm proposing is that the houses consider aggressive violators will be red flagged, and the inspector get their assignments, and the inspector have this few addresses, because there are not that many -- at least, in Shenandoah, that I know, are six or seven with more than five units. This red flag, if an inspector sees when she or he passes throughout the street, that the house is for sale, the only thing I'm requesting is that they send a letter to the realtor saying that there is an open case of Code Enforcement, because that way, the realtor have to disclose to the potential buyer he or she is buying a headache, and if that realtor does not disclose that information, the business -- the regulatory business board of Tallahassee can pull the license of that realtor. It's totally different Mr. Fernandez: Yeah. Commissioner Regalado: -- to the one that we did not hear several months ago. Commissioner Allen: So -- if I may, so Mr. Attorney, so can we put anything punitive or can we do that -- City of Miami Page 29 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Mr. Fernandez: Well, 1 was starting way, wait -- at the most extreme end, which is the ordinance that you considered and rejected, still addressing the same concern, and now backing off from that and coming to the middle ground that Commissioner Regalado is suggesting, I would need to really thoroughly look at that, because the manner of enforcement -- the City Commission has two ways of acting: Either you act by resolution or by ordinance. If you choose to give policy directive to either your Manager or to your City Attorney, that we look at how to implement a policy direction that this Commission wants to go into, we can certainly do that, but just at first blush, hearing about this, I will be concerned that there would be selective enforcement, because our Code Enforcement officials do not have any provisions of the Code to go by that would give them guidance as to how they need to proceed in enforcing this loosely stated policy direction that you have just enunciated, so what I'm trying to say is that you cannot have code enforcement that only applies geographically only to Shenandoah. This -- if the Commission goes in this direction, whatever your wishes are, our legal can be enforced and need to be put in writing so that every single Code Enforcement officer reading the codes that they are enforcing would not have any questions as to how selectively, which ones, when, where, or to what extent they need to do what, and so, my concern is not with the ultimate legality of what you're trying to do because I think it's appropriate and correct; it is the method in which the Manager would have to instruct his Code Enforcement officials to enforce the Code. They can only enforce the Code. They -- and -- which implies that it has to be in writing somewhere for them to enforce. Mere directives of a policy nature by this Commission do not rise to the level of enforceability, and so what you're talking about is issuing a letter to a realtor that would have the force and effect of bringing some sort of compliance either by that realtor, or by the seller, or by someone. It is still a method -- and so, 1 don't want to, you know, belabor the point. All that I'm saying is that, yes, it's doable and it can be done, but we would need --1 would need to look at ways in which to implement it to make it -- Vice Chairman Gonzalez: OK. If you allow me, the proponent of the ordinance addressing properties for sale that had illegal units, or mechanism to check the properties for sale, the proponent of that resolution was myself, OK, and was based on a resolution -- on an ordinance of Hialeah -- of the City of Hialeah. Well, the City of Hialeah requires that if you're going to sell your house, you have to go and get a certificate of compliance on violations on the property, and that protects the investor. The new -- the person that is buying this property -- Mr. Fernandez: Correct. Vice Chairman Gonzalez: -- knows that he's buying a property that is within Code; that doesn't have any violations; that doesn't have any problems in the future, and at the same time, it address the problem of illegal units. Mr. Fernandez: Correct. Vice Chairman Gonzalez.: Based on that -- because I own properties in Hialeah -- based on that, is that I propose that for the City Commission to adopt a resolution, and if I remember correctly, it was adopted. 1 don't know. 1 might be mistaken, but I know that it was discussed -- Chairman Sanchez: Discussed but not adopted. Vice Chairman Gonzalez I don't know what happened with it. It's like many things in this City that, you know, you talk about something in the City Commission; you leave it to one department to take action on it or to come back with an ordinance or with a resolution, and you forget, because every meeting, you have three books, 300 items to take care of so next month you have new 300 items and you forget about your last 300, OK, and that's an advantage that administration has over us, OK. They have all the time in the world. They -- you know, they can play around with the items. They can play around with agendas. We cannot do that. We can't afford to do that, but that ordinance was proposed by me almost two years ago. I never heard City of Miami Page 30 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 about it, to be honest with you. I forgot I know that the problem is out there. It exists. The same problem that Commissioner Regalado is talking about, I have three blocks away from my house, there is a property that has 18 bedrooms and 17 bathrooms, and it's been like that for seven years, and we have been addressing it as citizens of the City of Miami for seven years, and as a Commissioner, for three years. Nothing has happened. You know what? There is a "For Sale" sign there. Maybe we call and the guy will tell you that it is an income property that can produce you $7,000 a month and you can live free. Maybe it's the same case. Chairman Sanchez: Commissioner Winton. Mr. Fernandez: Commissioner -- Vice Chairman Gonzalez: But that should not be my job as Commissioner -- Mr. Fernandez: No. Vice Chairman Gonzalez: -- to be calling realtors and to be finding out, you know, what property is all about, how much are they selling for, and if they are income properties or not. Chairman Sanchez: OK. Commissioner Winton, and then the City Manager, please. Joe Arriola (City Manager): I just want to give him a clarification with that. Chairman Sanchez: You want to respond to him, Mr. City Manager? Mr. Arriola: Yeah. Just -- Chairman Sanchez: OK. You're recognized. Mr. Arriola: -- one second Yeah. You know, we worked on that for quite a while, when we were going to bring to Hialeah, and if you recall -- I want to refresh your mind and you're going to recall this moment -- we were upstairs going through this with Alex, and Alex was -- had all kinds of questions, whether we could enforce the Hialeah back and forward, and he was supposed to come back to us -- Vice Chairman Gonzalez: And he never -- Mr. Arriola: -- with a resolution, and to this day, we haven't seen it. Now, obviously, it's not Jorge's fault because he came -- but if you recall, that was something that we had -- about a year ago, as a matter of fact -- we had brought it up right around the Thanksgiving holiday, and it just kind of went away. Vice Chairman Gonzalez: I'm not saying that it's his fault. Mr. Arriola: No, 1 know that. Vice Chairman Gonzalez: All I'm saying is -- Mr. Arriola: I know that. Vice Chairman Gonzalez: -- that he's talking about the legal aspect. Mr. Arriola: Yeah, 1 know. Vice Chairman Gonzalez: I'm not an attorney. Commissioner Allen is, and he is an attorney. City of Miami Page 31 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 I'm not an attorney, you know. 1 don't understand the -- Mr. Arriola: Yeah, yeah. Vice Chairman Gonzalez: -- the blah, blah, blah about law and all that. I don't understand any of that. All 1 said was that there was an ordinance -- Mr. Arriola: Yes. Vice Chairman Gonzalez: -- proposed here; we were supposed to get back to get feedback from the Law Department in order to take care of the situation, and nothing happens. Mr. Arriola: Let me tell you. You know, all this information for the real estate folks to say, they don't have (UNINTELLIGIBLE), all this information is more than available. The hearing boards have it. You know, the whole thing. Since 1 read what Commissioner Regalado wanted to do, I spoke to Peter Korinis and all that information that the board has we could transfer to a PDF ( Portable Document Format) file and put it in our web for people to get it. Now, you have to understand, the -- 99 percent of the real estate guys know exactly, exactly that that property is absolutely illegal. It comes up in the title search. As it comes up, whatever -- and they still go ahead and sell it. Now, 1 don't know -- you know, I would have to look at legal -- I don't know what we can do. Vice Chairman Gonzalez: We can do exactly what the City of Hialeah is doing. Mr. Arriola: Well, that's fine, and that's great. Vice Chairman Gonzalez. I mean, you know, we're not going to be discovering the wheel here. The wheel -- Mr. Arriola: No, I understand. Vice Chairman Gonzalez: -- has been discovered by the Mayor of Hialeah, Raul Martinez, I don't know, maybe ten years ago. Mr. Arriola: He did have -- Vice Chairman Gonzalez: If we don't know how to go about it, all we have to do is pick up the phone. "Mr. Mayor, could you help me how to write an ordinance for my City? I'm having the same problems that you were having ten years ago." It's that simple. I mean, you know. Mr. Arriola: Commissioner, if that's what you want, I'm sure that we could find it and you could sponsor it, and we'll have it here by -- for you by January. That's great. Chairman Sanchez: All right. Commissioner Winton. Mr. Arriola: If that's what you want me to do. Chairman Sanchez: Commissioner Winton. Commissioner Winton: What strikes me about this conversation is the fact that we have the tools to solve the problem on our books right now, and that's Code Enforcement, and if we enforce the Code vigorously, with all the enforcement tools that we have, including foreclosing some of these properties that don't pay their liens, then we don't have to create a whole new set of rules and regulations and another bureaucracy -- City of Miami Page 32 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Vice Chairman Gonzalez: Exactly. Commissioner Winton: -- and so the real issue seems to me is one of enforcement, and Mr. Manager, I think that some way or another, we have to --1 think both Commissioner Regalado and Commissioner Gonzalez said this -- that particular violation is one of the largest -- other than drug dealing, which we went after very vigorously in a lot of neighborhoods several years ago -- this is the next most onerous violation and destructive violation to a neighborhood, and so I'm not sure I don't understand why we can't put together a Code Enforcement Task Force that does, in fact, set some new priorities, and the priority would be going after all of these really bad illegal units, and literally shutting them down. Mr. Arriola: Commissioner, if you were to come to one of the Code Enforcement hearings here, you'll see a packed room every single time, and (UNINTELLIGIBLE) they're meeting twice a week, so a lot of -- maybe a lot of the issues is we need to sit down with the board and see, you know, what kind of stricter -- Commissioner Winton: Well, see, here's what's going on: These people are violating, they're getting fined;; the fines are stacking up, stacking up, stacking up, and we don't do anything beyond that, and what we really need to start doing is foreclosing these properties -- Mr. Arriola: Well, that's a good -- Commissioner Winton: -- and if you foreclose, I'm guaranteeing you, you foreclose on a half a dozen properties, citywide in the City of Miami, and the word will spread like wildfire -- Vice Chairman Gonzalez: But Johnny -- Commissioner Winton: -- and this issue will get addressed. Vice Chairman Gonzalez: If you allow me. It gets worse than that because they're giving a fine; time goes by; the fines keep growing and growing and growing, as you said. They don't comply for two or three years. One day, when they receive a notice of a lien -- of a proposed lien, then they come to the board -- Commissioner Winton: And get it reduced. Vice Chairman Gonzalez: -- they comply in a week. They have a fine of $150, 000 and 1 have seen the Code Enforcement Board -- and it really upsets me -- I have seen the board ask the person that had violated the Code, how much do you want to pay, sir? Mr. Arriola: That's the truth. Commissioner Winton: So -- Vice Chairman Gonzalez: I never been to a court where I can ask the judge -- where people can ask the judge -- or the judge ask people, "How many days do you want to serve? Do you want to serve any time or you want to go free, or what do you want to do, "you know. That is happening here. That's why, you know, it's a joke. Commissioner Winton: And can't the City Attorney's Office help us with that, relative to the Code Enforcement Board. Mr. Arriola: They're actually helping us, because if you remember, last month you approved something that Jorge had talked and Maria had talked about hiring a firm to start doing all the foreclosing on the property. 1 don't know if you remember that. City of Miami Page 33 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Commissioner Winton: No, I didn't remember it. Commissioner Allen: Right. Mr. Arriola: We brought it up last month, and I don't know what the status of that process, but the whole idea is that we've never done it before, but we do need -- I agree with Commissioner Gonzalez 1,000 percent -- we need to start foreclosing on these properties. Commissioner Winton: Right. Commissioner Allen: Yeah. Let me -- Mr. Arriola: We need to put some -- Commissioner Allen: -- chime in, if I may, Mr. Manager. Mr. Arriola: Yes. Commissioner Allen: This is one specific issue, because I think what Commissioner Regalado and, as well as Commissioner Gonzalez is concerned with, notifying the realtors if the properties are for sale, so we -- currently, do we have a mechanism in place to do that, notwithstanding what's on the books, because I think that'll be the specific question now. Because that's one way we can attack these issues, after these fully mediated Code Enforcement cases. Does that create -- do we have the manpower, the staff, just to simply -- Mr. Arriola: You know, I don't know how many houses -- Commissioner Allen: -- send out notices of outstanding Code Enforcement liens on properties that are for sale? Mr. Arriola: I really don't know how many houses there are, and if, you know -- Commissioner Allen: For sale, the realtors -- Mr. Arriola: The issue is, if they're notified -- if Code Enforcement would be notified -- or they would find on their own what's for sale and what's there, I don't see that we cannot go ahead and notify somebody and say, "Hey, you're selling a house with a problem." I don't think that that's a real problem. The issue is whether it's going to pass with them -- I'm OK with it, OK? The issue is, are we allowed -- but I'm also telling you that what we're going to do is everything that has got -- is -- has violations today will be put on the web so any -- Commissioner Winton.: That's real good. Mr. Arriola: -- realtor -- Commissioner Winton: That's real good. Mr. Arriola: -- will then be able to type an address -- Commissioner Winton: That's real good. Mr. Arriola: -- and find out on their own, but again, you know, it's -- Commissioner Allen: So that's what -- City of Miami Page 34 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Mr. Arriola: -- kind of like self -enforcing in here, but -- Commissioner Winton: But by the way -- Mr. Arriola: -- I'm OK with anything you want to do with this. Commissioner Winton: -- make no mistake about it: The buyers of these properties -- Mr. Arriola: They know. Commissioner Winton: -- they know that they're buying an illegal property. Mr. Arriola: They know. Commissioner Winton: They know this, so it isn't just the realtors; the buyers know what the hell they're doing -- Mr. Arriola: Of course they do. Commissioner Winton: -- and they know they're buying something illegal and they're planning on trying to get away with it. Chairman Sanchez: All right. Commissioner Winton: And, again, enforcement will solve the problem. We've got to nail these people and nail them hard. Chairman Sanchez: And Commissioner Regalado, do you have a directive towards the City Manager? Commissioner Regalado: No. I guess we'll just -- Chairman Sanchez: You can -- Commissioner Regalado: -- wait for the Manager and the attorney, you know, to come up -- Mr. Arriola: But we'll sit down with -- Commissioner Regalado: -- with something more citywide -- Mr. Arriola: We'll sit down with Commissioner Gonzalez, who brought it up originally, and we'll figure something out. Chairman Sanchez: Well -- Commissioner Regalado: But meanwhile, I'm going to write the letter. Commissioner Winton: Absolutely. Mr. Arriola: That's fine. No, no, we'll write it for you, if you want us to. Commissioner Regalado: No, no, no, no. Commissioner Winton: It's all public record. City of Miami Page 35 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Mr. Arriola: That's no problem. Commissioner Regalado: I'll write the letter. Chairman Sanchez: All right. We've had a very healthy debate on this. 1 think the recommendation that the City Manager has made is a step in the right direction as to one, working with IT (Information Technology) to post up the Code Enforcement on these properties citywide. Second, is maybe write a one-time mail out to all the Realtors' Association, including the realtor association as to the process now, and then what 1 will like to add is, Madam Clerk, if you could somehow do some research and come back on that -- Mr. Arriola: Commissioner -- Chairman Sanchez: -- ordinance. Mr. Arriola: -- as a matter of fact, as of yesterday, yesterday, it happened yesterday, the realtor of Greater Miami and Miami Beach created a task force to address this item, so you know, they've been made aware. They know that we're going to come after, and they, themselves, are going to create a task force to help us through an enforcement. Again, nothing is the right answer. I think his idea is the right answer; if we have something in the books that, you know, mandates it. Chairman Sanchez: Well -- and that's -- Mr. Arriola: But we'll work on that. Chairman Sanchez: -- and that's what 1 was going to get to before I was so interrupted. No. Madam Clerk, if you could do some research as to that ordinance that was discussed here, I'd say about a year and a half ago, and it was an ordinance that basically mirrors the Hialeah Ordinance that basically was put forth to protect the consumer, and if you buy the property, before you sell the property, the City has the go out and inspect your property and make sure that you don't have a -- Commissioner Winton: And you just think about the bureaucracy that that creates. Chairman Sanchez: Well, it also generates money for Hialeah, but listen, it's just a step -- let's look at the ordinance. We're not going to debate it any further. Let's look at the ordinance; come back, and then we could debate the ordinance at another day, OK? So that's been the directive that we are giving the City Clerk and -- well, to the City Manager, via City Clerk. Other than that, we'll move on. No, well move on, man. We've not going to -- we've had plenty debate on this. Do you -- Alfredo Gonzalez: No. It's a positive debate. Chairman Sanchez: Huh? Mr. Gonzalez: It's something very positive. Chairman Sanchez: You're -- on this item? You want to address this item? Mr. Gonzalez: My name is Alfredo Gonzalez. I'm an attorney with Adorno & Yoss. I happen to represent the three Board of Realtors Organizations in Dade County. Chairman Sanchez: OK. City of Miami Page 36 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Mr. Gonzalez: And I just wanted to say that we will -- we're happy to be part of the discussion; would like to be consulted on it because it affects our business. We are working on putting such items in our website, and we'll work with staff to make that happen. We just want to be notified We actually support Commissioner Winton's approach of stronger enforcement, rather than more bureaucracy in the sell of property, but we will work with you in whatever form you want to approach. Chairman Sanchez: OK. Thank you so much. D4.4 04-01263 DISCUSSION ITEM MR. BEN BURTON, EXECUTIVE DIRECTOR OF THE MIAMI COALITION FOR THE HOMELESS INC., TO ADDRESS THE COMMISSION CONCERNING THE FEEDING AND SERVICE PLAN FOR LOW INCOME AND HOMELESS FAMILIES AND INDIVIDUALS IN THE CITY OF MIAMI. 