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HomeMy WebLinkAboutCC 2005-09-08 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Meeting Minutes Thursday, September 8, 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 September 8, 2005 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCES SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS City of Miami Page 2 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 The minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "FLater..1" refers to discussions that were interrupted and later continued. 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez, Commissioner Regalado and Commissioner Allen On the 8th day of September 2005, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Joe Sanchez at 9: 37 a.m., with Commissioner Allen absent and coming in at 9: 40 a.m., recessed at 12: 38 p.m., reconvened at 3:13 p. m. , recessed at 3: 58, reconvened at 5:16 p.m., recessed at 8: 27 p.m., reconvened at 10:15 a.m. on Friday, September 9, 2005, and adjourned at 10: 45 a.m. ALSO PRESENT: Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk Chairman Sanchez: September 8, 2005, here at City Hall, 3500 Pan American Drive. Like to take this opportunity -- anyone engaging in lobbying activity before City staff, board, or committee of the City of Miami must register as a lobbyist. We also ask you, if you want to obtain a copy of the agenda five clays prior to the Commission meeting, you could obtain one from the court's [sic] office. Any person making slanderous remarks will be respectfully asked to leave. We do have, I believe, a light agenda today. We should be out of here, hopefully, by 5:30, if everything goes accordingly as planned, but at this time, I would like you to please stand up and join us in an invocation and the pledge of allegiance. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 05-00964 CEREMONIAL ITEM Name of Honoree Presenter Protocol Item Christina Abrams Mayor Diaz Commendation International Association of Firefighters Week Mayor Diaz Proclamation City of Miami Purchasing Department Glenn Marcos Mike Rath Maria Abijalil Sara Gonzalez Pam Burns Deborah Buchanan -Dixon Adolphus Fifer Maritza Suarez Melba Thomas Ramon Berges Joyann Major Stephanie Jones Aimee Gandarilla Terry Byrnes Anita Moore Scott Dempster Yusbel Gonzalez Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit City of Miami Page 3 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 MAYORAL VETOES Uniroyal Soccer Program Commissioner Gonzalez Commendation Suited for Success Tie Drive Kick Off 05-00964 Cover Page.pdf 05-00964 Protocol List.pdf Mayor Diaz & Commissioners Mayor Diaz and the Commissioners presented a Commendation to Christina Abrams for her exceptional tenure with the City of Miami. Mayor Diaz presented Certificates of Merit to 17 employees in the City of Miami Purchasing Department for receiving the 2005 Achievement in Excellence of Procurement Aware, one of ten departments in the country to receive said award Certificates were presented to the following employees: Glenn Marcos, Mike Rath Maria Aijalil, Sara Gonzalez, Pam Burns, Deborah Buchanan -Dixon, Adolphus Fifer, Martiza Suarez, Melba Thomas, Ramon Berges, Joyann Major, Stephanie Jones, Aimee Gandarilla, Terre Byrnes, Anita Morre, Scott Dempster, and Yusbel Gonzalez. Commissioner Gonzalez presented a Commendation and a Salute to the Uniroyal Youth Soccer Program, sponsors of inner-city youth soccer programs, for demonstrating committment to healthy sports competition in the City of Miami. Commissioner Winton presented a Proclamation to the City of Miami Firefighters in recognition of the International Association of Firefighters Week. The Mayor & Commissioners announced and donated ties to the Suited for Success Tie Drive Kick Off which takes place through September 16, 2005. Chairman Sanchez: The order of the day, we will go now to presentation and proclamations, that is PR.1, which is protocol list. Presentations made. NO MAYORAL VETOES Chairman Sanchez: That concludes our presentation and proclamation. There are no mayoral vetoes on that. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: August 22, 2002 (Continuation of Planning and Zoning Meeting of July 25, 2002) Regular and Planning and Zoning Meeting of November 19, 2002 Regular and Planning and Zoning Meeting of December 12, 2002 Regular Meeting of January 9, 2003 Planning and Zoning Meeting of January 23, 2003 Regular Meeting of February 13, 2003 Regular Meeting of July 7, 2005 City of Miami Page 4 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Planning and Zoning Meeting of July 28, 2005 Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen ORDER OF THE DAY Chairman Sanchez: I do have a couple of meetings that we need to approve, and then we'll turn it over to the Mayor. I need a motion to approve the August 20 -- Priscilla A. Thompson (City Clerk): Commission, I'm sorry. You can, if you'd like to, do one motion for all of them. Chairman Sanchez: Oh, absolutely. Ms. Thompson: OK. Chairman Sanchez: OK. Madam Clerk has advised that all we need is one motion for all the meetings. Let me just put them on the record so they're on the record, Madam Clerk, and that is August 22, 202 [sic], which is a continuation of the planning and zoning meeting of July 25, 202 [sic]. Then there's a regular planning and zoning meeting of November 19, 202 [sic]; regular planning and zoning meeting of December 12, 202 [sic]; regular meeting of January 9, 203 [sic]; planning and zoning meeting of January 23, 203 [sic]; regular meeting of February 13, 203 [sic]; regular meeting of July 7, 205 [sic]; planning and zoning meeting of July 28, 208 [sic]. I just need a motion to approve all of them for the record. Is there a motion? Commissioner Winton: So moved. Vice Chairman Gonzalez: Second. 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. Chairman Sanchez: And you know what, we're going to go to recess. Enjoy your lunch. We'll come back -- well, we got to be back at 5 for the -- Priscilla A. Thompson (City Clerk): 5:05. Commissioner Allen: Right. Chairman Sanchez: -- 5: 05 for the budget, and how many more items do we have, Madam Clerk, that we could probably get out of the way quick? Let's say we come back at maybe -- Vice Chairman Gonzalez: Come back at 3 because we don't have anything -- Chairman Sanchez: Well, we'll come back at 3, finish RE.3, RE.4 -- Vice Chairman Gonzalez: No, we just did RE.3. Chairman Sanchez: Oh, I'm sore. We did RE.3? City of Miami Page 5 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Vice Chairman Gonzalez: Yeah. Ms. Thompson: Yes. Chairman Sanchez: All right, so we got -- we have RE. 4, and then we have the board and committees. Then we have discussion item, possible settlement; that's going to be the last, I understand, right? You want to -- Commissioner Allen: Yeah, that's -- Chairman Sanchez: National. Vice Chairman Gonzalez: National. Jorge L. Fernandez (City Attorney): Yes. You should leave that for last. Chairman Sanchez: OK, we'll leave that for last, and then we have one PZ (planning and zoning) item, and of course, that PZ item we have to wait because one of the Commissioners is not here, and I want to be in all fairness to his office, and then we have -- at 5: 05, we have scheduled the budget, which we should basically go through pretty easily today. I mean, it's just -- I don't see a problem with it, but that's just me as a Commissioner -- as the Chair. All right. City of Miami Commission meeting stands in recess. We will be back at 3 o'clock. [Later.] Vice Chairman Gonzalez: All right. I think that we have an item that has to do with the Community Redevelopment Agency from Midtown. Commissioner Winton: We do? Mr. Fernandez: Yes. Joe Arriola (City Manager): We do? I don't know that one. Commissioner Regalado: Yes, we do. Mr. Fernandez: You need to meet -- Commissioner Winton: What item is that? Oh, we have to have a board meeting? Mr. Fernandez: Yes. Commissioner Winton: Oh. Where did I see that? I didn't see that. Commissioner Allen: This is Midtown. Vice Chairman Gonzalez: You want -- Mr. Fernandez: Yes. Vice Chairman Gonzalez: -- to do that now, Commissioner Winton, or you want to wait until the afternoon so you -- Commissioner Winton: What do y'all want to do? City of Miami Page 6 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Commissioner Regalado: No, do it now. Do it now. Commissioner Winton: Let's do it now; get it over with. Commissioner Allen: We're going to do it this after -- Vice Chairman Gonzalez: OK, all right. Commissioner Allen: All right. Commissioner Winton: Because it should be two minutes. Vice Chairman Gonzalez: All right. Commissioner Winton: So, did we adjourn the Commission meeting? Commissioner Allen: Yeah. I make a motion that we adjourn the regular Commissioner -- Commissioner Winton: I mean, recess. Priscilla A. Thompson (City Clerk): You have to recess. Commissioner Winton: Recess. Commissioner Regalado: Recess. Commissioner Winton: Recess. Sony. Commissioner Allen: All right. Commissioner Winton: Recess. Commissioner Allen: OK I make a motion that we recess the City Commissioners' meeting. Commissioner Winton: Until 5 o'clock? Commissioner Allen: Right, that's correct. Vice Chairman Gonzalez: Right. Commissioner Winton: Second the motion. Vice Chairman Gonzalez: All right. We have a motion and we have a second to recess the Commission meeting until 5:05 this afternoon. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. Motion carries. A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, with Chairman Sanchez absent, to recess the Commission meeting at 3: S9 p.m. in order to hold a meeting of the Midtown Community Redevelopment Agency. [The Commission meeting was reconvened at 5:16 p.m.] CONSENT AGENDA City of Miami Page 7 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 CA.1 05-00824 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney CONTINUED ENGAGEMENT OF THE LAW FIRM OF WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CIVIL SERVICE GRIEVANCE CASE NO. 02-03G, IN AN AMOUNT NOT TO EXCEED $40,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. 05-00824 Cover Memo.pdf 05-00824 Budget Memo.pdf 05-00824 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0501 CA.2 05-00890 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE MUTUAL AID AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND PARTICIPATING MUNICIPALITIES, 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. 05-00890-Legislation. pdf 05-00890-Summary Form.pdf 05-00890-Voluntary Agreement. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0502 CA.3 05-00891 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Economic ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Development COVENANT RUNNING WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE FOR: 1) LIMITATIONS ON THE USE OF THE LAND AS AN OUTDOOR RECREATION AREA FOR USE BY THE GENERAL PUBLIC IN PERPETUITY; AND 2) PENALTIES FOR USE OF THE LAND IN A MANNER INCONSISTENT WITH AN OUTDOOR RECREATION AREA FOR USE BY THE GENERAL PUBLIC; WITH TERMS AND City of Miami Page 8 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID COVENANT. 05-00891 Legislation.pdf 05-00891Exhibit 1.pdf 05-00891 Exhibit 2..pdf 05-00891 Exhibit 3.pdf 05-00891 Exhibit 4.pdf 05-00891 Exhibit 5.pdf 05-00891 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0503 CA.4 05-00892 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A Conferences, CONTRIBUTION OF FUNDS IN THE TOTAL AMOUNT OF $29,981, FROM Conventions and THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION; Public Facilities ALLOCATING SAID FUNDS FOR THE REPLACEMENT OF THREE CHANNEL MARKER PLATFORMS FOR BRENNAN'S CHANNEL AT DINNER KEY MARINA. 05-00892 Legislation.pdf 05-00892 Summary Form.pdf 05-00892 Letter from FI Fish & Wildlife Commission.pdf 05-00892 Grant Proposal Cover Page.pdf 05-00892Letter from Grants Administrator.pdf 05-00892 Improvement Project.pdf 05-00892 Boating Infrastructure GrantAppl..pdf 05-00892 Appl. for Federal Assistance.pdf 05-00892 Boating Infrastructure Project.pdf 05-00892 Previous Legislation.pdf 05-00892 Previous Letter.pdf 05-00892 Memo.pdf 05-00892 Previous Zoning Board Legislation.pdf 05-00892 Maps.pdf 05-00892-Attorney Certificate of Title.pdf 05-00892 Title Search Report.pdf 05-00892 Internal I mprovement. pdf 05-00892 Pictures.pdf 05-00892 Maps 2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0504 CA.5 05-00893 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Fire -Rescue INCREASE IN THE CONTRACT AWARDED TO HACKNEY EMERGENCY City of Miami Page 9 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 VEHICLES, PURSUANT TO RESOLUTION NO. 05-0261, ADOPTED APRIL 28, 2005, IN AN AMOUNT NOT TO EXCEED $1,012, INCREASING THE TOTAL CONTRACT AMOUNT FROM $315,202 TO $316,214, FOR THE PROCUREMENT OF ONE (1) 2006 TRT TRACTOR/TRAILER RESPONSE VEHICLE, WITH WARRANTY, FOR THE DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS FOR SAID INCREASE, FROM THE URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM II, PROJECT NO. 110111, ACCOUNT CODE NO. 280910.6.840; AMENDING RESOLUTION NO. 05-0261, TO REFLECT SAID INCREASE. 