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HomeMy WebLinkAboutCC 2005-01-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Verbatim Minutes Thursday, January 13, 2005 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 January 13, 2005 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS Page 3 MV - MAYORAL VETOES Page 3 AM - APPROVING MINUTES Pages 3 - 4 CA - CONSENT AGENDA Pages 7 - 25 PA - PERSONAL APPEARANCES Pages 25-32 M - MAYOR'S ITEMS Pages 33-34 D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS Pages 34-35 D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS Pages 36-77 EM - EMERGENCY ORDINANCES Pages 78-83 SR - SECOND READING ORDINANCES Pages 83-85 FR - FIRST READING ORDINANCES Pages 86-103 RE - RESOLUTIONS Pages 104-109 BC - BOARDS AND COMMITTEES Pages 109-131 DI - DISCUSSION ITEMS Pages 132-138 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez, Commissioner Regalado and Commissioner Allen On the 13th day of January, 2005, 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 9:18 a.m. by Chairman Joe Sanchez, with Vice Chairman Gonzalez and Commissioner Winton absent, recessed at 12:01 p.m., and reconvened at 2: 42 p.m., and adjourned at 3:49 p. m. Note for the Record: Vice Chairman Gonzalez entered the meeting at 9:20 a.m. and Commissioner Winton entered the meeting at 9:29 a.m. ALSO PRESENT: Joe Arriola, City Manager City of Miami Page 2 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 05-00002 MAYORAL VETOES Presentations Made. Chairman Sanchez: We have one item, Guillermo Borges, who was going to be recognized. However, the item has been deferred to the February meeting because he was not able to be here . Having said that, Madam Clerk, in order to adhere to our code, all items that are deferred will automatically be placed at the next Regular Commission meeting, having stated that for the record, that way we could continue with our streamlining of the agenda and decorum. CEREMONIAL ITEM Name of Honoree Presenter Protocol Item Haitian Bicentennial Committee Father Fritz Bazin Roseline Philip Councilman Philip Deroses Michaelle Vincent Beatrice Cazeau, Esq. Maggie Sanon Jean Souffrant Rev. Jean Renelus Pierre Bayard Cyncia Webber Winnie Cantave Oblin Jean Jumel Calixte Guillermo Borges Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Chairman Sanchez Plaque Mayor's Mentoring Initiative Positive Partnerships Program, Inc. Computers 05-00002-cover page.pdf 05-00002-protocol I i st. pdf PRESENTED 1. Positive Partnerships Program, Inc. was commended for donation of nine computers for the Mayor's Mentoring Initiative program to be used at Virrick Park. 2. Mayor Diaz presented Certificates of Appreciation to the members of the Haitian Bicentennial Committee. Note for the Record: Chairman Sanchez stated that the plaque for Guillermo Borges would be deferred and presented at the next Commission Meeting. NO MAYORAL VETOES Chairman Sanchez: There are no mayoral vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Regular and Planning and Zoning Meetings of November 18, 2004 City of Miami Page 3 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Regular and Planning and Zoning Meetings of December 9, 2004 Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: We go on to approving the minutes of the following. We need to approve the Regular and PZ (Planning & Zoning) meeting of November 18, 2004. Is there a motion? Vice Chairman Gonzalez: I'll move to approve the minutes. Chairman Sanchez: There's a motion by the Vice Chair. Is there a second? Commissioner Allen: Second. Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Allen. 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." The motion carries . We also need to approve the regular and PZ meeting of December 9, 204 [sic]. Is there a motion? Commissioner Allen: 1 move your -- Mr. Chairman. Chairman Sanchez: There's a motion by Commissioner Allen. Vice Chairman Gonzalez: Second. Chairman Sanchez: 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." It passes. ORDER OF THE DAY Chairman Sanchez: The City Commission meeting is being called to order, Thursday, January 13, 204 [sic], at 9:20, here at City Hall, 3500 Pan American Drive. On behalf of the Mayor, the Commissioners and all those who labor here, we want to welcome you to City Hall. There's a couple of things that I need to do, for the record. Of course, any person who acts as a lobbyist, pursuant to City of Miami Ordinance 11469, must register with the City Clerk prior to engaging in any lobbying activity. Any person making slanderous remark or who becomes boisterous while addressing the Commission will be asked to leave. This printed agenda is distributed at least five days before the meeting, and the material is in connection with each item appearing on the agenda, and is available for inspection during business hours at the Office of the City Clerk. Also, any person who seeks to address the City Commission on any of the items pertaining to a City of Miami Page 4 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 public hearing, a public discussion, should register with the Clerk before they do that. We'll go ahead and do the invocation at this time. Invocation and Pledge. Chairman Sanchez: OK. All right, moving right along. Commissioner Jeffery Allen, pocket items? I mean, not pocket items. I'm sorry. Any blue pages? Commissioner Allen: No, I'm afraid not, Mr. Chairman. Chairman Sanchez: OK. We should -- the agenda, we should be out of here pretty early today. We are going to break away -- I was going to make a recommendation that we work through lunch, and maybe get out of here by maybe 1, but apparently, one of the Commissioner has to take care of a private matter, so we're going to respect that, and then we'll be back -- we'll probably break at 12 and be back at 2: 30, and we should be out of here by 4, being that the agenda in itself is going to be running pretty smoothly today. OK. Now we could do a couple of things here, my colleagues. We're almost done -- Commissioner Allen: Yeah. Chairman Sanchez: -- so what we could do is either we could recess for lunch, come back at 2: 30, and we should be out of here in about an hour, OK? Commissioner Allen: That's considering the -- doing the board appointments? Chairman Sanchez: The board appointees, yeah. Commissioner Allen: Right. Chairman Sanchez: We could do that -- Commissioner Allen: OK. Chairman Sanchez: -- first thing back -- Commissioner Allen: OK. Chairman Sanchez: -- from the -- Commissioner Winton: Yeah, that's a good idea. Chairman Sanchez: -- recess. Commissioner Allen: Great. Commissioner Winton: Good idea. Chairman Sanchez: And then I think that the only discussions that we have are -- Commissioner Winton: Some -- Chairman Sanchez: -- lengthy -- I'm being told that Mr. Cox will not be doing -- Jorge L. Fernandez (City Attorney): Right. City of Miami Page 5 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Sanchez: -- his presentation? Mr. Fernandez: Actually, DI.3 -- DI.2, which is the billboard litigation, is not ready to be brought to you. Chairman Sanchez: All right. Mr. Fernandez: And that one will not be presented, and DI4, my understanding is that that's being postponed to another date also. Commissioner Allen: Right. Commissioner Winton: What's D14? Chairman Sanchez: OK, so for the record, Madam Clerk -- Commissioner Regalado: What's DI.4? Commissioner Winton: Well, why is it being deferred to another date? Chairman Sanchez: DI.4? Commissioner Winton: Yeah. Vice Chairman Gonzalez: What's DI.4? Mr. Fernandez.: The -- Commissioner Allen: That's Mr. Cox. Commissioner Winton: It -- Vice Chairman Gonzalez: Oh, Charles Cox. Mr. Fernandez: The City Manager will be able to speak on that. Commissioner Allen: Yeah, Mr. Cox. Vice Chairman Gonzalez: All right. Commissioner Allen: Mr. -- Commissioner Winton: Well, you know, we've got an afternoon -- Chairman Sanchez: All right. Your question, Commissioner Winton, was why is it being -- Commissioner Winton: Yeah. I mean -- Chairman Sanchez: -- pulled? Commissioner Winton: -- we've got an afternoon, and if it's going -- it's one thing if it's going away. It's another if it's just going to go to another Commission meeting, where we're jammed up and we've got a lot of things to do; that's a different issue, so -- Mr. Fernandez: City Manager and I need to address that issue jointly with the Commission, so City of Miami Page 6 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 whenever he's available this afternoon, we'll -- Commissioner Winton: You guys will figure it out. Chairman Sanchez: All right. Mr. Fernandez: Yeah. Commissioner Winton: Fine. Chairman Sanchez: OK, so what -- that item will come back and you could state whatever you want for the record. CONSENT AGENDA CA.1 04-01355 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $39, 000, FROM FISCAL YEAR 2004-2005 BUDGETED FUNDS OF THE CIVIL SERVICE OFFICE, ACCOUNT NO. 240101-250, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CIVIL SERVICE BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. 04-01355-cover memo.pdf 04-01355-memo.pdf 04-0135 5-reso l ution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0001 CA.2 04-01356 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $30, 000, FROM FISCAL YEAR 2004-2005 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT NO. 001000.820101.6340. 25019, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE NUISANCE ABATEMENT BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. 04-01356-cover memo.pdf 04-01356-memo.pdf 04-01356-resol ution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0002 CA.3 04-01357 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE City of Miami Page 7 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $49, 000, FROM FISCAL YEAR 2004-2005 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT NO. 001000.820101.6340. 25019, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CODE ENFORCEMENT BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. 04-01357-cover memo.pdf 04-01357-memo.pdf 04-01357-resolution.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0003 CA.4 04-01359 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY FRANCISCO AND LIBIA ALVAREZ, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $75,000 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 FRANCISCO ALVAREZ AND LIBIA ALVAREZ VS. CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 02-26317 CA (21), UPON EXECUTING GENERAL RELEASES OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF- INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001. 624401.6.653. 04-01359-cover memo.pdf 04-01359-memo. pdf 04-01359-resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0004 CA.5 04-01361 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JUAN PABLO HERNANDEZ, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $475,000 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 JUAN PABLO HERNANDEZ V. CITY OF MIAMI, ET AL., IN THE UNITED STATES DISTRICT COURT, CASE NO. 99-1204-CIV-JORDAN, UPON EXECUTING A GENERAL RELEASE AND DISMISSAL OF THE CITY OF MIAMI, AND 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, City of Miami Page 8 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 INDEX CODE NO. 515001.624401.6.652. 04-01361-cover memo.pdf 04-01361-memo.pdf 04-01361-resolution. 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-05-0040 CA.6 04-01371 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JORIE K. RAFALOWSKI, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $49,999 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 JORIE K. RAFALOWSKI V. CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 02-28845 CA 04, UPON EXECUTING A GENERAL RELEASE FOR 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. 515001.624401.6.651. 04-01371-cover memo.pdf 04-01371-memo.pdf 04-01371-resol utio n. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0005 CA.7 04-01372 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MIAMI-DADE COUNTY, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $1,451,794 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 NEXTEL V. CITY OF MIAMI AND MIAMI-DADE COUNTY, IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 01-26832 CA 09, UPON THE EXECUTION BY MIAMI-DADE COUNTY AND NEXTEL SOUTH CORP., OF A GENERAL RELEASE AND DISMISSAL OF THE CITY OF MIAMI, FROM ANY AND ALL CLAIMS AND DEMANDS RAISED IN SAID LAWSUIT; ALLOCATING FUNDS FROM THE PUBLIC SERVICE TAX - SPECIAL REVENUE FUNDS, INDEX CODE NO. 170001.000000.2235. City of Miami Page 9 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 04-01372-cover memo.pdf 04-01372-memo. pdf 04-01372-resolution. pdf 04-01372-Substitute Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0006 CA.8 04-01380 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF THE LAW FIRM OF GUNSTER, YOAKLEY & STEWART, P.A., TO RENDER LEGAL SERVICES CONCERNING THE LEASE AND DEVELOPMENT OF WATSON ISLAND BY FLAGSTONE PROPERTIES, LLC, IN AN AMOUNT NOT TO EXCEED $20,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNT CODE NO. 344102.239501.6.250, FOR SAID SERVICES. 04-01380-cover memo.pdf 04-01380-memo.pdf 04-01380-resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0007 CA.9 04-01382 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MAGDELINE MARSAN, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $67,500 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 MAGDELINE MARSAN V. CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 00-30704 CA (30), UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.653. 04-01382-cover memo.pdf 04-01382-memo.pdf 04-01382-resolution. pdf 04-01382-Substitute Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City of Miami Page 10 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 R-05-0008 CA.10 04-01395 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF TWO (2) AMERICAN HAWK TRASH BODY AND CRANE TRUCKS, FROM ATLANTIC TRUCK CENTER, FOR THE DEPARTMENT OF SOLID WASTE, UTILIZING EXISTING FLORIDA SHERIFFS ASSOCIATION/ FLORIDA ASSOCIATION OF COUNTIES/FLORIDA FIRE CHIEFS' ASSOCIATION BID AWARD NO. 04-12-0823, EFFECTIVE UNTIL SEPTEMBER 30, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY SAID ASSOCIATIONS, IN AN AMOUNT NOT TO EXCEED $126,882, PER TRUCK, FOR A TOTAL AMOUNT NOT TO EXCEED $253,764; ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENTS PROJECT NO. 353018.329401.6.840. 04-01395-summary form.pdf 04-01395-bid award announcement.pdf 04-01395-sheriff memo.pdf 04-01395-2005 sterling acterra.pdf 04-01395-q uotations. pdf 04-01395-specs proposal.pdf 04-01395-resolution.pdf DEFERRED Item CA. 10 was deferred by Commissioner Winton to February 10, 2005. CA.11 04-01396 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF TWELVE (12) DUMP BODY TRASH TRUCKS, FROM ATLANTIC TRUCK CENTER, FOR THE DEPARTMENT OF SOLID WASTE, UTILIZING EXISTING FLORIDA SHERIFFS ASSOCIATION/FLORIDA ASSOCIATION OF COUNTIES/FLORIDA FIRE CHIEFS' ASSOCIATION BID AWARD NO. 04-12-0823, EFFECTIVE UNTIL SEPTEMBER 30, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY SAID ASSOCIATION(S), IN A TOTAL AMOUNT NOT TO EXCEED $832,404; ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENTS PROJECT NO. 353019.329401.6.840. 04-01396-summary form.pdf 04-01396-sterling acterra.pdf 04-01396-bid award notice.pdf 04-01396-sheriffs memo.pdf 04-01396-q uotations. pdf 04-01396-specification proposal.pdf 04-01396-resolution.pdf DEFERRED Item CA. 11 was deferred by Commissioner Winton to February 10, 2005. CA.12 04-01397 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BIDS OF QUALITY WIRING, INC. (PRIMARY VENDOR) AND 4NET NETWORKING CORPORATION (SECONDARY VENDOR), PURSUANT TO INVITATION FOR City of Miami Page 11 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 BIDS NO. 03-04-161, FOR THE PROVISION OF TELECOMMUNICATIONS WIRING SERVICES, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY TO BE UTILIZED CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $250,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,000,000; ALLOCATING FUNDS FROM THE OPERATING BUDGETS OR CAPITAL IMPROVEMENT PROJECTS OF VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT ONLY TO BUDGETARY APPROVAL. 04-01397-summary form.pdf 04-01397-award approval form.pdf 04-01397-bid security Iist.pdf 04-01397-tabulation of bids. pdf 04-01397-resolution.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-05-0041 CA.13 04-01398 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF CORPORATE PROTECTIVE SECURITY GROUP, INC., FOR THE PROVISION OF SPECIAL EVENT SECURITY AND PARKING CONTROL SERVICES, FOR THE BAYFRONT PARK MANAGEMENT TRUST (" TRUST") ON AN AS -NEEDED CONTRACT BASIS, FOR A TWO-YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE- YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $165,000, FOR A TOTAL CONTRACT AWARD AMOUNT NOT TO EXCEED $660,000; ALLOCATING FUNDS FROM THE TRUST'S OPERATING BUDGET. 04-01398-cover memo. pdf 04-01398-award form.pdf 04-01398-bid security list.pdf 04-01398-tabulation. pdf 04-01398-resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0009 CA.14 04-01399 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID OF METRO MEDICAL SUPPLY, INC., PURSUANT TO INVITATION FOR BIDS NO. 02-03-147, FOR THE PROCUREMENT OF MEDICAL DIGITCARE BARRIERMAX AND FRONTLINE EXAMINATION GLOVES, FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN AS -NEEDED CONTRACT BASIS, FOR A TWO-YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO City of Miami Page 12 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT EXCEED $59,832, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $ 239,328; ALLOCATING FUNDS FROM THE DEPARTMENT OF FIRE - RESCUE GENERAL FUNDS ACCOUNT CODE NO. 001000.280601.6.714. 04-01399-summary form.pdf 04-01399-award form.pdf 04-01399-tabulation of bids.pdf 04-01399-award sheet.pdf 04-01399-bid security list.pdf 04-01399-city fax.pdf 04-01399-d ig itca re. pdf 04-01399-bid security list2.pdf 04-01399-resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0010 CA.15 04-01400 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACQUISITION OF PROCUREMENT CARD SERVICES, FROM CHASE MANHATTAN BANK USA, UTILIZING AN EXISTING CONTRACT, PURSUANT TO REQUEST FOR PROPOSALS NO. 03-13 WITH THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY CONTRACT NO. 15388, EFFECTIVE THROUGH OCTOBER 1, 2008, FOR THE DEPARTMENT OF PURCHASING TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES ON AN AS - NEEDED CONTRACT BASIS, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY; ALLOCATING FUNDS FROM THE CURRENT FISCAL YEAR'S OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROCUREMENT CARD SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 04-01400-exh i b it l A. pdf 04-01400-exh ib it1. pdf 04-01400-exhibit2. pdf 04-01400-exhibit3. pdf 04-01400-exhibit4. pdf 04-01400-exh ib it5. pdf 04-01400-addend u m. pdf 04-01400-resol ution. pdf 04-01400-request for proposal.pdf 04-01400-memo.pdf 04-01400-master agreement.pdf 04-01400-contract.pdf 04-01400-award form.pdf 04-01400-summary form.pdf City of Miami Page 13 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 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-05-0042 CA.16 04-01404 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA, THE METROPOLITAN POLICE DEPARTMENT OF THE DISTRICT OF COLUMBIA AND THE CITY OF MIAMI ("CITY"), ON BEHALF OF THE CITY'S DEPARTMENT OF POLICE, TO PARTICIPATE IN THE PRESIDENTIAL INAUGURATION TASK FORCE IN THE WASHINGTON, D.C. AREA FROM JANUARY 15, 2005, TO JANUARY 21 , 2005. 04-01404-summary form.pdf 04-01 404-resolution. pdf 04-01 404-exhibit. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0011 Direction by Commissioner Regalado to the Administration to consider having one of the City's Sergeant -at -Arms participate in the Presidential Inauguration Ceremony. CA.17 04-01410 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, FOR THE PURPOSE OF SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE URBAN AREAS SECURITY INITIATIVE ("UASI") III PROJECT ADMINISTERED BY THE CITY OF MIAMI'S DEPARTMENT OF FIRE -RESCUE, AS AN UASI SPONSORING AGENCY; CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED IN THE FORM OF GRANTS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY'S OFFICE FOR DOMESTIC PREPAREDNESS THROUGH THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT. 04-01410-summary form.pdf 04-01410-master report.pdf 04-01410-resolution. pdf 04-0141 0-exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City of Miami Page 14 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 R-05-0012 CA.18 04-01415 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST/NORTHEAST 10TH STREET FROM BISCAYNE BOULEVARD TO NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, AS "JOSE FERRER STREET;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 04-01415-summary form.pdf 04-01415-resol ution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0013 CA.19 04-01416 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO NATURAL AND MANMADE DISASTERS OR EMERGENCIES AS DEFINED IN PART 1, CHAPTER 23, OF THE FLORIDA STATUTES. 04-01416-exh ibitl .pdf 04-01416-exh ibit2. pdf 04-01416-resolution. pdf 04-01416-police letter.pdf 04-01416-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0014 CA.20 04-01417 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $50,764, FOR A ONE-YEAR PERIOD, TO THE DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, COURT OVERTIME REDUCTION PROJECT; ALLOCATING SAID FUNDS FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT IX PROGRAM, ACCOUNT CODE NO. 142023.290548.6.270. City of Miami Page 15 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 04-01417-summary form.pdf 04-01 41 7-memo. pdf 04-01417-police letter.pdf 04-01 41 7-resolution. pdf 04-01417-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0015 CA.21 04-01418 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHWEST 16TH AVENUE FROM SOUTHWEST 8TH STREET TO SOUTHWEST 12TH STREET, MIAMI, FLORIDA, AS "A.W. GORT WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 04-01418-summary form.pdf 04-0141 8-resolution.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0016 CA.22 04-01419 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 51 ST AVENUE FROM NORTHWEST 7TH STREET TO NORTHWEST 2ND STREET, MIAMI, FLORIDA, AS "JUAN AMADOR RODRIGUEZ WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 04-01419-summary form.pdf 04-01419-resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0017 CA.23 04-01420 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 02-635, ADOPTED JUNE 13, 2002, WHICH CODESIGNATED CERTAIN STREETS AS "CALLE GERARDO TUNON" BY CHANGING THE CODESIGNATED STREETS TO SOUTHWEST 18TH AVENUE FROM FLAGLER STREET TO SOUTHWEST 1ST STREET AND CHANGING THE NAME TO "AVENIDA GERARDO TUNON" ; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF City of Miami Page 16 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 04-1420-summary form.pdf 04-1420-pre resolution.pdf 04-1420-resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0018 CA.24 04-01421 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MARISOL FLORES, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $57,500 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 MARISOL FLORES V. CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO.02-30775 CA (09), UPON EXECUTING A GENERAL RELEASE FOR 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. 515001.624401.6.651. 04-01421-cover memo.pdf 04-01421-memo. pdf 04-01421-resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0019 CA.25 04-01422 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ALLEN KATZ, ESQUIRE, TRUST ACCOUNT, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $72,000 ( SEVENTY TWO THOUSAND DOLLARS) 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 EMILIA RODIL, ETC., ET. AL. V. CITY OF MIAMI, IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 01-26899 CA 08, UPON EXECUTING A GENERAL RELEASE FOR 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. 04-01422-cover memo.pdf 04-01422-memo.pdf 04-01422-resolution.pdf City of Miami Page 17 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0020 CA.26 04-01423 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING, THE CITY MANAGER'S FINDING OF AN EMERGENCY AND EXECUTION OF AMENDMENTS NO. 1 AND 2 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (" SFWMD") FOR THE PINEHURST STORMWATER DRAINAGE PROJECT, THE FLAGAMI, WEST END AND FAIRLAWN PROJECTS, PURSUANT TO RESOLUTION NO. 02-257, ADOPTED MARCH 7, 2002, FURTHER AMENDED BY RESOLUTION NO. 02-328, ADOPTED MARCH 14, 2002, TO PROVIDE FOR THE FOLLOWING: (1) EXTENDING THE PERIOD OF PERFORMANCE FOR A TOTAL OF FORTY-FIVE (45) MONTHS, UNTIL DECEMBER 13, 2006; (2) INCREASING THE AGREEMENT IN AN AMOUNT NOT TO EXCEED $750,000, FOR A TOTAL AMOUNT OF $2,000, 000; (3) AMENDING THE STATEMENT OF WORK TO INCLUDE THE PINEHURST STORMWATER DRAINAGE PROJECT; AND (4) REVISING THE PAYMENT AND DELIVERABLES SCHEDULE; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $750,000, FROM CAPITAL IMPROVEMENTS PROJECT NO. 352191 ENTITLED "PINEHURST STORM SEWERS" FOR B- 50683, PINEHURST STORM SEWER RETROFITTING, FOR SAID PURPOSE. 04-01423-exh ibitl .pdf 04-01423-exh ib it1 c1. pdf 04-01423-exhibitl dl .pdf 04-01423-exh ib it2. pdf 04-01423-exh ibit2d2. pdf 04-01423-terms and conditions.pdf 04-01423-resolution.pdf 04-01423-payment.pdf 04-01423-statement of work.pdf 04-01423-contract.pdf 04-01423-ag reeme nt. pdf 04-01423-memo.pdf 04-01423-pre resolution2.pdf 04-01423-pre resolutionl.pdf 04-01423-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0021 CA.27 04-01424 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING RESOLUTION NO. 04-0621, ADOPTED SEPTEMBER 23, 2004, WHICH City of Miami Page 18 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 AUTHORIZED AN INCREASE, IN THE PROFESSIONAL SERVICES AGREEMENT WITH MILIAN, SWAIN & ASSOCIATES, INC., IN AN AMOUNT NOT TO EXCEED $23,347, FOR THE PROJECT ENTITLED "LUMMUS LANDING -RIVERSIDE RIVERFRONT REDEVELOPMENT PROJECT, B-30286 ," BY CORRECTING THE FUNDING SOURCE FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 322064 TO CIP NO. 326015 ENTITLED "CITYWIDE WATERFRONT IMPROVEMENTS." 04-01424-summary form.pdf 04-01424-text file report.pdf 04-01424-master report.pdf 04-01424-amendment to PSA.pdf 04-01424-MSA.pdf 04-01424-fee estimate.pdf 04-01424- pre PSA.pdf 04-01424-pre resolution1.pdf 04-01424-pre resolution2.pdf 04-01424-pre resolution3.pdf 04-01424-resol ution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0022 CA.28 04-01432 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF HOGAN & HARTSON, L.L.P. FOR LEGAL SERVICES PROVIDED TO THE CITY OF MIAMI IN CONNECTION WITH ILLEGALLY PLACED BILLBOARDS AND THE CASE OF NATIONAL ADVERTISING CO. VS. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT, CASE NO. 01-3039 CIV-KING, AND ALL RELATED BILLBOARD CASES, IN AN AMOUNT NOT TO EXCEED $250,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. 04-01432-cover memo.pdf 04-01432-memo.pdf 04-01432-resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0023 Adopted the Consent Agenda City of Miami Page 19 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen END OF CONSENT AGENDA Chairman Sanchez: We go to the consent agenda. The consent agenda. The Commissioners had an opportunity to review the consent agenda. Are there any items that the Commission would like to pull for discussion on the consent agenda? If not, we'll entertain -- Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner -- Commissioner Winton: I have a lot of items. Chairman Sanchez: OK. Commissioner Winton, you're recognized to pull the items. Commissioner Winton: 1 want to pull CA.5, I want to pull CA.10 --1'm pulling CA.5 for one reason. 1 want to pull CA.10 and 11, which are procurement issues, where the justification is as bad as anything I've ever seen. It just simply says we need new trucks, and that doesn't work. There has to be a justification in this stuff. I've done this since I got elected. If the department can't justify, in writing, why they're spending our money, then I don't approve it, and if you remember -- I think it was about a month ago -- I think it was the IT (Information Technology) Department and GSA (General Services Administration) did exceptional justifications that they put in our books for us on procurement and I recognize that exceptional justification, but this just simply says, "Our trucks are old. We need new trucks." Well, you know, that doesn't work, so I want to pull CA.10 and 11. I want to discuss CA.12 and discuss CA.15. We may be able to, Mr. Chairman, if you want to, we could discuss CA.12 and CA.15 after the lunch break, or 1 could discuss it with staff during the lunch break, or we could do it right now. 1 don't care. Chairman Sanchez: For the point of clarification, Commissioner Winton, just for my record, you're having items CA.5, CA.12 and -- Commissioner Winton: No, CA -- Chairman Sanchez: I'm sorry, CA.10 and 11-- Commissioner Winton: -- 10 and 11. Chairman Sanchez: -- pulled. Let's do it again. CA.5, CA.10 and 11 are being pulled; CA.12 and 13, you're asking for a discussion. Commissioner Winton: Right. Chairman Sanchez: OK. Any other items? Commissioner Winton: Because 1 don't understand them clearly, and that -- I mean, it's not written poorly, but I just don't understand -- Chairman Sanchez: Madam Clerk. Priscilla A. Thompson (City Clerk): I'm sorry. Is it CA.12 and 15 or 13 that you want -- Commissioner Winton: 12 and 15. City of Miami Page 20 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Ms. Thompson: 15. Thank you. Chairman Sanchez: Oh, 12 and 15? Ms. Thompson: Yes. Commissioner Winton: 12 and 15. I'm sorry. Chairman Sanchez: I'm sorry. Commissioner Winton: Yeah, 12 and 15 for discussion. Chairman Sanchez: All right, so why don't we do -- why don't we pull those items, unless any other Commissioners have any other items that they want to pull, and then we'll approve the consent agenda, and well go back to the ones you want to discuss, and the one you want to table, we could table them till the afternoon; how's that? Commissioner Winton: OK. Chairman Sanchez: OK. Any other items wishing to be pulled or discussed by any other Commissioners? Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Commissioner Regalado. Commissioner Regalado: On -- I'm not pulling any items; I'm just -- a thought on CA.16, the Memorandum of Understanding, with the Office of the United States Attorney for the District of Columbia, for the Police Department to go to Washington. First of all, I think it's an honor that our police department will participate in the ceremonies, but I do think that maybe one of the several sergeant of arms that we have here in City Hall should be included because this is about security, and it would show them, you know, firsthand, at least one of the several we have. I think we have six or -- maybe six, I don't know -- in that trip, so that's just a thought, but I think it'd be nice for one sergeant of arms to see the security. I know because I've covered five Presidential inaugurations and it's a real experience in terms of the secret service and all that. That's just a comment. Chairman Sanchez: OK. Any -- Vice Chairman Gonzalez.: Is that a motion? Chairman Sanchez: There is no motion -- Commissioner Allen: No -- right. Chairman Sanchez: -- on that. Vice Chairman Gonzalez: You want -- Commissioner Regalado: It's a motion. It's up to the Chief whatever he wants to do. Vice Chairman Gonzalez: So requesting the Chief -- Chairman Sanchez: And could you clar5 your motion, to have one of the sergeant at arms City of Miami Page 21 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 represent us? Commissioner Winton: No. I think he was making a -- Vice Chairman Gonzalez: I'll echo your comments, by the way. I think that is -- Commissioner Regalado: I'm just making a comment -- Commissioner Winton: Yes. Commissioner Regalado: -- that I think, you know, security wise, it would be nice for -- to have one sergeant of arms, of all the ones we have here, to go see -- to go participate. 1 mean, you know, that's all. Chairman Sanchez: All right, Chief just a recommendation. Commissioner Regalado: Whatever. Chief John Timoney (Chief of Police): I'll take it under consideration, yes, sir. Chairman Sanchez: OK. Any other item? Commissioner Winton: And I do have kind of a general question about settlements. At the last month's Commission meeting, we had a huge number of settlements. This month's Commission meeting, we have a bigger number of settlements. Commissioner Allen: Right. Commissioner Winton: What's going on? Commissioner Allen: Well, if I may, Mr. Chairman, before -- Chairman Sanchez: Commissioner Allen -- Commissioner Allen: Yeah. Chairman Sanchez: -- you're recognized for the record. Commissioner Allen: Yeah. First of all, 1 want to second. I believe, Commissioner Winton did suggest CA.12 as a discussion item that you pulled; am 1 correct? Commissioner Winton: Yeah. Commissioner Allen: I'm just trying to recollect. Commissioner Winton: Yes. Commissioner Allen: Yeah. I want to share in that, as well. Now, having said that, I think I can shed some light on most of these settlements, if I could, just -- and, of course, I don't know if I can speak for the City Attorney, but typically, as 1 look through the agenda, most of these are either personal injury cases and, for that matter, potential -- well, they're all lawsuits, and what typically happens in the legal profession is, at the end of the year, for fiscal purposes, everyone likes to close up their books and that's generally when you see a great deal of activity heading towards the end of the year to try to resolve cases, get them settled, so you have a fresh start going to the following year, so that may account for perhaps why we have a great many City of Miami Page 22 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 settlement offers before the Commission. Commissioner Winton: Well, that might account for last month's, but this is the beginning of this year now. Jorge L. Fernandez (City Attorney): Just to ampler on what Commissioner Allen was explaining, in the industry, in the legal practice, the holidays, beginning with Thanksgiving, going through the Christmas holiday, is always a time when insurance companies and those that sue typically reach some sort of an agreement because money is always a good commodity to have during the holidays, and so typically, if you look at a cyclical chart, you would see that during the months of December and January, which are the months where the settlements are reached, but they don't come to you because of the fact that you don't meet as often, then those -- that explains part of that. There is another second reason that's just as important, and that has to do with the fact that I have now become your City Attorney, and I am -- given myself the task of pushing forward a lot of issues, cleaning the slate, doing a lot of things that I need to do so that I can get my arms around it, so that 1 can hold it, hug it, keep it tight to me, and part of the reason is that push that I'm giving instructions in my office, that a lot of these cases that have lingered, many of these have been four or five years in the making, and in a close analysis of them, I believe it's in the best interest of this City to dispose of them in this fashion, so those two reasons combined -- Commissioner Winton: Why is that, so we can pay out money faster? I mean, I don't -- I'm not sure I understand that. Mr. Fernandez: No, so that we can dispose of them and clean the slate. There are -- these have been -- Commissioner Winton: It doesn't do -- OK. I'm sorry. Mr. Fernandez: I'm sorry. They have been lingering on without any real -- perhaps, any real reason, and -- Commissioner Winton: So the taxpayers' money is still in the bank while they're lingering. Mr. Fernandez.: And so the question is, do we -- it's money that, at one time or another, we would have to pay, and I am making a decision that you are -- have every right to question and challenge that it is in the best interest of the Commission and of the City to address these issues aggressively. Having liability on the books, which is not going to go away merely by the passage of time, doesn't necessarily do anything to the reserves or to the actuarial practices of the Self - Insurance Trust Fund. Commissioner Winton: Well -- but I have two -- and they're opposite ends of the spectrum thoughts about this. One is that it's crystal clear to me that -- and this is one end of the spectrum, and I'll go to the other in a minute -- that government is an easy target; is sued by everybody and their grandmother, and so settling lawsuits is not necessarily, in my mind, a smart way to deal with these issues because you're rewarding people by paying out money as quickly as you can, and you're rewarding people to sue the City and I'm not sure that that's a good policy to get into. The other side of the spectrum, however, relates to fault. I don't know who's at fault in all of this stuff because I haven't had a chance to talk to you about all of these particular issues, but the other end of the spectrum says, on the flip side, is if you, as a City Attorney, are trying to clean up the books, create aflesh slate, move forward, that idea could make some sense if you've got policies in place that make sure, particularly if the City's truly liable, that we're not going to have these liability issues coming forward; that -- Mr. Fernandez.: And that is the case. City of Miami Page 23 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Winton: -- issues relative to slip and fall, sidewalk replacement, issues relating to accidents where employees are running into the back of people, if there's some mechanism that assures that there is also penalties for employees who are recklessly endangering the public and causing -- costing us money, then you've got, on this other side, as you're cleaning it up, you've got a new procedure that's going to assure that you don't have so many claims moving forward, but just cleaning them up because I want to clean them up, I don't think that does the City any good at all. Mr. Fernandez: And it doesn't. 1 misspoke, if that's the impression 1 gave you. Of the two spectrum that you presented, it is the latter, not the former that we're certainly pursuing. We, as your attorneys and as officers of the court, are committed, above all, to doing the right thing, and that is that whenever we feel that the City has acted in a manner in which there is some exposure, things that we will never admit and acknowledge, because in legal terminology, you reach -- Commissioner Winton: (UNINTELLIGIBLE), right. Mr. Fernandez: -- settlements without admitting liability, those are the ones that I am bringing to you because I believe that the City is capable of doing things that perhaps are not always following best standards, and if those instances -- it's in the best interest of the citizen and of the City to act responsibly and to settle those cases. Commissioner Winton: And to correct some deficiencies that create those things internally, anyhow. Mr. Fernandez: And that, the City Manager and I, very, very diligently address those issues every time we find that there is employee misconduct or negligence or -- to make sure that those are corrected. Commissioner Winton: Well, at the break, maybe you and I can talk about CA.5, which will lead, maybe, to some answers related to what you just said -- Mr. Fernandez.: Yes. Commissioner Winton: -- and that is, what -- is there a penalty -- you know, if I'm reckless -- if I'm a City employee and I'm recklessly endangering the public because of my own actions, is there a penalty? Is there new training? Is there new something? Or is it just we're handing out the money and nothing happens? Mr. Fernandez: No. There is -- Commissioner Winton: So I would like to talk to you about that -- Mr. Fernandez: We will. Commissioner Winton: -- in private -- Mr. Fernandez: Very well. Commissioner Winton: -- because I'm sure you don't want to talk about it in public. Chairman Sanchez: All right. Madam Clerk, for the record, could you state the items that have been pulled and the items that were discussed or willing to be discussed by the Commissioner in the afternoon? City of Miami Page 24 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Ms. Thompson: I have listed as items to be pulled CA.5, 10 and 11. Those set up for discussion, CA.12 and CA.15, and there was a general discussion on settlements just now. Chairman Sanchez: Unless the Commissioner who proposed a discussion brings them back up in the afternoon. Commissioner Winton: Bingo. Chairman Sanchez: If not -- Commissioner Winton: Right. Chairman Sanchez: -- then they will be rolled over to the first meeting of February. Ms. Thompson: Fine. Chairman Sanchez: Understood? Ms. Thompson: Yes. Thank you. Chairman Sanchez: Thank you. OK. Any further discussion on any other items on consent agenda. If not, we need a motion to approve the consent agenda. Vice Chairman Gonzalez: I'll move to approve the consent agenda. Chairman Sanchez: 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. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The consent agenda was approved unanimously. Commissioner Winton: Now, I have the CA (Consent Agenda) items. Chairman Sanchez: Yeah, let's go down -- listen, all we have right now, it's my understanding, CA.12, CA.15 will be brought back and discussed. I know that we have deferred -- or pulled to the next Commission meeting -- Commissioner Winton: 10 and 11. Chairman Sanchez: -- CA.5, CA.10 and CA.11, correct? Commissioner Winton: No, CA.5 can come back, but it's 10 and 11 that can't. Chairman Sanchez: OK, 10 and 11 were deferred as our Code -- Commissioner Allen: Right. Chairman Sanchez: -- to the next meeting in February, the first meeting of February. Madam City of Miami Page 25 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Clerk. Ms. Thompson: Yes, sir. Chairman Sanchez: OK, so let's bring CA. 5 back. That's the settlement of Juan Pablo Hernandez -- Commissioner Winton: Right. Chairman Sanchez: -- for 475, 000. Commissioner Winton: I will move that. Chairman Sanchez: So you're satisfied with the -- Commissioner Winton: I'm satisfied. Commissioner Allen: Satisfied. Chairman Sanchez: OK. There's a motion to -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- approve Consent Agenda 5. Vice Chairman Gonzalez: I'll second. Chairman Sanchez: It is a motion by Commissioner Winton, second by Vice Chairman Gonzalez . 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." CA.5 has been approved unanimously. We move on to -- what's the next item that you want -- Commissioner Winton: CA.12. Chairman Sanchez: CA.12 is accepting bids of Quality Wiring, Inc. and that was for discussion. Are you satisfied with it? Commissioner Winton: Well, they're -- I think staffs going to -- this is the one on cabling and wiring and all that jazz. Chairman Sanchez: All right. Staff -- Commissioner Allen: Right. Commissioner Winton: And they wanted a limit of 400, 000. 1 think they're going to ask for 250, 000 now. Chairman Sanchez: All right. Staff, you need to put your -- Commissioner Allen: OK, so that -- Chairman Sanchez: -- statement on the record, and then we need a motion and a second for the City of Miami Page 26 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 purpose of discussion, so sir, you're recognized on this item. Commissioner Winton: Chairman had you turned off. Chairman Sanchez: You can speak now. Glenn Marcos: Glenn Marcos, Purchasing Director. Chairman Sanchez: Great powers the Chair has. Mr. Marcos: For the record, what we are requesting from the City Commission is to amend the resolution on the floor to change the actual annual amount not to exceed from 400,000 to $250, 000. Commissioner Winton: So moved. Commissioner Allen: Good, good. That -- because that was one of my concerns -- Commissioner Winton: So moved. Commissioner Allen: -- the amount. I'm glad you addressed it. Good. Chairman Sanchez: All right. Vice Chairman Gonzalez: Second. Chairman Sanchez: On the item, there's a motion by Commissioner Winton, who had pulled the item for discussion. Vice Chairman Gonzalez.: Second, as amended. Chairman Sanchez: Second, as amended, by Vice Chairman Angel Gonzalez. It is open for discussion, and it's a consent agenda item. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." It carries. OK. Commissioner Winton, any other item on consent agenda? Commissioner Winton: Yeah, CA.15. I would like to move CA. 15. Chairman Sanchez: CA.15 is the procurement card service. Vice Chairman Gonzalez: Second Chairman Sanchez: And there's a motion on CA.15, second -- motion is made by Commissioner Winton, second by Vice Chairman Angel Gonzalez. It's open for discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." CA.15 has been approved. PERSONAL APPEARANCE City of Miami Page 27 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 PA.1 05-00001 DISCUSSION ITEM MS. GLORIA VELAZQUEZ FROM GREENBERG TRAURIG, TO ADDRESS THE COMMISSION CONCERNING THE REQUEST OF THEIR CLIENT THE FOUR SEASONS HOTEL AND TOWERS - 1441 BRICKELL AVENUE TO PLACE DIRECTIONAL SIGNAGE FOR THEIR PRIVATE PARKING GARAGE AND VALET PARKING AREA WITHIN THE PUBLIC RIGHT OF WAY. 05-00001-fax1.pdf 05-00001-fax2. pdf 05-00001-letters. pdf 05-00001-pictures.pdf 05-00001-summary form.pdf A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, to grant the request of the Four Seasons Hotel and Towers, located at 1441 Brickell Avenue, Miami, Florida, to place directional signage for their private parking garage and valet parking area within the public right of way. Chairman Sanchez: We move to the Personal Appearance. We have a personal appearance, Gloria Velazquez, with the Four Seasons. Is she here? Well, Gloria is not here, but she's well represented. Adrienne Pardo: Hello. Adrienne Pardo, with law offices at 1221 Brickell Avenue. I'm here on behalf of Millennium Partners, the Four Seasons Hotel and Tower. This particular item was before you before in September, and we're requesting to have two locational/directional signs that are located in the public right-of-way. There's a provision pursuant to the City Code, Section 54-8, which allows for this. It's just two small signs, and I'll show you exactly where they're going to be located on the property. This is Brickell Avenue over here, so one sign is right here and the other one is back here, and it's just directing the individuals where to go for the valet parking or for the residential parking. Commissioner Winton: Which is difficult to figure out. Chairman Sanchez: All right. This is a discussion item that may result in legislative action by the Commission. Ms. Pardo: Well, I think you can -- Commissioner Winton: Do you want -- Ms. Pardo: You can pass a resolution now. We were before you -- Gloria was before you in September and, at the time, Commissioner Winton had requested -- wanted to make sure that the Brickell Homeowners' Association was aware of this and whether they supported it or not, and since then, we did submit a letter, and it should be in your package. I have extra copies, as well, from the Brickell Homeowners' Association, that they are in support of this request. Commissioner Winton: Move the request. Commissioner Allen: Right. Chairman Sanchez: OK. There is a -- Commissioner Regalado: Second. City of Miami Page 28 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Sanchez: -- motion -- there is a -- Commissioner Regalado: Second. Chairman Sanchez: -- motion by Commissioner Winton, second by Commissioner Regalado. It is open for discussion. Any discussion on the item? If not, the Chair will discuss the item. The only concern that I have here is that we may have other businesses, other hotels coming in front of this Commission, basically, asking for the same thing or something similar, and I would just like to make sure that there is a justification and there is a set of rules that are applied to maybe doing it when it is written, that shows some hardship, puts down some rules to make sure that not everyone's going to be in front of the Commission asking for, "Hey, I want a sign showing people where to park in my business or how to get into my business." That's a concern. Having said that, I would like -- Commissioner Allen: Before we -- Mr. Chairperson, if I may weigh in. You make a very compelling point because we are setting a precedent here. If I can ask counselor, what's -- you know, how do you distinguish Four Seasons as compared to any other business that may come forward? Chairman Sanchez: And the Chair will yield to Commissioner Allen. Commissioner Allen: How would you distinguish it, in the way of a hardship case? Ms. Pardo: Well, I think, number one, there is a provision in the Code that does allow for it. You have it in place currently, which is Section 54-8, which allows the Commissioner -- the Commission to do this. It also provides that the sign -- Commissioner Allen: Yeah, but counselor, could you just quickly speak -- Ms. Pardo: Yes, with the hardship. Commissioner Allen: -- substantively with respect -- Ms. Pardo: Yes. Commissioner Allen: -- with respect to 54-8 -- Ms. Pardo: With regard to this -- Commissioner Allen: -- not just cursory? Yeah. Ms. Pardo: Traffic, obviously, in the Brickell area is extremely important, and to get that traffic off the road and into these buildings is very important. In this particular case, in order to see where the entrances are and in order to have the location for the signage, they didn't have enough space here, and that's why they had to put these small signs in the public right-of-way. It's a large building. It has a lot of uses in it, and they're trying to facilitate the traffic in this area so that they can get it off the street immediately and into the particular project so that you won't have a problem, and they were having confusion in this case with people driving around and, therefore, taking up more traffic than is necessary. Commissioner Allen: 1 gather your client didn't conduct a Traffic Impact Study in any way, relative to this issue? Ms. Pardo: No, they did not. It's just -- it's really two small signs that is going to benefit the public and it's benefiting the City. I think, having the Four Seasons within this community is a City of Miami Page 29 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 big boost to our community, and there are other businesses in town, you know. Commissioner Allen: Right. Because, see, here's my concern -- and I share the concerns of the - - of Commissioner Sanchez -- and I understand Commissioner Winton's position as well, but you know, a criteria has to be established here on the record here. I mean, we can't just arbitrarily do this. I mean, everyone can come before us and say, "Well, I have a compelling reason. Here's why." 1 mean, we -- you guys haven't done a Traffic Impact Study to determine whether or not you meet the criteria under 54-8, so you know, frankly speaking -- I mean, perhaps -- did you discuss this with one of the departments, by any chance, or -- Commissioner Winton: Well, and it's been before the Commission, so it's (UNINTELLIGIBLE). Ms. Pardo: Right, it was before the Commission, and at that time, they -- you had just requested Commissioner Allen: Oh, OK. Ms. Pardo: -- that we get the letter from the Brickell Homeowners' Association. Commissioner Allen: OK, and that would suffice, just getting a letter from the surrounding homeowners? Commissioner Winton: The homeowners association. Commissioner Allen: Right, homeowners association. Commissioner Winton: We sent them back to homeowners association. I'm not sure Public Works is in favor of this, at all. Chairman Sanchez: Director, why don't you give us your personal -- Commissioner Allen: Yeah. Chairman Sanchez: -- your personal opinion on this matter. Stephanie Grindell (Director, Public Works): Stephanie Grindell, Director of Public Works. Chairman Sanchez: Your professional opinion on this matter. Ms. Grindell: The issue, as far as Public Works is concerned, is not related to aesthetics. The placement of those signs within the right-of-way is not in compliance with state and federal standards. Commissioner Allen: Well, you're saying, it's not in compliance? Ms. Grindell: No, it's not. Those -- the MUTCD's (Manual of Uniform Traffic Control Devices), Manual of Uniform Traffic Control, is intended to -- Commissioner Winton: I can't hear you. Ms. Grindell: The state and federal standards allow for signage placement when it's intended to guide traffic, and -- it's intended to provide consistency, and placement of those signs changes the safety levels and driver expectancy, and -- Commissioner Winton: How's that? City of Miami Page 30 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Ms. Grindell: By -- the Uniform Manual allows for a certain type of signage to be out -- to be throughout the cities and counties and states all around the nation so that they're always the same, and placement of signage that's not in that manual is -- it changes the driver's expectancy. Commissioner Winton: So what she's saying is that rather than having these monument signs, that we ought to have a standard kind of ugly County sign on Brickell that directs the traffic because that's what the -- at least according to the bureaucrats, they're going to say that that's the standard that the public is used to looking at, so let's put an ugly sign out on Brickell, and so maybe we need to do that, but I will tell you, as one who's gone to the Four Seasons many times - - and you ought to go -- it is very difficult -- Commissioner Allen: I have been there a couple of times. You're quite right. Commissioner Winton: Right. You cannot figure out -- now, this is a 1.2 million square foot building that's in the most conjested area in the entire City of Miami. We have more high-rises, per square foot of land, in that area back there than anywhere else in the City of Miami with relatively narrow streets, so this traffic impact is a big issue in there, and as you've seen, Commissioner, you know that when you start going, you don't know which of these -- you know, where are you -- where am 1 suppose to go? The first three times I went to the Four Seasons, I had to circle the block trying to figure out what entrance I'm supposed to go in there. Anyone who's new is going to go through that. Now, anybody who's used to it, they get it figured out and they don't do that, but there's a lot of people who aren't new that go to that same place, and so the question is, are we going to continue to allow congestion because of this particular unique area here, and are we going to go with ugly County signs, which I'll move for us to support, or something that's attractive? And I also went back to -- had them go back to the Brickell Area Association and ask them a question -- That's the community association that kind of governs everybody back there -- and their view is, we're going to have it because it's going to help. Now, I don't know -- the point about precedent is always a crucial point for all of us every single time, and we all battle this constantly, and I personally never like setting a precedent that's going to create a problem. The reason I'm comfortable with this is because it's the largest building in South Florida, in terms of square footage; it is in an area that's the most congested area, in terms of buildings per square foot of land area, in all of Florida, and you've got a lot of narrow streets, and there's a lot of traffic back there. There's big battles already going on about where are we going to put lights on 14th and 14th Place, and all kinds of stuff, and so all the help we can bring to the table, relative to movement of traffic, I think is a rational move on our part, which means then -- the remaining question is, you put something nice or do you put up County, state signs? Commissioner Allen: Right. Commissioner Winton: I don't know the answer to that. Commissioner Allen: And -- Chairman Sanchez: Commissioner Allen, if you're done, I have one final question. Commissioner Allen: Yeah. I -- Chairman Sanchez: Do we anticipate others coming in front of us with this matter or similar to this matter? Ms. Grindell: Repeat that. Chairman Sanchez: Do we anticipate similar -- City of Miami Page 31 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Ms. Grindell: Requests? Chairman Sanchez: -- hotels or similar requests -- I mean, I don't want to single out just the hotel. Ms. Grindell: I would anticipate that everybody is going to make the same request, and with all respect -- Ms. Pardo: No. Ms. Grindell: -- to Commissioner Winton -- Chairman Sanchez: You do? Commissioner Winton: Oh, baloney. Ms. Grindell: Yes, I do. Commissioner Winton: This is my district where this is going to occur, and I can guarantee you Ms. Grindell: They do have another option, and that's to put it in the private property. Ms. Pardo: There's not enough room in the private property in order to see the signs effectively. Otherwise, they would put it in their private property and they wouldn't be going through this process over the last few months, but that's the problem, that they need to have the signs here so that they can be seen, and just so you know, this section has been on the books for a long time. CocoWalk -- I have a picture if you want to see it -- CocoWalk also has a sign that directs traffic and -- Commissioner Winton: Is it in the public right-of-way? Ms. Pardo: And that was done -- uh-huh, years ago, and I don't think, because it's been on the books, you've had so many people flooding in to make the request. Ms. Grindell: This is a routine type request that Public Works Department gets. I would say that we typically get two to three requests like this per month. Ms. Pardo: But it requires City Commission approval -- Commissioner Allen: Right. Ms. Pardo: -- just so you know. Ms. Grindell: Correct. Ms. Pardo: Per the Code, you have to get City Commission approval. Chairman Sanchez: Well, but, see -- Commissioner Allen: But see, on the one hand, I'm afraid we'll be setting ourselffor this precedent or we're going down a slippery slope based on what I'm hearing from you, Department, but you make a compelling argument -- that is, Commissioner Winton -- frankly, I think the attorney should have been making that argument, but that's another issue. Let me ask City of Miami Page 32 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 you this, OK, Ms. Department Head. I'll wait. I'll wait. Because my concern here is, it doesn't seem to be a standard criteria in place, and 1 think this action would also have some legal affect, I would assume, as well -- And I may turn to the City Attorney on this, as well, to some extent -- because if we set a precedent to this extent, as you said, other businesses will be coming forward and making the same requests. How do we establish who should get it and who should not receive it? That's my question. Ms. Grindell: Well, we do have a standard of criteria. Commissioner Allen: Right. Ms. Grindell: The City has adopted a manual of traffic control, which -- Commissioner Allen: Correct. Ms. Grindell: -- does not allow for this. Ms. Pardo: That's not true. Commissioner Allen: Plain and simple. Ms. Grindell: So the criteria is, we don't do it. Commissioner Regalado: Mr. Chairman. Commissioner Allen: And could I have the City Attorney weigh in at some point? Yeah. Commissioner Regalado: Just a question. Chairman Sanchez: Commissioner Regalado. Mr. Fernandez: This is -- I'm sorry. Chairman Sanchez: And then we'll -- we've got to -- Commissioner Regalado: Just -- Chairman Sanchez: -- move on on the item. Commissioner Regalado: Just a question. Madam Public Works Director, you know that the City of Miami or Miami Sports and Exhibition Authority sold Miami Arena to a private entity, right? Ms. Grindell: Right. Commissioner Regalado: And also American Airlines Arena belongs to the Miami Heat, right? So why do we have so many signs in the public right-of-way directing the people to the arenas? Ms. Grindell: Well, in that particular case, that's a traffic generator, and with the volume -- Commissioner Regalado: That is the traffic generator. Ms. Grindell: -- of people that you have attending that type of function there, it is a public benefit. City of Miami Page 33 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Regalado: Well -- Ms. Grindell: In this particular case, it benefits only the customers of -- Commissioner Regalado: But suppose -- just suppose that there is a banquet with 3,000 people in that building -- I've never been there, actually, but I figure I pass and I cannot -- but suppose that there is a convention and you got 3,000 -- Commissioner Winton: And there is. Commissioner Regalado: -- people, that is traffic generating, like a game. Mary Conway.: Mary Conway, Transportation Office. The signage that has been allowed within the public right-of-way, that is in conformance with the federal Manual on Uniform Traffic Control Devices has been more generic in nature that would refer to food, gas, lodging, arena, as opposed to a specific or particular venue. I think that's the clarjing difference between what's before you today and what you've seen in other instances. Commissioner Winton: Is the Miami Seaquarium -- Commissioner Regalado: Bingo. Commissioner Winton: -- big sign right there at U.S.1 and Miami Avenue and Brickell Avenue, is that in the public right-of-way? Commissioner Regalado: Yes. Commissioner Winton: Of course, it is. Commissioner Regalado: Of course, it is. Commissioner Winton: It's right next to the sidewalk. Ms. Conway.: I'm not sure -- Commissioner Winton: And that's for profit entity completely, and it's in the public right-of-way, and here's the other issue, that is, that our Code allows them to come before this Commission to make a decision, end of story, so while 1 think our concern and your concern is absolutely rational about precedent -- and I hundred percent agree, and we all fight hard not to set precedent -- but from my viewpoint, this is one of those unique circumstances -- and more times than not, this is probably going to happen in my district and I don't have any problem, and I've told many people no. I'll give you an example. George Perez -- you weren't here, Commissioner -- but we gave George Perez, out of our bond money, $4, 000, 000 on Miami One to build a fabulous bay walk, and every developer after that came to me and said, "I want it." I said, no way. Why can't I get it? Because this was a unique circumstance. We begged George Perez to move to the north side of the river because we had had no development in 20 years almost, and we begged him to come to the north side of the river to build and create economic development, which, by the way, as you could all see now, that move that we made at this Commission has paid hundreds of millions to us. I mean, unbelievable move, so we're intelligent. We can figure out what's right, what's wrong, what works and what doesn't work. In my mind, this is one of those case -- and I -- I'm telling you, I have no problem telling developers all over the place in my district "no" all the time. I think this is one of those unique circumstances -- and Commissioner Regalado hit the nail on the head. They do have big meeting facilities. There's a lot of people come there that are guests for banquets and other things, and it creates a mess, and so anything that we can do to help mitigate that mess, our Code allows us to accept this, and City of Miami Page 34 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 from my view, this is one of those unique circumstances that we ought to accept. Chairman Sanchez: All right. It's a resolution. There is 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. Pardo: Thank you. Chairman Sanchez: You're welcome. City of Miami Page 35 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 04-01431 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY OF MIAMI ("CITY") TO ENTER INTO A COST REIMBURSEMENT SUBCONTRACTOR AGREEMENT (" AGREEMENT") WITH MIAMI/MIAMI-DADE WEED & SEED, INC. ("WEED & SEED") FOR THE PERFORMANCE OF SERVICES FOR THE MIAMI-DADE PROJECT SAFE NEIGHBORHOODS COLLABORATIVE ("PROJECT") DURING 2004-2005 BY THE CITY THROUGH THE MAYOR'S OFFICE, IN AN AMOUNT NOT TO EXCEED $15,000, ALLOCATING SAID FUNDS FROM THE MAYOR'S POVERTY INITIATIVE, ACCOUNT NO. 119005.250103.6.270, TO BE LATER REIMBURSED THROUGH GRANT(S) BY WEED & SEED, IN WHOLE OR IN PART FROM FEDERAL FUNDS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "WEED & SEED MIAMI-DADE PROJECT SAFE NEIGHBORHOODS COLLABORATIVE (FISCAL YEAR 2004-2005)" AND APPROPRIATING FUNDS TO SUPPORT THE PROJECT ACTIVITIES IN AN AMOUNT NOT TO EXCEED $15,000, CONSISTING OF SAID GRANT REIMBURSEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO ACCEPT SAID GRANT(S), FOR SAID PURPOSE; FURTHER DIRECTING THE CITY MANAGER TO IMPLEMENT THE NECESSARY PROCEDURES AND TO PROVIDE ANY OTHER DOCUMENTS AND AGREEMENTS NECESSARY TO UNDERTAKE THE PROJECT, TO THE RISK MANAGEMENT ADMINISTRATOR AND TO THE CITY ATTORNEY FOR PRIOR REVIEW, FOR SAID PURPOSE. 04-01431-exh ib itA. pdf 04-01431-exhibitB.pdf 04-01431-exh ib itC. pdf 04-01431-exhibitD.pdf 04-01431-resol ution. pdf 04-01431-cover memo.pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0025 Chairman Sanchez: We move on to the -- M.1, which is a resolution. Can someone -- anyone from the Mayor's Office? Commissioner Regalado: I'll move it. Chairman Sanchez: OK. City of Miami Page 36 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Winton: Second. Vice Chairman Gonzalez.: Second. Chairman Sanchez: Well, before that, let her put something on the record, as to what we're approving here. Just state, briefly, what the resolution is, and then -- Chadd Lacky: Sure. Chairman Sanchez: There's already a motion and a second on the table. Mr. Lacky: OK. Good morning. My name is Chad Lacky. I'm an Assistant State Attorney with the Dade County State Attorney's Office, here on behalf of Weed and Seed. The resolution -- the issue before you is whether to accept $15, 000 of grant money from Project Safe Neighborhoods, which is a national gun safety initiative, to run an initiative in your community called "Reduce Gun Violence Sundays," where we'll go out to different churches within your community and educate them on gun safety and how to resolve issues related to gun violence. That's what's before you. Desiree Hitchmon (Mayor's Aide): Using as a platform to introduce -- Priscilla A. Thompson (City Clerk): I'm sorry. Ms. Hitchmon: -- introduction of gun violence. Ms. Thompson: I need a name for the record. Ms. Hitchmon: Desiree Hitchmon, Mayor's Office. Chairman Sanchez: OK. There's a motion and a second It's a resolution. All in favor, say " aye. The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The resolution carries, and we move into the -- Mr. Lacky: Thank you. DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON DISTRICT 3 CHAIRMAN JOE SANCHEZ D3.1 05-00005 DISCUSSION ITEM A MOTION TO REFER TO THE STREET CO -DESIGNATION COMMITTEE THE NAMING OF NORTHWEST FIRST STREET BETWEEN 12TH AND 13 City of Miami Page 37 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 TH AVENUES IN HONOR OF MOISES LIBER. THE LATE MR. LIBER HELPED FOUND THE CUBAN CLINIC, WHICH PROVIDED LOW COST MEDICAL SERVICES TO THOUSANDS OF NEW CUBAN AMERICANS. 05-00005-email.pdf MOTION A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, to refer to the Street Codesignation Review Committee proposed codesignation of Northwest First Street between Northwest 11 th to 12th Avenues in honor of Moises Liber, who helped establish the Cuban Clinic, which provided low cost medical services to thousands of new Cuban -Americans. Chairman Sanchez: Let's get the Commissioners' blue pages out of the way. We'll start with Vice Chairman Angel Gonzalez. Vice Chairman Gonzalez: I have nothing. Chairman Sanchez: None. We'll go to Commissioner Johnny Winton. Commissioner Winton: Nothing. Chairman Sanchez: We go to -- I have one, and it's a motion to refer to the Street Codesignation Committee the naming of Northwest 1st Street between 12th and 13th Avenue, in honor of Moises Liber. The late Mr. Liber help found the Cuban Clinic, which provided low-cost medical service to thousands of new Cubans -- Cuban -Americans. Commissioner Regalado: I'll move -- Chairman Sanchez: I would make a motion. Commissioner Regalado: -- the motion for the Chairman. Vice Chairman Gonzalez: Second. Chairman Sanchez: As a matter of fact, the amendment that we're doing here -- I think we brought this forth already -- It's just amending from 12th to 13th Avenue to 11 th to 12th Avenue, because those streets were already named, if I'm not mistaken, so that's the amendment on the table. There is a motion by Commissioner Regalado, second by Vice Chairman Gonzalez. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN City of Miami Page 38 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 PUBLIC HEARING PH.1 04-01401 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 PURCHASE OF THREE HUNDRED FORTY TASERS, STYLE NO. X26, MODEL 26000 AND RELATED EQUIPMENT, FROM TASER INTERNATIONAL INC., FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $293,350.18; ALLOCATING FUNDS IN THE AMOUNT OF $146,675.09 FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.840, AND THE AMOUNT OF $146,675.09, FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT IX PROGRAM, ACCOUNT CODE NO. 142023.290548.6.840. 04-01401-summary form.pdf 04-01401-memol .pdf 04-01401-memo2. pdf 04-01401-memo3. pdf 04-01401-memo4. pdf 04-01401-notice to the public.pdf 04-01401-award. pdf 04-01401-TASER.pdf 04-01401-resolution. pdf 04-01401-Summary Fact Sheet.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0026 Chairman Sanchez: PH.1 is a four -fifths sole source to purchase -- Vice Chairman Gonzalez: I'll move PH.1. Chairman Sanchez: -- of 340 Tasers. There is a motion by -- Chief could you come up? I have some questions on that? Commissioner Allen: Yeah. Chairman Sanchez: There's a motion by -- Commissioner Allen: 1 also have some, right. Chairman Sanchez: -- by Vice Chairman Gonzalez. We need a second. Commissioner Regalado: 111 second for discussion. Chairman Sanchez: Second for the purpose of discussion. OK. It's been second for the purpose of discussion. The item is under discussion. As always, the Chair is last, due to protocol, so who City of Miami Page 39 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 wants to discuss the item first? Commissioner Allen: I'd like to discuss the item. Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: Yes. Commissioner Regalado: Mr. Chairman. Commissioner Allen: Good morning -- Chief John Timoney (Chief of Police): Good morning, sir. Commissioner Allen: -- Commander. First of all, I just want to give you my personal -- how should I put this? Well, 1 should say a personal thanks to the officer -- there was an incident in Overtown where a drug suspect was subdued, and one of your officers, in fact, was shot. I, in fact, visited that officer on Saturday. I was most impressed with his spirit, his due diligence, so I want to tell you you've got some tremendous officers on board. Chief Timoney: Yes. Commissioner Allen: So I want to thank you for that, and -- Chief Timooney: And thank you for visiting him. Commissioner Allen.: -- then the job that you're doing to suppress crime, as well. Chief Timoney: Thank you. Commissioner Allen: Having said that, let me segue, if I could, to the taser issue. Chief Timoney: Sure. Commissioner Allen: Clearly, you've provided to my office that you guys do have a policy in place with respect to the use of the tasers on minors. Now, I don't know if this is impinging on the Chairperson's issue, but I'm not going to address that. Is that one of your issues? Because 1 have another issue I want to discuss. Commissioner Sanchez: Commissioner, it is not my issue; it is our issue. Commissioner Allen: Oh, OK. Well, here's -- more importantly -- and perhaps the Chairperson will probably discuss another issue, but my concern is, obviously, the use of these tasers are to be used as an alternative to, I guess, a lethal weapon, if you will -- Chief Timoney: Correct. Commissioner Allen: -- to subdue a combative suspect, correct? Chief Timoney: Well, not just a lethal weapon. For example, where you'll be legally justified in using a nightstick, it's preferable to use a taser. Commissioner Allen: That's correct, right, so to that end, what I need to hear from you, Mr. Chief is the fact that, is there, for lack of a better description -- if I can use a sports analogy. If you're a quarterback, do you have a check down? In other words, are the tasers the first thing City of Miami Page 40 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 that an officer would do if they see that a person is combative? Are they to use physical force to physically subdue them or am 1 to just pull out my taser and zap the guy? Chief Timoney: It clearly depends on the situation. Commissioner Allen: Because -- Chief Timoney: We have what's called a "Force Continuum." Commissioner Allen: Yes. Chief Timoney: All right. And -- Commissioner Allen: Because if you didn't -- if I may, Commander. Chief Timoney: Yes, sir. Commissioner Allen: Because if you didn't have the taser, what would an officer do in a combative situation, minus the taser for the moment, and then bring it up-to-date, the use of a taser as an alternative means of -- Chief Timoney: Right. Commissioner Allen: -- subduing a suspect. Chief Timoney.