04-01263-cover memo.pdf 04-01263-feeding plan for homeless.pdf MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Vice Chairman Gonzalez absent, to adopt the draft Feeding and Service Plan presented by the Miami Coalition for the Homeless, Inc. Chairman Sanchez: We'll go ahead and move on to the next item, which is D4.4. It's a discussion item, and do we have Mr. Ben Burton, the Executive Director of the Miami Coalition for Homeless, Inc. here? Benjamin Joseph Burton: Yeah, I'm here. Commissioner Regalado: Right. Chairman Sanchez: OK, you're here, and also -- Commissioner Regalado: Before -- Chairman Sanchez: Commissioner Regalado, this is your item. Commissioner Regalado: Thank you. Before Ben address the Commission, I was very happy and 1 was very proud that the City Commission directed me to work with this issue, because I wanted to read Ben something that the City Commission approved. It's a pocket item. On March 27, 1997, there was a pocket item that I introduced, and it said, "The disorganized distribution of food to the homeless population has lead to an intense dilemma in the downtown area. Several social service providers, as well as religious and civic organizations distributed meals to the homeless population in the downtown area during the day and early evening hours. Therefore, we must consider offering those well-meaning organizations a positive alternative for the distribution of meals. Those food distributors must be directed to feed in a specific area, during a specific period of time." This was approved by the City Commission on March 27, 1997, so seven years after that, thanks to you, thanks to Ron Book and the Homeless Trust, thanks to David Raymond and Brad Simon, the City of Miami Homeless Coordinator, we have finally a program that, by the way, is creating statewide attention. The press, in Orlando, and Ft. Lauderdale, Broward are reporting on this issue, and I just want to say to the members of the City Commission that, as your appointee in the Homeless Trust, we took this program, the new feeding program, to the Trust, and the Trust approved -- and we have Mr. Ron Book here, the City of Miami Page 37 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman of the Trust -- not only they approve it, but they will share the costs with the City of Miami, and what became something of an issue of controversy has ended up as everybody is happy; it's a win -win situation, so I personally wanted to thank you because you took the brunt -- first, you took my brunt, and then you took the brunt of all the work. Thank you, Ben. Mr. Burton: Thank you. I want to thank you publicly for staying at the table and working with us, because even though everything is great today, I know that this has been contentious in the past. I want to let you know that I'm excited, not only for the Coalition, but also for the community to talk about the feeding and service plan for the poor and the homeless in the City of Miami. This is not something that just the Coalition came up with. This is something the clergy, non profits, the City and County, individuals who actually feed people came up with, which is a win -win situation for those who have the least and the less in our City. The new plan, the meat of the plan, is that we'll be feeding at three sites, which are Camillus House, Trinity Cathedral, and Historic Mt. Zion, and all of these are located in downtown in walking distance, so they're accessible for people who are homeless. The goal of preparing food distribution and services are that we're hoping to prevent some people from ever having to become homeless, and to make sure that people can exit our homeless system very quickly. Some of the services that'll be offered will be outreach, case management, food stamps, health care and employment, which we're very excited about. The staffing, you'll be glad to know, as Commissioner Regalado talked about for the program, the program coordinator has already been funded, and that's been funded through the City, the County, and also through my organization, the Coalition. That person will be making sure the program is coordinated, and also doing extensive fundraising to make sure it can stay operational. We really believe that that this program become operational as quickly as January, and I'm here to ask, not for money, surprisingly, but for your support of the plan, and also for your continuation of in -kind services. I know that we have some representatives from the County and the City, they'd like to say a few words in support of the project. I don't know if they wanted to say a few words. Chairman Sanchez: Anyone -- Commissioner Regalado: Yes. Chairman Sanchez: Anyone else wishing to speak on the item, please step forward, state your name and address for the record David Raymond: David Raymond, Miami -Dade County Homeless Trust, 111 Northwest 1st Street, 27th Floor. Thank you for having me, and good afternoon, everyone. Good morning. I want to also thank Mr. Burton, Mr. Book a number of the board members here that will be recognized, and particularly, Commissioner Regalado, who brought this to our board back in May. As a result, his punishment was, we asked him to join us on the board and he has done a wonderful job of dealing with this issue, as has been in -- and it really has been, I think, a very positive experience to go through this with the community, with the churches, the work that Ben has done and Commissioner Regalado, Ron, Tony Crapp, others have been at the table with church groups. We have had dozens of churches and religious institutions that had been at the table, who were the folks who were actually coming out on the street doing the feedings, and they are in support of this plan. They also, by the way, were not happy about the situation of feeding in the parking lots. We all agree that this is not the best way for somebody to be approached in terms of homeless services; for somebody to experience a meal, so by bringing this indoors, we're going to offer a more humane experience for the homeless individuals, which is one part for us. The other thing that's very important -- and 1 don't believe we have anybody from Camillus House here -- and I don't represent them, but I do want to represent to you what was -- what they shared with us, which is, they are changing the time of their feeding programs, which currently, they do at 3 in the afternoon. That's sort of a remnant from when the brothers, who used to run Camillus House 40, 50 years ago, would have lunch and then prepare the evening meal for the individuals who were homeless, and then go home and do their prayers, and bath, City of Miami Page 38 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 and et cetera, and get ready for the next day, so by moving that time to 5 or 6, you'll eliminate what's happening, which is a dual feeding. You have people eating there at 3 o'clock, hanging around outside, going then to the other feeding programs at the parking lots in the afternoon, so we've sort of created this atmosphere of this kind of soup kitchen line, which is not something that we want to see. They also have agreed to move their line from 1st Avenue, around the side, to 11 th Street so that people coming by there will not experience folks just being in front. Brad Simon and his team had been wonderful in this. They're going to have an outreach staff stationed there, because the goal of the street feeding is not only to provide somebody with food, but actual engagement in the homeless continuum, and Brad's staff is there night after night, but we really haven't had much success getting the folks who come to the street feedings in -- off the streets into the homeless system. They're also a number of poor people from the community, who come and really need this food, and it's not just homeless people who are there, just so folks will understand, so this is clearly a group effort. Our board has loan -- as has Ben's added financial support to this project and we're very excited. This is a monumental thing for all of us here, and we're really very excited about it, and I commend this Commission and our board and the Miami Coalition for the homeless, in particular, for taking this step, and know that Mr. Book, who's the incoming chair of our board, who's been a passionate advocate involved in all of meetings, wants to say a few words. Thank you. Commissioner Regalado: And I'd like to say something about Ron Book. When I first was directed by this Commission to take the feeding of the homeless in downtown Miami to the board, 1 sort of was a little blunt before the board, but Ron Book, I mean, saved my day because he, as a chairperson, came out an said, "Look, this is right. I mean, the humane thing to do, the self- esteem of these people needs indoor feeding. This is the humane thing to do," and because of Ron Book's support, this was able to go past several meetings and, in the last meeting, the Homeless Trust, not only support with money, but with a unanimous vote, this plan, and this is why this plan is before you today, for the City's support, so thank you, Mr. Chairman of the board. Ron Book: Thank you. Mr. Chairman, through you to Commissioner Regalado, Ron Book, 2999 Northeast 191 Street, Aventura, here as chair of the Dade Homeless Trust. Let me start by saying, there's lots of credit to be spread around. This Commission could not have sent a better advocate and a better messenger to the homeless community, not just to the Homeless Trust, but the homeless community, to deliver this City's message about the feeding issues that have existed on the streets of the City of Miami and Miami -Dade County for way longer than any of us should find it a comfortable or acceptable way of life. We've not only welcomed Commissioner Regalado's message, but we welcomed him to sit on the Homeless Trust Board, and 1 want to say that, in the several months since we invited him and since he was appointed to serve on the Homeless Trust, he hasn't simply sent his Chief of Staff, Mr. Crapp, who has also been a strong warrior in helping to forge the plan that's before you, but Commissioner Regalado has been a regular attendee at our board meetings, at our Trust meetings, and at the meetings where this plan was developed, and on behalf of the entire homeless community, we want to thank, not only the City, but we want to thank Commissioner Regalado for helping us to get where we are today, and he deserves a round of applause by everybody in this City for his effort. Thank you very much, on behalf of those who will never have a chance to say thank you to you. Number two, to my friend Ben Burton, I can only say to you that that first meeting that Commissioner Regalado has described to you as somewhat tumultuous, I will just say to you that it was a little bit more than just tumultuous. We were just about to wind that meeting down and in came Commissioner Regalado, and the meeting went on for another hour and a half, but I will tell you, out of that meeting came a desire by the churches, by the synagogues, by the community -based organizations to this community, members of this Commission, to come up with a plan that would get the feeding off the streets, and that plan is before you today. 1 would also like to thank Rondy Johnson, who is here, as part of the Formally Homeless Coalition, also serves as a member of our Trust Board, and Mr. Al Brown, who is here, who basically runs the community partnership on Homeless HAC (Homeless Assistance Center) on North Miami Avenue and also down in City of Miami Page 39 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Homestead, because without them and without their effort, we wouldn't be anywhere, and 1 also, before I make a couple other comments, want to thank you for Lydia Garcia in her tenure, and for Brad in his current tenure, because but for the partnership that we have had with your staff, we would not be where we are today, which, ladies and gentlemen, 44,000 people have come through the Homeless Assistance Centers in this community; 58 percent of those people have come all the way through our continuum of care, and today live in some form of permanent or supportive housing and have jobs, and have a better way of life because of the partnership that we, at the Dade Homeless Trust, have with this City of Miami, and the partnership didn't start today, ladies and gentlemen; the partnership started almost 11 years ago, when we came here and we asked permission, and we came to a public hearing in this room, and there were so many people spilled out onto Pan American Drive, they had to continue the meeting to a meeting that was moved to the Knight Center a week later, where almost 9,000 people showed up on both sides of the issue, but as a result of that, we have this partnership, and as a result of that -- and I will use the words that 1 have used before that Commissioner Regalado repeated -- nobody, nobody in the homeless business, nobody as a humanitarian, nobody as a decent human being should find it acceptable to feed people on the street. If you feed people on the street, it only means you endorse that as a way of life. It cannot be. If you truly believe that what we're doing in our continuum of care, of which we spend millions and millions of dollars of state, local, and federal monies to solve the problem, and you believe that the continuum of care is the right model -- and the proof is in the pudding, because nowhere else in America and nowhere else in the world, ladies and gentlemen, is a public/private partnership working the way ours does, and nowhere in the world have they had the results in taking people off of the street the way we have, and 1 take the opportunity today, as you consider this plan, and you hopefully adopt this feeding plan and endorse it today, to give you just a little bit catch-up, because I've had the opportunity to speak to the Manager and the Mayor on a number of occasions about where we are on homelessness, but I don't often get a chance to talk to you guys as a whole. Commissioner Regalado, as he attends every meeting, continues to learn more and more about our trials and our tribulations, but ladies and gentlemen, we've got a group of people -- I'm now serving on this board since its inception, 11 years. We've spent over $180, 000, 000 to get people off the street, with unprecedented results. By implementing this feeding program that Mr. Burton and all of the other volunteers have put together and appears before you today, will take us to the next level, Mr. Chairman. It will get us to where we need to go. Out of this effort has become a renewed partnership with the City of Miami in solving the homeless problems. We at the Homeless Trust welcome Commissioner Regalado and welcome his continued involvement, your staffs continued involvement, the City's continued leadership at solving the problems of the least, the last, the lost and the forgotten of this community. Thank you very much for the opportunity to be -- Chairman Sanchez: Thank you. Mr. Book: -- here today, and please, please, please, please know that this is a big step at getting people from feeding people on the streets. If we did nothing else, Mr. Chairman, but what Mr. Raymond described as changing the feeding policy at Camillus, and move those people off the street and stop dual feeding, we would have accomplished something, but we've done way more here today with the plan we have before you. Chairman Sanchez: Thank you, and that's -- Mr. Book: Thank you. Chairman Sanchez: -- a big accomplishment. Thank you. Sir, state your name and your address for the record. Pastor Robert Fritz: My name is Pastor Robert Fritz. My address is 242 Northeast 1st Street. Thank you. 1 got a sore throat. I'm losing my voice. I apologize. I minister to the homeless, to City of Miami Page 40 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 the drug addicts, to the addict -- alcoholics, to the prostitutes; I've been feeding them, ministering to them for 30 years. My wife's been doing it since she was 8 years old She's 40 years old I think it's a great idea that the Commission has come up with this idea to do feeding at specific places. What I don't agree with is to make an ordinance to arrest a pastor, somebody from a church, or somebody that -- somebody walks up on the street and we offer them a hot dog because they're hungry or something like that. That's my only -- Commissioner Regalado: May I say something? Pastor Fritz: Yes. Commissioner Regalado: My proposal to the City Commission today is to adopt this plan and endorse, and also, as promised to the Homeless Trust, to ask for a 90-day grace period in which there will be no enforcement, and what you're saying is somebody giving out a hot dog to a homeless. That is not part of the enforcement, nor now, nor in 90 days. What the law says, that we're talking about those very well visible bands with the tables, and the kitchen, but you know -- Pastor Fritz: Yes, I -- Commissioner Regalado: -- a Miami -Dade student giving out half of the sandwich to a homeless, that would not be a crime. That's something that God would reward you for, so that is your worry, there's nothing to worry about. Pastor Fritz: Well, it's one concern because we feed after services. We -- daily, inside, we minister to the homeless, and 1 don't want to be arrested for that either. Commissioner Regalado: You will not be -- Pastor Fritz: Well, you're saying that designated place. Commissioner Regalado: Designated place. Pastor Fritz: Well -- Commissioner Regalado: And let me tel you -- Pastor Fritz: And maybe it should go a little further -- Commissioner Regalado: No, no, no. Pastor Fritz: -- to the organ -- Commissioner Regalado: No, no. Listen -- Pastor Fritz: OK. Commissioner Regalado: -- the City and the Homeless Trust are paying for one coordinator. The role of this person is to coordinate those 80 churches and groups that go to downtown, and his mission or her mission, whenever he or she is hired, will be to coordinate. In your case, that person will be aware of the services that you're rendering, and as long as that person is aware and as long as it's indoor feeding -- Pastor Fritz: Yes. Commissioner Regalado: The reason that we decided on three sites is because of the City of Miami Page 41 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 geographical location of the homeless population, but that doesn't mean that indoor feeding could go on. There is indoor feeding in GESU church, as we speak today, but that's indoor in the basement and no one bothers anybody, so I can guarantee you, pastor, that that is what was discussed at the Homeless Trust, at the Coalition, with the Manager, with the City Attorney, so it's nothing to worry about. Commissioner Allen: Mr. Chairman, could we have the City Attorney to opine on this, if you will, this issue that concerns you? Jorge L. Fernandez (City Attorney): Yes. The plan for feeding indoors is absolutely fine. There is a larger strategy that we're pursuing. We're looking at all the other -- delivery of all the other ancillary services also, but this plan, standing alone by itself is perfectly fine. Our only concern is to make sure that, number one, the 90 days that Commissioner Regalado makes reference to, that the administration take note of that, and that then it filters appropriately to law enforcement. We have ordinances in the book with regard to loitering, which is what gives rise to the opportunity for law enforcement to correct loitering. The -- another issue that we're -- that we will be looking at the plan to make sure that it is fully complied with is the preparation of food or making sure that the sites at which the food will be administered complies with all the appropriate zonings. We don't want to create a code enforcement violation. With regard to either preparing the food onsite or just actually feeding already prepared food, and those are all issues of code enforcement with regard to our Zoning Ordinance. Commissioner Regalado: We have checked that, and they're OK. Mr. Fernandez: Perfect. Commissioner Regalado: Thank you. Chairman Sanchez: All right. Pastor Fritz: So they'll notes us or we can get involved -- thank you. Chairman Sanchez: Thank you. Next speaker. Welcome. State your name and your address for the record. Mercedes Sanchez: Hi. Good morning, everyone. Mercedes Sanchez. I live in the City of Miami, 3038 Southwest 19th Terrace. 1 want to thank everybody here that's here today present. I want to address on the homeless issue. I had the opportunity, a couple of years ago, to actually go in the church van, in the church that I attended, to one night, on a very cold December night, to take blankets, socks -- the socks that you would throw away because they have holes -- socks, blankets, toothbrushes, of course brand new toothbrushes, and toothpaste, and the everyday essential stuff that we use that they do not have, and -- sweaters. I mean, all the necessary stuff. It was a joy, and I must say that. It was a joy. It was very rewarding. It was overwhelming at the same time, because I realize how much we have, and most of us sitting here and most of us have jobs, and decent jobs, good -paying jobs and, unfortunately, we've got to keep in mind that most of these people are not in the right state of mind. There's an old country song that says, " The day that someone crossed the yellow -- that took the yellow light, someone took my daughter and wife, and that was the day I lost my mind. Now, I'm the homeless in the street, the one they called the freak, so please don't laugh at me and don't call me names." It's a very beautiful sad song, but it's reality. It's not just a song. It's reality. Some of these people are just -- they're not in the very well state of mind, and they need our help. They really honestly and truly do, and it's great what you guys are doing, what the Coalition is doing. I still, though, emphasize that they need more than what you guys are proposing here today. I'm honestly telling you -- I'm sorry. I'm not being disrespectful, but I'm totally against not being able to feed in the streets. It was -- I said it was rewarding. It was a great joy, and it's not constitutional to not be able to take a City of Miami Page 42 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 church van out there. If this is a strong belief to take a church van out there full of food and it's a huge tray full of spaghetti, already made food, just -- we have a garbage can. I mean, we provided this, we provided the forks and so forth. Hot chocolate. Like I said, it was a very cold winter night, and they were very respectful, and all they kept saying was thank you and thank you and thank you, and all I can say is, guys, they really need your help, and not financially, but they really need your help with the essential stuff. An old pair of socks that we throw away and there's just nothing wrong with that and there's nothing wrong with feeding. Chairman Sanchez: Thank you. Commissioner Regalado: All of the churches that did that agreed to go indoor, all, all of them, all of the churches. We're talking about 80 entities. Ms. Sanchez: OK. Commissioner Regalado: They -- in fact, they're -- they are thankful because they can now park inside, closed parking, unload the food, serve the food, pick up and leave, and by the way, the City is going to pick up the trash using commercial haulers that will be donating their services. Ms. Sanchez: OK. Let me ask one question. The church that I attended in Hialeah -- Chairman Sanchez: Ma'am -- Ms. Sanchez: -- they also agreed to -- I mean, this is -- Commissioner Regalado: Sorry? Ms. Sanchez: -- the church that 1 attended in Hialeah -- Chairman Sanchez: Ma'am, did you attend some of the meetings? Commissioner Regalado: I don't know. Ms. Sanchez: I'm sorry? Chairman Sanchez: Did you attend some of the meetings with -- Ms. Sanchez: Prior? No. Chairman Sanchez: OK. Ms. Sanchez: No. Chairman Sanchez: Well -- Commissioner Regalado: No. I don't know. Chairman Sanchez: Ron, listen, we've got to get going here. Mr. Book: I wanted to -- what I'd like -- (UNINTELLIGIBLE). Chairman Sanchez: You know, we have a voluminous agenda -- please. Mr. Book: That's fine. City of Miami Page 43 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman Sanchez: Just -- go ahead. Do you want to -- Mr. Book: Just very briefly. Chairman Sanchez: Very briefly, please. Mr. Book: Nobody's stopping you from continuing to feed people. We're just moving it indoors to a more humane setting for people so that other people's property rights are protected, as well. 1 would suggest to you, if you want to feed, Al Brown and -- is here, Sheri's here, we'd be glad to accommodate you at the HAC, you and whatever group of people, you want to come, can come, prepare a meal, serve a meal; do it once a week, once a month, once every other month. We've got a program set up to do that at the Homeless Assistance Centers. We can get you plugged in to the churches and the synagogues, part of the 80 that are participating in our programs at the three sites. We need people like you -- Chairman Sanchez: Ron, why don't you get with her? Mr. Book: We will. Chairman Sanchez: Ma'am, thank you so much. Ms. Sanchez: Thank you. Chairman Sanchez: Next speaker, please. Dania Hernandez: Good morning. Chairman Sanchez: Good morning, ma'am. Ms. Hernandez: My name is Dania Hernandez and I'm here representing "The Word" radio station, 1550 AM, and we're located at 330 Northwest 27th Avenue. I'm sorry, Southwest, and would like to have the opportunity of inviting the Coalition and Camillus House and the people that are representing this issue over here to come into the station so that we can talk, because there is a lot of misinterpretation of what is going to be done here. Chairman Sanchez: I think that's a great idea, ma'am. Ms. Hernandez: OK, so that's the reason why I'm here. 1 am for the homeless. You know why? Because in 1961, when I came to the United States of America, I was homeless, and it took a Christian institution to help me and my mother. It wasn't the government; it was a Christian institution, the ones that gave us clothes to wear and food to eat, and 1 do believe in that, and I do believe in what Camillus House and the rest of the Coalition is doing. 