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Home My WebLink AboutCC 2005-05-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Verbatim Minutes Thursday, May 12, 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 Meeting Minutes May 12, 2005 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTION BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez, Commissioner Regalado and Commissioner Allen On the 12th day ofMay 2005, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Joe Sanchez at 9: 21 a.m., recessed at 12:28 p.m., reconvened at 2:38 p.m., and adjourned at 5:44 p.m. Note for the Record: Commissioner Winton entered the meeting at 9:22 a.m. and Commissioner Gonzalez entered the meeting at 9:29 a.m. ALSO PRESENT: Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk City ofMiami Page 2 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: (INAUDIBLE) City Commission meeting to order. Nine o'clock, we'll start with the invocation and the pledge of allegiance, and then we'll go to the presentation and proclamations. Prayer and pledge of allegiance. PRESENTATIONS AND PROCLAMATIONS PR.1 05-00446 CEREMONIAL ITEM Name of Honoree Honorable Carlos A. Gimenez, Miami -Dade County Commissioner Little Haiti Pioneers Jorge A. Plasencia Grand Avenue Banner Contest Winners The City of Miami Program for Persons with Disabilities Fire -Rescue Department Honorees Fire Fighter Russell Abraira Fire Fighter Scott Dean Fire Fighter David Duthil Lieutenant Robert Hallstrand Fire Fighter Javier Hernandez Fire Fighter Olga Gomez Lieutenant Robert Jorge Lieutenant Richard Strosnider Fire Fighter David Williams Presenter Mayor Diaz Mayor Diaz Commissioner Winton Commissioner Winton First Tee Miami Dade Amateur Golf Association Fire Chief Bryson Fire Chief Bryson Fire Chief Bryson Fire Chief Bryson Fire Chief Bryson Fire Chief Bryson Fire Chief Bryson Fire Chief Bryson Fire Chief Bryson Protocol Item Commendation Certificates of Honor Commendation Certificate of Merit Ceremonial Check Peer Recognition Award Peer Recognition Award Peer Recognition Award Peer Recognition Award Peer Recognition Award Peer Recognition Award Peer Recognition Award Peer Recognition Award Peer Recognition Award Mayor Diaz presented the Honorable Carlos A. Gimenez, Miami -Dade County District 7 Commissioner, with a commendation for his achievements as past City ofMiami Manager and for his new position as a County Commissioner, serving portions of the City ofMiami. Mayor Diaz presented Nadia Turner, American Idol participant, as a Distinguished Artist of the City ofMiami for her participation in the latest round on the nationwide vocal contest. Mayor Diaz presented Dr. Carmeleau Monestime, Claude Charles, Dr. Joel Henriquez Poliard, Jean-Claude Exulien, Reverend Jacques Montpremier, Marie -Jose Toussaint, Esquire, Fernand Cayard, Claire Nassar, Roland Jean-Louis, Sister Pierre Marie Armand, Bishop Thomas Wenski, George Daniel, Jean Claude Contave, Viter Juste, and Inavy Joseph, with Certificates of Honor for their contribution to the community of Little Haiti. Commissioner Regalado presented a salute to Mario Tabares for being awarded the World Champion Tennis Player Over 40 title in Perth, Western Australia on April 2005. Commissioner Winton presented a Certificates of Merit and City ofMiami pins to Grand Avenue Banner Contest participants: Hillary Martinez, grand prize winner, Chaquise Lesane, Apollonia Malchiodi, Anada Habun, Sebastian Fonseca, Sugey Zamora, Nathan Sanchez. Recognized, although not present: Genevah Davis, Frances Tucker, Angelica Yudasta, Absael Cortes, Helen Jesus, and Marquan Stanley. The First Tee Miami Dade Amateur Golf Association presented a ceremonial check for $35,146.02 to the City ofMiami Program for Persons with Disabilities for a summer camp and a mini bus to assist said program. City ofMiami Page 3 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Fire -Rescue Chief William Bryson presented Peer Recognition Awards to Fire Fighter Russel Abraira, Fire Fighter Scott Dean, Fire Fighter David Duthill, Lieutenant Robert Hallstrand, Fire Fighter Javier Hernandez, Fire Fighter Olga Gomez, Lieutenant Robert Jorge, Lieutenant Richard Strosnider, and Fire Fighter David Williams as excellent emergency response professionals, as recognized by their peers. Virgil Fernandez was recognized for having been selected as Fire Chief for the City of Hollywood. Chairman Sanchez: All right. At this time, I would like to turn it over to our Mayor for the presentation and proclamations that'll be presented today. Presentations made. MAYORAL VETOES (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) NO MAYORAL VETOES Chairman Sanchez: All right. I believe that concludes our presentation and proclamations. At this time, the next item on the agenda is there are no mayoral vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Regular Meeting of June 13, 2002 Motion by Commissioner Regalado, seconded by Commissioner Allen, to APPROVED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Allen Absent: 2 - Commissioner Gonzalez and Winton Special Meeting of September 5, 2002 Motion by Commissioner Regalado, seconded by Commissioner Allen, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton Planning and Zoning Meeting of September 26, 2002 Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton Regular and Planning and Zoning Meeting of October 10, 2002 Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Planning and Zoning Meeting of October 29, 2002 Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. City ofMiami Page 4 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Regular Meeting of April 14, 2005 Motion by Commissioner Regalado, seconded by Commissioner Allen, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: And we move into approving of the minutes of the following meetings. We need a motion to approve the minutes of the regular meeting of June 13, 202 [sic]. Is there a motion? Commissioner Regalado: Move it. Chairman Sanchez: There's a motion by Commissioner Regalado; is there a second? Commissioner Allen: Mr. Chairman, I will second that motion, although I was not here at the time. Chairman Sanchez: All right. There's a second. 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, Madam Clerk. We also need a motion to approve the special meeting of September 5, 202 [sic]. Is there a motion? Commissioner Regalado: Move it. Commissioner Allen: Again -- Chairman Sanchez: There's a motion by Commissioner Regalado; is there a second? Commissioner Allen: Yeah, again, Mr. Chairman, I'll second that, with a qualification that I was not here at the time, but nonetheless, I'll second the motion. Chairman Sanchez: Stated on the record; he was not a commissioner at that time, but there is a second 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, Madam Clerk. We also need a motion to approve the minutes for Planning and Zoning meeting of September 26, 202 [sic]. Is there a motion? Vice Chairman Gonzalez: Move the approval. Commissioner Regalado: Second. Chairman Sanchez: There's a motion by the Vice Chair Gonzalez; there's a second by Commissioner Regalado. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 5 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and we move on to the regular Planning and Zoning meeting of October 10, 202 [sic]. Is there a motion to approve the minutes? Commissioner Regalado: Move it. Vice Chairman Gonzalez: Move it. Chairman Sanchez: There's a motion -- Commissioner Regalado: Second. Chairman Sanchez: -- by Commissioner Regalado, second by Vice Chairman Gonzalez. It is open for discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, Madam Clerk. Also need a motion Planning and Zoning meeting of October 29, 202 [sic]. Need a motion. Vice Chairman Gonzalez: Move to approve. Commissioner Regalado: Second. Chairman Sanchez: There's a motion and a second. It is open for discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Also need a motion for the regular meeting of April 14, 205 [sic]. Is there a motion to approve the minutes? Commissioner Regalado: Move it. Commissioner Allen: Move -- second. Chairman Sanchez: There's a motion by Commissioner Regalado, second by Commissioner Allen. It is open for discussion. Hearing no discussion on the item, all in favor, say "aye." Anyone in opposition, having the same right, say "nay." Motion carries. ORDER OF THE DAY CONSENT AGENDA CA.1 05-00360 RESOLUTION Department of A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH Public Works ATTACHMENT(S), VACATING, DISCONTINUING, AND ABANDONING THE SOUTH FIFTEEN (15) FEET OF LOT 15 AND THE SOUTH FIFTEEN (15) FEET OF THE EAST HALF OF LOT 16, BLOCK 1, "MEADOW LAWN", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 9, PAGE 55 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, City ofMiami Page 6 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 AND RETURNING SAME TO THE PRESENT ADJACENT PROPERTY OWNERS AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0280 CA.2 05-00361 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE VILLAGE OF MIAMI SHORES AND THE CITY OF MIAMI, 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. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0281 CA.3 05-00362 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BROWARD COUNTY, TO SET FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE FY 2003 URBAN AREAS SECURITY INITIATIVE ("UASI) II PROJECT GRANT AND FY 2004 UASI III PROJECT GRANT ADMINISTERED BY THE CITY OF MIAMI, AS A UASI SPONSORING AGENCY; CONTINGENT UPON FUNDING OF THE PROJECT BEING SECURED IN THE FORM OF GRANTS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY'S OFFICE FOR DOMESTIC PREPAREDNESS AND THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0282 CA.4 05-00363 RESOLUTION City ofMiami Page 7 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A CASH Parks and DONATION, IN THE AMOUNT OF $35,146.02, FROM FIRST TEE MIAMI Recreation DADE AMATEUR GOLF ASSOCIATION, TO BE USED AS A MATCH TO AN AMERICANS DISABILITIES ASSOCIATION ("ADA") GRANT FROM MIAMI-DADE COUNTY, TOWARDS THE PURCHASE OF AN ADA ACCESSIBLE WHEELCHAIR MINI -BUS AND FOR PROGRAM EXPENSES REQUIRED TO OPERATE THE ANNUAL SUMMER CAMP FOR THE CITY OF MIAMI DEPARTMENT OF PARKS AND RECREATION PROGRAMS, FOR PERSONS WITH DISABILITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID DONATION, FOR SAID PURPOSE. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0283 CA.5 05-00364 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT TWENTY-SEVEN (27) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES, EIGHT (8) EXECUTED WARRANTY DEEDS AND NINETEEN (19) EXECUTED RIGHT-OF-WAY DEEDS; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0284 CA.6 05-00365 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), AMENDING THE PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND THE PARKING NETWORK, INC., PURSUANT TO RESOLUTION NO. 00-92, APPROVED JANUARY 27, 2000, FOR THE PROVISION OF PARKING SURCHARGE ADMINISTRATION SERVICES; EXTENDING THE TERMS OF THE AGREEMENT, PURSUANT TO THE SAME TERMS, CONDITIONS AND PRICING UNDER THE CURRENT AGREEMENT, ON A MONTH -TO -MONTH BASIS, NOT TO EXCEED SIX MONTHS, UNTIL THE CITY EXECUTES A NEW AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0285 City ofMiami Page 8 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 CA.7 05-00366 Department of Economic Development CA.8 05-00367 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE INTERLOCAL AGREEMENT AMONG THE CITY OF MIAMI, MIAMI-DADE COUNTY, AND THE MIDTOWN COMMUNITY DEVELOPMENT DISTRICT TO ADD THE MIDTOWN MIAMI COMMUNITY REDEVELOPMENT AGENCY AS A PARTY TO THE AGREEMENT. WITHDRAWN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A SETTLEMENT, IN THE AMOUNT OF $90,000, IN PARTIAL SETTLEMENT OF THE CITY OF MIAMI'S CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI VS. DANVILLE-FINDORFF, INC., A FLORIDA CORPORATION, HAMES CONTRACTING, INC., A GEORGIA CORPORATION, AND THE SHERWIN-WILLIAMS COMPANY, AN OHIO CORPORATION IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 99-22455 CA (23), PURSUANT TO THE TERMS OF THE SETTLEMENT AGREEMENT AT MEDIATION DATED APRIL 6, 2005; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, TO EFFECTUATE THE SETTLEMENT. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.9 05-00368 Office of the City Attorney R-05-0286 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL APPROPRIATE CIVIL ACTIONS AGAINST LODAL, INC. AND CONTAINER SYSTEMS AND EQUIPMENT CO., INC. A/K/A CONTAINER SYSTEM EQUIPMENT INC. TO PROSECUTE, PROTECT AND PRESERVE THE INTERESTS OF THE CITY OF MIAMI ("CITY") INCLUDING, BUT NOT LIMITED TO, ANY ACTION AUTHORIZED BY LAW OR IN EQUITY TO OBTAIN ANY RELIEF OR REMEDY FOR RECOVERY OF DAMAGES SUSTAINED BY THE CITY RELATED TO REFUSE VEHICLE FIRES AND/OR WARRANTY REIMBURSEMENT MONIES OWED TO THE CITY FOR PERFORMING WARRANTY WORK AT THE CITY GARAGE. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.10 05-00370 R-05-0287 RESOLUTION City ofMiami Page 9 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Department of Information Technology A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 01-595, ADOPTED JUNE 14, 2001, WHICH AUTHORIZED THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH DAYSTAR, INC., FOR THE LEGISTAR SYSTEM FOR THE CITY CLERK'S OFFICE, AUTHORIZING AN INCREASE OF THE THIRD YEAR OF THE AGREEMENT FROM $12, 584 TO $22,043, AND ADDING AN ADDITIONAL THREE-YEAR PERIOD FOR SYSTEM UPGRADES AND ASSOCIATED MAINTENANCE SUPPORT SERVICES, SUBJECT TO ANNUAL INCREASES IN AN AMOUNT NOT TO EXCEED FIVE PERCENT (5%) FOR EACH FISCAL YEAR, AT A PROPOSED ANNUAL COST OF $34,000 FOR FISCAL YEAR 2005-2006, $46,000 FOR FISCAL YEAR 2006-2007, AND $58,000 FOR FISCAL YEAR 2007-2008; ALLOCATING FUNDS FOR SYSTEM UPGRADES FROM VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS AND STRATEGIC FUNDS AND ALLOCATING FUNDS FOR MAINTENANCE SUPPORT FROM THE OPERATING BUDGET OF THE DEPARTMENT OF INFORMATION TECHNOLOGY, SUBJECT TO BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SUBSEQUENT AMENDMENTS, FOR EACH FISCAL YEAR, FOR SAID PURPOSE. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.11 05-00012 Department of Economic Development R-05-0288 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AMONG THE CITY OF MIAMI, MIAMI-DADE COUNTY, AND THE MIDTOWN COMMUNITY REDEVELOPMENT AGENCY ("CRA") DELINEATING AND DELEGATING THE POWERS OF THE CRA. WITHDRAWN CA.12 05-00398 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Capital RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE Improvement FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST Programs/Transpor FOR PROPOSALS NO. 04-05-019, THAT THE FIRMS MOST QUALIFIED TO tation PROVIDE PROGRAM MANAGEMENT SERVICES FOR THE DEPARTMENT OF CAPITAL IMPROVEMENT PROJECTS AND TRANSPORTATION, IN RANK ORDER, ARE: (1) HDR ENGINEERING, INC. ("HDR"), (2) PBS&J, INC., AND (3) CSA SOUTHEAST, INC.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH HDR, THE TOP -RANKED FIRM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED AND THIRD -RANKED FIRMS, IN RANK ORDER, IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP -RANKED City ofMiami Page 10 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 FIRM; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION AND APPROVAL. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0289 Chairman Sanchez: And we go into the consent agenda. On the consent agenda, Mr. City Manager, is there any items that like -- you would like to pull or defer from the consent agenda? Joe Arriola (City Manager): Yes, sir. I would like to pull CA.7, CA.11, and I will -- and CA.13, for discussion. Chairman Sanchez: All right. CA.13 has been pulled for discussion on the Commission. Any other Commissioners would like to pull any of the items? Commissioner Winton: No, no. What all -- you pulled CA.7, 11, and 13? Is that -- Arriola: No, 7 and 11, we're going to pull, and 11, it's going to be -- I mean, and 13, is going to be for discussion. Chairman Sanchez: The purpose of discussion. Mr. Arriola: Yes. Chairman Sanchez: All right. Any other Commissioner wishing to pull any of the other items? Commissioner Winton: Yes. Commissioner Allen: Mr. Chairman, just -- Chairman Sanchez: Commissioner Allen. Commissioner Allen: I would just like to pull an item just for a quick query, an understanding with respect to -- I guess, it's CA.10. Chairman Sanchez: CA.10? Commissioner Allen: Yeah, yes. Chairman Sanchez: All right. would you like to pull that for discussion? Commissioner Allen: Yes, just a quick discussion, right. Chairman Sanchez: All right. CA.10 has also been pulled for discussion. Therefore, 7 and 11 are being pulled, and 13 and 10 are being pulled for discussion. We'll go for the purpose of discussion on CA.10. Commissioner Allen, you're recognized. Commissioner Winton: And I would like to have for discussion CA.5 and 8. City ofMiami Page 11 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Allen: If I could have -- Chairman Sanchez: OK. Commissioner Allen: Yeah. Chairman Sanchez: CA.5 is being pulled for discussion. Commissioner Winton: And 8 for discussion. Commissioner Allen: If we can have -- Chairman Sanchez: And 8, also. Let's go ahead and start with -- Commissioner Allen: Captain commuter -- computer information technology. Chairman Sanchez: Commissioner Allen. Commissioner Allen: Can I have -- oh, there he is. Chairman Sanchez: Commissioner Allen. Commissioner Allen: Great, yes. Chairman Sanchez: Excuse me. Commissioner Allen: I'm sorry. Chairman Sanchez: Can we just go down the line? Let's go to CA.5 for the purpose of discussion. Commissioner Allen: I'm sorry. Chairman Sanchez: Commissioner Winton, you're recognized for the purpose of discussion. Commissioner Regalado: We need to put the item -- the consent agenda -- Mr. Arriola: Yeah. Commissioner Regalado: -- first, right? Chairman Sanchez: Yeah. Commissioner Regalado: Oh. Chairman Sanchez: Well, we're discussing the consent agenda. First item being pulled for discussion is CA.5, which was pulled by -- Commissioner Regalado: We don't have a motion. We don't have a motion. Chairman Sanchez: All right. Let's go to CA.8. CA.8 was also pulled by Commissioner Winton; he's not here. We'll go to CA.10. Commissioner Allen -- Commissioner Allen: Yes. City ofMiami Page 12 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: -- you're recognized. Commissioner Allen: Yes, Mr. Chairman. This is actually a quick query. As I was looking at the reso. (resolution) here, not only the preliminary agenda, but the final agenda, I'm just curious. I did my own computations here. OK, we're -- the increase is 12,000 to 22,000, and the way this is drafted, I'm a little confused because that appears to me to be a 75 percent increase, and I just wonder what are we getting for that, and in addition, that the out years going forward, with respect to the new base annual cost, I added up 54 percent increase, 35 percent increase, and 26 percent increase, and that's well above 5 percent, so maybe you can provide some explanation to this. I'm just -- Peter Korinis (Chief Information Officer): Certainly, Commissioner. Peter Korinis, Chief Information Officer. First, I'd like to say that the Legistar system, when we first implemented in 2003, was a system to help build the agenda. Commissioner Allen: Right. Mr. Korinis: Since then, we have made a number of improvements, added additional capabilities. I think the most significant one is putting it up on the Internet so that anybody that has access to the Internet can look at the Commission agendas; see the results; see the background information; and we're expanding it beyond that, just this Commission -- the City Commission, to the CRA (Community Redevelopment Agency) and other boards. Now, in answer, specifically, to your question, every time we have added capabilities, we have to pay an additional maintenance -- Commissioner Allen: Right. Mr. Korinis: -- on those capabilities, which was not in the original amount, so that's why the increases you see every year, it's due to adding additional licenses and adding additional capabilities; the Internet is the best example, though, when we put it up there. We're adding more capabilities; next year, with workflow capability. Commissioner Allen: OK. Mr. Korinis: Now, specifically to your question of the five percent -- Commissioner Allen: Yeah. Is that -- Mr. Korinis: -- and what is that -- Commissioner Allen: -- an accurate count? Mr. Korinis: Five percent was just the vendor's guaranteed not to exceed amount increase year after year, if the capabilities were to stay the same. Commissioner Allen: If the capabilities were Mr. Korinis: So, in other words -- Commissioner Allen: -- to stay the same. Mr. Korinis: -- if we didn't add any capabilities -- City ofMiami Page 13 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Allen: I see. Mr. Korinis: -- added nothing, they wouldn't charge us any more next year than five percent above this year, but in reality, the large amount of increase is not due to that inflationary thing that the vendors guarantee at five percent; it's due to increased capabilities and licenses that we have added and will continue to add. Commissioner Allen: Right, so, I don't know, would you -- you would agree with me the way this is drafted -- Mr. Korinis: I apologize for -- Commissioner Allen: Yeah, when I did -- Mr. Korinis: -- the confusion there. Commissioner Allen: -- the computations, it's the -- Mr. Korinis: The dollar -- Commissioner Allen: --percentage. Mr. Korinis: -- amount includes the five percent that they could increase, but the majority of it, you're right, is additional capabilities, and I'm -- I apologize for the confusion. Commissioner Allen: OK, thank you. Vice Chairman Gonzalez: Are you done, Commissioner Allen? Commissioner Allen: Yes. Yes, Mr. Chairman. Vice Chairman Gonzalez: Commissioner Winton, you pulled CA.5 -- Commissioner Allen: Thank you. Vice Chairman Gonzalez: -- for discussion. Commissioner Winton: Yes. Vice Chairman Gonzalez: You're recognized. Commissioner Allen: Oh, yes, I'm sorry. You -- Mr. Chairman, the City Manager's correct; we have to -- Vice Chairman Gonzalez: We're going to vote on the -- Commissioner Allen: We're going to wait? Mr. Arriola: On CA (consent agenda) -- Commissioner Allen: Yeah, or do you want to wait till after we -- Vice Chairman Gonzalez: CA.10. Once we discuss all the items, then we'll vote on the entire consent agenda. City ofMiami Page 14 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Allen: Collectively, yeah. Vice Chairman Gonzalez: Yes, right. Yes, Commissioner Allen. I'm sorry, Commissioner Winton, you're recognized. Commissioner Winton: I just wanted to understand what CA.5 -- you know, I see the words, but I don't understand what's happening here. We've -- I've never seen this many dedications and such, so is this a cleanup or what -- Stephanie Grindell: Stephanie Grindell, director of Public Works. Commissioner Winton: We can't hear you, Stephanie. Pull the mike -- Vice Chairman Gonzalez: We can't hear you. Ms. Grindell: Stephanie Grindell, director of Public Works. This is as part of our normal building process. Commissioner Winton: Part of your what? Ms. Grindell: As part of the normal building process, we require that each developer give dedications. We usually accept them by resolution once a year. Last year, we had 16; this year, we have 27. Commissioner Winton: OK. Ms. Grindell: It's standard. Chairman Sanchez: All right. Before we go any further, I just want to maintain the order of the day. Commissioner Allen, was your -- Vice Chairman Gonzalez: We already discussed CA.10. Chairman Sanchez: CA.10. Are you satisfied with the -- Vice Chairman Gonzalez: Yes, he's satisfied. Chairman Sanchez: OK, and Commissioner Winton, are you satisfied -- Vice Chairman Gonzalez: Doing CA.5. Chairman Sanchez: -- with 5? Commissioner Winton: On 5, yes, and I -- Chairman Sanchez: All right, so -- Commissioner Winton: -- and then -- Chairman Sanchez: -- therefore, we go to -- Vice Chairman Gonzalez: We go to CA.10 now. City ofMiami Page 15 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Winton: 8. Chairman Sanchez: -- CA.10. Vice Chairman Gonzalez: I'm sorry, CA.8. Commissioner Winton: 8. Chairman Sanchez: CA.8. I'm sorry, CA.8. Commissioner Winton: And this is, I'm assuming, on the Orange Bowl paint job -- Chairman Sanchez: Yes. Commissioner Winton: -- fiasco; is that not correct? Chairman Sanchez: Yes, it is. Vice Chairman Gonzalez: Yes, sir. Commissioner Winton: But staff ought to be answering this, not the Chairman, by the way. Chairman Sanchez: Yes. Could we have somebody here on CA.8? Or maybe -- the settlement is the legal, so, Mr. City Attorney, could you elaborate on that? Commissioner Winton: What I'm con -- is it a -- Vice Chairman Gonzalez: CA.8. Commissioner Winton: -- City Attorney answer? Jorge L. Fernandez (City Attorney): Yes. Commissioner Winton: OK. The question, then, more specifically, is that it seemed to me when I was reading about this many, many moons ago that the real cost we were looking for, or damages, were several hundred thousand dollars, but I could be wrong, and so -- but that's what I thought I remembered, and this settlement's for ninety. Mr. Fernandez: Well, no, we have already collected $400, 000. Commissioner Winton: Oh, OK. Mr. Fernandez: This is a second settlement for 90, and we have another one pending -- Commissioner Winton: Got it. Mr. Fernandez: -- hopefully, for another 30, $50, 000. Commissioner Winton: That answers the question. Mr. Fernandez: Yes. No, we've certainly been very diligent in this -- Commissioner Winton: Perfect. City ofMiami Page 16 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Mr. Fernandez: -- and this is almost now complete. Commissioner Winton: Thank you. Chairman Sanchez: So that takes care of all, except CA.13, so let's approve all the consent agenda, except CA.13, which will be pulled for a public discussion. Is there a motion to approve -- Commissioner Winton: So move. Chairman Sanchez: -- the consent agenda? Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonzalez. It is open for discussion. Any 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. Adopted the Consent Agenda Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.13 05-00399 Department of Capital Improvement Programs/Transpor tation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AWARDING JOB ORDER CONTRACTS ("JOC") TO THE EIGHTEEN (18) LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS AS LISTED HEREIN TO CITY OF MIAMI, FLORIDA BID NO. 04-05-048, FOR CONTRACTS IN THE COMBINED TOTAL AMOUNT NOT TO EXCEED $146,000,000, FOR AN INITIAL TERM OF UP TO TWENTY-FOUR MONTHS, WITH OPTIONS TO EXTEND FOR THREE ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM VARIOUS CAPITAL PROJECT ACCOUNTS, AS MAY BE ADJUSTED FROM TIME TO TIME BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS ORDINANCES, OR AS OTHERWISE ADJUSTED AS PERMITTED BY LAW; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE AWARDED CONTRACTORS FOR THIS PURPOSE. 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-05-0290 Direction to the Administration by Chairman Sanchez to provide more field inspectors and appropriate channels to address the concerns of the residents related to capital improvement City ofMiami Page 17 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 projects in the City ofMiami; further to provide proper supervision of said projects to control cost overruns. Chairman Sanchez: And we go to CA.13. CA.13, before we open it up for discussion, let me just state that, as the Chair, on several occasions, I have clearly stated that such large expenditures should not be placed on a consent agenda. These items should be placed on the regular agenda -- Commissioner Allen: Agenda. Chairman Sanchez: -- for proper discussion and public discussion. At this time, I think the appropriate thing to do is to pull it, have a discussion from the Commission, and have some concerns that may be addressed, or pulled on the table by the Commissioners, to be answered by the Administration as to this item, so at this time, what I'd like to do is turn over to the executive director, and then we'll open it up to the Commission. Joe Arriola (City Manager): Commissioner, as I explained to some of you -- and I agree, and I'll never do this again -- the issue is that -- the reason we put it in consent agenda, we're not awarding these people any money; this is not a contract. We're not awarding a penny on this contracts. What we really should have done -- and I've talked to the City Attorney in the last day or so -- have an ability to explain what we're doing. What we're basically doing is we're approving these 19 firms so we have the ability to use them to spend the next hundred and twenty some million dollars. We're not giving them any money. We're not awarding anybody any specific contract. What we've done, we have 19 firms that have guaranteed us a set of prices that are even better than the one we've had before, so we've been able to come way ahead on the curve in this; better than the contract that we had been using from Miami Beach. This also give us the ability to use Community Development monies, which we did not have before, to a piggyback system that we were using, so truly, while it's written that way -- and again, we need to work to -- when we present this to you, to present it in a way that is a lot easier to understand. At this time, we're not awarding a single dollar to any of the 19 participants here. What we're saying is we're going to have a list of 19 suppliers that have given us a specific pricing, even better than the price we had, that -- to go out when we do go out and spend the bond money that we need to do in the different projects, whether it's the parks, the streets and roads, in anything, they're going to be the 19 people we'll use for this work. Not a single one -- we don't have to give all 19 a single dollar. If one of them gets a job and doesn't do a good job, we can pull them. This is a much easier method than we've had before. We have an existing contract now that we're canceling, which is the piggyback contract we've been using from Miami Beach, and this is just replacing that. It happens that it has more firms. I believe that, in a lot of the line items, we have done much better than before. Some of these firms, thank God, we have used in some projects that done a very, very good job, so we want to make sure that they stay in the mix, so while it looks like we're awarding 126, we're not awarding a single dollar. We basically had a method of delivery for contracts that was a little clumsy and not as efficient as we wanted it because we had used a piggyback, but now we are replacing that method with this method, and I'm truly 100 percent, and I've discussed with some of you, this is kind of a clumsy way of presenting this to all of you, but it's the way we have to under the regulations, and we were going to work on it with the City Attorney to make sure that it doesn't happen again. Chairman Sanchez: Anyone from -- Commissioner Allen: Mr. Chairman. Commissioner Regalado: Chairman, Chairman. City ofMiami Page 18 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: Commissioner Allen, Commissioner Regalado. Mr. Arriola: You know, can I say one more thing? Commissioner Allen: Sure. Chairman Sanchez: Sure. Mr. Arriola: Because I want you -- to also explain the method we used. We heavily advertised this. We had seminars on this. We had over a hundred participants. Chairman Sanchez: I don't think anybody's questioned the procurement process. Mr. Arriola: No, no, no, I know, but I want to tell you how elaborate we went through this process to make it fair. We had over a hundred participants in our discussion, so we were very, very, very, very inclusive through the whole process to make sure that this not only would come up with the very best firms, but also that we included everybody, every participant that was available. Commissioner Allen: Right. Chairman Sanchez: Commissioner Allen. Commissioner Allen: Yeah, I was just going to comment -- in fact, Mr. City Manager just pretty much answered one of the questions I was going to ask, and I appreciate that, but -- and, Mary, in your presentation, is there any way, if you could, quantify the 126 million, as to why we have this projected figure, and give us some idea as to, you know, whether or not that's a hard and fast number, or is it just a -- Mr. Arriola: I could tell you that, Commissioner. Commissioner Allen: -- financial projection? Mr. Arriola: That's the money we have left to spend -- Commissioner Allen: For public purpose. Mr. Arriola: -- from the first tranche of the bond -- Commissioner Allen: Right, from the first tranche -- Mr. Arriola: -- issue. Commissioner Allen: -- of the series, right. Mr. Arriola: As -- we'll do a presentation today on some projects we're presenting today. Commissioner Allen: Right. Mr. Arriola: Each one has a certain amount of dollars -- Commissioner Allen: Correct. Mr. Arriola: -- attached to it; not a single one of them is with any -- I mean, is attached to any City ofMiami Page 19 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 partic -- anybody particular here, even though we are going to use some of those people for the projects that we've got going, but if you want a breakdown of the monies, we'll be delighted to give you a breakdown on the bond, but it -- most of those bonds have been already advertised, and we have a list where the monies are going to. Commissioner Allen: Right. I just wanted something on the record indicating that -- Mr. Arriola: Yes. Commissioner Allen: -- so -- the quantification of it, so people don't think this is just a cash cow and they can just look -- Mary Conway (Director, Capital Improvement Projects/Transportation): Certainly. Commissioner Allen: Right. That's -- Mr. Arriola: No, no, no, no. Commissioner Allen: -- great. Mr. Arriola: This is something that we've had in the books for a while. This is just a better method to deliver, and it also allows to mix, at times when we have a shortfall or we have a need -- especially in your district, it's going to be beneficial -- is be able to allow to use Community Development dollars for some of those projects that before the federal government would not let us use it because we were using a piggyback contract -- Commissioner Allen: Piggyback, right. Mr. Arriola: -- and they were very much against that. Commissioner Allen: And, therefore, we can get things done expeditiously -- Mr. Arriola: Yes, sir. Commissioner Allen: -- correct? Ms. Conway: Exactly, and we also -- Mary Conway, CIP (Capital Improvement Projects) and Transportation Director, not only does it give us the flexibility to get things done more quickly, but we also save a lot on the upfront administrative fees associated with having to put out individual advertisements for 50 or 70 projects, and on the back end, we feel strongly that we'll be saving dollars also. We got a very successful experience with a project already that required change or -- that required numerous field changes, and that project will be a project that's delivered on time. We have very successful track record and performance with the job contractors on board to date that we have not received any delay claims or request for change orders, so we feel that we're saving money on administrative costs, as well as, because this is a performance based system, on any potential supplementals or delay costs that we might typically have through a normal design -bid -build procurement scenario. Commissioner Allen: And we do have a mechanism in place with respect to enforcing the first source hiring arrangements -- Mr. Arriola: Oh, yeah. Commissioner Allen: -- and the minority participation arrangements? And at some point, I City ofMiami Page 20 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 guess, I can get with you guys a bit later to determine just how many of these firms are locally based, and how many are outside the City bounds. Mr. Arriola: Absolutely. Commissioner Allen: I'm pretty sure those things -- Ms. Conway: I actually would be happy to pass out two reports to you right now that address, of the firms that are before you, which of the firms are black -owned firms; those would be APAC and BMA Construction; woman -owned firm is CW Construction; Hispanic firms are F&L Construction, Metro Express, Southeast Engineering Contractors, Trans Construction, and Unitech Builders; and there are also two other firms, Carivon and AML, that have not yet been certified with the City, but do have County or Department of Transportation certifications. In addition to that, I have a report on the Miami Beach job order contracts that will be phased out as we move to our own contracts, and I'll also hand out this report that shows you, of the dollars that we've committed to date on job order contracting, what the percentage breakdowns are for black -owned businesses, Hispanic -owned businesses, as well as -- Commissioner Allen: Women -owned. Ms. Conway: -- women -owned businesses. Commissioner Allen: Minorities, right, right, OK, and of course, again, it will reflect first source hiring arrangements, as well. City ofMiami residents will have preference in terms of being employed -- Ms. Conway: We're -- for new employment opportunities, yes, and then we're also focusing on using local City ofMiami vendors in addition to minority vendors for subcontracting services, and we'll be tracking all three. Well be tracking new hires; we'll be tracking use of City of Miami firms, and use of minority or disadvantaged firms. Commissioner Winton: That's outstanding. Commissioner Allen: Great job, City Manager. Commissioner Winton: That's outstanding. Commissioner Allen: Thank you, Mary. Great job. Chairman Sanchez: Commissioner Allen, are you done, sir? Commissioner Allen: Yes, sir. Chairman Sanchez: All right. Commissioner Allen: I'm sorry. Chairman Sanchez: Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. On the agenda is the number of companies is 16; the substitute is 18, but the Manager mentioned 19. Mr. Arriola: I might have made a mistake. I -- City ofMiami Page 21 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Regalado: OK. Mr. Arriola: I'm sorry, Commissioner. I thought it was 19, but you know, I'm getting -- Commissioner Regalado: No, that's -- I just wanted -- Mr. Arriola: I'm getting a little old, you know. I'm almost -- Commissioner Regalado: That's OK. Mr. Arriola: -- your age. Commissioner Regalado: We all are. No, that's OK. I -- at the -- Mr. Arriola: Eighteen. Commissioner Regalado: The other question is, the two that filed the bid protest are the two that are being included? Mr. Arriola: Yes, sir. Commissioner Regalado: OK. Mr. Arriola: And it was on a technicality. We got a clearance from the City Attorney, so we're -- they're good firms and we're delighted to have them in the group. Commissioner Regalado: And just the last question is, this -- does this go to the oversight board, in terms of approving the concept, too? It doesn't? Mr. Arriola: It doesn't have to, no, sir. Commissioner Regalado: It doesn't have to. OK. Chairman Sanchez: All right. I have a couple of questions, but before I ask the executive director questions on this -- you know, this is a repetitive practice from the CIP, and I've made it very clear, as the Chair, that we do have -- a responsibility here is that we do have a fiduciary responsibility, and a responsibility of best business practices that government should conduct. Having said that, the perception that's sent out that we need to clarify is that I want to make sure that I hear from you that we are not putting out $126 million worth of contract, because that's the perception that's out there. Commissioner Allen: Right. Chairman Sanchez: So, Mr. Manager, you need to state on the record that this legislative action does not put out $126 million on a consent agenda item. Mr. Arriola: Absolutely not, sir. Commissioner Allen: Great. Right. Chairman Sanchez: Now the other question that I have is the replacing of the Miami Beach contract with the JOC (lob order contract), what's the advantages to the City by us doing that? Mr. Arriola: Well, the biggest advantage -- I mean, there's two: First of all, we've got great City ofMiami Page 22 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 pricing. We were able to -- because we went so global, and we included everybody, and we had seminars -- and I cannot tell you what a great job these people did in Purchasing; I mean, putting this -- it's not easy getting a hundred builders involved in this process. They did a great job, so our pricing is better. The big thing, and I think that Commissioner Gonzalez and Commissioner Allen, and all of you, really -- but, in particular, those two that got hurt, if you want to say, in the last few months because we couldn't -- under this condition, we could not use Community Development dollars when they were available. Now, there's absolutely no reason and no excuse for it. Once you approve this, we'll be able to use CD (Community Development) money for some of the street improvement and neighborhood improvement that we couldn't do before, so that alone -- as a matter of fact, you will see in our next Commission meeting, I think, I will bring some contracts already for certain projects in both your districts that had been kind of like in the background because we didn't have the money that we'll be using money. Chairman Sanchez: I have not questioned the bidding process. I think the bidding process is very clear. Mr. Arriola: Yes. Chairman Sanchez: Now, having stated that, I do want to add that because of all the projects that are ongoing in the entire city, and we're talking about millions of dollars, every Commissioner has taken an interest in their project to make sure that their projects are completed and being done properly, so we don't have duplication of services -- Mr. Arriola: Yeah. Chairman Sanchez: -- making sure that our projects are not overbid; in other words, they're over budget, in a way, and one thing that I'd like to see is that we need to focus on more field -- Mr. Arriola: Yes. Chairman Sanchez: -- inspectors or supervisors on these projects because, although I drive my district -- and all the Commissioners here drive their districts to supervise their projects -- it is the responsibility of the project -- Mr. Arriola: Yes. Chairman Sanchez: -- manager, or the field operator to be on top of these projects, not only to make sure that they're being done properly, but to address the concerns of the residents -- Mr. Arriola: Yes. Chairman Sanchez: -- that have questions pertaining to all these major projects because nobody's going to dispute the fact that if you drive around our city, you're seeing progress in the making because we have the ability and the funds to beautify our city, improve the quality of life, and make it a better city for all, but, however, we need to make sure that those filtering process are there to make sure their questions are answered, projects are being properly supervised, and we don't end up spending unnecessary dollars on projects on overrun, inefficiency, and other factors that fall in place. Commissioner Allen: Right. Mr. Arriola: I couldn't agree with you more. I mean -- and I've discussed with all of them. We do need to do that, and we're going to do that because, you know, at the end of the day, what City ofMiami Page 23 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 happens is we have several -- and they're all good suppliers, believe me -- but we have some that are exceptionally community -oriented; that they actually go out and talk to the neighborhood, and you know, talk to the people and get people involved, et cetera, et cetera, and people are very happy. We have some other ones that are good, but don't have that ability, and you know, it kind of falls on us, and I couldn't agree with you more. We'll make sure -- we'll get the right people out there because it -- while you're doing the work, sometimes it's disruptive, and we get some backlash for it. Chairman Sanchez: Commissioner Allen. Commissioner Allen: Yes, Mr. Chairman. You just brought up a very interesting point. You said something very operative about -- as I mentioned earlier, the amount of money out there, and ifI may speak in the vernacular. In this industry, I just don't want these guys to assume that -- the word gets out on the street that, well, they got -- the City has to spend $126 million, so we hire these guys, and next thing you know, we find that these guys say they can't complete the project; they need more money; they come back for change orders because, well, the City's got 126 million, they can take care -- I want to make sure that we have some mechanism in place where -- Mr. Arriola: Absolutely. Commissioner Allen: -- they don't get that impression that -- and -- Ms. Conway: Certainly. If I -- Commissioner Allen: Could you -- Ms. Conway: -- just for the record -- Commissioner Allen: Yeah, how -- Ms. Conway: -- ifI can explain briefly how this contract is structured. Commissioner Allen: Yes. Ms. Conway: Again, it's a performance based system -- Commissioner Allen: Correct. Ms. Conway: -- the City is under. While this item will give us authority to assign contracts and projects to these vendors, the City has absolutely no obligation to make any project assignments to these vendors. If we make an initial project assignment and they don't perform successfully; they don't meet our time frames; they're coming back with requests for change orders or additional monies -- Commissioner Allen: Requests. Ms. Conway: -- the City will not go to that particular vendor for any future assignments, so we have maximum flexibility using the job order contracting delivery system, and we also have the ability to -- which is the why the one report where we're tracking local employment, use of local firms, and minority firms to encourage and to request that, as well. Commissioner Allen: So, Mr. City Manager, so we do have the staff to put those control mech - - quality control mechanisms in place; is that what you're saying? City ofMiami Page 24 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Ms. Conway: Absolutely, and we're doing -- Commissioner Allen: We have -- Ms. Conway: -- that now on a project -by -project assignment. Mr. Arriola: Yeah. The one thing we lack, and I -- you know, and I've said this before to Mary and (UNINTELLIGIBLE) -- what we really lack is field communication, if that's the word. Commissioner Allen: Right. Mr. Arriola: Guys out there in the field, you know, making sure that a lot of these things happen. A lot of the things are happening anyway, but I think where you -- the Commissioners need, you know, that information, that push, or that community thing, and kind of like the watchful eye -- Commissioner Allen: Right. Mr. Arriola: -- that I don't have to have Chairman Sanchez, who calls me constantly, and Gonzalez, who calls me every hour on the hour. You know, you don't -- that's not your job. We should -- we really -- they should have people out there, and that, we're lacking, but all the other controls, we have in place. Commissioner Allen: OK, and one last inquiry. Now, of course, it's not our duty, as a Commission, to micromanage, but you said something else operative earlier; the fact that it's in your discretion to select the companies that will take on the various projects, be it horizontal or vertical, correct? Ms. Conway: Yes. Commissioner Allen: So is there some sort of control in place whereby there will be a fair distribution of the work to all of these particular contractors, because I don't want to get people calling my office saying, I haven't had any work. I'm on the list. They're being unfair to me. Ms. Conway: Right. Commissioner Allen: I haven't had work in the last two years, and -- Ms. Conway: Right. Commissioner Allen: -- the amount of work they're giving me is -- versus this guy, and so forth, because we will run into those issues. I do know that, so -- Ms. Conway: Absolutely. We will be tracking that internally. Now the only -- I would answer yes, with a few caveats. The caveats being that if a particular firm cannot bond to the level that we need them to, then they would not be under consideration. We've already experienced that with the Miami Beach job contractors, where we started with seven initially, and two of them fell off because they couldn't meet our bonding requirements. If they've received significant other contracts with other agencies -- the State, the County, other municipalities -- and they can't deliver on the time frames, but, yes, we will try to distribute the work as equitably as possible -- Commissioner Allen: Right. City ofMiami Page 25 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Ms. Conway: -- within certain constraints, and making sure that the firms can deliver on the commitments that we need them to. Commissioner Allen: Right, and you just said something else operative, and I'll begin to close, Mr. Chairman, because, as you very well know, you mentioned several minority -based contractors that are on this list. There will be some insurance -- because it is known in the industry that sometimes these smaller firms or disadvantaged firms cannot be bonded, and you said something very operative there, that they