• The very first phase or stage of the force continuum is verbal commands. Commissioner Allen: Correct. Chief Timoney: Stay there, stay away, drop the gun, drop the knife, whatever it would be, put your hands down. After that, the next phase is a grab -- I'm sorry -- is a, you know, grab, hold, and then from there, it can go, obviously, to a punch, to the stick, or the taser, and those -- and then the last one being the gun -- Commissioner Allen: The gun. Chief Timoney: -- which is the lethal one, all right. Commissioner Allen: OK. Chief Timoney: The tasers have been in use, probably the last -- in commonality, probably the last three years. They've been in policing the better part of the last decade, but coming to common use in the last three years, where major departments across the country have been using them on a regular basis for certain members of each department. The -- we have -- obviously, we train our police officers. Every single police officer of Miami, myself included, even though I haven't been issued the taser, but that had been issued the taser, voluntarily subject themselves to be tasered so they understand the effects of the Laser, and so while there's a great debate out there regarding the lethality of these tasers, if I thought for a second that these tasers could harm, seriously injure or kill somebody, I would never subject my officers or, in my case, my executive assistants to three separate tasers, so the point is, they subject themselves to it. They're also trained on it. They're also trained on the policy, and the policy lays out when you can -- it can never be a perfect policy for every case. Commissioner Allen: That's correct. City of Miami Page 41 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chief Timoney: But it lays out -- there are three instance where we forbid you to use them. That's on a child who is -- as defined by statute; on an elderly person, as defined by statute, or on a pregnant female. Where -- from my experience, if I had an area -- after 35 years in policing, if I had an area where I would consider I'm an expert in one particular area, it would be the area of deadly physical force. I've written most of the nation's policies on those; taught, lectured, written on the area of deadly physical force. The beauty of the Laser -- obviously, they're not very good in situations where a guy is sticking up a bodega or a liquor store and, you know, they're not good there. Where they come in, for our benefit, the benefit of a police officer, are in those situations, which are often the most tragic shootings that cause community unrest, community concern; where you're involved in what we call an "Emotionally Disturbed Person," EDP or Baker Act, a person who is not all there -- maybe bipolar, maybe suicidal -- who often -- and most people in that case are not carrying a gun; they're carrying some other weapon, a knife, a bottle, a stick, a bat. In those situations, police officers in the past, all across America, have wound up shooting and killing sometimes these individuals, causing great consternation. I had a situation in two case, but one in particular I remember, where a mother, whose 19 year old son was obviously not mentally all there, bipolar, was beating her up. She called the police. This was the NYPD (New York Police Department). Two officers responded. They wound up killing him. She opined that, you know, "I know he was beating me up, but 1 called you to help. You know, had I known you were going to kill him, 1 wouldn't have called you," and so it's in those situations, especially with the mentally disturbed, the Baker Acts, the so-called street people that are out there wandering around that these weapons are very effective. Finally, we have a four -tier review process on these -- on the issue of these Lasers. They're reviewed, the taser uses, by the sergeant on patrol or the lieutenant, by the sergeant they're training, by Chief Burton and Chief Fernandez and by myself. I review every single taser charge once a month under circumstances, and I can guarantee -- in the last year and a half, I can guarantee anywhere from four, five or six situations, had a police officer not had the taser available, he would have been left no choice but to shoot that individual. Finally, I don't know if I'll stop now -- you may be aware that the Miami -Dade County Grand Jury had its hearings. Our captain, who's in charge of our CIT (Crisis Intervention Team) Program, testified and the grand jury, itself, opined and recommended that we continue using the tasers because they save lives. Commissioner Allen: Save life, I see. Right. One other question before I turn to the Chairperson. Let's talk about the utilization of the taser. Chief Timoney: Yes. Commissioner Allen: For example, is there a review -- a standard review policy in place and/or the use of the taser policy in place with respect to is it to be aimed, say, for example, at the eyes of a suspect versus the midportion of the body, because -- Chief Timoney: You'll always -- whether it's shooting -- Chairman Sanchez: Center mass. Chief Timoney: -- or a taser, center mass. You go to where the most, and so -- Commissioner Allen: Right, so only at -- Chief Timoney: And they're pretty effective about 25 yards -- Commissioner Allen: Never at the -- Chief Timoney: No, no, you never shoot, you know -- Commissioner Allen: Right, right. City of Miami Page 42 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chief Timoney: That wouldn't mean you wouldn't hit somebody if they ducked, but if it really -- Commissioner Allen: Right. Chief Timoney: And the beauty of these tasers, as compared to the old ones, they have a dart on them, which also allows the individual -- Commissioner Allen: So it's a beam? Chief Timoney: A beam that tells them -- Commissioner Allen: Yeah, right. Chief Timoney: -- and it's right here, and so they're very accurate. The final thing, which is -- I'm glad you brought that up -- when we look nationwide when police officers discharge their weapons -- Commissioner Allen: Right. Chief Timoney: -- bullets, the effective rate of bullets are 20 percent. In other words, one out of every five bullets hits the individual, the target. The other four are out there wandering around; it's going to hit an innocent and a bystander. Commissioner Allen: Bystander. Chief Timoney: When you look at the pepper spray, which our officers also have pepper spray -- Commissioner Allen: Right. Chief Timoney: -- the effective rate of pepper spray is probably around 55/60 percent. A lot of people it doesn't affect, drunks; people high on drugs, it doesn't affect. On the taser, it's 93 percent effective. Commissioner Allen: Right. Because, see, one of my other concerns is, you could readily create a culture where the use -- the preferred weapon is the taser -- Chief Timoney: Yeah. Commissioner Allen: -- as opposed to the pepper spray -- Chief Timoney: Exactly. Commissioner Allen: -- as opposed to the nightstick -- Chief Timoney: Right. Commissioner Allen: -- and then, in addition to that, I'd like to also know whether or not are there any -- with respect to the mechanics of this Laser -- Chief Timoney: Yeah. Commissioner Allen: -- is there something attached to the taser that can record the number of, if you will, discharges? Because all that plays a role. I just -- City of Miami Page 43 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chief Timoney: You know, somebody's going to say -- Commissioner Allen: I'm concerned about abuse, that's my concern. Chief Timoney: Somebody's going to say I fed you these questions. Commissioner Allen: Right. Chief Timoney: But that was another excellent point about the taser. Out of all the weapons we have, the only weapon that is a full accountability model is the taser, so for example, a police officer with a gun -- Commissioner Allen: Right. Chief Timoney: -- if he decided to -- chasing some guy and he shot at the individual, didn't hit him, no harm, no foul, he decides not to report it -- Chairman Sanchez: Chief. Chief Timoney: -- that may be difficult. Chairman Sanchez: Chief but -- tell him, so people understand, there's a memory card. Chief Timoney: I'm going to get to that. Chairman Sanchez: Oh. Chief Timoney: But there isn't for a bullet, so if the officer doesn't report it -- Commissioner Allen: Right, right. Chief Timoney: -- no harm, no foul. If an officer make an arrest, struck a citizen with a nightstick and didn't report it, unless that prisoner made a complaint, you wouldn't know, the same thing with pepper spray. However, with a taser, it discharges, not just the darts, but it discharges -- each dart is numbered. It discharges a little confetti with the corresponding numbers on it. We have a log that accounts for every single dart, so if a dart is used and unaccounted for, we want to know. We have a -- so it really is a fully -- it's the only fully accountability system. Commissioner Allen: Terrific. Thank you, Chief. Chairman Sanchez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. Chief have you traveled to any country in this hemisphere promoting the tasers recently? Chief Timoney: No. Commissioner Regalado: No? Chief Timoney: No. Commissioner Regalado: OK. The M-26, the only maker is Taser International, right? Chief Timoney: That's correct. City of Miami Page 44 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Regalado: That's right. Joe Arriola (City Manager): The other thing that -- this particular brand is the only one that has a -- and he was just speaking about the memory card. They're the only ones that make the memory card so we could record all events, that's why it's -- that's what specifically makes it a sole source, because this is the only manufacturer in the world that carries that memory card that allows us to do all the recording, sir. Commissioner Regalado: Right. 1 am -- I don't have any problem, but my --1 was looking at the national media and Taser International, as you know, is under investigation by the Securities and Exchange Commission -- Chief Timoney: Right. Commissioner Regalado: -- because of the safety of the taser, the M-26 specifically. Their stock dropped 29 percent -- Chief Timoney: Right. Commissioner Regalado: -- after the investigation was disclosed, and also the Smith family says that it would take now longer to deliver because other -- because these issues had to be resolved, and also that the other agencies are trying the competitors' taser guns, so you don't have a problem with the stability of that company in terms of -- Chief Timoney: No, but 1 think -- I don't want to get -- be too argumentative -- I think I resent the implications of your question because I think I know where you're coming from. The -- when you asked the question, did 1 ever promote this -- Commissioner Regalado: Can you tell me where I'm coming from, sir? Chief Timoney: I have a feeling I know where you're come coming from. Commissioner Regalado: OK. Chief Timoney: And so, I don't work for Tasers; I don't promote Tasers; I don't get paid by Taser, but I give speeches, literally, all over the world on a whole variety of things, on what's going on in Miami, about the crime rates, about the decline in shootings, and 1 talk about the policy, the revised policy, the training, a whole host of things, including the use of tasers. That, in no way, sir, promotes tasers. It's just -- it's one of the many facets we do. Commissioner Regalado: OK, but that wasn't my question. My question is, if you are -- Chief Timoney: No, but I understand the implication of your question. Commissioner Regalado: Yeah, well, you said no, so when you said no, it's over; we turn the page, but my question to you, as the Chief is are you comfortable with the stability of this company? You know, we won't have any problems in delivering or spare parts or anything, being that it's under investigation by the Securities and Exchange Commission? Chief Timoney: I mean, that part, 1 have no idea. I have no idea. Commissioner Regalado: OK. Chief Timoney: I mean, that's actually a good point. I have no idea. City of Miami Page 45 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Regalado: OK. Chairman Sanchez: Chief let me start by praising you for what you've done for this police department. Chief Timoney: Thank you. Chairman Sanchez: 1 think the records speak for themselves. The Police Department has had, I believe, two shootings since you've been here, both justifiable. Chief Timoney: Correct. Chairman Sanchez: I am a strong believer in secondary impact weapons. Clearly, a large percentage of police shootings occur within three to five yards, giving the police officer split of a fraction of a second to react between the difference of using deadly force and non -deadly force. We've come a long way in law enforcement since the days of the Billy stick and a .38. Today, we've gone from a PR-24 to pepper spray to taser gun and a -- Commissioner Winton: What's a PR-24? Chairman Sanchez: It's a stick and it hurts. Commissioner Winton: Oh. Chief Timoney: It's a fancy nightstick. Chairman Sanchez: -- to the ultimate, which is deadly force. Chief Timoney.• Right. Chairman Sanchez: Now, you've -- you talked about the force continuum that you have. People need to understand that there's certain steps of levels that police officers must use, and they must be justified in using those steps. There is a -- it's not a saying; it's policy, that the level of force is determined by the level of resistance. Chief Timoney: Correct. Chairman Sanchez: In other words, you're justified in using deadly force only if your life is in danger or others. Chief Timoney: That's correct. Chairman Sanchez: OK. Now, there's been this taser media blitz -- Chief Timoney: Um-hmm. Chairman Sanchez: -- with what has happened and I think that it was because of things that have happened that should not have happened. Having said that, the County in itself right now is amending their policy to reflect ours, if I'm not mistaken, because our policy does not allow a police officer -- and correct me if I'm wrong, Chief -- to use -- Chief Timoney: Oh, no, I'm not going to comment on the County's policy. Chairman Sanchez: Well, you could talk about yours, and what we need to put on the record City of Miami Page 46 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 here is that the taser guns cannot be used on children -- Chief Timoney: Right. Chairman Sanchez: -- and there is a policy as to how the police officer should use it. It should not be aimed at the face or the head, which is a red zone, just like the groin is a red zone, and other areas that are color -coded for police officers to know where to strike and where to use force, and one of the key factors that I wanted to talk to you, that you wanted to bring out, was that memory card because it's important -- Chief Timoney: Yes. Chairman Sanchez: -- that when police officers use the Laser gun on this matter -- this model, it clearly puts it in memory as to know how and when and how many times it was used -- Chief Timoney: Correct. Chairman Sanchez: -- and that's very important when you're focusing on accountability in a police department that has highlighted and basically focused on that word "accountability." Chief Timoney: That's correct. Chairman Sanchez: So I'm a big supporter of any secondary impact weapon that allows us to use as many impact weapons as we should before we go to the deadly force, so having closed that, I want to thank your leadership, I want to thank your upper command leadership, and I want to thank the men and women who wear the blue to protect our city. You've done a great job, and you know, I'm proud to be a Commissioner working under -- working with you in your leadership in the Police Department. Chief Timoney: Thank you, sir. Chairman Sanchez: Thank you. Commissioner Allen: Just one last question. It goes to Commissioner Regalado's issue. I guess the company itself is under investigation; whether or not that will affect an ongoing relationship with the company. Is there some sort of maintenance agreement that has to accompany these tasers for continuum? I'm just curious because if not, is there an alternative company that -- Chief Timoney: Yeah. Commissioner Allen: -- so you can carry out your policies in the event that -- Chief Timoney: Commissioner, Frank Fernandez -- Commissioner Allen: -- as a fallback measure, if you will? Deputy Chief Frank Fernandez (Miami Police Department): Frank Fernandez, Deputy Chief. The weapons are under warranty, so we don't anticipate any type of problems with Taser. We haven't had any problems. I understand what Commissioner Regalado's bringing up, but we do not anticipate or forecast any problems coming up in the future, as it relates to the warranty or the replacement or the repairs of any one of these weapons. Commissioner Allen: Right, OK. Yeah, and I'm -- Chairman Sanchez: Any further discussion on the item? City of Miami Page 47 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Allen: -- just curious. What -- do you guys happen to know the useful life of -- Deputy Chief Fernandez: Pardon? Commissioner Allen: Do you happen to know the useful life of any one of these tasers? I'm just curious. Is it -- Deputy Chief Fernandez: I don't recall. Our officers are trained every two years, but I don't recall the actual life expectancy of a taser. The batteries are there for life, the actual life of the weapon. They're fairly new and that hasn't really been -- Commissioner Allen: Right, so -- Deputy Chief Fernandez: -- you know, looked into. Commissioner Allen: -- in any event, if you were to go out for a new -- purchase a new quantity of tasers, probably every two to three years? Deputy Chief Fernandez: I could certainly call the manufacturer and find that information for you, sir. Commissioner Allen: I'm just curious. Right. OK. Chairman Sanchez: Any further discussion? I just -- Chief Timoney: I just -- Chairman Sanchez: -- like to make one recommendation to you. Chief Timoney: Yes, sir. Chairman Sanchez: I think that the City Manager should experience being zapped by a taser gun. Chief Timoney.• Well, just one final comment. Mr. Arriola: 1 would be delighted to do that after I sign the contract with the Police Department. I want to make sure -- Chairman Sanchez: Joe. Mr. Arriola: -- that the dosage is the right dosage, not an excess dosage. Chairman Sanchez: Listen, we could consider it a shock treatment. Mr. Arriola: No, sir, but I did hire a shrink to be in my staff full-time. Does that help it? Chairman Sanchez: We're making progress. Commissioner Allen: Yeah, just curious, yeah, but -- Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Winton, and then we'll vote on the item. City of Miami Page 48 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Winton: Yeah. Chairman Sanchez: Move on. Commissioner Winton: I'd like to just add -- Chief Timoney: Could he just let him -- he wants to answer his question. Commissioner Winton: Oh, I'm sorry. Chief Timoney: Commissioner's question. Deputy Chief Fernandez: Sir, if I may just interject real quickly. Commissioner, we just looked it up. It's a 10 year shelf life on the actual weapon. Commissioner Allen: Oh, that's beautiful. That's terrific. Commissioner Winton: Make one quick comment, and it relates to a number of Commissioner Allen's comments and questions, and that is that what dawned on me in listening to all of this conversation is that, 1 don't care what the product is that the Police Department's using to enforce laws and to subdue people; there's room for abuse on anything, and what differentiates departments, in my mind, relative to that abuse is leadership, and if you've got the right culture and the right leadership, and you look at the City of Miami Police Department in the '80s, we had a very clear-cut culture and a very clear-cut leadership that was all about abuse. If you look at our current leadership in the City of Miami Police Department and the crime stats and the shooting stars and everything about our department says that we have leadership that's absolutely outstanding. I mean, I was listening to his definition of -- or description of when it can be used -- the policy related to use. I didn't know what the policy was, but it hit all of those issues that you see written about out there, and we're already in control of a situation that, clearly, many public police departments are not in control of, so I think that we have the leadership right here that is about doing the right thing in our community with everybody involved, and I think you guys are doing a heck of a job. Commissioner Allen: And I concur in that assessment. Commissioner Winton: And the next budget item that comes up, I'm going to say -- Commissioner Allen: Right. Commissioner Winton: -- "no." Chairman Sanchez: All right. Commissioner Allen: Yeah. Commissioner Sanchez: All right. Chief Timoney: Just --1 mean, just to add on -- because I was going to finish with the issue you've addressed, and that's the issue out there in the public domain, are these cops misusing them, using them as torture weapons? I can tell you right now, if we find a police officer that intentionally misuses that weapon as a torture weapon, I will fire him. Commissioner Winton: Good. City of Miami Page 49 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Allen: Yeah. Chief Timoney: All right. Is that -- Chairman Sanchez: All right. Commissioner Allen: Thank you, Chief Chairman Sanchez: All right. This is a public hearing. Before we vote on the item, anyone from the public wishing to address this Commissioner, please step forward and be heard. Seeing none, hearing none, the public hearing is closed, and this is a res -- I'm sorry -- Commissioner Allen: It's a resolution. Chairman Sanchez: Yes, it is a resolution. Commissioner Allen: Resolution. Chairman Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Resolution passes. PH.2 04-01403 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "F.P.L. GRAPELAND SUBSTATION PLAT," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 04-0140 3-exh i b it 1. pd f 04-01403-exh ibitA. pdf 04-01403-exhibitB.pdf 04-01403-exh i b itC. pdf 04-01403-exh ibitD. pdf 04-01403-exh ibitE. pdf 04-01403-resol ution. pdf 04-01403-legal description.pdf 04-01403-public works notice.pdf 04-01403-memo2.pdf 04-01403-notice of public hearing.pdf 04-01403-memo 1. pdf 04-01403-summary form.pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 50 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0027 Chairman Sanchez: We move on to PH.2. Director, just state something for the record. Stephanie Grindell: Stephanie Grindell, Director of Public Works. This is a resolution accepting the plat of F.P.L. Grapeland Substation Plat, and the Public Works Department recommends approval. Commissioner Winton: So moved. Chairman Sanchez: All right. There's a motion by Commissioner Winton. Is there a second? Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. Before we open it up for discussion of the Commission, 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 come back for the Commission for any further discussion on the item. 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. PH.3 04-01405 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "DANJER MAXIAN," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN " ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN " EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 04-01405-exhibit 1. pdf 04-01405-exh ib itA. pdf 04-01405-exhibitB.pdf 04-01405-exh ibitC. pdf 04-01405-exh ibitD. pdf 04-01405-exh ib itE. pdf 04-01405-legal description.pdf 04-01405-memol . pdf 04-01405-memo2. pdf 04-01405-notice of public hearing.pdf 04-01405-public works notice.pdf 04-01405-resolution. pdf 04-01405-summary form.pdf City of Miami Page 51 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 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-05-0028 Chairman Sanchez: We move over to PH.3. PH.3. State something for the record, Madam Director. Stephanie Grindell (Director, Public Works): This is a resolution accepting the plat of Danjer Maxian. Commissioner Winton: So moved. Ms. Grindell: The Public Works Department recommends approval. Chairman Sanchez: There is a motion by Commissioner Winton. Commissioner Allen: Second. Chairman Sanchez: Is there a second? Second by Commissioner Allen. Before we open it for discussion of the Commission, it's 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, coining back to the Commission for further discussion. No discussion from the Commission. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. PH.4 04-01408 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PROHIBITING VEHICULAR ACCESS, SUBJECT TO THE APPROVAL OF THE MIAMI-DADE COUNTY TRAFFIC DIRECTOR, TO NORTHWEST 11TH PLACE AT ITS INTERSECTION WITH NORTHWEST NORTH RIVER DRIVE IN THE CITY OF MIAMI, FLORIDA, TO PERMIT THE WIDENING OF THE 12TH STREET BRIDGE BY THE FLORIDA DEPARTMENT OF TRANSPORTATION. 04-01408-summary form.pdf 04-01408-memol .pdf 04-01408-notice of public hearing.pdf 04-01408-maps.pdf 04-01408-resol ution. 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-05-0029 Chairman Sanchez: We move over to PH.4. PH.4 is a resolution of the City of Miami Commission prohibiting vehicle access, subject to and approval of the Miami -Dade County City of Miami Page 52 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Traffic Director to Northwest 11 Place at its intersection with Northwest North Miami -- North River Drive in the City of Miami. Commissioner Winton: That's PH.4, right? Chairman Sanchez: Yes, that's PH.4. Commissioner Winton: Yeah, so moved. Chairman Sanchez: Anyone -- yeah, but I -- Commissioner Allen: Second. Chairman Sanchez: You know, we need to have someone from the City put something on the record as to what we're voting for because it just makes our record more simple to attract -- I mean, to keep in order. I have already put it on the record for her; just state that that's what's on the record here. Mary Conway (Capital Improvement Projects & Transportation): Yes. Chairman Sanchez: PH.4. Ms. Conway: Yes. Chairman Sanchez: OK. There is a motion by -- and your name? Ms. Conway: Mary Conway, Transportation. Chairman Sanchez: Reference to PH.4. Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. Is there a -- Commissioner Allen: Second. Chairman Sanchez: -- second? Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. 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, coming back to the Commission for further discussion. No discussion from the Commission. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.5 04-01409 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFTER AN ADVERTISED PUBLIC HEARING, APPROVING THE ISSUANCE OF A PORTION OF THE PROCEEDS FROM THE NOT TO EXCEED $4,000,000 CITY OF TAMPA, FLORIDA VARIABLE RATE REVENUE BONDS (VOLUNTEERS OF AMERICA PROJECT), WITH City of Miami Page 53 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 RESPECT TO THE PORTION NOT TO EXCEED $1,500,000, WHICH IS TO BE USED IN THE CITY OF MIAMI, PURSUANT TO SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986; AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM AND DIRECTING THE CITY MANAGER TO UNDERTAKE THE NECESSARY RELATED PROCEDURES AND TO PROVIDE ANY NECESSARY DOCUMENTS AND AGREEMENTS FOR THE PROJECT TO THE RISK MANAGEMENT ADMINISTRATOR AND THE CITY ATTORNEY FOR PRIOR REVIEW FOR SAID PURPOSES; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. 04-01409-exh ibitA. pdf 04-01409-exh ibitB. pdf 04-01409-exh ibitC. pdf 04-01409-cover memo.pdf 04-01409-notice of public hearing.pdf 04-01409-resolution. 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-05-0030 Direction by Chairman Sanchez to the Administration to meet with the residents and merchants of the affected areas before any construction begins. Chairman Sanchez: We go to PH5. Commissioner Winton: 1 couldn't explain to you PH.5 if my life depended on it. 1 don't know who wrote this, but it is absolutely confusing, so whoever issue this is, would you explain what this is? Chairman Sanchez: All right. Commissioner Allen: This is -- Chairman Sanchez: -- please, someone from the City to address PH.5. Commissioner Allen: Right. Robin Jackson: Good morning, Commissioners. I'm Robin Jackson, Assistant City Attorney from the Office of the City Attorney. This is written with our bond counsel Bryant, Miller & Olive, and this is a public hearing that's in a particular format that's required by Internal Revenue Code Section 147(1). Commissioner Winton: What, the writing here? Ms. Jackson: Sir? Commissioner Winton: The explanation of this -- Ms. Jackson: The explanation of it is, sir, that we are having a public hearing for us to participate in a conduit financing that's really being undertaken by the City of Tampa, Florida. City of Miami Page 54 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 This is on behalf of Volunteers of America and they are doing projects around the state. We are benefiting here in the City of Miami because a portion of the proceeds and the projects, which are listed here -- and I need to read the hearing notice into the record, Mr. Chairman, for us, to explain -- but anyway, what we're doing is issuing these bonds as a conduit. Neither the City of Tampa, nor the City of Miami is obligated. This is just strictly requirement because we are a governmental unit in the location where proceeds of the bonds will be used to help to finance the facility under the Private Activity Bond Code on behalf of Volunteers of America, and the facilities here in Miami, which are listed, are outreach facilities and they're also mental health facilities that are here in Commissioner Sanchez district, I believe, and -- Commissioner Allen: OK, so this is just perfunctory? You're just complying with the -- Ms. Jackson: Yes, sir. Commissioner Allen: -- with the IRS (Internal Revenue Service) Code, so it's just -- Ms. Jackson: It is. We're -- this is strictly -- and we apologize. It's the form that the IRS Code asked us to use. Commissioner Allen: Correct. Chairman Sanchez: Could you put the statement that you wanted to put on the record -- Commissioner Winton: You mean, the IRS says -- Chairman Sanchez: -- could you read it? Commissioner Winton: -- you don't have to write in English? Ms. Jackson: Sir? Chairman Sanchez: What? Commissioner Winton: The IRS says, do not write this in clear English? Ms. Jackson: No, sir, it doesn't, but the IRS has particular things that we have to make sure are in the resolution and in the notice, and we apologize for the form, but this is the -- Commissioner Winton: Trust me. Ms. Jackson: -- traditional way. Yes, sir. Commissioner Winton: Trust me. This ain't IRS; this is us. This can be written better so that anybody can understand it. Ms. Jackson: Well take note of it, sir, and we'll consult with our bond counsel, and then we'll -- Commissioner Winton: Thank you. Ms. Jackson: -- get back to you in the next time. Thank you, and I would like to ask if Mr. Scott Simpson, Director of Finance -- Chairman Sanchez: Scott, first of all, let's read what you need to read into the record; then we're going to have a motion and a second, if one is obtained here from the dais, and then we'll open it for discussion. I have some questions pertaining to this. Scott, you have the floor. Could City of Miami Page 55 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 you read what you needed to read for the record? Ms. Jackson: Yes, sir, I will. Thank you. This is a public hearing pursuant to section 147(1) of the Internal Revenue Code, as amended, and I am reading the public -- the Notice of Public Hearing into the record as follows: The City Commission of the City of Miami, Florida, will consider the approval of an issuance by the City of Tampa, Florida, of its Variable Rate Revenue Bonds (Volunteers of America Project) (the "Bonds"), in an amount not to exceed $4, 000, 000 issued on behalf of Volunteers of America of Florida, Incorporated, a Florida not -for -profit corporation as the "Borrower", at the public hearing to be held today at 9:00 a.m., at the City of Miami Commission chambers, located at 3500 Pan American Drive, Miami, Florida, in order to satisfy certain of the requirements of Section 147(1) of the Internal Revenue Code of 1986, as amended. The Borrower, Volunteers of America, provides housing, health and social service programs to support military veterans, the elderly, the mentally ill and developmentally disabled at its facilities listed below. Services include behavioral, mental health and substance abuse counseling, health services, and employment support services. The proceeds of such issuance of Bonds will be used by the Borrower to finance, refinance and/or reimburse the costs of constructing, relocating, acquiring and equipping of certain social service facilities, including, but not limited to: 1) a two-story office building used as its administrative office, located at 605 South Boulevard, Tampa, Florida; 2) a one-story building which will be used as a new state headquarters and administrative office, located at 1205 East 8th Avenue, Tampa, Florida; 3) two one-story apartment buildings used as transitional housing and mental health services facilities, located at 125 Park Spring, Sebring, Florida; 4) a residential property used as a mental health services facility, located at 341 Northeast Lakeview Drive, Sebring, Florida; 5) four buildings, two stories each, totaling 40 apartment units, used for housing special needs military veterans, located at 1, 3, 5, and 7 Pineapple Avenue, Cocoa, Florida; 6) a one-story building used for educational and mental health services at 924 Peachtree Street, Cocoa, Florida; 7) a two -floor office building used for providing services to military veterans and mental health services, located at 1474 West Flagler Street, Miami, Florida; 8) an office building used as a social service center for educational services, mental health services and other health services, located at 1460, 1462 and 1464 West Flagler Street, Miami, Florida; 9) a parking lot used for a veterans educational center, located at 1461 Southwest 1st Street, Miami, Florida; 10) a parking lot used for a veterans educational center located at 29 Southwest 15th Avenue, Miami, Florida; 11) a parking lot used for an administration building, located at 1499 Southwest 1st Street, Miami, Florida; 12) two two-story garden apartment buildings containing five units each used for transitional housing for special needs military veterans at 1450 and 1460 Northwest 1st Street, Miami, Florida, and 13) a three bedroom house used for housing special needs clients and providing mental health services, located at 5038 22nd Court East, Bradenton, Florida, (such facilities, including the site on which they are located, being hereinafter referred to as the "Project'). The proceeds also will be used to pay a portion of the costs associated with the issuance relating thereto. The City of Miami will enter into an Interlocal Agreement with the City of Tampa in order to allow a portion of the proceeds, in an amount not to exceed 1, 500, 000, to be used for the portion of the projects located in the City of Miami. The Project will be owned and operated by the Borrower, Volunteers of America, and will be used by staff of the Borrower and persons receiving social services and other members of the public. This hearing is being held for the purpose of affording residents of the City of Miami, Florida and other interested persons an opportunity to express their views, both orally and in writing, on the proposed issuance of the Bonds and the nature and location of the facilities to be financed with the proceeds thereof. The Bonds will not constitute an indebtedness of the City of Tampa, or the City of Miami, the state of Florida, or any other political subdivision thereof but will be payable solely from the revenues derived from the operation of the Borrower and other revenues of the Borrower pledged to the payment of the Bonds. All persons for or against said approval can be heard at this time and place. If a person decides to appeal any decision made by the City with respect to such hearing or meeting, he or she will need to ensure that a verbatim record of such hearing or meeting is made, which is recorded and includes the testimony and evidence upon which the appeal is based. Mr. Chairman and Commissioners, this notice was published in the City of Miami Page 56 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Miami Herald on December 24 and Diario Los Americas, December 26, and the Miami Times on December 30. Thank you, and we also have a representative here from Volunteers of America to address the Commission. Commissioner Allen: Great. OK Chairman Sanchez: OK. Commissioner Allen: So -- Chairman Sanchez: Yes, Commissioner Allen. Commissioner Allen: Yeah -- yes, Commissioner Sanchez, so in effect -- will you come forward? So, in effect, in this resolution, we're doing essentially three things: We're quan -- the quantification of an amount certain, an accounting measure, as well, and an interlocal agreement, is that pretty much correct? Scott Simpson (Director, Finance Department): Correct. Commissioner Allen: Summarizes this? Mr. Simpson: Scott Simpson, Finance Department. That is correct. Commissioner Allen: Right, OK. Chairman Sanchez: OK. Any questions on the item? OK. We need a motion and a second for the purpose of discussion. Vice Chairman Gonzalez: Move PH.6. Chairman Sanchez: There is a motion by Vice Chairman Gonzalez. Commissioner Allen: And by the way, before you -- Chairman Sanchez: Well, we need -- Commissioner Allen: Is this -- Chairman Sanchez: We need a motion -- for a second for the purpose of discussion or it dies. Commissioner Allen: Oh, I'm sorry. Yes, Chairperson. Chairman Sanchez: Commissioner Allen. Commissioner Allen: I'll second it. Chairman Sanchez: Second for the purpose of discussion. Commissioner Allen: Yes, discussion. Chairman Sanchez: And you're recognized Commissioner Allen: Right. Yeah, Mr. City Attorney, does this pass legal sufficiency? I mean, there are three separate items. Is this OK to pass as resolution? City of Miami Page 57 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Jorge L. Fernandez (City Attorney): Yes, and bond counsel can also speak to that. Commissioner Allen: OK. Fine with me. Chairman Sanchez: Any questions? I have questions. One is, would we be responsible for any undertaking in the connection with the bonds? Mr. Fernandez: No. Chairman Sanchez: Would we have any responsibility or held liable for the cost of the bonds? Mr. Fernandez: No. Mr. Simpson: No. Chairman Sanchez: No? So we don't have -- liability wise, the City does not have any liability? Mr. Fernandez: That is correct. Chairman Sanchez: OK. You answered those two. Now, here's the third. Being properly advertised -- and some of the projects that will be constructed with this bond money, most of them are in my district. Properly advertised, were the residents around the area properly advertised only by newspaper? Mr. Fernandez: Only by newspaper. Chairman Sanchez: Only by newspaper. Mr. Fernandez: That's the only requirement there is. Chairman Sanchez: That's the only requirement. Mr. Fernandez: There is no notice of direct mail or anything like that. Chairman Sanchez: No. Commissioner Allen: OK. Chairman Sanchez: So I just want to state it because I don't like to surprise anybody. Mr. Fernandez: Correct. Chairman Sanchez: I think that we need to understand that before any construction is done there or anything, we ask that you meet with the residents and you work with the residents on your project. Need