1 have been part of them. I've been there. I've served the homeless, so I do want to make sure that the best for the homeless -- Chairman Sanchez: Thank you very much. Ms. Hernandez: -- you know, it will be taking into consideration. Chairman Sanchez: Thank you so much for being here. Ms. Hernandez: Thank you very much, and God bless you. Chairman Sanchez: God bless you. Sir. City of Miami Page 44 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Rondy Johnson: Yes. My name is Rondy Johnson. I'm the Chairman of Homeless -- Formally Homeless Forum, 820 Northwest 28th Street. I'll start to say thank you, of course, to Ben and the Commissioner, and I just want to talk a little bit about homeless. You know, homeless is not what we like to think of as addiction, alcohol problem. It's a poverty problem, a issue of just not having enough, so 1 would like to ask this Commission to carefully consider this and really recommend it wholeheartedly, adopt this program and that's all I have to say. Thank you. Chairman Sanchez: Thank you so much, sir, for being so brief. Commissioner Regalado: Mr. Chairman, I'd like to move that the City Commission adopt the feeding and service plan for low-income and homeless families and individuals in the City of Miami, with the provision that the administration take note of 90-day grace period, starting -- Ben, January or December? Mr. Burton: We'll take as long as possible. Chairman Sanchez: Well, 90 days. There's a motion -- Commissioner Regalado: 90 days. Chairman Sanchez: There's a motion with -- Commissioner Regalado: 90 days grace period -- Chairman Sanchez: -- 90 days -- Commissioner Regalado: -- for enforcement. Chairman Sanchez: There's a motion -- listen, we're not going to debate this anymore. Commissioner Allen: Second. Commissioner Winton: Second. Chairman Sanchez: We've had -- Commissioner Allen: Second. Chairman Sanchez: There's a motion and a second. Open for discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." It passes unanimously. Let me just take an opportunity, as the Chair, to thank Commissioner Regalado and praising him for taking -- Commissioner Winton: Here, here. Chairman Sanchez: -- the leadership. Also, all those who have labored very hard through many meetings and very -- meetings with organizations. This is a perfect example that when people come together, and you're able to compromise on some of your issues, we're able to accomplish things, and this is just one giant step for helping those that need all the help that they deserve, so thank you so much, and we'll move on with the agenda. Thank you. City of Miami Page 45 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Commissioner Regalado: Thank you, Mr. Chairman. Chairman Sanchez: Thank you. Commissioner Regalado.' The last -- Chairman Sanchez: We have -- DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN City of Miami Page 46 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 PUBLIC HEARING PH.1 04-01232 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF REPAIR SERVICES FOR ONE (1) 2001 TELESQURT ( PUMPER/AERIAL LADDER) FIRE -RESCUE 8 VEHICLE FOR THE DEPARTMENT OF FIRE -RESCUE, FROM AMERICAN LAFRANCE MEDIC MASTER, THE SOLE SOURCE MANUFACTURER, IN AN AMOUNT NOT TO EXCEED $34,014.41, WITH A CONTINGENCY RESERVE OF AN AMOUNT NOT TO EXCEED $1,000, FOR A TOTAL AMOUNT NOT TO EXCEED $35, 014.41; ALLOCATING FUNDS FROM THE DEPARTMENT OF FIRE -RESCUE SPECIAL REVENUE FUND, PROJECT NO. 109001, ACCOUNT CODE NO. 280905.6.840. 04-01232-worksheet. pdf 04-01232-budgetary impact.pdf 04-01232-memol .pdf 04-01232-memo2.pdf 04-01232-memo3.pdf 04-01232-memo4.pdf 04-01232-notice to the public.pdf 04-01232-letter. pdf 04-01232-memo5.pdf 04-01232-q uotation. pdf 04-01232-ce rtifi cate. p df 04-01232-certificate2. pdf 04-01232-manufacturer record.pdf 04-01232-award.pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-04-0738 Chairman Sanchez: All right. Public hearing. Moving into public hearing, we have PH.1. It's a resolution. It requires a four -fifths vote. Commissioner Winton: So move. Chairman Sanchez: There's a motion by Commissioner Winton. Is this a second? Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. It is open for a discussion. It's a public hearing. Anyone from the public wishing to address this issue, please step forward and be heard . Seeing none, hearing none, the public hearing is closed and we'll deliberate. There's a motion and a second. No further discussion on the item. All in favor, say "aye." City of Miami Page 47 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously, and it's a four --fifths, Madam Clerk. PH.2 04-01234 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO DECLARE SURPLUS CERTAIN CITY -OWNED PROPERTY LOCATED AT 779 NORTHWEST 57TH STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN " EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT (" AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH PROGRESSIVE VISION COMMUNITY DEVELOPMENT CORPORATION, INC ., A FLORIDA NOT -FOR -PROFIT CORPORATION, TO UNDERTAKE THE DEVELOPMENT OF FOUR (4) CONDOMINIUM UNITS, AFFORDABLE TO VERY LOW, LOW AND/OR MODERATE -INCOME FAMILIES AND/OR INDIVIDUALS AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS STATED HEREIN AND THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE SOLELY AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY TO EFFECT THE SALE IN AN EXPEDITIOUS MANNER. 04-01234-worksheet.pdf 04-01234-memo. pdf 04-01234-notice to public.pdf 04-01234-exhibit map.pdf 04-01234-exhibitl .pdf 04-01234-exhibitl A. pdf 04-01234-exhibitl B.pdf WITHDRAWN PH.3 04-01236 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT THE FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC., A FLORIDA NOT -FOR - PROFIT CORPORATION ("FOCAL"), IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE AFTER -SCHOOL TUTORING, COUNSELING, AND COMPUTER EDUCATIONAL SERVICES FOR AT -RISK YOUTH AT THE CITY OF MIAMI'S MOORE PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FOCAL TO CONTINUE TO PROVIDE SAID AFTER -SCHOOL SERVICES FOR THE CONTRACT PERIOD City of Miami Page 48 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 COMMENCING OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005, IN AN AMOUNT NOT TO EXCEED $115,452; ALLOCATING FUNDS FROM NON - DEPARTMENTAL ACCOUNT NO. 001000.921002.6.930 FOR FISCAL YEAR 2004-2005. 04-01236-exhibitl .pdf 04-01236-exh i bit2. pdf 04-01236-exh ibit3. pdf 04-01236-exhibit4.pdf 04-01236-exhibit5.pdf 04-01236-public hearing.pdf 04-01236-insurance certificate.pdf 04-01236-action steps.pdf 04-01236-focal letter. pdf 04-01236-goals fall.pdf 04-01236-goals summer programs.pdf 04-01236-goals yearly.pdf 04-01236-scope of services.pdf 04-01236-mission statement.pdf 04-01236-itemized budget. pdf 04-01236-budget .pdf 04-01236-ag reement. pdf 04-01236-pre resolution.pdf 04-01236-memo2.pdf 04-01236-memol .pdf 04-01236-budgetary impact.pdf 04-01236-worksheet.pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-04-0739 Chairman Sanchez: PH.2 was withdrawn. We go to PH.3, which is also a public hearing. It also requires a four -fifths vote confirming a nonprofit foundation. Is there a motion? Commissioner Regalado: Move it. Chairman Sanchez: There's a motion by Commissioner -- Commissioner Winton: Second. Discussion. Chairman Sanchez: -- Regalado. It's second by Commissioner Winton. It is open for a discussion. Commissioner Winton, you're recognized for discussion. Commissioner Winton: I just have one question: What is a nondepartmental account? Commissioner Allen: Could you repeat that, Commissioner? Chairman Sanchez: What is a nondepartmental account. Commissioner Winton: It's -- these are both -- both of these items are funded out of a nondepartmental account, and I just didn't know what that was. City of Miami Page 49 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman Sanchez: Linda, could you address that? Linda Haskins (Deputy City Manager/Chief Financial Officer): Yes. Within the accounts of the City, you have all the budgets of the different departments, and there's something called " nondepartmental," which would be citywide sort of expenditures, which are -- most of that is -- the budget in the nondepartmental accounts provide for contingency funds for things like this agreement, and also within nondepartmental is the funding for CRA (Community Redevelopment Agency), Model City Homeownership Trust, that sort of thing, so it's not tacked with a department; it's a separate line in the budget called "nondepartmental,"NDA (Nondepartmental Account), 1 think. Chairman Sanchez: Ma'am, could you put -- could you state your name for the record, please? Ms. Haskins: Yes. Linda Haskins. Chairman Sanchez: Thank you so much, Linda. Ms. Haskins: Chief Financial Officer. I'm sorry. Commissioner Allen: This is PH.3, correct? Yes. Chairman Sanchez: Commissioner Winton, are you content with that response, or would you like the Budget Director to add on? Commissioner Winton: Well, I understand where it comes from. It just seems that, in the future, this would not be in a nondepartmental account. I'm -- it's -- these seem like kind of naturals to be somewhere that wouldn't be a nondepartmental account. Larry Spring: Larry Spring, Chief of Strategic Planning, Budgeting and Performance. Commissioner, we fund several -- it's eight private organizations out of the nondepartmental account. If there was a department -- and 1 guess we could put the contribution in the Parks Department and fund it out of there, if you so chose. Commissioner Winton: Well --1 understood, so -- OK, but this is an ongoing -- Mr. Spring: It's been that way for years. Commissioner Winton: -- expense. Commissioner Allen: Right, so it's going to be a hit every year, correct? Commissioner Winton: Yeah. I mean, so I'm not quarreling over whether we're doing it or not; I'm just -- it just didn't -- it was kind of a Parks thing and 1 was just wondering why it wasn't coming out of Parks, but it's -- you've got -- Mr. Spring: I mean, we can consider it in the next iteration of the budget. Commissioner Winton: I'm done. Chairman Sanchez: All right. OK. There's a motion and a second. It's a resolution. It's a public hearing. The public hearing is open. Anyone from the public wishing to address this item, please step forward and state your name and address for the record. Seeing none, hearing none, the public hearing is closed. We have a motion and a second. It's been debated. All in favor, say "aye." City of Miami Page 50 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, it passes unanimously, and it was a resolution. PH.4 04-01237 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF PARKS AND RECREATION THAT BELAFONTE TACOLCY CENTER, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION (" BTC") IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE THE SPORTS DEVELOPMENT PROGRAM AT THE CITY'S BELAFONTE TACOLCY PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BTC TO CONTINUE TO PROVIDE SAID SPORTS DEVELOPMENT PROGRAM FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005, IN AN AMOUNT NOT TO EXCEED $86,675; ALLOCATING FUNDS FROM NON -DEPARTMENTAL ACCOUNT NO. 001000. 921002.6.930 FOR FISCAL YEAR 2004-2005. 04-01237-exhibit 1. pdf 04-01237-exhibit 1 A. pdf 04-01237-exhibitl B.pdf 04-01237-exhibit articlel .5.pdf 04-01237-exhibit articlel .7.pdf 04-01237-exhibit articlel .8.pdf 04-01237-exhibit articlel .8attachment.pdf 04-01237-public hearing.pdf 04-01237-memo2.pdf 04-01237-memo 1. pdf 04-01237-budgetary impact.pdf 04-01237-worksheet.pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-04-0740 Chairman Sanchez: We move on to PH.4. PH.4 is also a four -fifth. Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. Is there a second? City of Miami Page 51 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Commissioner Regalado: Second. Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. It is open for discussion. It's a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing none, hearing none, the public hearing is closed. No further debate from the dais. All in favor, say " aye. The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Resolution carries. PH.5 04-01137 ORDINANCE Public Hearing AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE IV/SECTION 54-130 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/NAMING OF STREETS AND NUMBERING OF BUILDINGS/NAMES OF DRIVES AND ROADS," BY CHANGING THE NAME OF SOUTHWEST 15TH ROAD BETWEEN SOUTHWEST 11TH STREET AND BRICKELL AVENUE TO BROADWAY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE HEREIN DESIGNATED AGENCIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-01137-cover memo.pdf 04-01137-legislation. pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado Chairman Sanchez: PH.5. PH.5. Commissioner Winton: So moved. Chairman Sanchez: There's a motion -- Jorge L. Fernandez (City Attorney): I thought -- Chairman Sanchez: There's a motion and a second. Mr. Fernandez: 1 thought PH.5 was pulled. Commissioner Winton: Oh, it was? Mr. Fernandez: No? Chairman Sanchez: No, it was not. Mr. Fernandez: Oh, I'm sorry. Chairman Sanchez: PH.2 was moved. Mr. Attorney -- Mr. Fernandez: I misspoke. City of Miami Page 52 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman Sanchez: Make sure it's the last time, OK? I'm only kidding, Jorge. All in humor, you know. All right, there's a motion on PH.5. It's an ordinance. It's a public hearing. There's a motion and there was a second. Motion -- yeah, the motion was made by Commissioner Winton, and it was second by, I believe, Commissioner Allen, right, on the -- Commissioner Allen: Well, I'll second it, nonetheless. Chairman Sanchez: PH. S, it's the naming of a street. OK. It is an ordinance. It's a public hearing. The public hearing is opened. Anyone from the public wishing to address this item, please step forward and be heard. Seeing none, hearing none, the public hearing is closed. There is a motion and a second. It is open for discussion. Hearing none from the Commission, Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, read -- Priscilla A. Thompson (City Clerk): Roll call. Chairman Sanchez:: Roll call, I'm sorry. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PH.6 04-01241 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE FRANCHISE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND NUI UTILITIES, INC., D/B/A NUI CITY GAS COMPANY OF FLORIDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 04-01241-exhibit.pdf 04-01241-worksheet. pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12613 Chairman Sanchez: PH.6 is also an ordinance, an emergency ordinance. It's a four -fifth. Commissioner Winton: So moved. Chairman Sanchez: Is there a motion? There's a motion -- Commissioner Winton: So moved. City of Miami Page 53 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman Sanchez: -- by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. 1t is open -- it's a public hearing. Anyone from the public wishing to address this item, please step forward and be heard. Sir, welcome to City Hall. State your name, your address for the record. Bob Murray: Yes, thank you, honorable Commissioners. My name is Bob Murray. My address is 200 South Biscayne Boulevard, in the City of Miami. I'm an attorney with Morgan Lewis and Bockius, and I'm here today representing NUI (National Utilities, Inc.) City Gas Company. You'll be glad to know, I intend to keep my remarks very brief I just wanted to let you know that NUI City Gas Company has served both the business and residents of the City of Miami for 30 years; is very pleased to have done so, and very much appreciates this opportunity to continue to do so. We respectfully request that this Commission approve the ordinance before it, which authorizes the City Manager to execute a nonexclusive franchise agreement, and this will simply allow the businesses and residents to continue receiving our gas service, and will continue to obligation of NUI City Gas to pay franchise fees to the City. Chairman Sanchez: Thank you so much. Commissioner Allen: One question. Mr. Murray: Thank you. Commissioner Allen: One question, Mr. Chairman. Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: Yeah. You said something very operative, that you have -- your company - - your client has been providing these services for the last 30 years. Mr. Murray: Correct. Commissioner Allen: Since then, have you guys been doing anything, technology -wise, to improve the quality and services? Because, generally, when you do something for awful long time, there's no incentive to try to improve the quality of your services, so has there been anything? Commissioner Winton: And how about extending the service? Mr. Murray: Sure. We're -- Commissioner Winton: You know, reaching out into other areas. Mr. Murray: -- constantly upgrading our facilities and one of our biggest incentives is that this is a nonexclusive arrangement, and there are many alternative field sources. If our customers aren't happy with -- Commissioner Allen: So you're -- Mr. Murray: -- natural gas, they can go to propane, they can go to electric -- Commissioner Allen: Right, right, and you're being competitive, so you are -- City of Miami Page 54 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 3:00 P.M. Mr. Murray: Absolutely. We have to be. Commissioner Allen: Right. OK. Thank you. That's it. Mr. Murray: Thank you. Chairman Sanchez: OK. Thank you so much. There's -- anyone from the public wishing to address this item? Seeing none, hearing none, the public hearing is now closed There's a motion and a second. No further discussion. It's -- Vice Chairman Gonzalez: It's an ordinance. Chairman Sanchez: It's an ordinance. Commissioner Allen: Ordinance. Chairman Sanchez: Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: OK, Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): First roll call. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been passed as an emergency measure, 4/0. Items PH.7 - PH.12 were interpreted by a sign -language interpreter. PH.7 04-01238 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE TOTAL AMOUNT OF $80,513, FROM CDBG RESERVE; ALLOCATING SAID FUNDS IN THE AMOUNT OF $ 25,000, TO CATHOLIC CHARITIES OF THE ARCHDIOCESES OF MIAMI, INC ./GESU MEAL CENTER, AND THE AMOUNT OF $55,513, TO CATHOLIC CHARITIES OF THE ARCHDIOCESES OF MIAMI, INC./ SERVICES FOR THE ELDERLY (CLAUDE PEPPER CENTER) TO PROVIDE CONTINUAL MEAL SERVICES FOR PARTICIPANTS ALREADY ENROLLED IN THE ELDERLY PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT(S) TO THE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID AGENCIES. City of Miami Page 55 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 04-01238-exhibitl .pdf 04-01238-exhibit2A.pdf 04-01238-exh ibit2B. pdf 04-01238-exh ibit2C. pdf 04-01238-pre resolution.pdf 04-01238-file summary report.pdf 04-01238-attachment B.pdf 04-01238-attachment A2.pdf 04-01238-text file report.pdf 04-01238-attachment A.pdf 04-01238-public notice.pdf 04-01238-worksheet.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0754 Chairman Sanchez: Now, we have -- before we go to the PZ (Planning & Zoning), let's get the properly advertised 3 o'clock Community Development stuff out of the way. That shouldn't be controversial. That should be maybe ten minutes. Commissioner Winton: What item is that? Barbara Rodriguez -Gomez: PH 7. Chairman Sanchez: Giving the P -- Commissioner Winton: PH.7. Chairman Sanchez: -- the PZ items more time for everybody to come in. All right. Let's start with PH 7, which is transferring CDBG (Community Development Block Grant) funds to Catholic Charities. Ms. Rodriguez -Gomez: Barbara Rodriguez, Department of Community Development. Here, we're requesting that $80, 513 be transferred from CDBG reserve account to 25,000 to Catholic Charities of the Archdioceses to take care of the GESUMeal Center, and 55,513 for Catholic Charities Archdioceses for the services of the Claude Pepper Center. Chairman Sanchez: All right. Is there a motion? Commissioner Regalado: Move it. Chairman Sanchez: There's a motion by Commissioner -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- Regalado, second by Vice Chairman Gonzalez. It's a resolution. Any discussion? It's a public hearing. Anyone from the public wishing to address this item, please step forward and be heard. Seeing none and hearing none, the public hearing is closed. We come back to the -- what is there -- it's a resolution, correct? Ms. Rodriguez -Gomez: Right. City of Miami Page 56 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman Sanchez: I don't think any -- they're not here for this item. Ms. Rodriguez -Gomez: I don't know. Chairman Sanchez: No. What are they -- Unidentified Speaker: 25 and 26. Chairman Sanchez: Oh, they're 25 and 26, Barbara. They're not here on this item. OK. No further discussion. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Resolution passes. PH.8 04-01239 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE TRANSFER OF HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS FUNDS, IN THE AMOUNT OF $656,250, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT 29TH YEAR EMERGENCY RENTAL MORTGAGE & UTILITY ASSISTANCE PROGRAM; ALLOCATING SAID FUNDS TO THE LONG TERM TENANT - BASED RENTAL SUBSIDY PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT(S) TO THE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S),WITH SAID AGENCIES. 04-01239-worksheet. pdf 04-01239-text file report.pdf 04-01239-memo.pdf 04-01239-public notice.pdf 04-01239-exhibit l .pdf 04-01239-exh ibit2. pdf 04-01239-exh ibit3. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0755 Barbara Rodriguez -Gomez (Director, Community Development): PH.8 is transferring 656,250 from the Department of Community Development Emergency Rental Mortgage and Utility Assistance Program to the 30th Year Long Term Tenant -based Rental, and this is basically funding a little -- an increase to all the agencies that were funded June 10th. Chairman Sanchez: All right. Is there a motion? Vice Chairman Gonzalez:: Move it. Chairman Sanchez: This is transfer of HOPWA (Housing Opportunities for Persons Living with AIDS) funds. There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Regalado: Second Chairman Sanchez: Second by Commissioner Regalado. It is open for discussion. It's a public City of Miami Page 57 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Good afternoon, ma'am. Please state your name and address for the record. Carolyn Mathis: Carolyn Mathis, 9530 Northwest 17th Street. I'm MOVERS (Minorities Overcoming the Virus Through Education, Responsibility and Spirituality) -- I'm the interim Executive Director for MOVERS, Incorporated, and back on July 8th, when funds was transferred from MOVERS to reallocate these funds, we are here today stating that we would like to be reconsidered -- Chairman Sanchez: OK. Ms. Mathis: -- to get some funds back. Chairman Sanchez: Thank you. Ms. Mathis: You're welcome. Chairman Sanchez: All right. It's a resolution. Anyone from the public wishing to address this Commission? Hearing none, seeing none, the public hearing is closed, and we go to a vote. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Resolution passes. PH.9 04-01240 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, IN THE AMOUNT OF $3,000,000, FOR THE MIAMI UNLEADED PROGRAM FOR FISCAL YEAR 2004-2005, TO PROVIDE A COMPREHENSIVE APPROACH TO LEAD HAZARD CONTROL IN THE CITY OF MIAMI, BY MAKING IT A PART OF EVERY REHABILITATION, RENOVATION, AND REPAIR UNIT BUILT BEFORE 1978, WHERE LEAD - BASED PAINT IS PRESENT; DIRECTING THE CITY MANAGER TO REQUEST AN ORDINANCE OF THE CITY COMMISSION TO INCREASE THE DEPARTMENT OF COMMUNITY DEVELOPMENT'S TABLE OF ORGANIZATION, ADDING SIX FULL-TIME UNCLASSIFIED EMPLOYEES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 04-01240-worksheet.pdf 04-01240-memo.pdf 04-01240-public notice.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0756 Barbara Rodriguez -Gomez (Director, Community Development): PH.9 is accepting a grant from US HUD (United States Department of Housing and Urban Development) of $3,000,000 for an Unleaded Base Paint Program, and this is a program that's going to go for three years, and it's a basically -- it's combination of three: FIU (Florida International University), the City of Miami, and the Health Department, and it is to, number one, let the people know about the City of Miami Page 58 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 risk of lead -based paint, and second is to lead -base houses that have been built prior to 1950 and have been determined that they have children less than six, and it's going to be approximately 200 houses. Chairman Sanchez: All right. Vice Chairman Gonzalez: Move PH.9. Chairman Sanchez: PH.9 is a resolution accepting HUD grants for unleaded programs for FY ( Fiscal Year) '04 and '05. There's a motion by Vice Chairman Gonzalez. We need a second. Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. Commissioner Winton.: Discussion. Chairman Sanchez: Discussion? Commissioner Winton: Yes. The last -- very last statement you made was maybe part of the key part of the answer here to my question. There -- we know all of the properties that are impacted by this? Ms. Rodriguez -Gomez: FIU has been doing a study for the last three years, so they have a list of houses that we're going to start visiting and finding out do they still have children less than six, yes. Commissioner Winton: So this isn't going to be something that's going to go into effect for every house, every building, everything out there? Ms. Rodriguez -Gomez: No. It's basically a study that FIU's been doing for three years, and the houses have been identified. We're just going to make sure, number one, that they still have kids less than six. Commissioner Winton: OK Ms. Rodriguez -Gomez: And two, that there are low-income. Commissioner Winton: OK, fine. Chairman Sanchez: All right. Before -- Commissioner Regalado want to be recognized. Commissioner Regalado: How do you -- Barbara, do we know if this study is citywide or they just -- Ms. Rodriguez -Gomez: It was done citywide. The study was done citywide. However, the areas that were determined to be high risk were Allapattah, Edison/Little River, Little Havana, Liberty City, Model City, Overtown, and Wynwood, so they have already identified the group of houses that were part of the proposal to US HUD. Chairman Sanchez: OK. Before we vote on this issue, it requires a public hearing. Anyone from the public wishing to address this item, please step forward -- Commissioner Winton: Is the three -- City of Miami Page 59 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman Sanchez: -- and be heard. Commissioner Winton: I'm sorry. Chairman Sanchez: Huh? Commissioner Winton: Is the 3,000,000 going to be used to remediate the lead paint inside the houses, if they're still kids in there under six? Ms. Rodriguez -Gomez: It's -- a portion of it is. It's approximately $2, 000, 000 is going to be used for abatement. Commissioner Winton: I'm sorry. What did you say? Ms. Rodriguez -Gomez: Approximately $2, 000, 000. Commissioner Winton: Of that will be used in -- and do we know if that's enough money? Ms. Rodriguez -Gomez: We will not have enough money for the 270 houses, so we're going to -- that's what we're going to determine, number one, how many still have childrens [sic] of six, and hopefully, we will be applying for more as we get along the way, so it's a three-year grant with a hope to renew. Chairman Sanchez: All right. Public hearing is still open. Commissioner Regalado: One question. How about if they rent the house? Ms. Rodriguez -Gomez: It doesn't matter. Commissioner Regalado: We still -- Ms. Rodriguez -Gomez: It does not matter. The issue is that the owner would have to keep on renting it to a low-income family. Commissioner Regalado: That's my question. Ms. Rodriguez -Gomez: That would be the key. Commissioner Regalado: That's my question. Ms. Rodriguez -Gomez: Right. Commissioner Regalado: Because after it gets painted, it raises -- Ms. Rodriguez -Gomez: Yeah. Commissioner Regalado: -- the rent. Ms. Rodriguez -Gomez: He would have a restriction on renting it for "X" amount of years. Commissioner Winton: OK. All right. Chairman Sanchez: All right. The public hearing is closed. Any further discussion from the Commission? If not, it's a resolution. All in favor, say "aye." City of Miami Page 60 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.10 04-01265 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE AMOUNT OF $750,000, FROM THE CITY OF MIAMI ("CITY") DEPARTMENT OF CAPITAL IMPROVEMENT PROJECTS; ALLOCATING SAID FUNDS TO THE CITY'S DEPARTMENT OF OFF-STREET PARKING FOR CONSTRUCTION COSTS NEEDED TO MEET AMERICANS WITH DISABILITIES ACT REQUIREMENTS FOR THE GUSMAN THEATRE FOR THE PERFORMING ARTS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY. 04-01265-exhibitl .pdf 04-01265-exhibit2. pdf 04-01265-pre resolution2.pdf 04-01265-pre item.pdf 04-01265-pre resolution.pdf 04-01265-public notice.pdf 04-01265-worksheet. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0757 Chairman Sanchez: We go to PH.10. Barbara Rodriguez -Gomez (Director, Community Development): PH.10 is transferring 750,000 from the City of Miami Capital Improvement Project to the City of Miami Department of Off - Street Parking, and it is to help with the Gusman Center Performing Arts to deal with construction costs needed to meet the American with Disability Act. Vice Chairman Gonzalez.: Move PH.10. Chairman Sanchez: All right. There's a motion by Vice Chairman Gonzalez. Commissioner Winton: Second. Chairman Sanchez: Need a second. Second by Commissioner Winton. It is a public hearing. Anyone from the public wishing to address this Commission, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed. We bring it back to the Commission for any further discussion. Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.11 04-01266 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S City of Miami Page 61 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 ), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE AMOUNT OF $2,000,000, FROM CLOSED OUT ACTIVITIES; ALLOCATING SAID FUNDS TO GOODWILL INDUSTRIES OF SOUTH FLORIDA, INC. ("GOODWILL") FOR THE ACQUISITION OF GRAYBAR, A BUILDING LOCATED ADJACENT TO GOODWILL'S HEADQUARTERS, TO CREATE JOB EMPLOYMENT OPPORTUNITIES FOR CITY OF MIAMI RESIDENTS AND INCREASE ECONOMIC GROWTH IN THE ALLAPATTAH AREA; GUARANTEEING THAT FOR THE 2005 CDBG ALLOCATION, FUNDS IN THE AMOUNT OF $1,015, 000, BE ALLOCATED TO DISTRICT 5 CAPITAL IMPROVEMENT PROJECTS, UNLESS FUNDS BECOME AVAILABLE PRIOR TO THE 2005 CDBG ALLOCATION (DUE TO CLOSING OF CONTRACTS), THEN SAID FUNDS ARE TO BE AWARDED TO DISTRICT 5; AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN AGREEMENT FOR SAID PURPOSE. 04-01266-worksheet.pdf 04-01266-history of item.pdf 04-01266-public notice.pdf 04-01266-exhibit.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0758 Chairman Sanchez. We move on to PH. 11. Barbara Rodriguez -Gomez (Director, Community Development): PH.11 is transferring CDBG ( Community Development Block Grant) funds from a million fifteen from the Department of Capital Improvement Project; 600, 000 from the Department of Capital Improvement Project; 100, 000 from the City of Miami, Department of Economic Development; $70, 000 from the City of Miami Building Department, Code Enforcement; 135, 320.84 from Haven Economic Development, Inc; 70, 000 from Greater Miami Neighborhood, Inc; 9, 679.16 from CD ( Community Development) Administration, and to fund Goodwill Industry. Goodwill Industry, this will be to acquire the Graybar building, located at 2121 Northwest 21st Street. This is a loan. It will be paid back to the City. The total cost of the building and equipment for this project is 4, 265, 000. All of our $2,000,000 will be going to purchase the property. Goodwill not only's going to pay back this loan in the next 20 years, but it also guarantee that they will have 200 new full-time jobs will be created in the next two years, and 400 jobs in the next four years. Currently, Goodwill's workforce does have 1,362 city residents; 31 percent from District 1; 20 percent from District 2; 10 percent from District 3; 8 percent from District 4, and 31 percent from District 5, and we are recommending the transfer of these funds. Commissioner Winton: So moved. Vice Chairman Gonzalez: Second. Commissioner Allen: Discussion. Chairman Sanchez: Discussion. Commissioner Allen: Yes, Mr. Chairman. If you may recall, Barbara -- Madam Barbara, we've been -- you've been so helpful. We've been discussing these items. One of my concerns is that my staff -- we've done a great deal of research in this issue -- with respect to this issue, and I City of Miami Page 62 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 look at one of the line items that's being transferred It would appear to me, if you will, the 1,015 ,000, which probably initially slated for a -- some sort of capital improvement program or infrastructure, District 5, and I do believe that money may have laid dormant for maybe perhaps two years. My concern is is that a lot of these projects in my district have been, for some reason, laying dormant; nothing's happened; therefore, the money is either recaptured or transferred, and as such, again, the projects linger and there's no funding, so what I need to do with respect to this particular -- this is a reso, correct? Ms. Rodriguez -Gomez: Correct. Commissioner Allen: Yeah. 1 need to modem this reso, to some extent because, again, my concern is the several infrastructure projects for District 5 to make sure they get off the ground, and having said that, let me just modem this and hopefully, I can get a guarantee for the 2005 CDBG allocation that this $1, 015, 000 is taking off the top from the allocations from any CDBG funds going to District 5 for capital improvement projects, and if any other funds become available sooner, then of course, we can, of course, capture those funds at the closing of certain contracts designated for District 5, and in addition to that, obviously, I spoke -- I've spoken to you before. I made this issue -- well, this was a germane issue earlier this morning with CIP ( Capital Improvement Program). I suggested we all sit down, with respect to the capital improvement, as well as with CD, to make sure they begin the procurement process relative to these particular projects, so that we won't run afoul of any HUD (Department of Housing and Urban Development) regulation issues so these projects can get up and moving, and so that's my position. I suggest that we ensure that the start date, with respect to these projects, be by October 1st of 2005, and the beginning of the 205 [sic] CDBG contract year, so that my projects will be ready to start and get moving, so I'm sure that you're in agreement with that, Madam -- Ms. Rodriguez -Gomez: I think that the Commission would have to approve that modification. Commissioner Allen: Yeah. Ms. Rodriguez -Gomez: We don't have a problem. Commissioner Allen: Right. Chairman Sanchez: OK Further discussion. Vice Chairman Gonzalez: Mr. Chairman. Chairman Sanchez: Vice Chairman Gonzalez, you're recognized. Vice Chairman Gonzalez: Yes. It's very important that we clear the record for the benefit of Commissioner Allen, who's just come in new to this Commission. This portion of District 5 used to be District 1, and this amount of money that was allocated for this street was my initiative, and when we were forced by Florida Statute to move the districts around, I had to give part of my district to Commissioner Teele, and when I agreed to give that portion of my district, 1 told him, I'm going to give you this portion of the district, but whatever money I had assigned for these projects, I'm going to leave on those projects. I don't care if it's my district or not anymore . We're working to benefit the entire City, and in some issues, we cannot be particular of one block or one sidewalk block or one street, so that was the deal at the time. As you said, Commissioner Allen, the money has been sitting dormant and we are at a risk of losing the money because HUD will recapture the money if we don't use the money now, so -- but before, when this was brought to me, one of my questions was, what is going to happen with those streets that were in District 1 before and are in District 5 now? And I asked the Manager, can you give me assurances that these streets are going to be done on the next allocation of CIP monies, or CDBG money, or whatever funds available to do the streets? And that was a compromise that, City of Miami Page 63 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 yeah, we will assign this money to Goodwill project now, which is, by the way, is a very important project. It's going to create around 600 new jobs for this community, and the entire City of Miami -- or people from the entire City of Miami are going to benefit because, as Ms. Rodriguez said, you know, people from different districts work at Goodwill. In addition to that, the work that Goodwill does for handicap people is marvelous. I mean, we -- you know, anybody that wants to know what Goodwill does in this community, all has to do is just go to Goodwill and, you know, walk through the premises and to the plant and see what they do there. I mean, you know, they are to be commended everyday for the work that they do, so -- in fact, I make sure that these streets are going to be done and these sidewalks are going to be done, and I think this is the proper thing to do at this time with this money. Before losing the money, let's put the money to work -- Commissioner Allen: I agree. Vice Chairman Gonzalez: -- and to help the City and the needy people in our community. Thank you. Chairman Sanchez: Commissioner Winton. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Winton: Commissioner Allen has asked a very specific question relative to getting an allocation of this same amount of money in the next CDBG thing, and I will tell you from where I sit, I'm -- and particularly, since you've now got an absolute focus on no longer allowing this money to just sit around doing nothing, but you're going to put it to work, you have my support to the maximum. I would support the concept completely of that money, in the next CDBG round -- Ms. Rodriguez -Gomez: Yes. Commissioner Winton: -- being replaced so that you can put it to work in District 5. Commissioner Allen: Correct. Thank you. Vice Chairman Gonzalez: All right. Commissioner Allen: Thank you. Ms. Rodriguez -Gomez: So you need to modify the resolution. Chairman Sanchez: OK. Well, the resolution -- there's an amendment to the resolution -- Ms. Rodriguez -Gomez: Correct. Chairman Sanchez: -- placed by Commissioner Allen. Does the maker of the motion and the second accept the amendment? Commissioner Winton: I forget who made it and who second it. Ms. Rodriguez -Gomez: Gonzalez and Winton. Vice Chairman Gonzalez: You made it. City of Miami Page 64 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman Sanchez: Commissioner Winton made it -- Commissioner Winton: Yes, 1 do. Chairman Sanchez: -- and Vice Chairman Gonzalez -- Vice Chairman Gonzalez: And I accept the amendment. Chairman Sanchez: -- second it. Both of you do -- do both of you accept the amendment? OK. Commissioner Winton: Absolutely. Chairman Sanchez: Any further discussion on the item? Did I open up the public hearing on this one? Ms. Rodriguez -Gomez: I don't think you did, but -- Chairman Sanchez: All right. It's a public hearing. Anyone from the public wishing to address the Commission on this item, please step forward and be recognized. Yes, sir. Sir, please state your name and address for the record. Dennis Pastrana: Dennis Pastrana, 2121 Northwest 21 st Street. I am the president of Goodwill Industries. Mr. Chairman, members of the Commission, we want to thank you for considering this request. This is part of a very large plan that Goodwill Industries have to create 400 jobs that will be used for employment training. We estimate that in the next eight to ten years, these 400 jobs will help us place anywhere between 8 and 10,000 people in competitive community employment. Now, our goal is to target the population within a three-mile radius of Goodwill Industries. We have 267,000 people that live with an average per capita income of $10,800; that is, 34 percent the poverty level, so that is the population we are targeting. Thank you. Chairman Sanchez: Thank you. Vice Chairman Gonzalez: Thank you. Commissioner Allen: Thank you. Chairman Sanchez: All right. The public hearing is now closed. No further discussion or debate on the Commission? It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.12 04-01278 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE TOTAL AMOUNT OF $100,000, FROM THE AGENCIES AND IN THE AMOUNTS AS SET FORTH ON THE LIST, ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS TO THE RAFAEL HERNANDEZ HOUSING & ECONOMIC DEVELOPMENT CORPORATION TO PROVIDE TECHNICAL ASSISTANCE TO INDIVIDUAL BUSINESSES WITHIN THE WYNWOOD ART COMMUNITY AND CREATE JOBS FOR RESIDENTS CITYWIDE; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID City of Miami Page 65 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 AGENCY. 04-01278-exhibit 1. pdf 04-01278-exhibit 2 - PSA.pdf 04-01278-public notice.pdf 04-01278-worksheet.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0759 Chairman Sanchez: We move on to PH.12. Barbara Rodriguez -Gomez (Director, Community Development): PH.12, we are requesting the transfer of $30, 000 from the Edgewater Economic Development Corporation from the 29th Year. They closed their doors. From $50, 000 from Small Business Center 29th Year. They've closed the doors; $20, 000 from the 30th Year Economic Development District 1 reserve, and to fund the Rafael Hernandez Housing and Economic Development Corporation for $100, 000 to provide technical assistance to individual businesses within the Wynwood art community and create jobs for citywide residents. Commissioner Winton: So moved. Vice Chairman Gonzalez: Second. Chairman Sanchez: OK. It's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, seeing none, the public hearing is closed. There's a motion and a second. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Ms. Rodriguez -Gomez: Thank you. Chairman Sanchez: Thank you so much. City of Miami Page 66 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 ORDINANCES - SECOND READING SR.1 04-00740 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE VI/SECTION 62-159 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING AND PLANNING FEES/WAIVER OF FEES," TO ALLOW FOR WAIVER OF VARIANCE FEES IN INSTANCES WHEN A VARIANCE IS SOUGHT BY AN OWNER AT THE WRITTEN REQUEST OF THE CITY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00740-cover memo.pdf 04-00740-Javier Fernandez letters.pdf 04-00740-Teresita Fernandez letters.