won't be selected, so perhaps, there may be -- if you find a problem where a company may not make the bondable threshold that you're looking to, but yet, they produce quality work, is there a possibility they can joint venture with someone within the structure of the 16 -- or 18 contracts, whereby they can be guaranteed some level of work, because we want to make sure we employ these individuals and do a equitable distribution, because I don't want anyone coming back to my office saying, they're telling me because I'm a black firm, I'm not bonded, on and on and on. Because I'm telling you in reality, we get these sorts of calls and those concerns -- Ms. Conway: Yes. Commissioner Allen: -- those types of concerns. Ms. Conway: I can tell you that the firms that are on the list have the capacity to bond to the limits that we're talking about. Commissioner Allen: Right. Ms. Conway: The issue with bonding really becomes an issue when they have multiple assignments. Commissioner Winton: Correct. Commissioner Allen: Assignments, right. Ms. Conway: So they -- they'll be able to do work for the City, but they may not be able to do four or five projects simultaneously if they can't come up to the bonding level for all of those assignments. That doesn't mean that they won't be able to perform assignments and work for the City; they will. Commissioner Allen: Right, and you guys have vetted these individuals. They all have a -- Mr. Arriola: Yep. Commissioner Allen: -- capacity to work for us, to carry out our projects going forward. Ms. Conway: They have all -- they -- all of these firms have met all of the qualification requirements that were set out in the advertisement. Commissioner Allen: OK, because I just don't want these guys -- all of a sudden, they've been selected, and then they just go grab guys off the street, who don't have certain skill sets -- Mr. Arriola: No. Commissioner Allen: -- and then we find ourselves in a -- City ofMiami Page 26 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Mr. Arriola: No. Commissioner Allen: -- conundrum again, if you will. Mr. Arriola: This is a pretty good list. This is -- Commissioner Allen: It is? OK. Mr. Arriola: Oh, yeah. This is a good list. Commissioner Allen: I'm satisfied then. Ms. Conway: A very good list. Mr. Arriola: But the one and only thing is that some of them will not be able to handle three or four projects, but a single project for these singled out ones we're talking about, everyone can do it. Chairman Sanchez: All right. Commissioner Allen: OK. Chairman Sanchez: Any further discussion -- Commissioner Allen: Well -- Chairman Sanchez: -- on the item? If not, is there a motion to approve Consent Agenda 13? Commissioner Winton: So move. Commissioner Allen: So move. Chairman Sanchez: There's a motion by Commissioner Winton; is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Commissioner -- Vice Chairman Gonzalez. It is open for discussion. Ms. Conway: Commissioner -- Chairman Sanchez: Anyone from the -- Ms. Conway: -- I'd like to just add that what I handed out was a substitute item is increasing the item that was in your original package from 16 firms to 18 firms, just so that it's on the record that you're voting on the substitute item that includes two additional contractors for street projects. Chairman Sanchez: Now, let me just ask another question before I close. If we approve this, would the future projects be brought back to the Commission for approval? Mr. Arriola: No. Chairman Sanchez: They will not? City ofMiami Page 27 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Mr. Arriola: Nope. Chairman Sanchez: OK. Ms. Conway: Well have the authority, but what we will do is provide you with monthly reports. I've directed staff that the reports that we provided today that deal with use of local firms, minority firms, hiring, as well as the assignments of contracts to each individual firm, that by the first of each month, we'll provide you with reports. Commissioner Allen: Right, so -- Vice Chairman Gonzalez: Well, I -- Chairman Sanchez: I think, at the end of the day, the Commissioners, the Administration, the staff nobody wants to be painted into a corner; that's the bottom line here. Vice Chairman Gonzalez: Mr. Chairman. Chairman Sanchez: Commissioner Rega -- I'm sorry, Vice Chairman Gonzalez. Vice Chairman Gonzalez: What I understand is that the projects that they're going to build are the projects that were approved -- Mr. Arriola: Yes. Vice Chairman Gonzalez: -- under the bond. Mr. Arriola: Yes. Commissioner Allen: Right. Vice Chairman Gonzalez: It was approved by the voters of the City ofMiami. Commissioner Allen: Correct. Mr. Arriola: Yeah. Vice Chairman Gonzalez: So, you know, if they don't deviate from those projects that were approved by the people ofMiami, I don't see why they have to come back to the Commission every time they're going to do a project. I mean, they have to go by what was approved by the voters. Chairman Sanchez: But the Commissioners should be -- Vice Chairman Gonzalez: Informed. Chairman Sanchez: -- informed -- Vice Chairman Gonzalez: Informed, yeah. Mr. Arriola: Of course. Chairman Sanchez: -- and reviewed. City ofMiami Page 28 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Vice Chairman Gonzalez: Right. Commissioner Winton: Absolutely. Mr. Arriola: And not only that, and you approved all the CIP projects, so, I mean, that's where Chairman Sanchez: Because the problem that we're having, whether we like it or not here, is that sometimes the right hand doesn't know what the left hand is doing. Mr. Arriola: Yes. Chairman Sanchez: Basically, because all the projects that are going out. We went out; we promoted the bond; we got the bond. We got all these projects, and then we said, how do we get them accomplished. Vice Chairman Gonzalez: Not only that, not only that; that, you know, until they improve their supervision -- Mr. Arriola: Yeah. Vice Chairman Gonzalez: -- of projects, we need to be informed of what they're doing because Mr. Arriola: Of course. Vice Chairman Gonzalez: -- in my district, there is about four or five projects that are going on I realize is not City ofMiami, but City ofMiami Public Works should know about it because they're WASA (Water and Sewer Authority) projects and they have to get a permit from the City ofMiami. I haven't been informed, and I'm driving by, and I'm seeing these street being -- you know, trenches being up on this street. I'm asking what's going on, and as the Manager says, I'm going by my projects. By the projects in my district, I'm going sometimes twice a day. Why? Because I know that we don't have enough supervision, and before a big problem comes up, I want to be aware of what's going on so I can at least talk to my constituents and tell them, you know, what's going on; what is going to be done, you know; what the possible inconveniences are going to be, and try to keep, you know, people at peace. Commissioner Allen: Right. Vice Chairman Gonzalez: So, until we have more supervision, yeah, we need to know what's going on. We need to be informed. Mr. Arriola: Yeah, of course, of course. Commissioner Allen: If I may, Mr. Chairman. In furtherance of what -- Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: -- yeah, in furtherance of Mr. -- Commissioner Gonzalez says, I certainly agree with you, Commissioner. Maybe, Mary, we can just speak virtually hypothetically here. You get some of these projects, again, you guys indicated earlier that we have sufficient capacity staff to help carry out what -- City ofMiami Page 29 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Mr. Arriola: Yes. Commissioner Allen: -- right, so, hypothetically, let's say a person is doing one of those horizontal projects out there, infrastructure and so forth. How would the City -- Ms. Conway: Address that? Commissioner Allen: -- yeah -- appoint a person, staff member; make sure those guys are out there. Ms. Conway: You approved -- this Commission approved last year 23 firms to provide inspection services. We have already -- we are already using several of those firms to assist us with inspection. We just are in the process of finishing interviews of each of those firms. We will be assigning one of those firms -- we'll be maximizing the use, first and foremost, of the five City inspectors that we have. Above and beyond that, we will be using each of those construction inspection firms and assigning them to various projects, and they will be under contract with a work order assigned to them before we assign the construction contract, so we have the mechanism in place to make sure that we've got field inspectors, and we do need to do a better job about communication and how we're keeping you informed as to what's happening. Regarding the coordination with Miami -Dade Water and Sewer, that's an item that came up previously. We actually met with Miami -Dade Water and Sewer director and staff yesterday afternoon, and we'll be having a follow-up meeting with them in the next probably three or four weeks, where we actually have an entire map of the City and have overlaid, using GIS (Geographic Information System) data, their planned projects, whether it's a capital improvement or just a repair -- Commissioner Allen: Right. Ms. Conway: -- with our proposed plans, so that we can coordinate, and if we need to shift our projects in or out, and they need to do the same, we are doing that coordination now. Vice Chairman Gonzalez: It only makes sense. Commissioner Allen: Yeah. Ms. Conway: Absolutely. Commissioner Allen: And maybe, as a suggestion, as a -- from a policy perspective, we might want to have these outsourced inspectors submit to the respective Commissioners in their district, perhaps on a monthly or quarterly basis, you know, how are these projects proceeding; what's -- that sort of thing. I -- is -- Ms. Conway: We have that available right now. Commissioner Allen: And they can submit it to our office and make sure it gets to our office, so that we -- Ms. Conway: We have -- we've created individual, single page sheets for construction updates on every single capital project. Right now, we have that posted on a shared server. We're working to get it posted on the Intranet, so that Commission staff NET (Neighborhood Enhancement Team) offices, the Manager, and anyone else who's interested in seeing -- Commissioner Allen: OK. City ofMiami Page 30 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Ms. Conway: -- status on projects, will be able to see the latest information, and we'll be updating those sheets on a monthly basis, so we already are working on that. Commissioner Allen: OK, I look forward to doing it, and so, and lastly, I guess, in effect, what we are approving, just the selection of these particular contractors, not that ballpark figure that's been banded about, right? Commissioner Winton: What ballpark figure? Commissioner Regalado: Excuse me. Vice Chairman Gonzalez: We're not approving, you know -- Commissioner Allen: One twenty-six million. Vice Chairman Gonzalez: We're not approving any money. Commissioner Winton: What is 126 million? Commissioner Allen: Right. Vice Chairman Gonzalez: What we're approving is a change -- Commissioner Allen: In -- Vice Chairman Gonzalez: The City has selected a group of contractors from Miami Beach; we're canceling that, and we are hiring -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- new contractors. All we're doing is swapping -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- contractors, with the ability, as I understand, with the ability that by doing this change, now we can use CDBG (Community Development Block Grant) money to do projects, additional projects that we wanted to do and we didn't have the funding to get them done, so that's what -- Chairman Sanchez: All right, so we maintain the record, there's a motion and a second. Commissioner Allen: Right. Chairman Sanchez: It's still under discussion. Commissioner Allen -- Commissioner Allen: Yeah. Chairman Sanchez: -- you're recognized. Commissioner Allen: Just one other thing. Chairman Sanchez: Commissioner Regalado, and then we'll vote on it. Commissioner Winton: And then I'm going to call the question. City ofMiami Page 31 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Allen: Because I really admire my senior members, my Commissioners because, Commissioner Gonzalez, you are saying some operative words. Obviously, now we'll be able to use CDBG money. Now, that can be a, if you will -- Vice Chairman Gonzalez: It's a plus. Commissioner Allen: -- pretty -- it's a plus, and then also, there's a downside to that because then that means that the City Manager and each district Commissioner have to work hand in hand, synergy, to determine the use of that CDBG money. Because, particularly in my district, there is a dire need for that for economic improvement. I don't want to do -- just take a whole swath of money and say -- no, let's go do a, if you will, horizontal infrastructure, when that not be the best interest in my community to do something vertically, you follow me? And then I just don't want to leave that at the discretion of the City Manager's office without my input; that's my concern. Vice Chairman Gonzalez: But, Commissioner Allen -- Mr. Arriola: That never happens. Vice Chairman Gonzalez: Mr. Chairman -- Commissioner Allen: Yes. Vice Chairman Gonzalez: -- if you allow me, let me give you a perfect example of using CDBG money. I made a motion to use CDBG money to do three streets in your project -- in your district, 37th Street and 38th Street. Commissioner Allen: Right. Vice Chairman Gonzalez: And then I pushed the issue to extend it to 39th Street, something that hasn't been considered. It wasn't considered to be -- to do 39th Street, so you know, that's the advantage of being able to use additional source of funding that you can do additional projects -- Commissioner Allen: Correct, correct. Vice Chairman Gonzalez: -- that haven't been projected, so you know, you are one that has taken advantage of this change in your district, as, you know -- Commissioner Allen: OK. Vice Chairman Gonzalez: -- is taking advantage of the system -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- that, you know, thanks to these -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- the system, you're going to be able to get one street done in your - - one additional -- Commissioner Allen: Right. City ofMiami Page 32 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Mr. Arriola: One of the -- Vice Chairman Gonzalez: -- project done in your district. Commissioner Allen: Right. Mr. Arriola: -- other things that you have available now is, you know, you guys, in all of your districts have different projects that are ready to go and you fund it. Commissioner Allen: Correct. Mr. Arriola: As you know, Commissioners, every once in a while, some additional -- for many reasons, some additional funds come in from CDBG, whether we had to defund a project, a project didn't go through -- Commissioner Allen: Right. Mr. Arriola: -- we collected a lot of money from a past, you know -- Vice Chairman Gonzalez: Right. Mr. Arriola: I don't want to go into that. I mean, it's a whole bunch of things. This is here and now. You have the ability to say, wait a second. We could swap dollars. Commissioner Allen: Yeah. See, that's -- Mr. Arriola: You could do -- Commissioner Allen: That's a double-edged sword; that's what I'm saying. Mr. Arriola: No, it isn't. It's the greatest thing in the world. Commissioner Allen: To some extent, wouldn't you agree? Mr. Arriola: I don't think so. Commissioner Allen: OK. Mr. Arriola: The greatest thing is swapping dollars, you get to dip twice. Commissioner Allen: Well, that's true, and (UNINTELLIGIBLE), because the primary source of financing is from the bond series, of course. Mr. Arriola: Sometimes, sometimes not; sometimes from -- Commissioner Allen: Right. Mr. Arriola: -- the half a penny tax, sometimes from a whole bunch of things, but if we have the monies available, they become -- Commissioner Winton: Enough. Mr. Arriola: A lot of times, you see -- in -- I know you haven't been here for a while, but the City ofMiami Page 33 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 truth of the matter is we have a project we've allocated $3 million, and the project stops for who knows what reason, and also we have to spend the $3 million because we have to, and now you're going to have the ability to say, Commissioner Regalado, you got a project for $800, 000, let's move that money in there. Gonzalez, you have 700, 000, you know, and you move it around. You cover yourself by that expenditure, but you also have that money available. When the next funding cycle comes in -- Commissioner Allen: Right. Mr. Arriola: -- we also consider -- say, wait a second. We took money from him to fund those projects. Now we have to go back and do the circle, and you will get the funding, so it's -- you know, it's kind of like a constant moving up and down, so -- Vice Chairman Gonzalez: You have more flexibility. Commissioner Allen: OK. Commissioner Regalado: Yes. Just a brief -- Vice Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: -- brief comment. I would like to fully agree and disagree with some of the things that have been said here. I fully agree with the selection of the system. I think the Administration has been intelligent in doing this because it will expedite a lot of works, and -- butl disagree with the role of the City Commission that has been portrayed. I understand that what I'm doing today here is voting on $126 million package that I, as a member of the City Commission, am giving full authority to the Administration to pick and choose among those companies whoever they want, whatever they want, whenever they want. The only thing that we will get in the future is information, so for me, this is a major vote because I am approving -- and I would not, I'm sure, discuss the $126 million plus because contracts can be extend in the future. I understand that. That's the way I understand it, and I fully agree. I support the system. I think it's very intelligent, but what we're doing here is voting on $126 million of full authority to the Administration. Mr. Arriola: Well, let me explain something. Commissioner Allen: I didn't know that -- Mr. Arriola: You're -- Commissioner Allen: -- and I'm glad you pointed that out. Mr. Arriola: Wait, wait. No, no, no, no, no, no, no, no, no. Commissioner Winton: Excuse me. Mr. Arriola: Let me explain because that's -- you already approved to spend $127 million -- Commissioner Allen: Right, that's already been -- Mr. Arriola: -- in this project. I mean -- Commissioner Allen: Right. City ofMiami Page 34 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Mr. Arriola: -- I -- voters voted for it; you approved it. You said, I'm going to spend $5 million in "X, " "Y, " and "Z; " $2 million in Grapeland, 5 million -- you already done that. You have already done that. What you're doing now is giving me the authority, with these 18 companies, to divvy up all that work with the 18 suppliers; that's what you're doing. Commissioner Winton: Well, I'm -- Mr. Arriola: Now, you could technically say whatever -- however you want to describe it, and Mary's saying actually it'll be -- might be up to $146 million. Ms. Conway: Because -- Mr. Arriola: And you already approved the projects. I didn't approve the project. You already said, I'm going to spend $20 million in -- and I'm just using a round number -- $20 million in Grapeland, and I'm already using $25 million in Little Haiti Park, and I'm already using, in Jose Marti, 10 million. You approved that already; that's not me. You've already approved that. What I'm doing is bringing you the 18 companies that are going to help us get those things built. Commissioner Winton: And I see it -- Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Winton: And I see it as one additional very significant benefit, and that is, we're going to be able to finally fast -track the -- Mr. Arriola: Yes, sir. Commissioner Winton: -- development of these projects that our voters were promised in 2001. Vice Chairman Gonzalez: You're right. Commissioner Winton: So I couldn't agree with you more, Mr. Manager, or Mary, and Commissioner Regalado. I think the system is darn good. It's a smart way to do it, and we have approved every single one of these line items -- Commissioner Allen: Right. Commissioner Winton: -- and our voters approved every one of these individual line items, and now then we're finally going to deliver on what we promised the voters we would do back in 2001, so I'm thrilled, and with that, call the question. Chairman Sanchez: All right. The question has been called. That's CA.13. There's a motion and a second on the record, Madam Clerk. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Allen: One last question. I just want to make perfectly sure, guys -- Commissioner Winton: I thought I called the question. Commissioner Allen: Right, I know. Chairman Sanchez: Question has been called, Commissioner -- City ofMiami Page 35 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Allen: I'm sorry, Mr. Chairman, but -- Chairman Sanchez: -- Commissioner Allen. Commissioner Allen: -- again, we were approving the selection of these particular contractors, right? Are we also approving that specific quantified amount, because if so -- Mr. Arriola: No, sir. Commissioner Allen: -- Mary has given us a different -- just -- Mr. Arriola: No, sir. We have not given -- Commissioner Allen: Oh, OK. Mr. Arriola: -- specific -- Commissioner Allen: Understand, right. Mr. Arriola: -- amount to any particular -- Commissioner Allen: Correct. Mr. Arriola: We've got 18 people. Listen -- Commissioner Allen: Right. Mr. Arriola: -- it could end up -- no, I shouldn't say that because it'll come back and haunt me. It could end up that 10 of them get it; 18 of them, 17; one will get 10 million; the other one will get 9, you know. Forget about it. I mean, this -- Commissioner Allen: Right. Mr. Arriola: What I've said is what's on the record. Commissioner Allen: All right. Because -- with all due respect, because you've said something, yes, this has already been approved; the money's been allocated, but then we start off with 126 and now I'm hearing 146 million, so -- Commissioner Winton: She said 146 because they add -- Commissioner Allen: -- that has to be cleared up for my -- Mr. Arriola: That was my mistake. Commissioner Winton: -- they added two -- Mr. Arriola: I used the wrong number. Commissioner Allen: That has to be cleared up for me. I mean, I'm hearing two -- Ms. Conway: The substitute item -- the original item that was part of your package -- City ofMiami Page 36 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Allen: Right. Ms. Conway: -- was for 16 firms. The substitute item added two additional firms in the street category; that is why it is increased from 126 to 146. Commissioner Allen: All right. Ms. Conway: Because of the addition -- Vice Chairman Gonzalez: All right. Ms. Conway: -- of two additional firms. Commissioner Allen: OK. Vice Chairman Gonzalez: Move it. Chairman Sanchez: The question has been called. There's been a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, Madam Clerk, it's unanimously. Priscilla A. Thompson (City Clerk): And it is a modified resolution. Chairman Sanchez: Yes. Commissioner Allen: Right. Commissioner Winton: Yes. Chairman Sanchez: As amended. OK, let's -- Mr. Arriola: Thank you. Commissioner Winton: Mr. Chairman. Commissioner Allen: Right. Commissioner -- Chairman. Commissioner Winton: May I say one -- Commissioner Allen: Mr. Chairman. Yes. Before Mary leaves the item, I have an item I'd like to just address -- Chairman Sanchez: Sure. Let's -- Commissioner Allen: -- at some point. Chairman Sanchez: I believe you have a question on an item -- Commissioner Allen: Yes, a question, right. City ofMiami Page 37 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: -- that has already been approved -- Commissioner Allen: Yeah, just -- Chairman Sanchez: -- but you have a question. Commissioner Allen: -- an inquiry. Commissioner Winton: Yeah. Commissioner Allen: A point of inquiry. Chairman Sanchez: Well allow you the opportunity. Commissioner Allen: Yes. Mr. Chairman, this is with respect -- Mary, if you will. This is the item, CA.13, that we passed early this morning. I would just have a little more concerns, and if you can just clear some things up for me. With respect to the number of contractors and the projected amount -- I believe it was one hundred -- one forty-six million, give or take, whatever that is -- I forgot to ask whether or not, does that delineate both hard costs and soft costs, or is that just hard costs? Mary Conway (Director, Capital Improvement Projects & Transportation): This is strictly related to actual construction costs -- Commissioner Allen: So we're talking about hard costs. Ms. Conway: -- for construction. Hard costs. Commissioner Allen: So is there a possibility with some of this that there will be some factoring in of soft costs? Because I'm concerned, if not, then it will be -- potentially be any shortfalls going forward or anything. I'm just -- Ms. Conway: The soft costs are addressed as part of the capital improvement plan that you've already approved. Commissioner Allen: All right, so -- Ms. Conway: This is strictly the hard costs portion. Commissioner Allen: -- we're OK there? But it won't be any issue of a potential shortfall or anything in terms of funding these -- Ms. Conway: No. Commissioner Allen: Right. Ms. Conway: No. Commissioner Allen: OK, and that's fair enough for me. Thank you. Chairman Sanchez: All right. END OF CONSENT AGENDA City ofMiami Page 38 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 PERSONAL APPEARANCES PA.1 05-00273 DISCUSSION ITEM REPRESENTATIVE(S) FROM THE OVERSIGHT COMMITTEE FOR THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES TO ADDRESS THE COMMISSION CONCERNING THEIR FINAL REPORT. DISCUSSED Chairman Sanchez: All right. PA.1 is going to be time certain in the afternoon, as well as PA.2 and PA.3; they're all going to be heard this afternoon. Chairman Sanchez: Let's go ahead and get the CRA's (Community Redevelopment Agency) Advisory Board to give us a report. That is what item, P -- let me just gather my notes here. Vice Chairman Gonzalez: PA.1. Donald Butler: Good afternoon. My name is Donald Butler. Chairman Sanchez: Yeah. I'm sorry, Donald. Mr. Butler: I'm the chairman of the -- Chairman Sanchez: I was going to introduce you. Mr. Butler: I'm sorry? Chairman Sanchez: I was going to introduce you, but I was -- Mr. Butler: Please. Chairman Sanchez: -- going through my notes. Mr. Butler: OK. Chairman Sanchez: The Chairman of the CRA Oversight Board, is here to present the report. Mr. Butler and David Marko. Commissioner Winton: It's all yours. Chairman Sanchez: Please state your name and address for the record. Mr. Butler: Donald Butler, 1 Southeast 3rd Avenue, Miami, Florida. Commissioner Winton: Hey, Donald, pull the microphone closer to you. Yeah. Mr. Butler: OK. Commissioner Winton: Pull it up, up, up. Mr. Butler: How's that? City ofMiami Page 39 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Winton: Better. David Marko: David Marko, 3001 Southwest 3rd Avenue, Miami. Mr. Butler: We're trusting that you have a copy of the report. Chairman Sanchez: Yes. Mr. Butler: This is pretty much -- we're going to summarize it. First, I'd like to thank the other members of the committee, Leonard Turkel, Tony Crapp, Juan D'Arce, and of course, your legislative person, Karen Cooper, who did a great job. The commission only lasted about a year. We met every other month or so, but there were a lot of spirited discussions, and this is sort of toned down here by David here. Our report can pretty much be summarized in four items: clarification of the implementation of the mission of the CRA; the process of selecting/awarding professional service contracts; the governance structure, and the business versus social aspects of the CRA. As the report in front of you show, we -- our discussions centered around the CRA's plans to ensure that its missions were being implemented. The business development process, viewing the two CRAs as being separate entities; support from the city, the creation of a bonding program. We found that there is a lack of clarification as it relates to the implementation of the CRA's mission, which is well written; it's just simply not clear in terms of its implementation. There's a lack of communication in its support in the context of the utilization of the city services, a lack of a long-term capital plan. Our recommendations is that the -- there must be a symptomatic way that the decisions are made consistent with the mission of the CRA. The mission should be at the top. All decisions should be based upon that mission, and we're going to talk about some of the reasons why we think there's this conflict that exist a little further in the report. There needs to be a long-term capital program, as well. The CRA appears to be sort of doing things in a rather choppy motion; it's not really getting anywhere, and certainly is not consistent with the original mission of the CRA. The process of awarding professional service contracts. Our recommendations: The CRA should be using a competitive process. That process does not have to be reinvented. The City has a perfect procurement process its been using for who knows how long. It seems that the CRA should be able to take advantage of that, and it should be consistent with that that's done by cities, counties, and states all over the country, and there should also be a regular review and a public acknowledgement of the contract. David, you want to talk about the governance structure? Mr. Marko: The issue that we faced in analyzing the government structure was -- of course, now you all sit as the CRA, and I know that that's put some of you in, because of your district perspectives, some positions where you feel like maybe you can't fully serve the interest of the CRA, which, perhaps, should not be structured, where district Commissioners are making decisions are making decisions as to what's happening within the CRA itself. However, it was the view of the majority -- in fact, it ultimately became the unanimous view of the CRA -- that the Commission should remain in its position of authority, but be supplemented by people who have a level of expertise, and can dedicate themselves more appropriately on an at -large basis, and our view was that in addition to the five existing members of the CRA, you are empowered, under the statute, and you should bring with you an additional four people that should be elected, or up to four people in your discretion. Our view is that they should be people that have experience in the technical areas that are relevant to the mission of the CRA, and if you do that, then perhaps you will have a larger voice of people who have a more global perspective, and aren't serving the interest of one particular district, and also will allow you, as Commissioners, to have colleagues that you can rely on that can be more dedicated. In addition to that, we've discussed the issue of how the executive director of the CRA should be chosen, and how they should serve their function. Because of the non-CRA duties that are occupied currently by the Manager administrating a mission, which is very similar to what City ofMiami Page 40 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 happens within the microcosm of the CRA, it was the consensus view that this person, who is the executive director, should be chosen, and if it cannot legally be done that way, at a minimum, should be nominated by the Manager, and effectively, should work as a person who works directly under the Manager and at the Manager's discretion to choose a replacement, and that that should be submitted to the CRA if required by law, but otherwise, no; done in the same way that the Manager currently implements his vision of how we're administering the City. Commissioner Winton: So what that does then -- Commissioner Allen: But wait. Can we comment on these reports right now? I'm sorry, Commissioner Winton. Chairman Sanchez: Yeah, you could ask questions. I mean -- Commissioner Allen: Yes. Chairman Sanchez: -- I was hoping that they finished the report, and then we would ask them the questions. Commissioner Allen: I'm sorry, Commissioner Winton. Chairman Sanchez: Let's go ahead and finish the report. Give us the recommendation, and then we'll ask them questions. Commissioner Winton: OK. Mr. Butler: The last section's business versus social aspects of the project. One thing that became really clear was that this CRA, which is essentially a development arm, if you will, subsidiary of the city government, county government, is saddled with a project that it just simply is not prepared to handle; that is, the social aspect; didn't say that the aspect didn't exist; didn't say that homeownership issues didn't exist; didn't say gentrification issues and displacement issues didn't exist. I'm saying that this CRA is ill-equipped to deal with it. There are other agencies within the city can probably do it; other agencies within the county, and certainly if another agency is nec -- if this function is necessary is necessary to be dealt with in this city, it should be done by a group of professionals who know what they're doing. It creates a real problem. It's a major conflict. Community outreach. The perception of what the CRA is doing in the city is just not well understood. Within the community, the perception is that they're there to help small businesses, which is sort of kind of not really true. There's another perception, that they're there to stop gentrification. There's another -- too many perceptions and not enough reality. In addition to that, the rest of the city has not clue what the CRA is doing. We're really doing a bad job of getting the word out; getting the word out as to what should -- what we are doing, and what our true function and mission of the CRA is. Chairman Sanchez: Does that conclude your -- Commissioner Allen: (UNINTELLIGIBLE) conclude -- Mr. Butler: That concludes our report. Chairman Sanchez: OK. At this time, is there any questions from the Commission? Commissioner Allen: Yes. Chairman Sanchez: Commissioner Allen, you're recognized. City ofMiami Page 41 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Allen: Frankly, I have several questions and I have several concerns with this report. I can tell you, I'm totally, in some parts, in agreement, but more importantly, significantly, in most parts, I'm in disagreement. First of all, I'd like to ask you, what's the time period -- your study covered what time period of the CRA? Where did it timeline, from what period to what period, the study, this report? Mr. Marko: We didn't place a time period. We went back and began with -- Commissioner Allen: That's my point. When did you start studying -- Mr. Marko: -- the pre -Frank Rollason era, ifI can call it that. Commissioner Allen: That's the point, so -- Mr. Marko: Yeah, we did, in fact, do that. Commissioner Allen: -- your report should start off by making that qualification; that up to the point that Mr. Rollason was appointed, these -- this is what your report reflects. Mr. Marko: No, sir, that's -- Mr. Butler: No. Mr. Marko: -- not what I meant to say. Commissioner Allen: No, that's what I'm asking. Mr. Marko: Yeah. OK. Well, the answer to your question is, we didn't begin with the period of time that Mr. Rollason became the executive director; we went back further than that, and looked at the Mr. Igwe report -- Commissioner Allen: Right. Mr. Marko: -- the audit that was done, and then moved forward to today. Commissioner Allen: Right, and having said that, since the -- Mr. Rollason was appointed, has there been any corrective action done, pursuant to what you may have discovered earlier, pursuant to Mr. Igwe's audit? In other words, did Mr. Rollason do anything to correct those previous problems that existed? It's a simple question. Mr. Marko: OK. Well, before I answer the question, I think I'd like to say that it was the consensus on the board that we did not want to leave you, the Commissioners, with any impression that Frank Rollason has done anything but a spectacular job, period, full stop, OK. Having said that, what we were analyzing is the structure of the CRA, regardless of who the executive director is, and this is why: because we will not always have a Frank Rollason. I mean, he is the best of the best. Commissioner Allen: Right, I understand. Mr. Marko: There will be -- well, as a result of that, what we did is we came up with recommendations that address the mission of the CRA, and how it is being implemented, and what sort of governing structure should be in place regardless of who the executive director is. City ofMiami Page 42 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Allen: Right, right. I understand, and I don't disagree with you, what you're saying, but what I'm saying to you, since Mr. Rollason's appointment, perhaps he can adopt some of these corrective measures in the way of the governance structure, expand his staff as opposed to -- I see what you're -- you're suggesting here is to give total and unequivocal control to the City Manager. Frankly speaking, there should be a firewall there because if -- you said something operative earlier. You said, well, of course, you know, the City Manager does non-CRA activities now. He should have -- know the best interests. Well, the sitting Commissioner has a better feel for his district, I would think, just as well as the City Manager; wouldn't you agree? So why would not the district -- the sitting district Commissioner be the appropriate person to sit there and be involved with that, and we have an independent executive director, with a larger staff that will include these people with the skill sets that you're recommending, as opposed to trying to take this entire organization, dumping it in the City Manager's office, who's already inundated with tons of things that I don't even know if our City Manager has the capacity to deal with all these issues, because right now, we're outsourcing a lot of issues for consultants, so that tells me, we don't have the sufficient staff to deal with the current issues that the City Manager has to deal with on a daily basis. Now, I'm not speaking for you, Joe. I just -- I'm just speaking, basically, factually from what I'm seeing here, so as a result of that, why should we give him more work than -- as opposed to just expanding the current staff with the existing CRA; the current governance structure right now because the new executive director has put corrective actions in plans? It seems to me, it's a no-brainer. Because I don't see anything -- what you guys are listing here substantively that would make a difference. I mean, the whole idea of the CRA is for a plight -- to overcome, what, the blight in the urban areas. Mr. Butler: Right, but it's also the mission of the CRA not to have the city pay for it dollar for dollar. The CRA is there to inspire outside dollars to come in and to build the area up. Commissioner Allen: Right, but you said something operative. CRA now would have the ability, which I was impressed with, of being bondable. The CRA will have the ability -- Mr. Butler: Absolutely. Commissioner Allen: -- to underwrite its own costs going forward, so that's a nonissue, as well. Mr. Butler: But we're also -- Commissioner Allen: That's a no-brainer there, as well. Mr. Butler: We're talking about the multiplier effect. Commissioner Allen: Yeah. Mr. Butler: If we can spend -- Commissioner Allen: And have you guys -- Mr. Butler: -- a million dollars in an area -- Commissioner Allen: -- by any chance, projected out the potential TIF (Tax Increment Funds) money that could be bonded? Have you got any financial projections on that? What's that amount? Mr. Butler: Again, we're talking about the City ofMiami Beach model. If you've ever taken a look at that, you're actually looking at the right way it should be done. The problem is one of City ofMiami Page 43 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 politics, coordination -- Commissioner Allen: Right. Mr. Butler: -- and having the right people in place. Once again, if all of these services were under one central figure, OK, then you would find that if this agency had a problem getting information from this agency, they go to the central figure, the information starts to flow. There is a -- now, also, Frank has done a fantastic job, given some of the issues that he's had to deal with. Unfortunately, he's had to make some decisions, based upon, you know, what's in front of him at the time, as opposed to having the entire -- Commissioner Allen: Wait. Mr. Butler: -- resources of the City -- Commissioner Allen: With all due respect, you're speaking vaguely. You're speaking hypothetically. Give me a specific example of what you're saying. Mr. Butler: Well, don't like to talk about specifics, but I will. We spent money on a parking lot, I believe. Commissioner Allen: Yeah, but, sir, that's pre -- see, there you go again; you're talking about issues pre -Frank Rollason. My point is, based on what you guys said, we can expand the staff with the necessary skill set, but before I continue along that line, I'd like to ask you guys again: Have you guys made financial projections as to the potential TIF money that would be -- could be bonded out? Commissioner Winton: I don't -- Commissioner Allen: What would that figure be? Commissioner Winton: -- think that was -- Mr. Butler: No. I don't believe -- Commissioner Winton: I don't think that was within their scope. Unidentified Speaker: Right. Chairman Sanchez: Well, that -- Commissioner Allen: It's not? Mr. Butler: I don't believe I explained -- was that our charge. Commissioner Allen: So I guess my point is, there will be potential money whereby the CRA can help underwrite and cover its own costs; therefore, we can expand existing staff and hire these people with the various skill sets, and keep the current system in place, but however, take a few of your recommendations, short of the governance structure, and I think we can accomplish the same objective. Mr. Butler: Our charge, OK, was to determine and to report back to the Commission as to the effectiveness of the CRA; how it can be made better; how it can do its mission better, et cetera. Our conclusion hasn't changed. Unfortunately, the CRA is not necessarily being allowed to be City ofMiami Page 44 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 mission driven, and if it's doing so, it's doing so only because Frank keeps looking back at the mission trying to make it happen. Needs to be more focused on the mission, and a lot less, excuse my French, politics. Chairman Sanchez: Let me interact here. This is a report that the Oversight Board is presenting to us. We will have ample time to discuss this in a more discussion like environment when we -- Commissioner Allen: OK. Chairman Sanchez: -- decide what we're going to do. I mean, we're here to this point today when we put together an Oversight Board. It was basically on a dysfunctional agency that we don't need to get -- in the past. Commissioner Allen: Right, in the past. That's what -- Chairman Sanchez: But -- Commissioner Allen: You know -- Chairman Sanchez: And -- Commissioner Allen: Don't mix apples and oranges, is my point. Chairman Sanchez: And we're not. We put these gentle -- this board that we put together, the Oversight Board, which is volunteers; people that we selected to go out there and look at it, give us a recommendation on it; done a great job. I want to thank you, Mr. Butler. Dave, thank you, and all those that labored so hard to put this report together. You know, it all started when we did the audit. The audit came back. It was a horrible audit, paving the way for us to continue that restructure, and look at ways to modify the CRA to be functioning as a CRA, and under the Florida Statute 163 and all that legality on it, so this report that's just given to us, let's just -- it's just a report. We shouldn't be debating it here. We're going to have an opportunity, Commissioner Allen, with all due respect -- Commissioner Allen: Sure enough, OK. Chairman Sanchez: -- to debate it and make recommendations as to what -- we may not agree with all the issues that they put out. I certainly don't agree with some of the issues, but I do support some of the issues that they put out, and we will have a healthy debate at a later time to be able to determine what would be the future of governance, and possibly the course of the CRA as to the steps that we've taken to restore integrity, honesty, clarity, at the CRA, so having said that, Commissioner Winton. Commissioner Winton: Purpose and accomplishment. Chairman Sanchez: Exactly, and then we'll just go ahead, and we've got a long agenda, and we'll put this to a closure. Mr. Butler: Thank you. Chairman Sanchez: Yes, sir. Commissioner Winton: Mr. Chairman, I don't think Commissioner Allen was here when we appointed this Board, so I think it's important to clarify. This is a group of volunteers that we City ofMiami Page 45 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 recruited to do an in-depth analysis of the -- not in-depth analysis -- to do an analysis of the ability of the CRA to accomplish its mission, and to look at different governance and operational methods, and bring back recommendations that they, as volunteers -- none of whom have an agenda; none of whom have an ax to grind; none of whom get a dime today, yesterday, or in the future out of these recommendations, so my hat's off to you for what I think is a good job. I, too, am not sure that I agree with all of the recommendations, but I can tell you, you have given us good food for thought, and from what I'm hearing, without going into all the details, I think that y'all have looked at all the key issues; you have had the guts to make the recommendations. It's up to us now to determine whether or not we're going to go along with those recommendations, or modify them, or whatever we're going to do, but you've given us the ammunition we need, and a framework of thought to review so that we don't have to create it from scratch, so thank you very much for that effort. Interestingly, though, Commissioner Allen, when you were talking about how you wanted to create a firewall, when I interrupted them and Commiss -- and the Chairman said let's let them move forward before -- it was interesting because my thought was, when they were discussing the idea of more closely linking CRA management with City ofMiami management was that, ahh, the City ofMiami has ramped up dramatically. We've had many false starts since 2001, but I think we're past the false start phase. I think we're going to -- we're already seeing significant capital improvement projects going into our neighborhoods today, and that process is going to accelerate, so we finally have an entity that's got a system in place that's really working. To recreate that same system to do capital improvement projects within the CRA district, to me, didn't seem to make sense, and so their idea -- when I clicked on it, their idea said that makes a lot of sense to me, as opposed to - - I wasn't thinking about the firewall thing, at all. I just thought from a savings standpoint, from a linkage of resources standpoint that the idea of linking city administration, particularly as it relates to capital improvements, and maybe not the other component parts of CRA mission, but certainly the capital improvement part of it made a lot of sense, because then the CRA wouldn't have to spend money on extra consultants, extra staff and all those kinds of things because we're ramped up to do it internally. I know we're not supposed to debate that. I'm just letting you -- Commissioner Allen: Right. Commissioner Winton: -- know how -- Commissioner Allen: Right. Commissioner Winton: -- just from a reactionary standpoint how I reacted to the same kind of thing that you heard there. At the end of the day, we will debate all of these things, and hopefully, we'll make some pretty intelligent decisions that will allow the CRA to really get moving and finally, finally do something about erasing slum and blight. Commissioner Allen: Slum and blight. Chairman Sanchez: All right. Thank you so much. Thank you for your dedication and professionalism. Mr. Butler: You're welcome. Chairman Sanchez: Thank you. Commissioner Winton: Yes, thank you very much. Commissioner Allen: Thank you, sir. PA.2 05-00381 DISCUSSION ITEM City ofMiami Page 46 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Department of PRESENTATION OF THE "CITY OF MIAMI INITIAL STREETCAR Capital CORRIDOR FEASIBILITY STUDY, FINAL REPORT, APRIL 2005" BY THE Improvement CITY'S CONSULTANT TEAM, HDR ENGINEERING, INC. Programs/Transpor tation DISCUSSED Chairman Sanchez: Having said that, let's go ahead and start the presentation for PA.1, which is -- I'm sorry, PH (public hearing) -- no, I'm sorry, PA.2, which is the City ofMiami Streetcar Feasibility Study. Are we ready with that? All right. I'm sorry, Mary. Mary Conway: Mary Conway, CIP (Capital Improvement Project) and Transportation director. First, I'd like to acknowledge Lilia Medina, assistant