to understand that. I know this is totally different from the bonds that I could support it, but you're going to have to work with the residents and obtain their support on this matter. I want to put on the record today so when we're here a year from now, to bring back -- and I'll ask for the minutes -- to say that 1 clearly asked that you meet with the residents, not only the residents, but the merchants around you, to work with them to get their support for your project. Having stated that for the record, I think there's a motion and a second. No further discussion on the item. Commissioner Allen: Yeah, just one last question of concern, if you will. Now, Commissioner Sanchez requested whether or not the City has any obligation or liability with respect to this issue. That also goes to the issue of creditworthiness, as well, because these are bonds. We City of Miami Page 58 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 don't want to -- we're not on the hook to any potential perspective buyer of these bonds going forward. We'll say that we're guaranteeing the creditworthiness, as well. We're not on a hook for that. Mr. Scott: That is correct, we're not on the hook for that. Commissioner Allen: OK. That's most important, because you can all -- they really sue you on those type of issues. Mr. Scott: That is correct. Chairman Sanchez: And this -- Commissioner Allen: So -- OK. Chairman Sanchez: And this action, this legislative action, does not guarantee that those projects, without community support, will be built. I want you to understand that. Do you understand that? All those that are here, please make sure you understand that. This does not mean that you get the bonds, you automatically, you go through the process and you're going to build your project, OK. Mr. Fernandez: Mr. Chairman, perhaps, it would be well if a member of the applicant team could stand to the podium and acknowledge the admonitions that this Commission is making, and that way it would be fully documented on the record. Chairman Sanchez: Either that, because, look, I don't want to jeopardize their bond because I think their organization is a great organization, but 1 think that we need to be sensitive to the residents and the merchants in that area, and this is not in any way guarantee that the bonds will be -- been approved because the argument's going to be, "Well, it was properly advertised in the paper, " and dah, dah, dah, dah, dah and it's done. It is not done. Still has to come back through the whole process and we have to get the support of the community, and if they understand that, it's perfectly fine. If they don't, let me know so I could ask that this item be deferred right now. Ray Tuller: My name is Ray Tuller. I'm the COO (Chief Operating Officer) of Volunteers of America, Florida. First, let me say that the -- we are respectful of those things and, yes, we attempt to do them. One of the things I need to clarify with this is that we're really doing some renovations and refinancing with existing facilities, so there's not huge, new things in Miami, so I don't think there's a concern -- should be a concern there. We are certainly sensitive when we have new projects, but these aren't brand-new things that we're going to bring out of the ground. These are refinancing existing projects that were read into the record. Chairman Sanchez: No, sir. I'm sorry, but it is not new projects. These are projects that are -- you're asking for bond money to build these projects, so these will be new projects. Mr. Tuller: No, they're already built. Chairman Sanchez: And they're stated on the record. They're not already built. Mr. Tuller: No, they are. These are existing facilities, refinancing of existing facilities. Chairman Sanchez: These are existing facilities. Mr. Tuller: Yes. City of Miami Page 59 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Sanchez: OK, all right. Vice Chairman Gonzalez: Mr. Chairman. Chairman Sanchez: Yeah. Vice Chairman Gonzalez: If you'll allow me. Chairman Sanchez: Sure. Vice Chairman Gonzalez: Even though it is -- it's not my district, I have the same concerns that you have. Are these facilities, in any way, going to be expanded, or are you going to keep them at the same level? Mr. Tuller: No. They're exactly the same level. It's just a refinancing. We, you know, improve them and, you know, fix the roof and make sure everything is fitting into the district. I mean, 1-- I think this is good things. Chairman Sanchez: So you won't be expanding or building -- Mr. Tuller: No. Chairman Sanchez: -- new structures? Mr. Tuller: No. No. Vice Chairman Gonzalez: All right. Chairman Sanchez: OK. Thank you. There's a motion and a second. It has been discussed. All in favor, say "aye." Commissioner Allen: Well, you know, before we vote, I think also you may want to put on the record. You're the CEO (Chief Executive Officer) of the company -- Mr. Tuller: I'm the COO. Commissioner Allen: Pardon me? Mr. Tuller: I'm the Chief Operating Officer. Commissioner Allen: Officer, right. You may want to put on the record, just for the Commission's purpose -- for our purpose, as well as the public's purpose, you know, you're going to be receiving the proceeds of revenue bond, you know, the whole issue of paying that back, or what's being pledged, that sort of thing. Can you just put something on the record regarding those or maybe bond counsel needs to come up and explain that. Someone needs to put that on the record so it's clear. Chairman Sanchez: OK. And we -- please, you need to put that on the record, sir. Commissioner Allen: Right. Ms. Jackson: Bond counsel has asked me to let you know that it's going to be paid back with a letter of credit. They have the credit facility, as well as the revenues from the private activities of Volunteers of America, and this will be accredited, letter of credit. I believe, at this time, that your letter of credit is with Wachovia. Yes, it's from Wachovia Bank, and so the credit rating of City of Miami Page 60 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 10:30 A.M. Wachovia will stand behind the bonds, as the credit for the issue. Commissioner Allen: All right. Chairman Sanchez: OK. Before we vote on the item, it's a public hearing. Anyone from the public wishing to address this item, please step forward and be heard. Sir. Charles Cutler: Yes. Charles Cutler. Chairman Sanchez: Good morning. Please state your name for the record. Mr. Cutler: Charles Cutler, 706 Northwest 4th Avenue. Being a disabled veteran myself 1 think this is a good project, but I also think that whatever they do in terms of providing services to veterans, it's that they do it within the established network and through the service organizations that they've already established here because we do have a lot of veterans that's falling through the crack, and we have a large homeless population of veterans that's here, and 1 hear that a lot of this activity is going to be going on on Tampa -- up in Tampa, and they've sort of been ignoring this area, so in terms of this bond, I want to make sure that Miami gets their fair share of the activity from this. Chairman Sanchez: Thank you. Vice Chairman Gonzalez: Thank you. Chairman Sanchez: All right. No further discussion on the item. The public hearing is closed Seeing that no one else -- anyone else from the public wishing to address this Commission, please step forward and be heard Seeing none, hearing none, the public hearing is closed, coming back to 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. Note for the Record: Items PH.6 - PH. I I were translated by a sign -language interpreter. PH.6 04-01411 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADOPTING THE COMMERCIAL FAQADE PROGRAM POLICIES, AS AMENDED, BEGINNING WITH THE 30TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMMENCING OCTOBER 1, 2004. 04-01411-exh ib it. pdf 04-01411-memo.pdf 04-01411-resolution.pdf 04-01411-attach ment. pdf 04-01411-pre public hearing.pdf 04-01411-correction.pdf 04-01411-text file report.pdf 04-01411-public notice.pdf 04-01411-cover memo.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 61 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0031 Chairman Sanchez: OK We have time certain 10:30 a.m., and we have item -- Public Hearing 6 through 11. We'11 go ahead and start with PH. 6. Barbara Rodriguez -Gomez (Director, Community Development): Barbara Rodriguez -- Chairman Sanchez: Madam Director. Ms. Rodriguez -Gomez: -- Director of the Department of Community Development. PH.6 is requesting approval for the Commercial Facade Program. It's basically the same as last year. The only different is that the agency has the authority to request a 15 percent match at any level of any project. Chairman Sanchez: All right. This item was properly advertised and it's time scheduled at the Commission for 10:30. PH.6 is a resolution. Is there a motion? Vice Chairman Gonzalez: I'll move it for discussion. Chairman Sanchez: There is a motion by -- Commissioner Winton: Second. Chairman Sanchez: -- Vice Chairman Gonzalez, second by Commissioner Regalado. Before we open it for discussion, it is a public hearing. Anyone from the public wishing to address this item, please step forth -- forward Seeing none, hearing none, the public hearing is closed. We come back for discussion. Commissioner Gonzalez -- Vice Chairman Gonzalez -- I apologize -- you're recognized. Vice Chairman Gonzalez: Ms. Rodriguez, this will be an option to the agency. It won't be mandatory on all the agencies, right? Ms. Rodriguez -Gomez: It's an option to the nonprofit that works the area. Vice Chairman Gonzalez: OK, very good. On this same issue of facade, I don't know if you remember that about three months ago, I spoke to you about the Code Compliance Program. Ms. Rodriguez -Gomez: That's correct. Vice Chairman Gonzalez: And the limits on the code compliance. Ms. Rodriguez -Gomez: That one is coming on PH.7. Vice Chairman Gonzalez: It is coming up? Ms. Rodriguez -Gomez: Yes, it is. Vice Chairman Gonzalez: All right. Thank you. Commissioner Allen: OK. One other question. Chairman Sanchez: All right. Commissioner Allen, you're recognized. Commissioner Allen: Yes. Barbara, I did speak with you earlier about the discretionary caveat City of Miami Page 62 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 that's being added. There is -- it's going to use the same criteria for the -- with respect to the other standard barriers, you know, in terms of -- Ms. Rodriguez -Gomez: The -- Commissioner Allen: Could you expound on that a bit? Because there is a caveat that you want to have added, correct? Ms. Rodriguez -Gomez: There is a chart that basically said that if you're doing a facade of $2, 000 or below -- Commissioner Allen: Right. Ms. Rodriguez -Gomez: -- it's 5 percent. Commissioner Allen: Correct. Ms. Rodriguez -Gomez: 2,000 to 5,000 is 10 percent. Commissioner Allen: Right. Ms. Rodriguez -Gomez: And 5,000 to 10,000 is 15 percent, and what we're saying is that it's going to be based on that nonprofit group that's working with that business and determine should they go as high as 15 percent at any time. Commissioner Allen: Yeah, yeah. See, that's the question. That's going to be left up to the discretion -- and that's -- you are recommending that? Ms. Rodriguez -Gomez: Yes, I am. Chairman Sanchez: All right. Any other questions? Vice Chairman Gonzalez: But it will be up to the discretion -- Commissioner Allen: Of the agency? Vice Chairman Gonzalez: -- of each agency? Ms. Rodriguez -Gomez: Correct. Commissioner Allen: Right? Right. And there will be a criteria established for that? Ms. Rodriguez -Gomez: Correct. Commissioner Allen: Right. I just want to make sure it's not -- Ms. Rodriguez -Gomez: No. Commissioner Allen: -- just arbitrarily being -- right, OK. Chairman Sanchez: Any further discussion? Hearing none, it's a resolution. All in favor, say " aye." The Commission (Collectively): Aye. City of Miami Page 63 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The motion carries unanimously. PH.7 04-01412 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADOPTING THE COMMERCIAL CODE COMPLIANCE PROGRAM POLICIES BEGINNING WITH THE 30TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMMENCING OCTOBER 1, 2004, ATTACHED AND INCORPORATED. 04-01412-exh i b i t. p d f 04-01412-resolution. pdf 04-01412-public notice.pdf 04-01412-cover memo.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-05-0032 Chairman Sanchez: We go to PH.7. Barbara Rodriguez -Gomez (Director, Community Development): PH.7 is basically changing the Commercial Code Compliance program -- and Commissioner Gonzalez, this is the one that you were addressing. Vice Chairman Gonzalez: Right. Ms. Rodriguez -Gomez: Right now the program is -- the maximum is $10, 000. We are proposing $15, 000, and we're also proposing that the match requirement of 30 percent be decreased to the same level that the Commercial Facade Program is. Vice Chairman Gonzalez: You mean the contribution of the merchants? Ms. Rodriguez -Gomez: That's correct. Commissioner Allen: Yeah. Vice Chairman Gonzalez: OK, and let me tell you, this is very important because we -- believe it or not, we have a lot of businesses in the City of Miami that do not meet the -- Chairman Sanchez: ADA (Americans with Disabilities Act)? Vice Chairman Gonzalez: -- regulations. Ms. Rodriguez -Gomez: ADA. Vice Chairman Gonzalez: ADA, I'm sorry. ADA regulations, and this (UNINTELLIGIBLE) is going to help, you know, make these businesses comply, you know, with handicap bathroom and handicap ramps, handicap parking. We have a lot of businesses, believe it or not, you know, that are not complying, so this -- there will be no excuse now from the business sector to say, you know, "Well, I can't comply because I don't have the money." Well, we are helping you comply, and it is on HUD (Department of Housing and Urban Development) approve this program. City of Miami Page 64 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Ms. Rodriguez -Gomez: Yes, they did. Vice Chairman Gonzalez:: So the money will come from Washington, so you know -- Commissioner Winton: Good. Commissioner Allen: OK. Vice Chairman Gonzalez.: All right. Chairman Sanchez: All right. Vice Chairman Gonzalez: So I'll move PH. 7. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez to approve PH. 7. Is there a second? Commissioner Winton: Second. Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Regalado. Before we open it for a discussion -- well, it's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none and hearing none, the public hearing is closed, coming back to the Commission for any further discussion on the item. Hearing none, all in favor, say " aye. The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." PH.8 04-01413 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE ALLOCATION OF FISCAL YEAR 2005-2006 HOME INVESTMENT PARTNERSHIPS ("HOME") FUNDS IN THE PROJECTED AMOUNT OF $5,110,000; ALLOCATING SAID FUNDS IN THE AMOUNT OF $ 1,500,000, TO LITTLE HAVANA HOMEOWNERSHIP ADVISORY BOARD FOR THE DEVELOPMENT OF HOUSING, THE AMOUNT OF $500,000, FOR DISTRICT 4 HOUSING PILOT PROJECT, THE AMOUNT OF$649,750, FOR RENTAL HOUSING, THE AMOUNT OF $1,949,250, FOR HOMEOWNERSHIP, AND THE AMOUNT OF $511,000, FOR ADMINISTRATION; FURTHER ADOPTING THE HOUSING DEVELOPMENT POLICIES, ATTACHED AND INCORPORATED, RELATED TO THE FUNDING OF RENTAL AND HOMEOWNERSHIP HOUSING PROJECTS FOR FISCAL YEAR 2005-2006 UNDER THE HOME PROGRAM. 04-01413-exh ib it. pdf 04-01413-resolution.pdf 04-01413- pre notice.pdf 04-01413-policy.pdf 04-01413-memo.pdf 04-01413-pre resolution.pdf 04-01413-public notice.pdf 04-01413-cover memo.pdf City of Miami Page 65 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 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-05-0033 Chairman Sanchez: We move over to -- we move on to PH.8. Barbara Rodriguez -Gomez (Director, Community Development): PH.8 is basically requesting approval to accept the HOME (Housing Investment Partnership Program) allocation for 2005/ 2006 of $5,110, 000. This is broken up the following way: $1, 500, 000 will go to the Little Havana Homeownership Advisory Board; $500, 000 is for District 4, the third year and the last year of your commitment; 649,750 for rental projects; 1,949,250 for home ownership projects, and $511, 000 for administration. Chairman Sanchez: All right. Vice Chairman Gonzalez: Move PH.8. Chairman Sanchez: There is a motion by -- Commissioner Allen: Second. Chairman Sanchez: -- Vice Chairman Gonzalez, second by Commissioner Allen. Before we open it for discussion, we'll turn it over to the public. Anyone from the public wishing to address this item, please step forward and be heard. Seeing none, hearing none, the public hearing is close, coming back to the Commission for any further 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." Motion carries unanimously. PH.9 04-01434 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING, DIRECTING AND CONFIRMING THE REVERSION OF NINE VACANT PARCELS OF LAND, DESCRIBED IN " EXHIBIT A," ATTACHED AND INCORPORATED, TO THE CITY OF MIAMI, WITH SAID TERMS AS DESCRIBED HEREIN. 04-01434-ex h i b itA. p df 04-01434-exh ibitB. pdf 04-01434-resol ution. pdf 04-01434-public notice.pdf 04-01434-summary form.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-05-0034 Direction by Commissioner Winton to the City Manager to bring back at the Commission City of Miami Page 66 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Meeting currently scheduled for February 10, 2005, an inventory of all vacant City -owned single -family lots; further requesting that the Administration analyze and categorize the impediments to developing those sites; further stating that at the February 10, 2005 Commission Meeting, the City Attorney and the City Manager will be directed to formulate an effective plan to provide affordable housing. Direction by Chairman Sanchez to the City Manager to instruct the Administration to coordinate a summit that would include the private and public sector to find ways to expedite affordable housing projects. Note for the Record: Chairman Sanchez will be inviting the Chairman of the Dade Delegation to the next Commission Meeting to address problems anticipated from impending release of inmates and mental patients. Chairman Sanchez: PH.9. Barbara Rodriguez -Gomez (Director, Community Development): PH.9 is -- to give you some background, on October 10, 2003, 13 lots were deeded to Scattered Sites, LLC. Scattered Sites had to start construction by October 10, 2004, and for various reasons, they have not been able to start construction. We are requesting that nine of the lots be brought back to the City to be given to other contractors that can start those houses, and that four be accepted for them to stay with, since those do have building permits. Chairman Sanchez: OK. All right. Need a motion to discuss -- Vice Chairman Gonzalez: I'll move it and -- Chairman Sanchez: There's -- Vice Chairman Gonzalez: I'll move it and I'll support it, and let me tell you the reason why I support it. It's -- Chairman Sanchez: Well, before we do that, Vice Chairman, we need -- we have a motion. We need a second for the purpose of discussion. Commissioner Allen: I'll second for the purpose of discussion. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez, second by Commissioner Allen. It is under discussion. Commissioner Gonzalez, you're recognized. Vice Chairman Gonzalez: The reason I'm supporting this move is that it is -- it's really sad that we have the need that we have for affordable housing in the City of Miami, and we have a bunch of lots sitting in the City, not being developed, not producing any taxes, not producing any revenue to the City, but even more than that, not providing housing for the thousands of families -- of needy families in our city that are waiting for a miracle of having a house, so that's -- you know, I support you 100 percent on this. I commend you for doing this, and you know, we need to do more of this. Let me tell you. In Allapattah, I'm desperate looking for lots to build affordable housing, and we have lots that are sitting around and nothing is happening, you know . It's sitting idle. Nobody's benefiting for it. Commissioner Allen: Right. Vice Chairman Gonzalez: The people are not benefiting for -- you know, poor people are just hoping that, you know, a miracle happens so they can, at least once in their life, own a home -- City of Miami Page 67 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Allen: Right. Vice Chairman Gonzalez: -- you know. Commissioner Allen: Yeah. If I may just quickly chime in. Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: Yeah. I share Commissioner Gonzalez's concerns, and I also want to thank Barbara. As Barbara knows, we've been working diligently trying to move these types of issues expeditiously as possible in my district, so I want to thank you personally for assistance in this, and this is an example of moving this thing forward -- Vice Chairman Gonzalez: Right. Commissioner Allen: -- since I've been appointed, and we'll be working in tandem with respect to -- Ms. Rodriguez -Gomez: Thank you. Commissioner Allen: -- that objective. Thank you. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Winton, you're recognized. Commissioner Winton: Mr. Manager, do we have a list -- do we have an inventory of single- family lots that the City has under its control citywide? Do we know how many that is? Joe Arriola (City Manager): Yes, we do. We have a list, and this is the beginning of what we're trying to do, and you know, Commissioner Gonzalez -- Commissioner Winton: How many are there? Do we know? Mr. Arriola: I can't tell you at the top of my head but -- Commissioner Winton: It's a long -- it's a big list, isn't it? Mr. Arriola: -- I'll give you that information. Commissioner Winton: Well -- Mr. Arriola: It's not as big as you think it is, but -- Ms. Rodriguez -Gomez: Not as big as you think. Commissioner Winton: No? Mr. Arriola: -- the -- sufficiently in there, and as you could see this -- and 1 think we're bringing some -- for the next Commission item, there are people that have as many as 40 lots -- Ms. Rodriguez -Gomez: Right. Mr. Arriola: -- and it's been 10 years and they haven't done anything about it, so -- City of Miami Page 68 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Winton: Well, could you -- maybe at the next Commission meeting -- Mr. Arriola: Yeah. Commissioner Winton: -- or maybe not because that's P&Z (Planning & Zoning), but the first Commission meeting -- Mr. Arriola: Yeah. Commissioner Winton: -- of February, could you bring back an inventory -- Mr. Arriola: Sure. Commissioner Winton: -- but not just bring back an inventory, but have staff analyze what the impediment would be -- Mr. Arriola: Yeah. Commissioner Winton: -- to developing on those sites. Mr. Arriola: Yeah. Commissioner Winton: Some of them, it's in somebody's control that we've never taken away from them. I suspect that many of them are also -- there's title defects so that you can't even -- Ms. Rodriguez -Gomez: Right. Commissioner Winton: -- give them away anyhow, but I would like to do that kind of inventory - Mr. Arriola: Sure. Commissioner Winton: -- and categorize what the impediment to development is so that we can look at it, and then direct both the City Attorney and the Manager -- Mr. Arriola: Um-hmm. Commissioner Winton: -- to take whatever steps that we figure out at that next meeting to solve the impediment so that we can deal with this issue and provide affordable housing to people in our community that do -- Mr. Arriola: Yeah. Commissioner Winton: -- desperately need it everywhere. Mr. Arriola: We'll -- Ms. Rodriguez -Gomez: We will. Mr. Arriola: -- have it the first meeting of February. I'm telling you, Barbara's doing a great job. She's really going through a whole bunch of lists, and this is just a piece of it. Commissioner Winton: OK Mr. Arriola: You'll see a lot more coming, but I'll give you that inventory. City of Miami Page 69 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Winton.: So we'll look at that whole thing in February. Ms. Rodriguez -Gomez: We will. Commissioner Allen: Right. Commissioner Winton: Thank you. Vice Chairman Gonzalez: All right. Commissioner Allen: Great. Chairman Sanchez: Barbara -- Commissioner Allen: And before we conclude, the person who's going to develop this, you guys have vetted that process out. This is a quality individual contract and I'm pretty pleased. Ms. Rodriguez -Gomez: The -- Commissioner Allen: You might want to comment to that. Ms. Rodriguez -Gomez: --four houses that are going to be developed -- Commissioner Allen: Right. Ms. Rodriguez -Gomez: -- yes, we have checked his background. We have seen the quality and we feel very comfortable with. Commissioner Allen: Correct. Ms. Rodriguez -Gomez: The additional lots will be coming back to the City Commission February 10 to give to a new developer to start construction within 60 days. Commissioner Allen: Right. OK. Commissioner Winton: Great. Commissioner Allen: And that way, we're creating more service providers -- Ms. Rodriguez -Gomez: Correct. Commissioner Allen: -- for the development of affordable houses. Ms. Rodriguez -Gomez: Correct. Commissioner Allen: Great, thanks. Vice Chairman Gonzalez: Very good. Chairman Sanchez: Madam Director, you know, I think if it's -- one of the things that I think we have failed and we have failed miserably has been on affordable housing. Although I think that we have tried our best efforts to work with all those who have put good ideas on the table, at the end of the day, the record clearly speaks for itself that we have failed miserably on affordable housing. A lot offactors to take into consideration -- and, you know, sometimes when they say " City of Miami Page 70 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 the truth hurts," the truth hurts. There are organizations and there are individuals in this community, which I have labeled them `poverty pimps," and these are people that are making money off of the concept of selling and providing an optical illusion of hope to many needy people in our community with the promise of affordable housing that they do not deliver, and at the end of the day, it is you, as a director, and ourselves here, as leaders of this community, that the fingers are pointed at. Having said that, we need to -- I don't know how -- but we need to get together and find ways, whether it be working with the private sector that has been successful, working with government and private sector to get these affordable housing projects moving along, and it's sad because, at the end of the day, the federal funds that we have sitting around that ought to be and shall be used to create affordable housing isn't being used, and then we have to either give it back or we have to reshuffle it around, or do what we have to do, and it -- most of the time, we end up doing things that we aren't supposed to, so I would like to make a recommendation as to we put together some type of summit; find ways to -- you know, through your leadership, or maybe the City Manager, and the Commissioners putting together a public hearing to look outside the box, when it's not working inside the box, to get these projects moving along, because as Commissioner -- as the Vice Chairman stated, at the end of the day, the people that are suffering are the ones that are, you know, wanting to accomplish the American dream, and you constantly have the carrot handing in front of their faces, so I implore with you and ask that either the City Manager, yourself and the Commission put together a summit or a sunshine meeting where we could sit down and put some ideas on the table how to expedite and get these funds going into projects that could be built. Commissioner Allen: Yeah, and Mr. Chairman -- before the City Manager -- I think, in my district, we're working on a business model to that end, as we speak, right now, so I think maybe that can be replicated in the other districts, but I believe you wanted to speak, Mr. City Manager, please. Mr. Arriola: No, no. I was just going to bring forward that we're going to bring you an infill housing program. If you look at the history -- and I -- if you were to -- Chairman Sanchez: Well, that's the problem. I don't want to look at the history -- Mr. Arriola: But that's what I'm say -- Chairman Sanchez: -- because there's no -- the history is bad. Mr. Arriola: No, but what I'm saying, if -- Chairman Sanchez: I want to look into the future. Mr. Arriola: What I want to say now, I thought I would never say, which is, at times, government is actually more efficient than some of these organizations. I think that the way we should go, with the exception of the two or three organizations -- I mean, Commissioner Gonza lez headed one of them in Allapattah, and two or three other ones that actually do the work. We're better off, as government, to finding the locations and then finding the developers, the three, or four, or five good ones that are out there, and just turning it over and let them do the work because every time we go to a lot of these nonprofits that want to do this, "A," they don't have the expertise; "B" is when the projects are completed -- guess what? -- they're out of work themselves, so they prolong the process to maintain an organization and then, at the end, the poor souls out there that -- like you were saying, Commissioner Gonzalez, that need the housing so desperately don't get it. Commissioner Allen: Right. Mr. Arriola: So it -- City of Miami Page 71 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Vice Chairman Gonzalez:: Not only that. The -- Commissioner Sanchez or Chairman Sanchez just touched on a point that is very, very important. After a certain amount of time, either the money goes back to Washington, or we have to move the money around, and you know what? Guess who gets hurt. Mr. Arriola: The little people. Vice Chairman Gonzalez:: The community. Commissioner Allen: Um-hmm, right. Vice Chairman Gonzalez: Then, at that time, because the lack of responsibility on certain people make an entire community suffer the consequences. Mr. Arriola: Absolutely. Commissioner Allen: Right. Vice Chairman Gonzalez: Because that entire community is the one that doesn't have good streets, good sidewalks, appropriate lighting and appropriate housing, so myself -- and I'm only one Commissioner. I'm only one vote. I know what my responsibility is, and let me tell you. I promise you that I'm going to take it very serious. Commissioner Allen: Right. Mr. Arriola: As you should. Commissioner Allen: Yeah. If I could just quickly -- Mr. City Manager, you did put -- you did state something very operative on the record, taking this and pulling this back in-house. I want to say categorically on the record, I don't fully endorse that because I think we have to fully look at this and investigate it. There are some nonprofits out there that can be successful because what we're trying to do is create a great many more service providers to provide affordable housing, and this also gives, if you will, a participation type of arrangement from those communities to help build this affordable housing, so I wouldn't just necessarily make a -- Mr. Arriola: Commissioner, you -- Commissioner Allen: -- endorse a blanket statement to bring in the entire project in-house. Mr. Arriola: -- you been at this -- you've been this a couple of months. I've only been at it a couple years. Commissioner Allen: Right. Mr. Arriola: 1 could assure you, after a couple years, 90 percent of those organizations have failed, and the result is we don't have anything, so I'm not speaking on my beliefs because I started the process by saying that I cannot believe that I'm saying this because I was on the other side of the fence, but after two years of getting hit, I'm really -- unless somebody comes in with real expertise, that they have done this in the past -- I mean, Habitat for Humanity is a perfect example -- Commissioner Allen: Yeah, they're a good organization. Mr. Arriola: -- that have done it. City of Miami Page 72 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Allen: Right. Mr. Arriola: When Alla -- when Commissioner Gonzalez had Allapattah, he built Ralph Plaza I and Ralph Plaza II. I mean, that's expertise, but we're giving -- Vice Chairman Gonzalez: No, but the problem is that, you know -- and let me tell you, Commissioner Allen. You know, I -- if someone on this Commission has a little bit of experience on what it is affordable housing and building, it's myself because I dedicated 15 years of my life to do that in a community -based organization. You need to have a developer -- a development team. Commissioner Allen: Correct. Vice Chairman Gonzalez: You need to have your architects. You need to have your engineers. You need to have your builders. You need to have people that know how to run plans; how to get permitting; how to -- you need to have a team that knows how to do that. Commissioner Allen: Correct. Vice Chairman Gonzalez: And even having a team is very difficult, you know, when you want to work -- even wanting to work and having a team is difficult, so you need to have people that have the expertise, the know-how, and on top of that, the willingness to go through a lot of horrors, but to -- Commissioner Allen:: Right. Vice Chairman Gonzalez: -- build the project. Commissioner Allen: Right, and I share your concern because those are some of the things I'm looking at in my district, and examining each of these organizations, I'm sort of perplexed that many of these organizations don't have a project manager with that type of experience. I think that's where we dropped the ball, so -- Commissioner Winton: They don't have anything with experience. Commissioner Allen: -- as I said, again, I'm working diligently with both the City Manager and Barbara to that end to make sure that we can get affordable houses built, but I wouldn't want to endorse a wholesale approach of bringing this entire method of building affordable houses in- house, if you will, please, OK. Mr. Arriola: But I -- and I -- Commissioner Allen: So I'd like to -- Mr. Arriola: -- did not say that. I said that -- Commissioner Allen: I'd like to be open-minded about that -- Mr. Arriola: Yeah, I will. Commissioner Allen: -- if you could. Yeah. Mr. Arriola: But the truth of the matter is, Commissioner, 1 am very open-minded, but no more failures, and if anybody -- City of Miami Page 73 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Allen: Right. Mr. Arriola: -- in here that has -- that doesn't have a track record, I'll be the first one -- and I'm going to come up here and tell this Commission not to support him because this is not the time to play games anymore. We've played -- I mean, in my stay here for two years, I've played enough games. I want this to be straight. If you don't have the expertise and you don't bring a pedigree with expertise, I'll be in front of this Commission who says no. If it's an association -- like I said, there's three or four or five that really worked out very well that come forward that want to do this project, I'm going to be the biggest supporter in the world. Having said that, if they don't have that expertise, I'm telling you. You guys could do -- I don't vote -- own vote. You guys vote, but I'll be the first one to tell you you'll be making a mistake because I've made that mistake in the past and I don't want to do it again. Chairman Sanchez: All right. Let's go ahead and close the public hearing. Commissioner Allen: But -- right. Just one last quick -- Mr. Chair. Chairman Sanchez: We'll bring it back. Commissioner Allen: Yeah. I just don't want to use one example to paint a broad brush, if you will, with respect -- Commissioner Winton: But -- Commissioner Allen: -- to this issue, and let's just be open-minded about it. Chairman Sanchez: All right. Commissioner Allen: Let's not do a broad brush paint -- Chairman Sanchez: And I agree. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Before -- let's do something. Let's -- Commissioner Allen: Yes. Chairman Sanchez: -- open the public hearing. It's a public hearing. Then we'll bring it back for further discussion on the Commission. At this time, we'll open up the public hearing. Anyone from the public wishing to address this item, please step forward Sir, welcome to City Hall. State your name for the record. Hershel Haynes: All right. My name is Hershel Haynes and I reside at 4601 Northwest 15th Avenue, Miami, Florida 33142. In regards to District 5, I'm chairman of the Hadley Park Model City Homeowner's Association, and in regards to the discussion that I just was privy to, I agree with you and it has been proposed, even by Senator Fredericka Wilson, to do some of what you referenced in regards to broadening this out to have the experts come in and all of the key people come in to a forum where this project can be discussed, and regards to the project that's ongoing in Model City, so that all of the problems that have been pointed out by the media, by the press can be addressed, and all of the issues that seems to be illusive, in terms of who is responsible and trying to shift the blame or whatever can be addressed, and I do not, absolutely do not agree with our City Manager in regards to completely disregarding -- if he's referencing the project in Model City, I think that the project needs help. The project need help and I think City of Miami Page 74 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 the media has been properly addressing that, that it needs help, and when you look at the record, the record will speak that the project and the board -- I don't see any of them here, but I've been to their meetings, and I know for a fact that it's not so much that the board can do without the approval, or what the aspect of the City is responsible for, namely, the interlocal agreement, which was just finalized that they could move forward and do some of the things that they were charged to do. All of those things need to come out in a public forum, and so -- then I'd like to speak to that and 1'd like to hear what you have to say in regards to this kind of issue being addressed, Mr. Chairman. Mr. Arriola: Commissioner -- Chairman Sanchez: But that -- wait. Before we do that, let's finish the public hearing. All questions go through the Chair. Someone from the Commission will address your question. Next speaker. Thank you. Mr. Haynes: OK Chairman Sanchez: Then we'll close the public hearing, bringing it back to the Commission for further discussion. Charles Cutler: Yes. Good afternoon, Commissioners. Charles Cutler, 706 Northwest 4th Avenue. I have to commend you, Commissioner Sanchez, and Commissioner Gonzalez and Commissioner Regalado, also, for your sincerity and your leadership, and really the concern that you have for what's really going on in the inner-city now. I have to commend you for that and I think that we are finally moving in the right direction. However, I think that, with one organization, in particular Model City, I've been watching them very closely in terms of what they're doing because I grew up in this community. I was born and I was raised here, and it's time to start moving forward, and I'm also very active in the community and a lot of the feedback that we're getting is that a lot of other areas are being developed, and places like Liberty City, Overtown and Brownsville are being overlooked, and I think that, that with the Model City Trust, we're moving in the right direction, and some of the issues that I've seen that's been addressed predates the Trust, and I think that we do need to sit down and come up with a viable plan, and we do need to be inclusive in terms of the services that's being provided into the community, and you know my thing is employment. I'm a stickler for that because there's a lot that's going on in Miami right now, and 1 think that we need to come up with a process that's going to -- a galvanized process that's going to be able to include everybody in this, so there are going to be some hard decisions that have to be made, but 1 think that we're moving in the right direction. Thank you. Chairman Sanchez: Thank you. Anyone from the public wishing to address this Commission, please step forward. Seeing none, hearing none, the public hearing is closed. Coming back to the Commission. Vice Chairman Gonzalez, you're recognized. Vice Chairman Gonzalez: Yeah. We could blame every -- anybody and everybody for the failures of this particular project that the gentleman was talking about, but let me tell you. I have felt very, very bad for the last three years, when we are paying administration of a housing project from the general fund, providing 600,000 -- it's $600, 000? Mr. Arriola: No, close to $700, 000. Vice Chairman Gonzalez: OK, close to $700, 000 for administration of a housing project, and let me tell you. You know what make me feel bad? Because for 15 years, I was building affordable housing with a budget of $50, 000; that's what Allapattah Business Development got every year, 15 -- $50, 000 to pay electricity, to pay water, to pay telephone, to pay taxes, to pay salaries, all right, and we had to go outside and get support from the private sector in order to survive. This City of Miami Page 75 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 agency has -- how many lots do this agency has? Mr. Arriola: How -- Vice Chairman Gonzalez: How many lots? Mr. Arriola: Over 60 lots, I imagine. Vice Chairman Gonzalez: Over 60 lots, about $5, 000, 000, and they cannot build one single home, and the last time that I met with the executive director, I told her -- and I ask her, I said I'm going to support you this time, but when are you going to build the first home? When are you going to -- I just ask you to build one. I just want to see one. I'm not asking you for 10, 15, 20, 60 -- one house, because that community is in need. That's one of the communities in this City that has most needs in the City of Miami, and you're not providing services and you're not providing what you promised to provide, and this is going to be the last year. Well, here we are. We are about six months later on the same conditions; 60 empty lots, 60 families without homes and we're spending $600, 000 or $700, 000 in administration. You know, when you get $700, 000 in administration and you make a hundred and some thousand dollars in salary without working, why should you work? I mean, why should you concern yourself? If you give me $100, 000 a year and you tell -- you know, and I don't have to work, let me tell you, you know, 1 will sit back and relax and I will say life is good. Life is good, you know. I don't have to work and I'm making $100, 000 a year. This has to end. I'm sorry, but this has to end, and I'll tell you. This Commissioner, this Commissioner will not vote on providing that amount of money anymore for administration until I'm proven different, and until I see a track record of really developing the community and providing services for that community, I will not support any more money. It's that simple, Mr. Manager, so don't even bring it to me because -- Mr. Arriola: I won't. Vice Chairman Gonzalez: -- you know where I stand. Mr. Arriola: No. Commissioner -- Chairman Sanchez: All right. Any further discussion? Mr. Arriola: I just -- can 1 tell you something because -- Chairman Sanchez: Sure. Mr. Arriola: -- before -- my statement was not about Model City, by the way. My statement is specifically about other Model Cities that we have out there, and Barbara's going to bring you, in the next meeting, another 40 lots that we gave to somebody else -- Vice Chairman Gonzalez: I'm also referring to those. Mr. Arriola: That's what I'm saying. No, no, but I'm saying because they brought -- everybody wants to make this a Model City, but I'm going to bring you a resolution to take back 40 lots from another group that has not performed. Today was nine. Next week, it's going to be 40, and there'll be more coming, so let's don't paint this -- Commissioner Winton: And -- Mr. Arriola: -- that I'm talking about Model City. I'm talking about a citywide problem that we have, that we give these properties to -- City of Miami Page 76 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Allen: Right. Mr. Arriola: -- people that don't know what they're doing, and 10 years later -- by the way, the 40 lots that I'm going to bring back is 10 years, 10 years, 10 years later we're finally going to pull them. Chairman Sanchez: Commissioner Allen. Commissioner Allen: Right. If I may, and I share the concerns of both the City Manager and your passionate concerns, as well, Commissioner Gonzalez. I had no idea that this would morph into the discussion about Model City, and in fairness, I -- Commissioner Winton: Nor did I. Commissioner Allen: -- think someone from Model City should have been here, so I just want to put on the record -- Mr. Arriola: Yeah. Commissioner Allen: -- these discussions regarding Model City. I think, frankly, there should be someone here if they're going to be discussing some issues (UNINTELLIGIBLE), as it relates to Model City, someone should have been here, so respectfully, I'm going to request that we sort of table any discussions regarding the Model City, and however, address this citywide and/or other lots, and I do share the concern. We must move forward the issue of affordable housing, and I will assure the balance of the Commission here, my ranking members here, that I am working diligently with the City Manager and Barbara with respect to the Model City issue, and we hope to bring some resolution to that favorably in behalf of the City overall. Thank you. Vice Chairman Gonzalez: Thank you. Chairman Sanchez: Commissioner Allen, that's a point well taken on that matter. I think that any time we address any concern on naming any organization, they should be here to defend themselves. OK. Any further discussion on the item? If not, let me just bring to your attention -- Barbara, maybe you could read yesterday's Washington Post, where the President has made it very clear that to help address the deficit, he will be making recommendations to cut 50 percent of CDBG (Community Development Block Grant) in housing funds for the year 206 [sic]. Commissioner Winton: How ridiculous. Chairman Sanchez: That is of great concern -- Commissioner Winton: How ridiculous. Chairman Sanchez: That is of great concern to a lot of municipalities here in this nation of ours, so I just wanted you to -- Ms. Rodriguez -Gomez: We already got the one of 2005-2006 that it was already reduced, and worst of all -- and we're going to be talking about our calendar -- is social programs. That is going to have a significant impact next year, so we're going to have a very big challenge. Commissioner Winton: Y'all elected him. Chairman Sanchez: All right. Commissioner Regalado and then we're going to close the discussion and we're going to vote on the item. City of Miami Page 77 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Regalado: Just something that doesn't have to do with CDBG, but has to do with social programs -- and we need to just hurry. You may have heard of the proposal for Medicaid that will be in front of the State legislature -- Ms. Rodriguez -Gomez: Right. Commissioner Regalado: -- next March. One of the proposals in that package is to increase or double the number of license for adult living facilities in the state of Florida, especially in South Florida, in order to get people out of hospitals and hospices -- Ms. Rodriguez -Gomez: And nursing homes. Commissioner Regalado: -- and send them to homes. This is really dangerous because also, the Miami -Dade County grand jury has recommended to bring people out of the jails, mentally ill people, and send them to adult living facilities. I'm just saying that, you know, we have 126 facilities of this kind in the City of Miami, 64 in District 4 only, and so the State legislature is going to give you -- give us a real gift of issuing many, many license in this session. Commissioner Winton: What are we doing to -- what are we doing with our -- Commissioner Regalado: I don't know, but we have lobby -- Commissioner Winton: -- Legislative Delegation? Commissioner Regalado: -- we have lobbying team there. Vice Chairman Gonzalez: But we have -- don't we have a say in, as far as the zoning is concerned on that? Commissioner Regalado: No. No, because -- I mean, the zoning is -- they just -- we have 1,000 feet and that's it, and you know, Carlos Lopez-Cantera has presented a -- Commissioner Winton: Is this a federal thing or a state thing? Chairman Sanchez: State. Commissioner Regalado: It is a state. It's the state. Commissioner Winton: But we need to -- you know, it isn't as though we don't know -- you know, we've got to get our delegation focused on this and do the right thing here in -- Commissioner Allen: Right. Commissioner Winton: -- Miami -Dade County. Commissioner Regalado: Well, you know, I'm telling you just -- Ms. Rodriguez -Gomez: That's going to be -- Commissioner Regalado: I was talking to the City Attorney yesterday about the halfway house -- the ALF (Adult Living Facility) turned halfway house in -- around my home in Shenandoah. Two nights in a row, police called in. A police officer had even shoot a dog because they sicced the dog on him. They were some women prostitutes that were brought into the house at 2 a.m. It was a mess and this is going to go on. City of Miami Page 78 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Winton: Do we want to bring the chairman of the Dade Delegation to the next Commission meeting and talk about this issue? Ms. Rodriguez -Gomez: Maybe. Chairman Sanchez: That's a good idea. Commissioner Winton: And pass a resolution? Chairman Sanchez: We could do that. Excellent. As a matter offact, we should. Commissioner Regalado: It's an excellent idea, you know, because -- Chairman Sanchez: That's an excellent recommendation. OK. Vice Chairman Gonzalez: OK. Chairman Sanchez: No further discussion on the item. We did open up the -- for the public. Commissioner Winton: Who's going to bring -- Chairman Sanchez: The public spoke. We closed it. Commissioner Winton: Who's going to bring -- who's going to invite the chairman of the Dade Delegation? Commissioner Regalado: The Chairman, the Chairman. Chairman Sanchez: We'll invite the chairman of the Dade Delegation, and of course, we'll -- Commissioner Regalado: Rudy. Chairman Sanchez: If anything, we'll have the Legal Department draft legislation for us to approve. OK. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The motion carries. PH.10 04-01435 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ADOPTING THE PLANNING CALENDAR FOR THE 31ST YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND OTHER PROGRAMS FUNDED THROUGH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AS STATED HEREIN. 04-01435-summary form.pdf 04-01435-public notice.pdf 04-01435-resol ution. pdf Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City of Miami Page 79 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 R-05-0035 A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, to schedule award of 31st Year Community Development Block Grant Funds ( CDBG) on June 9, 2005. Chairman Sanchez: PH.10. Vice Chairman Gonzalez: I'll move PH.10. Barbara Rodriguez -Gomez (Director, Community Development): PH.10, you need to tell me when will you be awarding funds for Community Development next year. In the calendar, I have given you from June 9 to June 23. There is a regular City Commission meeting on June 9, and there is a PZ (Planning & Zoning) on the 23. Chairman Sanchez: And that's to hear the 31st Year CD (Community Development). Ms. Rodriguez -Gomez: That is the time frame that we can do a Special Commission meeting for CD or you can do it as part of your regular -- Chairman Sanchez: What's the window of opportunity -- Commissioner Allen: Regular agenda. Chairman Sanchez: -- June the 9 through the 23? Ms. Rodriguez -Gomez: Through the 23. Commissioner Winton: June 9. Commissioner Allen: Let's do it the 9 because that's a Regular Commission meeting, right? Ms. Rodriguez -Gomez: That's a Regular Commission Meeting. Commissioner Winton: Yeah. Chairman Sanchez: All right. Ms. Rodriguez -Gomez: Great. Chairman Sanchez: So,we all agree on June 9. Is there a motion? Commissioner Allen: I make a motion that we adopt June 9 -- Chairman Sanchez: Motion. Is there a second? Commissioner Winton: Second. Vice Chairman Gonzalez: I'll second it. Chairman Sanchez: Second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." OK, so set the meeting for June 9. Any other question on the item? It is a public hearing. Anyone from the City of Miami Page 80 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 public wishing to address this item, please step forward and be heard Seeing none, hearing none, the public hearing is closed, coming back to the Commission for a vote. There's been a motion and a second. Madam Clerk, did you get the maker of the motion and a second? Priscilla A. Thompson (City Clerk): I have Commissioner Allen and Commissioner Winton. Commissioner Allen: Yes. Chairman Sanchez: OK. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.11 04-01447 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 NOT TO EXCEED $175,412, FROM CODEC, INC.- LA PALMA; ALLOCATING SAID FUNDS TO THE JAMES E. SCOTT COMMUNITY ASSOCIATION, INC. IN THE AMOUNT OF $ 100,000, FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES, TO THE CITY OF MIAMI NEIGHBORHOOD ENHANCEMENT TEAM OFFICE THE AMOUNT OF $35,412, FOR THE RENOVATION OF THE LITTLE HAITI FREEDOM GARDEN AND TO YOUR CHEF, INC. THE AMOUNT OF $40,000, FOR ECONOMIC DEVELOPMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S) WITH SAID AGENCIES. 04-01447-exhibitl .pdf 04-01447-exh i b it2. pdf 04-01447-exhibit3. pdf 04-01447-resolution. pdf 04-01447-public notice.pdf 04-01447-summary form.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-05-0036 Barbara Rodriguez -Gomez (Director, Community Development): PH.11, the purpose of this item is to transfer CDBG (Community Development Block Grant) funds in the amount of 175, 412 from CODEC (Community Development Corporation), Inc., and allocate said funds to JESCA (James E. Scott Community Association), $100, 000 for public facilities and improvement; 35,412 to the City of Miami NET (Neighborhood Enhancement Team) Office for renovations of the Little Haiti Freedom Garden, and $40, 000 to Your Chef Incorporated for Economic Development activities. Chairman Sanchez: All right. Vice Chairman Gonzalez: I'll move PH.11. Chairman Sanchez: There is a motion by Vice Chairman Gonzalez. Is there a second? City of Miami Page 81 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. Before we open it for discussion in the Commission, it's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for a discussion. Any discussion on the item? If not, I just have a question, Barbara. Ms. Rodriguez -Gomez: Yes. Chairman Sanchez: The money -- CODEC money will be replaced, correct? Ms. Rodriguez -Gomez: It is already replaced with HOME (Home Investment Partnership Program) money. Chairman Sanchez: It has been replaced. OK. Ms. Rodriguez -Gomez: It has, and there is a meeting, and I provided your office with a public notice of when. Chairman Sanchez: 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." Motion carries unanimously. Ms. Rodriguez -Gomez: Thank you. City of Miami Page 82 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 ORDINANCES -EMERGENCY EM.1 04-01414 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A GRANT FROM THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND"), IN THE AMOUNT OF $419,670, FOR THE BICENTENNIAL PARK SHORELINE STABILIZATION - PHASE II PROJECT, B-30290; AMENDING ORDINANCE NO. 12622, ADOPTED DECEMBER 9, 2004, BY APPROPRIATING SAID GRANT FUNDS TO CAPITAL IMPROVEMENTS PROJECT NO. 331418, ENTITLED "BICENTENNIAL PARK IMPROVEMENTS;" AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIND PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 04-01414-exhibitl .pdf 04-01414-exh ibitl A. pdf 04-01414-exhibitl B.pdf 04-01414-exhibitl C.pdf 04-01414-exhibitl D.pdf 04-01414-exhibitl E.pdf 04-01414-exhibit1 F.pdf 04-01414-exhibitl G.pdf 04-01414-exhibitl H.pdf 04-01414-master report.pdf 04-01414-resolution. pdf 04-01414-summary form.pdf 04-01414-textfile report.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, 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 Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez 12638 Chairman Sanchez: We move on to emergency ordinance. It's a four -fifths vote. Commissioner Winton: So moved. Chairman Sanchez: It's accepting a grant, if I'm not mistaken. There's a motion by Commissioner -- Commissioner Regalado: Second. Chairman Sanchez: There's a motion by -- Commissioner Winton: Winton. Chairman Sanchez: There's a motion by Commissioner Winton, second by Commissioner Regalado. It is open for discussion. Does this require a public hearing? It's a public hearing. Anyone from the public wishing to address this item, please step forward and be heard or City of Miami Page 83 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 recognized. Seeing none, hearing none, the public hearing is closed. It is an ordinance, emergency ordinance, and well have the City Attorney read it for the record. It requires a four - fifths vote. 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): First roll call. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been adopted as emergency measure, 4/0. EM.2 04-01425 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" BY AMENDING SECTION 54-1 AMENDING THE DEFINITION OF "PARADE," AND AMENDING THE DEFINITION OF "ASSEMBLY;" AMENDING SECTION 54-3 TO CLARIFY THAT PUBLIC GATHERINGS ON PRIVATE PROPERTY ARE NOT WITHIN THE SCOPE OF THIS SECTION; AMENDING SECTION 54-6 TO INCREASE THE THRESHOLD NUMBER OF PERSONS WHICH CONSTITUTE A PARADE FROM FIFTEEN TO FIFTY; AMENDING SECTION 54-6.2 TO INCREASE THE THRESHOLD NUMBER OF PERSONS WHICH CONSTITUTES AN ASSEMBLY FROM FIFTEEN TO FIFTY, TO REQUIRE A PERMIT FOR ANY NUMBER OF PERSONS TO OCCUPY ANY STREET, TO REDUCE THE TIME THE CHIEF OF POLICE SHALL ACT UPON A PERMIT FOR AN ASSEMBLY OF AN URGENT OR SPONTANEOUS NATURE FROM EIGHT TO FOUR HOURS, AND TO REDUCE THE TIME THE CITY MANAGER SHALL ACT UPON AN APPEAL OF A DENIAL OF A PERMIT FOR AN ASSEMBLY OF AN URGENT OR SPONTANEOUS NATURE FROM EIGHT TO FOUR HOURS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 04-01425-cover memo.pdf 04-01425-legislation. pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, 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 Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez 12639 Chairman Sanchez: EM 2 is an emergency ordinance requiring a four -fifths vote. Do we have someone from the City -- Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, EM.2, EM.3 and EM.4, those three items are companion. You can -- I will have to read each of them and you can vote on them, but basically, these are changes that we're making to these ordinances, emanating out of litigation that started resulting from the FTA [sic], and the concerns that we have with making sure that City of Miami Page 84 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 our parade and street and sidewalks assembly ordinance is up-to-date and defensible in court so that we can allow the Police Department to enforce crowd control, have crowd control measures that would be sustainable and defensible. We have involved the Police Department with us, at every step. We -- this is a result of a mediation that was ordered by the federal courts and attorney George Knox was the mediator, and these were changes that were agreed upon by the Police Department and by the plaintiffs, and we believe it's in the best interest of this City to adopt these -- three ordinances. Chairman Sanchez: Would this stop pending litigation? Mr. Fernandez: We hope so. Chairman Sanchez: You hope so. Mr. Fernandez: Yes. Chairman Sanchez: OK. All right. Mr. Fernandez: We're heading in that direction. Commissioner Winton: So moved. Chairman Sanchez: Is there a motion? Commissioner Winton: So move EM.2. Chairman Sanchez: There's a motion by Commissioner Winton -- Commissioner Regalado: (UNINTELLIGIBLE). Chairman Sanchez: Is there a second? Commissioner Winton: I'll second this, but -- Chairman Sanchez: Second for purpose of discussion by Commissioner Regalado. Regalado -- Commissioner Regalado, you're recognized. Commissioner Regalado: How would this stop current litigation? I mean, I'm sure that it would stop litigation from the ACLU (Americans Civil Liberties Union), maybe -- Mr. Fernandez.: Right. Commissioner Regalado: -- that we should -- wanted to change the ordinance, but the people that were arrested -- Mr. Fernandez: No, no, that they -- it won't stop. Commissioner Regalado: -- those people will still -- Commissioner Winton: No, no. That -- Doesn't have anything to do with that. Mr. Fernandez: No. Commissioner Allen: Right, because this doesn't have retroactive affect. City of Miami Page 85 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Winton: Different. Mr. Fernandez: Right, exactly. Individuals -- Commissioner Winton: It's just on regulatory -- Mr. Fernandez: -- that have causes of action, those will continue, but with regard to defects that might have been existing in our protocols and in our ordinances, hopefully, those would go away by curing these. Commissioner Allen: Right, and this is -- Chairman Sanchez: All right. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Commissioner Winton made the motion, Commissioner Regalado second it for the purpose of discussion. Any further discussion from the Commission? Hearing none, Mr. City Attorney, read the ordinance into the record. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: All right. 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 measure has been adopted on emergency basis, 4/0. EM.3 05-00003 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" BY AMENDING SECTION 54-6.3(M) CLARIFYING OTHER PUBLIC GATHERINGS NOT GOVERNED BY SAID SECTION; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 05-00003-cover memo.pdf 05-00003-legislation. pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, 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 Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez 12640 Chairman Sanchez: EM.3 is an emergency ordinance also. Is there a motion? Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. City of Miami Page 86 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. Before we open it for discussion, 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 come back to the Commissioner for further discussion on the item. Hearing no discussion on the item, Mr. City Attorney read the ordinance into the record. It's a four -fifths vote. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: 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 adopted on emergency measure, 4/0. EM.4 05-00004 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 38 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION" BY AMENDING SECTION 38-74(a) TO RAISE THE THRESHOLD NUMBER OF PERSONS REQUIRED FOR A PERMIT TO CONDUCT A CONCERT, MUSICAL EVENT OR DANCE, OR PARADE OR ASSEMBLY IN A PARK, FROM FIFTEEN TO FIFTY; REQUIRING A PERMIT FOR THE ERECTION OF A TENT OR TEMPORARY STRUCTURE IN A PARK; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 05-00004-cover memo.pdf 05-00004-leg is lation. pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, 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 Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez 12641 Chairman Sanchez: EM.4 is an emergency ordinance requiring -- Commissioner Winton: So moved Chairman Sanchez: -- a four -fifths -- There is a motion by Commissioner Winton. Need a second for a discussion. Commissioner Winton: It's a -- Commissioner Regalado: Second. Commissioner Winton: -- companion item. City of Miami Page 87 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Sanchez: It's a companion item -- Vice Chairman Gonzalez: Second. Commissioner Allen: Right. Chairman Sanchez: -- and a second by Commissioner Regalado. It is open for discussion. Before we go to discussion, being an emergency ordinance, requiring a public hearing, we go to the public. The public hearing is open. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commissioner for further discussion. Hearing no discussion on the item, it is a four -fifths vote. Mr. City Attorney, could you read the ordinance into the record. 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): First roll call. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been adopted as emergency measure, 4/0. ORDINANCES - SECOND READING SR.1 04-00948 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 4/SECTION 2-272 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/ DEPARTMENTS/PUBLIC WORKS DEPARTMENT/CONSTRUCTION PLANS CHECKING FEE," TO ESTABLISH AN EXPEDITED PLANS REVIEW SERVICE AND A CORRESPONDING FEE TO COVER THE COSTS OF PERFORMING SAID SERVICE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00948-cover memo.pdf 04-00948-budgetary impact.pdf 04-00948-leg islation. pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Allen Absent: 2 - Commissioner Gonzalez and Regalado 12642 Chairman Sanchez: All right. Moving right along to ordinance on second reading. We have SR .1. It's an ordinance on second reading. Is there a motion? Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. Is there a second? Commissioner Allen: Second. City of Miami Page 88 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Sanchez: Second by Commissioner Allen. It is open for discussion. Before we go into 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, coming back to the Commission for discussion. Any discussion? If not, I'd like to just state that this is long overdue. Commissioner Allen: Right. Chairman Sanchez: This is something that I think that every Commissioner here, at one point or the other, basically on the growth of the City, we have focused on figuring out ways to expedite things on a fast track plan review, and of course, passing on the burden onto the -- Commissioner Allen: Applicant. Chairman Sanchez: -- the developers, who are wishing to pay for it, being that a lot of these big projects are being presented to the City, so it's a -- I think it's an excellent -- it's a win -win situation for all of us, so having said that, Mr. City Attorney, read the ordinance into the record. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: All right. Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. SR.2 04-00971 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 ("CODE"), ENTITLED: ADMINISTRATION/DEPARTMENTS/PUBLIC WORKS DEPARTMENT" TO ADJUST THE FEE SCHEDULE; AND AMENDING CHAPTER 55 OF THE CODE, ENTITLED: "SUBDIVISION REGULATIONS" TO AMEND REVISIONS OF PLATS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00971-cover memo.pdf 04-00971-legislation. pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Allen Absent: 2 - Commissioner Gonzalez and Regalado 12643 Chairman Sanchez: SR.2 is an ordinance on second reading. Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. Is there a second? Commissioner Allen: Second. City of Miami Page 89 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Sanchez: Second by Commissioner Allen. It is a public hearing. Anyone from the public wishing to address this Commission, please step forward to the podium to be heard. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for any discussion on the item. Hearing none, we go to the City Attorney to read the ordinance into the record. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. SR.3 04-01309 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CODE"), ENTITLED: "MOTOR VEHICLES AND TRAFFIC/ PARKING RATES," BY: (1) CHANGING THE PARKING RATES AT CERTAIN SPECIFIED ON -STREET PARKING METER ZONES AND PARKING LOTS; (2 CHANGING THE PARKING RATES AT CERTAIN MUNICIPAL PARKING GARAGES AND OFF-STREET PARKING LOTS; (3) AUTHORIZING THE DEPARTMENT OF OFF-STREET PARKING ("DOSP") BOARD TO CHANGE RATES BY RESOLUTION BY NOT MORE THAN THREE PERCENT (3%) ANNUALLY; (4) PROVIDING FOR VALET METERED SPACE RENTAL AND ON -STREET NON -METERED SPACE RENTALS AND RENTAL RATES; AND (5) BY INITIATING RATES FOR NEW FACILITIES DURING THE FISCAL YEAR; MORE PARTICULARLY BY AMENDING SECTIONS 35-191, 35-192, 35-193, AND 35-194 OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-01309-cover memo.pdf 04-01309-memo. pdf 04-01309 Complete Legislation.doc Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Allen Absent: 2 - Commissioner Gonzalez and Regalado 12644 Chairman Sanchez: SR.3, it's an ordinance on second reading. Commissioner Winton: So move. Chairman Sanchez: That is the Off-street Parking. We have a motion by Commissioner Winton. Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. It is open for discussion. Before we do that, let's go to the public. It's a public hearing. Anyone from the public wishing to address this City of Miami Page 90 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commission, please step forward and be heard. Seeing none, hearing none, the public hearing is closed. Any further discussion from the Commission? If not, Mr. City Attorney, read this ordinance on second reading into the record. 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. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. City of Miami Page 91 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 ORDINANCE - FIRST READING FR.1 04-01429 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CITY OF MIAMI PROCUREMENT ORDINANCE;" MORE PARTICULARLY BY AMENDING SECTION 18-89(B), ELIMINATING THE APPLICABILITY OF THE TEN PERCENT (10%) LOCAL PREFERENCE FOR CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE; SUNSETTING SAID CHANGE AT THE END OF ONE YEAR FROM THE EFFECTIVE DATE, WITH THE OPTION TO RENEW FOR AN ADDITIONAL ONE-YEAR PERIOD. 04-01429-summary form.pdf 04-01429-miami code.pdf 04-01429-resolution. pdf Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Noes: 1 - Commissioner Regalado Direction to the City Manager from Commissioner Winton to create a reporting mechanism to measure performance of contracts awarded for capital improvement construction projects for one year before the elimination of the local vendor preference, and compare that to contracts awarded during the first year without the local vendor preference. Chairman Sanchez: All right. We move on to first reading -- Commissioner Allen: First reading. Chairman Sanchez: -- ordinance. We have an ordinance on first reading. That's FR.1. Commissioner Winton: So moved. Discussion. Chairman Sanchez: There's a motion. Is there a second? Commissioner Allen: Second. Chairman Sanchez: There's a motion and a second Before we go to discussion, anyone from the public wishing to address this item, please step forward and be recognized Seeing none, hearing none, the public hearing is closed. Coming back to the Commission. Commissioner Allen: Yes. Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: Yes. Quick question. Could you bring -- if you will, Mary. Let's see. The -- oh, well, the substantive nature of this is what -- could you just expound on it a bit, please. Mary Conway.: Certainly. Mary Conway, CIP (Capital Improvement Projects) and Transportation. Commissioner Allen: Right. City of Miami Page 92 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Ms. Conway: The ordinance that's before you today is requesting, on a two-year basis, suspension or elimination of the current local preference option, which allows firms that are located within the City of Miami, if they are within 10 percent of the low bid on a construction contract, to match that low bid. We -- Commissioner Winton: Is this only on construction contracts? Ms. Conway: This is only for capital improvement construction projects. Commissioner Allen: Capital improvement. Ms. Conway.: Not for any other -- Commissioner Allen.: Right. Ms. Conway: -- procurement of goods and services. Commissioner Winton.: OK. Ms. Conway: Strictly related to capital projects. Commissioner Allen: Right, and you're waiving the local -- you're requesting a waiver of the local preference. Ms. Conway: Yes, we are. Commissioner Allen: Right, and -- Ms. Conway.: For two reasons: One of which is that we've gotten -- Chairman Sanchez: Could -- Ms. Conway: -- direct feedback from -- Chairman Sanchez: Madam Director, can we do something? Commissioner Allen: That eliminates jobs. Chairman Sanchez: I think that one of the Commissioners wanted to be here on this item. Let's go and -- Ms. Conway: Defer this. Chairman Sanchez: -- defer this item till we have -- Commissioner Allen: Yeah. Could we -- Chairman Sanchez: -- a full Commission. Ms. Conway: Certainly. Commissioner Allen: It's going to require some level of -- Chairman Sanchez: Because I think that maybe some of the Commissioners may not want to City of Miami Page 93 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 give up that local preference -- Commissioner Allen: Yeah. Chairman Sanchez: -- so we could -- Commissioner Allen: This may require some level of discussion. That's my concern. Chairman Sanchez: -- so we could have -- Ms. Conway: Certainly. Chairman Sanchez: -- a full Commission to have -- Commissioner Allen: Right. Chairman Sanchez: -- a healthy debate on this item. OK. Let's move on over to RE.1. FR.1 is going to be tabled till the afternoon, Madam Clerk. Chairman Sanchez: And we go to FR.1 -- Commissioner Allen: Right. Chairman Sanchez: -- which was an item that, I believe, we wanted all the Commissioners to be here for that item, so Madam Director, you're recognized. Commissioner Regalado: Which one? Commissioner Winton: FR.1. Chairman Sanchez: FR.1. Commissioner Winton: It's on procurement. Commissioner Allen: SR. 1? SR.1, is it? Mr. Chairman, could you repeat again, please? You said SR. 1? Chairman Sanchez: F -- Commissioner Winton: F. Chairman Sanchez: FR (First Reading). Commissioner Allen: F. Commissioner Winton: F, as in "Frank" Commissioner Allen: All right. I'm sorry. Thank you. Mary Conway (Director, Capital Improvements & Transportation): Ready? Chairman Sanchez: I'm still looking for it. Vice Chairman Gonzalez: I'm still looking for it, too. City of Miami Page 94 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Allen: Yeah. Commissioner Regalado: FR.1 is -- Commissioner Allen: Yeah, this is -- Chairman Sanchez: What page? Commissioner Allen: -- the one -- this would be on page -- Commissioner Regalado: Page 29. Commissioner Allen: Right. Commissioner Regalado: Page 29. Commissioner Allen: This is with respect to the -- Chairman Sanchez: You see what happens when you go back and forth on the agenda? Commissioner Allen: -- a local preference waiver -- 10 percent local preference waiver. Vice Chairman Gonzalez: That's the one I got here. Chairman Sanchez: I don't have it in page 29. Vice Chairman Gonzalez: It's next to SR.1. I'm sorry, SR.3. It's after SR.3, FR.1. Priscilla A. Thompson (City Clerk): Page 29. Commissioner Regalado: I thought that you guys have done this -- Commissioner Allen: Yeah. Commissioner Regalado: -- when I left, but -- Commissioner Winton: No, we -- Chairman Sanchez: No, no. Commissioner Winton: -- deferred so you could be -- Commissioner Allen: Mr. Chairman -- Commissioner Winton: -- here for it. Commissioner Allen: -- would you like to take a look at -- for the -- you got it? Chairman Sanchez: I have it. I have it. Commissioner Allen: OK. Chairman Sanchez: Madam Director, you're recognized. I found the page. Ms. Conway: Mary Conway, CIP (Capital Improvements Projects). The ordinance that's before City of Miami Page 95 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 you today is requesting a waiver with a two-year sunset of the current local preference ordinance, specifically related to capital improvement projects and capital improvement projects only. This ordinance has been in place since September of 1993. We're requesting the two-year waiver for a few several different reasons. One is that we have found, over the course of the last year, that this -- and let me just take a step back and explain how the waiver work -- or how this ordinance works right now. If there is a vendor who is located within the City of Miami, they have the option, on any capital improvement project bid, if they are within 10 percent of the competitive low bidder for the project, to match that low bid. What we have found, over the course of the last year and also based on historical data over the last several years, is that this has served as a disincentive for bidders to want to bid on work in the City of Miami who may not have addresses that are physically -- or their primary addresses that are located within the City of Miami. That's one issue. The reason behind that is that -- take for instance, Flagami West - end Pump Stations, that's a project that's in a $5, 000, 000 range. A contractor would typically spend easily $50, 000 putting together takeoffs in a bid package for a project like that. There's a disincentive to those bidders if they know that another vendor can simply match their low bid. Ten percent is a very large margin. That's one of the reasons. The second reason is that we have found, on several projects, where we have exercised the local preference option, that the vendor who has then been assigned the work has not had the resources or the capability of performing that work successfully at that price, at that contract price, and it's resulted in contract delays, change orders, claims against the City. Had they been able to do the work successfully at that price, they would have bid it at that price. Thirdly, there's an issue of vendor availability. There's a differentiation between projects that are street construction projects versus other projects that are in our capital plan that are built -- parks building improvements. If we talk about the street program, in particular, there are no concrete or asphalt plans and, as well, associated contractors that are located within the municipal boundaries of the City of Miami, so what we're coming before you and requesting with this item -- and again, specifically related to the Capital Improvement Program -- is a two-year exception of using the local preference option, specifically for capital improvement projects. Now, this is wholly separate from the commitments that we've made to you previously regarding local employment, and we are putting language in contracts that are encouraging local employment. We, in fact, as part of the emergency resolution that we brought before the Commission with the three parks, that we will be coming back before you in the coming month with actual contract negotiations, have fairly significant commitments already that will be part of those contracts and ratified the deal with not only local employment, but that also deal with minority and disadvantaged business commitments that are being made by those contractors, but in this specific instance, if we're not using some of the other avenues that we already have available to us, such as job order contract, but we're going out on specific advertisements for capital improvement projects, we're requesting with this item, with a two-year sunset, the ability to waive the local preference. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: All right. Commissioner Allen: Mr. Chairman, as well, yes. Chairman Sanchez: Before we get into this, we need a motion and a second for the purpose of discussing the item. Commissioner Allen: Second. I'm sorry. I move the item. 1 move the item. Chairman Sanchez: There is a motion by -- Vice Chairman Gonzalez.: I'll second Chairman Sanchez: -- Commissioner Allen, second by Vice Chairman Gonzalez, for the purpose City of Miami Page 96 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 of discussion. Discussion. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. Mary, you should work in United Nations. You are so diplomatic. In this speech, you have just -- Commissioner Allen: Wowed you. Commissioner Regalado: -- told us that none of the people working in the City of Miami are good enough for us. It may be the best business decision, but you know, it's wrong morally because, you know, we hit these businesses with friendly fire; fire fee, other fee, high taxes, and now we tell them that they're -- they shouldn't -- they cannot compete with other big companies, you know. My colleagues can do whatever they want. I -- you know, I know that you guys are working very hard to push the projects, but you know, I am so uncomfortable hearing this that I'm just not going to say anymore because -- I'll defer to my colleagues -- Commissioner Allen: Yeah. Commissioner Regalado: -- but my vote will be no. There is no way I would vote for this because it's -- it may be legal, but it's not right. Thank you, Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Allen, you're recognized. Commissioner Allen: Thank you, Mr. Chairman. I, likewise, share the concerns and the trepidations of Commissioner Regalado. I'm concerned, if you will -- I'll just wait. Mary. Joe Arriola (City Manager): No, that's OK. I'll (UNINTELLIGIBLE). Commissioner Allen: OK, yeah. I can -- yeah. I'm concerned -- obviously, on its face, this would appear to be a valid business judgment decision, but I'm concerned with the impact on -- this clearly impacts the local community here with our local contractors. I would assume that the scope of the services that's being impacted here is just simply construction projects -- Mr. Arriola: Yes. Commissioner Allen: -- which are the CIP projects, but as you very well know, particularly -- and even in my district, 1 have high unemployment, and in addition to that, this type of performance or scope of services also creates a learning curve for those individuals who get involved in performing these duties, and I'm afraid, the more you -- for lack of a better description -- exclude local vendors -- Mr. Arriola: No. Listen -- Vice Chairman Gonzalez: They're not excluding. Commissioner Allen: Right, right. Mr. Arriola: This is -- you're not excluding anything. Commissioner Allen: But the appearance of this -- Mr. Arriola: Well, you -- Commissioner Allen: -- will appear -- Mr. Arriola: Appearance is one thing, I'm very strong on this thing. You want to make this an City of Miami Page 97 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 appearance case, you go ahead and make it an appearance case, but the truth is, it's not working . The truth is that every project that we have given out has failed, has failed to the point that I've been embarrassed by Commissioner Gonzalez, by Commissioner Sanchez, Commissioner Winton demanding that 1 do a better job. The problem is that it's not worked. We are excluding the good people, but it will save money for those same people we're talking about, save money for the taxpayer because now we're trying to be inclusive with people that have proven not to be capable. If they're capable and if they could do it, they should bid under the same premises as everybody else, and they will win the award. What's happening here is that they're opening a little office in the City of Miami. They're calling it their offices. They're coming in. They're a mom-and-pop shop, and then they go out and try to hustle the job someplace else. That why we, today, are fighting constantly; change orders, incomplete orders; people that we have to go after the bonds. I mean, it's been a total disaster. It's been one of the ugliest scenes that we've been fighting for a year and a half in here, so while it looks good, and politically, it sounds good, it doesn't work. It actually has backfired totally because what we've then done is we have created this new businesspeople that come and open a little office; they got two people working in here and now they got the preference. They go out, get the job because -- you know, like everything in life, people abuse it, and this has been so abused, and we've been so burned with folks like this. You'll be amazed how many projects we put out that we end up three, four or five months -- then I have to come back to the Commission. You know, we got a change order. That's another $150, 000, and then I got you guys screaming at me because 1 got another $150, 000 problem, or I have to sue the guy -- Commissioner Allen: Right. Mr. Arriola: -- and the guy stops the project halfway through. Commissioner Allen: OK, so those -- Mr. Arriola: If they are good, they're going to get the job. Commissioner Allen: Right. Mr. Arriola: The problem is that we have to -- when there's -- it's a noncompetitive environment, what happens is people take advantage, and we've been -- this City has been burned by these type of folks. Well, we need to open the -- that's why we're doing a two-year sunset. That's why we're doing it two years. Let the people come back. Let the people know that the City of Miami is going to be by the book, and we're going to make sure that everything's by the book, and if you want to do this, you're not going to open a storefront so you can get that 10 percent, which is what we've got. Commissioner Allen: Right. Mr. Arriola: Tell me what major company we have. We don't, and Mary was the first one to say. None of the big projects are -- it's been sort of a sham, and we try -- we really, really -- the taxpayer is the one stuck with the burden of this thing, and that's why we're having so many problems, and if you look at almost every case that we end up with a bad contract, going after the bond and all that, it's due to this 10 percent thing, and we can't get good people to bid on the job. Commissioner Allen: Right. Mr. Arriola: We're putting out great jobs, million -dollar jobs, and we get one bid, two bids. Commissioner Allen: Right. City of Miami Page 98 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Sanchez: All right. Let me -- Commissioner Allen: All right. Mr. Arriola: None of the real players. Commissioner Allen: So, yeah, I accept your findings, Mr. City Manager, but as a trade-off is there any guarantee that these outside vendors will employ City of Miami residents? Ms. Conway: Yes, and we're incorporating language into the contracts that deal with local employment, whether that's -- Vice Chairman Gonzalez: Don't they have to comply with Title 3 -- Unidentified Speaker: First source hiring agreement. Chairman Sanchez: Sole source. Vice Chairman Gonzalez: -- when they do (UNINTELLIGIBLE) work? Ms. Conway: Commissioner, I'm sorry. Would you -- I didn't -- Chairman Sanchez: Sole source. Ms. Conway: There's first source hiring, but first source hiring -- Commissioner Allen: First source. Ms. Conway: -- applies to jobs that are newly created. We want to go beyond that and make requirements that there be local employment percentages applied to contracts. Commissioner Allen: Right. Ms. Conway: That it not just relate -- because, you know, you can manipulate the definition of a newly created job, so we're looking at that also. Commissioner Allen: That's a fair trade-off. Mr. Chairman. Chairman Sanchez: Any other -- Vice Chairman Gonzalez: Yeah. Chairman Sanchez: Any other discussion on that? Commissioner -- Vice Chairman Gonzalez.: Yes. Chairman Sanchez: -- Vice Chairman Gonzalez. Vice Chairman Gonzalez: I have been one that have always been fighting for businesses to go to local businesses in the City of Miami. I have always asked in contracts, are these businesses located in the City of Miami? Do they employ minorities? Are these minority -owned? You know, and that has been my theory, but in this case, going through the experience that 1 have gone through in two projects, especially one that was supposed to be completed back in August of last year, this is January 13; it's still not completed. I'm still getting complaints from the neighbors. Tomorrow we're supposed to have a meeting with staff and the Manager at this City of Miami Page 99 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 location to see if I can finally have this project completed, and I can have my constituents happy with the improvement that was done on their street. This contractor, in particular, was very irresponsive. They promised to the neighbors things that they didn't comply with, and let me tell you, it has been a nightmare and 1 don't want to go through the same nightmare. Something that I heard, and it was very disturbing, is that some of these companies, they get the contract and then they subcontract to other smaller companies, so they don't handle the contract themselves. They get the contract, they subcontract, and sometimes that is subcontracted twice, so we had three different companies involved in one contract, and that's what -- that's actually what brings all of this amount of problems on projects. To be honest with you, 1 don't want to go through the same, you know, pain that I have gone through on this project. On the other hand, 1 have the same concerns that my colleagues, Commissioner Regalado and Commissioner Allen, have. You know, I want to make sure that whoever this company is and wherever they come from, they employ people from the City of Miami, and that minorities are taken into consideration because, as Commissioner Allen says, we have high unemployment in our city, especially in his district, so I want to make sure that, you know, we're covered in that respect, so that's the only reason why I'm going to support this for two years, to see if I can -- you know, if I can -- if I can see a change on the way that we're doing business, as far as building streets, sidewalks and, you know, and drainage, and you know, and public facilities. Thank you. Chairman Sanchez: Commissioner Regalado, you're recognized. Commissioner Regalado: Mary, you came from DOT (Department of Transportation), right? Ms. Conway: Yes. Commissioner Regalado: I remember, I spent two years, from '97 to '99, once a week, we had a meeting with then -Director Abrieu on the Southwest 8th Street Project. Remember, that -- Ms. Conway.: Yes. Commissioner Regalado: -- huge -- Ms. Conway: Yes. Commissioner Regalado: -- project, three steps? Then we moved on to Flagler and we had a weekly meeting. Commissioner Reboredo was then in the County and 1 was from the City because of the district that I represented, and then Coral Way. All of the projects of the DOT have in their contracts -- I don't know if this is state or federal, or whatever, but you know. You finish one day before, we'll give you a bonus. You finish one day after, we take away money. 1 don't know why can we not do this. I mean, look, guy, if you don't finish on time -- it's just like Angel is saying -- or 22nd Terrace, for instance. Now, the people left. They just left and they left all the debris for four weeks there. I mean, saying, guys, if you -- you have a timeline. How long do you think it's going to take? You finish -- I mean, it -- we will save money if we give them a bonus, but they have to know that if they are past one day -- I remember the first company that did from 27th Avenue to 37th, was like that. They rushed and rushed and rushed. Ms. Conway: To get the bonus. Commissioner Regalado: They got $1, 000, 000 bonus, right? Ms. Conway: Yeah. Commissioner Regalado: They did it four weeks before the timeline, and the second company also got a bonus, and the third company got a bonus. I mean -- and the State, everybody was happy. Nobody complained. Remember the debacle of 1990 on Flagler when DOT did that City of Miami Page 100 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 work and 100 business went under because of the delay of two years, so I don't know if you can do it, but I mean, it's got to be some way to do it. Ms. Conway: We can, and we -- as I -- we've presented before the Commission before, we are looking at a whole myriad of different options, and what you're describing is having incentive/ disincentives. You finish early, there's a day-by-day incentive. You finish late, there's a day-by- day penalty or disincentive. We are looking at minimum qualifications to make sure -- and incorporating this into the front-end document so that firms that are shell corporations that are not capable of performing the work can't perform the work. What this specific item that is before you today is about, is about basic business competition, and one thing that -- you know, and you're exactly right. DOT does a lot of things that deal with -- akin to, similar, but different, first source hiring, job training that's required on federal projects, that are geared toward accomplishing the same things that we want to accomplish with our projects. We have a $500, 000,000 capital plan. We want to see a positive impact to companies within the City of Miami, as well as the labor pool within the City of Miami to the greatest extent possible, but we also want to see the projects completed as effectively as possible, and what this is about is about competition, and not disincentivizing [sic] competition with the best vendors and being able to attract the best vendors by having a 10 percent margin, and something that's of note is, typically on a construction contract, the profit margin is in a range of three to five percent. That's just the profit, so if there's a $10, 000, 000 job, it's a three to five percent profit margin. Having a 10 percent ability for someone to come and match a lower price, it really is -- it is not encouraging, but it's discouraging quality vendors from wanting to bid on City of Miami work, so we are committed to addressing the local employment issues, the minimum qualifications, incentives and disincentives separate from -- regardless, and we'll come back and report. We're in the process right now of preparing a report regarding the contract assignments that we have already made because those actually serve more in the role of construction management, to see how many of the subcontractors are within the City of Miami, and when we're negotiating for the park projects, we are imposing not only the use of minority/women business -owned vendors, but also local employment, and expect to come back before you with percentages in the range of 20 to 30 percent offormal contractual commitments on those large projects, so we are addressing the other issues and we'll report on them. Commissioner Allen: Good, thanks. Chairman Sanchez: Commissioner Regalado. OK. Any other discussion? 1 just -- Commissioner Allen: No, I think your findings are justifiable, so good job. Chairman Sanchez: Madam Director, through your experience as the director of your department and through the experience -- and 1 know that at least, maybe three of us or four of us here have had -- we have our own horror stories as to some of these projects. Would you say that the problem exists with a large percentage of the companies that have gotten these awards being local? Ms. Conway: I would say that it's a combination of local preference, and I can point to that on a handful of projects. It's also an issue of minimum qualifications, and allowing firms to bid on the magnitude of projects that they're actually capable of performing successfully. It's a combination of both. It's -- I wouldn't say that it's all local preference. It's a combination, but 1 can tell you, some of the worst horror stories have been on projects where local preference has been applied. Again, because -- Chairman Sanchez: Well -- Ms. Conway: -- if they could do the work for that price, they would have bid it at that price. City of Miami Page 101 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Sanchez: I needed you to put that on the record as to, you know -- Commissioner Allen: Right. Chairman Sanchez: -- obtain my support here because I, too, am very concerned about, you know, local vendors, but under the current competitive bidding process, the outside or the big companies, the outside companies are discouraged from applying for the job because of the local businesses possibly getting an upper hand on the job, and that creates a -- is that creating a problem? Ms. Conway: Yes, it is. We have had several vendors tell us that they will not bid on City of Miami contracts because it's not worth them going out of pocket for 10, 20, $50,000 or more, depending on the size of the contract, knowing that it's a noncompetitive environment, and that a firm that has a primary address within Miami can match their price, and all of their effort is for naught and it's wasted. Commissioner Allen: Right. Chairman Sanchez: And through your expertise, you're basically saying that these bigger firms will be able to provide the job in a better quality and faster than some of these companies that are currently now getting the job, and many times, being subcontract by other companies to do the job? Ms. Conway: Yes, with a few caveats. Subcontracting is very typical, and I also think we have the option of including mandates within our contracts that require -- and it'll be on a contract -by -contract basis -- of requiring a certain percentage employment of local -- of f rms within the City of Miami, but not taking away the competition on the overall contract, so we can address establishing a percentage on a contract -by -contract basis for usage of City of Miami firms, of employment of skilled/unskilled laborers within the City of Miami, of the minority or disadvantaged businesses, and we are going to include those types of provisions in all future contracts. Chairman Sanchez: I am very sympathetic to your argument and positions that you're taking in the administration because, at the end of the day, we want to make sure that the jobs are done on time because when they don't, we're the ones that carry the burden and then, of course, when we carry the burden, the administration carries the burden. Commissioner Allen: Right. Chairman Sanchez: What I would like to do here -- and I'm just going to make a recommendation -- is that if we could amend this to a one-year, with an option to go to two years Commissioner Allen: Right. That's -- Chairman Sanchez: -- if it works -- Because let's say it doesn't work, then we open ourselves for a two-year gap where local companies are not going to have an opportunity, and you know, there's an argument on both sides because one could say, look, we're trying to attract businesses to the City to come to the City and open up shop in the City. They pay taxes; they employ. I am very happy to see that we have a first source and we're putting language in to protect the workers of the City of Miami, but let's leave the door open to where if it's not working, and we continue to have the same problems, then, you know, we'll say, hey, one year it stops and we figure out another way than staying two years, so I will like to amend this ordinance -- and it's on first reading. It'll come back and change it in second reading. -- to a year with an option to extend for another year, if the process is working. City of Miami Page 102 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Allen.: Right. Mr. -- Ms. Conway: We would have absolutely no objection to that. Commissioner Allen: Mr. Chairman, if I may weigh in -- Chairman Sanchez: Sure. Commissioner Allen: -- if you will, please? Because, frankly, you took the words right out of my mouth. I was thinking of probably are we going to request a compromise because I'm concerned that -- and I say this for the fellow Commissioners, as well -- that we do not begin to set a precedent here or a custom in trade whereby we begin to adopt a policy that we would just simply waive, you know, this issue of local preference to vendors. Notwithstanding, is it only deals with this particular market, the CIP and the small projects, 1 don't want this to begin to set a trend in other markets relative to providing -- service providers that are providing services to the City, because I'm a little concerned there. Ms. Conway: Sure. Commissioner Allen: OK, because you can begin to establish a custom in trade, and before you know it -- Ms. Conway: And -- Commissioner Allen: -- every other vendor out there is going to make the argument that, "You guys done this before," and on and on and on. Ms. Conway.: Sure, and not only would we have no objection to that, but for instance, when we - - when the Commission -- when we brought before you the piggyback on the Weekly Asphalt contract -- Commissioner Allen.: Right. Ms. Conway: -- we sat down and met with Weekly Asphalt subsequent to talk about task assignments. These vendors are very willing to address local employment, use of local firms. They want to have a successful business partnership with the City of Miami, and they are very willing to partner with us. We just need to establish the criteria on a contract -by -contract basis, based on the specific type of work and the availability of local firms and a local labor pool who can meet the specific requirements, and one year is fine with a one-year option, and the burden's on us to put together reports and be able to come back before you -- Chairman Sanchez: Exaclty. Ms. Conway.: -- and show our progress. Chairman Sanchez: And we could revisit it, make sure that they are hiring first sources, and they're doing what they need to be doing, so as the maker of the motion -- would the maker of the motion accept an amendment -- Commissioner Allen: I believe, Commissioner Winton -- Chairman Sanchez: -- for a one-year, with an option to extend to two years, if the process works? Because, you know, your arguments are very valid. City of Miami Page 103 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Allen: Well -- Chairman Sanchez: I mean, they're very valid. Commissioner Allen: Mr. Chairman, you -- in reference to your motion, you said with an option to extend it for two years. Can we just go one year and then revisit it -- Chairman Sanchez: Absolutely. Commissioner Allen: -- thereafter, as opposed to committing to an additional two-year option -- Chairman Sanchez: Perfect. Commissioner Allen: -- based on your motion? Chairman Sanchez: I'm not -- I'm just asking the maker of the motion to accept that. Who was the maker of the motion? Ms. Thompson: Allen. Commissioner Winton: 1 don't know. Not me. Ms. Thompson: Commissioner Allen. Chairman Sanchez: 1 believe it was -- Madam Clerk. Ms. Thompson: Commissioner Allen. Chairman Sanchez: Commissioner Allen, do you -- Commissioner Allen: Yeah. Chairman Sanchez: -- amend -- you're the maker of the motion. Would you amend it? Commissioner Allen: Yes. I would like to amend the motion to reflect -- but before 1 do that, I do believe Commissioner Winton wanted to weigh in before I make the motion. Commissioner Winton: Yeah. Chairman Sanchez: Commissioner Winton, 1 apologize. You're recognized. Commissioner Winton: No problem. Two different things, and Commissioner Allen gave me a new thought when you spoke last, and that is on the 10 percent and this whole issue leaking into other issues -- other areas of the City -- Commissioner Allen: City. Commissioner Winton: -- where there are contracts, but it dawns on me that -- I don't know where the 10 percent came from. Maybe 10 percent isn't the right number in any of these contracts. Maybe it should be five percent. Maybe it should be seven percent. I don't know, but it seems to me that in order to make the incentive work, it needs to be the right number, and maybe staff needs to revisit it, but I don't want to get into that. Commissioner Sanchez talked about doing this for one year and we look at the performance, and if you're going to look at performance -- I wasn't going to say this, but since you got to that point, you have no choice but to say it. This is all quantifiable. The data has already existed, even as it relates to where we City of Miami Page 104 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 are right now, and we don't have any data in front of us, and we should have because this was totally quantifiable. It would have made your argument a lot easier, a lot simpler if you'd have brought the data upfront, saying here's the number of contracts we've issued. Here's the number of local contractors. Here's the number of them that were really nothing more than a shell company that is assigning their contract. Here's the number of them that are real local vendors that are trying to do the job but can't; totally quantifiable, but that wasn't done. You do have to do that if we're going to measure performance, though. Ms. Conway: We will. Commissioner Winton: So you are going to have to create the right kind of reporting mechanism to measure how well this system's working so that, a year from now, we're going to be able to look back and determine whether this needs additional modification, or whether it's worked beautifully, or whatever the case is, but you've got to start collecting the data now. Commissioner Allen: Right. Ms. Conway: And a slightly different approach, our expectation is that we will come back before you much sooner than a year from now with recommendations, specific recommendations and guidelines that don't affect the competitive bidding of the overall contract, but include mandates within the contract regarding use of local companies, disadvantaged and minority businesses, as well as local employment. Commissioner Winton: But I think that -- I'm not sure that I made my point clearly -- Commissioner Allen: Yeah. Commissioner Winton: -- or that you got my point. If you're going to measure performance, it has to be against some standard. Commissioner Allen: Exactly. Commissioner Winton: The standard that it's going to be measured against is what we're considering today to be a failure, right? That's the only measure you can have. You can't measure it against just this year's performance because that isn't a baseline. Commissioner Allen: Right. Commissioner Winton: The baseline's going to be historical. Commissioner Allen: Right. Commissioner Winton: What you guys are saying is the last two years. Commissioner Allen: Right. Commissioner Winton: So you're going to have to go back and do what I was suggesting -- Commissioner Allen: Right. Commissioner Winton: -- a minute ago. You've got to gather the data relative to the number of contractors that'll fit whatever -- Commissioner Allen: Right. City of Miami Page 105 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Winton: -- segment you're talking about for the past two years. That becomes your baseline that you're going to measure the future against. Commissioner Allen: Right. Commissioner Winton: Otherwise, we're just kind of going (UNINTELLIGIBLE). Commissioner Allen: Right. If I may, I certainly agree with Commissioner Winton. If you will, you need to establish some sort of regression analysis; some sort of as you said, quantifiable measure with empirical evidence, so having said that, if I were to rework this -- this is an ordinance. This is first reading, correct? Yes. To amend it to reflect that the sunsetting date would be one year, with the caveat that there will be some quantifiable measure attached with this, with empirical data to substantiate extending it another year, if you will. Chairman Sanchez: To support the extension -- Commissioner Allen: Support, right. Chairman Sanchez: -- of another year. Commissioner Allen: Some sort of regression analysis, if you will, or quantifiable measures with empirical data and evidence. Ms. Conway.: OK. Commissioner Allen: OK? Chairman Sanchez: All right. Any further -- Commissioner Allen: Does that make sense? Does that make sense? Commissioner Regalado: One question. Chairman Sanchez: Commissioner Regalado -- Commissioner Allen: I tried to stay as layman as -- Chairman Sanchez: -- and then Vice Chairman Gonzalez. Commissioner Allen: I tried to stay in layman terms as much as possible, but I did incorporate technical -- Commissioner Winton: Regression analysis? I don't know what layman or regression analysis. Commissioner Allen: Well, that's -- I'm sure you understand that, Mary, right? Chairman Sanchez: Commissioner Regalado, then Vice Chairman Gonzalez. Commissioner Regalado: Excuse me, my lack of information on this one, but do the other municipalities or the County have a -- any local preference? Ms. Conway: Glenn. I'm going to defer to Glenn. To my knowledge, no. There are issues that deal with -- Commissioner Winton: Who would the County consider local? City of Miami Page 106 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Ms. Conway: -- disadvantaged business, but local preference where someone can match a bid, not that I'm aware of. Mr. Arriola: 1 don't know any particular city. You know, there's so many of them, but the County doesn't have it, if that's what you're asking, and I don't know any large -- Commissioner Winton: Who would they consider local? Mr. Arriola: -- municipality, so I won't make a statement for any municipality because there's a whole bunch of little ones out there, but Hialeah doesn't have it. Does that make any sense? Dade County doesn't have it. The Beach doesn't have it, but there could be a, you know, tiny little there, so the big ones don't have it. How's that sound? Glenn Marcos: Glenn Marcos, Purchasing Director. Chairman Sanchez: All right. Mr. Marcos: As far as my professional experience, there are some municipalities across Dade County that does have local preference -- Commissioner Allen: Right. Mr. Marcos: -- except for the fact that the way it works is that you would award the actual local vendor the actual bid at the higher price, or the higher bid. Commissioner Winton: Huh? Commissioner Allen: So -- wait, wait, wait. Wait. Commissioner Winton: I didn't understand that at all. Commissioner Allen: What you're saying, it's -- that's sort of an oxymoron. If I may, so what you're saying, in effect, the city will -- based on your example, the city will accept a higher bid, not the lowest bid, and that -- by accepting that higher bid, it's going to be largely based on the local preference element? Mr. Marcos: It's based upon a local preference, but you're actually putting a burden on the actual taxpayers, so what you're seeing is there is a trend that -- Commissioner Allen: Right. Mr. Marcos: -- you have municipalities -- Commissioner Winton: A trend? Mr. Marcos: -- doing away with the local preference. Commissioner Allen: But would you agree that that's a good trade-off? Because we've got to employ people locally. We've got to create industries and market opportunities for local vendors Commissioner Winton: Not by paying higher prices. Mr. Arriola: Before you guys get confused -- guys, before you -- he said some municipalities out City of Miami Page 107 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 there, and that's why I brought this thing. There are little municipalities out there that, in most of the cases -- it's kind of embarrassing because they have one business -- municipality may have one or two businesses and they're giving the local preference at the higher price. What I said clearly, Dade County doesn't have it, or a municipality our size, or even half our size, or even a third of our size, don't have it. There might be that one municipality might have 10,000 residents and two businesses, and they'll say, OK, we'll give it to that business because they're here, but -- Commissioner Allen: Right. Mr. Arriola: -- you'll -- and they'll even give them a higher bid. Commissioner Allen: Right. Mr. Arriola: But most of the times -- Commissioner Allen: But you're not -- Mr. Arriola: -- our size don't have it. Commissioner Allen: -- suggesting that we should just simply, you know, follow lockstep what the County does. Mr. Arriola: No, no. I don't -- Commissioner Allen: OK. I just -- Mr. Arriola: -- like anything the County does, no, no, no. Commissioner Allen: Right, OK. Mr. Arriola: No, but what I'm saying is -- Chairman Sanchez: All right. Commissioner Allen: All right. Mr. Arriola: -- when he brought that up, it kind of scares me. Chairman Sanchez: All right. Commissioner Allen: OK. Chairman Sanchez: Listen, there's been plenty -- Commissioner Allen: Yeah. Chairman Sanchez: -- of discussion on this. There is a motion that was amended by the maker of the motion and accepted by the second. Vice Chairman Gonzalez: I second it, as amended. Chairman Sanchez: OK, as amended. It is an ordinance. It requires public hearing. Anyone from the public wishing to address this item, please step forward. Seeing none, hearing none -- Commissioner Allen: Oh, I think we have someone -- City of Miami Page 108 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Sanchez: Well, we do. Commissioner Allen: -- Mr. Chairperson. Charles Cutler: Charles Cutler. My concern is the same as Commissioner Allen. With the unemployment rate in this area, I think that, even with the -- with all of the federal dollars that's coming in this area, I don't think that we should mandate things the way that the County do it through their ordinances, but I do think that all the employers, anybody that's doing business with the City should be encouraged to hire the residents. Chairman Sanchez: Thank you, sir. Point well taken. OK The public hearing is closed, and it is an ordinance. Mr. City Attorney, read the ordinance into the record, and then Madam Clerk, roll call for a vote. The ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Roll call. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes. Ms. Thompson: Commissioner Allen? Commissioner Allen: After hearing the rationale, yes. Ms. Thompson: And Chairman Sanchez? Chairman Sanchez: Yes. Ms. Thompson: The ordinance has been passed on first reading, 4/1. City of Miami Page 109 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 RESOLUTIONS RE.1 04-01426 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND RATIFYING THE BAYFRONT PARK MANAGEMENT TRUST EXECUTIVE DIRECTOR'S EXECUTION OF A COMPROMISE, SETTLEMENT AND RELEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH RACEWORKS, LLC, FOR THE SETTLEMENT OF ALL OUTSTANDING FINANCIAL OBLIGATIONS ASSOCIATED WITH THE TICKETS SOLD AT THE GRAND PRIX AMERICAS HELD IN DOWNTOWN MIAMI, SEPTEMBER 26-28, 2003. 04-01426-exh ib it. pdf 04-01426-resolution. pdf 04-01426-certifi cate. pdf 04-01426-amendment.pdf 04-01426-RLA.pdf 04-01426-memo.pdf 04-01426-pre resolution.pdf 04-01426-safety approval form.pdf 04-01426-Iette r. pdf 04-01426-cover memo.pdf Motion by Commissioner Winton, seconded by Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0037 Chairman Sanchez: We got to RE.1. It's a resolution. That's just a simple resolution. Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. Is there a second? If not, I will pass the gavel and 1 will second for the purpose of discussion, and basically, the bottom line here is that, as you know, Raceworks, LLC will be filing Chapter 11, and therefore, as we say, we're better off getting as much as we can before it falls in legal matters where we'll be getting pennies to a dollar. It's just good business sense, and that's the reason why I'm supporting this item. Vice Chairman Gonzalez: All right. We have a motion. Do we have a second? We have a second also. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Allen: Right, OK. Commissioner Winton: And by the way -- Commissioner Allen: This is -- RE.2 04-01433 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE City of Miami Page 110 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 03-04-028, THAT THE FIRMS MOST QUALIFIED TO PROVIDE A MASTER PLAN FOR VIRGINIA KEY, IN RANK ORDER, ARE: (1) EDSA; (2) SPILLIS CANDELA DMJM; AND (3) WALLACE, ROBERTS & TODD, LLC; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH EDSA, THE TOP -RANKED FIRM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM, SHOULD NEGOTIATIONS FAIL WITH THE TOP -RANKED FIRM, OR UNTIL A CONTRACT HAS BEEN SUCCESSFULLY NEGOTIATED; DIRECTING THAT THE NEGOTIATED AGREEMENT BE PRESENTED TO THE CITY COMMISSION FOR CONSIDERATION. 04-01433-summary form.pdf 04-01433-memo.pdf 04-01433-summary sheet.pdf 04-01433-resolution.pdf Motion by Commissioner Winton, 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-05-0038 Chairman Sanchez: OK. RE.2. RE.2 is the companion item of RE. 3, and it's basically hire a firm to do the Virginia Key master plan. Need a motion. Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. Is there a second? Commissioner Allen: Second, second. Chairman Sanchez: Second by Commissioner Allen. Open for discussion. Commissioner Allen: Yes. Quick discussion. Could we have -- Chairman Sanchez: Commissioner Allen, you're recognized for the purpose of discussion. Commissioner Allen: Quickly, if you could, please. This is concerning the -- you said this is a companion item, as 1 looked at -- concerning a master plan for Virginia Key, correct? Glenn Marcos (Director, Purchasing): Yes, sir. Commissioner Allen: Right. Commissioner Winton: For the entire island. Commissioner Allen: Right. All right. I'm fine. Chairman Sanchez: Are you OK? Commissioner Allen: Yeah, right. City of Miami Page 111 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Sanchez: Are you OK with that -- Commissioner Allen: Yes. Chairman Sanchez: -- Commissioner Allen? All right. It's a resolution. 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." Motion carries unanimously. Item RE.2 is a companion item to Item RE.3 RE.3 04-01402 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE THE VIRGINIA KEY MASTER PLAN JOINT PARTICIPATION AGREEMENT ("JPA"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN MIAMI-DADE COUNTY ("COUNTY") AND THE CITY OF MIAMI FOR THE PURPOSES STATED HEREIN; ACCEPTING A CONTRIBUTION OF EIGHTY-FIVE THOUSAND DOLLARS ($85,000), FROM THE COUNTY FOR THE PREPARATION OF THE MASTER PLAN, BASED ON THE TERMS AND CONDITIONS SET FORTH IN THE JPA. 04-01402-exhibit A.pdf 04-01402-exhibit B.pdf 04-01402-resolution. pdf 04-01402-summary form.pdf Motion by Commissioner Winton, 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-05-0039 Chairman Sanchez: We move over to RE.3. It's also a resolution. RE.3 is a companion to Item Number 2, and it basically just accepts the County -- Commissioner Winton: I'll move. Commissioner Allen: Right. Chairman Sanchez: -- money to pay for part of the Virginia Key master plan. Commissioner Allen: Right. Commissioner Winton: So move. Commissioner Allen: I second. Chairman Sanchez: OK, but the City maintains the control, correct? Unidentified Speaker: Yes. City of Miami Page 112 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Sanchez: All right. Commissioner Allen: Yeah. Chairman Sanchez: There's a motion by Commissioner Winton, second by Commissioner Allen. Commissioner Allen: I'll second for a quick discussion. Chairman Sanchez: For discussion. Commissioner Allen, you're recognized. Commissioner Allen: With respect to this contribution, who's going to take the lead role in this joint participation agreement? Enrique Nunez (Planner II, Planning Department): Yes. This -- Commissioner Allen: I'm just -- yeah. Mr. Nunez: These monies are -- Commissioner Winton: Name. Mr. Nunez: -- so the County can participate -- Commissioner Allen: Sorry. Your name? Chairman Sanchez: Sir, you need to state your name for the record. Mr. Nunez: Yes. My name is Enrique Nunez, Planning Department. This $85, 000 is -- Commissioner Allen: OK. It's just the -- Mr. Nunez.: -- for partici -- for the County's participation in the master plan process. In addition, I'd like to add that we have received a $50, 000 grant in addition to it from the state of Florida for this -- Commissioner Winton: He wants to know who's taking the lead on the master plan. Commissioner Allen: Yeah. Mr. Nunez: The City of Miami will be taking the lead -- Commissioner Allen: Taking the lead, right. Commissioner Winton: (UNINTELLIGIBLE). Mr. Nunez: -- in this process. Commissioner Allen: Right, so that financial contribution doesn't give them any equity to the standpoint that they can overrule what -- Commissioner Winton: No. Alicia Cuervo Schreiber (Chief of Operations): No. City of Miami Page 113 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Allen: -- the City of Miami -- OK, great. Ms. Cuervo Schreiber: Commissioner, Alicia Cuervo Schreiber. The County wanted to participate in this because since they have so many events on the Key as it relates to NASDAQ. Commissioner Allen: Right. Ms. Cuervo Schreiber: -- et cetera, they wanted to make sure that the City of Miami looked at egress and ingress and parking on the facility. Commissioner Allen: See, one of my concerns is this is not going to slow down the process, right Ms. Cuervo Schreiber: Absolutely not. Commissioner Allen: -- of getting things complete? I mean -- Ms. Cuervo Schreiber: No. Commissioner Allen: OK. Commissioner Winton: And by the way, we want the County's involvement. Commissioner Allen: Yeah. Commissioner Winton: We have to have Key Biscayne's involvement -- Commissioner Allen: Exactly. Commissioner Winton: -- in order to make this successful, and frankly, as far as I'm concerned, the end result is -- should be Key Biscayne -- Virginia Key -- Commissioner Allen.: Virginia Key. Commissioner Winton: -- has an opportunity to be maybe, outside of Central Park, the most unique and exciting regional park in the entire United States, if we do this thing right. That's going to take money. The County needs to come to the table with money also because this will truly be a regional park It won't be just a City of Miami thing. Commissioner Allen: Great. Ms. Cuervo Schreiber: And we're happy to say that Key Biscayne, the Trust and Miami -Dade County participated in this selection. Commissioner Allen: In the master plan, right. Ms. Cuervo Schreiber: Yes. Commissioner Allen: Any timeline, quickly? Ms. Cuervo Schreiber: We will now, with this award, begin the negotiations and the final scope. Well bring it back to you probably in about a month and a half to two months, and the schedule should take anywhere between 12 to 18 months, correct? Commissioner Winton: Well, if -- City of Miami Page 114 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Allen: Good. Commissioner Winton: -- the master plan for Bicentennial Park is any indication, we're going to get it back less than six months. I think -- didn't the selection committee choose the number one candidate for Bicentennial Park, you know, back in the early fall or late summer? Ms. Cuervo Schreiber: Actually, that is -- that's being finalized now. Some of the issues dealt with the GOB (General Obligation Bond) money and the two museums and the involvement of a master scope analyzing their floor plan versus just having a City park, so we needed to wait for the passing of the GOB and the direction from the County, so that did take longer, but we are pretty much wrapping it up. Commissioner Allen: OK. Chairman Sanchez: All right. Any further questions 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." Motion carries. Item RE.3 is a companion item to Item RE.2 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. APPOINTEE: NOMINATED BY: Chairman Joe Sanchez 03-0234-memo-1.doc 03-0234-members-2. pdf DEFERRED Chairman Sanchez: (INAUDIBLE). 2:30. All right. We have the attorney or Assistant City Attorney, and now we need the Manager, or someone representing the City Manager's Office, OK. Well, I'll tell you what, the meeting is called to order. We scheduled it for 2:30. We need to start getting back here on time. If the City Clerk made it back on time, we could all make it back on time. All right. Vice Chairman Gonzalez: All right. Chairman Sanchez: So we'll go ahead and let's start with the board appointments. We'll get that out of the way, and then there were some CA (Consent Agenda) items that were pulled for discussion. Those we'll address later on, when the Commissioners start coming in, and just the items that are still pending: 1 believe it's CA.12, CA.15, FR.1, that was deferred to have a full City of Miami Page 115 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commission board meeting, BC.1 through 12 and I believe DI.3, Madam Clerk; is that correct? All right. Priscilla A. Thompson (City Clerk): That's correct. Chairman Sanchez: Let's go ahead and start with the appointees of the boards. Let's go ahead and go with Commissioner Allen on the first board appointment. Ms. Thompson: Actually, BC.1 -- Commissioner Allen: Chair -- Ms. Thompson: -- would be yours, sir. Chairman Sanchez: Would be mine? I will -- Vice Chairman Gonzalez: What, are they having a party upstairs or what? Chairman Sanchez: I will be very honest with you. It's getting harder and harder to get people to serve on these boards, especially those that are committed to serve on these boards, and that's why I continue to support streamlining and doing away with some of these boards that are just create more bureaucracy in this City, so once again, I will defer this appointment to this board I believe it's -- I've deferred it several times, but I just can't get anybody who's willing to commit themselves to this board, so I'll defer on the Miami Street Codesignation Review Committee. I will defer that appointment. 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: Miguel Seco Vice Chairman Angel Gonzalez Luis Penelas Commissioner Tomas Regalado 04-01098-memo-1 .doc 04-01098-members-2. pdf 04-01098-applications-3.pdf 04-01098-penelas-4.htm 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-05-0045 A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to waive the employment prohibition contained in Section 2-884(e) of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, and the term limits of Section 2-885(b) of the Code of the City of Miami, as City of Miami Page 116 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 amended, by a fifths/fifths (5/5) vote of the members of the City Commission, as it relates to Miguel Seco as a member of the Historic and Environmental Preservation Board. A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, to waive the residency requirements in Section 2-884(a) of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Luis Penelas as a member of the Historic Environmental Preservation Board. Chairman Sanchez: We go to BC.2. I believe that Vice Chairman Gonzalez has an appointment; Commissioner Allen has two appointments. Vice Chairman Gonzalez: Yes, Mr. Chairman. I proffer Mr. Miguel Seco for this appointment. Chairman Sanchez: OK. Why don't we do something. Let's just appoint your appointments and we'll vote all of them in, unless there's an objection to an appointment. Madam Clerk. Commissioner Allen: Right. If I could, Mr. -- I'm sorry. Mr. Chairman, as well as Madam Clerk, if this can expedite matters, I'm going to defer all of my appointments, with the exception of one. I am prepared to make one board appointment today -- Chairman Sanchez: OK. Commissioner Allen.: -- with respect to the Miami Sports and Exhibition Authority. Chairman Sanchez: OK. Point well taken. All right. Let's do something. Madam Clerk, would it simpl if each Commissioner makes an appointment and then we vote on it all together? Priscilla A. Thompson (City Clerk): That would make it much easier. Commissioner Allen.: OK. Chairman Sanchez: OK. Commissioner -- Ms. Thompson: And then -- if I can -- Chairman Sanchez: Yes. Ms. Thompson: -- we will also have some instances when individuals will need -- Chairman Sanchez: Waivers. Ms. Thompson: -- either -- exactly. Chairman Sanchez: And you'll appoint -- you'll let us know when there's waivers? Ms. Thompson: Yes. Chairman Sanchez: OK. Commissioner -- Vice Chairman Gonzalez, on the appointment to the Historic and Environment Preservation Board. Vice Chairman Gonzalez: Miguel Seco. Chairman Sanchez: OK. That is your appointment. City of Miami Page 117 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Ms. Thompson: And he will need a waiver -- Chairman Sanchez: He will need a waiver. Ms. Thompson: -- of employment, and also a term waiver, and a term waiver, you need five votes. Chairman Sanchez: All right, so we'll get back to that. See, it complicates the whole process. Vice Chairman Gonzalez.: Yeah, we got the five votes already here. Chairman Sanchez: OK. We have the five votes. OK Let's go ahead and do -- let's do one vote with everything on it. Let's appoint him. Let's waive both the term limit and the -- Ms. Thompson: Employment. He's -- his is his employment. Chairman Sanchez: OK. An appointment to waive -- appointment and waive both of the requirements. The motion is being made by Vice Chairman Gonzalez. Is there a second? Commissioner Regalado: I'll second but I have an appointment. Chairman Sanchez: OK, but let's do one because it's complicated When you have these waivers, it gets complicated. Commissioner Regalado seconds the motion. It is open for discussion. No discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." OK. The individual has been appointed with the waivers. Commissioner Regalado. Commissioner Regalado: Luis Penelas, but needs a residency waiver. Ms. Thompson: Correct. Chairman Sanchez: He lives in the City. Commissioner Regalado: No, he moved because he couldn't pay the taxes. Chairman Sanchez: All right. There is a motion by Commissioner Regalado to appoint Luis Penelas, with the waiver of residency. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. Commissioner Regalado: Historic and Preservation Board. Ms. Thompson: BC.2. Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." And do I have any appointment on that? City of Miami Page 118 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Ms. Thompson: No, sir. Chairman Sanchez: I do not. 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: Maria Mascarenas Commissioner Johnny Winton Allyson Warren Commissioner Tomas Regalado Pauline Ramos Vice Chairman Angel Gonzalez Constance Johnson Vice Chairman Angel Gonzalez Gepsie M. Metellus Mayor Manuel Diaz 04-01200-memo-1.doc 04-01200-MEMBERS-2.doc Motion by Commissioner Regalado, 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-05-0046 A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to reappoint Constance Johnson and Pauline Ramos as members of the Commission on the Status of Women; further waiving the term limits of Section 2-885(b) of the Code of the City of Miami, as amended, by a unanimous (5/5) vote of the members of the City Commission, as it relates to Pauline Ramos as a member of the Commission on the Status of Women. A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, to appoint Maria Mascarenas, with a waiver of the residency requirement, as a member of the Commission on the Status of Women. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, to reappoint Allyson Warren as a member of the Commission on the Status of Women. Chairman Sanchez: OK. We move on to -- Vice Chairman Gonzalez: Commission -- Chairman Sanchez: -- BC.3, Commission on the Status of Women. All right. I will defer both of my appointments. Commissioner Allen is going to defer his appointment. Commissioner -- Vice City of Miami Page 119 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Gonzalez. Vice Chairman Gonzalez: I will reappoint Pauline Ramos, and I need to have a waiver for the two consecutive terms, and also reappoint Constance Johnson. Chairman Sanchez: OK Vice Chairman Gonzalez reappoints, with the waivers, as to where they apply. Vice Chairman Gonzalez: Right. Chairman Sanchez: The motion is made by Vice Chairman Gonzalez. Is there a second? Commissioner Winton: Second. Chairman Sanchez: Second by Commissioner Winton. It is open for discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The motion carries. Any other appointments -- Commissioner Winton: Yes. Chairman Sanchez: -- from any other Commissioners on the Commission of the Status of Women? Commissioner Winton: I do. Chairman Sanchez: Commissioner Winton, you're recognized. Commissioner Winton: Maria Mascarenas. Chairman Sanchez: There's a motion to appoint Maria Mascarenas. Does she need any waivers? Commissioner Winton: Oh, she needs residency because she lives in Broward. Chairman Sanchez: All right. Commissioner Regalado: Second. Chairman Sanchez: There's a motion and a second for appointment and waiver of all the necessary waivers. Any further discussion on the item? Commissioner Winton made the motion and Commissioner Regalado second it. Open for the purpose of discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. Any other appointment? Commissioner Regalado: Yes. Allyson Warren. I'm deferring one appointment. Chairman Sanchez: OK. Commissioner Regalado appoints Allyson -- City of Miami Page 120 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Winton: Second. Chairman Sanchez: -- Warren. There's a second. Does she need -- I don't think she needs any of the -- Commissioner Regalado: No. Chairman Sanchez: OK, just an appointment with 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." Any further appointments on the Commission of the Status of Women? 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: Bret Cocking Vice Chairman Angel Gonzalez Luis Mata Mayor Manuel Diaz 04-01 201-memo-1 .doc 04-01 201-members-2.doc 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-05-0047 A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Bret Cocking as a member of the Community Technology Advisory Board; further waiving the residency requirements in Section 2-884(a) of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Bret Cocking as a member of the Community Technology Advisory Board. A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to reappoint Luis Mata, as a member of the Community Technology Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to past absences on record for Luis Mata as a member of the Community Technology Advisory Board. City of Miami Page 121 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Sanchez: Hearing none, we go to BC.4, which is the Technology Advisory Board -- Community Technology Advisory Board. I believe that the appointments that are needed are from Vice Chairman Gonzalez, Commissioner Allen, and I believe the Mayor. Commissioner Winton: And me. Chairman Sanchez: No. Commissioner Winton: No? Priscilla A. Thompson (City Clerk): No. Chairman Sanchez: No, you do not. All right. Vice Chairman Gonzalez: Yeah. 1 will -- Commissioner Winton: Oh, OK, sorry. Vice Chairman Gonzalez: -- proffer Bret Cocking, and he needs a waiver -- Chairman Sanchez: OK. Vice Chairman Gonzalez: -- for residency. Chairman Sanchez: There is a motion for -- I didn't get his name. Vice Chairman Gonzalez.: Bret Cocking. Chairman Sanchez: Bret Cocking, appoint -- Commissioner Regalado: Second. Chairman Sanchez: Does she need -- does he need a waiver? Vice Chairman Gonzalez: Yes, he does. Commissioner Regalado: Second. Chairman Sanchez: He also needs a waiver. Vice Chairman Gonzalez: Residence. Chairman Sanchez: With a waiver. Second by Commissioner Regalado. It is open for discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Any other appointment? I believe that Commissioner Allen has deferred. Commissioner Allen: Right. Chairman Sanchez: And I believe the Mayor does not have an appointment at this time, so we'll defer -- City of Miami Page 122 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Ms. Thompson: Excuse me. I'm sorry, Chair. With the Mayor's appointment, he made an appointment, but the individual needs an attendance waiver, a four -fifths vote for his -- waive his attendance. Chairman Sanchez: All right. Is there a motion for the waiver? Vice Chairman Gonzalez: I'll move to waive the attendance. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez to waive the attendance. Is there a second? Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. It's 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." The waiver has been approved. BC.5 04-01202 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Robert Behar Chairman Joe Sanchez 04-01202-memo-1 .doc 04-01202-members-2.doc 04-01202 - applications - 3.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-05-0048 A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, to appoint Robert Behar as a member of the Urban Development Review Board replacing Richard Arango. Chairman Sanchez: We move on to BC.5, which is the Urban Development Review Board, and Commissioner Allen has -- will defer his appointments? Commissioner Allen: That's correct, Mr. Chairman, for the moment. Chairman Sanchez: I am next, and I would like to appoint Robert Behar and defer my second City of Miami Page 123 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 appointment. So move. Commissioner Regalado: I'll move to -- Vice Chairman Gonzalez: Second. Commissioner Regalado: -- on behalf of the Chairman, to appoint Robert Behar and defer the second appointment. Vice Chairman Gonzalez: I'll second it. Chairman Sanchez: OK, so the appointment has been made by Commissioner Regalado and second by the Vice Chair. Madam Clerk. Priscilla A. Thompson (City Clerk): Excuse me, Chair. I just wanted to know which of your former individuals will you be replacing? Is it Richard or -- Chairman Sanchez: Robert Behar will be replacing Richard Arango. Ms. Thompson: Thank you. Chairman Sanchez: OK. All in favor, say "aye." Chairman Sanchez: Anyone in opposition, having the same right, say "nay" BC.6 04-01338 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Johnny Winton 04-01338-memo-1 .doc 04-01338-members-2. d oc 04-01338-opinion-3.pdf 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-05-0049 Chairman Sanchez: We move on to BC.6, which is the Health Facility Authority Board, for a term -- OK, the -- that's the Health Facility Authority Board. I believe the only Commissioner having an appointment to that is Commissioner Winton. Commissioner Winton. Commissioner Winton: Priscilla Greenfield. Chairman Sanchez: OK. There's a motion. Commissioner Regalado: Second. City of Miami Page 124 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Sanchez: There's a second. 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. BC.7 04-01341 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Angel Gonzalez Vice Chairman Angel Gonzalez Eli Feinberg Vice Chairman Angel Gonzalez Sam Gentry Commissioner Johnny Winton Thomasina Williams Commissioner Johnny Winton Diego Garcia Chairman Joe Sanchez Maritza Gutierrez Commissioner Tomas Regalado Tomas Regalado Commissioner Tomas Regalado John Harris Commissioner Jeffery Allen Bob Beamon Commissioner Jeffery Allen 04-01341-memo-1 .doc 04-013341-members-2.doc Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0050 A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Gonzalez absent, to appoint John Harris, Bob Beamon, Eli Feinberg, Commissioner Gonzalez, Maritza Gutierrez, Commissioner Regalado, Sam Gentry, Thomasina Williams and Diego Garcia as a member of the Miami Sports and Exhibition Authority (MSEA); further waiving the term limits of Section 2-885(b) of the Code of the City of Miami, as amended, by a unanimous (5/5) vote of the members of the City Commission, as it relates to Eli Feinberg as a member of MSEA; further waiving the elector requirements in Section 2-1013(b) of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Maritza Gutierrez as a member of MSEA; and further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to past absences on record for Sam Gentry as a member of MSEA. City of Miami Page 125 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Sanchez: We move on to BC. 7. BC. 7 is MSEA (Miami Sports and Exhibition Authority), and I believe there -- Commissioner Allen: Yeah. Chairman Sanchez: -- are certain appointments. We'll start with Commissioner Allen. Commissioner Allen, you're recognized for an appointment. Commissioner Allen: Yes. Thank you, Mr. Chairman. I would like to nominate and appoint John Harris, retaining Bob Beamon as one of the previous board members appointed by the former Commissioner. Chairman Sanchez: Does any of the individuals need a waiver? Commissioner Allen: I would ask Ms. City Clerk The individual does, in fact, work in the City of Miami. However, he lives just outside the bounds of the City of Miami. As I understand it, my staff has briefed me it's a "or" type of element. It's either work or reside in the City. Priscilla A. Thompson (City Clerk): And there's no prob -- there's no problem. Chairman Sanchez: OK. Commissioner Allen: OK, so the -- Chairman Sanchez: Both individuals do not require a waiver. We'll go ahead and go with Angel Gonzalez -- Vice Chairman Angel Gonzalez, do you have an appointment? Vice Chairman Gonzalez: I'll -- yes. I reappoint Eli Feinberg and 1 reappoint myself. Chairman Sanchez: OK. Both -- we'll do everybody together. I don't think both -- neither of you need a requirement [sic]; both of you live in the City. Ms. Thompson: Excuse me, but Mr. Feinberg would need his term waiver. He's -- that requires Vice Chairman Gonzalez: I think that was done a long time ago. Ms. Thompson: -- a unanimous vote of five. I'm sorry? Vice Chairman Gonzalez: But anyway, I'll move it with a waiver. Chairman Sanchez: OK. The motion will be made to accept all waivers, OK. Let's simpldy this process. Let's not complicate it. OK. My appoint -- well, I'!1 be last. Commissioner Regalado, do you have appointments? Commissioner Regalado: Yeah, the same as before. No waiver needed. Chairman Sanchez: Names. Commissioner Regalado: Myself and Ms. Gutierrez. Chairman Sanchez: OK. Commissioner Regalado: Maritza Gutierrez. City of Miami Page 126 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Sanchez: Maritza Gutierrez -- Commissioner Regalado: Commissioner Regalado. Chairman Sanchez: -- and Commissioner Regalado. Ms. Thompson: With the waiver. Chairman Sanchez: Commissioner Winton. Commissioner Winton: You know, I think Eli's going to -- I think -- you know, he said he's going to outlast us. I think it's going to work. Commissioner Regalado: He's going to do it. Commissioner Winton: Anyhow, back to business. Sam Gen -- reappoint Sam Gentry and reappoint Thomasina Williams. Chairman Sanchez: All right. I'm going to defer the appointment -- one appointment and I'm going to reappoint Diego Garcia, who does not need any waivers, if I'm not mistaken, so Madam Clerk, all those that have been nominated, to include waivers. Ms. Thompson: Correct. Chairman Sanchez: OK. There's -- we need a motion. Commissioner Winton: So moved. Chairman Sanchez: So moved by Commissioner Winton. Is there a second? Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. Discussion on the item? Hearing none, all in favor, including waivers, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.8 04-01342 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jorge Luis Lopez Vice Chairman Angel Gonzalez Larazo Lopez Vice Chairman Angel Gonzalez Ron Stone Commissioner Johnny Winton Rick Rodriguez Pina Commissioner Johnny Winton City of Miami Page 127 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Theodora Hayes Long Chairman Joe Sanchez Arthur Hertz Chairman Joe Sanchez 04-01342-memo-1.doc 04-01342-MEMBERS-2. d oc 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-05-0051 A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to appoint Ron Stone, Rick Rodriguez Pina, Theodora Long and Arthur Hertz as members of the Orange Bowl Advisory Board; further waiving the elector requirements in Section 53-123 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Arthur Hertz as a member of the Orange Bowl Advisory Board. A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to appoint Jorge Luis Lopez and Lazaro Lopez as members of the Orange Bowl Advisory Board. Chairman Sanchez: We move on to BC.8, which is the Orange Bowl Advisory Board. We'll go ahead and start with Vice Chairman Gonzalez. OK, he's out. We'll come back to him. Commissioner Winton, do you have any appointments or -- Commissioner Winton: Ron Stone and Rick Rodriguez Pina. Chairman Sanchez: OK. Commissioner Regalado: Second. Chairman Sanchez: There -- OK. Well, let's try to get everybody -- to include waivers. Commissioner Winton: Yeah. Chairman Sanchez: OK. Commissioner Regalado. Commissioner Regalado: 1 defer. That's why I second. Chairman Sanchez: Defer? Commissioner Regalado: Yeah. Chairman Sanchez: OK. Commissioner Allen's going to defer also. I will make --1 would reappoint both Theodora Long and Arthur Hertz, and I believe he needs a waiver. Priscilla A. Thompson (City Clerk): That's correct. Chairman Sanchez: So including the waiver, so with those nominations -- tell you what. Why don't we -- All right. Let's vote on these, and we'll get back when Commissioner -- Vice Chairman gets back, we'll allow him the opportunity to make his appointments. Need a motion City of Miami Page 128 Printed on 112712005 City Commission Verbatim Minutes January 13, 2005 for all those names with waivers. Commissioner Winton: So moved Commissioner Regalado: Second. Chairman Sanchez: There's a motion by Commissioner Winton, second by Commissioner Regalado. 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. Let's go back to -- Unidentified Speaker: BC.8. Chairman Sanchez: -- BC.8 and allow -- Vice Chairman Gonzalez: I will -- Chairman Sanchez: -- Vice Chairman the opportunity to appoint. You have two appointees. Vice Chairman Gonzalez: Yes, I will reappoint Jorge Luis Lopez and I will appoint Lazaro Lopez -- Chairman Sanchez: Vice Chairman -- Vice Chairman Gonzalez: -- with the -- Chairman Sanchez: Vice Chairman makes the appointment to include all waivers. Vice Chairman Gonzalez: All waivers. Chairman Sanchez: Is there a second? Need a second. Commissioner Winton: Second Chairman Sanchez: Second by Commissioner Winton. It is open for discussion. Hearing no discussion from the Commission, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.9 04-01343 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE ZONING BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Carlos Martell Vice Chairman Angel Gonzalez Miguel Gabela Vice Chairman Angel Gonzalez City of Miami Page 129 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Joseph Ganguza Juvenal Pina Ileana Hernandez -Acosta Angel Urquiola Charles Garavaglia 04-01343-memo-1.doc 04-01343-members-2. doc 04-01343-Resignation-3.pdf Commissioner Johnny Winton Chairman Joe Sanchez Chairman Joe Sanchez Commissioner Tomas Regalado Commissioner Tomas Regalado 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-05-0052 A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Gonzalez absent, to appoint Angel Urquiola, Charles Garavaglia, Joseph Ganguza, Juvenal Pina and Ileana Hernandez -Acosta as members of the Zoning Board; further waiving the term limits of Section 2-885(b) of the Code of the City of Miami, as amended, by a unanimous (5/5) vote of the members of the City Commission, as it relates to Ileana Hernandez -Acosta as a member of the Zoning Board. A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to reappoint Carlos Martell and Miguel Gabela as members of the Zoning Board. Chairman Sanchez: We move on to Zoning Board, the Zoning Board. Commissioner Regalado. Commissioner Regalado: Angel Urquiola and Charles Garavaglia. Chairman Sanchez: OK. Commissioner Winton. Commissioner Winton: Reappoint Joseph Ganguzza. Chairman Sanchez: OK. I will reappoint both of my appointees to include the waiver of term limits on Ileana Hernandez -Acosta, and we'll come back to Commissioner -- Vice Chairman Gonzalez when he returns. With all those names proffered by the legislative body -- Commissioner Winton: So moved. Chairman Sanchez: -- that are on the table, need a motion. Commissioner Winton: So moved. Chairman Sanchez: Motion by -- Commissioner Regalado: Second. Chairman Sanchez: -- Commissioner Winton, second by Commissioner Regalado to include all City of Miami Page 130 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 waivers. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: All those against, say "nay." Motion carries unanimously. We go to BC.9. Vice Chairman Gonzalez: 9. Chairman Sanchez: Commissioner -- Vice Chairman Gonzalez.: 1'll reappoint Carlos Martell and Miguel Gabela. Commissioner Winton: Second. Chairman Sanchez: OK. There's a motion and a second to include all waivers, if necessary. Open for discussion. Hearing none from the legislative body, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.10 04-01344 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Tamara Gort Vice Chairman Angel Gonzalez Rev. Guillermo Revuelta Vice Chairman Angel Gonzalez Arva Moore Parks McCabe Chairman Joe Sanchez Denis Rod Commissioner Tomas Regalado 04-01344-memo-1 .doc 04-01344- members-2 .doc 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-05-0055 A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Gonzalez absent, to reappoint Denis Rod and Arva Moore Parks McCabe as members of the Planning Advisory Board. Direction to the City Clerk by Commissioner Regalado to reopen the application period for the Planning Advisory Board. A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was City of Miami Page 131 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 passed unanimously, to reappoint Tamara Gort and Rev. Guillermo Revuelta as members of the Planning Advisory Board. Chairman Sanchez: We move on to BC.10. BC.10 is the Planning Advisory Board. On the Planning Advisory Board, we'll go ahead and start with Commissioner Regalado. Commissioner Regalado: OK. One appointment is Denis Rod, Dr. Denis Rod, and the other appointment, Madam City Clerk, do you have any applications on record from Arcenio Millian? Priscilla A. Thompson (City Clerk): No. No, sir. Commissioner Regalado: So we need to reopen that so he can apply. Ms. Thompson: OK. Commissioner Regalado: OK, so one -- Chairman, one appointment, defer the other one. Chairman Sanchez: OK Commissioner Winton. Planning Advisory Board, you have two nominations. Commissioner Winton: No one this go -round. Chairman Sanchez: So you're deferring both of your nominations? Commissioner Winton: Yeah. Well, 1 have one that I want to -- I've got one that's resigning, but I don't have the application in on the one that I want to replace with, so we got to do it at the next meeting. Chairman Sanchez: All right. I would like to reappoint Arva M. Parks, and I don't believe she needs any waivers, does she? Ms. Thompson: No, she doesn't. Chairman Sanchez: No, she does not. A11 those names that have been proffered that are on the table for appointment, need a motion. Commissioner Regalado: Move it. Chairman Sanchez: I'm sorry, Madam Clerk. Ms. Thompson: Are you only then filling one of your two? Chairman Sanchez: Yes, ma'am. I will defer -- the other individual, Dana Manner, is back in school trying to get his law degree, and he has basically stated that he will not be attending, so at this time, I will defer an appointment until I'm able to find someone who's committed to serve on that board. Commissioner Winton: Mr. Chairman, are you still on Planning Advisory Board? Chairman Sanchez: Yes, sir. Ms. Thompson: Yes, yes. Commissioner Winton: Because I'm told that I can make this appointment. Can I make the City of Miami Page 132 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 appointment of Cricket Snow, Madam -- Ms. Thompson: I'm sorry. For whom? Commissioner Winton: Cricket Snow, is that her name? She hasn't applied, right? Ms. Thompson: No. Commissioner Winton: So I can't make that appointment. Ms. Thompson: We don't have any applications. Commissioner Winton: That's what I thought. Ms. Thompson: We haven't gotten any applications. Commissioner Winton: OK, so I can't make that appointment. Never mind. I'm back to where 1 was. Just a little mass confusion over on the sideline here, so I'm done. Chairman Sanchez: OK. We need a motion for all those names that have been proffered. Commissioner Winton: So moved. Chairman Sanchez: Motion by -- Commissioner Regalado: Second. Commissioner Allen: Second. Chairman Sanchez: -- Commissioner Winton, second by Commissioner Regalado. It is open for discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. We go to BC.10. Vice Chairman Gonzalez: I will reappoint Tamara Gort and Reverend William -- Guillermo Revuelta. I'm sorry. Commissioner Winton: Second. Chairman Sanchez: There's a motion and a second to include all waivers, if needed. Motion by the Vice Chair, seconded by Commissioner Winton. Madam Clerk, 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. Vice Chairman Gonzalez: We go to 13. Chairman Sanchez: OK, we go to 13, which is the Civilian Investigative Panel. Priscilla A. Thompson (City Clerk): That was already done. City of Miami Page 133 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Allen: We -- Chairman Sanchez: That was already done -- Commissioner Allen: Addressed. Chairman Sanchez: -- at the request -- Commissioner Allen: Right. Chairman Sanchez: -- of Commissioner Allen. BC.11 04-01360 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/ NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: David Marko Chairman Joe Sanchez Luis Cabrera Commissioner Tomas Regalado Jason Manowitz Commissioner Tomas Regalado Walter Harvey Mayor Manuel Diaz Ringo Cayard Mayor Manuel Diaz 04-01360-memo-1.doc 04-0136 0-MEMBERS-2. d oc 04-01360-mayor-3. htm Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0053 A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to reappoint Luis Cabrera, Jason Manowitz, Walter Harvey, Ringo Cayard and David Marko as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to past absences on record for David Marko, Luis Cabrera, Jason Manowitz, Walter Harvey and Ringo Cayard as a member of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Chairman Sanchez: We go to the -- which board are we on, BC. 10 now? City of Miami Page 134 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Priscilla A. Thompson (City Clerk): BC .11. Commissioner Regalado: 11. Chairman Sanchez: BC.11. OK, Homeland Defense Neighborhood Improvement Bond Program Oversight Board. We have -- Commissioner Regalado, you have appointments. Commissioner Regalado: Yes. Luis Cabrera and Jason Manowitz. Chairman Sanchez: OK, those -- Ms. Thompson: With waivers, attendance waivers. Commissioner Regalado: Attendance waivers. Chairman Sanchez: OK. Those -- Commissioner Regalado: OK, with attendance waivers. Chairman Sanchez: -- two names that have been proffered to include all necessary waivers for reappointment. 1 believe the Mayor has two appointments. Ms. Thompson: And act -- Commissioner Regalado: I'll move the -- Ms. Thompson: And those, again, with waivers. He's made the appointments. They just need waivers. Chairman Sanchez: OK, to include the appointments of the Mayor, with waiver, and 1 also will like to reappoint David Marko, and I believe that he needs a waiver for excessive absence. OK, he was out of town traveling on business. He's an attorney. He's still interested in serving on the board, so I'll go ahead and reappoint him. Having put those names on the table that have been proffered, need a motion to approve, with waivers. Commissioner Regalado: Second. Chairman Sanchez: There's a motion by Commissioner Winton. Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. All in favor -- Commissioner Winton: So move. Chairman Sanchez: -- say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. BC.12 04-01370 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. City of Miami Page 135 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 APPOINTEE: NOMINATED BY: Richard Tapia Vice Chairman Angel Gonzalez 04-01370-memo-1.doc 04-01370- Members-2.doc 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-05-0054 A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to reappoint Richard Tapia as a member of the Code Enforcement Board,• further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to past absences on record for Richard Tapia as a member of the Code Enforcement Board. Chairman Sanchez: We go on to BC.12, which is Code Enforcement Board, and I believe the only individual that has an appointment is Vice Chairman Gonzalez, and better yet, let's allow the Vice Chairman to make the appointment, and then we'll go back to the boards that he was out of the Commission the opportunity to appoint those. Vice Chairman Gonzalez: OK. I need a wavier on Richard Tapia for absences. Chairman Sanchez: On which one? Vice Chairman Gonzalez: On the Code Enforcement Board. Chairman Sanchez: OK. There's a motion for Richard -- Commissioner Regalado: Second. Chairman Sanchez: -- Tapia -- Commissioner Regalado: Second. Chairman Sanchez: -- to be appointed to the Code Enforcement Board, with all necessary waivers. There's a motion by Vice Chairman Gonzalez, second by Commissioner Regalado. 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 and entitled to the same right, say "nay." Hearing none, it is approved. BC.13 04-01391 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL ( CIP) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City of Miami Page 136 . Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Tanya Jeanette Brinkley Civilian Investigative Panel 04-01391-memo-1.doc 04-01391 - resume - 2.pdf 04-01391-members-3.doc Motion by Commissioner Allen, 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-05-0058 A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to confirm the nomination of Tanya Jeanette Brinkley as a member of the Civilian Investigative Panel (CIP). Commissioner Allen: But I'd like to ask the chairperson's indulgence, if you will. Chairman Sanchez: Yes, sir. Commissioner Allen: This is with respect to BC.13. There is an individual here. I think we could dispense with this quickly. Chairman Sanchez: I'm sorry. BC. 13? Commissioner Allen: Yeah -- yes. I do -- Chairman Sanchez: OK. A resolution of the City of Miami Commission -- Commissioner Allen: The CIP (Civilian Investigative Panel) -- Chairman Sanchez: That's appointing a CIP -- Commissioner Allen: Right. The person is here. I do believe that they have a commitment later this afternoon, so if we could just quickly address that, Mr. Chairperson -- Chairman Sanchez: Absolutely. At the -- Commissioner Allen: -- if possible. Chairman Sanchez: -- request of Commissioner Allen, we would like to bring BC.13, which is a resolution for -- to be addressed by the Commission. OK. It's an appointment, correct? Commissioner Allen: It's an appointment. It's the CIP. Priscilla A. Thompson (City Clerk): You're confirming -- Chairman Sanchez: You're confirming. Commissioner Allen: Confirming, right. Ms. Thompson: -- the nomination of the appointment made by the CIP. City of Miami Page 137 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Allen: Right. Chairman Sanchez: All right. Is there a motion to approve the confirmation? Commissioner Allen: I move to move it -- Vice Chairman Gonzalez: Second. Commissioner Allen: -- to approve it, yes. Chairman Sanchez: There's a motion to approve the confirmation by Commissioner Allen, second by Vice Chairman Gonzalez. It is open for discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Congratulations to the nominee. Commissioner Allen: By the way, the nominee is here. You want to stand, Ms. -- Chairman Sanchez: Would you like to come up and say a few words -- Commissioner Allen: Briefly, yeah, just -- Chairman Sanchez: -- please? Commissioner Allen: Yeah. Commissioner Winton: Yes. Chairman Sanchez: Just for the record, Commissioner Winton voted yes. Tanya Jeanette Brinkley: Thank you. Good afternoon. My name is Tanya Brinkley. I want to thank all of you for your support, and certainly appreciate you taking me out of turn. Thank you. Chairman Sanchez: Thank you so much. Commissioner Allen: Yes. Chairman Sanchez: I'm sure you've got better things to do. Yes. Ms. Brinkley: I can go to my office. Thank you. Chairman Sanchez: All right. City Commission stands in recess, but we'll be back at 2:30, so enjoy your lunch. City of Miami Page 138 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 DISCUSSION ITEMS DI.1 04-01246 DISCUSSION ITEM A DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. 04-01246-cover memo.pdf DISCUSSED Chairman Sanchez: Let's do the outlook -- the discussion concerning the financial update and budget outlook. We could get rid of that. Commissioner Allen: Right. Chairman Sanchez: Mr. Director, how much time do you need, sir? Larry Spring (Chief Strategic Planning, Budgeting & Performance): About 30 seconds, sir. Chairman Sanchez: No. You're going to have to give us a little bit more than 30 seconds. Vice Chairman Gonzalez: He's just going to say life's -- Commissioner Winton: 45 seconds. Chairman Sanchez: What is he going to say, life is good? Vice Chairman Gonzalez: Life is good. Mr. Spring: Something like that. Larry Spring, Chief of Strategic Planning, Budgeting and Performance. Chairman Sanchez: For the record, that's D1.1, which is a discussion item pertaining to the financial update and a budget outlook. Mr. Spring: Commissioners, as you know, we're -- we've just closed our second month, the month of November, and our financial statements. Given that it's only the second month in the fiscal year, there have been no significant changes in what we forecasted for budget, so everything's projected as budgeted. General revenue funds received for this month were $40, 320 ,000, and expenditures for the month totaled 32, 900, 000, so you have a positive cashflow low of approximately 7.4. The -- Commissioner Winton: How does that compare to budget? Commissioner Allen: Yeah, compared to receiving. Mr. Spring: Actually, we're actually on budget. That's consistent with the receipt of property taxes for mortgage companies -- Commissioner Allen: Right. Mr. Spring: -- who typically try to take advantage of the four percent discount in November. City of Miami Page 139 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Allen: So we have a healthy prognosis -- Mr. Spring: Correct. Commissioner Allen: -- to date? Yeah. Mr. Spring: As of today -- as of November -- the end of November, we have a healthy prognosis. Of course, as always, we will continue monitoring and, as any conditions change, we'll keep you updated. We do anticipate having a close-out amendment once the year-end financial statements has been completed for the '04 budget, and we'll probably have our first '05 amendment to take care of some ancillary things, like rollover appropriations and things of that nature. Hopefully, I'd like to get it before Commission in the month of February, so -- and that's about it. Chairman Sanchez: Any questions from the Commission? Commissioner Allen: No. Chairman Sanchez: If not, I have two simple questions: One, any reported conditions that we should be made aware of? Mr. Spring: None from my area, but Finance -- Scott Simpson (Director, Finance): No. Chairman Sanchez: No? Mr. Simpson: Not right now. The -- Chairman Sanchez: Anything out of the norm or anything that we are not in trouble now, but we will be in the next couple of months? Mr. Simpson: Nothing -- there's nothing in the next couple of months, but in the next couple of years, there's some significant GASB (Governmental Accounting Standards Board Statement) pronouncements that are coming down the pike that the City needs to address, primarily related to post -retirement employment benefits, health insurance, retirement type issues. Chairman Sanchez: And are we preparing to address those concerns -- Mr. Simpson: The -- Chairman Sanchez: -- in the near future? Mr. Simpson: -- issues have been brought up at the Finance Committee, as well as meetings with Risk Management, my boss, Linda Haskins, as well as myself. In order to prepare for that, basically, the City has to do a lot of gathering the statistical data of exposure rates; making some assumptions where health insurance are going to go, and then we had to make decisions, so yes, the preliminary data gathering for GASB-45 has already begun. Commissioner Allen: OK. Chairman Sanchez: OK. Commissioner Allen: Yeah. Chairman Sanchez: Any further questions? Commissioner Allen. City of Miami Page 140 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Allen: No further questions. Chairman Sanchez: No further questions. Commissioner Allen: But -- Chairman Sanchez: Thank you very much. Mr. Simpson: Thank you. DI.2 04-01295 DISCUSSION ITEM DISCUSSION AND POSSIBLE RESOLUTION REGARDING A POSSIBLE SETTLEMENT IN THE MATTER OF NATIONAL ADVERTISING V. CITY OF MIAMI. (BILLBOARD LITIGATION) 04-01295-email.pdf DEFERRED Note: Please see discussion under "Order of the Day." DI.3 04-01430 DISCUSSION ITEM DISCUSSION REGARDING DIRECTIVE FROM THE CITY COMMISSION RELATED TO CONTRACT WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM AND UPDATE ON EXAMINATION OF ALTERNATIVES TO CITY OF MIAMI PARTICIPATION. 04-01430-email.pdf DISCUSSED This item resulted in a resolution listed below: [DI.3] 04-01430a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION (subject matter: to allow the City Manager to enter into a contract agreement with the South Florida Employment and Training Consortium and subsequently in a memorandum of understanding with said entity). Motion by Commissioner Allen, 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-05-0060 Chairman Sanchez: All right. That leaves us with DI.3, which is discussion regarding directive from the City Commission related to the contract with the South Florida Employment and Training Consortium, an update on examination of alternative to the City of Miami participation . Who's here to speak on behalf of that? David Rosemond: I'm just waiting for my cue. David Rosemond, City Manager's Office. We are on task, as directed by the Commission. We would like, at this point, to ask you to allow us to City of Miami Page 141 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 enter into a contract with the South Florida Consortium, and then we will subsequently enter into a Memorandum of Understanding with them so that we can get the Miami Work Initiative structured the way that we would like to see it structured. Commissioner Regalado: David, you already attended any meetings as the City of Miami representative? Mr. Rosemond: I have not because we have not had the contract. The Commission needed to approve the City entering into that contract in order to be able to sit at that table. Commissioner Regalado: OK. Commissioner Winton: Have we done that? Mr. Rosemond: Well, we need for your passing a resolution saying -- Commissioner Winton: Is that what this is right now? Mr. Rosemond: Yes. Commissioner Winton: Oh, OK. I'll move it. Is there a motion, Mr. Chairman? Is there a motion on this item, yet? Commissioner Allen: I move -- I'll move -- Chairman Sanchez: This -- does this -- Commissioner Winton: You moved it? Commissioner Allen: No, I said I will move it. Commissioner Winton: No. Chairman Sanchez: Does this item require legislative -- Commissioner Winton: Yes. Commissioner Regalado: Yeah, yeah. Mr. Rosemond: Yes. Commissioner Allen: Yes. Chairman Sanchez: It does? OK. Commissioner Winton: I will second the motion. Chairman Sanchez: There is a motion by Commissioner Allen, second by Commissioner Winton. Open for discussion. Commissioner Regalado. Commissioner Regalado: David, before we sign the contract, can we not sign first a Memorandum of Understanding? Mr. Rosemond: Memorandum of Understanding requires that we already have a contractual agreement with that agency. It's a subsequent -- it's a sequencing process. City of Miami Page 142 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Regalado: But how do we know that you're not going to be overwhelmed in the board? Commissioner Winton: Well, then it'll come back next year and we'll kill them. Commissioner Regalado: Hello, we've been killing them for several years. Commissioner Winton: Yeah, but this time it'll be real serious because we will have taken -- they -- first of all, they've taken a big step forward, as far as I'm concerned, and I think we've got the right guy at the table, who's got the -- who's mandated to have the time to attend these meetings, which are difficult for us to do, so I think we've got the right guy in the right place at the right time, with some new leadership there. I'm willing to bet this go -round that we're going to win, as opposed to getting our rear ends kicked. Commissioner Regalado: We got the best guy. However, we don't have the majority of the vote. Is that correct, David? Mr. Rosemond: No. We are one of five entities that participate in this initiative. However, I think that not only is it a matter of numbers, but it's a matter of having the right product, and I think that what Miami Works has done is illustrated the kind of product that the South Florida Consortium -- Workforce Consortium needs to have, so they are implementing this as part of their regular activity, and this will happen as of July 1. All we need now is for the six month -- five and a half month to complete. Chairman Sanchez: All right. Any further discussion on the item? If not, all in favor, say "aye. The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none -- Commissioner Regalado: I'll say "aye" and say "nay" at the same time. Chairman Sanchez: All right. Motion -- Mr. Rosemond: Commissioner -- Commissioner Regalado: I mean, you know, come on. Mr. Rosemond: I understand and -- Commissioner Winton: That's a half a yes. Mr. Rosemond: -- I think that they understand. Commissioner Winton: Oh, excuse me. Chairman Sanchez: Motion carries. Commissioner Regalado: Come on. Commissioner Allen: Mr. Chair -- Commissioner Regalado: We've been -- City of Miami Page 143 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Sanchez: All right. Commissioner Regalado: We've been -- Commissioner Winton: We've been gone. Commissioner Regalado: Every year. Chairman Sanchez: All right. Listen, any pocket items? Commissioner Allen: No. I move that we adjourn. Chairman Sanchez: No pocket items. Motion to adjourn is always well entertained. Commissioner Allen: Wait. I'm sorry, Mr. Chairman. I believe we have someone -- City of Miami Page 144 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 DI.4 04-01446 DISCUSSION ITEM DISCUSSION ITEM: MR. CHARLIE COX, PRESIDENT OF AFSCME- LOCAL 1907 TO ADDRESS THE COMMISSION CONCERNING THE FY'04 - FY'05 BUDGET. 04-01446-email.pdf DEFERRED Note: Please see discussion under "Order of the Day." NON -AGENDA ITEMS NA.1 05-00017 DISCUSSION ITEM Chairman Sanchez commended the Agenda Office, the City Clerk's Office, the Administration, the City Attorney's Office, and Victoria Guerrero of the City Manager's Office for streamlining the agenda process and making it more professional. DISCUSSED Chairman Sanchez: Before we go any further, let me take this opportunity to, as they say, give out a shout out or recognition and praise. The Agenda Office, the City Clerk's Office, and the Administration, and the Legal Department -- I'm not going to leave them out of this -- and especially Vicky Guerrero for streamlining the agenda. We have been very successful, as you could see, in finding ways to streamline the agenda and make it -- making it more professional and, of course, finding more decorum to the legislative process here at the City, so congratulations to all those, and thank you for having the patience to work with my office to make these -- progress that was so needed. But before we do that, 1 want to, once again, take the opportunity to thank the Legal Department, the Agenda Department, the City Clerk's Office, the administration -- Commissioner Winton: The Chairman. Chairman Sanchez: -- and all those -- Commissioner Winton: The Chairman. Chairman Sanchez: -- that are working with us to streamline the agenda. We continue to work - - as a matter of fact -- Commissioner Winton: The Chairman. Chairman Sanchez: -- we will be having some boards that will be eliminated coming up on the Commission. We have to streamline all these layers of layers of bureaucracy that really today hurt us more than they help us, so once again, thank you for your patience. I believe a motion to adjourn is in order. There's a second and -- Vice Chairman Gonzalez: Happy Three King's Day Parade to all of you. Chairman Sanchez: And we'll see you at the Three King's Parade, and then Monday, we'll see you at the Martin Luther King Parade. NA.2 05-00015 RESOLUTION City of Miami Page 145 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 ), AUTHORIZING A WAIVER OF ALL FEES ASSOCIATED WITH THE USE OF THE COCONUT GROVE EXPO CENTER BY TELEMUNDO NETWORK GROUP, LLC, FOR THE NATIONWIDE TSUNAMI RELIEF TELETHON TO BE HELD ON SATURDAY, JANUARY 15, 2005; AUTHORIZING THE CITY MANAGER TO EXECUTE THE USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-00015-Exhibit 1. 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-05-0024 If the Commission will allow me to take one item out of order, and you would -- it's a pocket item that we have. I have it here. I can't find it right now. Do we have that pocket item, which is a waiver? Commissioner Allen: Consent, yes. Chairman Sanchez: Yes. As you know, the tragedy of the tsunami and all the victims, I think that the largest world relief effort in the world is being conducted right now, and if we must come together as one, this is the perfect situation to do that, to be able to provide a hope for those victims, specially, you've heard that there's 150-some plus thousand deaths, millions of people that are homeless; truly, truly, a tragedy, and government cannot provide all the relief and therefore, we're asking all those that could to help out, and what we have -- I want to give you a little bit of a history of what this is all about. General Electric Company and NBC (National Broadcasting Corporation) Universal will air a live benefit to aid victims of the Southeast Asia Tsunami across all eight of its broadcasting cable network. The hour-long benefit special will air live at 8 p.m., western time, on Saturday, January the 15, on NBC Cable News Channel, MSNBC (Microsoft -National Broadcasting Network), and CNBC; the cable entertainment channels, Trio, Bravo, USA, and SciFi, and all the Spanish networks, Telemundo. The special will be broadcast on tape delay on the west coast. The network unit says phone lines will remain opened for an extended period that night, and of course, this is to raise funds for all the victims, and this pocket item that the Chair is presenting on behalf of the Mayor and the Commissioners and all those who labor here at the City of Miami, it's a resolution of the City of Miami Commission, with attachments, authorizing a waiver of all fees associated with the use of the Coconut Grove Expo Center by Telemundo Network Group, LLC, for the Nationwide Tsunami Relief Telethon, to be held on Saturday, January 15, 205 [sic]; authorizing the City Manager to execute the use agree in attachment form for said purpose, and at this time, I would like one of my colleagues to -- Vice Chairman Gonzalez: I'll move the resolution -- Chairman Sanchez: -- make the motion. Vice Chairman Gonzalez: -- Mr. Chairman. Chairman Sanchez: There's a motion by the Vice Chair -- Commissioner Regalado: Second. Chairman Sanchez: -- Gonzalez. It is -- Commissioner Regalado: Second. City of Miami Page 146 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Sanchez: -- by Commissioner Regalado. 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." The resolution passes. God bless each and every one of you. Please do give. This is, by far, the worst tragedy in the world. Thank you. NA.3 05-00020 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A DONATION OF SURPLUS CAMPAIGN FUNDS FROM THE CAMPAIGN OF COMMISSIONER TOMAS REGALADO IN THE AMOUNT OF $21,415.79; ALLOCATING SAID FUNDS TO THE CUBAN MEMORIAL BOULEVARD PROJECT NO. 341127, B-30309. Motion by Commissioner Regalado, 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-05-0044 Chairman Sanchez: We go to Commissioner Regalado's item. Commissioner Regalado: Thank you very much, Mr. Chairman. Commissioner Winton was surprised that I didn't have any items on the blue page. 1 do. It's just that -- Commissioner Winton: I'm not sure I've ever seen that before. Commissioner Regalado: No, no, and you will never see that again, I promise you that. Mr. Chairman, thank you very much. I have three items. One is very simple. It's just a house clearing. We discussed this with the Budget Director, and it's regarding actually the Cuban Memorial Boulevard project. We did this long time ago, but now that finally your project is moving, and this is about a monument there. It's just a motion to accept a total donation of surplus campaign fund in the amount of $21, 415.79 from the campaign; further authorizing that said funds will be utilized for the capital account of the Cuban Memorial Boulevard project. That's a motion. Commissioner Winton: Who's campaign fund? Vice Chairman Gonzalez: Second. Commissioner Regalado: Mine. Commissioner Winton: Oh. Commissioner Regalado: We did this a year ago. Chairman Sanchez: This is just a clean up. Commissioner Regalado: It's just a clean up. Commissioner Winton: Oh, I see, OK, OK. City of Miami Page 147 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Regalado: It's just a clean up that we have to do. Commissioner Winton: OK. Chairman Sanchez: All right. Commissioner Winton: Second. Chairman Sanchez: There is a motion by Commissioner Regalado, second by -- Commissioner Winton: Me. Chairman Sanchez: -- Commissioner Winton. Open for discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. NA.4 05-00018 DISCUSSION ITEM A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, to reconsider motion passed at the December 9, 2004 Commission Meeting, which denied proposed change of land use designation for the property located at approximately 3155 SW. 22 Terrace, Miami, Florida. (File No. 04-01178) MOTION Note for the Record: The aforementioned item will be heard at the Commission Meeting currently scheduled for February 24, 2005. Chairman Sanchez: Next item. Commissioner Regalado: Another simple one, and this is following Johnny Winton's teachings. Commissioner Winton: My what? Commissioner Regalado: Teachings. Your -- Commissioner Winton: I didn't know I had any of those. Commissioner Regalado: Yes, you did. Well, this is a motion to reconsider Ordinance Number 04-01178, which was denied on first reading at the December 9, 2004 Commission meeting. Let me tell you the history of this, and you will like this. This is a motion that came before the PZ ( Planning & Zoning) agenda, and it was in my district. These people bought this building. They couldn't -- they said that there's no way that they can operate the new business Rex Art -- Commissioner Winton: Right. Commissioner Regalado: -- if they didn't have -- Commissioner Winton: Yep. City of Miami Page 148 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Regalado: -- exit on 22nd Terrace. Commissioner Winton: Right. Commissioner Regalado: Actually, they were correct. There is no way to enter through Coral Way, so the Commission denied this, and they were very disappointed. Commissioner Winton: And upset. Oh, they were crying. Commissioner Regalado: And they went back and decided to come back and say, "We're going to demolish the building and build a new building, and we will need -- we will not need exit on 22nd Terrace." Commissioner Winton: Very good. Chairman Sanchez: So -- Commissioner Regalado: So -- Chairman Sanchez: This is a motion to -- Commissioner Winton: Very good. Chairman Sanchez: -- reconsider. Commissioner Winton: Second. Chairman Sanchez: The maker of the motion has to be the -- Commissioner Regalado: 3155 Southwest 22nd Terrace, from duplex residential to restricted commercial. That's the motion. Chairman Sanchez: OK. The motion -- Commissioner Winton: Second the motion. Chairman Sanchez: -- to reconsider is being made by Commissioner Regalado, second by Johnny Winton. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. We move on to -- Jorge L. Fernandez (City Attorney): Mr. Chairman, excuse me. Chairman Sanchez: Mr. City Attorney. Mr. Fernandez.: On the previous item, where there was a motion to reconsider and it was passed, we need to have a time certain, and we suggest that the record reflect that you're moving to reconsider this item in its entirety -- because it needs to be readvertised and the like -- to February 24, which is the -- Chairman Sanchez: Second. City of Miami Page 149 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Mr. Fernandez: -- P&Z (Planning & Zoning) meeting next, following. That would give us plenty of time to do the readvertising. Chairman Sanchez: Would that require a motion or just being -- Mr. Fernandez: No, no. It's just -- Chairman Sanchez: -- that it's being reconsidered to come back? Mr. Fernandez: -- for the record to reflect that that was -- Chairman Sanchez: All right. Mr. Fernandez: -- the intent of the Commission, that you would call it on February 24. NA.5 05-00019 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), MAKING PROVISIONS FOR HOLDING A SPECIAL MUNICIPAL ELECTION ON MARCH 8, 2005, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE AT SAID ELECTION THE FOLLOWING STRAW BALLOT QUESTION, WHICH SHALL HAVE NO BINDING OR OBLIGATORY EFFECT, TO BE KNOWN AS STRAW BALLOT QUESTION NO. 1: "SHALL THE VOTERS OF MIAMI-DADE COUNTY ELECT THE TAX ASSESSOR INSTEAD OF THE COUNTY MANAGER OF MIAMI-DADE COUNTY APPOINTING THE TAX ASSESSOR?"; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH SPECIAL MUNICIPAL ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF THE ADOPTION OF THIS RESOLUTION AND THE PROVISIONS THEREOF PURSUANT TO APPLICABLE LAW; AND DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, PURSUANT TO APPLICABLE LAW. 05-00019-Exhibit 1 .pdf 05-0001 9-Correspondence.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-05-0043 Chairman Sanchez: Next item. Commissioner Regalado: OK. The last one --1 don't know if you've seen the paper today. There will be a meeting of the County Commission next Thursday, and in that meeting, there will be a motion to certainly approve, in a special election, on March 8, 2005, in Miami -Dade City of Miami Page 150 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 County, for the gambling machines in Miami -Dade County. As you know, the people of state of Florida approve an amendment to the Constitution, giving the power to the residents of Miami - Dade and Broward to decide whether or not we want gambling machines in some of their establishments in the area, the pari-mutuels, actually. On this March 8 election, a special election, the deadline to place item for the County Department of Election is January 24, so -- because of the time sensitive issue, I am bringing to you, my colleagues, this idea. In the state of Florida, there are 67 counties. Of those, 66 have the position of the property appraisal tax assessor elected. Only Miami -Dade County has an appointed tax assessor and property appraiser. My proposal to you is to place, as a non -binding straw ballot question within the municipality of the City of Miami, a question asking the voters in the City of Miami if -- and this is a question that the City Attorney wrote -- shall the voters of the Miami -Dade County Charter elect its tax assessor instead of the County Manager of Miami -Dade County appointing the tax assessor? Let me tell you why is this. It has been proven that a person accountable to the voters has more restraint than our current property appraisal tax assessor in Miami -Dade County. The people of Miami -Dade County, especially the people in the City of Miami, have been bombarded with increases in their homes, even those with homestead exemption, and since there is going to be a special election for the powers of the Mayor of Dade County and for the procurement process in Miami -Dade County, on September 8 or in November 5, 2005, this will be a test for our County colleagues to place in the ballot this possibility. Let me tell you that the day before yesterday, Mayor Carlos Alvarez, of Miami -Dade County, told me that he will be very interested in seeing the outcome of this straw ballot in the City of Miami. The Chairman of the County Commission, Joe Martinez, said that he favors the position of the tax assessor property appraisal to be an elected one, and that he will be following very closely this straw ballot referendum in the City of Miami. My proposal is to place it on the ballot in the upcoming March 8 or the date that the County Commission chooses next week as a straw ballot in the City of Miami. The cost for the City of Miami is $1,100, to be taken out of the reserves of District 4. We have $36, 000 that we have not used, and the cost that we need to pay to the Miami -Dade County Elections to place this on the municipal ballot in the upcoming special election is $1,100, plus 50 to $75 for translation. All of the cost will not come from the general budget, but from the reserve of District 4. That will be my motion. Vice Chairman Gonzalez: Second. Second the motion. Chairman Sanchez: There is a motion and a second for a non -binding straw ballot question pertaining to the County property appraiser funds coming out of the District 4 reserves. It's second for purpose of discussion. Any discussion on the item? Hearing none, All in favor, say " aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Regalado: Thank you. Thank you very much. Chairman Sanchez: OK. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Mr. Chairman, just to make sure that the Clerk has it correct, the question that is being recommended by this Commission is, shall the voters of Miami -Dade County elect its tax assessor instead of the County Manager of Miami -Dade appointing the tax assessor. That is very succinctly the question. Chairman Sanchez: Yes. And on the matter, let me take this opportunity to praise Commissioner Regalado on it, but however, think that we should also pursue the County. Maybe the County should be the one that put it out, basically, because it's going to be a Countywide election. If we put it on the City, it's just going to be in the City. City of Miami Page 151 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Commissioner Regalado: Right. Chairman Sanchez: So having the support of the individuals that you stated in the County Commission, it would be prudent if they put it on the ballot. If not, we'll put it on the ballot or -- 1 could support putting it on the ballot, and however, passing a resolution that if it does pass by the voters of the City, then to pursue them to put it on the ballot in support of what you stated, which is to have the County appraiser be an elected official and not have the County Manager taking the actions on the property appraiser. Commissioner Regalado: Mr. Chairman, my understanding is that Mayor Alvarez have -- is in the process of creating the PAC, People for Government Reform, it's called, and after this special election, depending on the outcome, he will gather the signatures necessary to place this item in the ballot, along with the other two items that he's seeking to place in the ballot, either on September or November of this year, so it depends on the reaction of the resident of the City of Miami. Chairman Sanchez: All right. Action has been taken on the item. NA.6 05-00021 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER JOE SANCHEZ AS VICE CHAIRPERSON OF THE MAYOR'S INTERNATIONAL COUNCIL. 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-05-0059 Chairman Sanchez: Let's get back to the agenda. Before we move further -- Commissioner Winton, you had several consent agenda items that you wanted to either, one -- Commissioner Winton: Well, before we go there -- Chairman Sanchez: Yes, sir. Commissioner Winton: -- I'm kind of on board appointments again. Chairman Sanchez: Yes, sir. Commissioner Winton: I'd like to do two things. One is that I'm the chairman of the Mayor's International Council, and I would like to do two things: One, I would like to resign as the chairman of the Mayor's International Council, and I would like to nominate Chairman Joe Sanchez as the new chair of the Mayor's International Council. Vice Chairman Gonzalez: Second. Commissioner Regalado: Second. Chairman Sanchez: All right. There's a motion and a second. Motion is made by Commissioner Winton, second by both Vice Chairman Gonzalez and Regalado. It is open for discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 152 Printed on 1/27/2005 City Commission Verbatim Minutes January 13, 2005 Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. OK, what else? Commissioner Winton: That was it. Chairman Sanchez: I thought you had something else. Commissioner Winton: It was two things. That was it. Chairman Sanchez: Oh. City of Miami Page 153 Printed on I/27/2005