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12614 Chairman Sanchez: OK. PH.7 through PH.12 is time certain at 3 o'clock We'1l go over to SR.1 Mary Conway: Mary Conway, CIP (Capital Improvement Project) and Transportation. SR.1 is an ordinance amending the Code to allow for a waiver of variance fees in a very limited and specific instance, when a variance is sought by a property owner at the written request of the City expressly for City benefit, and more specifically, this relates to the Dupont area project, and a request by the City for a dedication of land in association with a Major Use Special Permit that required a variance for the development project. Chairman Sanchez: Thank you. Is there a motion? Commissioner Winton: So moved. Chairman Sanchez: There's a motion -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- by Commissioner Winton, second by Vice Chairman Gonzalez. It's a public hearing. It's an ordinance, second reading, requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be heard Seeing none, hearing none, the public hearing is closed It is open for discussion. Hearing none, Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. City of Miami Page 67 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Ms. Thompson: The ordinance has been adopted on second reading, 4/0. SR.2 04-01136 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55/SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONSNACATION AND CLOSURE OF RIGHTS OF -WAY AND PLATTED EASEMENTS BY PLAT" TO ELIMINATE THE TIME RESTRICTIONS FOR SUBMISSION OF AN APPLICATION FOR THE ALTERNATIVE METHOD FOR CLOSURE OF ALLEYS ABUTTING PARCELS OF LAND ZONED R-1 AND/OR R-2; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-01136-cover memo.pdf 04-01136-budgetary impact.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Allen Absent: 2 - Commissioner Gonzalez and Regalado 12615 Chairman Sanchez: OK We move on to SR.2. It's also an ordinance on second reading. Commissioner Winton: So moved. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion and a second Motion by Commissioner Winton, second by Vice Chairman Gonzalez. It is a public hearing. Anyone from the public wishing to address this item, please step forward. Hearing none, seeing none, the public hearing is closed, and it is open from discussion in the Commission. I do have some discussion. This is on the alleyways, correct? Stephanie Grindell (Director, Public Works): Correct. This is on the modified process, R-1, R-2. Chairman Sanchez: Right. Well, at one time -- Priscilla A. Thompson (City Clerk): I'm sorry. We need a name for the record, please. Ms. Grindell: I'm sorry. Stephanie Grindell, Director of Public Works. Chairman Sanchez: Thank you, Madam Clerk. On this item, there was a -- there was one time where we addressed this concern on the alleyways, and one of the biggest concerns that we had was the $2, 000 that was being asked for the Planning and Zoning application process. Of course, that was through a resolution -- through an ord -- through legislative action; we waived that, and I just want to go down through the numbers now, exactly what it's going to cost, because apparently, the administration thought there was going to be a mad rush to have all the residents come forward and start the process to close the alleyways and, apparently, only three people applied, right? And this -- Ms. Grindell: Right. Chairman Sanchez: -- basically extends the process -- City of Miami Page 68 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Ms. Grindell: So that it can be done year-round. Chairman Sanchez: Year-round, OK, but there's certain issues -- I want to specifically get down to exactly how much is it going to cost somebody to close their alleyways and apply for the entire process? Ms. Grindell: That depends on whether it's a private alley or a public alley. If it's a public alley, the application fee is $500. Chairman Sanchez: Right. Ms. Grindell: And then, in addition, there's a recording fee that ranges between 20 and $30 a property, so it would depend on how many properties are located along that alley, so, you know, for example, if you had an alley that was abutted by four properties, it would be four times 20 to $30, plus the $500. Chairman Sanchez: OK, and how about if it's a private -- Ms. Grindell: If it's a private alley, it's a little different because they still have to have a survey. That's not a City fee, but it's a requirement to submit, and that -- the range of the prices for the outside surveyor can range anywhere between, you know, $1,000 to maybe $3,000, depending on how complicated it is and how many properties are along it. Chairman Sanchez: Earlier today, we discussed on the illegal units. Let me just add -- and I speak from experience in my district -- a lot of areas in my district have alleyways. Apparently, that was the old way, where things were delivered- your trash was picked up. It was the old way. What we have now is that we have a lot of sort of like guest houses, but really aren't guest houses in the back alleyways, and you're having a lot of these individuals that get to their so-called studio or apartments through the alleyways, and although I consider it a plus, because one, we're going to do away with a lot of the illegal units. Second is, you're going to do away with a lot of opportunity for criminal activities through these alleyways that exists, and you're also going to allow people who are doing stuff now that are illegal to put a shed and stuff by giving them five feet. Maybe those five feet -- we could require five feet setback for them to, one, add a pool, add a shed to their house, or do stuff legally in the process, so I am 100 percent in favor of this, and let me just state that we need to do more to get the public aware of it. Maybe the three people that showed up was by word of mouth. We need to put it on Net-9. We need to publicly and put the word out through the homeowners association that people need to apply for the process. Now, here's one other question that I have that just came to my mind. Is it the first year that we're going to give them free, and then the next year, we charge them taxes for the property? Was that an issue that was discussed or, right off the bat, you're going to charge them for the property? Ms. Grindell: I'll tell you, 1 can't answer that. I'm not sure. Chairman Sanchez: Well, that's a very important question. Commissioner Winton: I'm going to guess that's a County Tax Assessor's issue. Chairman Sanchez: Right. Are they -- what's going to happen -- Commissioner Winton: Not ours. Chairman Sanchez: -- with that? Are they automatically to be -- it's fine with me. 1 mean, but 1 think they need to know that. City of Miami Page 69 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Vice Chairman Gonzalez:: They're going to be taxed more. Chairman Sanchez: They're going to -- of course, they're going to be taxed more; they're going to have more property. It's OK with that. I'm not going to -- Vice Chairman Gonzalez: They're going to have more property. Chairman Sanchez: They're not going to debate that, but right off the bat, once they apply for the process in the next billing that they get -- Vice Chairman Gonzalez: And in addition to that, you know what? A lot of people are going to solve the problem of encroaching and setback that it's going to be taken care of automatically, once they can add another five feet to the -- Commissioner Winton: Based on my experience with the Tax Assessor's Office -- and the more we talk about this, the more you -- but they don't necessarily catch it. Chairman Sanchez: Yeah, but don't get -- Commissioner Winton: So -- Chairman Sanchez: -- don't get me wrong. I'm full -- I'm 100 percent support of this. I think it's -- this is another action to help our residents and, in many ways, you know, we take the burden off of them for maintaining those alleyways, because the biggest concerns that we have at one time, we were knocking on their doors fining them for having to cut their -- the alleyways, and they were saying, "Well, that's not my property; why should I cut it? That's City property," so it was a justifiable argument in that case, so, you know, it's -- I think it's a step in the right direction on that issue, so I don't have any further debate on it. Does anyone else want to add to it? I just think we need to -- Commissioner Winton: Didn't want to add to it to begin with. Chairman Sanchez: Well, we need to clam it because a lot of the questions are going to be asked on this item. OK. This is a public hearing. The public hearing was closed and it was for debate. Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: 1 knew there was something else. I knew there was something else. Before - - Madam Clerk, before you do roll call, how about if you have R-Is or R-2s, and then you have an R-3? Ms. Grindell: The modified process only works for R-1s and R-2s abutting the alley. Commissioner Allen: Wait, wait. Speak up. Chairman Sanchez: But in some cases -- well, here you go. I'm telling you, 1 know about this because we studied it, because we know we're going to get bombarded with it. Commissioner Winton: Bombarded with what? Commissioner Allen: Wait. Chairman Sanchez: With questions such as this one. R-3 -- let's say you have a block -- City of Miami Page 70 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Commissioner Winton: Well, there's an answer. Chairman Sanchez: -- with R-1 and R-2 and you have an R-3. Commissioner Allen: Right. Chairman Sanchez: And you could have an R-3 -- Ms. Grindell: Then it does not qual j for the modified process. Commissioner Winton: Right. Chairman Sanchez: So then you have the alleyway closed for the R-Is, R-2, and that R-3 will not be able to -- OK. All right. Well, that's fine. Madam Clerk, roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. SR.3 04-01165 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "ADMINISTRATION/DEPARTMENTS/ PUBLIC WORKS DEPARTMENT," TO PROVIDE FOR A NEW PARAGRAPH TO SECTION 2-267 ENTITLED "SAME -ENUMERATION," TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE AND ISSUE LICENSE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH WILLING PROPERTY OWNERS FOR MINIMAL IMPROVEMENTS TO THEIR PROPERTY WHEN REQUIRED IN CONNECTION WITH RIGHT-OF-WAY IMPROVEMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-01165-cover memo.pdf Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Allen Absent: 2 - Commissioner Gonzalez and Regalado 12616 Chairman Sanchez: All right. Then we go to FR. 1. Commissioner Winton: SR.3. Jorge L. Fernandez (City Attorney): SR.3. Priscilla A. Thompson (City Clerk): SR.3. Commissioner Allen: SR.3. Wait. I'm sorry. Commissioner Winton: Move SR.3. City of Miami Page 71 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Commissioner Allen: Yes. Chairman Sanchez: There's a motion for SR.3. Commissioner Allen: Yes. I move SR 3, Mr. Chairman. Chairman Sanchez: There's a motion for SR. 3 and a second. Motion was made by Commissioner Allen, second by Commissioner Winton. Before we open it for a discussion, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be heard. Seeing none, hearing none, the public hearing is closed. Commissioner Allen, you're recognized. Commissioner Allen: No. No questions. Chairman Sanchez: No questions, OK. No further discussion. Mr. City Attorney, read the ordinance on first reading. Commissioner Winton: No, that's second reading. Mr. Fernandez: Second. Chairman Sanchez: Second reading? Mr. Fernandez: Final. Yes. Commissioner Allen: Second reading. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. City of Miami Page 72 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 ORDINANCES - FIRST READING FR.1 04-01055 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING THE CITY OF MIAMI ("CITY") CAPITAL IMPROVEMENTS PROGRAM'S 2004-2005 MULTI -YEAR CAPITAL PLAN, ATTACHED AND INCORPORATED, AS REQUIRED BY SECTION 163.3177, FLORIDA STATUTES (2004) AND CHAPTER 18, ARTICLE IX, DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO SET FORTH THE CITY'S FISCAL NEEDS FOR CAPITAL IMPROVEMENTS, SUBJECT TO AN ANNUAL REVIEW OF SAID CAPITAL PLAN TO DETERMINE PROJECT PRIORITIES AND TO MODIFY FUNDING ALLOCATIONS, AS NECESSARY. 04-0105 5-exh i bit. pdf 04-010 55-exhibit 1. pdf 04-01055-exhibit2.pdf 04-01055-exhibit3.pdf 04-01055-exhibit4.pdf 04-01055-exh i bit6. pdf 04-01055-exhibit8.pdf 04-01055-budgetary impact.pdf 04-01055-cover memo.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0741 Chairman Sanchez: All right. Moving right along, we go to FR. 1. It's a resolution. Mary Conway: Mary Conway, CIP (Capital Improvement Project)/Transportation. FR. 1 and then also FR.2 are presenting the City's Capital Improvement Plan, and then the ordinance that will actually make the appropriations for the current budget year. Jorge Cano, the CIP Deputy Director, and Pilar Saenz and his staff worked very hard with other City staff in putting together this document. Jorge is going to make a brief presentation, and we'll both be available for any questions regarding these items. Commissioner Allen: Great. Chairman Sanchez: OK. Jorge Cano: Good morning. Jorge Cano, Deputy Director, Capital Improvements. Mr. Chairman, Commissioners, we're pleased to submit for your review and consideration the City of Miami's Capital Improvement Program for 2004 and 5 and Multi -Year Capital Plan. You had previously received copies of the capital plan itself We have a total of 674, 000, 000 in projects available -- in funds available for capital improvement projects. The way the plan is laid out in section I, you've got the overview, and the plan itself is divided into five program areas that support the City's Strategic Business Plan. The five areas are public safety, where we have 67, 800,000 in funded projects; recreation and culture with $I55, 000, 000; infrastructure and environment, with $388, 000, 000. The $388, 000, 000 come from multiple sources, including FEMA (Federal Emergency Management Agency), state funds, transportation funds, and I would City of Miami Page 73 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 like to read into the record that we do have a proposed transportation bond pending, and the transportation bond program's going to consist of the anticipated 2005 issuance of City of Miami special obligation bonds that are going to be secured by the following recurring revenue sources : Transit half -cent surtax, local option gas tax, and parking surcharge for the purpose of advancing a comprehensive, multi year street maintenance program for projects that have been previously identified. Based on existing and projected recurring revenue sources, preliminary analysis conducted by the City's Financial Advisor indicates that approximately $150,000,000 of bond proceeds could be derived from this initiative. This capital plan identifies transportation projects through which the funding will not be available until the anticipated bonds are issued, and the transportation projects are going to address infrastructure maintenance, transportation improvements, as outlined above, and that includes street and right-of-way improvements, maintenance, reconstruction, sidewalk repair and replacement, traffic signs, traffic engineering, signalization and pavement marking, drainage improvements and repairs, bridge repairs, and ADA (Americans with Disabilities Act) accessibility. The fourth section within the various program areas in the plan is the community and economic development, with $26, 900, 000 and finally, the general government and services area, with close to $36,000,000 in fends. Section 2 of the plan provides details, by department, of all the funded, partially funded and unfunded projects so you're able to see the "B" number, the project number, the description, and the amount that it's fended. Section 3 is the Homeland Defense Neighborhood Improvement Bond project section, and the section provides an overview of the Homeland Defense program, the appropriations, program -to -date expenditures, which, through September 30, are $23, 000, 000. Of this, approximately $18, 000, 000 have been spent within the last 12 months. We want to point out that we're totally committed to advancing the homeland defense projects, and we're doing it through a number of ways. Force or aggressively issuing work orders to consultants that were previously secured -- Commissioner Allen: Mr. Chairman, if 1 may? Chairman Sanchez: Yes, sir. Commissioner Allen: You're saying a great many operative things, and 1 don't want to disrupt your train of thought, but you just said 23, 000, 000 is the first drawdown from the Homeland Defense? Mr. Cano: That's how much has been spent -- Commissioner Allen: Spent, right. Mr. Cano: -- program -to -date. Commissioner Allen: And you said 18,000 --18,000,000. Mr. Cano: Of which 18, 000, 000 have been spent in the last 12 months. Commissioner Allen: Right. Can you sort of quanta that? Has that been spread out sort of appropriately or evenly among the five districts, or could you sort of just expound on that? Mr. Cano: 1 could pro -- I don't have that readily available, but I could provide that information to you. There's projects in all of the districts. Commissioner Allen: Yeah. OK. Mr. Cano: Now, the exact breakdown, 1 don't have infront ront of me right now. Commissioner Allen: So, but a ballpark figure, proportionately, would you be able to, at this City of Miami Page 74 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 juncture? Mr. Cano: 1 don't have that right with me, but I'll be happy to provide it on short notice. Commissioner Allen: OK. All right. OK. All right. Go ahead, continue. 23, 000, 000. Mr. Cano: OK, so as I was saying, we were aggressively pursuing advancing these projects by issuing work orders to 56 -- to as many as 56 consulting firms that we've procured through the CCNA (Competitive Consultation Negotiation Act) process for projects that are a million or under. For projects that are a million or more, we go through the RFQ (Request For Qualification) process to procure the services. Also, one of the things that we're doing, we had as much -- we identified as many as $12, 000, 000 in series 1 funds that were associated with projects that were not as advanced currently, so we're swapping that with second series funds in order to advance a lot of Parks projects and putting them into the design phase. As many as 20 park projects -- we're touching buildings -- are going to be able to be advanced in the design and some construction as a result of some of the swaps that we've identified. Commissioner Allen: OK. If I may. OK. Pursuant to those swaps, are you putting most of this stuff out for bid, in other words? It's -- these parks that you're speaking -- Mr. Cano: This is for -- mostly, we're using a lot of the money for issuing work orders for design Commissioner Allen: Design. Mr. Cano: -- and park projects, yes, sir. Commissioner Allen: OK. Chairman Sanchez: And infrastructure. Mr. Cano: And infrastructure, yeah. Commissioner Allen: And infrastructure, right. OK. Chairman Sanchez: All right. Mr. Cano: OK. Section 4 of the plan addresses funding, the various funding sources, and you're able to look by funding source, detail and summary reports so that you can see how much there is by the many funding sources that we have. Section 5 covers all of the district projects. There's a section for each district, and each section has three maps; one map shows all of the non -road construction projects, including parks, fire stations, and other public facilities; another map shows the maintenance -- the road maintenance projects that are planned for each of the districts and the dates, and includes a rating of the roads based on a very comprehensive analysis of the condition of the roads, and the third plan -- map shows the different road construction projects that are non -road maintenance, and you can also see the information in detail. In addition to that, in each of your sections, you have a list of all of the projects, and the status and what phase they're in. Section 6 of the plan is the appendix; 7 shows some additional maps for general reference, including citywide flood mitigation projects, which is an area that we're very aggressively pursuing, primarily in the west end of the city, which has most of the flood -prone neighborhoods, and also Liberty City drainage projects that we're funding with FEMA projects, and finally, in Section 8, we have an index to the projects by departments, so you're able to see, by department, where the projects are. Chairman Sanchez: OK. This -- there was -- we didn't have a motion, so -- any questions? OK, City of Miami Page 75 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 can we have a motion and a second for the purpose of discussion? Commissioner Winton: I'll move F-- Vice Chairman Gonzalez: Yeah, 1'!! -- Chairman Sanchez: There's a motion -- Commissioner Winton: -- FR. 1. Chairman Sanchez:: -- by Commissioner Winton, second by Vice Chairman Angel Gonzalez, for the purpose of discussion. Vice Chairman Gonzalez: For discussion. Chairman Sanchez: Vice Chairman, you're recognized. Vice Chairman Gonzalez: About a month and a half ago, we met in my office and we went through the plan, CIP plan on streets in District 1. Mr. Cano: Yes, sir. Vice Chairman Gonzalez: And I addressed some changes -- Mr. Cano: Yes, sir. Vice Chairman Gonzalez: -- on your plan -- Mr. Cano: That's right. Vice Chairman Gonzalez: -- based on my knowledge of the streets in my district. Mr. Cano: Correct. Vice Chairman Gonzalez: And you have -- your office had given priority to other streets that were not on the conditions of -- that were not the worst street in the district, so -- and you told me -- you promised me that you would come back with a plan, and have you -- Mr. Cano: We have switched -- the two projects that we spoke about, we changed the years, because they were approximately $4, 000, 000 each, so it was an even swap, so that -- we've done that in our plan. Vice Chairman Gonzalez: All right. Also, I talked to you about 22nd Court, between Northwest North River Drive and 20th Street. I've been asking about this project for the last -- probably the last year. Have you found out anything about that project? Ms. Conway: Commissioner, Mary Conway. Yes, we have, and there's actually another item that's on the agenda today requesting approval for a piggyback on a Broward County contract with Weekly Asphalt that we intend to be able to use for that particular street. Vice Chairman Gonzalez: OK, so -- at the last meeting -- I think it was the last meeting or the meeting prior to that, we were talking about piggybacking in Miami Beach. Now we're going to the County? Ms. Conway: For this one particular contract that has a very broad pay item base, we want to City of Miami Page 76 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 have it as another avenue, so that we'll be able to price projects with the JOC (Job Order Contract) that we have from Miami Beach right now, price projects against the Weekly Asphalt contract, and then based on availability and cost competitiveness, be able to use either of them as a potential avenue. In addition, we met yesterday afternoon. We have packaged our own JOC contracts for streets to be able to use, citywide, to bring on a pool of street/road building contractors. We envision -- we're reviewing those documents