transportation coordinator, who served as the City's project manager for this important project, and we also have here today several of the members of our consultant team who have been working with us, Charlie Hales, who will be making the presentation, as well as Bob Kohn, with HDR (Henningson, Durham and Richardson, Inc.), and we also have Nick Serrianni, who's been very instrumental working with us on the financial aspects and on getting commitments from the Department of Transportation and others agencies to assist with the funding. Vice Chairman Gonzalez: What item is that? Chairman Sanchez: PA.2. Vice Chairman Gonzalez: PA.2? Chairman Sanchez: 2. PA.2. All right. I'm sorry. Go ahead, sir. Charles Hales: Thank you, Mr. Chairman. Charles Hales. I'm the national director for transit planning for HDR, and I've been supporting your staff in the conduct of this study. You're familiar with the corridor where this study has been working; that is, the Northeast 2nd Avenue Corridor from the downtown core, north to the Design District. You can see, in fact, in the lower left -- I'm sorry, the upper left-hand corner of this slide, one of the principal drivers in this project, which is the large Midtown Miami site, one of the major redevelopment opportunities along the corridor. In that corridor, there are a number of existing destinations, but some new ones on the way, like the Performing Arts Center and Bicentennial Park, where Miamians are going to want to be in large numbers, and where they're going to need an option for how to get there. In this corridor, you have underway -- and we have some statistics in this presentation, as well; pretty staggering statistics about the amount of development going on, and I want to echo the comments that Commissioner Winton said this morning in the article. You have a wave of development underway here in Miami that is unprecedented, and in fact, is bigger than anything that any city in North America has experienced, bigger than anything; bigger than Hong Kong, actually, in the boom years of Hong Kong development, so what you have in front of you, in terms of that development opportunity and the problems and challenges it brings, is a very major thing indeed. Here are some of those statistics: $20 billion of development permitted and planned within the City; nearly 5 million square feet of office space; 37,000 residential units in the downtown area; 128,000 parking spaces -- I'll talk a little bit about that more in a few minutes. The purpose of this project is to look at the development opportunity and challenge and those community facilities and destinations, and figure out how to connect them up, to connect the neighborhoods with the economic development activity, with the new shopping opportunities in Midtown and places like the Bay View Market project;; responding to planning effort that you have started with Miami 21 to make sure that this city has a big picture vision for its future, and to make sure that after all the dust clears, you've got City ofMiami Page 47 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 a quality of life at street level that people will appreciate and enjoy. Now, of course, streetcars aren't new to Miami. You had an excellent streetcar system here in this city back in the day, like so many American cities, and it served people well, but then, along came the automobile era, and those streetcars found themselves trapped in increasing congestion. The vehicles were old; they were out in the middle of the street, and Americans, perhaps wrongly, concluded that that was something of the past, and we said goodbye to the streetcar era in the '50s and '60s all over the country and got rid of that system. Your vehicles were shipped off to other countries, but in many cases, they simply took them out to the end of the line and burned them. We think that was a bad bargain now, but it was a bargain that almost every American city made in getting rid of this circulation in the heart of a busy city. Now, meanwhile in Europe and in South America, they didn't do that. They kept these systems, and they improved them, and enhanced them, and updated the vehicles, and showed us what life at street level could be like at the kind of population intensities that we're now experiencing once again in American cities, as people move back downtown. Now, when we say "streetcar, " by the way, we're not talking about light rail. Light rail is what you see in the upper right-hand corner there; typically, two or three vehicles coupled together taking over a whole lane of traffic; designed to move people from the suburbs into the city, like your Metrorail system does. It's the interstate highway system for the transit system. Streetcars are the main street system. They're operating in the city, in the core, in the neighborhoods. They're in traffic, sharing a lane with other vehicles. They operate in the urban environment, rather than taking it over. The capacity of streetcars is less than that of heavy rail, or even light rail, but more than the typical bus circulator. Their speeds are less than the heavy rail systems, but you don't need to go 55 miles an hour down 2nd Avenue; in fact, you wouldn't want to. The speeds are appropriate to the urban circulation. They're designed for this urban circulation, not for suburban commuting. Now, you can do that with a bus circulator, as they proved in Coral Gables with a great little local circulator, but for the scale of that downtown, that's appropriate. You're talking about a world -class city here, and that's not the right tool for this job. You're not the only city that's thinking about this. All over the country, there are light rail systems being built or planned; every one that's been started is an expansion. Same thing with street cars, there are systems being planned all over the country. Several cities have opened these. Washington, D.C. just broke ground on one a few weeks ago. The prototype that we're talking about, and what do we think about when we talk about streetcars is the Portland streetcar. I was an elected official in Portland and in charge of the transportation department there, and led the construction of that project through what we now call the Pearl District. The Pearl District is regarded as one of the most successful new urban neighborhoods in the country. It's one fifth of the housing units that you already have permitted and planned in this corridor, one fifth. This form of transit is pedestrian -oriented. You're spending a lot of time and attention, through Mary and her staff on projects that are trying to improve the pedestrian environment; streetcars fit with that. You're looking at public spaces. This is an example of where a streetcar project was actually run through a public plaza, and in fact, Midtown Miami will have just that situation in the design of this project. When it comes to the construction techniques that would be used for this project, we pioneered some things in the Portland project that are pretty helpful; that is, we were able to saw cut out the street surface, install the infrastructure of the line, and get in, get out, and be done in less than a month; something that was much appreciated by the property owners and merchants along the line. Those techniques will work here, as well. You saw, perhaps, in this morning's paper, the rendering of a typical stop here in the Miami system, very much like the Portland system and the Tacoma system, and others, just a simple curb extension, not a complete redesign of the street. Vehicles are built in the Czech Republic, or at least the ones that we used in Portland, and that we think are a good prototype, as well. They're quiet; they're about 65 feet long. We found a spot for a maintenance facility in Portland on a piece of public land, squeezed in under a freeway ramp. You can do that; it doesn't have to be large. We're talking about a multimodal transportation system, one in which bicycles, and transit vehicles, and cars are all operating in the public right-of-way, along with more and more pedestrians because of the population that you'll have in the downtown core; so those are some City ofMiami Page 48 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 of the goals that we considered in this study; how do we create that connection between neighborhoods and destinations; how do we support this development pattern with the transit that you'll need. We looked at routes and cost and ridership, and even implementation and finance options, which we are prepared to talk more about. Several possibilities; there's several routes that would work, but one stands out, that is this Northeast 2nd Avenue Corridor. Ridership in that corridor is excellent, but the development connection is the strongest of anywhere in the City, and that's why the recommended alignment takes full advantage of that development opportunity, and of the development already underway in the Midtown Miami development; from the Design District, down through the Midtown Miami project on the new Midtown Boulevard, east on 29th, down 2nd Avenue, and then describing a figure eight loop in the downtown core, starting at the Performing Arts Center at 14th. Some of the major drivers in coming up with this alignment were connection to the existing transit system, making sure that this complements and connects the existing transit system. It's not a substitute for that transit system; it's an improvement and an expansion of it;; connecting the employment, and education, and retail, and recreational opportunities along the line, and even potentially connecting to the future regional transit system of the FEC (Florida East Coast) Corridor. All kinds of places to go along this alignment; the community college, for example, it's a great destination, and again, huge development and redevelopment potential, and the potential's already being exercised. Here's some statistics about just the development underway in this corridor, $8 billion worth of development, twice the Pearl District; 25,000 new residential units, 47,000 new parking spaces. If the people that move into these new condominiums drive to lunch, drive to the doctor's appointment, and drive to the grocery store, you're going to run out of street capacity pretty quickly. That's what transit does; it provides another way for the same number of people to use the right-of-way more efficiently. As I mentioned, this alignment is designed to connect to the existing transit system, and you'll see that here, connecting to the Metrorail at Government Center, to the Metromover in several locations, and to the planned Baylink project across the causeway to Miami Beach, and actually sharing track and stations and a maintenance facility with this project, so this is how it would look. Again, it's fitted into the existing streetscape and shares the travel lane, usually losing only a couple of parking spaces at the corner for the curb extension where the stop goes. Here at the college, or just north of the college, and here close into the campus, you can see how well it would integrate with the streetscape that's there now. Some of the key costs and specifications; about ten miles -- $10 million a mile for the track construction for the single-track loop, and about $16 million a mile for double -track. The total 2004 costs for this project are estimated at about $132 million. We've looked at a variety of funding sources, local, state, and federal, a lot of possibilities. The bottom line is that we've looked at a number of scenarios, and this project is fundable. You have the means to build this project. We've done quite a bit of stakeholder coordination to date, with everyone from the MPO (Metropolitan Planning Organization) to the Chamber of Commerce, and most recently, met with the Federal Transit Administration to brief them on the project. The process ahead, assuming your approval of the resolution before you today, is that we will go into alternatives analysis with the federal government to preserve the option to be able to use those federal funds, if the City chooses to apply for them, and then move on into procurement of a design -build team, and construction in 2006, opening in 2009. Some of the key steps ahead are, first, the resolution before you, then inclusion in the MPO Transportation Improvement Plan, completion of this FTA (Federal Transit Administration) alternatives analysis, some advance work now to make sure that the project doesn't get held up if that alternatives analysis -- excuse me -- is approved. Some additional public and stakeholder outreach; we've done some, but much more needs to be done, and as I mentioned -- and Mary can talk about more procurement of a design -build team when you're ready. That's the end of my presentation, and our consulting team is here, obviously along with your staff to answer any questions that you might have. Chairman Sanchez: All right. That's the end of the presentation. Any questions from the Commission? Commissioner Regalado, you're recognized. City ofMiami Page 49 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Regalado: Mary, or maybe the consultant, according to the County Charter, Miami -Dade County has the authority in any and every issue regarding traffic; is that correct? Ms. Conway: Regarding traffic control, yes, that is correct, by home rule charter. Commissioner Regalado: Right, so this -- if we are going to use half a penny money, this has to go first to the CITT (Citizens' Independent Transportation Trust) Board for approval? Ms. Conway: No, it would not have to go before the CITT Board. Commissioner Regalado: Because we would not be asking funds from the County; we would be depending only on the funds that the City is bound to get from the sales tax. Ms. Conway: On a portion of the funds that the City gets -- right now, as you know, the City receives a proportional pro rata population based share. Of the monies that we receive, 20 percent shall be spent on transit. In our various funding scenarios, we've counted on a portion of the 20 percent being used as one of the funding sources for this project, but as Charlie mentioned, there are numerous funding sources, state, federal, local, that are available, and we anticipate -- it's a little premature at this point for us to come forward with a detailed financial plan, but we do feel very confident that it is a fundable project, and one of the next steps will be to take the engineering to a little bit more developed stage to -- and then to develop a detailed financial plan. Commissioner Regalado: And it has to be approved by the County Commission since -- Mr. Arriola: No. It's -- Ms. Conway: No. Mr. Arriola: Commissioner, basically, what you're looking at is -- first, let me start -- our first funding source, where we're looking first, is to get -- that which we have now and we're hoping to get approved -- is the first $3 million from the federal government. That would allow us to go through the process of actually doing -- presenting you the feasibility, how we would go about it, you know, kind of expend the money to really come to you with a real plan that -- and that we're looking for the Feds to give us that money. We also have a target about $15 million from the federal government for this project, and we've also talked to the State to give us a -- another large chunk of money. When all that is in place and we present that to you, that's at the time that we will come with the third sort offunding, whether it's the County, whether it's our money, whether it's going to be your selection how much and where and how we're going to do it, but nothing we're talking about cannot go on unless we get basically the first chunk of money from the Feds, so we could actually spend some real time and real money and bringing you a real plan. Right now, this is wonderful, beautiful; we have spent a lot of time and effort doing -- this will be -- in architectural terms, this will be the sketch of what it will look like. Now, we need to bring you some -- a real set of plans, and we're looking soon, hopefully, too, to get our first $3 million from the Feds to do this; then we will follow with the $50 million, and we'll go to the State to get some money, and then, that's when we'll bring the County in. Commissioner Regalado: OK, I understand that, but I also understand that the cycle offunding of the federal government is every five years, and that just is the cycle. You mentioned that, by 209 [sic], it will be operational, so how do we reconcile -- Arriola: Commissioner, this is very optimistic. Remember, this is a consultant; this is extremely, extremely optimistic. Not that we would not go forward with the operation on 2009, City ofMiami Page 50 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 but we would have to -- you're correct, we need to have to go through the cycle of federal. There is a $50 million market there for us right now, so we already in the pipeline, but we need to continue through the -- with the progress. That he's talking we could be ready in 2009, if all the funding would be in place by some time 2006; I would love to tell you that that's possible, but it probably would be somewhere in 2007. Commissioner Regalado: OK. Mr. Arriola: That's my feeling. I mean -- Commissioner Regalado: So the -- Mr. Arriola: -- more realistic. Commissioner Regalado: -- first amount to be expend is solely federal money? Ms. Conway: Accompanied by a proportion of the City's half -penny sales tax, the City's share of the half -penny sale tax, the PTP (People's Transportation Plan) dollars that are dedicated for transit, along with a portion of that. Commissioner Regalado: I understand, but the Manager said that what we are doing here is to get to this $3 million, which will launch the project, in terms of design. Mr. Arriola: That will be the big push, but we will use some of our money, and we have used some of monies right now. I mean, like -- Ms. Conway: And we also -- Mr. Arriola: -- to get it in. Ms. Conway: -- have a commitment from the Florida Department of Transportation for approximately $2.5 million for the current year, and we're continuing the dialogue, and working with them on the agreements that would need to be put in place, so we're pursuing various different funding options for these initial next steps. Commissioner Regalado: OK. Thank you, Mr. Chairman. Chairman Sanchez: OK. Commissioner Winton. Chairman Winton: I think it's important to look at this longer range, as opposed to just this alignment, because if we just do this alignment, we will have done the same thing that the County did with Metrorail, and that, obviously, hasn't worked, and if you saw in the Miami Herald, and in this presentation also, although I missed part of it, it showed the -- some theoretical additional roots, and the way I envision this, long-term -- and there's a number of component parts, and they're not necessarily in sequence here, so it may appear as though I'm jumping around, but I want to make all the points. This needs to be a real system, so that we can reach into, literally, all of our neighborhoods with an extension, and while the paper quoted me as saying this morning that I'm already dreaming of the second phase, which would go to the northern limits of the City ofMiami, I really think the next phase -- and it would be good if we could do two, but I think, absolutely, the next phase ought to go into the medical complex, and up into Allapattah, probably along -- maybe along 20th Street, where you have all that tremendous business, and limited parking, and all those kind of things, but you also have to have a line that's ultimately going to go into Little Havana. You're going to have to have a line that's going to go into Liberty City. You're going to have to have a line -- and Lord City ofMiami Page 51 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 help me, ifI say it about Coconut Grove, but the fact of the matter is a line ought to come into Coconut Grove. The line itself is also only a component part of a system. The next part of the system, as I would see it, is you end up creating a series of circulators that are, in fact, rubber tire vehicles; you design them so that they look exactly like the streetcar itself and those vehicles reach out, literally, into the neighborhoods, in particular, the single-family neighborhoods because transit doesn't work well in single-family neighborhoods under normal circumstances, because you don't have the critical mast to get ridership, but the way you get the people in single-family neighborhoods, you reach them, is you build these circulator systems that can go into the neighborhood. I understand that Orlando is working on a system right now where that circulator is on call. On call means -- I don't know what the method for contact is, whether it's telephone or Internet, but you can make a call to the system, and it will come to your front door and pick you up. Now, you want to get people out of their cars? You create an integrated system that gives people real options to go where they want to go, where they need to go in a system that's dependable, and I'll guarantee you, people are going to use it, and we know that in our city, we're not going to build any more roads; we're not going to widen any of our roads. We also know that our city is not going to stop growing, and so, long-term, my view is, we create a real integrated system that reaches into the major corridors, citywide, with a circulator system attached to it, that literally reaches out into the neighborhoods on an on -call basis, and I think we can end up with one of the most exciting and successful transit systems in the United States, and we've picked a technology that's affordable, and by the way, we're understanding thatMetrorail, that heavy rail system, is being heavily frowned upon by the Feds now, because it's so expensive to get up and expensive to operate, and I think we have an opportunity to create the first step in an integrated system. Well, there's another argument about funding, both funding capital and funding operations, and as you heard today, we don't have answers to all those questions yet, but we know two things: there's a capital cost and there's an operating cost. Capital cost, a hundred and thirty -some million; operating costs, I think, three and a half million dollars a year on this one phase, and I've argued, including to the Miami Herald folks yesterday, that the County -- Commissioner Regalado, you raised the question about traffic -- but the County, in fact, is responsible for transit countywide, and for the County to suggest that a transit system that happens to be being built in the City ofMiami, which also happens to have one of the highest growth rates of development in the entire world, that we ought to pay for it ourselves, and I consider that absolutely ridiculous. Commissioner Regalado: That's what I said. Commissioner Winton: This is -- we are a part ofMiami-Dade County. We're an important part ofMiami-Dade County, and our residents pay 5.6 mills to the County for support services, and transportation is one of them. The half -penny sales tax, our residents pay. This ought to be a County project, where the City is taking the lead, providing the initial funding to get it started, providing the initial political muscle to get it started, and parenthetically, I will tell you that through Congressman Mario Diaz-Balart's office, I had an opportunity to meet with the congressman and Congressman Don Young, who is the chairman of the House Transportation Committee, US House Transportation Committee, to talk about this, and we have the -- and we have complete support from Congressman Mario Diaz-Balart and Congresswoman Ileana Ros-Lehtinen on this particular project, so we're developing some political muscle behind the plan that's going to help us get federal funding, and I suspect that that political muscle is also going to help us in our negotiations with the County that ultimately says, while we're willing to apply the percentage of the half -penny sales tax that we get from the County, by ordinance, a percentage of that money is required to be spent on transit. We're taking our money and spending it appropriately on transit so that it doesn't go back to the County, and by the way, just so you remember, that money is required to go back to the County if we don't spend it on transit, so we're doing our part that the People's Transportation Tax suggested we do by spending our money to -- and we're getting other money, but we're using City ofMiami Page 52 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 our seed money to get this launched, and ultimately, our job is going to be to convince the County that this really is their project, in our city, that's a part ofMiami-Dade County, and so we're at phase -- we're at step one; there's a lot of additional steps to go, but I think, if we're successful in getting this piece of this project really moving forward, we will also be in a much stronger position to get significantly more federal funding, and I think, state funding for the expansion, which, in my mind -- and I know -- and the Manager said that we're being very aggressive in terms of timelines. My view is, we ought to be more than very aggressive on these timelines, and we ought to be working tomorrow at trying to get the second and third spurs developed into other neighborhoods so that we can quickly make this a real integrated system. Chairman Sanchez: Commissioner Allen, Commissioner Gonzalez on the issue. Commissioner Allen: Not on this issue. I just have another issue, before Mary sits down. I just -- I need a point of inquiry on another issue, but not this one. Chairman Sanchez: Let's -- ifI -- Commissioner Allen: Yeah, not this one. Chairman Sanchez: -- can just finish this. I understand that the funding process is a complicated process, with all the fundings -- Ms. Conway: Yes. Chairman Sanchez: -- that would require for us to get this done, and I agree with Commissioner Winton, that this is one step and many hurdles that we're going to have to get over to accomplish this. You're talking about the funding eligibility, you're talking about the design contract, you're talking about the conceptual engineering. All these are phases that we will have to look at, as we move the ball along and try to reach what we want to accomplish here. Now, I can tell you this much, seven years ago, this Commission would not be discussing these great plans for the future of this great city of ours. It is a vision, and it takes people to look at our plan and see what we're doing; tapping into all the resources to address the issues that are going to affect this City in the long run, because people are saying, "Well, they're blindfolded. They don't care about the future. They only care about their administrative term or their term in office, and then the next problem, the other one, term limits, whoever the next elected official will do with them." This Commission, this legislation, this Mayor has the vision to create a world -class city, and when you look at projects like this that we're basically -- we're not inventing the wheel. The wheel has already been invented, and we're seeing that, years from now, we'll be faced in crisis, when we won't be able to get in our cars, but right now we're focusing on getting people to point A, and then they would be automatically transferred through a (UNINTELLIGIBLE) -- through point A, B, and C, where they're going to be -- getting tray -- taken around the city in means of transportation. The concern that I have here is that the development of a detailed financial plan for the project must be delivered here. Commissioner Winton: Absolutely. Chairman Sanchez: And I think what we need to do is to make sure that these steps that we're taking, that we focus on these steps so we don't get ahead of the ball game, and then we end up being another pie in the sky. Commissioner Winton: Bingo. Chairman Sanchez: People losing faith and hope. Because this is what every great city in this nation should be focusing on, so I just want to tell you that seven years that I've been a City ofMiami Page 53 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner here, I am starting to see things that will make Miami an international city, and it's these great projects that, if we all work together, and we all go out and raise the money that we need to do, we could get it done, so I'm just very excited about that. Commissioner Regalado. Commissioner Regalado: Just a brief -- the reason I asked about CITT was exactly the reason that Commissioner Winton mentioned, and it's about the County. I really think that the County, being a regional government -- although the City's taking the lead, the County has to come up with some funding because, after all, 60 percent of all the County government buildings are located in downtown and Civic Center, especially -- Commissioner Winton: And pay no taxes. Commissioner Regalado: -- the Jackson Memorial complex, the court system. I mean, everything is for the use of the County, and that is why I mentioned the CITT because -- I mean, it's unfair, yes. We have to take 20 percent off for transit, but we have so much issues here in the City in terms of transit, and mind you, the County, Mary, is using that 20 percent. They interpret transit as a very flexible issue. Because Commissioner Soto is doing sidewalks because he claims that people are going to jog through the sidewalks, and that's transit, and they're using the 20 percent. I mean, they're being very flexible, so I'm just saying -- so what I'm saying is, hey, they should give us a hand in this project because, after all, the head of the county government is in downtown Miami, and the rest of the County government is in the Civic Center, so -- Commissioner Winton: Commissioner -- Commissioner Regalado: Yeah. Commissioner Winton: -- could I add something to what you're saying there? And I know the answer was, we don't -- we're not required to go to CITT, but I'll tell you , from my viewpoint, we go wherever we need to go to get support, and you know, I'm the new MPO representative for the City, so at the appropriate time, I think we do go before both the MPO and the CITT to gain support, and frankly, I think, if we go before those bodies, I think we're going to get support. Commissioner Regalado: Of course. Commissioner Winton: Because it's rational to support this. Commissioner Regalado: Make sense. Commissioner Winton: It's in support of the County's long-range plan, and it would just do so much for the County, so I think we can gain support, and we should be creating a plan, at the appropriate time, to go before any body we need to go before to get that kind of support. Chairman Sanchez: All right. No further discussion. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Commissioner Winton, you're recognized. Commissioner Winton: I think that we really need to take our hats off to City staff. I think, if you look at the report, it's a fabulous -- I think they've done a heck of a job here. They've really worked hard, and they've worked fast. This is going at light speed, as it needs to be City ofMiami Page 54 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 PA.3 05-00381 a Department of Capital Improvement Programs/Transpor tation going, and they've done just a heck of a job, and Lilly, you've done -- you've led the charge on this, and I want to thank you very much for all the hard work and time and effort you've put into this, and keep it up, but y'all need to be recognized for doing an outstanding job. Chairman Sanchez: Thank -- Lilia Medina (Assistant Transportation Coordinator): Thank you. Chairman Sanchez: Thank you. Ms. Medina: Thank you, Commissioners. Commissioner Allen: Thank you. Ms. Medina: Thank you, Commission, and I also would like to introduce Jason McLaughlin. Would you like to stand up? He's actually the project manager for the study for HDR (Henningson, Durham and Richardson, Inc.), our consultants, on the study. Chairman Sanchez: Thank you so much. Commissioner Winton: And by the way, I don't know if y'all picked up on this, but the consultant that gave the public report, he was a City Commissioner, a City Counselor, or whatever they call them. He was one of us in Portland -- Commissioner Allen: Oregon, yeah. Commissioner Winton: -- that led the charge -- Commissioner Allen: Charge for their -- Commissioner Winton: -- to get the streetcar system going -- Commissioner Allen: Right. Commissioner Winton: -- in Portland, so he understands the issues that we have which is really interesting. Commissioner Allen: Right. Commissioner Winton: He really does understand the issues that we have to deal with going through all this. Chairman Sanchez: All right. Thank you so much. Item PA.2 is a companion item to Item PA.3 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADOPTING THE ATTACHED "CITY OF MIAMI INITIAL STREETCAR CORRIDOR FEASIBILITY STUDY, FINAL REPORT, APRIL 2005" ("STUDY"); AUTHORIZING THE CITY MANAGER TO BEGIN INITIAL IMPLEMENTATION OF THE RECOMMENDATIONS OF THE STUDY, PROVIDING THAT THE INITIAL IMPLEMENTATION WILL CONSIST OF ALTERNATIVE ANALYSIS TO SATISFY FEDERAL TRANSIT City ofMiami Page 55 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 ADMINISTRATION REQUIREMENTS FOR FUND ELIGIBILITY AND SELECTION OF A DESIGN/CONTRACTOR TEAM TO PROVIDE CONCEPTUAL ENGINEERING IN SUPPORT OF THE ENVIRONMENTAL APPROVAL PROCESS AND FINANCIAL SUPPORT SERVICES IN THE DEVELOPMENT OF A DETAILED FINANCIAL PLAN FOR PROJECT DELIVERY; DIRECTING THE CITY MANAGER TO PRESENT THE AWARD OF THE WORK AND AGREEMENT FOR PROJECT DELIVERY OF THE MIAMI STREETCAR PROJECT TO BE BROUGHT BACK FOR FUTURE CITY COMMISSION CONSIDERATION AND APPROVAL. Motion by Commissioner Winton, 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-05-0293 Chairman Sanchez: The resolution that's on the table is -- let me get it. Mary Conway (Director, Capital Improvement Projects & Transportation): PA.3 Chairman Sanchez: Yes, it's PA.2. Ms. Conway: Well, PA.2 was the discussion item, and the presentation, and the companion item is PA.3. Chairman Sanchez: And, basically, it's a resolution of the City ofMiami Commission, with attachments, adopting and attach the City ofMiami initial -- Commissioner Allen: Right. Chairman Sanchez: -- Streetcar Corridor Feasibility Study, final report, April 205 [sic]; authorizing the City Manager to begin initial implementation of the recommendations of this study, provided that the initial implementation will consist of alternative analysis to satisfy Federal Transit Administration requirements for fund eligibility and selection of a design contractor team to provide conceptual engineer in support of the environmental approval process and financial support services in the development of a detailed financial plan for the project delivery; directing the City Manager to present the award of the work and agreement for project delivery of the Miami Streetcar project to be brought back for future City Miami consideration and approval. That's a resolution. Is there a motion? Commissioner Winton: So moved. Commissioner Allen: I move. Second. Chairman Sanchez: There's a motion by Commissioner Winton. There's a second by -- Commissioner Allen: Second. Chairman Sanchez: -- Commissioner Allen. It is open for discussion. Is this a public hearing, Madam Clerk? Priscilla A. Thompson (City Clerk): No. City ofMiami Page 56 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: No, it's not, all right. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone with opposition, having the same right, say "nay." Hearing none, the motion carries. Thank you so much. Item PA.3 is a companion item to Item PA.2 City ofMiami Page 57 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 05-00382 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF PARKING SURCHARGE FUNDS, IN THE AMOUNT OF $207,900, FROM CAPITAL PROJECT NO. 341330, B-30249, TO THE CITY OF MIAMI'S DEPARTMENT OF OFF-STREET PARKING ("DOSP"), IN ACCORDANCE WITH SECTIONS 35-221, 35-222 AND 35-224 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR DEPOSIT INTO THE COCONUT GROVE BUSINESS DISTRICT IMPROVEMENT TRUST FUND ACCOUNT NO.1000024642463; FURTHER DIRECTING SAID FUNDS BE USED BY DOSP EXCLUSIVELY FOR THE PURPOSES SET FORTH IN CODE SECTIONS 35-221, 35-222 AND 35-224 GOVERNING THE USE OF PARKING SURCHARGE FUNDS AND AFTER REVIEW AND RECOMMENDATION BY THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE. Motion by Commissioner Allen, 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-05-0300 Chairman Sanchez: Do you have another item? Commissioner Allen: No. Chairman Sanchez: That's it? Commissioner Allen: That was a pocket item, which I'll defer until we -- Chairman Sanchez: No, this wasn't a pocket item. This was on your blue pages. Commissioner Allen: No, no. I'm saying the other item was a pocket item. Chairman Sanchez: OK. Commissioner Winton, I believe you have three or four items. Commissioner Winton: Yes. I think we took care of one of them. I got to make sure that understand which one. All of these items relate to the BIC (Business Improvement Committee) City ofMiami Page 58 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 that we talked about this morning where we approved essentially the contract for the new executive director of the BIC, and there were a number of funding sources for the BIC, and this first one is a resolution. It's a resolution of the City ofMiami Commission authorizing the transfer of parking surcharge funds, in the amount of $207,900, from the capital project number blah, blah, to the City ofMiami Department of Off -Street Parking, in accordance with Sections 35-221, 35-222 and 35-224 of the Code of the City ofMiami, Florida, as amended, for deposit into the Coconut Grove Business District Improvement Trust Fund account number 1000024642463; further directing said funds be used by DOSP (Department of Off -Street Parking) exclusively for the purposes set forth in Code Sections 35-221, 35-222 and 35-224 governing the use of parking surcharge funds and after review and recommendation by the Coconut Grove Business Improvement Committee. What this really says is that the state enabling legislation for essentially institutionalizing the parking surcharge in the City ofMiami requires that 20 to 40 percent of the funds be used for capital improvements in the central business district. That was defined by the City Attorney as Coconut Grove with their little piece, and the primary piece is downtown, and this is a part of that money. They're developing a capital improvement plan right now to begin to do real improvements in the Center Grove, something that the Center Grove's long, long, long waited on, and interestingly -- and I don't think anybody had paid attention to this before -- but when we went out on the first bond issuance in 2001, we didn't have a single line item in the Center Grove area, at all, and so they've been patiently waiting to do a number of capital improvement things. This is simply the first step, in a series of steps that we'll see coming forward in the future so that we can do some major improvements in that area through funding sources that have already been approved. Commissioner Allen: OK, and Mr. Chair -- Vice Chairman Gonzalez: Second. Commissioner Winton: Move -- Commissioner Allen: I'll move the item, Mr. Chairman. Commissioner Winton: Thank you. Chairman Sanchez: All right. There is a motion and a second on D2.1, which is a resolution. It is open for discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Resolution passes. D2.2 05-00397 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE PURSUANT TO SECTIONS 2-1251(1)(b) AND 35-222 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE DISBURSEMENT OF FUNDS IN THE AMOUNT OF $7,320.37 FROM THE COCONUT GROVE SPECIAL EVENTS AND MARKETING TRUST FUND, ACCOUNT NO. 1000000860261, IN SUPPORT OF THE 2005 COMMODORE PLAZA BLOCK PARTY TO BE HELD IN COCONUT GROVE, MIAMI, FLORIDA; AUTHORIZING AND DIRECTING THE DEPARTMENT OF OFF-STREET PARKING TO DISBURSE SAID FUNDS FOR SAID EVENT. City ofMiami Page 59 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 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-05-0301 Chairman Sanchez: We go to D2.2. Commissioner Winton: The second one is simply authorizing the expenditure of $7, 320.37 from the Coconut Grove Special Events and Marketing Trust Fund to support -- in support of the 2005 Commodore Plaza Block Party, to be held in Coconut Grove, and -- Chairman Sanchez: Is there a motion? Commissioner Winton: So move. Vice Chairman Gonzalez: Second. Commissioner Regalado: Second. Chairman Sanchez: There's a motion and a second. The motion is made by Commissioner Winton, second by Vice Chairman Gonzalez. For the purpose of discussion, the item is being discussed. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, the motion carries. D2.3 05-00422 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE PURSUANT TO SECTION 54-343(5) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE DEPARTMENT OF OFF-STREET PARKING ("DOSP") TO WAIVE THE SUPPLEMENTARY USER FEE FOR THE 2005 GOOMBAY FESTIVAL TO BE HELD IN THE COCONUT GROVE SPECIAL EVENTS DISTRICT, MIAMI, FLORIDA; AUTHORIZING AND DIRECTING THE DOSP TO EXECUTE ANY NECESSARY DOCUMENTS FOR SAID PURPOSE. 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-05-0302 Commissioner Winton: The third is a resolution of the City ofMiami Commission accepting the recommendation of the Coconut Grove Business Improvement Committee again. Well, authorizing the Department of Off -Street Parking to waive the supplementary user fee for the 2005 Goombay Festival that's also going to be held in Coconut Grove, and it's actually because Grand Avenue is under construction; Goombay can't be held on Grand Avenue this year, and City ofMiami Page 60 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 so the organizers of Goombay, working with the rest of Center Grove, were moving the Goombay festival to an area that is very similar to the geographical area occupied by the Coconut Grove Arts Festival. Chairman Sanchez: OK. There's a motion. Is there a second? Vice Chairman Gonzalez: Second. Commissioner Regalado: Second. Chairman Sanchez: Motion is made by Commissioner Winton, second by Commissioner -- Vice Chairman Gonzalez for the purpose of discussion. Hearing no discussion, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone having the same right, say "nay." Hearing none, the motion carries. Commissioner Winton: That's all I've got. Chairman Sanchez: That's all you have. D2.4 05-00425 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE ("BIC") PURSUANT TO SECTIONS 2-1251, 2-1253 AND 35-221(a)(6) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, REGARDING THE SELECTION OF AN EXECUTIVE DIRECTOR; AUTHORIZING THE DEPARTMENT OF OFF-STREET PARKING ("DOSP") TO HIRE AN EXECUTIVE DIRECTOR FOR BIC AS AN INDEPENDENT CONTRACTOR FOR A ONE-YEAR TERM FOR COMPENSATION AND APPROVED EXPENSES, IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED $79,000; AUTHORIZING DOSP TO EXECUTE THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE EXECUTIVE DIRECTOR AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; AND AUTHORIZING DOSP TO ALLOCATE AND DISBURSE A TOTAL ANNUAL AMOUNT NOT TO EXCEED $79,000, FROM THE COCONUT GROVE BUSINESS DISTRICT IMPROVEMENT TRUST FUND, ACCOUNT NO. 172770906, FOR SAID PURPOSES. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Allen Absent: 2 - Commissioner Sanchez and Regalado R-05-0292 Vice Chairman Gonzalez: Commissioner Winton. Commissioner Winton: Which item is this? What is it, D2.4? City ofMiami Page 61 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Vice Chairman Gonzalez: OK, D2.4. Commissioner Allen: D2.4. Vice Chairman Gonzalez: Right. Commissioner Winton: And as -- and, frankly, I don't know that -- particularly, Commissioner Allen, I don't know if you are aware, but the central business area of Coconut Grove has formed something called the Business Improvement Committee -- Commissioner Allen: Yes. Commissioner Winton: -- that they want to eventually morph into a business improvement district to deal with a whole host of issues to improve the appearance and functionality of the center Grove, and by ordinance some time ago, we -- the City ofMiami set this new group up, and the intent was to hire an executive director to run the organization, and we have -- the motion here, the resolution is to accept the hiring of the new executive director, and I think there might be a modification that's -- is there a modification tied to this? Jorge Fernandez (City Attorney): Yes, and it's been distributed to you, and the Clerk has a copy of it. Commissioner Winton: OK, and the new executive director is going to be Joyce Nelson, who is standing right back here, a longtime Grove resident, and Joyce, why don't you come up and put your name and address on the record, please. Commissioner Allen: That's the modification, naming that individual, right? Mr. Fernandez: Yes. The modification, in fact, was a minor change to the issue of the executive director providing the City with proof of insurance, professional coverage insurance. Commissioner Winton: Liability. Mr. Fernandez: Liability insurance, exactly, and that is now part of the resolution. Commissioner Winton: Right. Great. Vice Chairman Gonzalez: All right. Commissioner Winton: Joyce. Joyce Nelson: Joyce Nelson, 2535 Inagua Avenue, Coconut Grove resident since 1974, and spent many hours here. Commissioner Winton: Yes. I should say not only a resident of the Grove, but a very active -- Ms. Nelson: Active. Commissioner Winton: -- resident of the Grove. Ms Nelson: Yes. Commissioner Winton: So, now then, Joyce, as opposed to just being a volunteer activist out City ofMiami Page 62 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 there, is going to get to stand in the shoes of us -- Vice Chairman Gonzalez: Right. Commissioner Winton: -- where she's going to get to hear from all the Coconut Grove activists. Ms. Nelson: Yeah. Vice Chairman Gonzalez: Good luck. Commissioner Winton: The activist hearing from the activists, so -- Ms. Nelson: Yes. I've had a lot of support from the community on applying for the job and being accepted, so I think it's gong to work out very well for everyone. Commissioner Allen: Congratulations. Ms. Nelson: Thank you. Vice Chairman Gonzalez: Congratulations. Commissioner Winton: So that's my motion. Commissioner Allen: OK, I move the item, with -- Vice Chairman Gonzalez: OK. Commissioner Allen: -- the modification. Vice Chairman Gonzalez: We have a motion and we have a second, with the modification. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: Motion carries. Commissioner Winton: Joyce, thank you very much. Ms. Nelson: Thank you. Vice Chairman Gonzalez: OK, let's break for lunch, and we should be back by 2:30; is that all right with you? Commissioner Allen: Two -thirty? Commissioner Winton: Great. Vice Chairman Gonzalez: Two -thirty. Commissioner Allen: OK. Vice Chairman Gonzalez: OK. D2.5 05-00447 DISCUSSION ITEM City ofMiami Page 63 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 FUND. DISCUSSED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to direct the City Manager to hire consultants, if necessary, to define, empirically, (1) the amount of money generated statewide from Doc (document) stamp and earmarked for affordable housing; (2) how much of that money is from Miami -Dade County, and specifically, the City ofMiami; and (3) how much Miami -Dade County and the City of Miami each are getting back. Chairman Sanchez: Taking care of that, I believe you have another one -- Commissioner Winton: Yes, I do. Commissioner Winton: -- Commissioner Winton. Commissioner Winton: And it turns out -- this is -- if you remember, I brought this up at the last Commission meeting where I wanted to discuss the State's Affordable Housing Trust Fund, because if you remember, the legislature was trying to essentially raid the Affordable Housing Trust Fund, and the mechanism was going to be to put a cap on how many of those dollars could go into the fund, and then take the rest of the money and spend it on whatever the hell they wanted to spend it on, and we all know that affordable housing is the biggest challenge we have in our city. We hear about it in all areas, in all circles, and everybody's always criticizing -- it's a statewide issue, and how our legislature could think that they ought to be able to raid the fund -- so I ask now -- it turns out that in this session, it did not happen, but I think that we need to be proactive and get our lobbyists, and anyone else we can get, started today on beating the drums. Probably, the League of Cities ought to be involved in this; any other entity out there that we can think of to start the drum beat to make sure that the discussion of glomming onto affordable housing trust funds in the Florida Legislature just simply can't happen, so -- and I asked Barbara to prepare some -- a report, and what I really wanted to understand is the genesis of the original legislation that created this trust fund, which would describe how the money is created -- I mean, how the -- what the funding source for this trust fund was, so that we can then determine whether or not we wanted to take steps or not take steps. That was the purpose here. Barbara Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. Basically, this housing act was created in 1992, and it basically says that 58 percent of the doc. (document) stamp revenue is set aside for housing. Once they get it, the City ofMiami is an entitlement city, and it does come down, and it's based -- the formula is based on population, so we have been getting funding since the program was created. The Sadowski Act, which was the one that created this Trust, it created two trusts; one was the State Housing Trust Fund, and the other one, which is the Local Initiative Housing Trust, and it's basically to fund down payment assistance. It's basically to fund predevelopment costs and affordable housing, in our case. We've been getting -- and I provided your office with a report, Commissioner -- in the last five years, we have gotten 10 million -- 10.6. We get approximately $2 million a year. We've basically been using this money for down payment assistance because this is the only program that we have that you target higher income people; 80 to 120 percent, so our money has been basically going as per the report that I supplied your office to down payment assistant, replacement housing because they do not need environmental studies, and owner -occupied rehab houses. We've only funded, in the last four years, two projects; one was an elderly housing project in District 3, Brisas del Mar, which we funded $540, 000 in the year 2003-2004, and in the year 2002-2003, we funded the Overtown Condominium, which it, in reality, was a City ofMiami Page 64 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 down payment assistant, as well. Basically, what the legislation approved in House Bill 1889 is that next year, it's going to be 443 million appropriated, which has been the highest ever, and we expect that it's going to increase our revenue from 1.7 to 3.2. However, there is a cap on the fiscal year '07/'08 to 243 million, so they are already saying that we're not going to do it this year, but we are capping the '07 -- Commissioner Winton: Well, there you go. Ms. Gomez -Rodriguez: -- '08. Again, this is a program that has been successful. It has very little string attached. It is not like HUD (Housing and Urban Development) requirement; it does not require relocation, it does not require environmental, and it does help you target 80 to 120 percent of medium income. Commissioner Winton: Let me all -- you said -- in funding allocation, you said the allocation -- the revenue source is doc. stamp. Ms. Gomez -Rodriguez: Correct. Commissioner Winton: The allocation is on the basis of population? Ms. Gomez -Rodriguez: Population, yes. Commissioner Winton: Well -- Ms. Gomez -Rodriguez: With certain counties, if the threshold, then they're giving a minimum, but the rest is based on population. The statute that created it basically says that distribution of assistance is based on the county's population. Commissioner Allen: Right. Yep. Commissioner Winton: Which seem -- you know, we keep getting killed in the Florida Legislature; they're killing our school system, they whacked us last year, they whacked us this year. This law was set up to whack us because I'll guarantee you, the primary revenue source is Miami -Dade County -- Ms. Gomez -Rodriguez: The same thing as surtax. Commissioner Winton: -- but the distribution -- Vice Chairman Gonzalez: Definitely. Commissioner Winton: -- because it's dollar value here -- Vice Chairman Gonzalez: Yeah. Commissioner Allen: Right. Commissioner Winton: -- and the distribution's on population, so that's going to be disproportionate, not in our benefit. The other thing I found interesting here is that in 2000-2001, we got $2.5 million. Ms. Gomez -Rodriguez: Right. Commissioner Winton: We've gone downhill every year since. How's that happen? City ofMiami Page 65 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Ms. Gomez -Rodriguez: Once -- the thing is that even though that it's on population -- remember, it's only 58 percent of the funding that they distribute. Because of hurricane, they've been tapping into these dollars for emergency and for hurricane, so what happen, even though that 58 should be coming down, they are considering hurricane priority. If your district was not impacted by hurricane, under their spectrum, that money is pulled away. Commissioner Winton: Well -- Ms. Gomez -Rodriguez: Just to give -- Commissioner Winton: And I could buy that, because we would be -- you know, we're an easy target for a hurricane, so I could understand the logic of it in many respects. I'd be curious to understand how they make the determination as to the allocation relative to hurricane versus ongoing housing needs. Commissioner Regalado: But just a point, if you yield. Commissioner Winton: Yes. Commissioner Regalado: Remember, FEMA (Federal Emergency Management Agency) decided that 12,000 residents in Miami -Dade County were approved to get hurricane relief emergency assistance in terms of money, even though these people were not -- they were not directly impacted by a hurricane. The measure that FEMA uses, I don't know if it's the same measure that the State uses, but I mean -- you know, if they use FEMA, them Miami -Dade County and the City ofMiami is approved to get this hurricane funding. Ms. Gomez -Rodriguez: The one that we're going to be -- fiscal year '05/'06, the legislation passed that out of the $443 million, 250 million will go to hurricane housing funding; 193 million will be going to affordable housing, which will be distributed throughout the state. Commissioner Winton: Wow. Ms. Gomez -Rodriguez: So that's House pass -- House Bill 1889, allocating 193 million, and 250 million for hurricane housing. Commissioner Winton: Well, now, this -- the doc. stamp revenue, the law was created to force people who buy real estate to pay into this fund, and it seems to me that if the State of Florida is going to -- our legislature is going to unilaterally reduce the amount they're going to let local governments use for affordable housing, then what they really ought to do is reduce the doc. stamp payment, not put more money into the general fund. That seems, to me, just to be an extra tax -- Ms. Gomez -Rodriguez: Right. Commissioner Winton: -- that our, you know, no tax people are promoting a new tax, so that's one of the arguments, but the principle argument here is the argument about the gall of the Florida Legislature to put a cap on a dedicated source of funding for affordable housing that could continue to grow and grow and grow, and give us a real opportunity to provide affordable housing throughout this State, and these people are thinking that they're going to put a cap on the amount that goes to affordable housing, and then -- I can't say it this way -- just scatter away the rest of the money, eat it up in government? That is just absolutely wrong, and I think that we need to figure out what we're going to do to block that move that will occur, because we've been put on notice two years from now where there will be a cap, and Barbara City ofMiami Page 66 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 said -- you said we're going to collect $450, 000 -- I mean, $450 million this coming year? Ms. Gomez -Rodriguez: Right now, they passed 450 -- they passed -- where are you? They just passed the bill allocating 443 million for -- Commissioner Winton: Well, how much was generated? Ms. Gomez -Rodriguez: -- for fiscal year '05/'06. Commissioner Winton: How much was generated? Ms. Gomez -Rodriguez: They don't say. I don't have that report here. Commissioner Winton: OK. Here's what think we need to do. Maybe we need to pass a resolution that directs the Manager to hire whatever consultants we need to hire to understand, empirically, at least two things: One, how much money is being generated statewide in doc. stamp revenue that should be earmarked for affordable housing, and two, how much of that money is coming out ofMiami-Dade County, and specifically the City ofMiami, and how much Miami -Dade County is getting back, and how much the City ofMiami is getting back. I think armed with that information, we can figure out what our battle lines will be. Commissioner Allen: Mr. Chairman, ifI may, but is all this not public information, that we can just -- Commissioner Winton: Well, somebody's got to gather it. Ms. Gomez -Rodriguez: Well, you've got -- Commissioner Allen: Gather it. Ms. Gomez -Rodriguez: -- to gather it. Commissioner Allen: Right, butl -- Ms. Gomez -Rodriguez: We are gathering that information for surtax purposes, because we feel the same thing on surtax -- Commissioner Allen: Right. Ms. Gomez -Rodriguez: -- so we have started -- Commissioner Allen: Right. Ms. Gomez -Rodriguez: -- a process of understanding how much have they collected, what is it -- how are they distributing, and who's benefiting from those dollars, so we will include this. Commissioner Allen: Right. I guess my point is, as opposed to hiring a consultant, don't we have the capacity -- Commissioner Winton: Oh, yeah. No, no, and I misstated. Commissioner Allen: -- staff -wise -- Commissioner Winton: I don't -- it's -- let me restate that. If we have staff that can do it, use City ofMiami Page 67 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 staff. Commissioner Allen: Right. Commissioner Winton: If we don't, I would like to authorize the City Manager to hire a consultant, if he needs to hire a consultant, to do this analysis. Chairman Sanchez: All right. Is that in a motion form? Commissioner Winton: And that's my resolution. That's my motion. Chairman Sanchez: All right. There's a motion by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: I'll second. Chairman Sanchez: 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. DISTRICT 3 CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 05-00336 DISCUSSION ITEM DISCUSSION ABOUT LIVING WAGE ORDINANCE. Direction to the Administration by Commissioner Regalado to bring back, at the next regular Commission meeting currently scheduled for June 9, statistical data to support passing a living wage ordinance in the City ofMiami, as is currently being implemented by Miami -Dade County and the City ofMiami Beach; further, that the City Attorney shall draft appropriate legislation to consider at said meeting. Commissioner Regalado: Just -- the other item has to do, actually, with -- until the Administration came with this intelligent way to select the contractors, we were everyday praising Miami Beach for the way that they -- that we were able to piggyback on the contracts of the City ofMiami Beach. We were praising the County for the way that we were able to piggyback on the contracts from the County, and this item has to do with that. It has to do with the living wage ordinance, which Miami Beach enacted three years ago, and has worked in the City; which the County enacted two years ago, and has worked in the County very well. Recently, as the Park Manager mentioned, there has been an increase of the minimum salary in the state of Florida of $1 for laborers and restaurant workers, $1 additional, and there is a movement throughout the state of Florida to implement living wage ordinance, especially in these times where, according to the census bureau, the gas prices and the index of inflation in the United States and in the state of Florida, has gone up, in the last ten months, more than three points, while salary has not been increased in the last years, and this is why I hope that the Commission would consider to start the process to discuss the living wage ordinance in the City ofMiami Page 68 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 City ofMiami. The impact on the City is minimum, according to the statistics. Mr. Larry Spring, from the Budget Department, our Budget Director, has some details, and actually, he has been meeting with the County on this issue, and I think that it's important that the City Commission understand that the monetary impact to the City ofMiami, as a government, is minimal regarding the living wage; that the impact will be to the people doing business with the City ofMiami, and mind you, we have been using companies that are under the living wage ordinance because we have been using Miami Beach and Miami -Dade County, many of these companies, and you know, the County has one; the world has not ended. Miami Beach has one; the world has not ended. In fact, they're doing better than anybody else, so I am requesting that we start the process; that the City Attorney will draft an ordinance; that Larry will be given some direction through the Manager to bring us, especially and principally, the way of compliance, especially if we can use the board already set up in the County, and the facilities of the County for compliance, and we don't have to create another layer of bureaucracy in the City ofMiami. That is my proposal. Larry. Larry Spring: Commissioners, Larry Spring, Chief of Strategic Planning, Budgeting and Performance. I appreciate Commissioner Regalado's lead on this. I know in the Mayor's previous State of the Cities, he's also behind the living wage ordinance being implemented. This Commission actually directed us to do some impact analysis. We started in the process, but we have not completed. Some of you have probably read or seen the impact of living wage ordinance on the City ofMiami that was prepared by FIU (Florida International University), Dr. Nissen, specifically. It does get into the numbers; it does show a minimal impact. The area, as Commissioner Regalado pointed out, that have some concerns with relate to compliance. The County, as an entity who's already implemented an ordinance, has a staff of about 30 people, split probably 20/80 between dealing with procurement issues on services, like janitorial, landscaping, things of that nature, and then construction, on the other side, so compliance would be an issue of concern. You know, at this time, if this Commission sees fits, we will continue on that impact analysis. One of the things I think we should do is continue to work with Dr. Nissen, which would require probably some contracting to use his modeling, with some more specific numbers, because the study that they did prepare already, if you look at -- read the executive summary, does state that they've not -- they've considered the impact of compliance, but did not include it in the numbers here, and then there's some averaging that was done that think we need to get in more specifics, and you know, we have some issues that we want to look into, so I would, you know, kind of recommend that we use an internal committee to get some of this stuff done. Chairman Sanchez: Any questions? Commissioner Allen: Yeah, iflcould just weigh in. Commissioner Regalado: Can I just say -- Commissioner Allen: Sure. Chairman Sanchez: Commissioner Regalado, you still have the floor. Commissioner Regalado: I just want to ask the Commission to at least direct Larry and the Administration to bring back, in the next regular Commission meeting, not the P&Z (Planning & Zoning) Commission, so that will be in 30 days, on the June, so we can have an ordinance ready, and when we have the ordinance ready, and when we have Larry's numbers, and especially, if we can piggyback off the County for compliance and we don't have to start adding people, then we can probably discuss and pass the ordinance on first reading by that time. It is important because we're falling behind. There's nothing wrong with poor people making a little more money, and we all agree with that. The companies that the County is using are most the City ofMiami Page 69 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 same companies that we're using. The companies that we use are the companies that Miami Beach use. There's not going to be major problems of companies refusing to work for the City because that hasn't happened in Miami Beach; that hasn't happened in the County. Everybody seems to be happy. Is it an added cost? We don't know, but you know, this is -- we're spreading a little wealth here. Those 146, or $26 million, whatever, maybe in the future we can get these people to have a living wage ordinance. It's only two additional dollars and a half two dollars and a half from the minimum wage now in the state of Florida. It's -- Commissioner Winton: It's what? Commissioner Regalado: The minimum wage is 6.15 now -- Commissioner Allen: Yeah. Commissioner Regalado: -- the living wage is 9.15, so it will be $3, in terms of minimum wage, if we implement like the County and Miami Beach, the -- this ordinance, so do we -- should we have a threshold? Yes, we should have a threshold, and that is what Larry will bring back to us. The same scenario as in Miami Beach, as in the County, but you know, I checked -- we double-checked the companies that we were using for work here in the City ofMiami, and the one in Miami Beach, the same, and they have living wage ordinance, so I guess that they were paying, to this worker here, the same amount of money because they're not -- if they're sent to work in the street ofMiami, they will not decrease the number -- Mr. Spring: OK. Commissioner Regalado: -- so -- Commissioner Allen: Right. Mr. Spring: I should also put it on the record that, led by this Commission, we've already taken internal steps in dealing with our employ -- I don't -- our internal employees. I don't see this ordinance implementation having an impact on our internal employees. That -- one move was to the action that was passed last year to have all of the temporaries who were employed longer than ten years be placed in transition -- into permanent positions. The other thing that was passed, and approved, and is -- Commissioner Winton: Well -- Mr. Spring: -- in place right now, we also provide a supplemental healthcare plan for temporary, part-time employees, as well, which has contributed to kind of baby steps, if you will, into getting to the ordinance, so -- Commissioner Allen: OK. Commissioner Winton: Mr. Chairman. Commissioner Allen: Mr. Chairman, yeah, I was just going to quickly weigh in, as well, Mr. Chairman. I guess the issue is, how much of a priority is this for the City to get this done, so based on what Commissioner Regalado, I would like to call the question. Let's just flag this as a priority, as you said, with respect to the next regular Commission meeting, and if that -- Commissioner Winton: Well -- Commissioner Allen: -- suits the balance of the Commission. City ofMiami Page 70 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Winton: -- I'm not going to vote on any ordinance Commissioner Regalado: Johnny, the information. Commissioner Allen: No, no, the findings. Commissioner Regalado: The information. Commissioner Allen: The findings report. Commissioner Regalado: He's bringing the -- Commissioner Winton: Oh, OK. Commissioner Regalado: -- information -- Commissioner Allen: The report. Commissioner Winton: That's fine. Commissioner Regalado: -- with the ordinance, and then before, you have the -- Commissioner Allen: Yeah. Commissioner Regalado: -- information, and then you decide. Commissioner Winton: OK. Chairman Sanchez: All right. Commissioner Allen: The findings of fact, if you will. Commissioner Winton: Because I'm -- Commissioner Allen: Yeah. Chairman Sanchez: All right. There's a directive already to the Administration on the item. Commissioner Allen: Right. Chairman Sanchez: At the next regular Commission meeting, they'll come back with all -- Commissioner Allen: Yeah, so we'll flag this as a priority. Chairman Sanchez: -- the details so we can move forward. Commissioner Winton: If you have all the data collected -- Commissioner Allen: Yeah. Chairman Sanchez: Yes. Commissioner Winton: -- because that data collection's crucial in understanding the impact, City ofMiami Page 71 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 and -- Commissioner Regalado: And he promised that he would (UNINTELLIGIBLE) -- Commissioner Winton: OK. Commissioner Allen: Right. Commissioner Regalado: -- he would -- he promised he would have the data. Chairman Sanchez: Compliance. Commissioner Winton: But I don't understand -- Commissioner Allen: OK. Commissioner Winton: -- if the minimum wage is 9.15, or whatever the number is, $9, and the minim -- the living wage is 9.15; the minimum wage went up to 6.15. That had a dollar an hour impact on our Parks Department employees; why won't the min -- what's this wage called, Tomas? Commissioner Allen: Right. Commissioner Regalado: I'm sorry? Commissioner Winton: The what? What's this called? Mr. Spring: Living wage. Commissioner Winton: Living wage. Commissioner Regalado: Living wage. Commissioner Winton: Why won't that have an impact on our Parks Department? Commissioner Allen: Well -- Mr. Spring: You'd have to analyze those employees. Commissioner Allen: Right. Mr. Spring: Some of those employees who are being paid the minimum wage are part-time, summer employees, so they're not permanent employees. I would say over 95 percent of our permanent -- well, probably, a hundred percent of our permanent employees don't have a living wage issue because they're unionized, or they're in this pay structure. Those employees in the parks, like your rec. (recreation) aides that work for the summer, probably some lifeguards, and things of that nature, are paid minimum wage, and that's why he has a specific impact in his department. Commissioner Winton: OK, got it. Commissioner Allen: OK. Chairman Sanchez: All right. OK, thank you so much. Let's go into FR.3. City ofMiami Page 72 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Regalado: Do we need to vote on this or -- Commissioner Winton: Yeah, we do. Chairman Sanchez: No, it's -- well, you don't need a motion. You're directing the City Manager to come back at the next Commission meeting. Commissioner Allen: Right. Commissioner Regalado: OK. Commissioner Allen: OK. Commissioner Regalado: Thank you. Chairman Sanchez: OK. D4.2 05-00404 DISCUSSION ITEM DISCUSSION ABOUT PARENTS CONCERNS ON THE SUBJECT OF ACTIVITIES AND RATES AT WEST END PARK. A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, to direct the City Manager to provide a pilot program this summer at West End Park offering a free summer camp program structured like other free summer camp programs in other City parks. Chairman Sanchez: Why don't we go into the blue pages? Commissioner Winton -- Commissioner Allen: Blue pages. Chairman Sanchez: Commissioner Winton, would you yield to Commissioner Regalado, and then we'll do yours? Commissioner Regalado, you're recognized. I know you have to leave early, and we want to make sure we get your items -- Commissioner Regalado: Oh, we got time, but -- Chairman Sanchez: -- out of the way. Commissioner Regalado: -- thank you very much, Mr. Chairman. Thank you, Commissioner Winton. I have two items here; one has to do with West End Park, and there is a group of parents -- Ms. Hernandez -- and they have been communicating with me regarding the raise of the rates in West End Park for the summer camp. West End Park is one of the most active parks in our district, and when they came to us, and to the Administration, I spoke to the Parks Director, I spoke to Alicia, and what Alicia agreed is to listen to these parents, and Ms. Hernandez represents more than 50 parents, and during the discussion, she agreed that we are in the middle of a master plan for the Parks Department. The Parks Director is looking into every and any program that we have in the Parks Department, so because the parents were notified just at the last minute that there will be a raise in rates in this park of $20 a week, which will mean around $140 for the summer camp additional for each child, so I requested Alicia to speak to the Parks Director to see if waiting for the outcome of the master plan, and to determine whether or not we should keep having the different activities that we have or we planned in West End Park, which is, by the way, full -- at full capacity for the summer camp. We can delay the raise in rates until next summer, so the Parks Director can explain, and City ofMiami Page 73 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 everybody can understand what are the different activities that the park will be offering, and of course, the need of the Parks Department in terms of the rates that will be applied for the summer camp, so having said that, I don't know if Ms. Hernandez, you -- if you can do it briefly, I really appreciate it because my colleagues have a lot of -- Juanita Hernandez: Absolutely. Commissioner Regalado: -- issues. Ms. Hernandez: Absolutely. Thank you for allowing me this opportunity. This is my first time here, so I -- Chairman Sanchez: Could you state your name and your address for the record? Ms. Hernandez: Oh, I'm sorry. Juanita Hernandez. Chairman Sanchez: Thank you. Ms. Hernandez: And my address, 6490 Southwest 2nd Street, right in the West End area. Thank you for the opportunity, and I will be brief out of respect for your time. Our biggest concern in our community is that we love our park, and we want to revitalize it. I know that the City has put money into beautifying the park, and we appreciate that, take note of that and all the recent additions to our park, but there are some essential things, as far as the summer program, as well as a couple of other things; summer program being the most urgent one. The cost is going up, if you put it in weekly terms, by only $20, but if you multiply that out to the nine -week program, it does come to an increase of $205. Parents are required to pay that in one lump sum by the beginning of the program, and quite frankly, that's stressful to a lot of us, not only because it was last minute, but also because many of the activities that has -- have been going on in the park for a very long time as a part of that summer program are being reduced, if not excluded, so the cost is going up by 56.9 percent. We think that's an awful lot, especially since many parks in the City are even having free programs, so to be very honest with you, we're wondering if we're supplementing those free programs, and if an exorbitant amount of pressure is being put on our pocketbooks to supplement programs, while also activities are being minimized, and we will not stand for it. We want our children to have a fun environment as far as an -- as well as an educational environment. I know some additions as far as reading programs and physical activities, and we're all for that, have been added, but field trips, which exceed eight in many parks, are being reduced to four. Field trips included, at times, movies, which was done every Tuesday at our park for the nine -week period, they're being deleted. My understanding is that, to supplement that, they're giving Blockbuster cards, OK. I invite you all to come over and see our 27-inch TV (television) and a hundred children crowded around that. It's not feasible. It's not fair to our park, especially all the other activities that are going on in the other parks. Also, my last point is the hours of the program. The hours of the program are 8 to 5. None of us parents -- and I would mention, Mr. Regalado, that the 50 signatures on my petition are just a brief reflection of the concern out there. It's just that, as a single mom of three kids, I really don't have the extra time to go and pick all those up. There's a lot of concern at West End that we don't have a fair program, and none of us can go to our bosses and say, hey, for the summer, you know, I need to come in later, and you know, be off by 4:30; because no matter how close you are to West End Park, to pick up your kid by five is unreasonable. Any other summer program in the City, whether it be private or non -for -profit has extended hours due to the fact. We have an extended hours program, as well, but then you have to add $10 a week, so that's an additional $90 for the summer program to be able to drop your child off early or pick them up late, so those are our points of our concern. Thank you. City ofMiami Page 74 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Regalado: Thank you, Ms. Hernandez. Chairman Sanchez: Mr. Parks Director, could you justify? Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation, City ofMiami. The cost is $60 for eight weeks; if you have a second child, it's reduced to $50. It's 45 hours of instruction, breaks down to 12 hours a day. What you get is 9 hours of supervision activities, learn to swim, lunch, and a snack in the evening. Your ratio is one employee for every 15 kids. For West End -- and we just completed our schedule -- they will do a field trip to Seaquarium on the 17th of June. They will do the Children Museum on the 24th of June. They will do Boomer's on the 30th of June. They will see the Marlin baseball game on the 7th of July. They will go to Game Works on the 15th of July. They will do the Parrot Jungle on the 22nd of July, and on the 29th is, in fact, the citywide picnic. Commissioner Allen: Boy. Mr. Burkeen: I did eliminate movies across the board. Movies does not enhance a child's summer experience, and probably, next year I'm going to eliminate the video works because I don't think that enhances a child's summer experience also. You should be aware that, May 2, the minimum wage went up from 5.15 to 6.15; that impacts us tremendously. We have a lot of 5.15 employees that automatically go to 6.15. Things continue to increase, and so we try to increase in as less a manner as we can. If you compare, Miami -Dade charges $70 a week, and you pay extra for your fieldtrips; City of Hialeah charges $65 a week. I think that there probably is a hardship when you talk about paying it all at once, and we probably can look at how we could phase that in, butl think the $60 that we're charging is still the lowest in the area. Commissioner Allen: Great. Commissioner Regalado: Mr. Chairman -- Ms. Hernandez: What about at other parks? Commissioner Regalado: -- ifI may, I understand the need. First of all, I think that by eliminating the movies, I think that it may be controversial, but it's a smart move on your part, and that part, I agree with the Parks Director because, you know, movies can always be to one side or another side; a more corporal activity is needed, a more cultural activity is needed. My point, Mr. Parks Director, is, again, because this was last minute, and because all these are working parents -- I mean, the neighborhood around West End -- and I know perfectly that area -- it's all working parents, a lot of single mothers like Ms. Hernandez. People that do work -- they cannot afford right off the bat -- I mean, if we say this year, look, next year be prepared because we are considering this, but my question -- is it possible? -- my request is, because it was a last minute thing, can we defer the rates increase until next summer camp, so the parents will understand that they going to have to be prepared for the next season? Granted, the living wage ordinance, it's been implemented, and -- I'm sorry, the salary. I was thinking of the need of the living wage, but -- and if this happened, and I hope it will, you will have also some issues to deal. The problem is that the Parks Department is the one department in the City ofMiami that it's worth subsidize because it is the department that serve all of the people that want to be served. I mean, you don't need the police until you have a problem, or the Fire, when you have a fire, but parks, you use parks all day, all the time, and people do want to go to the parks, so this is my appeal to the Parks Director. Just give the parents some time to assess the need. After all, we haven't finished the master plan for the parks, and that is -- Commissioner Winton: I think the appeal has to go to the Manager. City ofMiami Page 75 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Regalado: No, I -- yeah, but the Manager won't do anything if the Parks Director -- but I do appeal to the Manager, and it's not because it is -- it was a last-minute thing, and the parents were not prepared, and I'm telling you, I know some of these parents. They do not have the resources to come out with 200 and $300 additional, and especially in the case where they have several children. Mr. Burkeen: We have seven camps that are paid; five, of course, are in your district; 23 are not paid, and so there are opportunities for those who cannot afford to pay to go to one of the 23 other sites that we'd be more than happy to facilitate. Ms. Hernandez: Distance does not -- Vice Chairman Gonzalez: Commissioner -- Ms. Hernandez: -- allow that. Not every parent can, you know, drive down to Little Havana, or to Allapattah to get a free ride. I mean, some of us -- we work very hard to try to raise our children in our neighborhood of choice, and we shouldn't have to go down to those neighborhoods to get equitable treatment. Those that need help are in every area of town. Mr. Burkeen: Would it help if we could devise a payment plan so that you don't have to pay it all upfront? Ms. Hernandez: I think it certainly helps, but I do think that a 56.9 percent increase in one year, regardless of the fact that there hasn't been an increase in five years. That's like, you know, I'm renting for a thousand dollars; is it fair for my landlord now to come and say, you know what, you're going to have to pay $1500 a month. Your rent hasn't gone up in five years. Do I have to pay that price? Is that fair and equitable? Joe Arriola (City Manager): Let me say this again. There are -- Vice Chairman Gonzalez: Mr. Chairman. Mr. Arriola: -- 24 parks that are free. Vice Chairman Gonzalez: I -- Mr. Chairman. Chairman Sanchez: You're recognized. Vice Chairman Gonzalez: Commissioner, will you yield? Commissioner Regalado: Yes. Vice Chairman Gonzalez: I do have a question because I heard the reference of free parks and parks that we're charging at. What are the benefits of the kids that are going to the free parks - Mr. Burkeen: For the -- Vice Chairman Gonzalez: -- compared to the ones that are getting paid? Mr. Burkeen: -- free parks, you have only two fieldtrips for the entire summer. Vice Chairman Gonzalez: Against seven. City ofMiami Page 76 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Mr. Burkeen: Seven. In the paid camps, you have one employee for every 15 kids; if it's a free camp, you have one employee for every 30 to 45 kids, so you do not have as many resources there. Ms. Hernandez: So our increase is helping to pay for those parks, right? And if you -- Mr. Arriola: No, no. Ma'am -- Ms. Hernandez: -- look at the addresses, they're -- Mr. Arriola: Ma'am, ma'am. Ms. Hernandez: -- not in the west area. Commissioner Winton: That is not what he said. Mr. Arriola: Don't go there. The -- we raised $35, 000; this costs us $900, 000. Your increase is not paying for anything other than we have higher costs. We still lose for -- we charge you a dollar thirty -something an hour. We are paying over $3.50 an hour, so you're not subsidizing anything. We lose money at those rates. We lose a lot of money in those rates. It's just that those that want the most special camp have to pay a little bit more, and if you don't want to pay for it, there are 24 camps you can go to that are free; it doesn't cost you a penny. Forget the 50 percent increase; doesn't cost you a penny. You can go and do whatever you want, and they're good enough for every district and everybody else in the City. Ms. Hernandez: But expenses have gone up by $200 a head, per child? Mr. Arriola: Yes, and we still don't cover it. Ms. Hernandez: Really? Commissioner Regalado: Can I -- Mr. Arriola: And we don't cover it. Commissioner Regalado: Excuse me, can I -- Ms. Hernandez: I thought -- Commissioner Regalado: Mr. Chairman -- Chairman Sanchez: All right. Commissioner Regalado: -- can I ask something, Mr. Parks Director. In District 4, how many paid programs are in parks? Mr. Burkeen: In your district? Commissioner Regalado: Yes. Mr. Burkeen: There are five paid camps in your district. Commissioner Regalado: OK, and in the City? City ofMiami Page 77 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Mr. Burkeen: Seven. Commissioner Regalado: Seven. OK, and in District 4, how many free programs? Ms. Hernandez: I have the list here. Mr. Burkeen: I don't think you have any. Commissioner Regalado: OK, so we don't have any; so, your advice and the Manager advice is for the people in District 4 that have children to move out of District 4 so they can be closer to the free programs. Mr. Burkeen: Commissioner -- Commissioner Regalado: Would you do that? Can you move to somewhere in the City -- Mr. Arriola: No, but we could do -- Ms. Hernandez: Of course not. Mr. Arriola: I can tell you what, we can make them free, and we will give you the same treatment. Commissioner Regalado: Well -- Mr. Arriola: OK? Commissioner Regalado: -- you know, I agree -- Mr. Arriola: You want to do that? Commissioner Regalado: -- with that. I fully agree with that; I totally agree with that. Would you agree with changing the whole structure right now in West End Park, Mr. Parks Director? I fully -- in fact, I urge you, I plead with you to do what the Manager is saying that we could do and we should do. Chairman Sanchez: Well, it should be a directive from the Commission. If you make a motion to make some parks in your district free, I mean -- Commissioner Regalado: I am -- Mr. Burkeen: Commissioner -- Commissioner Regalado: -- asking the Manager to -- Mr. Burkeen: If -- Commissioner Regalado: -- request from -- Mr. Burkeen: Commissioner -- Commissioner Regalado: -- the Parks Director to change the structure of West End Park summer camp; make it free; change -- reduce the number of fieldtrips; reduce the number City ofMiami Page 78 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 employees per child; reduce the number of amenities, but do it free. Mr. Arriola: Yep. Commissioner Regalado: OK. Chairman Sanchez: Is that your motion? Commissioner Regalado: That -- it don't even need a motion. Vice Chairman Gonzalez: I'll second. Commissioner Regalado: We have -- the Manager said yes. Mr. Arriola: I'll be delighted -- Vice Chairman Gonzalez: I'll second it for discussion. Mr. Arriola: -- to do that. I don't want her coming back complaining. Chairman Sanchez: Well -- Commissioner Winton: Well -- Vice Chairman Gonzalez: I'll second it for discussion. Chairman Sanchez: Listen, we got to get -- Commissioner Winton: You don't get that often. Chairman Sanchez: Listen, we're going to run this meeting with order, and the way we're going to do it, if you have a directive towards the Administrator, Mr. -- Commissioner Regalado, you need to make a motion. Commissioner Regalado: I'll make a motion, but the Manager said yes. Mr. Arriola: Yeah. Commissioner Regalado: He's doing -- Vice Chairman Gonzalez: I'll second the motion for discussion. Chairman Sanchez: There's a motion directing the Manager to come back in your district, to turn some of your parks that are paying parks now -- Mr. Arriola: No, he wants the West End. Chairman Sanchez: -- to free parks. Commissioner Winton: No, West End Park only. Commissioner Regalado: No, West End. I'm talking about -- Chairman Sanchez: West End. City ofMiami Page 79 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Regalado: -- West End, and the -- Chairman Sanchez: There's a motion by Commissioner Regalado, second by Vice Chairman Gonzalez. Now, it is open for discussion. Commissioner Regalado: And, Mr. Chairman -- Vice Chairman Gonzalez: Discussion. Commissioner Regalado: -- the reason I'm doing this is because the Parks Director just said that, of the seven -- Chairman Sanchez: And I agree with you. Commissioner Regalado: -- paid camps, five are in District 4, which by the way, if you look at the census tract, is a working-class neighborhood, and we're talking a huge amount of working-class and retired people; just look at the census tract figure. There is -- there are many, many people in need in this district, so my motion will be on West End Park, as a pilot program this summer, to convert the summer camp to a free summer camp with the same structure that other free parks have in the City ofMiami. Chairman Sanchez: All right. That motion has already been introduced, and there is a second. It is under discussion. Commissioner Gonzalez -- Vice Chairman Gonzalez. Vice Chairman Gonzalez: Yeah. Let me tell you, I totally agree with Commissioner Regalado in the sense that we need to establish a system in every district where the residents, or the parents, have an alternative. If I can afford to send my kid -- Commissioner Winton: Right. Vice Chairman Gonzalez: -- and pay $60 a week, I send them to this camp. If I can't, but I want to send my kid to a summer camp, I can send them to other -- this other program, where it won't cost me anything, but you need to give alternatives. I mean, you cannot concentrate all the paid programs in one district and don't give that district any alternatives. Commissioner Winton: An alternative. Vice Chairman Gonzalez: Because, you know, if you would have done that to me, I would also be in the same situation. Chairman Sanchez: All right. Vice Chairman Gonzalez: I might have people in my district that can't afford to pay the $60, but I have a lot of families that can afford to pay 30; and they may -- you know, even though the program is not as good as the other program, they'd rather -- they have to send their kids to the one that is free, so you know, I -- Arriola: Commissioner -- Vice Chairman Gonzalez: -- agree a hundred percent with what you're doing. Mr. Arriola: -- so we don't get deviated from this thing. You have to understand that, Commissioner, District 4 is blessed with big parks, and is blessed with the way people drive in. City ofMiami Page 80 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 These are not all District 4 people, as you would say, that are in the park. They're from all over the city, so where people don't -- are not going to drive through -- Commissioner Regalado: Yes, they are. Yes, they are, because I've gotten calls from Commissioner Gonzalez's resident that they were told that they didn't live in the district when they wanted to register their kid in West End Park. Commissioner Winton: No way. Is that correct? Commissioner Regalado: Yes. Commissioner Winton: Mr. Parks Director? Commissioner Regalado: Yes. Mr. Burkeen: It's my understanding. Commissioner Regalado: Yes. Commissioner Winton: Well, that is bad policy. Commissioner Allen: That is. Vice Chairman Gonzalez: That's bad policy. Commissioner Allen: Yeah. Commissioner Regalado: So everyone -- Commissioner Winton: That is bad policy. Commissioner Regalado: -- in that park lives in the neighborhood. Commissioner Winton: That is bad policy. Commissioner Regalado: Everyone in that park -- Commissioner Allen: Right. Commissioner Regalado: -- lives in that neighborhood. Commissioner Winton: We're -- Mr. Burkeen: Commissioner, let me elaborate just a bit. Commissioner Allen: If you're -- Mr. Burkeen: Normally, it's through a number of years that people use the park, and if you've used it, you have first rights to come back, and there's a limit as to what you have. Commissioner Winton: OK. Mr. Burkeen: The people continue to come back. Once they get on, they continue to come back, so it's very hard to entertain someone from outside the district when people in the City ofMiami Page 81 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 neighborhood have already -- Commissioner Winton: Well -- Mr. Burkeen: -- filled the list. Commissioner Winton: -- but that is 100 percent wrong. Commissioner Allen: And it's constitutionally -- Commissioner Winton: It's -- Commissioner Allen: -- it's con -- legally, it's wrong -- Commissioner Winton: Excuse me. Commissioner Allen: -- as well. You can't do that. If you're City ofMiami residents, you're entitled to every use of every park. Mr. Arriola: And you're entitled -- Commissioner Winton: Absolutely. Mr. Arriola: Guys, listen -- Commissioner Winton: Absolutely. Mr. Arriola: -- you're entitled to every park; you could use any park. The problem is if you only have 200 people to go in the park, you give priority to the 200 people that have been attending the park. Commissioner Winton: I don't think any of us will quarrel with that, but it sounds like the practical way we're applying the policy is we are, in fact, not necessarily paying attention to the fact that that 200 is a repeat; we kind of -- Commissioner Allen: Right. Commissioner Winton: -- look and say, if you're outside the district, you don't even get a chance to peek in. Commissioner Allen: It -- yeah. It makes -- it seems -- Mr. Burkeen: No, we look first -- Commissioner Allen: -- like you're excluding people. Mr. Burkeen: -- if you're a repeat. That's the first thing it looks -- I mean, we get the repeats. Commissioner Winton: OK. Mr. Burkeen: The parents right off the bat say I want to come back. Commissioner Winton: And you do repeats first, and then it's open -- City ofMiami Page 82 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: To everyone. Commissioner Winton: -- to everyone? Mr. Burkeen: To everyone. Commissioner Allen: Open enrollment, thereafter. Mr. Burkeen: Correct. Commissioner Winton: OK. Chairman Sanchez: In other words, I think we've cleared that -- the false notion that if you don't live in that district and you apply to go to a park -- Mr. Arriola: Yeah. Chairman Sanchez: -- and there's available capacity for you, you could participate. However, if you have repeaters that are coming back, of course, they have first choice at it. Mr. Burkeen: Correct. Chairman Sanchez: That's crystal clear and understood. All right, so there's -- Commissioner Winton: Mr. Chairman. Chairman Sanchez: -- a motion. Commissioner Regalado: But, still, all of the children in that park live in that area, and that's the important thing. Commissioner Winton: We understand. Commissioner Regalado: That is my point on terms -- and I really thank you, Mr. Manager, for trying this new pilot project in West End Park, and I'm sure that Ms. Hernandez will help us with the parents to understand -- Ms. Hernandez: Whatever you need. Commissioner Regalado: -- the changes that have been done, and that this will be a one-year pilot program, free, for the childrens [sic] of West End Park. Commissioner Winton: And that you will -- Ms. Hernandez: Absolutely. Commissioner Winton: -- during that pilot period, you're going to be working hand in hand with Parks Director to get how you want to make modifications, in whatever fashion, for next summer. Ms. Hernandez: That would be great if you would include me in that. I would love to be a part of that. Commissioner Winton: Mr. Parks Director, could I ask you a question? In District 2, how City ofMiami Page 83 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 many paid parks do we have in District 2? Mr. Arriola: None. Oh, no, Morningside, I'm sorry. Mr. Burkeen: Morningside. Commissioner Regalado: Morningside. Mr. Arriola: That's right. Commissioner Winton: Well, the principal reason is because we don't really have any parks to speak of in District 2. Mr. Arriola: Yeah, that's one of your problems. Commissioner Winton: We don't have any athletic parks in District 2 -- Mr. Arriola: Joe Sanchez would love to have five paying parks. Commissioner Winton: -- with the -- Chairman Sanchez: I would love to have more parks. Commissioner Winton: -- exception -- Yeah. Chairman Sanchez: That's what I'm fighting for, to acquire more land and build more parks, because my district is the district with the least green area. That's why, every chance I get, we turn anything we can into a park. Commissioner Winton: Well, if you take kids that want to play T-ball, or soccer, or that kind of thing, which I've learned now, in most of my district, you have to send them to Key Biscayne. Mr. Arriola: Yeah. Commissioner Winton: And shockingly, they accept them. Chairman Sanchez: Well, you're about to have a great park. Mr. Arriola: You're about to have the greatest park in the world. Chairman Sanchez: Yeah. Commissioner Winton: Well, we've got to get some kids parks. We've got to get -- Mr. Arriola: Well, that's what I'm talking about. That -- Commissioner Winton: -- active athletic fields. Yes. Chairman Sanchez: All right. I think there's been some directives. I think there's a motion and a second. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 84 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Ma'am, congratulations. We look -- Commissioner Regalado: Thank you. Chairman Sanchez: -- forward to you working with the Parks Director. Ms. Hernandez: Thank you. Commissioner Regalado: Thank you. Chairman Sanchez: All right. Commissioner Regalado: Thank you. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Commissioner Regalado, I believe you have another item, the -- Commissioner Regalado: And this will be brief. I understand that there are many items, and I really thank you very much because what you have done, members of the Commission, is to give some relief to many working people in an area, and we'll try this one, and I'm sure that they work. DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN D5.1 05-00444 DISCUSSION ITEM DISCUSSION CONCERNING A RESOLUTION TRANSFERRING $10,000.00 FROM "COMMISSIONERS HONORS PROGRAM" DISTRICT 5 FESTIVAL/SPECIAL EVENTS ACCOUNT AND ALLOCATING THE $10,000.00 TO THE FOLLOWING EVENTS: HAITIAN COMPAS FESTIVAL $3,000.00 MIAMI IDOL EVENT $4,000.00 DO THE RIGHT THING $1,200.00 LITTLE HAITI MAY 18TH CHILDREN PARADE $1,800.00 Discussion on Item D5.1 resulted in the resolution below: (D5.1) 05-00444a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING DONATIONS TO SUPPORT THE FOLLOWING EVENTS IN THE AMOUNTS SPECIFIED HEREIN: $3,000 TO SUPPORT THE HAITIAN COMPAS FESTIVAL, $4,000 TO SUPPORT THE MIAMI IDOL EVENT, $1,000 TO SUPPORT THE "DO THE RIGHT THING" EVENT, $1,500 TO SUPPORT THE ROBERTO CLEMENTE "LEO" SOFTBALL CLASSICS, AND $500 TO HADLEY PARK 4TH OF JULY FIREWORKS EVENT; ALLOCATING FUNDS FROM SPECIAL EVENTS/FESTIVALS ACCOUNT NO. 001000.921054.6.289. City ofMiami Page 85 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Motion by Commissioner Allen, 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-05-0299 Chairman Sanchez: All right. Let's go to the Commission items. We have -- I believe, Commissioner Allen, you have two items, sir. Vice Chairman Gonzalez: Very diplomatic. Commissioner Allen: Yes. Commissioner Winton: Two radicals at this end of the podium. Commissioner Allen: Right, right. Vice Chairman Gonzalez: Very diplomatic. Commissioner Winton: I mean, this is getting scary. Commissioner Allen: Very much so. Commissioner Regalado: Yes, this is bad. Chairman Sanchez: What? Commissioner Winton: I said, two radicals at this end now. Commissioner Regalado: Yeah, this is bad, man. Chairman Sanchez: It must be contagious. Commissioner Allen: Yeah. Yes, Mr. Chairman. I have two items that are pretty perfunctory, and I'd like the Commission's indulgence to, if you will, include the pocket item, which is a resolution, as well -- Chairman Sanchez: Well, why don't we do -- Commissioner Allen: -- for the sake of -- Chairman Sanchez: -- something. Let's -- we all have pocket items. Let's -- Commissioner Allen: OK. Chairman Sanchez: -- wait till the pocket items to the end. Commissioner Allen: OK, great. OK, so this would a resolution, if you will. A resolution of the Miami City Commission authorizing donations to support the following events, in the amounts specified herein: $3, 000 to support the Haitian Compas Festival; $4, 000 to support the Miami Idol event; $1, 000 support the Do the Right Thing event; $1, 500 to support Roberto Clemente Leo Softball Classic, and $500 to Hadley Park Fourth of July Fireworks; allocating funds from the special events festivals account number 001000.921054.6.289. City ofMiami Page 86 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: All right. There's a motion. Is there a second? Vice Chairman Gonzalez: Second. Commissioner Regalado: Second. Chairman Sanchez: There's a second. 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. City ofMiami Page 87 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 PUBLIC HEARINGS PH.1 05-00373 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), 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; APPROVING THE ACQUISITION OF ELEVATOR MAINTENANCE AND REPAIR SERVICES AND ITS UTILIZATION OF ORIGINAL MANUFACTURER'S PARTS, FOR THE DEPARTMENT OF POLICE ("POLICE") HEADQUARTERS BUILDING AT AN ANNUAL COST NOT TO EXCEED $20,000, AND FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES ("CONFERENCES AND CONVENTIONS"), ORANGE BOWL STADIUM, AT AN ANNUAL COST NOT TO EXCEED $32,360, FROM THYSSENKRUPP ELEVATOR CORPORATION, THE SOLE SOURCE PROVIDER, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR FIVE ADDITIONAL ONE-YEAR PERIODS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN ELEVATOR MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THYSSENKRUPP ELEVATOR CORPORATION; ALLOCATING SAID FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.670 AND FROM CONFERENCES AND CONVENTIONS ACCOUNT CODE NO. 404000.350503.6.340. Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0294 Chairman Sanchez: All right. Let's go ahead and get PH.1 out of the way. It's a public hearing. Commissioner Allen: PH.1. Chairman Sanchez: PH.1 is the Elevator Maintenance, Orange Bowl Stadium. It's a public hearing. Commissioner Allen: This a sole source? Vice Chairman Gonzalez: Which one is that? Commissioner Allen: Right, Mr. Chairman? Chairman Sanchez: Let's try to get some of this stuff done. I mean, it's noncontroversial, very simple. All right. Staff are you ready? Let's rock and roll. Got to catch up. Vice Chairman Gonzalez: What item are we under? City ofMiami Page 88 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: PH.1, it's a resolution. The resolution of the City ofMiami Commission, with attachments, by a four fifths vote, affirmative vote, after an advertisement [sic] public hearing, ratifying, approval [sic], and confirming that the City Manager finding of a sole source, waiving the requirements for competitive sealed bidding pro -- is there anybody from the administration here? Vice Chairman Gonzalez: Move PH.1. Chairman Sanchez: Well, no. We -- listen, they got to put something on the record. You've got to put something on the record. Commissioner Allen: Right. Chairman Sanchez: I try to read it. I'm in the process of reading. Commissioner Allen: This is a sole source (UNINTELLIGIBLE), as well. All right. Chairman Sanchez: This is PH.1. It's a resolution. It is a public hearing, and it's $20, 000 for the headquarters building at -- not to exceed $20, 000, and then the Orange Bowl, at an annual cost not to exceed 32, 360 for Elevator Corporation, right? Glenn Marcos: Yes, Commissioner. Glenn Marcos, Purchasing director. The item in front of you is a sole source for the full maintenance and repair services for the elevators for two particular locations within the city. The first one being the police headquarters building, and the second one is the Orange Bowl building. Chairman Sanchez: All right. It's a resolution. 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. Need a motion. Vice Chairman Gonzalez: Move PH.1. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez, second by Commissioner Regalado. Any further discussion -- Commissioner Regalado: One question. Chairman Sanchez: -- on the item. Commissioner Allen: One -- yeah. Commissioner Regalado: One question. Commissioner Allen: For the record. Chairman Sanchez: Commissioner Regalado, you're recognized. Commissioner Regalado: You guys are aware that on July 1, there is a new State law regulating elevators, right? I mean, I don't know what is this, butt just think that there will be some new specifications, so you know, I guess. Commissioner Allen: Right. Are you aware? City ofMiami Page 89 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Mr. Marcos: Well, point well taken. As far as that -- Commissioner Regalado: Oh, Hector knows. Chairman Sanchez: Hector. Hector Lima: Hector Lima, director of Building. Yes, sir, the Elevator Code 2004 will take implementation in July. Commissioner Regalado: OK. Commissioner Allen: So, Mr. Chairman, if this cost would include any potential cost increase? What's your -- ? Joe Arriola (City Manager): This is a very particular thing that we're buying. Years ago, I guess, Glenn, when this elevator was designed and all that, we had a guy here that designed this particular item -- Mr. Marcos: It was the actual refurbishment of the actual elevators. Commissioner Allen: Right. Mr. Marcos: And what happened was is that the actual software that goes along with the actual elevators is basically proprietary software, and only this particular company -- Commissioner Allen: Right, that's what I wanted -- Mr. Marcos: -- can maintain the actual elevators. Commissioner Allen: Right. Right. I wanted to make a finding on the record as to why we're doing a sole source. Mr. Marcos: Yes. Commissioner Allen: You satisfy that. Thanks. Mr. Marcos: And that's consistent with Section 18-92 of the Procurement Code. Commissioner Allen: Good. Chairman Sanchez: Mr. Executive Director, congratulations on your award. Let me tell you, you're doing a great job when it comes to explaining the sole source verbally and in the backup material. Commissioner Allen: Right. Chairman Sanchez: Congratulations to be deserved. Mr. Marcos: Thank you so much, Commissioner. Commissioner Allen: As well. Mr. Marcos: Thank you. City ofMiami Page 90 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: All right. This is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.2 05-00374 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS Police (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION AND INSTALLATION OF FOUR (4) !OMEGA FREEDOM E-SERVER DATA STORAGE DEVICES, FOR THE DEPARTMENT OF POLICE, FROM THE DICTAPHONE CORPORATION, THE SOLE SOURCE PROVIDER, TO INCLUDE MAINTENANCE FOR FIVE (5) YEARS, FOR A TOTAL AMOUNT NOT TO EXCEED $114,650.75; ALLOCATING FUNDS FROM THE E-911 OPERATING BUDGET, ACCOUNT CODE NO. 196003.290531.6.840; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR SAID PURPOSE. Motion by Commissioner Allen, 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-05-0295 Chairman Sanchez: We go to PH.2. PH.2 is also a resolution requiring a four fifth. Could you put something on the record on it? Glenn Marcos: Yes, Commissioner. Glenn Marcos, once again, Purchasing director. What's in front of you is the actual sole source for four Iomega Freedom E-Server, Model P-800 Data Storage Services -- Oh, no, I'm sorry, devices, and this particular device is being provided by Dictaphone Corporation. Basically, this same device, Dictaphone is the only carrier of this particular device throughout the State of Florida. Chairman Sanchez: All right. Commissioner Allen: I move the item. Chairman Sanchez: All right. There's a motion by Commissioner Allen. Second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Commission -- Vice Chairman Gonzalez. Before we open it for discussion in the Commission, 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 for further discussion. Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 91 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 PH.3 05-00375 Department of Parks and Recreation / Department of Economic Development Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS, WAIVING THE REQUIREMENTS FOR SAID COMPETITIVE NEGOTIATION PROCEDURES, PURSUANT TO SECTION 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI DEPARTMENT OF PARKS AND RECREATION THAT AMIGOS TOGETHER FOR KIDS, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("PROVIDER") IS THE MOST QUALIFIED FIRM TO PROVIDE AFTER SCHOOL EDUCATIONAL PROGRAMS AND CULTURAL AND RECREATIONAL ACTIVITIES FOR YOUTHS PRIMARILY AGES 6 THROUGH 12 AT THE CITY -OWNED PROPERTY LOCATED AT 353 SOUTHWEST 4TH STREET, MIAMI, FLORIDA, COMMONLY KNOWN AS JOSE MARTI PARK ("PARK"); AUTHORIZING THE CITY MANAGER TO EXECUTE A PARK PROGRAMMING AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH PROVIDER FOR SAID SERVICES AND PROVIDING FOR: (1) A THREE-YEAR TERM THAT SHALL COMMENCE ON THE EFFECTIVE DATE, WITH OPTIONS TO EXTEND FOR UP TO TWO (2) ADDITIONAL CONSECUTIVE THREE-YEAR PERIODS; (2) PAYMENT TO THE CITY OF MIAMI OF ONE DOLLAR AND 00/100 ($1.00) PER MONTH; AND (3) PROVIDER SHALL BE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH ITS PROGRAMS, INCLUDING BUT NOT LIMITED TO, SECURITY, EQUIPMENT AND INSURANCE DURING ITS OPERATING HOURS AT THE PARK, AND WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 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-05-0296 Chairman Sanchez: And we go to PH.3. Laura Billberry: Lori Billberry, Economic Development. This is a resolution authorizing a waiver of the competitive negotiation procedures, and authorizing execution of a management agreement with Amigos Together For Kids for provision of cultural, recreational programming at Jose Marti Park. Chairman Sanchez: All right. Is there a motion? Commissioner Allen: Chair -- Vice Chairman Gonzalez: I move it. City ofMiami Page 92 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: There's a motion by -- Commissioner Regalado: Second. Chairman Sanchez: -- Vice Chairman Gonzalez -- 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 item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed on the record, and we come back to the Commission for discussion. Commissioner Allen, you're recognized. Commissioner Allen: Just one quick question so we can make sure, for the record, why are we waiving the competitive negotiation process here, because this requires a four fifths vote. Can you put something on the record, why are we doing it, from the department's perspective? Ms. Billberry: Yes. The City Code allows that when we're providing manage -- excuse me, recreational programs in city parks -- and this is being provided as a public purpose, these programs are being offered at no cost to the children -- that we can authorize a waiver of the competitive negotiations. Commissioner Allen: OK. Chairman Sanchez: And let me tell you, Amigos is a great organization. As a matter of fact, this is basically ratifying because they've been there already -- Commissioner Allen: Right. Chairman Sanchez: -- for the longest time providing an excellent service to a lot of needy kids in that park, so what I'd like to do is -- and I know that she's here -- what I'd like for her to do is come on up and just say a few words, and also on this same note, let me tell you that we need to work closer with the private sector and the nonprofit organizations and try to expedite a lot of these contracts, so if you could just come up. I just want to personally thank you for being so patient with government. Rosa Maria Plasencia: It's been for a good cause. I'm Rosa Maria Plasencia. My address is 801 Southwest 3rd Avenue. That's Amigos Together For Kids, and I'm the executive director of the organization. We're absolutely delighted to have the opportunity to be here and thank you, Commissioner Sanchez, and the entire Commission, and Mayor Diaz for the opportunity to serve the children in Little Havana. Since last August, we have been assisting and sponsoring the after school program, which has included recreational, cultural activities, and after school help and tutoring for the children. We started with 60 children. We now have 73 kids in the program, and we're looking to 100 to be enrolled by the beginning of the new school year. It has been a very gratifying experience. We know that we have made a difference in the lives of a lot of kids, and thank you and -- Chairman Sanchez: Thank you. Ms. Plasencia: -- hope to continue and grow the relationship throughout the City ofMiami Parks and Recreation Department, as well. Chairman Sanchez: Thank you so much. City ofMiami Page 93 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 PH.4 05-00376 Department of Economic Development Commissioner Allen: Thank you. Chairman Sanchez: Madam Clerk, did I open it up to the public? Priscilla A. Thompson (City Clerk): Yes. Chairman Sanchez: OK, so -- OK, on the record, we did open up to the public. Now, it's back to the Commission. No further discussion. It's a resolution requiring a four fifth vote. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT AND A BILL OF SALE, IN SUBSTANTIALLY THE ATTACHED FORMS, TO MIAMI-DADE WATER AND SEWER DEPARTMENT, WHEREBY THE CITY OF MIAMI ("CITY") WILL GRANT A UTILITY EASEMENT, AS DEPICTED IN "EXHIBIT A" ATTACHED AND INCORPORATED, ON CITY -OWNED PROPERTY LOCATED AT APPROXIMATELY 2600 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA ("PROPERTY"), FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF WATER AND SEWER FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE, AND REMOVE SUCH FACILITIES OR ANY OF THEM WITHIN THE EASEMENT. 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-05-0297 Chairman Sanchez: We move to PH.4. It's also a public hearing. Laura Billberry: Again, Lori Billberry, Department of Economic Development. This is a easement to the Miami -Dade Water and Sewer Authority. This is a 12 foot strip that runs on the Virrick Gym property, and this line was required in order to service the docks at the fire line. Chairman Sanchez: All right. Is there a motion? Commissioner Allen: Move the item -- Commissioner Winton: So move. Commissioner Allen: -- Mr. Chairman. Chairman Sanchez: There's a motion by Commissioner Allen, second by Commissioner City ofMiami Page 94 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Winton. Before we open it up for discussion, it requires 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. Any further discussion from the Commission? Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. PH.5 05-00378 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "VIA TUTTLE SUBDIVISION", 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. 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-05-0298 Chairman Sanchez: PH.5. Stephanie Grindell: Stephanie Grindell, director of Public Works. This is a resolution accepting the plat of Via Tuttle Subdivision. Chairman Sanchez: All right. Is there a motion? Commissioner Winton: So move. Commissioner Allen: Move the item, Mr. Chairman. Chairman Sanchez: There's a motion by Commissioner Allen, second by Commissioner Winton. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none on the record, the public hearing is closed, coming back to the Commission for 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. PH.6 05-00379 ORDINANCE Public Hearing City ofMiami Page 95 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Department of Public Works 10:30 A.M. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS," TO MODIFY THE WIDTH OF NORTHEAST 7TH STREET, NORTHEAST 8TH STREET, NORTHEAST 10TH STREET AND NORTHEAST 11TH STREET, BETWEEN NORTHEAST 2ND AVENUE AND BISCAYNE BOULEVARD, MIAMI, FLORIDA, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: We go on to PH (public hearing) -- Commissioner Allen: Six. Chairman Sanchez: -- 6. Commissioner Winton: Six. Chairman Sanchez: PH 6. Stephanie Grindell (Director, Public Works): PH 6 is an ordinance amending Chapter 54 to reduce the zone street right-of-way on Northeast 7th, 8th, 10th, and 11 th Street, between Northeast 2nd Avenue and Biscayne Boulevard from 75 feet to 50 feet. Chairman Sanchez: All right. Commissioner Winton: So move. Commissioner Allen: Move the item. Chairman Sanchez: This is an ordinance. There's a motion by Commissioner Allen, second by Commissioner Winton. Before we open it for discussion, it is an ordinance requiring 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 further discussion. Hearing no discussion, it's an ordinance. Mr. City Attorney, read it on -- for 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. The ordinance has been passed on first reading, 5/0. Note for the Record: A sign language interpreter translated the discussion of Item PH.7. PH.7 05-00387 RESOLUTION City ofMiami Page 96 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 30TH YEAR Development COMMUNITY DEVELOPMENT BLOCK GRANT CITY OF MIAMI COMMERCIAL CODE COMPLIANCE PROGRAM FUNDS, IN THE TOTAL AMOUNT OF $400,000; ALLOCATING SAID FUNDS, TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., IN THE AMOUNT OF $50,000, TO CONTINUE TO PROVIDE ECONOMIC DEVELOPMENT ACTIVITIES, AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, TO TARPUN BAY USA, INC., IN THE AMOUNT OF $90,000, FOR COMMERCIAL REHABILITATION AND THE CREATION OF SIX (6) JOBS FOR RESIDENTS OF LITTLE HAITI/ DISTRICT 5 AREA, AS SPECIFIED IN "ATTACHMENT A," AND TO THE CITY OF MIAMI COMMERCIAL FAQADE PROGRAM, IN THE AMOUNT OF $260,000; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT AND AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH SAID AGENCIES, FOR SAID PURPOSES. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Allen Absent: 2 - Commissioner Sanchez and Regalado R-05-0291 Vice Chairman Gonzalez: All right. FR.3, Ms. Rodriguez. Priscilla A. Thompson (City Clerk): I'm sorry. Barbara Gomez -Rodriguez: PH.7. Vice Chairman Gonzalez: I'm sorry. Commissioner Allen: FR.2 -- 3. Commissioner Winton: Oh, which one was that? Vice Chairman Gonzalez: PH.7. Commissioner Allen: PH.7. Ms. Gomez -Rodriguez: Right. Vice Chairman Gonzalez: PH.7. Commissioner Winton: Well, what item is it? Vice Chairman Gonzalez: Do we have -- we need to have a translator? Unidentified Speaker: I'm sorry. Vice Chairman Gonzalez: Yes, sir. Commissioner Winton: Excuse me. Could -- I have somebody who's been here all morning on City ofMiami Page 97 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 one of my blue page items, and it'll take us 20 seconds. Vice Chairman Gonzalez: Yeah, we'll -- Commissioner Winton: Can we do that? Vice Chairman Gonzalez: -- take this one and then we'll take yours. Commissioner Winton: Great. Vice Chairman Gonzalez: All right. Ms. Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. Basically, we're requesting an approval to allocate $50, 000 to ABDA (Allapattah Business Development Authority) for economic development activities; $90, 000 to Tarpun; and the remaining of the dollars, $260, 000 to be put to the City ofMiami Commercial Facade Program, and we're taking the dollars from the Commercial Code Compliance Program. Vice Chairman Gonzalez: All right. This is a public hearing. Anybody from the public that wants to address the Commission in favor or in opposition of this item, please come forward. OK, seeing none, hearing none -- Commissioner Winton: So move. Vice Chairman Gonzalez: -- the public hearing is closed. Commissioner Allen: So move. Move the item. Vice Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: Motion carries. Thank you, Ms. Rodriguez. City ofMiami Page 98 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 ORDINANCES - SECOND READING SR.1 05-00277 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS," BY MODIFYING THE WIDTH OF NORTHEAST 6TH STREET BETWEEN NORTHEAST 2ND AVENUE AND BISCAYNE BOULEVARD, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12682 Chairman Sanchez: All right. PH.7 was taken up earlier today. Commissioner Allen: Right. Chairman Sanchez: We go to SR.1. It's an ordinance on second reading. Commissioner Allen: Right. Commissioner Winton: What is it? Which one? Chairman Sanchez: SR.1, ordinance -- Commissioner Winton: Yeah. Chairman Sanchez: -- on second reading. Commissioner Allen: Right. Did we -- Commissioner Winton: So move. Chairman Sanchez: There's a motion by -- before we do that, can you put something on the record, please? Stephanie Grindell: Stephanie Grindell, director of Public Works. This is an ordinance amending Chapter 54 to reduce the zone street right-of-way width of Northeast 6th Street, between Northeast 2nd Avenue and Biscayne Boulevard -- Chairman Sanchez: All right. Ms. Grindell: -- from 75 to 50 feet. Chairman Sanchez: All right. There's a motion by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: Second. City ofMiami Page 99 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. It is an ordinance on second reading, requiring a public hearing. At this time, we'll go to the 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 further discussion. It's an ordinance. Any further discussion on the ordinance? Hearing none, 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): Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Allen? Commissioner Allen: Aye. Ms. Thompson: Commissioner Winton? Commissioner Winton: I just wanted to get a clarification on the street. Chairman Sanchez: Nah. Sixth Street, Sixth Street. Ms. Thompson: Commissioner Winton, that's a -- Chairman Sanchez: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: Yes, ma'am. Commissioner Allen: Right. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. Chairman Sanchez: All right. We have another -- Commissioner Allen: I'm sorry, Mr. Chairman. I just have two items on the district items, which I -- Chairman Sanchez: Yeah, we'll get to them. Commissioner Allen: Oh, OK. I'm just -- all right. City ofMiami Page 100 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: We'll get to them. We're not done with the agenda. I'm just trying to get things that are -- Commissioner Allen: OK. Chairman Sanchez: -- that we can move along, that are noncontroversial at this time. SR.2 05-00339 ORDINANCE Second Reading Department of Code AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Enforcement 31/ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS/OCCUPATIONAL LICENSES," BY AMENDING SECTION 31-35(B)(4), ADDING A NEW SUBSECTION TO SECTION 31-35 AND AMENDING SECTION 31-49(A); CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 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 12683 Chairman Sanchez: SR.2, it's an ordinance on second reading also. Commissioner Allen: SR.2. Vice Chairman Gonzalez: I'll move SR.2. Chairman Sanchez: Well, put it on the record, what it is. Mariano Loret de Mola: Loret de Mola, Code Enforcement director. This ordinance is clarifying the grants for denial of the occupational license, and provided procedures of appeal. Chairman Sanchez: Exactly, creating a due process on the appeal process. Mr. Loret de Mola: That's correct. Chairman Sanchez: OK. Is there a motion? Vice Chairman Gonzalez: I'll move it. Commissioner Winton: So move. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez, second by Commissioner Winton. Before we go into a discussion, it's an ordinance on second reading, requiring 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 discussion. Hearing no discussion, 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. City ofMiami Page 101 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: All right. Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. The ordinance has been adopted on second reading, 5/0. City ofMiami Page 102 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 ORDINANCES - FIRST READING FR.1 05-00380 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT Improvement GRANT FUNDS, IN THE TOTAL AMOUNT OF $2,000,000, FROM THE Programs/Transpor STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), TO tation PROVIDE FUNDING, IN THE AMOUNT OF $1,000,000, FOR THE MIAMI RIVERWALK EXTENSION: FLAGLER STREET BRIDGE AREA PROJECT B-40691 (SEGMENT B) AND B-40692 (SEGMENT C) AND $1,000,000 FOR THE EAST LITTLE HAVANA GREENWAY PROJECT, B-40686 (SEGMENT D); AMENDING ORDINANCE NO. 12622, AS AMENDED, TO APPROPRIATE SAID CONTRIBUTION OF FUNDS INTO CAPITAL IMPROVEMENT PROJECT NO. 341211, ENTITLED "GREENWAYS IMPROVEMENTS;" AUTHORIZING THE ALLOCATION OF THE CITY'S CONTRIBUTION TO THE FLAGLER STREET BRIDGE AREA PROJECT IN A TOTAL AMOUNT NOT TO EXCEED $337,700; ALLOCATING SAID FUNDS, IN THE AMOUNT NOT TO EXCEED $150,000, FROM THE PARKING SURCHARGE AND AN AMOUNT NOT TO EXCEED $187,700, FROM THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE FLAGLER STREET BRIDGE AREA PROJECT, TO IMPLEMENT ACCEPTANCE OF SAID GRANTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: All right. We go to ordinance on first reading, and we have FR.1. FR.1 is an ordinance on first reading. Mary Conway: Mary Conway, CIP (Capital Improvement Projects) & Transportation. This ordinance is authorizing the City Manager to accept $2 million in grant funds for the Florida Department of Transpor -- from the Florida Department of Transportation for additional segments of the Miami River Greenway; $1 million each for the Miami Riverwalk extension: Flagler Street Bridge Area Project, as well as the East Little Havana Greenway Project. The resolute -- or the ordinance further is authorizing the allocation of these monies to the City's capital improvement program, and is also authorizing the match in the amount of $337,700, of which 150,000 is coming from the parking surcharge, and the remainder is coming from the Homeland Defense Bond that had $2 million specifically line itemed for greenways. Chairman Sanchez: All right. Is there a motion? Commissioner Winton: So move. Vice Chairman Gonzalez: Second. Commissioner Allen: So move. City ofMiami Page 103 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonzalez. Before we open it for discussion, it is an ordinance on first reading, require 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 discussion. I just want to take the opportunity, not to discuss it, but I would like to praise the Miami River Commission, the Trust for Public Land, and of course, the City staff for making this a reality. It really shows, when everybody works together, what we're able to accomplish, so we're very proud of all these organizations for working together to get this done. Commissioner Allen: It's going to be a beautiful project. Chairman Sanchez: Having said that, Mr. City Attorney -- well, it's a public hearing. Did I -- Commissioner Allen: Right. Chairman Sanchez: I did the public hearing? Unidentified Speaker: You did that. Chairman Sanchez: All right, Mr. City Attorney, could you read the ordinance on first reading into the record? The ordinance was read by title into the public record by the City Attorney. Commissioner Allen: It's going to be a beautiful project. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. The ordinance has been adopted on first reading, 5/0. Chairman Sanchez: All right. FR.2 was passed earlier today. We go to FR.3. Well, that was also -- Commissioner Allen: Right. Chairman Sanchez: Was that discussed -- Unidentified Speaker: Correct. Ms. Thompson: That was deferred. Commissioner Allen: Right. Chairman Sanchez: -- the bicycles? Ms. Thompson: Yes. Chairman Sanchez: That was taken care of right? Vice Chairman Gonzalez: Yes. FR.2 05-00440 ORDINANCE First Reading City ofMiami Page 104 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Office of the City Attorney AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "OFFENSES -MISCELLANEOUS," TO CREATE SECTION 37-7, TO BE ENTITLED "SEX OFFENDER RESIDENCY PROHIBITION," PROVIDING FOR A PROHIBITION FROM SEX OFFENDERS CONVICTED OF CRIMES UNDER CERTAIN FLORIDA STATUTES FROM LIVING WITHIN 2,500 FEET OF SPECIFIED LOCATIONS WITHIN THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Chairman Sanchez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Noes: 1 - Commissioner Allen A motion was made by Chairman Sanchez, seconded by Commissioner Regalado, with Commissioner Allen voting no, directing the City Attorney to include a "Romeo and Juliet" provision in the proposed Sex Offender Residency Prohibition ordinance to exclude consensual sex between teenagers. A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to direct the City Attorney to research the concept of the City ofMiami filing suit against the City ofMiami Beach to challenge the legality of enacting the prohibition of sexual offenders from living within 2, 500 feet of certain locations. Chairman Sanchez: Let's take another item out of order to get it done, and that's FR.2, which is the sex offender residency prohibition. Let's go ahead and take that item up, and then we'll go straight through the agenda. Commissioner Allen: FR.2. Chairman Sanchez: Yeah, and then we'll take up the CRA (Community Redevelopment Agency) Oversight Board to present their report; we'll get you out of here quick. All right. All right. OK. Jorge L. Fernandez (City Attorney): FR.2? Chairman Sanchez: Yes, sir. Mr. Fernandez: Yes, FR.2 is an item that we have placed on the agenda, pursuant to your request to my office that we look at this issue that other jurisdictions have been addressing, which is the distance requirement from schools, and playgrounds, and the like from the residences of sexual offenders, and we have consulted with other jurisdictions. We have, therefore, in this packet, pursuant to your directives, brought to you, possibly for a first reading, an ordinance that addresses the same concerns that other jurisdictions have addressed. Now, after having said that, and having complied with your request that we do this and we do it expeditiously, let me just, on the record, tell you that while other jurisdictions are doing it, my concern is that we do not have and we cannot put on the record the kind of expert testimony that would put us in a position of having, if challenged, a defensible ordinance. Typically, when you -- when a local government regulates to the extent that we are regulating conduct activities that have implications with regard to the civil rights or constitutional rights of anyone, there has to be a quantum of evidence on the record that shows that there is a rational nexus or rational basis between the conduct that you're seeking to regulate, and the ills that you're trying to prevent, and the way in which you do it through that ordinance. Again, City ofMiami Page 105 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 we have contacted all of these jurisdictions and asked them for, specifically, what has -- where did they get the 2, 500 feet that we see here, and frankly, the answers that we got, I do not consider, personally, professionally, satisfactory. Now, that doesn't preclude this Commission from enacting this ordinance, but I just wanted to make sure that you were aware, and that I had discharged my duties to you, as your counsel, to tell you what I believe the state of the law is and what would amount to a defensible versus a relatively weak and very susceptible to a legitimate attack by way of an ordinance. Chairman Sanchez: OK. Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I'm very happy for the residents of Miami, that we're able to do something about this issue. If you pick up the paper everyday, you see that the children of the United States, and especially in the State of Florida, are under attack, and that is a major social issue. It is also important to understand that several municipalities, Miami Beach, and North Miami, Sweetwater yesterday, Doral, have all enacted this kind of legislation. I am hopeful that because this is a joint effort by municipalities to defend the residents that we wouldn't be -- not challenged in court. Having said that, I just want to remind the City Attorney that, for instance, the State of Florida, the state statute said that adult living facilities should not be 1, 000 feet from each other, and yet, the City ofMiami enacted a zoning ordinance of 2,500 feet and it wasn't challenged, that part of the ordinance, nor is being challenged now as part of the other issues. The State of Florida has also in a statute that sexual offenders and sexual predators cannot live within 1, 000 feet from schools and parks, and no one has challenged the constitutionality of that ordinance. The only thing that we are doing is building a buffer, a bigger buffer between the sexual predators and the sexual offenders, and the children of the City ofMiami. This morning, we had the situation of the park, and once again, I have to bring the issue of District 4, because it is -- it's like -- I mean, we get everything in dozens. It all comes in pairs. Of 162 adult living facilities -- or 126 adult living facilities, we have 62 in District 4. Now, of 101 sexual offenders in the City of Miami, the geographical area of District 4 has 38 offenders, so we have like 40 percent of all the sexual offenders in District 4. Thirty-eight in District 4, scattered in residential neighborhood, and by the way, very near schools. To complicate and to put more pressure on the elected official, every day there is more publicity surrounding the FDLE (Florida Department of Law Enforcement) website, which can -- anybody can access, and people are daily hitting this web page and getting the pictures and the addresses of the sexual offenders, and realizing that they live within us, so what we're doing here is not denying the constitutional rights of some segment of the population, but defending the population of the City ofMiami. To me, I don't know who was there; probably, somebody will to challenge this in court. I just wanted to -- Mr. City Attorney, just a question. Mr. Fernandez: Yes. Commissioner Regalado: The liquor stores cannot be like about 1, 000 feet or how many feet from a school? Mr. Fernandez: I particularly don't know, but -- Commissioner Regalado: Well -- Mr. Fernandez: -- there is -- Commissioner Winton: It's a thousand. Mr. Fernandez: -- a clearly established number. City ofMiami Page 106 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Regalado: Like a thousand, right? Commissioner Winton: A thousand feet. Commissioner Regalado: A thousand. Mr. Fernandez: Same thing with adult entertainment businesses. Commissioner Regalado: Well, I have not seen a challenge in behalf of the people who likes to drink because they feel discriminated. Mr. Fernandez: Well. Commissioner Regalado: But that -- the point is that, to me, the residents of the City ofMiami will really appreciate if this political body and the political leaders will do this, and not only will do this; will make the commitment of fighting in court to defend the children of the City of Miami. That would be money well paid, if we have to do whatever we have to do, so that's what I think it is important that the City goes on record in saying that we are protecting the residents of the City ofMiami, and not denying any rights to anybody. Thank you, Mr. Chairman. Chairman Sanchez: All right. Any discussion on this item? Commissioner Allen: Yes, as well. Chairman Sanchez: OK. Commissioner Winton: I missed -- Chairman Sanchez: Well, I'll tell you what we'll do: Well go with Commissioner Allen, Vice Chairman Gonzalez, Winton -- Commissioner Winton: But before you go there -- Chairman Sanchez: -- and I'll be the last. Commissioner Winton: -- I missed the punch line so that I can understand the context of y'all's comments. Was the punch line yes or no to the 2, 500 foot -- Commissioner Allen: No. Commissioner Winton: -- deal? City Attorney, you've issued an opinion here andl missed it. Commissioner Allen: Yeah. Commissioner Winton: So was the punch line here that you recommend we can't go to 2,500 or that we can? Mr. Fernandez: No, no, I'm not recommending anything. I'm -- Commissioner Winton: Oh. Mr. Fernandez: -- cautioning you that you need to have on the record -- Commissioner Allen: Right. City ofMiami Page 107 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Mr. Fernandez: -- some sort of testimony or evidence either by some expert, by your police department -- Commissioner Winton: Same answer as this morning on the bicycle thing? Commissioner Allen: Very similar. Mr. Fernandez: Correct. Commissioner Allen: Yeah. Commissioner Winton: OK, I got it, and that's all I need. Commissioner Allen: Right. Commissioner Winton: I heard it the first time. I don't have to hear it twice. Mr. Fernandez: And it could be 2,500; it could be 5,000, but you need to have something other than just your political whim, or what your neighbor has done, especially to the extent that your neighbor, as far as I have been able to conclude, has not been able to put any of that concretely, with a rational nexus, on the record. Commissioner Winton: May we -- Mr. Fernandez: Now, the State of Florida has -- and that's why the State of Florida was able to enact a statute saying a thousand feet, and I can tell you that the legislative history in Tallahassee, when they passed this statute, establishing that 1, 000 feet distance requirement is volumes. Commissioner Allen: Right. It's voluminous. Commissioner Winton: Got it. Mr. Fernandez: Voluminous. Commissioner Allen: Right. Yeah. Just a quick point, Mr. Chairman. I would caution my fellow Commissioners, as well, to heed the advice of the City Attorney, because as I look at this, I don't think it's legally sufficient, both substantively, as well as I consider it to be vague. I'm looking at the language here. In addition to that, you know, the fact that we don't have -- we do not have a findings of fact. There is no legislative history here to determine whether or not this is necessary. I do concur with the public sentiment there, as well. I just don't want us to do a knee (UNINTELLIGIBLE) -- a knee-jerk reaction to this, so I just want to put on the record my personal comment to this, as well, that I would support what the City Attorney has opined on. Chairman Sanchez: Commissioner Gon -- I'm sorry, Vice Chairman Gonzalez. Vice Chairman Gonzalez: Yes, sir. Thank you. This would require two readings, correct? Mr. Fernandez: Yes, it does. Vice Chairman Gonzalez: OK. Let me tell you what my concern is. My concern is that -- I would love to support this. I would love to support something similar to this, but I want to make City ofMiami Page 108 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 sure that whatever I'm voting on is totally, totally within the scope of the law, without violating anybody's civil rights, and the reason is, we can vote -- you know, it may be politically correct; people will applaud out there, but once we have to pay $1 million or $5 million in settlement, then people are not going to be -- taxpayers are not going to be that happy about it. Commissioner Winton: Yeah. Vice Chairman Gonzalez: And I think that we have major and bigger necessities in this city that continue to pay attorney's fees and more attorney's fees, and millions of dollars in settlement, and hundreds of thousands of dollars in attorney's fees. I mean, if we want to become a government that want to support a group of lawyers, or 20 firms of lawyers, and pay for their salaries, and their vacations, and their expenses, then, you know, let's do it. I mean, you know, if that's the way we want to go, but I'm sure that's not the way we want to go. I want - - I'm going to vote on this today, but Mr. City Attorney, for second reading, I want to make sure that we don't have, you know, that type of vague statement or answer, or -- you are our City Attorney, and we have to -- at least myself I'm going to take your legal advice because you are my City Attorney, and we pay you to represent us, and to give legal counsel on what's legal and what is not, and what is dubious, OK, so I need to have a firm answer on what is constitutional, what we can vote on, and what -- you know, where we -- we need to have something that we can stand on on passing this resolution, and that is my argument. Chairman Sanchez: All right. Commissioner Winton, and then Commission Regalado, and I'll close it up as the Chair. Commissioner Winton: Mr. City Attorney, I went against your legal advice maybe twice since you've been here and -- where did he go? Oh, he's there -- and of those maybe twice, once we were already burned, so I'm going to be listening to you quite carefully, but trying to leave the emotion out of it, Miami Beach has, in fact, taken an action that is going to be, as far as I'm concerned, damaging to the City ofMiami, and it's twice that Miami Beach has done this to us. Miami Beach opted out of the half -penny sales tax to support homelessness, and they've also, until very recently, have spent a decade not doing anything about homelessness, except transporting them to the City ofMiami, and by virtue of their opting out of the half -penny sales tax, and doing nothing to create solutions to homelessness on Miami Beach, really did move their homeless as often as they could to the City ofMiami, and this is action number two, where they've taken what I think they consider to be, again, an undesirous segment of their population and literally are moving them to the City ofMiami, and maybe out thrust is wrong here. Maybe what we should be doing is becoming the test case for a lawsuit challenging their move, rather than this knee jack -- knee-jerk reaction, which I felt all along, and we -- and I think we even said it at the last meeting, not sure that this makes a lot of sense, but what doesn't make any sense to me is allowing that municipality to push all of their people in those categories into the City ofMiami, and so I guess I would ask the question -- and maybe you need to do a little bit of research -- but do we need to take action against the City ofMiami Beach in terms of their own ordinance, and challenge their ordinance in court? Mr. Fernandez: I would certainly have to look into the feasibility of that, and you know, the court systems are amenable to just about any kind of cause of action, as long as you're able to show that there is a direct impact, direct or indirect impact, on you, which is unfair and which is caused by purposeful intent on their part to rid themselves of something and load you with it. You know, the cause of action would have to be one that's creatively articulated, but we would need to look, you know, at that as a possible venue for challenging their action, but you need to understand that the problem of the homeless that you addresses, it was the City ofMiami that was saddled with heavy litigation of the homeless, costing it millions of dollars, and it was because the City ofMiami got out in the forefront, and you know, regulated, and tried to do things with regard to the homeless in our parks that we ended up, several years later, where we City ofMiami Page 109 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 ended up, and yet, other municipalities continue to be unscathed by it. City ofMiami seems to be the favorite -- Commissioner Winton: Target. Mr. Fernandez: Yeah -- test ground or test place for a lot of these very symbolic issues. It would be interesting to see when and if -- and I can only say "when" and "if" because there is absolutely no guarantee that anyone would challenge any of the municipalities that have enacted these ordinances, because there is lots of ordinances in the books that may be susceptible to a challenge, but because of the popularity, or the public sentiment, or what have you, they just don't get challenged, and they continue to exist and be there on the books, but if challenged, I'd be interested in seeing, of all the municipalities that have enacted, which one would be the lead municipality defending it. Commissioner Winton: Yeah. Probably us. Mr. Fernandez: That's a rhetorical question. Commissioner Winton: I understand. Mr. Fernandez: Because I have an answer for you, if you want to hear it, but I'll just leave the question. Commissioner Winton: I think we share the same answer. Mr. Fernandez: However, you need to listen to your management, and to your police department, because you need to have, even if you want to pass this on first reading, getting it ready for second reading, we need to begin to build the record with regard to testimony from experts, from the people who would be responsible for enforcing that, and from the people who are most knowledgeable about the condition and the situation that we're seeking to regulate, your police department. Commissioner Winton: But I think -- then -- but I would like you to think about taking the opposite step here, which is bringing suit against the City ofMiami Beach, and so would you give some thought to that, and let's talk about it again at a -- Mr. Fernandez: Only if two other of your colleagues agree with you. Commissioner Winton: I'm sorry? Mr. Fernandez: Only if two other of your colleagues agree with you. Commissioner Allen: I guess debate -- Mr. Fernandez: Meaning, that's a great idea, but -- Commissioner Allen: Yeah. Mr. Fernandez: -- are you -- if that's a City Commission directive, I gather. Commissioner Winton: I don't think we have to have a City Commission directive for me to ask you to think about something. Mr. Fernandez: Oh, OK. No, no. That's true. However, to -- we can discuss that personally. City ofMiami Page 110 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 I -- in order for me to really develop a theory of the case and spend a great deal of time pursuing something to bring it to your attention, I -- whether I need it or not, I would like to know the -- if there is a consensus, at least, on the part of the City Commission, and this is my position with every individual Commissioner. Vice Chairman Gonzalez: If you need consensus, you have another vote here. Mr. Fernandez: There you go. Commissioner Winton: Well, what I don't like is what I just heard. I'm sure I could get the votes. Mr. Fernandez: Yes. Commissioner Winton: I had no doubt about that, but it bothers me that the City Attorney says that we have to have a resolution for him to think about anything that any of us want him to think about. I didn't tell him to take an action. Mr. Fernandez: I -- you know -- Commissioner Winton: I just told him to think. Mr. Fernandez: Oh, think. OK, Commissioner, I hear what you're saying. No. We will think about that, but the issue is that I believe that with regard to a directive of this Commission, it would allow me to spend a great deal more of resources -- Commissioner Winton: All right. Mr. Fernandez: -- just then my thinking about it. Commissioner Winton: That's fair enough. I'll accept that. Mr. Fernandez: And that's a standard answer to each individual Commissioner that I give whenever it wants to explore an issue in-depth. Commissioner Winton: OK. Well, I'll move a resolution after the discussion on this. Joe Arriola (City Manager): Let me bail him out. Commander Caceres is here to give testimony -- Chairman Sanchez: Well, but -- Mr. Arriola: -- on this case, if you need him. Chairman Sanchez: Before we do that, let's get the Commissioners out of the way, then we'll address -- because my issue is one of establishing credible testimony as to building our case, but I will yield, as the Chair, and turn it over to Commissioner Regalado, and then I will speak. Commissioner Regalado: Thank you, Mr. Chairman. I -- Commissioner Winton touched in one issue that I wanted also to discuss, and it is what had been happening in the past. We are -- if we don't do