right now to make modifications, and we envision, by January, to be able to advertise our own Job Order Contract for streets, as well as our own Job Order Contract for vertical construction, park construction. We'll be doing outreach to industry over the next month or so to make sure that they're educated about the job order contracting method, and that they're aware so that the interest will be there when the advertisements go out, again, probably in January. We're requesting the Weekly Asphalt contract to have it as a bridge to allow us the time to put out our own Job Order Contracting books for streets and for parks. Vice Chairman Gonzalez: You know, let me tell you, 1 don't have any problems with you piggybacking on the County or anywhere else, but one thing that really concerns me is that one of the highest cost on this project is the mobilization costs, and that is an aspect that I would like you to take a look at very seriously, how much is it going to cost us on mobilization, on bringing companies from Broward County to work in the City. I know that we have very bad experiences with maybe a couple of contractors doing work for the City on the streets, and I can speak by experience, but I cannot understand that there -- isn't any good paving and road construction company in the City of Miami that employ people from the City of Miami, and taxpayers of the City of Miami that can do some of these projects. Maybe the reason that we had those problems is that we tried to find the cheapest company to do the work, and sometimes the cheapest company is not the best company. One thing that I would like -- and it's only me talking; one vote, one Commissioner -- but I think that we need to research on the same level of cost -- you know, if we're going to be paying "X" amount of money to Broward County -- to contractors in Broward County or on Miami Beach, maybe we can find companies within the City of Miami that, at the same level of cost, can do the work for us, and that way, we'll be providing jobs to our people, to minorities in our city, and to people in our city; companies that pay our taxes, that pay our licenses, that help support our city, so you know. Ms. Conway: If 1 might -- Joe Arriola (City Manager): Commissioner -- let me jump in here for a second. In the case of Weekly Asphalt, and case of some of the people that we're -- job contract we're only approving a contract that was approved by those cities and those County. That doesn't mean that those people are located in Broward County or in Miami Beach. As a matter offact, 1 don't think a single of the companies that we approved from the job contract of Miami Beach is located in Miami Beach. Vice Chairman Gonzalez: All right. Mr. Arriola: It just so happen that the contract is what we've -- Vice Chairman Gonzalez: Is with Miami Beach. Mr. Arriola: Miami Beach, but those companies -- as a matter offact, I know for a fact in JOC, that not a single one of them is in Miami Beach. Vice Chairman Gonzalez: OK. Mr. Arriola: I don't know about the Weekly Asphalt. It's just the actual contract what we approved, but they have nothing to do where they reside. City of Miami Page 77 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Vice Chairman Gonzalez: And let me tell you, another thing that I want to add -- I'm going to be quick because 1 know we have a big agenda -- one thing that I want to make sure, so I don't have to live through the same experience that 1 had to go through for the last eight months, OK, that these contractors that you employ to do our streets and sidewalks, that they're bonded, that they're clauses on the contract, that we can suspend their contract, fire them, and move another contractor to do the right type of job that the citizens of Miami deserve, you know, because with this company, we have been back and forth and back and forth. We're going to fire them. We don't fire them. We can fire them. We cannot fire them, and you know, who is suffering? I'm not suffering. You're not -- I'm suffering politically. You're not suffering because you don't live in the district or on the streets that have been done, but the City of Miami residents that are going through that bad experience are the ones that are suffering day and night, OK, and it's good to build streets; it's good to build sidewalks, but let's do it professionally. Let's find people that can do it professionally, all right. Thank you. Commissioner Allen: Quick question, Mr. Chairman, before we move on. With respect to Commissioner Gonzalez's concern about the paving contract, although we're not addressing that issue, per se, what type of efficiency gain are we receiving from this? I'm just curious. Is it a time sensitive matter? What type of efficiency gain is being accomplished here? Ms. Conway: Well, we're certainly getting competitive prices based on a competitively bid contract. Commissioner Allen: Right. Ms. Conway: But the primary reason is a time gain. Commissioner Allen: OK. Ms. Conway: It's a time gain to allow us to get our own street Job Order Contracts in place, and if I just might add, the issue about City of Miami employment is an issue that was discussed at the last Commission meeting, and it is being addressed in the front-end documents to layout requirements regarding employing City of Miami residents. The issue of actual contractors being within the City of Miami for the vertical and park construction, that's an emphasis we can make for the road building. The actual physical company locations in the plans tend to be in the western portions of the County, in the industrial areas, but we are addressing the local employment issue in the front-end documents. Commissioner Allen: And one last quick -- I'm sorry. Yeah. One quick question, as well, Mr. Chairman. This is in line of the report that was just provided. Clearly, my district needs to work with you ASAP (as soon as possible) with respect to a number of projects that you guys have delineated in the overall plan. My concern is that a lot of those line items have future, future, future -- I don't even see any of these projects having been placed out to bid -- so we need to do something about rolling out a great many of these projects, Quality of Life; simple projects, such as street improvements in my district, so we need to work about -- work on this as soon as possible, starting next weep ASAP, please. Ms. Conway: Yes. We met with your staff this morning, and we'll be meeting with them again next week. Commissioner Allen: OK. Thank you. Chairman Sanchez: Anyone else? All right. Let me just -- being the Chair, I'm always last. You know, it goes back to saying, you know, we got the bonds approved. Now, what do we do with millions and millions of dollars in projects? And I could tell you that it could be very frustrating at times. Every Commissioner here has had a bad experience or the other, and that's to say, but City of Miami Page 78 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 I'll tell you something about this legislation, and basically the concept of it. Infrastructure may not be as exciting as a baseball stadium or a skyscraper, but it is a very important factor of any, any community. This is, by far, 1 consider one of the most important legislative piece that we're going to take in the next couple of years. We have now, for the -- first of all, in previous years, before we got here, I think the administration's neglected for a variety of reasons -- maybe not having the funds to do it or they had the funds but basically neglected to do that -- we have a perfect opportunity here today to rebuild the public spaces brick -by -brick in our community, based on the legislation, but once again, the burden will fall on you and ourselves to make sure that we do it and we do it right, and I know that myself and all the Commissioners here, with the administration, are going to work with you to make sure that it's done. Thank you. OK Moving on. Did -- that was -- Priscilla A. Thompson (City Clerk): It's a resolution, so you just need a roll call, please. Chairman Sanchez: OK. It's a resolution. We don't need a roll call. Ms. Thompson: I'm sorry. You just need a vote. Chairman Sanchez: OK. It's a resolution. We had -- who moved it? Ms. Thompson: It was moved by Commissioner Winton, second by Vice Chairman Gonzalez. Chairman Sanchez: Commissioner Winton, by Vice Chairman Gonzalez, OK No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Item FR.1 is a companion item to Item FR.2 FR.2 04-00994 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), MAKING APPROPRIATIONS FOR NEW CAPITAL IMPROVEMENT PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2004-2005 AND CONTINUING PREVIOUSLY APPROVED PROJECTS; APPROPRIATING GRANT FUNDS IN THE AMOUNT OF $564,968 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY INTO CAPITAL IMPROVEMENTS PROJECT NO. 311717, ENTITLED: "FLEET MAINTENANCE GARAGE WIND RETROFIT" AND GRANT FUNDS IN THE AMOUNT OF $5,000 FROM THE UNITED STATES TENNIS ASSOCIATION INTO CAPITAL IMPROVEMENTS PROJECT NO. 333109, ENTITLED: "BRYAN PARK IMPROVEMENTS;" AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANTS AND TO EXECUTE ALL NECESSARY DOCUMENTS, FOR SAID PURPOSES, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00994-cover memo.pdf 04-00994-budgetary impact.pdf 04-00994-legislation.pdf 04-00994-exhibit.pdf 04-00994-Additional-backup. pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. City of Miami Page 79 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: We do have a companion. 1 think FR.2 is a companion item? Commissioner Winton: Yes, it is. Chairman Sanchez: FR.2 -- Commissioner Winton: Move it. Chairman Sanchez: -- is a companion item, but FR.2 -- Commissioner Regalado: Second. Chairman Sanchez: -- is an ordinance. There's a motion by Commissioner Winton, second by Commissioner -- Commissioner Regalado: Second Chairman Sanchez: -- Regalado. It's a ordinance. It is a public hearing. Anyone from the public wishing to address this item, please step forward. Hearing none and seeing none, the public hearing is closed. It is open for discussion from the Commission. Hearing no discussion, Madam Attorney, please read the ordinance. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Sanchez: All right. Madam Clerk, read -- roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Item FR.2 is a companion item to Item FR.1 FR.3 04-01233 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION SUNSETTING THE FOLLOWING BOARDS: BROWNSFIELDS ADVISORY BOARD, THE ECONOMIC DEVELOPMENT FINANCING AUTHORITY, THE INDEPENDENT COMMUNITY REDEVELOPMENT AGENCY, THE UNITED STATES HOUSING AND URBAN DEVELOPMENT FUNDING POLICY, PROGRAM AND PROCEDURES REVIEW COMMITTEE, THE PROPERTY AND ASSET REVIEW COMMITTEE, THE LITTLE HAVANA FESTIVAL COMMITTEE AND THE AFFORDABLE HOUSING ADVISORY BOARD; MORE PARTICULARLY BY AMENDING CHAPTERS 2, 18, 14 AND 54, OF THE CODE OF THE CITY OF MIAMI, FLORIDA , AS AMENDED, AS STATED HEREIN; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01233-cover memo.pdf 04-01233-Iegisl ation.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. City of Miami Page 80 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: All right. FR.3 is an ordinance on first reading, and I know that a lot of you are going to be very happy with sunsetting seven boards. This is just one step in the right direction. We'll be coming back offsetting a lot of these boards that are nonproductive and basically just hampering the process, so -- Vice Chairman Gonzalez: Move FR.3. Chairman Sanchez: -- there's a motion by Commissioner -- Vice Chairman Gonzalez. Is there a second? Commissioner Winton: Second. Chairman Sanchez: Second by Commissioner Winton. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be heard. Seeing none, hearing none, the public hearing is closed. We bring it back to the Commission for further discussion. Hearing no discussion from the Commission, Mr. City Attorney, read the ordinance into the record. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. FR.4 04-01242 ORDINANCE First Reading AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE BY AMENDING ARTICLE 6, MORE PARTICULARLY BY AMENDING SECTION 617.2.2.2 (1) (b) TO CHANGE THE AMOUNT CHARGED FOR PARKING FEES IN THE SD-17 OVERLAY DISTRICT, WHERE BONUS PARKING IS PERMITTED, FROM PREVAILING RATES FOR PUBLIC METERED PARKING IN THE VICINITY, AS ESTABLISHED BY THE MIAMI DEPARTMENT OF OFF- STREET PARKING TO A SET AMOUNT; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. 04-01242-cover memo.pdf REMANDED BACK TO PLANNING ADVISORY BOARD A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, to remand Item FR.4 back to the Planning Advisory Board Chairman Sanchez: All right. FR.4 is an ordinance on first reading. Is there -- Commissioner Winton: So moved. Chairman Sanchez: -- a motion? Commissioner Winton: Move it. City of Miami Page 81 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Vice Chairman Gonzalez: So moved. Jorge L. Fernandez (City Attorney): Mr. Chairman, before you get to that. As we reviewed this ordinance, we have determined that it would be appropriate for this Board, at this time -- for this Commission at this time, to refer this to the PAB (Planning Advisory Board) because it is, in fact, amending the text of the Zoning Ordinance. We believe that in order to be extremely prudent and do -- Chairman Sanchez: And that's -- Mr. Fernandez: -- things appropriately -- Chairman Sanchez: And that's based on your legal opinion? Mr. Fernandez: Yes, it is. Chairman Sanchez: OK, so what do we do? Do we need a -- Commissioner Winton: We need a motion. Mr. Fernandez: But then you direct -- Commissioner Allen: Need a motion. Mr. Fernandez: -- that this be -- Chairman Sanchez: All right. Mr. Fernandez: -- forwarded to PAB. Chairman Sanchez: Need a motion to -- Commissioner Winton: So moved. Chairman Sanchez: -- send it back to PAB. Vice Chairman Gonzalez: Second. Chairman Sanchez: There is a motion and a second to defer this back to PAB. 1t is open for discussion. Hearing none, the motion was made by Commissioner Winton, second by Commissioner Allen. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez.' Anyone in opposition, having the same right, say "nay." The motion carries, so D -- FR. 4 is deferred back to PAZ [sic]. City of Miami Page 82 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 RESOLUTIONS RE.1 04-01243 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 03-04-031, THAT THE FIRMS MOST QUALIFIED TO PROVIDE A MASTER PLAN FOR THE COCONUT GROVE WATERFRONT ARE, IN RANK ORDER: (1) SASAKI ASSOCIATES, INC., AND (2) EDSA, INC. ; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH SASAKI ASSOCIATES, INC . AND TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM, EDSA, INC., SHOULD NEGOTIATIONS FAIL WITH THE TOP -RANKED FIRM; DIRECTING THAT THE NEGOTIATED AGREEMENT BE PRESENTED TO THE CITY COMMISSION FOR CONSIDERATION. 04-01243-worksheet.pdf 04-01243-budgetary impact.pdf 04-01243-memo.pdf 04-01243-summary sheet.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-04-0742 Chairman Sanchez: We move on to RE. 1. It's a resolution. Commissioner Winton: Move it. Chairman Sanchez: There's a motion by Commissioner Winton. Vice Chairman Gonzalez: Second. Chairman Sanchez: Second. It is a public hearing. Ma'am, do you want to -- would you like to address this Commission on this item? Ms. Niemeyer: Yes, sir. Chairman Sanchez: Please step forward, state your name for the record and your address. Michelle Niemeyer: I'm Michelle Niemeyer. I live at 3053 Day Avenue, in Coconut Grove. I'm also the chairperson of the Coconut Grove Waterfront Working Committee. Our committee was formed by the Quality of Life Committee as a subcommittee organization to get to know as much as we could about the waterfront. We're also affiliated with the One Grove Alliance, which you may be familiar with. The One Grove Alliance is a grouping of a number of business and resident organizations in Coconut Grove that are working together to try to deal with issues important to the residents and businesses of the Grove. Our committees' comprised of residents of all parts of the Grove, including Dinner Key Marina. A number of us both live and work in the Grove, either working in or owning Grove businesses. We're very excited and want to thank you for the opportunity to have a quality planning process to do something very good with the Coconut Grove waterfront. We really see a great opportunity there. It's a beautiful space, and City of Miami Page 83 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 it's a space that obviously needs some attention and now, with these bonds, et cetera, it looks like we might have an opportunity to accomplish something there. Our priority is to ensure that there's extensive public participation, and the reason for that is because we believe that the extensive public participation will lead to the best result we can get, and we'll get all the people out there with their dfferent viewpoints; it'll get them involved in the process early, and by creating a consensus and the ultimate results through this planning process, we'll be at a point when the plan is presented to the Commission that the committee -- the community can come forth in favor of the plan instead of challenging the plan, like often happens with projects that are done through consultants here in the City of Miami. We've done a great deal of research regarding the waterfront planning in general. We saw the Mayor last week on the 5th or -- I'm sorry, on November 5th at the Urban Environment Leagues' presentation here. We've learned a great deal. We've also looked into information about all of the responding teams; looked at the work that those -- especially the primary team members had done in other communities. We independently met with those teams and asked them our own questions about their experience in dealing with communities in public participation projects, like this one, and as well as that, we called references that we were given, and in some circumstances, called people that were named by those references and got a feel for what other communities had experienced with these organizations. We discovered that the field of responding teams was truly an excellent bunch of teams, I have to say that. Every one of them is very well qualified, and we're extremely pleased with the first place ranking of Sasaki Associates. They do world -class work. They've won international awards, and they placed the public process at a very high level of emphasis in their work. You can see that -- if you get on their website or look at any information about their work -- in the fact that every project they've done appears to be different and appears to fit in with the community that it's done in. They're not doing cookie -cutter projects. They're working with those communities to find out what fits and to see what'll best benefit the community as a whole, as opposed to just seeing whether something will fit on a particular piece of land on the waterfront and whether that might be economically feasible without considering the rest of the community. We're concerned, however, about the second ranking of EDSA, and as you know, the resolution before you is asking you to give permission to the City Manager to negotiate with Sasaki, and in the event that that negotiation would fail, to then go to the second -ranked team, EDSA. Our concern about EDS team -- the EDSA's team comes from the presentations that were given. We believe that the structure of those presentations and the information that was provided to the Evaluation Committee gave a little bit of insight about the priorities of those teams, and at the presentation to the Evaluation Committee, EDSA's team emphasized its team's ability to deal with deed restrictions and to create public/private partnerships. There was very little emphasis on the public process, and it seemed that there may have been a preconceived disposition toward commercial development. We understand that there may be a need for some sort of aspect to this development to involve something that might help fund the park or continue to maintain it. However, there are a lot of opportunities to do that. There are a lot of ways it can be done, and as we go into this planning process, the priority should be on learning about the site, the needs of the community, and then taking that information and coming up with a plan that's best suited to work with the community. We're not sure we're comfortable with what we saw at that presentation. Because of that, we respectfully request that the Commission accept the first ranking of Sasaki, and give the City Manager permission to negotiate Sasaki. We have a -- we very strongly support that, and we're very hopeful that that negotiation will succeed, but if it does not, we'd like to ask the Commission to recommend that the Evaluation Committee reconvene to reconsider its ranking, if Sasaki's negotiations are not successful. Thank you. Chairman Sanchez: Thank you so much. OK. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, say "nay." Motion carries. I'm sure there will be alot of public input on this, and I'm sure the City Manager will work with all to try to get this done in the most professional manner as possible. City of Miami Page 84 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 RE.2 04-01244 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE STEERING COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL NO. 03-04-151, THAT THE FIRMS RECOMMENDED FOR NEGOTIATIONS TO PROVIDE ENTERPRISE RESOURCE PLANNING ("ERP") SOFTWARE SYSTEM INTEGRATOR CONSULTING SERVICES ARE, IN RANK ORDER: (1) SOLBOURNE COMPUTER, INC., AND (2) ANSWERTHINK, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE AN ERP SOFTWARE SYSTEM INTEGRATOR AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH SOLBOURNE COMPUTER, INC., THE TOP -RANKED FIRM, IN AN AMOUNT NOT TO EXCEED SEVEN MILLION DOLLARS ($7,000,000); ALLOCATING FUNDS FROM THE ERP CAPITAL IMPROVEMENTS PROJECT ("CIP") ACCOUNT CODE NO. 311613, THE OPERATING BUDGETS OF THE DEPARTMENT OF INFORMATION TECHNOLOGY, VARIOUS DEPARTMENTS AND AGENCIES CITYWIDE AND FROM VARIOUS CIP ACCOUNTS, SUBJECT TO BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM, ANSWERTHINK, INC., SHOULD SOLBOURNE COMPUTER, INC. AND THE CITY OF MIAMI FAIL TO IMPLEMENT THE AGREEMENT APPROVED HEREIN. 04-01244-worksheet.pdf 04-01244-City of miami RFP.pdf 04-01244-City of miami public notice.pdf 04-01244-Section 1. pdf 04-01244-Section2.pdf 04-01244-Section 3. pdf 04-01244-Section4.pdf 04-01244-Section 5. pdf 04-01244-Section6.pdf 04-01244-Section7.pdf 04-01244-Appendix A.pdf 04-01244-Appendix B.pdf 04-01244-Solbourne Oracle pg 1-108.pdf 04-01244-Solbourne Oracle pg 109-175.pdf 04-01244-Solbourne Team.pdf 04-01244-Solbourne Oracle pg 197-250.pdf 04-01244-Solbourne Oracle pg 251-324.pdf 04-01244-Solbourne process area.pdf 04-01244-exhibit.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-04-0743 Chairman Sanchez: OK. We move on to RE.2. RE.2, IT (Information Technology). Commissioner Winton: Move it. City of Miami Page 85 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman Sanchez: There's a motion by Commissioner Winton. Commissioner Allen: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. It is a resolution. Did you -- Commissioner Allen: Question. Chairman Sanchez: Why don't you just put something on the record. Commissioner Allen: Yeah. Chairman Sanchez: Commissioner Allen, you have a question? Commissioner Allen: Yeah. Well, I'll let you go ahead, first. Chairman Sanchez: Yeah, just put something -- I think -- Commissioner Allen: Yeah. Chairman Sanchez: Listen, as the Chair, I think that, out of respect for the Commission, the administration needs to put something on the record as to what the item is about, and just give something very brief. Peter Korinis (Chief Information Officer): Yes, sir. Chairman Sanchez: OK. Mr. Korinis: I'll be happy to -- Chairman Sanchez: Thank you. Mr. Korinis: -- Mr. Chairman. Peter Korinis, Chief Information Officer. This is a request authority to award a contract to build the City's new Enterprise Resources Planning system. It's the number two priority IT project that we've got going on. It's a redesign. The process is for finance for Purchasing, for Budget, for HR (Human Resource), for Payroll, and this will be the system that will help us move into the -- through the next decade and really improve our capabilities to manage the systems on those particular functional areas. You have previously approved this when you approved the purchase of the ERP (Enterprise Resource Planning) software last spring, and we brought a very similar resolution to you at that time, and at that time, you approved us going out with an RFP (Request for Proposal) to procure these services to build this system. When we got to proposals back, they were in the 9 to $10, 000, 000 range. We felt that was too high; we rejected it, and we reissued that proposal again. Now, this is the proposal we're bringing back to you. We have been negotiating and trying to reach agreement. We're very close to a final agreement. For example, yesterday afternoon, I think Commissioner Allen, you may be interested in a warranty -- Commissioner Allen: Yeah. Mr. Korinis: -- which I heard you mention before. Commissioner Allen.: Right. Mr. Korinis: Yesterday, at noon, when I briefed your staff, we did not have an agreed upon warranty. By the end of the day, we do have an agreed upon warranty period, so that's one of City of Miami Page 86 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 the last things that we had to do. We also have not agreed on the absolute final price, but it definitely will be not to exceed the $7, 000, 000. It'll be slightly less than $7, 000, 000. We lost three months in going through this rebid process, but we saved the City in excess of S2,000,000 by going through that. Now, we're getting close to some critical dates where it's very beneficial for us to be able to get this up and in operation by the end of the fiscal year. That's prior to this coming October. If we're unable to do that, we're very likely to incur additional costs as we transit and go over into the next fiscal year in some rework and that sort of thing, and those costs could be substantial , several hundred thousand dollars a month, if we have to extend the period, so that's why we're asking you today to consider this, and give the Manager permission to finish the one or two items we have left to do on the negotiations, and then permission to execute. Chairman Sanchez: All right. There's a motion and a second. Commissioner Allen, are you satisfied with -- Commissioner Allen: Yeah, he answered the warranty question. Chairman Sanchez: OK. Commissioner Winton. We're prepared to vote. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Resolution passes. RE.3 04-01231 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING AN INCREASE IN THE TOTAL COMPENSATION TO DAVISLOGIC INC., D/B/A ALL HANDS CONSULTING ("DAVISLOGIC"), APPROVED BY RESOLUTION NO. 03-190, ADOPTED FEBRUARY 27, 2003, AMENDED BY RESOLUTION NO. 03-1085, ADOPTED OCTOBER 9, 2003, FURTHER AMENDED BY RESOLUTION NO. 04-0334, ADOPTED MAY 27, 2004, IN AN AMOUNT NOT TO EXCEED $730,656, FROM $1,856,693 TO $2,587,349, TO PROVIDE PART E SERVICES, AND ANY OTHER ADDITIONAL SERVICES CONSISTENT WITH THE OVERALL SCOPE OF WORK, FOR COMPREHENSIVE EMERGENCY PLANNING AND TERRORISM PREPAREDNESS PLANNING AND TRAINING SERVICES FOR THE DEPARTMENT OF FIRE -RESCUE AND ALL OTHER CITY OF MIAMI DEPARTMENTS INVOLVED IN THE URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM III, SUBJECT TO CERTAIN LIMITATIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT BETWEEN THE CITY OF MIAMI AND DAVISLOGIC; AMENDING RESOLUTION NO. 04-0334 TO REFLECT SAID INCREASE(S); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS PROVIDING FOR FURTHER INCREASES TO THE EXISTING AGREEMENT WHICH DO NOT EXCEED THE TOTAL COMPENSATION OF $ 2,587,349, BY MORE THAN TEN PERCENT (10%); ALLOCATING FUNDS FOR SAID INCREASE(S) FROM THE UASI PROGRAM III FISCAL YEAR 2004, SUBJECT TO BUDGETARY APPROVAL. City of Miami Page 87 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 04-01231-exhibit agreement.pdf 04-01231-exhibit corporate resolution. pdf 04-01231-exhibit USAI project Proposal.pdf 04-01231-exhibit all hands contract.pdf 04-01231-Amendment of RFQ no 01-02-222.pdf 04-01231-Joseph R Fernandez letter.pdf 04-01231-liability insurance certificate2.pdf 04-01231-liability insurance certificatel.pdf 04-01231-risk management.pdf 04-01231-Corporate resolution2.pdf 04-01231-USAI project Proposal.pdf 04-01231-second amendment agreement.pdf 04-01231-Joseph Femandez letter.pdf 04-01231-certificate of liability insurance2.pdf 04-01231-certificate of liability insurance1.pdf 04-01231-scope of work and cost.pdf 04-01231-first amendment agreement.pdf 04-01231-corporate resolution.pdf 04-01231-PSA.pdf 04-01231-pre resolution3.pdf 04-01231-pre resolution2.pdf 04-01231-pre resolutionl.pdf 04-01231-contract extension.pdf 04-01231-memo.pdf 04-01231-letter. pdf 04-01231-liability insurance.pdf 04-01231-progress report.pdf 04-01231-emergency plan.pdf 04-01231-budgetary impact.pdf 04-01231-worksheet.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-04-0744 Chairman Sanchez: RE.3 is also a resolution. Vice Chairman Gonzalez: Move RE.3. Chairman Sanchez: RE.3 -- Commissioner Allen: Second. Commissioner Winton: Second. Discussion. Chairman Sanchez: RE.3 has been moved by Vice Chairman Gonzalez. There is a second by Commissioner Winton. It is a resolution. It is open for discussion. Commissioner Winton, you're recognized. Commissioner Winton: This contract amount has increased by 40 percent, and in addition to that, on top of the 40 percent increase, there's a provision that allows for another ten percent City of Miami Page 88 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 over and above that, and I forget where I read that. I was just looking at my notes here, but -- and I'm assuming that ten percent is on top of the top number, so that ten percent, if you go back to the original number, where you get the 40 percent increase from, that ten percent really becomes, from the original number, 14 percent, so you've got potential for a 54 percent increase in this contract amount, and I'm curious to understand why that is. Joe Fernandez: Good morning. Joe Fernandez, Assistant Fire Chief City of Miami Fire. The contract is for support of the Urban Area Security Initiative, which is that enormous federal program that we were graced with, and we were able to get the consultant assistance from the beginning, based on the scope of work that was for comprehensive emergency planning. As the program continues to expand and grow, and the federal requirements keep coming, we have to keep responding to them, and what's happening is, we have an RFQ (Request For Qualification) out there now; it will close on December 8th, to bid out the whole process again, but we're just trying to comply with everything we're getting from us from the fells, and there's a lot of deliverables. This actual funding right here will go to supporting the management of training, coordination and delivery in the Miami, Miami -Dade, and Broward County area, and it allows us to stay in a leadership role as the City in managing the Urban Area Security Initiative. Commissioner Winton: So the -- so just so I'm clear, the increase is really tied to scope of services expanding as a result of federal requirements? Chief Fernandez: Federal requirements that are also tied in with the state, and they're extremely aggressive, and they didn't give us any time or consideration for, you know, acquiring consultants or anything, so what we've done is, we've expanded but we've also prepared the new RFQ, and we'll have that for you by -- process will be closed by December 8th. Commissioner Winton: OK. Chairman Sanchez: OK It's a resolution. There's been a motion and a second It was opened for discussion. Hearing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.4 04-01249 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE REPAIR, MAINTENANCE AND INSTALLATION OF ROADWAY SYSTEMS ON AN AS -NEEDED CONTRACT BASIS, FROM WEEKLEY ASPHALT PAVING, INC., FOR THE DEPARTMENT OF CAPITAL IMPROVEMENT, UTILIZING EXISTING BROWARD COUNTY BID CONTRACT, NO. H-9-03-242-B1, EFFECTIVE THROUGH APRIL 27, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY BROWARD COUNTY, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE-YEAR PERIOD, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $20,000,000, INCLUDING ANY RENEWAL(S), FOR THE TERM OF THE CONTRACT; ALLOCATING FUNDS FROM VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS, SUBJECT TO BUDGETARY APPROVAL, WITH FUNDING FROM SAID ACCOUNTS FOR FUTURE FISCAL YEARS, SUBJECT ONLY TO BUDGETARY APPROVAL. City of Miami Page 89 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 04-01249-worksheet. pdf 04-01249-budgetary impact.pdf 04-01249-Broward county Ietter.pdf 04-01249-addenduml .pdf 04-01249-addendum2. pdf 04-01249-invitation to bid.pdf 04-01249-Bidding Instructions.pdf 04-0124 9-attach mentA. pdf 04-01249-attach mentB. pdf 04-01249-attach mentD. pdf 04-01249-attach mentE. pdf 04-01249-attach mentF. pdf 04-01249-attach mentG. pdf 04-01249-attachmentH. pdf 04-01249-attachmentl .pdf 04-01249-attach mentJ. pdf 04-01249-attach mentK. pdf 04-01249-attach mentL. pdf 04-01249-attach mentM. pdf 04-01249-attachmentN. pdf 04-01249-#21.pdf 04-01249-award.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-04-0745 Direction to the Administration by Vice Chairman Gonzalez to provide him with a list of candidate projects that may be completed utilizing this contract with Weekley Asphalt Paving, Inc. Chairman Sanchez: We move on to RE.4. Commissioner Winton: Move it. Chairman Sanchez: It's also a resolution. There's a resolution by -- Commissioner Allen: Second. Chairman Sanchez: -- there's a motion by Commissioner Winton, second by Vice Chairman Gonzalez, and this is for 20, 000, 000 to Weekley Asphalt, including one-year extension option. Can you state that for the record? Vice Chairman Gonzalez: I only have one comment about this. It talks about streets, it talks about $20, 000, 000, but it doesn't have a list of the streets that are going to be done. Mary Conway: Mary Conway, CIP (Capital Improvement Project)/Transportation. We did not include a specific list, though I have a list of candidate projects that I can provide. The only thing I would note with the candidate projects is that they may not -- all of them may not be done with this because, again, we're going to look on a project -by -project basis to see whether Job Order Contracting is the best delivery method, based on the availability of the firm, the cost, time . We'll look at this as an option and then, as we move forward. City of Miami Page 90 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Vice Chairman Gonzalez: Would you provide a copy of that list to my office? Ms. Conway: Yes. Commissioner Winton: Thank you. Chairman Sanchez: OK. Any further discussion on the item? It's a resolution. If not, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. RE.5 04-01277 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO UPHOLD THE PROTEST OF WILLIAMS PAVING COMPANY, INC., RESCINDING THE CITY MANAGER'S DECISION TO REJECT ALL BIDS, AND DEEMING WILLIAMS PAVING COMPANY, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "NORTHWEST 14TH STREET IMPROVEMENT PROJECT (THIRD BIDDING) FROM NORTHWEST 34 TH AVENUE TO NORTHWEST 22ND AVENUE," PROJECT NO. B-50686, BID NO. 03-04-129. 04-01277-worksheet.pdf 04-01277-letter.pdf 04-01277-memo 1. pdf 04-01277-memo2.pdf 04-01277-City of Miami letter.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-04-0746 Chairman Sanchez: We move on to RE.5. Vice Chairman Gonzalez: Move RE.5. Chairman Sanchez: RE.5 is a companion item to RE -- Commissioner Allen: This is -- Chairman Sanchez: I'm sorry. Yeah, RE.5. Vice Chairman Gonzalez: Move RE.5. Chairman Sanchez: RE.5 -- Commissioner Winton: Second. City of Miami Page 91 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman Sanchez: -- is a resolution. There's a motion by Vice Chairman Gonzalez, second by Commissioner Winton. It is open for discussion. Discussion. Commissioner Allen: Discussion -- no. Chairman Sanchez: No discussion on the item? Vice Chairman Gonzalez: None. Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Item RE.5 is a companion item to Item RE.6 RE.6 04-01250 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE BID OF WILLIAMS PAVING COMPANY, INC., FOR THE PROJECT ENTITLED "NORTHWEST 14TH STREET IMPROVEMENT PROJECT, B-50686," IN THE TOTAL AMOUNT NOT TO EXCEED $1,936,116; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 311711, IN THE AMOUNT NOT TO EXCEED $600,000 AND CIP NO. 341183, IN THE AMOUNT NOT TO EXCEED $1,336,116, FOR CONTRACT COSTS AND AN AMOUNT NOT TO EXCEED $265,000 FROM CIP NO. 341183, FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL CONSTRUCTION COSTS NOT TO EXCEED $2,201,116, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 04-01250-e xh i b it l .pdf 04-01250-exh ibit2. pdf 04-01250-exh ibit3. pdf 04-01250-budgetary impact.pdf 04-01250-worksheet.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-04-0747 Chairman Sanchez: RE.6 is a companion item. Commissioner Winton: Move it. Commissioner Allen: Move it. Vice Chairman Gonzalez: Second. City of Miami Page 92 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman Sanchez: OK. There's a motion by Commissioner Winton, second by Vice Chairman Gonzalez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, RE. 6 passes unanimously. Item RE.6 is a companion item to Item RE.5 RE.7 04-01164 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ADORNO & YOSS, P.A. TRUST ACCOUNT, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $7,000,000 (SEVEN MILLION DOLLARS) AS FOLLOWS: $3,500,000, TO BE PAID NO LATER THAN DECEMBER 5, 2004 AND $3,500,000, TO BE PAID NO LATER THAN DECEMBER 5, 2005, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE " REFUND" PORTION OF THE NAGYMIHALY, ET AL V. THE CITY OF MIAMI, IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 98-11208 CA-01 , 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. 109001.280905.9. 952. 04-01164-cover memo.pdf 04-01164-memo.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-04-0748 Chairman Sanchez: RE.7. RE.7 -- Vice Chairman Gonzalez: Move RE.7. Chairman Sanchez: -- is a resolution. Vice Chairman Gonzalez: Move RE.7. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez on RE.7. Is there a second? Commissioner Allen: Second. Vice Chairman Gonzalez: We have a second. Chairman Sanchez: Second by Commissioner Allen. Vice Chairman Gonzalez: I know. City of Miami Page 93 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Commissioner Winton: This ticks me of so bad. Chairman Sanchez: Is there any discussion? There's no discussion on the item. All in favor, say aye. The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. RE.8 04-01274 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT (S), AMENDING RESOLUTION NO. 04-0427, ADOPTED JUNE 24, 2004, BY AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED BILL OF SALE FOR BUS SHELTERS AND MUTUAL RELEASES, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH CLEAR CHANNEL OUTDOOR, INC. 04-01274-exhibit 1. pdf 04-01274-exh i bit2. pdf 04-01274-exh ibit3. pdf 04-01274-cover memo.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-04-0749 Chairman Sanchez: We go to RE.8. It's a resolution. Vice Chairman Gonzalez: Move RE.8. Chairman Sanchez: Is there a motion? Motion by Commissioner -- Vice Chairman Gonzalez. Is there a second on resolution RE.8? Need a second. Commissioner Winton: Yeah. Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. It is open for discussion. Hearing no discussion from the dais, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BOARDS AND COMMITTEES BC.1 03-0234 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN. City of Miami Page 94 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 APPOINTEE: NOMINATED BY: Chairman Joe Sanchez 03-0234-memo-1.doc 03-0234-members-2.pdf DEFERRED Chairman Sanchez: OK Let's try to get some of these board appointments out of the way. All right. First one is BC.1. BC.1, I have -- and I'm going to defer that one. BC.2 04-01098 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Angel Gonzalez Commissioner Jeffery Allen Commissioner Jeffery Allen 04-01098-memo-1 .doc 04-01098-members-2.pdf 04-01098-applications-3.pdf 04-01098-pen etas-4. htm DEFERRED Chairman Sanchez: BC.2, Vice Chairman Angel Gonzalez and Commissioner Allen, you have two appointees. Do you want to defer? Commissioner Allen: I'm going to defer at the moment, and with respect to the balance of all the board appointments this morning. Chairman Sanchez: OK Commissioner Allen: So on each -- Chairman Sanchez: We could all do that, if we want. Commissioner Allen: I'm sorry. On each of the items, I'm going to defer my appointments, so do I need to do it on each separate -- Chairman Sanchez: No. We -- Commissioner Allen: -- item or can 1 state it collectively? City of Miami Page 95 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman Sanchez: Well, let's see if we could all agree, and then we'll just skip the -- Commissioner Allen: Oh, I'm sorry. Chairman Sanchez.: It's not a pertinent matter to get these persons -- people appointed. They just serve automatically and continues until you appoint somebody. Commissioner Gonzalez, would you also -- Vice Chairman Gonzalez: 1 will reappoint Miguel Seco. Commissioner Winton: It's already noon. Priscilla A. Thompson (City Clerk): I'm sorry. We -- Mr. Seco, he has term limits, so we would need a 5/0 vote to -- Vice Chairman Gonzalez: OK, then I'll -- Ms. Thompson: -- waive the term limit. Vice Chairman Gonzalez: Then I'll -- Chairman Sanchez: You want to defer that? Vice Chairman Gonzalez: Yeah, I'll defer that. Chairman Sanchez: All right. BC.3 04-01200 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Angel Gonzalez Vice Chairman Angel Gonzalez Commissioner Johnny Winton Commissioner Johnny Winton Commissioner Tomas Regalado Commissioner Tomas Regalado Chairman Joe Sanchez Chairman Joe Sanchez Commissioner Jeffery Allen City of Miami Page 96 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Commissioner Jeffery Allen Mayor Manuel Diaz 04-01200-memo-1.doc 04-01200-MEMBERS-2.doc DEFERRED Chairman Sanchez: Moving along to BC.3. BC.3 is a resolution of the City Commission appointing certain individuals to member of the Commission of the Status of Women. Vice Chairman Gonzalez: I'm going to have to defer mine, too. Chairman Sanchez: All right. Vice Chairman Gonzalez: Because 1 need a five vote, right, on the -- Chairman Sanchez: Commissioner Winton -- Priscilla A. Thompson (City Clerk): On Ms. Ramos, yes. Chairman Sanchez: -- are you going to be defer or appointing? Vice Chairman Gonzalez: Even though -- let me -- Commissioner Winton: Well, it's interesting -- Vice Chairman Gonzalez: Let me address this board. I was told that this board was created; it functioned for about a year or two years; then it stopped for another four years, and then it reactivated again, and these people are counted as serving eight consecutive years. Ms. Thompson: Commissioner, we went back and we reviewed the history of the board, and according to our history, they have served eight years, and according to the resolution -- Vice Chairman Gonzalez: But have the boards been functioning for eight consecutive years? Ms. Thompson: They had -- I'm sorry, let me get my record. I'm sorry. Vice Chairman Gonzalez: All right. Never mind. We need to get moving. Never mind. I will defer it for next meeting. Chairman Sanchez: Why don't we do something. Let's just go ahead and defer the boards for now -- Vice Chairman Gonzalez: Yeah, let's defer all the boards. Chairman Sanchez: -- and we'll do them next month. Is that OK with you, Commissioner Winton, to do that? Commissioner Winton: That's fine. I'm not going to appoint anybody anyhow. Chairman Sanchez: All right. Let's go ahead and just -- Commissioner Allen's not ready anyway -- City of Miami Page 97 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Commissioner Winton: Apparently, I'm -- Chairman Sanchez: -- so let's just go through that. That takes us to -- Commissioner Winton: But did you get the letter from the Commission on the Status of Women? Apparently, I misread the Charter very badly because, according to that letter, we're required to seek out the advice and counsel of the Commission on the Status of Women when we're making appointments, and you know, 1 was the Chairman of the Charter Review Committee, and I'll be darned if I saw that in the Charter. 1 don't know how I missed that. BC.4 04-01201 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Angel Gonzalez Commissioner Jeffery Allen Mayor Manuel Diaz 04-01201-memo-1.doc 04-01201-members-2.doc DEFERRED BC.5 04-01202 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Jeffery Allen Commissioner Jeffery Allen Chairman Joe Sanchez Chairman Joe Sanchez 04-01202-memo-1 .doc 04-01202-members-2.doc 04-01202 - applications - 3.pdf City of Miami Page 98 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 DEFERRED BC.6 04-01216 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Angel Gonzalez (Regular Member, unexpired term ending February 12, 2006) Commission At -Large (Alternate Member, unexpired term ending February 13, 2007) 04-01216-memo-1.doc 04-01216-Members-2.doc DEFERRED City of Miami Page 99 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 DISCUSSION ITEMS DI.1 04-01157 DISCUSSION ITEM DISCUSSION CONCERNING THE CIVILIAN INVESTIGATIVE PANEL (CIP) MONTHLY STATUS REPORT. 