this, at least today we start a process. We will be the Bolivia of the municipalities in Miami -Dade County. Well be landlocked. By now, Sweetwater police is knocking on doors. Because Sweetwater is so small that -- City ofMiami Page 111 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Winton: Wow. Commissioner Regalado: -- 2, 500 feet north, south, and east, and west is the whole city in parks of -- in the park -- in the school, so they're kicking out all the sexual offenders. Commissioner Winton: Wow. Commissioner Regalado: Doral will be doing the same. They just finished the second reading. Miami Beach -- Commissioner Winton said it -- I mean, they know the way because they did it with the homeless, and what we could be bringing into ourselves, in fear of litigation, is a lot of people moving, and then we're going to have a major problem, in terms of civil rights cases. By now, we have 101 sexual offenders and 7 predators in the City. When all the cities do what they going now, we're going to have double the amount of these people because they're going to move. There is no other place to move. I don't know if this is a record. Commander Caceres will tell you, but Commander Caceres knows, because he lives in Shenandoah, the times and times that the residents of Shenandoah have called 911 because of situation involving people that have this stigma on them, and I know, for a fact, because we have this situation two blocks from my home, and we know the calls to the Police Department because these persons being very aggressive with the neighborhood, so I just don't know what else, but I would tell you that we need to send a message to anybody, not to the residents because the residents, after all, will be calling the police if something happen, but to the people that are in this condition, that the City ofMiami is not the headquarters for sexual predators and sexual offenders, because we're going to be landlocked, whether we like it or not. You know, West Miami is coming with this resolution. Coral Gables will be come -- or Coral Way -- Coral Gables, they don't have a problem with ALF (adult living facilities) and this kind, but we will be the city that will be hosting these people that will kicked out of other municipalities, so I mean, just in first reading, consider to pass this. It's a message, not even for the residents, but for these people to hold on in moving to the City of Miami not just yet. Thank you, Mr. Chairman. Chairman Sanchez: Thank you. Mr. Attorney, when you were directed by this legislative body to bring this ordinance to discussion, the reason why was because under the sunshine law, in order for us to discuss any ordinance, you know, we had to do it in the public, and I believe I made it very clear that we needed to move very carefully and deliberately before we enacted such laws, because of all the publicity and what was happening throughout South Florida. Now, one of the things that we want to make sure that we don't do is we don't want to send out the message, or have the people think that we have a lynch mob mentality, but one of the things that concerned us the most is that, as the cities are passing these legislative laws, they will affect us. Besides that, we have an obligation to protect our children, and I think this ordinance is a necessity to protect the children from sexual offenders and predators, especially those that are repeated offenders that -- it's my understanding there's 20 to 30 percent are repeat offenders. One of the things that we wanted to make very sure in these discussion, open/public discussions, is that we want to make sure that constitution and protections are not violated, and that we put together an ordinance, through expert testimony that we are prepared to do, because I think that's not being done, and therefore, under your advice -- and we seek your advice as the legal counsel to this legislative body -- to enact an ordinance that would have a chance if it's challenged in court. There are many issues that we need to talk about. One of the issues that has been floated around, if we do decide to move forward on first reading, is making sure that a Romeo and Juliet provision exists, and that is simply to protect an 18 year -old who has had consensual sex with a 16 or 17, who may not even know she was 16 or 17, and therefore, that individual is going to be labeled for life. This is not a predator. This is not a repeat offender. This is someone who has gone out, and although violated a law, I think there is justified -- not -- there's no justification for it, but has an opportunity to get things taken care of in court. Now, I'll tell you, one of the things that I think we need to look further. It is that the ordinance that are being enacted now prohibit them from leaving -- living 2,500 City ofMiami Page 112 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 feet from a school, playground, et cetera, et cetera. However, there is no law to prohibit them from visiting, hanging out, so therefore, you know, it's a law of -- that clearly define what's basically set forth to do, so there's a lot of questions that we need to address, and make sure that if we move forward with this ordinance, it is an ordinance that is much, much legally strong -- stronger than the ones that have been set forth. Now, having said that, I think that one of the things that we also need to look at is that we should invest in protective services for our police department, as well as monitoring and supervising these predators that are out there, and I think that we need to establish a record. I think we need to have the police department here. I think that we need to have victims here. I think that we need to have concerned parents that live here. Because I tell you, I've been to one area. The gentlemen came up to me and said, `Do you know that in less than one mile from our home, there are 14 sex offenders?" And I went in and looked in the Internet, and did some research, and he was absolutely right; 14 sex offenders within a mile radius of his home, so there is justification. There is concern from parents that are out there that are looking at government to protect them, and it is our duty and our responsibility to protect them, and in the same way, do whatever we can to make sure that we don't violate anybody else's constitutional right. I think we could do it. I think that we could lead an example. I think that we could put out the best crafted ordinance out there that others may follow, and whether it may be that we might have to modify it to just apply to repeat offenders, or whatever it may be, and we put the language there, perfectly fine. I'll tell you what I do agree with you, Mr. City Attorney, and that is that we need to establish a record, and I think that if we establish a record, my only question is that if we take testimony from one officer today on first reading, and we come back on second reading and we take additional testimony, would that interfere with the process of this legislation? I need that answered by the attorney. Mr. Fernandez: At the end of the day, you are the ultimate determiner of the quantum evidence that you deem appropriate; that satisfies your convictions. Chairman Sanchez: But Third District would not agree with me. Mr. Fernandez: Well, but that's OK. The -- I am here to give you parameters. I'm here to explain to you the fact that you need it. I'm here to explain to you the -- any clarifications that I could make with regard to that, but I cannot determine for you, I cannot tell you what is sufficient, or how many people need to testify, or how many experts need to be on the record. There has got to be in your opinion, in the five of you, as a legislative body, you're legislating, and you need to -- knowing that you have to evidence on the record, you then determine what quantum of evidence is sufficient. Commissioner Allen: Right. Chairman Sanchez: But your advice to us, in guiding us to prepare this legislation -- Mr. Fernandez: Correct. Chairman Sanchez: -- is to give us legal advice to establish an ordinance that if it's -- Mr. Fernandez: Correct. Chairman Sanchez: -- challenged in court -- and everybody has a right and due process to challenge it in court -- we, the five Commissioners, the Mayor, the legislative body, prepare an ordinance that is healthy with debate, healthy with public input, healthy with -- Mr. Fernandez: Expert testimony. City ofMiami Page 113 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: -- expert testimony to make sure that if it's challenged in court, we stand a better chance -- Mr. Fernandez: Correct. Chairman Sanchez: -- than the other ordinance that have been put out, that have been brought, just like the one that we've asked you to bring out, so we can debate it, we could put input, we could have testimony, and build a strong ordinance. That's all that we're basically asking -- Mr. Fernandez: Exactly. Chairman Sanchez: -- to do here today. Commissioner Allen: Right, and Mr. Chairman -- Chairman Sanchez: Commissioner Allen. Commissioner Allen: -- ifI just weigh in, I see where you're headed. I would just like to add, even though we may have an officer to come to testify, we can't just rely on the testimony alone; there has to be some statistical evidence to support and corroborate that, so that's one of the criteria that we have to satisfy, and I -- Mr. Fernandez: I've made reference to that, and I'm -- Commissioner Allen: Right. Mr. Fernandez: -- here to remind you -- Commissioner Allen: The data. Mr. Fernandez: -- and -- you have charged me with the responsibility of making sure that for second reading, I have as much as I'm able to get by way of this testimony. If I am unable to get that, I will very clearly tell you, I have not been able to get this or that for you. Being unpopular or taking an adverse position to what some of you or many of you may want is not something I have problem with. I would have a problem ifI wasn't truthful and direct and honest with you, but otherwise, you know -- and we will endeavor, over the next month, to be able to come with more evidence of experts, with studies, with research, with analysis that would justify all of the requirements of the law; the distance requirement, the definitional requirements -- Commissioner Allen: Right. Mr. Fernandez: -- as to whether predators or offender; the issue of residence versus visitation. All of the things that you have, on your own, touched upon, they are relevant and important issues that need to be addressed. Chairman Sanchez: Let's start with the Commander's testimony, and then on second reading, if this passes first reading, we will have more expert witnesses testify as to the support of this ordinance, so if we do that, would it come back to first reading with additional testimony, or testimony today, and testimony the next time that it's heard? Mr. Fernandez: It's cumulative testimony. Commissioner Allen: Right. City ofMiami Page 114 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: So it doesn't change. Mr. Fernandez: So whatever happens on second, you roll over whatever you've heard because it's the same body, it's the same five minds that are listening to everything, so the important thing is that at the end of the day, that which you have heard on first and second, you know, resides in your mind, and then you're able to make the best possible decision. Chairman Sanchez: Commander, could you come up and state your name, and -- Commissioner Winton: Hey, Joe, I have to ask the City Attorney something. Since I only have half a mind working today, is it going to change it when I have a full mind working later? Commissioner Regalado: He'll give you a video. Commander Steve Caceres: Commander Steve Caceres, City ofMiami Police Department. Commissioners, we do welcome the additional buffer, and the reason for that is also most of the kids that'll walk home, walk on those 2,500 feet, so the additional 1,500 would assist us in creating additional buffer, and we can sit down the City Attorney, and any data information he need, we will provide to him in the future. That's -- but we do welcome it. We feel that the children that walk home from school, because their parents are working, are within 2,500 feet, and that creates an additional buffer for the police department. Commissioner Allen: Right, and Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Allen: And with all due respect, Officer, we have to have more than that, not just a subjective opinion. You've got to give us something to tie it in to a health/safety issue, some supporting data to support your analysis. For example, I'm looking at this; it says "designated public school bus stop," as well. That could be virtually everywhere, where the kids stand up and the bus comes along the route. This is so broad and vague; it's just -- it's not legally sufficient. Now, I'm just going to tell you, and I'm stepping into -- you know, as a lawyer, I tell you, it's -- I'm not hearing anything. I mean, show me some data, show me some real, true evidence to show that here's what has happened on this occasion; this person we have -- where's -- (UNINTELLIGIBLE) here; here's the statistical evidence here; we got "x" amount. That has to be there, and that's within your confines. You guys have that in the office. You need to -- you should have -- you guys should have brought that. Commander Caceres: We'll prepare to do that -- Commissioner Allen: OK. Commander Caceres: -- meeting with the City Attorney. Commissioner Allen: Yeah, that's the kind of stuff that we need -- Chairman Sanchez: Well -- Commissioner Allen: -- before you can even do that. Chairman Sanchez: I know the police department provided my office. I don't know -- I think it provided all the offices with a book. City ofMiami Page 115 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Allen: I haven't seen it. Oh, it's a book? Chairman Sanchez: Yeah, it's a book. Commander Caceres: Yes, predator -- Chairman Sanchez: It's a sex offender and predator. It shows a map of the area. It shows information as to all the sex offenders and the predators in the entire city. Vice Chairman Gonzalez: You know, that's one point. Commander Caceres: And we'll provide that to the City Attorney. Vice Chairman Gonzalez: I'm glad that you brought that up. One thing that the City could be doing -- and it's going to cost a lot, lot, lot less than a settlement in court and attorney's fees -- is to mainly notify the residents within 2, 500 feet or 3, 000 feet of this problem. You know, you - - you know, your next door neighbor, or your neighbor at such and such address is a sexual offender, and you know, is a repeated offender, and that's simple. I mean, that's a mailing that the City can do. We can establish a system of that, and do it in every neighborhood, and that doesn't cost that amount of money. Commissioner Allen: Right. Vice Chairman Gonzalez: I mean, that's -- you know, that's very cheap to do. Commissioner Allen: Right, but -- Vice Chairman Gonzalez: Because a lot of people -- we have those books -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- but I'll tell you, I go back to my district where -- Commissioner Regalado mentioned that he has, how many? Commissioner Regalado: Thirty-eight. Vice Chairman Gonzalez: Thirty-nine? Commissioner Regalado: Thirty -eighty. Vice Chairman Gonzalez: I think I have another 38 or 37 or -- Commissioner Regalado: No, you have 26. Vice Chairman Gonzalez: Twenty-six only? My God. Commissioner Winton: How many do I have? Commissioner Regalado: None. Vice Chairman Gonzalez: I'm lucky then. Commissioner Winton: Yeah. That's not true, at all. City ofMiami Page 116 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Allen: But do we have the manpower? Vice Chairman Gonzalez: But, you know, it doesn't cost that much to send some type of mailer to those zip codes. Commissioner Allen: Well -- Vice Chairman Gonzalez: Because ifI go back to some of my residents -- ifI take one of these cases, and I go around the block, and I knock on the door of this resident, and I ask him, "Do you know who lives there?" They'll probably say, "No, I don't know. You know, a guy lives there, but I don't know him. I don't know what he does, " so I think we need to advise the public. Not everyone goes in the computer, not everyone goes into Internet, not everyone -- you know, we need to do an effort to inform the people, and the way -- one way to inform the people is that way. Chairman Sanchez: All right. This ordinance is on -- it's on first reading. We could either -- Commissioner Regalado: Mr. Chairman. Chairman Sanchez: -- vote it up or vote it down, and bring it back on second reading, and have more testimony on it. What is the wish of this legislative body? We've debated it back and forth. Commissioner Regalado: Mr. Chairman, just a point. My -- in my neighborhood, there is three residents that, for weeks, they have been going house by house giving out copies of what they got off the FDLE website, and you know, this is -- mind you, one of them was a gardener in the area. The problem that we're going to have, if the police does notify -- and it should -- each resident, is that the next question that the residents are going to have is, "What are you going to do about it? We want these people out of" -- and I just think -- and this is just me -- that we should send a clear message. Yes, we do not have probably the case complete in terms of historical background, but we do have the daily news of children being prey on either in Hollywood or in Caribbean Boulevard, or here in Flagami, and this is happening. We need to just send a message. What this ordinance, on first reading, is sending a clear message to -- not the residents. We're -- the resident expect us to protect them, and they demand that the police will protect them, but to these kind of persons who would prey on children -- and the message has to be very clear. "We know where you are. We are going to get you out of the way of the children, and we're going to go after you if you do something to our children, " so I -- Mr. Chairman, if -- it is your call, but I would like for you to bring this to a vote, if possible. Chairman Sanchez: Well, I'm -- I would pass the gavel, and move it on first reading. So move on first reading. Vice Chairman Gonzalez: We have a motion. Commissioner Regalado: Second. Vice Chairman Gonzalez: And we have a second. All in favor, say "aye." Commissioner Regalado: It's an ordinance. It's an ordinance. Priscilla A. Thompson (City Clerk): It's an ordinance. Vice Chairman Gonzalez: It's an ordinance, right? City ofMiami Page 117 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Mr. Fernandez: Yes, it is. Commissioner Winton: Oh. Vice Chairman Gonzalez: It's an ordinance. Mr. Fernandez: On first reading, are you taking input from the public? Vice Chairman Gonzalez: OK. This is a public hearing. Anybody from the public that wishes to address the Commission to speak in favor of this ordinance or against? Seeing none, hearing none, the public hearing is closed. The ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Roll call. Vice Chairman Gonzalez: Madam Clerk, roll call. Ms. Thompson: Commissioner Allen? Commissioner Allen: No. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Commissioner Regalado: Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Oh, yes. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: Yes. Ms. Thompson: The ordinance has been passed on first reading, 4/1. Chairman Sanchez: I would like to make another motion, to make sure that that ordinance does have a Romeo and Juliet provision clause placed in it. So move. Vice Chairman Gonzalez: Second. Commissioner Allen: Could you guys expound on that characterization? Chairman Sanchez: That is very simple. An 18 year -old who has consent sex with a 16- or 17-year-old would fall on the provision that it's a Romeo and Juliet provision. Commissioner Allen: Right, yeah. City ofMiami Page 118 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Regalado: What is the -- Commissioner Allen: I knew, but I was just (UNINTELLIGIBLE) public purposes. Chairman Sanchez: Excuse me? Commissioner Regalado: What is the motion? Chairman Sanchez: The motion is that the ordinance have a Romeo and Juliet provision in place. Commissioner Regalado: OK. Chairman Sanchez: And that basically protects an 18 year -old from going out to a nightclub; meets a girl; doesn't tell the age; something happens, and he's labeled for life, I don't think in all fairness. Commissioner Regalado: I'll second the motion, and the reason I will second the motion is, you look at the book provided by the Police Department, there ain't no Romeo in that book. These are grown, mature -- if Commissioner Winton: Old. Commissioner Regalado: -- old, sick people, you know. Vice Chairman Gonzalez: All right. Is that an amendment to the ordinance? Chairman Sanchez: It's an amendment. You could classify it as an amendment. Vice Chairman Gonzalez: OK, Madam City Clerk, would you do roll call, as amended? Ms. Thompson: If I might, I thought I just heard the Chair make a motion on that ordinance that you just passed. Chairman Sanchez: Yes. Ms. Thompson: Are we -- Commissioner Regalado: OK. It's a separate motion. It's a separate motion. Vice Chairman Gonzalez: Separate motion. Ms. Thompson: OK. Commissioner Regalado: He made a separate motion. Commissioner Winton: Yeah, yeah, yeah, yeah. Ms. Thompson: So am I wrong, Jorge, we don't have to do anything but accept the motion -- Chairman Sanchez: Accept the motion. Ms. Thompson: -- not -- City ofMiami Page 119 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Vice Chairman Gonzalez: All right. Commissioner Regalado: No. You have to vote on it. Vice Chairman Gonzalez: We have a motion and we have a second. Chairman Sanchez: Yeah, we have to vote on it, though. Commissioner Regalado: We have to vote on it. Chairman Sanchez: Yes. Ms. Thompson: Do you want me to call the roll or -- ? Chairman Sanchez: Oh, no. It's -- Vice Chairman Gonzalez: No. Chairman Sanchez: We could vote on it; it's a resolution. Vice Chairman Gonzalez: Yeah. Chairman Sanchez: All in favor, say "aye." Vice Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." All opposed have the same right. Commissioner Allen: Nay. Vice Chairman Gonzalez: Motion carries. Commissioner Winton: Now, Mr. Chairman. Vice Chairman Gonzalez: We have no -- one "nay." Commissioner Allen: One "nay." Commissioner Winton: Mr. Chairman. Chairman Sanchez: OK. Yes, sir. Commissioner Winton: I'd like to introduce the motion that we discussed earlier, and that is directing the City Attorney to do more than thinking now. Now we don't want him to think; we want to do real action, but to think about and research the concept of the City ofMiami filing suit against, in particular, Miami Beach because they've been the lead city in kicking off this whole process to challenge the legality of creating the 2,500 square foot -- I mean, 2, 500 foot rule. Commissioner Allen: But Mr. Chairman, with all due respect, Commissioner Winton, would we have standing to challenge that, City Attorney, on the basis of what -- Commissioner Winton: That's what he's going to research. That's why we have -- Mr. Fernandez: I will research that, but presumptively, yes. City ofMiami Page 120 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 10:00 A.M. FR.3 05-00095 Office of the City Attorney Commissioner Allen: OK. Mr. Fernandez: I would think we do. We would need to make sure that I am able to not only articulate a cause of action, but then pass the red face test -- Commissioner Allen: OK. Mr. Fernandez: -- and if I'm able to do that, I would certainly come and tell you what my research indicates. Commissioner Allen: And then -- Vice Chairman Gonzalez: I'll second. Commissioner Allen: -- therefore, we'll pursue an injunction. An injunction -- Chairman Sanchez: All right. Mr. Fernandez: Yeah, it would have to be by means of injunction. Commissioner Allen: An injunctive relief I think, is what you're looking at. Commissioner Winton: Yeah, I don't care. Yeah. Commissioner Allen: Good, OK. Commissioner Winton: Whatever legal -- Commissioner Allen: Great. Commissioner Winton: -- mumbo jumbo -- Mr. Fernandez: Correct. Commissioner Winton: -- y'all need to use. Mr. Fernandez: And it would be injunction. Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonzalez. 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. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BICYCLES" TO PROVIDE DEFINITIONS AND REGULATIONS FOR THE PROHIBITION OF THE OPERATION OF BICYCLES, MOPEDS, MOTORIZED SCOOTERS, SCOOTERS AND OTHER City ofMiami Page 121 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 SIMILAR DEVICES ON THE SIDEWALKS OF THE EASTERN SIDE OF BRICKELL AVENUE BETWEEN SOUTHEAST 4TH STREET AND SOUTHEAST 26TH ROAD, MIAMI, FLORIDA; MORE PARTICULARLY BY AMENDING SECTION 8-6; DIRECTING THE CITY MANAGER TO INITIATE A PUBLIC EDUCATION AND INFORMATION PROGRAM REGARDING THE APPLICABILITY OF SAID ORDINANCE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. DEFERRED A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, with Commissioner Regalado and Chairman Sanchez absent, to defer Item FR.3. A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, with Commissioner Regalado and Chairman Sanchez absent, to direct the Administration to immediately place "Bicyclists Yield to Pedestrians" signage along the sidewalk on the east side of Brickell Avenue; further, directing the Administration to provide statistical, detailed analysis regarding current and potential conflicts between pedestrians, cyclists and cars on east side of Brickell Avenue and its sidewalk. Commissioner Allen: This is -- Chairman Sanchez: FR.3, let's get Tory, the bicycle ordinance out of the way, and then we have one item that we need to bring up that was also time certain, and that is CDBG (Community Development Block Grant). Commissioner Winton: Do we have a group of tourists here viewing City Hall? Chairman Sanchez: Yes, we do. Commissioner Winton: Pretty cool. Chairman Sanchez: It is a public place. Commissioner Winton: Pretty cool. Chairman Sanchez: All right. Commissioner Winton: Who's -- OK, Mary. Chairman Sanchez: Let's go ahead and do the bicycle ordinance. Commissioner Winton: Mary -- Chairman Sanchez: Mary. Commissioner Winton: -- you're leading this charge? Mary Conway (Capital Improvement Projects & Transportation): Yes. Commissioner Winton: OK. City ofMiami Page 122 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Ms. Conway: Mary Conway, CIP (Capital Improvement Projects) and Transportation director. I'd like to introduce Jose Gonzalez of my staff and Juan Espinosa, with David Plummer & Associates, who performed a study, as we had committed at one of the prior meetings, to look at the actual conflict issue. They're going to just give you a brief presentation on the findings of that study. Priscilla A. Thompson (City Clerk): Chairman, I'm sorry. Chair, are we handling FR.1 or FR.3? Chairman Sanchez: FR.3. Ms. Thompson: Thank you. Chairman Sanchez: FR.3. All right. Let's go. Got to get moving. Juan Espinosa: Juan Espinosa, with David Plummer & Associates, 1750 Ponce De Leon Boulevard. We were requested by the City to do some field observations along the Brickell Corridor, from the south of the river to 26 Road. We did the observations on Tuesday, April 26, from 7 in the morning to 6:45 in the afternoon. We looked at potential conflict between bicyclists riding on the sidewalk and the pedestrians, which was four locations along the corridor, two on the south side of Brickell, two on the north side, east side and west side on each side. During this period of time, we didn't observe any conflict between pedestrians on bicycle. We did observe some bicyclists -- the majority of the bicycles were using the roadway as their mean of transportation. We went back and look at weekend activity. We went back on a Saturday morning and look at the residential area of Brickell between 15 Road and 26 Road on the east side, and we did notice a higher volume of bicycles in that morning period. Again, the majority of the bicycles were used in the street. There were some bicycles on the sidewalk; however, the pedestrian volume at that time were very low, and again, we didn't observe any conflict between the pedestrians and the bicyclists. Chairman Sanchez: All right. Commissioner Winton: Well, what's the -- Commissioner Allen: Right. Chairman Sanchez: Anything else, Madam Director? Ms. Conway: Just to summarize, so basically -- Chairman Sanchez: His report is saying there's no conflict between bicycles -- Ms. Conway: What he's saying is that we did -- Commissioner Allen: Yeah, that's what -- yeah. Ms. Conway: -- representative samples on a weekday and on the weekend; that we did not observe conflicts. However, we did have follow-up discussions with David Henderson, who is the Miami -Dade County bike and pedestrian coordinator, and while we didn't feel that it warranted having any kind of striping or delineation on the sidewalk for pedestrians versus bicyclists -- Commissioner Allen: Right. City ofMiami Page 123 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Ms. Conway: -- as well as just from the standpoint of need, we didn't see the need for that, but also, on the southern portion of the corridor, the path is not wide enough to do that and still allow for ADA (Americans with Disabilities Act) because of some obstructions that exist in the sidewalk. What we did agree was that we could post signs at the entry and exit points from the pathway and walkway that would say, "Bicyclists Yield to Pedestrians, " so we're recommending that the signs be installed, but that there not be a prohibition, as it didn't seem that it was warranted. Commissioner Allen: I see, so in other words, your finding of facts does not support this ordinance? Ms. Conway: No, not based on our observations -- Commissioner Allen: Correct. Ms. Conway: -- with the study. Commissioner Winton: But how many observations did you do? Ms. Conway: A representative weekday during morning, midday, and late afternoon. Commissioner Winton: But how many -- Ms. Conway: And -- Commissioner Winton: -- times? Ms. Conway: Two days, a representative weekday, which was a Tuesday, and then also a Saturday morning, and that's just based on typical traffic studies, picking a representative weekday, which would not be a Monday or Friday, so picking a representative weekday and then a weekend day. Commissioner Allen: OK. Commissioner Winton: Well, I would like to hear from Brickell Homeowners' Association, who has brought this issue forward; hear their thoughts relative to the recommendations that are coming from both the County and City staff. Doesn't mean we'll still -- supporting whatever they're recommending, but want to hear your thoughts on it. Mak Seligman: Good morning. My name is Mak Seligman. I live at 2451 Brickell Avenue, in the Brickell Townhouse. I've been a resident of Brickell Avenue since 1971. During those years, I developed a routine of walking -- doing a five -mile walk every morning, which covers the Brickell Avenue area, and in my capacity as a member of the board of the Brickell Homeowners' Association and chairman of the security committee, I am increasingly getting calls from walkers and drivers; the walkers are those on the east side of Brickell Avenue, the bay side of Brickell Avenue; the drivers are in automobiles either entering or leaving the parking lots of the high-rise residential buildings on Brickell Avenue, between roughly 15th and 26th Road. The calls indicate increasing concern with the potential danger coming about as a result of bicyclists on the sidewalks on the east side, the bay side, of Brickell Avenue. They are not being vicious; they are being careless, and people walking along quite often are being frightened by a bicyclist coming up alongside and yelling "Hey," and drivers occasionally entering or leaving the high-rise building parking areas are often confronted with the sight of bicyclists crossing that area, with no concern for the automobiles. This is an increasingly dangerous situation. We would beg of you that you change your regulations so City ofMiami Page 124 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 that bicyclists are restricted to the other side of Brickell Avenue, where you don't have that volume of foot traffic or automobile traffic. Thank you. Commissioner Winton: And why can't we do bicycles on the west side? Why can't we restrict bicycles to the west side of Brickell Avenue? Ms. Conway: It's a very narrow sidewalk area. Commissioner Winton: Yeah, but people don't use it either. Ms. Conway: If you followed minimum standards, you have to have a minimum width of ten feet for bicyclists and pedestrians on the walkway; that sidewalk is between five and six feet, and again, does have some obstructions. Commissioner Winton: But the east side sidewalk is not a bike path. Is it a bike -- is it a -- Ms. Conway: No. Commissioner Winton: -- formal bike path? Ms. Conway: Brickell Avenue is designated as a bicycle route -- Commissioner Winton: Yeah. Ms. Conway: -- and what we found in the studies -- and I think there are two different issues here; one is an issue of potential conflicts, on the sidewalk itself between bicyclists and pedestrians. The other issue that the gentleman's raising right now is an issue of drivers turning in and out of driveways, not being cognizant of the fact that it is a bike route, and there are additional signs that can be put up on the driveways that would designate a bicycle route, but the bottom line is Brickell Avenue is a designated bike route. Commissioner Allen: Right. Commissioner Winton: Designated bike route in the street -- Ms. Conway: Yeah -- Commissioner Winton: -- not on the sidewalk. Ms. Conway: -- the corridor. Commissioner Winton: Then, so is -- the corridor includes both sidewalks and it includes the street, and so I think that there isn't a problem in restricting bicyclists -- they can either ride in the street, where they're supposed to be, or they can ride on the sidewalk on the other side. Commissioner Allen: Mr. Chairman, ifI could -- Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: Commissioner Winton, as I listen to this argument, I have a concern with this entire approach to this particular ordinance because, one, there's no findings of fact to support any health/safety welfare issues; this is what I'm looking at. Because what we're attempting to do is draft a specially tailored piece of legislation and -- City ofMiami Page 125 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Winton: We do that all the time in the City ofMiami. Commissioner Allen: -- I'm at a loss because I would think Legal has to opine on this; would they not? You know, I'm looking at this -- I understand cyclists are riding up and down these roads, of course, training for their respective athletic events, and, in effect, it just seems to me this is an exclusion without a sufficient findings of fact that would justify any health/safety welfare issue concerns. I don't know; that's why I need to turn to Legal. That's my initial concern at first blush. Could you weigh in? I'm just curious. Tory Jacobs: Mr. Chairman. Commissioner Allen: I mean, I -- ifI can have Legal just weigh on this, ifI could. Mr. Jacobs: I think we may answer some of these in our presentation, if we may complete our presen -- Chairman Sanchez: Yeah, why don't we allow them to do the presentation. Commissioner Allen: Oh, I'm sorry. I thought you -- Chairman Sanchez: Yeah, they're not done with their presentation. Commissioner Allen: I'm terribly sorry, sir. I apologize. Silvia Burgoa: Good morning. My name is Silvia. Chairman Sanchez: State your name and your address. Ms. Burgoa: Silvia Burgoa, 251 Brickell Avenue, and again, I used to walk on Brickell, on the east side, with a friend in the morning, mostly in the evening, and now walking late at night because that's the time that I can really walk with no problems. The problem with the bicycles is not every single day, every time, but sometimes we were walking, and suddenly, "whoop," you know; a bicycle here, a bicycle there, and really, it happens, so we decided -- one time we were walking, one of the few times, and we just stop walking because it was no way for us to walk because all skater or bicycle, something was going on in the evening, so the safe -- the time that I walk now to be safe that I know there's no bicycle, no skates, nothing in front us is at night, 9:30, 10 at night. Commissioner Winton: Nine -thirty or ten o'clock at night? Ms. Burgoa: There's (UNINTELLIGIBLE) -- Commissioner Winton: Well -- Burgoa: -- but during the day, it happens because they come and you don't see it. When you see, they don't tell you. They don't (UNINTELLIGIBLE) -- again, you walk, one here, but there's another one there, and you don't know. You get scared and really, "Whoop, " they cut you, you know what I mean? It happens a lot. Not usually no Satur -- not in the morning, usually in the evening; that's when I walk and then I see it. I don't see anything at night when I walk now that I feel safer on the east side. On the other side, I never see anyone walking; I don't see bicycles, I don't see anything. Commissioner Winton: Well, unlike staff I've lived on Brickell Avenue, so I know -- and I'm on that avenue all the time, and as she just said, the car traffic going in and out is on the east side, City ofMiami Page 126 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 not on the west side, and the pedestrian traffic on the sidewalk is on the east side, not on the west side, and there's a number of areas where we discourage people in the city from riding bicycles on sidewalks, and they're required to ride in the street, and I said to this group, I'm not going to put -- I'm not -- and this isn't the professional cyclist; they go -- they ride in the street. They go up Miami Avenue; they do all kinds of things. I'm talking -- we're talking, principally, about bicyclists who are kind of neighborhood people, kids, teenagers, little kids, and I said I'm not going to put the little kids in the street; doesn't make any sense, but I do understand -- and you can't differentiate between young adult, teenager, whatever, when you're setting up a new ordinance to create a better environment between pedestrian and bicycles, so you have to say all bicyclists, and I said, well, I'm not going to put kids in the street that ride their bicycles on Brickell Avenue, so the compromise was we could put bicyclists on the west side of Brickell Avenue because no one uses that sidewalk over there. Pedestrians don't use it -- and I'm sure you guys found this -- bicyclists don't use it. The west side just isn't used, so if you move the bicyclists to the west side, you're going to have some use out of a sidewalk that no one uses. It's also the side of the street where you don't have the cars coming in and out, and as you all know, bicyclists, when they're ride -- they're not going with the flow of the traffic when they're on the sidewalk. They'll go either direction, so you have greater opportunity constantly for a car pulling out -- I'm going to pull out into traffic and I'm only looking this way, and a bicyclist is going against traffic, and boom, so I think an appropriate compromise is, in fact, to put the bicycle -- the professional bicyclists aren't going to ride on the sidewalk; they don't anyhow. It's not about that group. This is about leisure riders, and they can just as easily ride their bicycle on the west side of Brickell as they can on the east side. Ms. Conway: I'd just like to add -- that's correct, but from a traffic engineering standpoint, I'd just like to add one other point for your consideration, which is the potential liability. Yes, they can, but then you will then be forcing people to cross from the east side of Brickell to the west side of Brickell, and there are just potential liabilities associated with that if the City's directing that bicycles, recreational bicycles can only be on the west side; just want to throw that out for your consideration. Commissioner Allen: Mr. City Attorney. City Attorney. Jorge L. Fernandez (City Attorney): Well, the pending question, as well as -- Commissioner Winton: Well, what -- Mr. Fernandez: -- addressing -- Commissioner Winton: I'm sorry. Go ahead. Mr. Fernandez: I'm sorry. Commissioner Winton: Go ahead. I'm sorry. Go ahead. Mr. Fernandez: -- some of the concerns that you have raised, it is clearly within the City's police power to enact an ordinance that regulates that. For example, the federal government has regulated that there would be no bicycles or people walking on federal highways, and so they limited that, but they were able to articulate a rationale. They got expert testimony -- Commissioner Allen: Right. Mr. Fernandez: -- in place that showed the danger, the frequency, the -- you know, all of the things that engineers do. Likewise, the same standards apply to you. If you want to regulate this activity, you need to have the expert testimony of your staff and of their consultants to show City ofMiami Page 127 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 that, in fact, there is a sound rationale for limiting, or stopping, or controlling, whatever degree of regulation you want to impose on that given activity. Absent your technical expert's testimony substantiating that idea, my legal advice to you would be not to do it because it will not be defensible. Commissioner Winton: And -- Commissioner Allen: Right. Commissioner Winton: -- can we determine that a two-day visit is statistically significant enough to make this determination? I don't think so. Ms. Conway: We can broad -- Commissioner Allen: Well -- Ms. Conway: -- we can go back and broaden the limits of the study if you would -- Commissioner Allen: Right. Ms. Conway: -- like us to. Commissioner Winton: Well, you have to -- Commissioner Allen: But -- Commissioner Winton: -- because two days is meaningless -- Commissioner Allen: -- I think -- Commissioner Winton: -- and you -- Commissioner Allen: Commissioner Winton, I think what the City Attorney is saying even -- Commissioner Winton: I know what the City Attorney is said. Commissioner Allen: Right, even in addition to that, we need quantifiable, cumulative evidence to do a -- to support a true findings of fact, either way, correct? Mr. Fernandez: Well, you know, for example, the record will not be complete. If what is being alleged is that there is an issue of safety without introducing into the record police reports that shows that over the past several months there have been so many injuries caused as a -- Commissioner Allen: Right. Mr. Fernandez: -- result of bicyclists offending pedestrians, about cars hitting bicyclists, just because of this type of activity. Absent that type of a showing on the record, near anecdotal recounting, as legitimate and as true as it may be, not questioning the voracity of the constituents here testifying, but otherwise, absent hard evidence in the record from -- substantiating from a technical engineering perspective, as well as from a public policy perspective of the harms that are in fact recorded, this City Commission would be in an infirmed position in adopting an ordinance like this. Commissioner Winton: Why? City ofMiami Page 128 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Allen: For the reason he stated. Mr. Fernandez: Because in order -- Commissioner Winton: Here's what I'm struggling with relative to your argument. You're suggesting that you have to wait until there's a disaster before you make a decision? Commissioner Allen: If I may opine -- Commissioner Winton: Excuse me. Commissioner Allen: Sure. Commissioner Winton: I'm asking the question, please. Commissioner Allen: Sure, Commissioner Winton, sure. Mr. Fernandez: The presumption is that all right-of-ways, typically, in a city neighborhood, are open and available, and you are not doing this type of regulation wholesale. You're picking a district; you're picking an area. The burden then becomes heightened, the burden becomes yours to be able to explain why this neighborhood, in contrast to any other neighborhood in the city, is subject to this type of treatment. Then you have to assume the burden of going forward and showing -- but because in the last eight months we have had, you know, lamentably, this injury and that accident, and this type of thing, then you are able to prove it. Otherwise, projecting into the future and predicting does not bode well in court, and I'm looking at it -- and the arguments I'm giving to you are from an evidentiary proceeding, where I would have to defend the legality of an ordinance. Otherwise, I -- as I started my presentation to you, you're vested with the authority to regulate, and yes, you may regulate, but you need to checklist approach; make sure you have all of that in place. Commissioner Allen: Right. Commissioner Winton: I'm -- Mr. Jacobs: May I -- Commissioner Allen: Yeah, so, Commissioner Winton -- Commissioner Winton: Jeffery. Commissioner Allen: -- see that -- Vice Chairman Gonzalez: Commissioner Allen, go ahead. Commissioner Allen: Yeah, Mr. Chairman, so you see, that was my concern, Commissioner Winton, and not to dispute what the residents are stating, but there's a whole process that must be had in this matter, and I'm also drawing from my own legal experience over my years of practice. I can tell you this does not pass constitutional muster at this point. Mr. Jacobs: May I continue with answering some of the -- Commissioner Winton: Sure. City ofMiami Page 129 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Mr. Jacobs: My name is Tory Jacobs. I represent the Brickell Homeowners' Association. We have had a number of complaints from people who live in the neighborhood about their experiences with bicyclists. It was our understanding that there's nothing we could do about it, until we noticed that south -- 8th Street had -- the City enacted an ordinance prohibiting bicycles on the sidewalks on 8th Street, and I don't know if all that evidence is available on 8th Street that the -- for that ordinance, but that induced us to come forward and ask for this protection, but there is a uniqueness to the Brickell situation that I don't believe is anywhere else in the City ofMiami, probably in the County, that has 4,123 residential units in a ten -block area, from 15th Road to 26th Road, on the east side of the street. That is a very heavy concentration. Now on that Tuesday morning and Tuesday afternoon that this survey was made by the -- David Plummer Associates, I went out there and I agree, the traffic was very light, but I'm out there several mornings a week walking, and this particular day was atypical, no question about it. In our discussions with the City Administration, we have suggested that you, the City, should investigate the use of bicycles. What are you going to do when you build these river walks? What are you going to do when you build the bay walks? Will you allow bicyclists? The City ofMiami Beach does not prohibit bicycles on their boardwalks. I don't know what research they have, but you cannot ride bicycles on the boardwalk on Miami Beach, and I submit to you that we need this protection. I don't know -- I believe Ms. Conway said it took a 11-feet sidewalk -- what -- how much sidewalk to accommodate both cyclists and pedestrians? Ms. Conway: The standards require a ten -- these are state/national standards; require a ten foot wide path for joint use, for joint bicycles -- Mr. Jacobs: Right. Ms. Conway: -- and pedestrians. Mr. Jacobs: Well, I don't think we have eight feet on the east side of Brickell, five and three. Ms. Conway: That's correct. That's what -- Mr. Jacobs: We only have eight feet, so by your own standards, you don't have enough room to accommodate both. We appreciate the support of the Commission. Ms. Conway: For a designated path -- Mr. Jacobs: Thank you. Ms. Conway: -- he's correct. If it were designated as a joint use path. Commissioner Winton: Well, I'm totally confused. Mr. Jacobs: Thank you very much. Commissioner Winton: I'm totally confused. Ms. Conway: If you were -- Commissioner Winton: You talked before about this standard, and the standard isn't met on the west side. Vice Chairman Gonzalez: Commissioner Winton, we lost quorum. City ofMiami Page 130 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Winton: Oh. Vice Chairman Gonzalez: Where's Commissioner Allen? I need another Commissioner here. Commissioner Winton: Where's Sanchez? Vice Chairman Gonzalez: All right. Go ahead, please. All right. Commissioner Winton: So you were saying that we couldn't put them on the west side because the west side sidewalk didn't meet these state and federal standards requiring ten feet -- Ms. Conway: I think that -- Commissioner Winton: -- but now you're saying that it's OK to do it on the east side, where you also don't have ten feet. Ms. Conway: I think the differentiation is if you were going to designate a path with signage as a joint use path for pedestrians and bicyclists, standards require a minimum width of ten feet. Commissioner Winton: I don't think we're saying that. I think we're saying you're not going to ride bicycles on the east side of the -- of Bis -- of Brickell Avenue on the sidewalk. Ms. Conway: And I think the issue there then becomes an