04-01157-cover memo.pdf 04-01157-memo.pdf DISCUSSED Chairman Sanchez: And if we could just take one item out of the order of the day for Commissioner Allen. That'll be CIP (Civilian Investigative Panel) Monthly Status Report. Commissioner Allen: CIP, if you will. Chairman Sanchez: I'm sure they're busy and they'd rather be some place else than here, of course, but always good to see you, sir. Larry Handfield: Good morning. Thank you so much, Mr. Chair. Thank you, Commissioners, and thank you, Manager's Office, and the City Attorney's Office, and Madam Clerk. My name is Larry Handfield, 4770 Biscayne Boulevard, Suite 1200, in the City of Miami. I am chair of the Civilian Investigatory Panel for the City of Miami, the Police Oversight Board. I want to first start off by thanking all of the Commissioners for your dedication and your public commitment to supporting the Panel. As we went through the budgetary process, because of your commitment to the citizens of Miami, the Panel, I'm happy to please, is pretty much on its way to discharge the duties and the expectations for which it was created. We have hired the necessary investigators. We're in the process of hiring our chief investigator. We expect to hire our independent council by the first of the year. We are in the process of conducting interviews for the vacancy of one of the Panel positions, due to the resignation of one of the Panel members, and we are in the process of being able of present an interim report as it relates to the FTA [sic] (Federal Transit Administration) investigation. It is my commitment that I've made and have instructed the Panel members to be able to enter a interim report by the first part of the year, and to thereafter shortly conclude the overall investigation as relates to the FTA [sic], which brought about substantial amount of national interests, both national, state and locally, so I'm pleased to make that presentation. We are in a process, at this point, of dealing with one legal issue, that is, as relates to the request for certain information from the Police Department. We had to file a Writ of Mandamus requesting the information; judge reviewed it, an order to release. At this point, we will be waiting to see whether or not the Chief will be taking an appeal of that order, and as soon as we receive what we believe is the necessary documentation so that we can conclude the investigation, we will be able to, hopefully, bring that chapter to a close, and then begin the process of dealing with the other complaints that have been awaiting us, so I want to personally, again, thank all of you. It has been a difficult road. There have been several obstacles, none too high that we have not been able to overcome together, individually, with each of you and, collectively, with all vested interest parties, and I definitely owe a debt of appreciation for the Office of the City Manager and the Budget Director for being very accommodating andflexible and understanding as it relates to giving us the necessary tool to carry out our mission. Chairman Sanchez: Thank you so much, Larry. Any questions? Any questions? Thank you so much, Larry. Mr. Handfield: Thank you so much for allowing me. Chairman Sanchez: And 1 know it has not been an easy journey, but good luck on that journey, which I -- City of Miami Page 100 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Mr. Handfield: And we will -- Chairman Sanchez: -- I must praise you for your hard work and effort and commitment. Commissioner Allen: Yes, and we appreciate your efforts, as well. Mr. Handfield: Thank you so much. Commissioner Regalado: You do have two jobs that doesn't pay that are really hard. Mr. Handfield: Absolutely. Commissioner Allen: Right. Building a safer, as well as a healthier, community for all of us. Chairman Sanchez: God bless you. Commissioner Allen: Just one last point, as the caveat, with respect to the outstanding seat that you guys are looking to fill. Mr. Handfield: Yes. Commissioner Allen: I'm sure it's clearly made known to potential applicants that this is a privileged position, and to seek the position with passion, not just to use it as a stepping -stone -- Mr. Handfield: Absolutely. Commissioner Allen: -- or for your own personal agenda. Mr. Handfield: And to let her know it requires some significant amount of time, commitment and dedication. Commissioner Allen: Great. Mr. Handfield As well as public scrutiny. Chairman Sanchez: Thank you so much. Mr. Handfield: Thank you so much. DI.2 04-01246 DISCUSSION ITEM A DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. 04-01246-cover memo.pdf DEFERRED City of Miami Page 101 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 SUPPLEMENTAL AGENDA SI.1 04-01162a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI, THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") AND MIAMI-DADE COUNTY RELATING TO THE USE OF THE CONVENTION DEVELOPMENT TAX FUNDS CURRENTLY ALLOCATED TO MSEA, UPON THE SALE OF THE MIAMI ARENA AND THE DEFEASANCE OF THE BONDS WHICH FINANCED THE CONSTRUCTION OF THE MIAMI ARENA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO IMPLEMENT SAID AGREEMENT, SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY. 04-01162a-worksheet.pdf 04-01162a-exhibitl . pdf 04-01162a-exhibitl A.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-04-0750 Chairman Sanchez: R -- S -- Supplement Agenda 1 is a resolution. Can someone come up and explain this one? Commissioner Allen: Could you -- Vice Chairman Gonzalez: What was that? Commissioner Allen: Where are you, Mr. Chairman? Chairman Sanchez: SL 1 is the interlocal agreement with MSEA (Miami Sports & Exhibition Authority) and Dade County. Is there -- Commissioner Winton: Did we do RE.8? Chairman Sanchez: RE.8? Jorge L. Fernandez (City Attorney): Yes. Chairman Sanchez: Yeah, we did RE.8. Commissioner Winton: Well, I was talking, huh. Chairman Sanchez: OK. Just -- Mr. City Manager, just put something on the record on this. It's the interlocal agreement between MSEA and -- Joe Arriola (City Manager): This is an interlocal agreement that MSEA agreed to yesterday -- Tuesday -- days kind (Ply a little bit here -- on Tuesday, so this is approving the same -- City of Miami Page 102 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman Sanchez: All right. Commissioner Winton: Move it. Chairman Sanchez: Is there a motion -- Mr. Arriola: -- the same interlocal that we approved -- Commissioner Winton: Move it. Mr. Arriola: -- on Tuesday. Chairman Sanchez: It's just accepting -- it's accepting the interlocal between MSEA and Miami - Dade County. Commissioner Winton: Move it. Chairman Sanchez: There's -- Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonz alez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. SI.2 04-01285 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING THE CITY OF MIAMI'S OFFICE OF FILM ARTS, CULTURE AND ENTERTAINMENT'S ("FACE") RECOMMENDATION OF (1) ALLOCATING FUNDS FOR THE SPECIAL EVENTS, LISTED ON "EXHIBIT A, " ATTACHED AND INCORPORATED, IN AN AMOUNT NOT TO EXCEED $ 410,000, AND (2) AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT OF $18,000, FOR EACH OF THE FIVE CITY COMMISSION DISTRICTS, FOR A COMBINED AMOUNT NOT TO EXCEED $90,000, FOR FUNDING OF ADDITIONAL SPECIAL EVENTS WITHIN THE CITY OF MIAMI, CONTINGENT UPON THE PRESENTATION OF DOCUMENTATION FOR REVIEW BY FACE AND SUCH DISTRICT FUNDING COMPLYING WITH FACE RULES AND REGULATIONS AND AS DESIGNATED BY THE DISTRICT COMMISSIONER; DIRECTING FACE TO PRESENT COMMISSION DISTRICT FUNDING REQUESTS FOR SPECIAL EVENTS FOR THE CITY COMMISSION DISTRICTS, TO THE CITY COMMISSION FOR CONSIDERATION.; ALLOCATING FUNDS IN A TOTAL AMOUNT NOT TO EXCEED $500,000, FROM THE SPECIAL EVENTS FESTIVAL ACCOUNT NO. 001000.921054.6.289. 04-01285-worksheet. pdf 04-01285-budgetary impact.pdf 04-01285-exh ibit. pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 103 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-04-0751 Chairman Sanchez: We move on to SI.2. It's a resolution. Bob, just come up and just state something -- Vice Chairman Gonzalez: Move SI.2. Chairman Sanchez: -- very brief very brief on it, since you're here. Commissioner Winton: Second. Chairman Sanchez: You know, might as well -- Robert Parente: Commissioner, how are you? Robert Parente, with Department of Film, Arts and Entertainment. We've met with each of your staffs and you regarding these -- the festival account, which is before you for approval, and we request the same. Chairman Sanchez: And you request that it be approved Mr. Parente: Absolutely. Chairman Sanchez: All right. There was a motion by Commissioner Winton, second by Vice Chair -- Commissioner Allen: Second -- he already second. Chairman Sanchez: There's a motion by Commissioner Winton, second by Commissioner Allen? It is open for discussion. Hearing no discussion, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez.: Anyone in opposition, having the same right, say "nay." Hearing none, the resolution passes unanimously. Mr. Parente: Thank you, Mr. Chair. NON -AGENDA ITEMS NA.1 04-01331 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COLLEGE, SCHOOL OF JUSTICE, TO PROVIDE PREPARE FLORIDA PART 1 AND PART 2 TRAINING TO ITS LAW ENFORCEMENT PERSONNEL, TO COMMENCE ON SEPTEMBER 1, 2004, AND TO BE COMPLETED ON NOVEMBER 30, 2004, WHEREBY MIAMI-DADE COLLEGE WILL COMPENSATE THE CITY OF MIAMI A TOTAL AMOUNT NOT TO EXCEED $ 24,000, FOR SAID SERVICES. City of Miami Page 104 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 04-01331-Memos-1.pdf 04-01331-Agreement-2. pdf Motion by Chairman Sanchez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Allen Absent: 2 - Commissioner Gonzalez and Winton R-04-0752 Chairman Sanchez: OK. Moving along, I just have a pocket item, and then we'll go to -- if we could take something out of the order of the day, which is the CIP (Civilian Investigative Panel) Monthly Status Report. The pocket item that 1 have, it's a resolution of the City of Miami Commission, with attachment, authorizing the City Manager to enter into an agreement for service with Miami -Dade Community College, School of Justice, to provide prepare Florida Part 1 and Part II training for its law enforcement personnel, to commence on September 1, 204 [sic], and to be completed on November 30, 204 [sic]; hereby, Miami -Dade Community College will compensate the City of Miami a total of $24, 000 for these services, and this pocket item just basically assures that we don't lose these $24, 000. So move. Commissioner Regalado: It's been moved by Chairman Sanchez. Do we have a second? Commissioner Allen: Second. Commissioner Regalado: OK All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Regalado: It passes. NA.2 04-01332 DISCUSSION ITEM Direction to the Administration by Commissioner Regalado to meet with the owner of the service station in District 4 on Coral Way and S.W. 27th Avenue, which has a historic designation, to inform the owner what is possible to be done to the property in terms of renovations and if there are any funds to support said proposed historic renovation. DISCUSSED Commissioner Regalado: OK Just a question. There's a service station in District 4, Coral Way and 17th Avenue, which is historic or considered historic. Sarah Eaton (Preservation Officer, Planning & Zoning): Yes, it has been designated as a historic site many years ago. Commissioner Regalado.' OK. Right. Now, the owner wish to do something, some renovation, but he can't, and the question was, does the City or the Dade Heritage Trust will support him if he wants to do the enhancement to the property that the Historic Board would allow? Ms. Eaton: We -- I have never been contacted by the owner. I'd be more than happy to sit down with him. Designation does not prevent renovations to the building. Commissioner Regalado: But there are funds. Ms. Eaton: No, unfortunately, there are not funds. Well, actually, now that the County bond -- City of Miami Page 105 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Commissioner Regalado: There are millions. Ms. Eaton: -- was pass -- yes. I'm not sure when those might become available, but -- Commissioner Regalado: Right. OK. Chairman Sanchez: All right. Thank you. NA.3 04-01333 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DONATION OF FUNDS TO THE MANUEL ARTIME THEATER FOR A NOVEMBER 23, 2004 EVENT IN AN AMOUNT NOT TO EXCEED $695.50; ALLOCATING SAID FUNDS FROM THE DISTRICT 3 SPECIAL EVENTS ACCOUNT NO. 001000.921054.6.289. 04-01333-Memo-1.pdf Motion by Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0768 Chairman Sanchez: Pocket items. Pocket items. Commissioner Allen, do you have pocket item? Commissioner Allen: No. Commissioner Winton: I don't have any. Commissioner Allen: No, I don't have any. Chairman Sanchez.: Commissioner -- I have -- I believe 1 have one, and let me pass it out here. Commissioner Winton: You know, we haven't had pocket items in quite some time, since the Chair changed Chairman Sanchez: 1 haven't had a pocket item. Commissioner Winton: 1 know. Chairman Sanchez: But this is an emergency pocket item -- Commissioner Winton: Yeah. Chairman Sanchez: -- sort of. Commissioner Winton: But you've done real well since these -- Chairman Sanchez: Oh, we have two pocket items. All right. Let's -- if I could pass the gavel to the Vice Chair, and he would recognize me for two pocket items; none have a fiscal impact to the City. It has a fiscal impact to my office account. It's a resolution of the City of Miami Commission authorizing a donation of funds, in the amount not to exceed $695.50, to the Manuel Artime Theater for a November 23, 204 [sic] event; allocating said funds from the District 3 Special Events account. City of Miami Page 106 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Commissioner Winton: $600? Chairman Sanchez: $695.50, sir. That's -- Commissioner Winton: Mr. City Attorney. Chairman Sanchez: What? Commissioner Winton: Mr. City Attorney. Mr. City Attorney, why does that -- Jorge L. Fernandez (City Attorney): Yes. Commissioner Winton: -- have to come before the Commission? He -- Mr. Fernandez: I'm trying to figure out -- Commissioner Winton: -- him -- Mr. Fernandez: -- what is coming in front of the City Commission. Chairman Sanchez: Well -- Mr. Fernandez: I haven't seen it. Chairman Sanchez: -- let me explain this. Commissioner Regalado: Because it's his office account. Commissioner Winton: I don't care. I mean -- Chairman Sanchez.: It's a -- Commissioner Winton: -- but it still doesn't make any sense to me that -- Chairman Sanchez: Well, it does make sense, and let me explain it to you. Commissioner Winton: No. You should be able to do that without coming to us. $600 out of your office account shouldn't come before the Commission. Chairman Sanchez: Well, we -- but -- Mr. Fernandez: If it's out of the Commissioner's account, it doesn't need to come to -- Commissioner Allen: Right. Mr. Fernandez: -- the Commission. Chairman Sanchez: It does? Mr. Fernandez: If it's a valid public purpose -- you need to substantiate that for yourself in your records, but with regard to it coming out of your account, which was already allocated to you, it Chairman Sanchez: But it's been common practice to do this; to bring it in front of the Commission. City of Miami Page 107 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Commissioner Winton: Well, but it -- I thought -- I've been thinking for a while, it's a bad practice. It made no sense to me that every time Tomas had some $500 he wanted to do, we got to vote on it. Mr. Fernandez: Yeah. You need to document it, and you need to, perhaps, articulate in your own internal documentations how you do that but -- Chairman Sanchez: Well -- Mr. Fernandez: -- you know, 1 don't think that it should be -- Chairman Sanchez: Well -- Mr. Fernandez: -- rehashed here a second time. Chairman Sanchez: Well, it's -- whatever's the will of this legislative body. I'm just doing what everybody's done when -- Commissioner Winton: Right. Chairman Sanchez: -- you know, there's an emergency and, apparently, this is a great organization that's putting an event together and, at the last minute, you know -- Commissioner Winton: Well, I'm trying to fix this -- Chairman Sanchez: -- they come to me and 1 want to help them out. Commissioner Winton: -- so that you can make that decision. Chairman Sanchez: Well, I don't mind. 1 mean, if I don't have to bring it to Commission, it's better for me. Commissioner Winton: Yeah. Chairman Sanchez: But -- Commissioner Regalado: Hey, why don't you move it and we'll vote it. Chairman Sanchez: Yeah. Commissioner Winton: Yeah. We'11 do this one, but -- Chairman Sanchez: Well, let's -- Commissioner Winton: -- in the future -- Chairman Sanchez: Yeah, it's $695.50. It's for an event at the Artime. It's money that's going to go from my account to the City. Commissioner Winton: Now, we got it, so -- Chairman Sanchez: All right. There's a motion -- Vice Chairman Gonzalez: All right. We have a motion -- City of Miami Page 108 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Commissioner Winton: Second the motion. Vice Chairman Gonzalez.: -- for $650. Do we have a second? Commissioner Winton: Yes. Vice Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: Next. Chairman Sanchez: Thank you so much. NA.4 04-01334 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A DONATION OF TWO PAINTINGS CREATED BY ARTIST XAVIER CORTADA, AT AN ESTIMATED FAIR MARKET VALUE OF $60,000, FROM JOEY GOLDMAN OF GOLDMAN PROPERTIES AND GREG MIRMELLI OF ROYAL PALM COMMUNITIES, TO BE DISPLAYED AT CITY HALL FOR A PERIOD OF NOT LESS THAN 90 DAYS. Motion by Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0769 Chairman Sanchez: The other one is a resolution of the City of Miami Commission accepting a donation of two paintings created by the artist Xavier Cortada, at an estimate fair market value of $60,000, from Joey Goldman of Goldman Properties and Greg -- Vice Chairman Gonzalez: Mirmelli. Chairman Sanchez: -- Mirmelli of Royal Palm Communities, to be displayed at City Hall for a period not to exceed 90 days. So move. Vice Chairman Gonzalez: We have a motion. Do we have a second? Commissioner Winton: Second, with suggested modification. This really isn't a donation. They're loaning these paintings to us, aren't they? Chairman Sanchez: No, I believe it's a donation. They're giving it to the City. Commissioner Winton: Oh, they're giving us these -- Commissioner Regalado: But what are we going to do after 90 days? Chairman Sanchez: Well, I think -- well, let's -- you know, we'll exhibit them throughout the City at City facilities, I guess. Commissioner Winton: Well, you know, 1 mean, if it's a donation, it's one thing. It sounds like a loan to me. It doesn't sound like a donation. City of Miami Page 109 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Chairman Sanchez: It's a donation. Commissioner Regalado: It sounds like a loan to me. Commissioner Allen: Yeah, it appears that way. Chairman Sanchez: That's what they told us. It's a donation. Apparently, those gentlemen are paying for it, and it's a donation to the City, and this painter is -- has -- Commissioner Winton: Oh, I know the painter's -- right. Chairman Sanchez: -- agreed to paint it and then turn it over to the City, so -- Vice Chairman Gonzalez: All right. We have a motion. Do we have a second? Commissioner Winton: Second. Commissioner Allen: Second. Vice Chairman Gonzalez: And we have a second. Commissioner Regalado: I just have one question -- Vice Chairman Gonzalez: Discussion. Commissioner Regalado: -- at all. What about the security? I mean, these are -- Commissioner Winton.: Right. Commissioner Regalado: -- $60, 000. Vice Chairman Gonzalez: Yeah. That's what I was thinking about. Commissioner Regalado: And we going to place it in the lobby, or where? The security -- I mean, I'd love to -- Commissioner Allen: Put it in my office. Commissioner Regalado: -- see a Javier Cortada painting, but -- Chairman Sanchez: Well, we -- Jorge L. Fernandez (City Attorney): If it's -- Chairman Sanchez: Let me tell you. We have the finest security in the State of Florida, all right? Vice Chairman Gonzalez: We have -- Chairman Sanchez: We have the two gentlemen [sic] at -- and the sergeant at arms out there. Commissioner Winton: Where is that flat -screen TV (television) that used to be on the wall out there? Chairman Sanchez: No, it's still out there. If they haven't stolen the fat -screen TV -- City of Miami Page 110 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 Vice Chairman Gonzalez: It's been gone for two weeks. Chairman Sanchez: -- I don't think they're going to steal these. Commissioner Winton.' It's missing right now. Mr. Fernandez: If it's a donation, then the issue of security and safety and all of that is relative because in -- that's all internal to you. If it's a loan, then I would like to look further into the issue of insuring -- Commissioner Winton: Insurance, right. Mr. Fernandez: -- that there is insurance -- Commissioner Winton: Yeah. Mr. Fernandez: -- and that there is security, because then we become -- Commissioner Allen: That's true. Mr. Fernandez: -- you know -- Chairman Sanchez: Well, the -- Mr. Fernandez: -- the warrantors. Chairman Sanchez: Mr, City Attorney, with all due respect, the resolution that we passed, it's a donation. Mr. Fernandez: Donation. Got it. Chairman Sanchez: All right. Call the question. Vice Chairman Gonzalez: All right. We have a motion and a second. All in favor, say The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. The motion carries. Commissioner Allen: Thank you. Chairman Sanchez: 1 do believe that a motion to re -- to adjourn -- Commissioner Allen: To adjourn. Chairman Sanchez: -- is in order. Commissioner Allen: Yes. Motion to adjourn, Mr. Chairman. Vice Chairman Gonzalez: All right. We have a motion to adjourn. Chairman Sanchez: Second. Vice Chairman Gonzalez: We have a second. All in favor, say "aye." e." City of Miami Page 111 Printed on 12/17/2004 City Commission Verbatim Minutes November 18, 2004 The Commission (Collectively): Aye. Commissioner Allen: Thank you. NA.5 04-01335 DISCUSSION ITEM A motion was made by Commissioner Allen, seconded by Chairman Sanchez, and was passed unanimously, to adjourn today's meeting. MOTION City of Miami Page 112 Printed on 12/17/2004