issue, and it's a potential liability issue, and I'll defer to the City Attorney. If you're going to restrict usage -- and Mr. Jacobs talked about on Miami Beach -- while there may be a restriction on the boardwalk, there is not a restriction on the sidewalk. They have two parallel facilities, so they can -- so on that side of the street, they are not restricting bicyclists from using the street or the sidewalk. Commissioner Winton: We're not restricting them from using the street. Ms. Conway: You would be forcing leisure or recreational bicyclists to be on the street, not on the sidewalk with this ordinance. Commissioner Winton: Unless they rode on the other sidewalk. Ms. Conway: And then you have the potential issue of forcing them to cross Brickell Avenue to get to that. Commissioner Winton: How do you know they're all coming from that side of Brickell? Why aren't they coming from the other side of Brickell Avenue? Why aren't they coming from South Miami Avenue? How do you know where they're coming from? Ms. Conway: They could be coming from anywhere. We're just saying that if there were leisure cyclists coming from all of the residential properties that are on the east side of Brickell Avenue, that -- Commissioner Winton: But you don't know where they're coming from. You've made that assumption and thrown this legal thing up here, this liability question up in front of us, and you don't know that. Ms. Conway: I'm just sharing with -- that for your consideration, that there is a potential issue associated with it, regardless of whether the bi -- you're right. Commissioner Winton: There's a -- City ofMiami Page 131 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Ms. Conway: I can't say -- Commissioner Winton: -- potential legal -- Ms. Conway: -- whether all the bi -- Commissioner Winton: -- situation associated with the fact -- Ms. Conway: Everything. Commissioner Winton: -- that a bicyclist on the east side is going to ram into somebody's car and smash his head, and the City's going to get sued; is that not correct? Mr. Fernandez: Well, the -- you know, talking about liability may be significant, but I would put that on a secondary level of significance when it comes to your enacting this ordinance. It's an important consideration, but there are certain other things that need to be referenced here, and you need to get staff or your engineering consultant to talk to you about whether this is a city road, or a state road, or a county road, and the level of regulation, or the level of co participation that those other jurisdictions would have to have with the City in order to effectuate this type of an ordinance. Then, secondarily, you know, it -- reference was made to Southwest 8th Street. Southwest 8th Street, as you know, is a state road. This whole project of the designation was, as I'm told, originated by the State because there was another path provided, and there was record evidence, with regard to a criminal activity, purse snatching, and all of those things that came into the record, together with the jurisdiction of the State, then the City enacted this ordinance, consulting or taking into account that this is a state road, and that there was alternatives, viable alternatives provided that met all of the standards and all of the specifications. Here, you're far from that. Here, I don't know because I don't know whether this is a city road, a state road, or a county road. Commissioner Winton: No, it's a -- Mr. Fernandez: And depending on what it is, I would need -- Commissioner Winton: It's a federal highway. Ms. Conway: It's a state road, but I would just offer a potential compromise. What could be revisited, not for the entire corridor, but from 15th Road to the north, we could approach the State and the -- Vice Chairman Gonzalez: I don't have a quorum again. Can you get Commissioner Allen? You know, we need him to stay here for a few minutes so we can finish this item. Commissioner Winton: Where's Joe? Oh. Commissioner Allen: Sorry, my apologies. My apologies. Vice Chairman Gonzalez: All right. Ms. Conway: We could offer a potential compromise that we could revisit with the State and with the County between the bridge and 15th Road, which would be having Brickell Bay Drive and 15th designated as an alternate route, and restricting bicycle usage on the east side of Brickell Avenue, but from 15th to the Rickenbacker Causeway on -- City ofMiami Page 132 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Winton: Well, that's where the whole issue is, is from 15th to Rickenbacker. Ms. Conway: There is no alternate route, so the -- Mr. Jacobs: South Miami Avenue. Mr. Fernandez: Well -- Mr. Jacobs: One block away. Commissioner Winton: I think what -- and I think the -- I'll quarrel with staff here on this because I'm not buying all of their stuff at all, butl think the CityAttorney's made some real good comments. I don't think we have the data to support an ordinance that could get us in trouble, so what I'm going to recommend is that we -- Tory, that we implement the first phase that they talked about, which is signage on the east side of the boulevard, but that we direct staff to begin doing a much more in-depth analysis of the potential and current conflict between pedestrians and bicyclists, and that way, we'll start a process. Phase one is the signage, recommendation plan that staff made; we'll implement that as soon as we can; and the second phase will be the ongoing part, which gets to the City Attorney's point, which is to begin the analysis immediately so that we will have statistical evidence to support, by the way, one way or another, what we're doing here, and -- unless you all have some other idea that you're cooking up over there that -- Ms. Conway: No. What we'll do is we will broaden the sampling on Brick -- Vice Chairman Gonzalez: The study. Ms. Conway: Mary Conway, CIP and Transportation. We will broaden the study scope so that we look at more days and a broader time period, and we will also talk to the State and the County about their potential willingness to have either South Miami Avenue, for the southern section, or Brickell Bay Drive, for the northern section, to serve as alternate designated bike routes in lieu -- Commissioner Winton: I like that. Ms. Conway: -- of Brickell Avenue. Commissioner Winton: Good. Mr. Jacobs: Well, thank you very much, Commissioner Winton, for that. May I just add that Ms. Conway has talked about the dangers of crossing Brickell Avenue, and this is a matter of great concern to us, we have been concerned about, particularly in front of the UDT towers, where 272 units of mostly average age 85, I believe, they have to cross to the bus stop. We've tried to get a traffic signal. We've tried to get a crosswalk -- signalized crosswalk there. We need crosswalks on Brickell. The City is dedicated to making a pedestrian -- Miami more pedestrian friendly, more pedestrian -- and here we are doing the opposite on Brickell. Thank you. Commissioner Winton: Including all of the -- Vice Chairman Gonzalez: Thank you. Commissioner Winton: -- speeding traffic that goes down Brickell Avenue in that area -- City ofMiami Page 133 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Mr. Jacobs: I -- we -- Commissioner Winton: -- that we have to address. Mr. Jacobs: We need traffic calming, and we need to let people cross Brickell in safety. Thank you. Commissioner Winton: So -- Vice Chairman Gonzalez: Thank you, sir. Commissioner Winton: -- the motion is going to be -- now, this was an ordinance that we were doing, and we're going to temporarily -- we're going to scrap this ordinance. This was an ordinance, right? Ms. Thompson: Yes. Commissioner Allen: Yes. Mr. Fernandez: Yes, it is. Commissioner Winton: Well, maybe we're not scrapping the ordinance. The -- staff was recommending that rather than go the route that we were thinking about, they said, what we would recommend you do is place signage along the east side of Brickell stating -- I forget what the hell you said it's going to be. Ms. Conway: Put "Bicyclists Yield to Pedestrians." Commissioner Winton: Bicycle -- OK, so we're going to start with that, and then -- and Mr. City Attorney, does that require an ordinance to do that, or is that -- Mr. Fernandez: Well -- Commissioner Allen: But Mr. Chairman, isn't that materially altering this ordinance? Mr. Fernandez: No, but this ordinance -- you're not ready to pass this ordinance -- Commissioner Allen: Right. Mr. Fernandez: -- ifI read the intent of the Commission correctly. Commissioner Allen: Exactly. Mr. Fernandez: What needs to happen, following Commissioner Winton's idea, is to direct staff to conduct the studies, have the statistical analysis and the like, to come with an ordinance that contemplates the modified district, as Ms. Conway had explained, from 15th to -- Ms. Conway: Twenty-fifth Road. Mr. Fernandez: -- 24th, and -- you know, which is an alternative to what you have here, which is quite different. Commissioner Winton: Well, with the added proviso that I want the signage issue done now. City ofMiami Page 134 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Mr. Fernandez: Correct, and that can happen just merely by your directing them to do it; that doesn't require passage of an ordinance. Commissioner Winton: OK, great. Vice Chairman Gonzalez: So -- Commissioner Winton: So that can be just -- Vice Chairman Gonzalez: -- do we need to defer this -- Commissioner Winton: -- a resolution? Vice Chairman Gonzalez: -- ordinance? Defer this item, and then take the -- Commissioner Allen: For further analysis. Vice Chairman Gonzalez: -- Commissioner's recommendation? Mr. Fernandez: Right. You can defer this item, and when it comes back for first reading -- Commissioner Allen: OK. Commissioner Winton: Yeah. Mr. Fernandez: -- it'll be read properly. Commissioner Winton: That -- OK, perfect, so we'll defer -- Commissioner Allen: For further analysis. Commissioner Winton: This as an ordinance, and then I'll introduce a resolution -- Vice Chairman Gonzalez: All right. We have a motion to defer. Commissioner Allen: Second. Vice Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: Now -- Commissioner Winton: And then I will introduce a resolution that directs staff to get the signage placed along the east side of Brickell Avenue as soon as possible, and how soon is "as soon as possible"? Ms. Conway: I'll verify with Public Works, but I think that, within a matter offour weeks. It's a simple matter of obtaining quotes from vendors and having the sign faces manufactured, so I think within a four- to an eight -week period, at the most -- Commissioner Winton: OK, great. Ms. Conway: -- we ought to be able to procure those signs -- City ofMiami Page 135 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Winton: OK, and so -- Ms. Conway: -- and have them installed. Commissioner Winton: -- the motion is -- Tory, you got to go to the microphone. Commissioner Allen: Right. Commissioner Winton: You got to go to the microphone. Mr. Jacobs: How many will you put up -- Commissioner Winton: Signs. Mr. Jacobs: -- from 4th -- you go from 4th to 26th. Ms. Conway: What was discussed with -- initially with the County was putting them at the north and south. I think we also need to have them spaced periodically -- Commissioner Winton: Absolutely. Ms. Conway: -- throughout the distance. Commissioner Winton: The more the -- you know, not the more, the merrier because you've got a visual issue here. Ms. Conway: Clutter. Commissioner Winton: I mean, clutter issue -- thank you -- but you also want them frequent enough so people -- certainly, early on, more is better so that everybody -- you know, it's kind of like the "No Trespassing" sign. You want to have enough signage up there so the people really are put on notice immediately, but the rest of the motion is to then direct staff to begin a detailed analysis of the issues relative to pedestrian versus bicycle versus cars on the east side of Brickell Avenue. Commissioner Allen: OK. I'll -- does that -- Vice Chairman Gonzalez: All right. We have -- Commissioner Allen: -- need a second? Vice Chairman Gonzalez: -- a motion. Commissioner Allen: Second. Commissioner Winton: Yeah. Vice Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: Motion carries. City ofMiami Page 136 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Allen: Thank you. Vice Chairman Gonzalez: OK, let's take FR.3 before breaking for lunch. That will take only -- Mr. Seligman: One quick question, please, sir, very, very quick one. Vice Chairman Gonzalez: Yes, sir, go ahead. Mr. Seligman: We're talking about specifically Brickell Avenue, between 15th and 25th Road. Commissioner Winton: Correct. Mr. Seligman: And 99 percent of the traffic in and out of those buildings is people who live in those buildings, and they are the ones who were deeply concerned about this. Putting up signs isn't going to solve the problem; the problem will be solved when those bicyclists are no longer on that sidewalk on the east side, and with all due respect to the City ofMiami department regarding this, the first time you've got a few serious injuries or deaths, you stop and think. Vice Chairman Gonzalez: Thank you, sir. City ofMiami Page 137 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 RESOLUTION RE.1 05-00151 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Economic ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Development SUPPLEMENTAL LEASE, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, FOR THE USE OF CITY OF MIAMI PROPERTY LOCATED ON VIRGINIA KEY, MEASURING APPROXIMATELY 60,000 SQUARE FEET OR 1.3774 ACRES, FOR USE AS A VERY HIGH FREQUENCY OMNI-DIRECTIONAL RANGE AND TACTICAL AIR NAVIGATION (VORTAC) FACILITY AND TO PROVIDE FOR THE REINSTATEMENT AND EXTENSION OF THE LEASE AGREEMENT FOR A MAXIMUM OF TWO (2) ADDITIONAL ONE-YEAR TERMS, COMMENCING OCTOBER 1, 2004, WITH AN INITIAL BASE RENT OF A YEARLY AMOUNT NOT TO EXCEED $17,832.36 ($1,486.03 MONTHLY), FOR THE INITIAL REINSTATED TERM. NO ACTION TAKEN Chairman Sanchez: All right. We go to RE.1. RE.1 is a resolution of the City ofMiami Commission, attachments, authorizing the City Manager to execute a supplement [sic] lease, in attachment form, with the United States Department of Transportation, (UNINTELLIGIBLE) Aviation Administration, for the use of the City ofMiami property located at Virginia Key, measuring approximately 60,000 square feet, 1.3774 acres, for use as a very high frequently omni-directional range and tactical air navigation. Is that it? Laura Billberry (Acting Director, Department of Economic Development): You got it. If -- Lori Billberry, though, ifI may. This item was previously before this Commission, and one of the reasons it was deferred was Commissioner Regalado had been requesting that we try and get the environmental assessment for MIA (Miami International Airport) reviewed expeditiously. We did receive word today that they are almost complete with their review in the New Jersey office, and will be forwarding their comments to New York for their review. They expect that will take a couple weeks. At which time, the comments will be forwarded to Jeff Bunting, where he can then either update and/or implement the recommendations. Commissioner Winton: So why would we pass this on? Commissioner Regalado: That's what we wanted. Chairman Sanchez: All right. Is there a motion? Commissioner Allen: I make a motion to move the item, Mr. Chairman. Commissioner Winton: Second for -- well -- Chairman Sanchez: There's a motion by Commissioner Allen. Second? Commissioner Winton: No, I'm not going to second because I want to have a discussion. Chairman Sanchez: All right. Well, come on. City ofMiami Page 138 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. For the purpose of discussion, Commissioner Winton, you're recognized. Commissioner Winton: Strategically, it seems to me that we're premature in approving this. If we're trying to get something out of them, we lose the opportunity -- we lose all negotiating leverage if we pass it today. It isn't as though we're going to tear the antennae system down out there. It isn't as though they're not going to be able to continue to operate it, so unless there's some crucial timing issue here, my recommendation is that we not do anything to extend this lease, until such time as we get the appropriate rulings from the FAA (Florida Aviation Administration), and they do whatever they need to do to make the local tower chief here pay attention to this community instead of his own ego. Commissioner Regalado: You're sounding like this Radical Regalado, you know. Commissioner Winton: I know. Isn't it scary? Commissioner Regalado: That's scary. Chairman Sanchez: All right. What do you -- what do we -- Commissioner Allen: Well -- Chairman Sanchez: Come on, we got to move along. Commissioner Winton: My view is -- Commissioner Regalado: You know, he's right. I didn't say that because, you know, I did already ask for a deferral, and it seems that at least they listened, but he's completely and absolutely right. You know, when they have this threat, yeah, what are they going to do? They can take over the land because they are the federal government. However, we can sue them, and do this and do that, but Commissioner Winton is right. They need to know that we still have some leverage, you know. Commissioner Allen: OK. Commissioner Regalado: If we pass this -- Commissioner Winton: So my recommendation is that we vote this item down for now, and we encourage staff to monitor the progress of FAA development, and bring it back when we get what we've been asking for for four years. Joe Arriola (City Manager): How about if we defer it; better than voting it down? Commissioner Winton: Yeah. No. OK. Commissioner Allen: Right. Chairman Sanchez: Well, before -- Commissioner Winton: That's fine, I don't mind. Chairman Sanchez: -- we do that, why don't we just have this -- City ofMiami Page 139 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Winton: I don't mind that -- Chairman Sanchez: Before we do that -- Commissioner Winton: -- break. Chairman Sanchez: -- so we simplify the process here, just have the second -- the maker of the motion, who seconded it, which was I believe Commissioner Allen -- Commissioner Allen: Yeah. I -- Chairman Sanchez: Why don't you just -- Commissioner Allen: -- moved the item -- Chairman Sanchez: You moved it and -- Commissioner Allen: -- in its current state. Chairman Sanchez: -- and Commissioner Regalado second it. Commissioner Regalado, why don't you just pull your second? Commissioner Regalado: I'll withdraw my second. Chairman Sanchez: That's it. Motion dies. We move on. City ofMiami Page 140 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 BOARDS AND COMMITTEES BC.1 05-00057 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Max Cruz Commissioner Tomas Regalado Carlos Saldivar Commissioner Tomas Regalado DEFERRED Chairman Sanchez: Let's go ahead and see if we could get through the Boards and Committees appointments, and then we have our pocket items, and hopefully, we'll be done for the day. All right, so let's go to BC.1. BC.1, it's the Orange Bowl Advisory Board. Commissioner Regalado has two appointments, and the Mayor have two appointments. We'll come back to them. BC.2 05-00063 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Eli Feinberg Commissioner Regalado DEFERRED Chairman Sanchez: Let's go to BC.2. BC.2 is the Finance Committee. Vice Chairman Angel Gonzalez, I believe you have an appointment, and the Mayor has -- Vice Chairman Gonzalez: I will defer mine. Chairman Sanchez: OK. Commissioner -- Vice Chairman Gonzalez defer his appointment, and I'm sure the Mayor would just notify the City Clerk of who his appointments will be. BC.3 05-00308 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE PERFORMING ARTS CENTER TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City ofMiami Page 141 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Carole Ann Taylor Performing Arts Center Trust 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-05-0306 Chairman Sanchez: We'll go to BC.3. BC.3 is a resolution, and that is for the Performing Arts Center. Who was appointed there before? Commissioner Winton: Carole Ann Taylor, and I'd like to reappoint -- Chairman Sanchez: All right. There's a motion -- Commissioner Winton: -- move to reappoint Carole Ann Taylor. Chairman Sanchez: -- to reappoint -- Commissioner Allen: Second. Chairman Sanchez: -- Ms. Taylor for the Performing Arts Center. There's a motion by Commissioner Winton; it's second by Commissioner Allen. 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. She's been reappointed to the Performing Arts Center Trust. BC.4 05-00309 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ralph Duharte Vice Chairman Angel Gonzalez Steve Alexander Commissioner Johnny Winton Michael Barket Chairman Joe Sanchez Frank Herrera Commissioner Tomas Regalado John Harris Commissioner Jeffery Allen Ruth Greenfield Commission At -Large City ofMiami Page 142 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Elena Carpenter Commission At -Large Lawrence Terry Commission At -Large 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-05-0307 Chairman Sanchez: We go to BC.4. BC.4 is a resolution appointing members of the Bayfront Park Trust. Vice Chairman Angel Gonzalez, you have an appointment, sir. Vice Chairman Gonzalez: I will reappoint Ralph Duharte. Chairman Sanchez: All right. There's a motion to reappoint Ralph Duharte. I don't believe he needs any waivers. Commissioner Allen: Second. Chairman Sanchez: Well, let's do everybody. Commissioner Allen: I'm sorry. Chairman Sanchez: It's a resolution, so we'll try to do everybody. Commissioner Winton, you also have an appointment, sir. Commissioner Winton: Steve Alexander -- Chairman Sanchez: All right. Commissioner Winton: -- reappoint. Chairman Sanchez: There's a -- he does not need waivers. He attends all the meetings. I would like to reappoint my appointee, which is Michael Barket. At this time, Commissioner Regalado, you have an appointment to the Bayfront Park. You -- Commissioner Regalado: Yes. Chairman Sanchez: -- reappoint Frank? Commissioner Regalado: Yes, Frank -- Chairman Sanchez: OK. Commissioner Regalado: -- Herrera. Chairman Sanchez: OK. Motion -- well, we're going to get everybody. Commissioner Regalado appoints Frank Herrera -- reappoints him. Commissioner Allen, you have an appointment, sir. Commissioner Allen: Yes. I appoint John Harris. City ofMiami Page 143 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: All right, John Harris, and then there are three Commission at -large, and those are -- we should reappoint them. Commissioner Winton: You're satisfied with them? Chairman Sanchez: I am satisfied with them. Commissioner Winton: I would move Ruth Greenfield, Elena Carpenter, and Lawrence Terry, who are the current three at -large appointees. Chairman Sanchez: All right. At this time, the names that have been proffered, none require a waiver. What I would like is a motion to approve the following names to be members of the Bayfront Park Management Trust. Vice Chairman Gonzalez: Motion to approve. Chairman Sanchez: There is a motion by -- Commissioner Winton: Second. Chairman Sanchez: -- Vice Chairman Gonzalez, second by Commissioner Winton. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.5 05-00311 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Larazo Lopez Vice Chairman Angel Gonzalez Shane Graber Commissioner Johnny Winton Anthony Cantey Commissioner Jeffery Allen 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-05-0308 A motion was made by Commissioner Regalado to waive the term limits of Section 2-885(b) of the Code of the City ofMiami, as amended, as it relates to Monique Taylor's appointment as a City ofMiami Page 144 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 member of the Nuisance Abatement Board. The motion was seconded by Vice Chairman Gonzalez, and FAILED with Commissioner Winton voting against the motion for a waiver which required a unanimous (5/5) vote of the members of the City Commission. Chairman Sanchez: And we move to Nuisance Abatement Board. Vice Chairman Gonzalez, you have an appointment. Vice Chairman Gonzalez: I'll reappoint Lazaro Lopez. Chairman Sanchez: OK. Commissioner Johnny Winton, you also have an appointment. Vice Chairman Gonzalez: He doesn't need a waiver. Commissioner Winton: Reappoint Shane Graber. Chairman Sanchez: OK. I will defer my appointment. Commissioner Regalado. Commissioner Regalado: Monique Taylor. Chairman Sanchez: OK. Commissioner Allen. Commissioner Winton: Now -- Commissioner Allen: Anthony Cantey. Chairman Sanchez: OK. Commissioner Winton: Hey, Commissioner Regalado, does Monique Taylor -- Commissioner Regalado: Live in the city? Commissioner Winton: No, no, no. I'm -- Priscilla A. Thompson (City Clerk): She -- Commissioner Winton: Well, I'm -- does she require any waiver? She's not -- Ms. Thompson: She -- Commissioner Winton: -- the eight year term limit. Ms. Thompson: She needs a term limit waiver. Commissioner Regalado: Because she's term limit. Ms. Thompson: Yes. Commissioner Regalado: Oh, because -- Commissioner Winton: And what's the vote on term limit? Ms. Thompson: Five. Commissioner Winton: Five. City ofMiami Page 145 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: You could waive it. Commissioner Regalado: (UNINTELLIGIBLE). Chairman Sanchez: OK, it doesn't matter. Commissioner Regalado: She's been there for many years. I remember, I appointed her in '96, SO -- Ms. Thompson: So are you reappointing her now? Commissioner Regalado: Yes. Ms. Thompson: You're going to need -- usually you do that when it's a separate motion for that term limit waiver. Commissioner Regalado: OK. Commissioner Winton: Because it requires five votes. Chairman Sanchez: OK, so let's take -- Commissioner Regalado: So let's do her only. Chairman Sanchez: Let's do her only. Vice Chairman Gonzalez: OK, let's -- Chairman Sanchez: So let's go ahead, and -- Commissioner Regalado: I -- Chairman Sanchez: -- the names that were proffered, except -- Commissioner Regalado: -- reappoint Monique Taylor for the Nuisance Abatement Board, with a waiver of term limit. Chairman Sanchez: All right. Is there a second? Vice Chairman Gonzalez: I'll second it. Chairman Sanchez: For the purpose of discussion. All right, discussion. No discussion? Commissioner Winton: No. I'm just going to vote. Chairman Sanchez: All right. Everybody's going to vote how they want to vote. OK, all in favor, say "aye." Anyone in opposition, having the same right, say "nay." Commissioner Winton: Nay. Chairman Sanchez: I believe there's one "nay." OK. The names that were proffered before -- Vice Chairman Gonzalez: I move the other names -- City ofMiami Page 146 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: The remaining names. Vice Chairman Gonzalez: -- that had been proffered. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Is there a second? Need a second. Commissioner Allen: I'll second, Mr. Chairman. Chairman Sanchez: Second by Commissioner Allen. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and we have made appointments to the Nuisance Abatement Board. BC.6 05-00316 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Joe Sanchez DEFERRED Chairman Sanchez: We go to BC.6. It's a resolution; that's the Urban Development Board, and I have an appointment there. At which time, I will ask my appointment be deferred. BC.7 05-00317 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Erika McKinney Commissioner Jeffery Allen DEFERRED Chairman Sanchez: Move to BC.7, also a resolution. That is the Virginia Key Park Trust. Commissioner Allen: I would like -- Chairman Sanchez: Commissioner -- Vice Chairman Gonzalez, you have an appointment. City ofMiami Page 147 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 BC.8 05-00318 Office of the City Clerk Commissioner Allen: Right. Vice Chairman Gonzalez: I will defer. Chairman Sanchez: All right, you'll defer. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Stuart Sorg Ashley Chase Wendy Kalimar M. Lee Smith Antonio Llano Montes Jack King Phil Everingham Ernest Martin NOMINATED BY: Vice Chairman Angel Gonzalez Commissioner Johnny Winton Chairman Joe Sanchez Chairman Joe Sanchez Commissioner Tomas Regalado Commissioner Tomas Regalado Commissioner Jeffery Allen Commissioner Jeffery Allen 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-05-0309 Chairman Sanchez: We move on to Waterfront Board Advis -- Waterfront Advisory Board. I believe everybody needs to be reappointed. Well start with Vice Chairman Angel Gonzalez. You have two appointments. Vice Chairman Gonzalez: I'll reappoint Stuart Sorg, and I will defer the other appointment. Chairman Sanchez: All right. Commissioner Winton. Commissioner Winton: What are we on? Commissioner Regalado: Waterfront. Chairman Sanchez: Waterfront Advisory Board. City ofMiami Page 148 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Allen: BC.8. Commissioner Winton: I'm going to reappoint Ashley Chase, and I'm going to hold on the other. Chairman Sanchez: All right. I will reappoint both of my appointments. I would reappoint Wendy, and I will reappoint Lee. Regalado. Commissioner Regalado: Reappointment ofAntonio Llano Montes, Jack King. Chairman Sanchez: OK. Commissioner Jeffery Allen. Commissioner Allen: Reappoint Phillip Everingham and Ernest Martin. Commissioner Winton: Hey, is Jack King eight year guy? Priscilla A. Thompson (City Clerk): No. Chairman Sanchez: All right, and the Mayor -- Commissioner Regalado: He's looking for excuse. Chairman Sanchez: -- will proffer his appointment at -- Commissioner Winton: Darn. Chairman Sanchez: -- a later date. OK, need a motion. A resolution -- it's a resolution. We need a motion to approve the names that have been proffered for -- Vice Chairman Gonzalez: I'll move the names -- Chairman Sanchez: -- the Waterfront Advisory Board. Vice Chairman Gonzalez: -- that had been proffered. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Need a second. Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Tomas 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, " so we have made appointments to the Waterfront Advisory Board. BC.9 05-00320 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ZONING BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City ofMiami Page 149 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 C. Chloe Keidaish Commissioner Johnny Winton Charles J. Flowers Commissioner Jeffery Allen 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-05-031 0 Chairman Sanchez: We're moving on to the Zoning Board, and we have Commissioner Winton and Commissioner Allen for appointments. Gentlemen. Commissioner Winton: I'm sorry. Chairman Sanchez: The Zoning Board. Commissioner Winton: Oh, I have -- I have no idea how you pronounce this name. What is it, Chloe Keidaish. Chairman Sanchez: Huh? Who? Commissioner Winton: Chloe Keidaish. Chairman Sanchez: Chloe Keidaish. Commissioner Winton: Yeah. Chairman Sanchez: Keidaish, OK. Commissioner Winton: C-H-L-O-E. Chairman Sanchez: That's close enough. Commissioner Winton: K-E-I-D -- Chairman Sanchez: All right. Commissioner Winton: -- A-I-S-H. Chairman Sanchez: Commissioner Allen. Commissioner Allen: I'll reappoint Charles Flowers, and I would defer on my second appointment. Chairman Sanchez: All right. Madam Clerk, do any of those two appointments need a waiver? Priscilla A. Thompson (City Clerk): No. Chairman Sanchez: All right. Need a motion. It's a resolution. City ofMiami Page 150 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Vice Chairman Gonzalez: I'll move the number -- Chairman Sanchez: There's a motion by -- Vice Chairman Gonzalez: -- the names proffered. Chairman Sanchez: -- Vice Chairman Gonzalez. Is there a second? Second by Commissioner Allen? Commissioner Allen: Yes. Chairman Sanchez: All right. Any discussion on the item? Hearing none, it's a motion to approve the names that had been proffered for the Zoning Board. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.10 05-00321 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Kricket Snow Vice Chairman Johnny Winton Arva Moore Parks Commissioner Joe Sanchez Janice Tarbert Commissioner Tomas Regalado Maria Sardina Mann Commissioner Tomas Regalado Robert Young Commissioner Michelle Spence -Jones DEFERRED Chairman Sanchez: And we go to the Planning Advisory Board, which, at this time, Commissioner Tomas Regalado has an appointment, and I have an appointment. Commissioner Regalado: I will defer that -- Chairman Sanchez: I would also defer mine. Commissioner Regalado: -- because some people are, I mean, presenting their application with the City Clerk. Chairman Sanchez: All right, so am I. I'm going to be interviewing a few people for that position. City ofMiami Page 151 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 BC.11 05-00322 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ignacio Abella Vice Chairman Angel Gonzalez Evelyn D'An Commissioner Johnny Winton Monica Fernandez Chairman Joe Sanchez Richard Berkowitz Commissioner Tomas Regalado Lewis R. Blake, III Commissioner Jeffery Allen 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-05-0311 Chairman Sanchez: We move to BC.11. BC.11 is the Audit Advisory Committee. Vice Chairman Gonzalez, Winton -- Vice Chairman Gonzalez: I'll -- Chairman Sanchez: -- San -- we all have one. Vice Chairman Gonzalez: -- reappoint Ignacio Abella. Chairman Sanchez: All right. There's a motion to appoint the gentleman. Is there a second? Commissioner Winton: Second. Chairman Sanchez: I mean, I'm sorry. Let's get -- Commissioner Winton: Yeah. Chairman Sanchez: -- everybody out of the way. Commissioner Winton. Commissioner Winton: I reappoint Evelyn D'An. Chairman Sanchez: All right, and I will reappoint Monica Fernandez, and I believe she needs a waiver of absence. OK, that would be included in the reappointment. Tomas Regalado, Commissioner. Commissioner Regalado: Richard Berkowitz. City ofMiami Page 152 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: OK, and Commissioner Allen. Commissioner Allen: Yes. I made an appointment. Madam Clerk, I don't have it with me. Do you have the name that I submitted -- I had my office to submit to you in advance, if you will, please. Do you -- Priscilla A. Thompson (City Clerk): I'm sorry. Lewis R. Blake, III. Commissioner Allen: Yes, that's correct. Chairman Sanchez: All right. The names that have been proffered for the Audit Advisory Committee, and -- Vice Chairman Gonzalez: I'll move all the -- Chairman Sanchez: -- the motion -- Vice Chairman Gonzalez: -- names that had been proffered. Chairman Sanchez: -- that's being presented through this resolution will also have a waiver of absence for any of the members that are included. A motion has been made by Vice Chairman Gonzalez. We need a second for the purpose of discussion. Commissioner Winton: Second. Chairman Sanchez: A second has been made by Commissioner Winton. Now, we are at discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, the resolution passes. BC.12 05-00323 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Armando J. Silva -Trujillo Vice Chairman Angel Gonzalez Carolyn Cope Commissioner Johnny Winton Yves Fortune Commissioner Tomas Regalado Constance Gilbert Commissioner Jeffery Allen City ofMiami Page 153 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 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-05-0312 A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to waive the term limits of Section 2-885(b) of the Code of the City of Miami, as amended, by a unanimous (5/5) vote of the members of the City Commission, as it relates to Carolyn Cope as a member of the Miami Street Codesignation Review Committee. Chairman Sanchez: We move on the Miami Street Codesignation Review. Code -- Vice Chairman Gonzalez: I reappoint Armando Silva. Chairman Sanchez: Who? Vice Chairman Gonzalez: Armando Silva -Trujillo. Chairman Sanchez: OK. Vice Chairman Gonzalez: Reappointing. Chairman Sanchez: That's the -- you're reappointing him? Vice Chairman Gonzalez: Yeah. Chairman Sanchez: OK. Commissioner Winton. Commissioner Winton: Carolyn Cope. Priscilla A. Thompson (City Clerk): And -- Commissioner Winton: And that's a term limit. Oh, no, we have to wait because that's a term limit thing. Chairman Sanchez: All right. I'm deferring mine. Commissioner Regalado. Commissioner Regalado: Yves Fortune. Commissioner Allen: And in my behalf Mr. Chairman, Constance Gilbert. Chairman Sanchez: All right. The names that have been proffered -- I will defer on my appointment. The names that have been proffered to Miami Street Codesignation Review Committee. All in favor, say "aye." I'm sorry, there is no motion. We need a motion. Commissioner Winton: So move. Vice Chairman Gonzalez: Move. Chairman Sanchez: Motion by -- Commissioner Regalado: Second. City ofMiami Page 154 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Vice Chairman Gonzalez: Second. Chairman Sanchez: -- Commissioner Winton, second by Commissioner Regalado. 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. BC.13. Ms. Thompson: I'm sorry. I'm sorry, Commissioner Winton, are you going to -- Commissioner Winton: Oh, yeah. Carolyn Cope, whose term limit -- Chairman Sanchez: All right. Motion to approve with a waiver. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. Any 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." Motion carries. BC.13 05-00347 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Maggie Perez Commissioner Johnny Winton Vera Gifford Commissioner Jeffery Allen Motion by Commissioner Winton, 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-05-0313 Chairman Sanchez: And we go to BC.13, Occupational License. Commissioner Regalado: Defer mine. Chairman Sanchez: I will defer mine. City ofMiami Page 155 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Vice Chairman Gonzalez: I'll defer mine. Commissioner Allen: Madam Clerk, quickly, did my office submit a name? Because I'm looking through my items here -- Priscilla A. Thompson (City Clerk): Yes. For Occupational License Equity Study Commission, Vera Gifford. Commissioner Allen: Yes. Chairman Sanchez: All right. Commissioner Winton, do you have an appointment to that? Commissioner Winton: Maggie -- Chairman Sanchez: All right. Proffer the name, and they'll be the two names. The rest of the Commissioners will defer their appointments. Commissioner Winton: Maggie Perez. Chairman Sanchez: All right. The two names that have been proffered, do they require a waiver of any kind, Madam Clerk? Ms. Thompson: No. This is a newly created board. Chairman Sanchez: Hearing none, there's a motion by Commissioner Winton, second by Commissioner Allen. 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. BC.14 05-00348 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ruben Valdez Vice Chairman Angel Gonzalez Marianne Salazar Commissioner Tomas Regalado Najib Tayara Commissioner Jeffery Allen Alexander Reus Commission At -Large 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 ofMiami Page 156 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 R-05-0317 A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, to appoint Alexander Reus as the at -large member of the Mayor's International Council. A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Ruben Valdez as a member of the Mayor's International Council. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, to appoint Marianne Salazar as a member of the Mayor's International Council. A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, to appoint Najib Tayara as a member of the Mayor's International Council. Chairman Sanchez: We move to BC.14, the Mayor's International Council for the term designated. Commissioner Winton: I'd like to nominate Alexander Reus. Chairman Sanchez: OK. At that one, hold on. Let me -- yeah, there's only one, that I'm aware, for the Commission at -Large, and at this time, there is an appointment for the at large appointment, and that -- there's been a motion for Alexander Reus. Is there a second? Commissioner Regalado: Which -- Chairman Sanchez: Alexander. Commissioner Regalado: -- is that? Chairman Sanchez: Alexander. You made a motion for Alexander -- Commissioner Winton: Yeah. Chairman Sanchez: -- right? Commissioner Winton: Yes, Alexander Reus. Vice Chairman Gonzalez: Second. Chairman Sanchez: Reus. Commissioner Winton: He's German. Commissioner Allen: Second. Chairman Sanchez: Second. Commissioner Winton: Real German. Chairman Sanchez: Any discussion on the item? Hearing none, all in favor, say "aye." City ofMiami Page 157 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Now, Commissioner Gonzalez, you have an appointment to that. Vice Chairman Gonzalez: Ruben Valdez, reappointment. Chairman Sanchez: OK, there's a reappointment for -- Vice Chairman Gonzalez: With a waiver. Chairman Sanchez: -- Ruben Valdez, with a waiver. There's a -- Priscilla A. Thompson (City Clerk): Excuse me. Chairman Sanchez: -- motion. Ms. Thompson: He doesn't -- Chairman Sanchez: Is there a second? Commissioner Winton: Second. Commissioner Regalado: Second. Ms. Thompson: He doesn't need a waiver. Chairman Sanchez: He doesn't need a -- Vice Chairman Gonzalez: He doesn't need a waiver? OK. Ms. Thompson: No. Chairman Sanchez: OK, there's a motion and a second. all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Tomas Regalado. Commissioner Regalado: Marianne Salazar. Chairman Sanchez: OK. There's a motion. Commissioner Winton: Second. Chairman Sanchez: Is there a second? Commissioner Winton: Second. Vice Chairman Gonzalez: Second. Chairman Sanchez: No waiver needed. All in favor, say "aye." City ofMiami Page 158 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Allen. Commissioner Allen: I have here Najib Tayara. That's consistent, right, Madam Clerk? Chairman Sanchez: Yes. Ms. Thompson: Yes. Commissioner Allen: Yes. Chairman Sanchez: There's a motion. Is there a second? Commissioner Winton: Second. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a second by Commissioner Winton. The motion has been made by Commissioner Allen. 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, and the Mayor will appoint his appointment later. City ofMiami Page 159 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 DISCUSSION ITEMS DI.1 05-00302 DISCUSSION ITEM Department of PRESENTATION CONCERNING GRAPELAND HEIGHTS WATER THEME Capital PARK. Improvement Programs/Transpor tation DISCUSSED Chairman Sanchez: Let's get -- I think we have the consultants from the Grapeland Height Water Theme Park. Let's get you out of the way. Come on up. I know we're paying you by the hour, and I'm sure it's not cheap. Commissioner Winton: I want to move that park to my district. Chairman Sanchez: I think everybody wants a park like that in their district. Yes, sir. Mike Rozos: Well, Mr. Chairman, good news, you're not paying us by the hour, so -- Chairman Sanchez: No. Sir, it was a joke, but are you local? Mr. Rozos: No. No, sir. Chairman Sanchez: Are you out of town? Mr. Rozos: Mike Rozos, Recreational Design and Construction. We're at 3990 Oakland Park, Florida. Chairman Sanchez: I hope you're staying in one of our hotels here in the city, sir. Mr. Rozos: I stayed at a few of them. I'd like to discuss them with you later. First of all, thank you for the opportunity to being here this afternoon to present to you the Grapeland Hearts [sic] Park project. As we make our presentation, we'd like to tell you a little bit more about ourselves, which you already know, as well as show you what you and your staff in cooperation with our team, has put together a very exciting park. This is our team. This is a team of parks and recreation specialists. We are a design -build contractor that specializes in parks and recreation, and you will see up here some of the renown professionals; there's Aqua Dynamics, 3CT Engineering, Rosenberg and Gardner, and construction consultants. This team has been together for ten years designing parks and recreation facilities throughout South Florida. We are a hundred percent design -build team. This is our specialty. We don't build bridges, and highways, or hospitals; we build parks, and we do a good job in building parks, and we're going to build you a great park. We have completed over 125 projects throughout South Florida in the past ten years, exceeding over $85 million in construction. Our team of specialists, and during that ten years, can report to you -- and I know this was discussed earlier during the construction -- that during that ten years, we've completed every project on time, as specified, within budget, and most important, never, never a change order, and I know that's refreshing. Just like to show you a few examples of a couple parks that have certain facilities and amenities that you will see in Grapeland Heights. Here is the North Community Park. This is the last major community park that we designed and built in a period of 12 months for the City of Coral Springs. If you traverse north and south of the Sawgrass, at Coral Ridge Drive you'll see this 30-acre park, and it is total community park. It represents something for City ofMiami Page 160 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 the entire community. Here are some of the amenities. We'd like to just give you an example that you will also see in Grapeland Heights, which my colleagues will show later. There's a multipurpose sports facility between the hub of ball fields for score keepers, and concessions, and restrooms, tennis courts, shelters, restrooms, all designed with true design features for preventive maintenance, and long-term use, and quality product. Here's a project that some of you have visited, and you've read about, and seen in the news. This is the Paradise Cove at C.B. Smith Park. This is one of the premiere park aquatic facilities in South Florida. We completed this project last March for the Broward County Parks and Recreation System. They started operating it in May of last year, and operated through the month of September with over 110,000 attendants, the highest revenue producing facility in Broward County's park system; well over $1.2 million for that part-time operation. You'll see some of these amenities also in Grapeland Heights. This is TY (Topeekeegee Yugnee) Park. This is an aquatic facility we did for Broward County seven years ago. Until Paradise Cove came on board, this was the most highly used and the most productive, economically, for the county. It represented about 700,000 -- with about 55 to 70,000 people, depending on the season. This is a Sunset Lakes Municipal Complex that we completed for the City ofMiramar in a 12-month period, and it's about 32,000 square feet, and involves all types of indoor facilities for all ages, from seniors to children; food programs, gymnasiums, health centers, and in this -- your park, you'll also certainly see some of the amenities also included in this building. At this time, I'd like to introduce Joe Cerrone, president of RDC (Recreational Design and Construction), who will take you through your park. Joe Cerrone: There are three phases to the project. Phase I -- Priscilla A. Thompson (City Clerk): I'm sorry. I need your name for the record. Your -- if you'll say it for me. Thank you. Mr. Cerrone: Yeah. I have no problem. Joe Cerrone, Recreational Design and Construction. Phase I is the wagon wheel of ball fields. It's four ball fields, especially designed to meet the City's needs for different types of play. The center of that hub is a two-story concession, restroom, scorekeeper. There are dugouts, two for each field. There are storage areas at the end of those dugouts for specialties and storage of equipment. There are bleachers for each one of the fields, and there are batting cages in between the free space. This is completely lit with state-of-the-art lighting, and there is parking that supports this facility. Phase II is the Aquatics Complex. We just talked about the ball fields -- Commissioner Allen: Right. Mr. Cerrone: -- the concession. The anticipated start date is right around the corner, May 26, and the project duration is one year, with a cost of $5.9 million, and in the center, this is a handsome rendering of the two-story concession building. It's designed as an open structure on the second floor so that the (UNINTELLIGIBLE) of score keeping. As you can see, the style of architecture is a Key West relaxed atmosphere that will be throughout the park. We have a concession, restrooms, plenty of storage, and electric that will run all the lights for the facility. Phase II is the aquatic complex. There are four bodies of water. The main pool, which will have the large aquatic facil -- the large playground in it that you saw at CB Smith, which is manufactured by New Braunfels General Store. We'll get into that a little later, but there's a lazy river, there's a resort pool, there's a small and large water playground; parking to support that facility, but also bus drop-off because this will be frequented by plenty of day camps and schools throughout the year. The project is anticipated to start August of this year, with a 13-month duration, and a $6.7 million construction. Commissioner Allen: Mr. Chairman, just quickly. Before you move from the aquatic complex, is there a pool -- the configuration of pool, is that an Olympic -sized pool, or -- I didn't -- can City ofMiami Page 161 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 you swim? Was it just -- yeah. I'm just curious. Mr. Cerrone: Yeah. The resort pool, which you see with kind of an odd shape -- Commissioner Allen: Right. Mr. Cerrone: -- that is designed to -- for lap swimming. You can see -- Commissioner Allen: Right. Mr. Cerrone: -- that there are three or four lanes in it. Commissioner Allen: So is it Olympic -sized, if you will? Mr. Cerrone: It is 25 yards, so that -- Commissioner Allen: Twenty-five meters. Mr. Cerrone: Twenty-five yards. Commissioner Allen: Yards, I'm sorry. Mr. Cerrone: Twenty-five yards. Commissioner Allen: All right, thanks. Cary Sanchez -Rea: I'd like to add that in that -- Commissioner Winton: Name. Ms. Sanchez -Rea: -- the free form -- Mary Conway (Director, Capital Improvement Projects & Transportation): State your name. Commissioner Winton: Name. Ms. Sanchez -Rea: I'm sorry. Cary Sanchez -Rea, URS. Regarding that specific pool, Commissioner, that pool also has a zero entry, which meets all of the ADA (Americans with Disabilities Act) requirements. Commissioner Allen: Oh, yeah. Ms. Sanchez -Rea: So it's -- Commissioner Allen: Good. Ms. Sanchez -Rea: -- full range. Commissioner Allen: I'm a swimmer, that's why, so I wanted to know. Mr. Cerrone: Every pool is handicap accessible -- Commissioner Allen: Accessible, right. City ofMiami Page 162 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Mr. Cerrone: -- and I'm sorry that I didn't bring that up -- Commissioner Allen: I'm a swimmer, right. Mr. Cerrone: -- as a point. This is the entry building to the facility that houses the restrooms; men's/women's locker room, janitorial, mechanical; life guard offices, ticket office, and break rooms, and manager's office, and this is -- this will be the main thoroughfare into the water park. It's the controlled access -- Commissioner Allen: It's beautiful. Mr. Cerrone: -- and entrance, and the floor plan showing the bathrooms and the breezeway through -- to the facility. Ms. Sanchez -Rea: This building here also encompasses a full-scale lifeguard facility, and first aid station in the park. Commissioner Allen: This is beautiful. It really is. Mr. Cerrone: It has a separate concession area for prepared foods within the water park, and it also has a family restroom. If you ever brought young children, they have their own separate bathroom where a father can bring a daughter into the restroom; a covered porch for dining, as well, and the floor plan for it. We tried to keep the theme of the architecture consistent throughout the entire park, so it's not a piecemeal. This is the main feature. This is in the large pool. The pool itself is 11,450 square feet. That is the surface area of the pool. It's very large, and the equipment that is in the pool is constructed by NBGS (New Braunfels General Store), International. This is a -- we've come up with a number of themes, and this is the one that seems to be -- everybody enjoyed the most. It's the Atlantis theme. There's water dumps out of buckets. It squirts. It just -- it's really a -- kids love this -- Ms. Sanchez -Rea: There's pirate ships, mega slides. Mr. Cerrone: -- and in the secondary pool, for children five and under, this is another New Braunfels General Store piece, or NGBS [sic], and you can see the ships, and the buckets, horns, and squirting toys, and the third phase is the community recreation center, with associated parking. It's anticipated to start in August of 2006, with a 13-month duration, and a $5.7 million price tag to it. As you can see from the rendering, it's a two-story structure, with the same style architecture as the rest of the park; a casual Key West cracker style, with -- on the second floor -- on the ground floor, there's an entry drive where you can enter undercover, come into the recreation areas on the ground floor; multipurpose rooms. There's a computer lounge, there's arts and crafts, there's aerobic rooms, multipurpose. There's a manager's office, storage, restrooms, and there's also a large catering kitchen on the ground floor, and on the second floor, which happens to overlook the beautiful view of the golf course is a multipurpose room; can be divided into two rooms or serve as one. It can host close to 900 people for an event, or 400 people for a sit-down. It has restrooms, storage, prep area, and that concludes the presentation. If there's any questions or -- Ms. Conway: I would just -- Mary Conway, CIP (Capital Improvement Program) & Transportation. I would like just to add that the handouts that were provided to you have all of the qualifications regarding both RDC and C3TS, who are the designers and contractors for this project. Joe Arriola (City Manager): One more thing that we have not spoken about that I informed Commissioner Gonzalez yesterday, and he did not know -- and this is for you that are kind of City ofMiami Page 163 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 artsy, like the Mayor. We have talked to Homero Brito, and we're looking forward for him to design a special -- whether it's a statute, a mural, the fountain, or something that will be -- Commissioner Winton: Great. Mr. Arriola: -- the entrance to the park. Of course, we need to talk to the Mayor because we would like to get his money from Arts in the Parks to make sure. We couldn't afford a Homero Brito at the entrance there, but I'm sure Commissioner Gonzalez could twist his arm and do this, so this is going to be a real showcase for us one day. Vice Chairman Gonzalez: Great. Thank you very much. Commissioner Winton: And what do we need to do? Chairman Sanchez: All right. Commissioner Winton: We need to do anything? Vice Chairman Gonzalez: It's just a presentation. Chairman Sanchez: It's a discussion. It's a presentation. Thank you very much. Commissioner Winton: Wow. Vice Chairman Gonzalez: Thank you very much. Chairman Sanchez: Appreciate it. Great job. Commissioner Winton: I mean, what an asset to our city. Chairman Sanchez: OK. Commissioner Winton: This is just -- Chairman Sanchez: Heading in the right direction. Commissioner Winton: -- incredible. Huh? Chairman Sanchez: Heading in the right direction. Commissioner Winton: Absolutely. Chairman Sanchez: All right. Mr. Arriola: You know, I -- D1.2 05-00384 DISCUSSION ITEM Office of Strategic DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET Planning, OUTLOOK. Budgeting, and Performance / Department of Finance City ofMiami Page 164 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 DEFERRED A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, to defer Item DI. 2. Chairman Sanchez: OK. We did DI.1, discussion concerning the financial update and budget outlook. Can we go ahead and defer that? Vice Chairman Gonzalez: Yeah. Move to defer. Chairman Sanchez: All right. There's a motion to defer. Commissioner Allen: Second. Chairman Sanchez: Is there a second? Commissioner Winton: Second. Commissioner Allen: Second. Chairman Sanchez: Second. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. It's been deferred. DI.3 05-00385 DISCUSSION ITEM Office of the City Clerk REQUEST FROM MIAMI-DADE COUNTY ELECTIONS DEPARTMENT TO CHANGE THE CITY OF MIAMI'S GENERAL ELECTION DATE. DEFERRED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Allen, and was passed unanimously, to defer Item DI.3 to the Commission meeting currently scheduled for May 26, 2005. Chairman Sanchez: DI.3 is -- Commissioner Winton: We did. Chairman Sanchez: That has -- that's -- what is that, being discussed? Commissioner Winton: Wasn't that the one? Priscilla A. Thompson (City Clerk): That -- Vice Chairman Gonzalez: That's changing the election to -- Commissioner Regalado: Date. Vice Chairman Gonzalez: -- November 1. City ofMiami Page 165 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Winton: Oh, the election. I'm sorry. Ms. Thompson: If I can, Chairman, the Supervisor of Election, Mr. Solas, could not be here today, and he has asked that we please defer this to our next meeting, which would be the May 26 meeting; that will still give us the -- time enough to process all -- Chairman Sanchez: Is there a motion -- Ms. Thompson: -- the legislation necessary. Chairman Sanchez: -- to defer the item to -- Vice Chairman Gonzalez: Defer -- Chairman Sanchez: -- the next meeting? Vice Chairman Gonzalez: -- DI.3. Commissioner Regalado: Second. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez, and there is a second -- Commissioner Allen: Second. Chairman Sanchez: -- by Commissioner Allen. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 166 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 NON -AGENDA ITEMS NA.1 05-00468 DISCUSSION ITEM PRESENTATION OF PLAQUE TO CITY OF MIAMI IN RECOGNITION OF NATIONAL TOURIST WEEK BY WILLIAM TALBERT, PRESIDENT OF GREATER MIAMI CONVENTION AND VISITORS BUREAU. DISCUSSED Chairman Sanchez: -- get to Bill Talbert, the Greater Miami Visitors and Conventions Bureau is here; we'll get you out of here quick. Let's see if we can move along in the agenda and try to catch up. All right, Bill, you're recognized. Commissioner Regalado: Where's Bill? William Talbert: Thank you very much, Mr. Chair, Mr. Vice Chair, Mr. City Administrator, Commissioners. This week is National Tourism Week. We're here to celebrate with you. Tourism is your number one industry, travel and tourism. In 2004, tourism reached record levels, almost 11 million overnight visitors. I can tell you that 26 percent of all of the visitors to Miami stayed here in the City ofMiami. As you know, in the last few years, a number of wonderful, new hotel -- hotels have been open in the city that's helping us attract a different level of customer. With that said, we've had great success in the past year. I can tell you that, for the first quarter of 2005, we've raised the bar again. We're number two in the nation in hotel occupancy; we're number two in the nation in terms of hotel average daily rate. Commissioner Winton: Behind whom? Mr. Talbert: Pardon me? Commissioner Winton: Behind whom? Mr. Talbert: New York. Commissioner Winton: New York, on both? Mr. Talbert: And then Hawaii, we kind of play jockey with Hawaii and New York, but in -- throughout the year, in the top five. We've had the second highest percentage increase in hotel occupancy for the first quarter for the top 25 destinations in the country. Let me talk about the partnership we have with the City ofMiami. I can tell you, this past year, in partnership with the City, we produced what's known as the "Black Book." I didn't know what the Black Book was before, but it is the Bible for the entertainment industry, the location bible for the entertainment industry. It was a partnership between the Bureau, the City, and our other two municipal partners. I can tell you, it has a beautiful progressive CD-ROM in the back, and we'll pass it around, and this document just got an award from the international group that rates these kinds of documents as the number one such document in the world, and that's bringing us more business, but it shows what partnerships will do. This is the first time all of the film entertainment offices have come together on a common page, with a common product, and the Bureau was pleased to provide the leadership to get that to happen. Let me tell you also the great success we've had in booking conventions. We had arguably the best year we've had in booking conventions in many ways in 2004. As a result of your new Performing Arts Center that will open soon, we were able to book the American Choral Directors for March of 2008; $9 million piece of business, 15,000 room nights. We also have another group that will use that Performing Arts Center in July, summer of 2008, $6.2 million, so we've got over $15 million of business will come in from two meetings in the summer, or the shoulder season, in City ofMiami Page 167 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 your city as a result of a new facility. It's all about infrastructure. I just come back from TIA, Travel Industry Association of America's powwow, the largest trade show for tourism in the country. We will host that here in 2009. We will have had it three times in the past 15 years, and I can tell you, the world cannot get enough ofMiami. Our booth was the most active booth on the floor, but it's all about sales; it's all about marketing; it's all about product. We commend the leadership here at the City for taking the City to the next level, both the -- both on the elected side, on the administrative side. We're thrilled to be your partner. We are located at 701 Brickell here in the city. I actually happen to live in the city and love the city, and we work very hard. We work in Coconut Grove and work in all the neighborhoods. We actually have another document you may have seen, which is called Miami: A Sense of Place, which as -- you know, we all know the glitz and the glitter, and you have your new entertainment district, but with that said, we all know, you all know that Miami has rich, rich neighborhoods. We are promoting those; we are selling them, and the marketplace is responding. I think that concludes my presentation. We have a plaque to present to the City, the Mayor, the Chair, Vice Chair, and the City Administrator, commemorating National Tourism Week. Tourism, remember, is your number one industry; it always was, it always will be, and there's beautiful new products, whether they be the Ritz Carlton, or the Four Seasons, or the Conrad, or the Mandarin, some of the finest hotel product in the entire world is located here. With that said, that's part of the reason the vibe we have in this community that, for the second time, we've been able to -- in a partnership with the City and our other partners -- attract the MTV (Music Television) Video Music Awards here August 28, for the second time; the second time ever outside of New York and L.A. (Los Angeles). We now talk about Miami, New York, L.A.; this triangle of great cities in this country as part of great cities in the world. We're glad to be your partner. We sell for you everyday. We have marketing reps in -- around the world, in Europe, in South America, in the U.S. (United States), Canada, Mexico. You've got great product;; service levels are getting better. It's certainly -- I've been here 35 years. It's a whole lot easier to sell today than it was five years ago, but with that said, the competition is getting stronger. We're getting better, but whether it's San Juan, Puerto Rico, or Las Vegas, New York, London, Paris, you know, we are now, I believe sincerely, we're on that bottom rung of world -class cities in the world, with London, with Paris, with Tokyo, with Sydney, with New York; Miami is right in there, and for us to get into the middle rungs of that world -class city, it's about partnerships, about keeping product, infrastructure, and service. With that, that's my presentation. I hope I haven't gone too long. Chairman Sanchez: Any questions? Commissioner Allen: Yeah. Yeah, Bill -- Mr. Talbert: Yes, Commissioner. Commissioner Allen: -- you said something very operative that, you know, obviously we have the MTV Awards here. What kind of assurance can you give us that, when these individuals come, that they're staying in City ofMiami hotels, as opposed to South Beach hotels? What's -- do we have a hotel capacity now, and that sort of thing? Mr. Talbert: Well -- Commissioner Allen: What's that issue? Mr. Talbert: -- I can tell you that we -- we're customer -driven. Our first job is to get these events here. Commissioner Allen: Right. City ofMiami Page 168 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Mr. Talbert: I can tell you, it's at the Triple A, so the bulk of the hotels are here in the City, but the customer has no idea of where they are. They are in Miami. They may be in Miami Beach. Commissioner Allen: Right. Mr. Talbert: They may be in Coral Gables, but they are in Miami, so when they're in Miami, that's good for all of us. The good news is, as a result of -- you couldn't say this five years ago, six years ago -- because of the hotel product I just mentioned, the shows like the MTV Video Music Awards, and for a matter of fact, Art Basel -- Art Basel is -- that show -- that world -class show in December comes out of the Miami Beach Convention Center, but because of the kind of hotel product you get here, you get your fair share of that business, so we sell the word "Miami." We've -- we're kind of the keeper of the keys of the brand. We've gotten beat up from time to time. I have personally, but that word "Miami" is what we sell. The customer has no idea where they are. They -- as far as they're concerned, they're in Miami. They're spending money, and let me give you the last number; I should always lead with this. Tourists spent $11 billion in our community last year, 11 billion; virtually, a billion dollars a month. They also supported almost 130, 000 full-time jobs, good jobs, all up and down the economic level of jobs, and those are elastic; they have benefits, and we know from our tracking those jobs are in every single ZIP code in your city, every single ZIP code, and -- but the customer comes to Miami first, and because of your product, you get a fair share of that, and we compliment you, too, for the new entertainment district and the new arts districts. That helps us book these new conventions, these new events, and I hope that answers your question. Commissioner Allen: Sure. Chairman Sanchez: Commissioner Allen, does that -- Commissioner Allen: Yes. Chairman Sanchez: Commissioner Regalado. Mr. Talbert: Yes, Commissioner. Yes, sir. Commissioner Regalado: Bill, congratulations. I've seen the numbers, and you guys are doing extraordinary work. There is one problem, though, and if there is somebody who can try to fix it, it's you, through the Bureau. There have been many, many complaints about the way that TSA (Transportation Security Administration) is working in Miami International Airport, and this is not a national trend. I've seen reports of other airports where -- when, you know, they do the same stories, that TSA is working much better in other airports, the delays and the hassle for tourists, especially from Europe, and as you know, everybody from Europe wants to come now here because of the euro and the dollar, so who do you talk to? I mean, you, through the Bureau, can approach the administration at Washington? Mr. Talbert: Yes. Commissioner Regalado: Because I think, you know -- I went on a quick trip; it's a nightmare. American citizens, they can easily go in, but for tourists, it's a nightmare. Mr. Talbert: Commissioner, in fact, I just came from a meeting with Peter Dolara, American Airlines, on that very issue. I was in Washington on this issue two weeks ago at a tourism summit, which, in part, focused in on that issue, really under the umbrella of the U.S. Chamber of Commerce, probably one of the most powerful business groups in the country. We're working with the governor and with our legislative delegation. It's a particular problem in the City ofMiami Page 169 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 gateway cities, Miami, New York, L.A., and we're working with those partners on the -- now the Chair -elect of our International Association of (UNINTELLIGIBLE), which gives us a little more prominent level, but we are working on that problem. Every week -- we had a meeting just this week with our airport. We also are going to undertake a study for the first time to get behind that -- this, with TaxWatch of Florida, to get behind what it -- what are the particular problems, what are the delays, and furthermore, what is it costing our community. What is there -- but we're working on that problem. I probably spend more time on that issue, as you well state -- 50 percent of our customer base is international. Commissioner Regalado: Of course. Mr. Talbert: The highest percentage of any city in the United States, by far. Commissioner Regalado: I'm telling you, Bill, I heard people once saying, I'm not coming here anymore, " because of the hassle with TSA at the airport, so I mean, if anybody can do it, it's you, because there's nothing we can do about it here, although we live off the tourists, you know. The other issue, very briefly, Los Angeles has this stars tours. It seems to me that we are already getting to a par -- just -- Matt Damon just bought a house; Billy Joel just bought a house, and -- but I have not -- I'm not sure if the Bureau has a directory of stars in the City of Miami, where we have many, and Miami Beach. Mr. Talbert: Well, we worked with Paul George on a number of these. We have what's called "pub crawls," and you know, we're known for "City of Bling, " and that's why we have -- MTV is here because the stars are here, you know. They live here, and it kind of changes that's -- L.A. has a new program focusing in on their stars. We like to focus in on the full balance of what we have here; we have neighborhoods; we have culture. We have things no other place has, but I think our brand is known for star power, whether it's Shaquille O'Neal -- I was in New York last week. In Manhattan, the side of a building painted with number three; had no words, had a little company name on it; the whole side of a building "Heat 3, " on -- who is number three? Chairman Sanchez: Wade. Commissioner Winton: Dwayne Wade. Mr. Talbert: Thank you very much. It didn't have Dwayne Wade's name on it, but it had Heat, Miami Heat; that's the brand that we have, the strong brand that transcends what's happening anywhere in the country. I can tell you, there's a publication called the Elite Traveler. When we were in New York three weeks ago for one of our missions, I had an opportunity to be with the editor of Elite Traveler. You say, I've never seen it. You won't see it; it only goes on private jets. It only goes in the top spas in the world, and I did not know it, but they had -- they publish every two months -- by the way, the cover price is $35 -- every week, every month, their issue has Miami, New York, L.A., what's happening in those cities, not New York, L.A. If you want to know that you're a member on that bottom rung of the top cities, Elite Traveler. Can you imagine, five years ago, Elite Traveler doing that? You know, I would hope that -- but that would never have happened. That's how far the brand, the overall brand has come. Elite Traveler, only in private jets, and the highest of high -end places, Miami, New York, and L.A. Now, the bottom line is we need to keep selling. They're getting better; we need to get better, too, but it's by working together. The partnerships that produced this, the partnerships that produced this, keeping your Bureau properly funded, and you know, we work very hard selling 24 hours a day, around the world, bringing these major events. I didn't mention it, but Meeting Professionals International is going to be here this summer in July. Say, oh, what's Meeting Professionals International? It's 3,000 of the top meeting planners in the world. Now, they're going to be here. Now, we're kind of connecting the dots, and we booked this a few years back. City ofMiami Page 170 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 That happens to be during hurricane season. What a nice opportunity to sell future business when they're here, and say, you know, this place is great. When MTV booked, the head of that show said, quoted, I believe, in the Miami Herald, you know, weather is just one factor we consider. San Francisco could have an earthquake; New York could have a power outage. It's just one factor. They booked a live show here, August 29, during hurricane season, and that's how strong the brand is. That's how strong Miami is, so hope I haven't gone on too long on those issues, but we're available. I hope you get my weekly newsletter. It tells you all the things -- we've got journalists coming in every week taking -- around your community. We've got events here every week. We've got meeting planners here every week. I think most of you have my cell phone. It's listed on my signature there. We're available 24 hours a day. We have a terrific team of the best convention salesperson in the United States, Ita Moriarty. I think most of you know David Whitaker, our marketing guru, who's all over town, and we enjoy more today selling our great community than ever, and we try and get better everyday, too. We don't rest on our laurels because we're very much into the Internet, electronic. We have a whole new website, eCommerce, adding new staff because upwards to 40 percent of travel today is booked on the Internet, almost 40 percent, so the way we sell is much different today than how we used to sell. Chairman Sanchez: Bill, let me praise the CVB (Convention and Visitors Bureau) on the job you've done. I mean, the numbers speak for themselves, but as Miami, the entire city, continues to move forward, and you're certainly seeing areas that are being revitalized, and they're coming to par as to -- everybody wants to tap into that $11 billion revenue, and you have areas, such as Little Havana, Allapattah, 20th Street, Overtown now that's really, you know, starting to come alive with the theater there, and some other certain areas in the community that would really want to tap into that. I just -- in the future, I'd like to know what you're doing to try to -- you know, they're coming, but how do we get them to go to places that they may not have an opportunity, one, to either be introduced to and lured to, to bring that -- spread the wealth throughout the city, because as you state, they come down and they may stay in Coral Gables, or Miami Beach, or North Miami Beach, and it's Miami, but what is it that we're doing to try to promote the entire city itself? Mr. Talbert: It -- in terms of the City, in particular, once again, this document here has all of the neighborhoods; this is Miami: A Sense of Place. Probably no other convention bureau in the United States has a document like this about the rich neighborhoods. We bring journalists here. We bring meeting planners here. We take them into those neighborhoods because they know a lot of these other places, but what's particularly interesting to the journalist and the meeting planner is what's new. Tell me what's new -- Chairman Sanchez: Yeah, what's new and what's hip. Mr. Talbert: -- what's different. What's different, and that's why, especially what's happening here in the City, featured here in this document, Miami: A Sense of Place, and we very much do that, and once again, we're, you know, consumer -driven, but thank goodness it's growing, it's fresher, and the diversity, as we all well know, what makes this place special is the diversity. There's no other city in the United States, none as diverse as Miami, and we sell that diversity, and that's why customers are coming here. Chairman Sanchez: And we do have a great product to sell, that is true. Mr. Talbert: Absolutely. Chairman Sanchez: Thank you so much, Bill. Appreciate it. Keep up the good work. Mr. Talbert: Thank you. I'm going to present you with the plaque. City ofMiami Page 171 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: Well make sure the Mayor gets it. Thank you so much. Thank you. NA.2 05-00465 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING OF JULY 2005, ORIGINALLY SCHEDULED FOR JULY 14, 2005, TO TAKE PLACE ON JULY 7, 2005. 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-05-0318 Chairman Sanchez: Three Commissioners on the dais. Before we go to PA.1, which is the streetcar -- City ofMiami Streetcar Feasibility Study, I will be asking that the Commission meeting for July, which is the first meeting in July on the 14th, I will be out of town on a business trip. Is there any way that we could change it to July -- I mean, July 7; is it OK with you, Commissioner Regalado? Commissioner Regalado: Oh, fine by me. Chairman Sanchez: Commissioner Gonzalez, is it OK with you? Vice Chairman Gonzalez: No problem. Chairman Sanchez: Then what we'll do is for -- Commissioner Regalado: Do it quick before anybody else come. Chairman Sanchez: No. I do want to make sure that everybody's on board on this. It just brings the Commission meeting one week earlier to the 7th, instead of the 14th, but I just wanted to put it on the record, and then we'll ask the other two Commissioners if it's OK with them. Chairman Sanchez: OK. Before we move on, I think that we -- all the Commissioners have looked at their calendar, and I am requesting that the July 14 Commission meeting be moved to the 7th. Commissioner Regalado: I'll move the new date for City Commission meeting in July. Chairman Sanchez: We're moving the July 14 meeting to July 7. We're just moving it a week earlier, if it's OK with everybody. If not, there's a motion by Commissioner Regalado. Is there a second? Vice Chairman Gonzalez: Second. Commissioner Winton: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez, for the purpose of discussion. Hearing no discussion, all in favor, say "aye." City ofMiami Page 172 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, so the July 14 meeting has been moved to the 7th. NA.3 05-00472 DISCUSSION ITEM Discussion concerning South Florida Workforce Board. MOTION A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, to support Miami -Dade County taking over the South Florida Workforce Board, with the proviso that the City ofMiami lobby the Florida Legislature to set up its own Service Delivery Area. Chairman Sanchez: All right. Commissioner Regalado: Mr. Chairman -- Barbara Gomez -Rodriguez (Director, Department of Community Development): Thank you. Commissioner Regalado: -- before Barbara leaves, just one comment. It has to do with Workforce. They -- I think they're going to do it again. They're about to close two one stop centers; all Hispanics, one in Coral Way and 98th; the other one closer in the West Miami area. They are going to have a bid for the only one stop center in the Hispanic area in the City ofMiami. Commissioner Winton: That's amazing. Commissioner Regalado: Southwest 8th Street and 27th Avenue. I mean, something is going on there, and they just -- they say that they're going to consolidate all the Hispanic centers on that 27th Avenue, and they're going to shift the burden of Westchester and South Dade on Little Havana. I think, you know, that we've been taking hits from South Florida Workforce for years and years and years, and I just don't know what to say. Commissioner Winton: You know what I heard just now. Jason told me that their plan is to consolidate, and we may end up with three countywide. Commissioner Regalado: Yeah, that's -- Commissioner Winton: Now, that is -- Commissioner Regalado: --- what they want to do. Commissioner Winton: -- asinine. Commissioner Regalado: That is -- Ms. Gomez -Rodriguez: It's -- Commissioner Regalado: -- want to do. Ms. Gomez -Rodriguez: You know -- and I'll have David Rosemond, which is representing the City ofMiami, in the consortium, to explain. We did get some complaints about it. We have City ofMiami Page 173 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 heard also that there is a movement for the County to take over the consortium, and they become, you know, the whole thing. Commissioner Winton: Well, I would like to introduce another resolution, and that resolution is to -- kind of two parts, I think. One, to support the County takeover of this whole Workforce thing. Ms. Gomez -Rodriguez: The administration. Commissioner Winton: I'm sorry? Ms. Gomez -Rodriguez: The administration? Commissioner Winton: Yes. Ms. Gomez -Rodriguez: OK. Commissioner Winton: However, with the additional proviso that we work with the Florida Legislature to carve the City out separately, since we're the primary -- we have the base that generates the majority of the funds for this whole Workforce Development thing, and that we instruct our lobbyists and staff to begin working with our friends in the Florida Legislature to carve the City ofMiami out so we can set up our own workforce housing program. You all know how hard we tried to get -- we got all these volunteers to go to work in the development community to try to get needy citizens in the City ofMiami hired. Y'all heard me talk about it. Commissioner Allen was in on a series of these meetings -- Commissioner Allen: Yes. Commissioner Winton: -- and it took over a year to get something so simple as to hire two damn people. Ms. Gomez -Rodriguez: And we're paying for it. Commissioner Winton: And we're paying for it. Ms. Gomez -Rodriguez: Through June 3. Commissioner Winton: It's just mind -boggling to me that it took a year -- over a year to get that done. It's a crime, and it's awful, and they've cost us, our citizens, a lot of money through job creation, and I'm done with those folks, and I think that we ought to have a carve -out of the funding mechanism that comes directly to the City ofMiami, and we will decide at the end of the day whether we want to link up with the County or not, if they take over the overall administration of Workforce Housing, so that's my resolution. Commissioner Regalado: I'll second the motion. Chairman Sanchez: All right. Commissioner Regalado: Then there is -- Chairman Sanchez: There's a motion and a second. For the purpose of discussion, Commissioner Regalado. Ms. Gomez -Rodriguez: Make sure that -- City ofMiami Page 174 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Regalado: Then there is -- Ms. Gomez -Rodriguez: -- the resolution states that you want to become an SDA, a service delivery area. Commissioner Winton: Yes, I want to become an RD2D2, what was that? Ms. Gomez -Rodriguez: The service delivery area. That's how they -- Commissioner Winton: Got it. Ms. Gomez -Rodriguez: -- divide it. Commissioner Regalado: And then there is the issue of the audit. I think that there is 10 millions that have just disappeared from the budget. Commissioner Winton: Wow. Commissioner Regalado: Ten million. Commissioner Winton: Are you kidding me? Commissioner Regalado: No, no, I'm not kidding. I'm telling you, I'm in the business of information. I can tell you that that is going to blow, but -- Commissioner Winton: Where's Mike Vasquez? Commissioner Regalado: Well, he's there. He -- Commissioner Winton: He's in the restroom again. Commissioner Regalado: He'll find out, but you know, what I think -- Chairman Sanchez: Let's go. Commissioner Regalado: -- is that regardless of the audit, regardless of what we do in the legislation, we cannot allow that they shift the burden of all the South Dade One Stop Centers on Southwest 8th Street and 27th Avenue -- that's not fair -- with the same people, and besides, to me, the ultimate goal is to kick Youth Co -Op out of that project and put it to bid for someone in Broward County to operate those centers, but that's a conspiracy theory, and it usually works when I say it, but -- I just want to make you guys aware and the Administration that there is a lot of problem with that, and the City ofMiami is, again, going to be hurt. Chairman Sanchez: I tend to agree with you. All right. There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." NA.4 05-00464 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE NON -BINDING City ofMiami Page 175 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 MEMORANDUM OF UNDERSTANDING, BETWEEN THE CITY OF MIAMI, MIAMI-DADE COUNTY ("COUNTY") AND THE FLORIDA MARLINS, L.P. DATED MARCH 1, 2005, 2005 ("MOU"), APPROVED BY THE CITY COMMISSION ON FEBRUARY 24, 2005, PURSUANT TO RESOLUTION NO. 05-0127, TO: (1) EXPRESS THE PARTIES' CONTINUING JOINT EFFORTS TO DESIGN, DEVELOP, CONSTRUCT AND OPERATE A MAJOR LEAGUE BASEBALL FACILITY AND RELATED PARKING FACILITIES ADJACENT TO THE ORANGE BOWL STADIUM AND THE PARTIES' DESIRE TO AUTHORIZE THE COUNTY TO UNDERTAKE PRELIMINARY STEPS TO COMMENCE THE EMINENT DOMAIN PROCESSES NECESSARY TO FURTHER THE PURPOSES OF THE MOU; AND (2) DELETE THE AUTOMATIC TERMINATION PROVISION IF THE STATE OF FLORIDA FAILS TO APPROVE THE STATE SALES TAX REBATE BY MAY 2, 2005; WITH SAID AMENDMENT TO BE SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY. Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0305 Chairman Sanchez: At this time, we'll yield to Vice Chairman Gonzalez, and then we'll go to the BC, the Board and -- Vice Chairman Gonzalez: Thank you, Mr. Chairman. Chairman Sanchez: -- Committees. Vice Chairman Gonzalez: I just have a discussion item here. I would like the City Manager to give us an update on what is going on with the ball park project. Joe Arriola (City Manager): Yes. Vice Chairman Gonzalez: Because we're hearing a lot of rumors on the media, and the papers, and the radio, so what do we have? Mr. Arriola: Well, a lot of what you've heard is true, and a lot of it is not true. Basically, the project is -- we have received call from some legislators and from Governor Bush. There is a possibility that this could go to the Special Session that is going to be part of the slot machine, or Medicare/Medicaid,; we don't know. He looks -- he's going to support it. What I would kind of like to see you guys do is give us the -- you know, that we have that MOU (Memorandum of Understanding) that has expired. Vice Chairman Gonzalez: I was going to address that, too. I understand that it was supposed to expire after -- Arriola: It's expired now. Vice Chairman Gonzalez: -- the legislature. Mr. Arriola: It's expired, so it would -- I think it would be good of you, Commissioner, if you City ofMiami Page 176 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 could suggest that maybe would expand that -- I mean, extend -- give me time to extend the MOU so that I will still be within the governance, and that way I could still work on -- with the County and the State for as long as we have to, so if you could at least give me -- Vice Chairman Gonzalez: Mr. Chairman, I would like to make -- Mr. Arriola: -- extend that for a couple months. Vice Chairman Gonzalez: -- a motion to delete the automatic termination and provision of the MOU. Commissioner Allen: Right, and extend for a -- Commissioner Winton: Second. Commissioner Allen: -- indefinite time. Chairman Sanchez: No, no, no, no, wait a minute, wait a minute. Whoa. Vice Chairman Gonzalez: Extend it -- Mr. Arriola: No, no, 60 days would be fine. Commissioner Allen: Sixty. Vice Chairman Gonzalez: Extend it for 60 days. Commissioner Allen: OK. Vice Chairman Gonzalez: We should have -- Chairman Sanchez: OK. The -- there's a motion to extend the Memorandum of Understanding with the County and the Florida Marlins for an additional 60 days? Mr. Arriola: Sixty, ninety days will be fine. I mean, you know, what -- if it doesn't happen in the next ninety days -- if you want to make it ninety days, it's fine. Chairman Sanchez: All right. Why don't we -- Vice Chairman Gonzalez: Well, let's do it for 90 days. Chairman Sanchez: -- do something. Let's do it for 90 days. Commissioner Allen: Ninety. Mr. Arriola: Yeah, yeah, that'll be fine. Vice Chairman Gonzalez: Ninety days. Chairman Sanchez: All right. There's a motion to extend the MOU between the County and the Florida Marlins for -- Vice Chairman Gonzalez: And the City. City ofMiami Page 177 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: -- 90 days. Commissioner Allen: And the City. Chairman Sanchez: Not to exceed 90 days. Mr. Arriola: OK. Commissioner Allen: Right. Chairman Sanchez: And the City. Commissioner Allen: Right. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. It is open for discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and the MOU has been extended for 90 days. Mr. Arriola: Thank you, and I think that this kind of puts a little -- oh, thank you, Commissioner Gonzalez, because this puts a little life on something that people think is dead, and we're -- Chairman Sanchez: All right. Let's -- Mr. Arriola: -- we're going to continue fighting it. NA.5 05-00466 DISCUSSION ITEM Direction to the City Clerk by Commissioner Regalado to obtain a copy of the study done by University of Miami Law Professor Martha Mahoney related to irregularities found in the handling of the November 2004 election and provide a copy of same to the members of the City Commission prior to Miami -Dade County Supervisor of Elections Lester Sola's appearance before the Commission scheduled for May 26, 2005. DISCUSSED Commissioner Regalado: I have a pocket item. Chairman Sanchez: Pocket items. We'll go into pocket items at this time, and we'll start with District 1, who -- any pocket items on District 1 ? Vice Chairman Gonzalez: No pocket items. Chairman Sanchez: OK, no pocket items on District 1. District 2. Commissioner Winton: None. City ofMiami Page 178 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: District 3 is me, and I'll be the Chair. I'll be the last. District 4. Commissioner Regalado: One pocket item, and one comment when Mr. Sola is here. You know, before he comes here, please get in touch with Professor Martha Mahoney, law professor of the University ofMiami School of Law. She just finished a comprehensive study on elections of last November, and what she found is horrible, in terms of irregularities with the signatures and the votes, and many of these irregularities were in the City ofMiami. I think that the Commissioners and the Manager and the Mayor should be aware of this. It's really serious what they found, and -- I mean, it's worth reading that report, because in one instance -- I mean, you have 800 signatures and 1,000 vote. How do you figure that one? And in one you have 600 signatures and 300 votes, so something is very wrong with this system, and they know about it, but he should tell us because, you know, these irregularities can swing an election either way; you know, whatever election, and it's really scary. NA.6 05-00461 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $3,000, TO CO-SPONSOR THE CORAL WAY ARTS FESTIVAL ON MAY 21, 2005; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. 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-05-0303 Commissioner Regalado: The pocket item, Mr. Chairman, is a resolution of the Miami City Commission authorizing the allocation of funds in an amount not to exceed $3, 000 to the Coral Way Art Festival; allocating funds from the District 4 Special Events nondepartmental account code number blah, blah. That's -- Commissioner Winton: Second, second. Commissioner Regalado: -- the motion. Chairman Sanchez: OK. There's a motion and a second. Vice Chairman Gonzalez: Second. Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Any other pocket items? Commissioner Winton: I'd like to ask a question. What is that, Tomas? Commissioner Regalado: What is that? Commissioner Winton: The -- you said the Coral Way Arts Festival? City ofMiami Page 179 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Regalado: Oh, yeah. It's -- Commissioner Winton: Tell us about it. Commissioner Regalado: -- a two -- a bimonthly festival that used to meet on Coral Way and 22nd; now it meets on the bank, on the rotunda of the bank on Coral Way and 32nd. It's a whole day of art exhibits, music -- Commissioner Winton: Wow. Commissioner Regalado: You know, people like vendors with food. Actually, Coral Way is not -- the street is not closed, but the street next to it, 31 stAvenue, is closed, and it's not like Cultural Fridays, but the last time it was held, about 1,000 to 2,000 person went by. Commissioner Winton: Wow. Chairman Sanchez: They're very successful. Commissioner Winton: That's good to know. Chairman Sanchez: All right. Commissioner Regalado: It's very good. NA.7 05-00459 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DONATING IN -KIND SERVICES, IN A TOTAL AMOUNT NOT TO EXCEED $2,126, WITH AN AMOUNT NOT TO EXCEED $774 FOR THE WAIVER OF THE CITY OF MIAMI ("CITY") DEPARTMENT OF POLICE'S ADMINISTRATIVE SURCHARGE, AN AMOUNT NOT TO EXCEED $352, FOR THE CITY'S DEPARTMENT OF SOLID WASTE FEES, AND AN AMOUNT NOT TO EXCEED $1,000, FOR THE LAND USE PERMIT, PROVIDING SUPPORT FOR THE "MAKE IT HOT CELEBRITY WEEKEND," HOSTED BY THE STARKS FOUNDATION, INC., TO BE HELD ON SUNDAY, MAY 22, 2005, FROM 11:00 A.M. TO 7:30 P.M. AT THE VIRGINIA KEY MARINA (EAST PARKING LOT); ALLOCATING FUNDS FROM THE DISTRICT 5 ROLLOVER ACCOUNT NO. 001000.920922.6.930. Motion by Commissioner Allen, 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-05-0304 Chairman Sanchez: Any other pocket items? If not, I think I have the last pocket item, and as you know -- Commissioner Allen: Yeah, I have one. Chairman Sanchez: Oh, I'm sorry. City ofMiami Page 180 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Commissioner Allen: Yeah, it's a quick pocket item, Mr. Chairman. This is a resolution of the Miami City Commission donating in -kind services, in a total amount not to exceed $2,126, with an amount not to exceed $774 for the waiver of the City ofMiami Department of Police Administrative Surcharge, in an amount not to exceed $352, for the City's Department of Solid Waste fees, and an amount not to exceed $1, 000 for the land use permit, providing support for the "Make it Hot Celebrity Weekend, " hosted by the Starks Foundation, Incorporated, to be held on Sunday, May 22, 2005, from 11:00 a.m. to 7:30 p. m. at the Virginia Key Marina; allocating funds from the District 5 rollover account. These individuals, professional football player from the Overtown area, his dad, they're very significant in Overtown community, so this is the purpose he puts on -- Vice Chairman Gonzalez: Second. Commissioner Allen: -- a function every year. Chairman Sanchez: All right. Commissioner Winton: Yeah. Chairman Sanchez: There's a second. 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. NA.8 05-00467 DISCUSSION ITEM A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, supporting the creation of a task force by the Chairman of the City Commission to include seven members of the community with a knowledge of veterans' affairs, law, real estate development, lending and other skills that would empower the task force to create an affordable homeownership program for returning US armed forces veterans and make recommendations regarding same by September 11, 2005. MOTION Chairman Sanchez: Any other pocket item? If not, I have one pocket item. As you know, on September 11, 201 [sic], this nation suffered a horrible attack, and was thrust into the war on terror. Our men and women of various branches of the armed forces have been on duty fighting terrorism ever since. Tens of thousands of these soldiers are overseas sacrificing themselves for this great country of theirs, where they serve a four-year tour, or they're members of the reserve, active reserve. Some of the first generation of these great Americans are being -- beginning to come home, and a lot of them are starting to come back home to Miami. They are coming back to a City that is much better than the ones that they left, but they are returning to a red hot real estate market that has doubled the cost of housing. As a veteran of the U.S. Army Reserve, I know that those returning heroes will be coming home with precious little military pay to buy into the American Dream. That is why I'm making a motion today to create a Chairman's Task Force on affordable housing for returning veterans. Once we pass this motion today, I will return at the next regular meeting with the names of several good people who will volunteer to create a program to offer affordable housing to returning veterans and those who will be returning -- Vice Chairman Gonzalez: Second the motion. City ofMiami Page 181 Printed on 8/14/2007 City Commission Meeting Minutes May 12, 2005 Chairman Sanchez: -- whether it's through below -market sale prices, special mortgages, enhanced saving account, or other initiatives, this task force will come up with a plan for servicemen and women who fought on the war on terror and want to come back home to become homeowners in the City ofMiami. Those volunteers with expertise in veteran affair, laws, real estate development, lending institution, and knowledge of affordable housing skills will make their report no later than September 11, 205 [sic] to this legislative body, and the pocket item reads as follows: A motion of the City ofMiami Commission supporting the creation of a task force by the Chairman to include seven members of the community with a knowledge of veterans' affairs, law, real estate development, lending and other skills that would empower the task force to create an affordable homeownership program to returning US armed forces veterans. So move. Vice Chairman Gonzalez: Second. Commissioner Allen: Second. Commissioner Regalado: Second. Chairman Sanchez: Well, I can't Chair, so -- Commissioner Winton: Yeah, on behalf of the Chair, I move the motion. Chairman Sanchez: There you -- Commissioner Allen: Second. Chairman Sanchez: There's a motion and a second. 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." Thank you so much. Commissioner Allen: Make a motion to adjourn, Mr. Chairman. Chairman Sanchez: That motion is always in order. Commissioner Allen: Thank you. Chairman Sanchez: There's a motion and a second. Commissioner Allen: Second. Commissioner Winton: I might make that motion -- Chairman Sanchez: The meeting is adjourned. Commissioner Winton: -- for 9:30 next time. Chairman Sanchez: Thank you so much. We went through a voluminous agenda, but we did very well. City ofMiami Page 182 Printed on 8/14/2007