05-00893 Legislation.pdf 05-00893 Summary Form.pdf 05-00893 Letter from Hackney.pdf 05-00893 Quote Letter.pdf 05-00893 Purchase Order.pdf 05-00893 Previous Summary Form.pdf 05-00893 Previous Award Recommendation.pdf 05-00893 Previous Tabulations.pdf 05-00893 Previous E-mail to Hackney.pdf 05-00893 Letter from Purchasing.pdf 05-00893 Letter from World Leader.pdf 05-00893 Previous Bid Security List.pdf 05-00893 Table.pdf 05-00893 Previous Master Report.pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-051 5 Chairman Sanchez: CA.5 was to be amended on the floor, so let's go ahead and amend CA.5. CA.5 is an increase contract, Hackney emergency vehicle purchase, TRT (Technical Rescue Team) vehicle. That's being amended Can we make the amendment on the record so we could vote on it? Glenn Marcos (Director, Purchasing): It's actually a housecleaning item, Commissioner. If you end up looking at the actual resolution, we're actually citing to a past resolution. We want to have the actually resolution read consistent, so I'm going to end up reading it into the record. This is a resolution of the Miami City Commission authorizing an increase in the contract awarded to Hackney Emergency Vehicles, pursuant resolution number 05-0261, adopted April 28, 2005, in an amount not to exceed $1, 012, increasing the total contract amount from $315,202 to $316, 214 for the procurement of one 2006 TRT -- Commissioner Winton: We can read that. Mr. Marcos: -- Tractor/Trailer Response Vehicle, with warranty, for the Department of Fire -Rescue; allocating funds for said increase from the Urban Areas Security Initiative Grant Program II, project number -- Commissioner Winton: Glenn, you don't have to read the thing. Mr. Marcos: -- 110111 -- City of Miami Page 10 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Commissioner Winton: It's right in front of us. Mr. Marcos: -- account number 280910.6. -- Commissioner Winton: Glenn. Mr. Marcos: I'm sorry. Commissioner Winton: You don't have to read it. It's right in front of us. Mr. Marcos: OK. Well, I just want to have the act -- the second resolution number read as 05-0261, and make that consistent -- Commissioner Winton: Oh, OK. Mr. Marcos: -- with the other. Commissioner Winton: OK. Mr. Marcos: OK. Commissioner Winton: Oh, this was y'alls [sic] change. Mr. Marcos: Yes. Commissioner Winton: This was your clarification. Mr. Marcos: That is correct. Commissioner Winton: I got it. Mr. Marcos: I found that. Commissioner Winton: OK, so move CA.5. Chairman Sanchez: All right. There is a motion -- Commissioner Allen: Second Chairman Sanchez: -- and a second on CA.5. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. CA.6 05-00894 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Police INCREASE IN THE CONTRACT WITH PRE -QUALIFIED VENDORS, AS MAY BE AMENDED BY THE DEPARTMENT OF PURCHASING THROUGHOUT THE TERM OF THE CONTRACT, PURSUANT TO RESOLUTION NO. 04-0616, ADOPTED SEPTEMBER 23, 2004, FURTHER AMENDED BY RESOLUTION NO. 05-0326, ADOPTED MAY 26, 2005, FOR THE PURCHASE OF POLICE SERVICE DOGS, FOR THE DEPARTMENT OF POLICE, ON A SPOT -MARKET, AS -NEEDED CONTRACT BASIS, IN AN AMOUNT NOT TO EXCEED $7,486.76, INCREASING THE ANNUAL CONTRACT AMOUNT City of Miami Page 11 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 FROM $34,100 TO $41,586.76, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $124,760.28; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.875; AMENDING RESOLUTION NO. 05-0326, TO REFLECT SAID INCREASE. 05-00894 Legislation.pdf 05-00894 Summary Form.pdf 05-00894 Text File Report.pdf 05-00894 Master Report.pdf 05-00894 Previous Legislation.pdf 05-00894 Master Report 2.pdf 05-00894-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez CA.7 05-00896 Department of Capital Improvement Programs/Transpor tation R-05-0505 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE GRANT AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND ACTION COMMUNITY CENTER, INC., PURSUANT TO RESOLUTION NO. 04-0379, ADOPTED JUNE 10, 2004, FOR PUBLIC TRANSPORTATION SERVICES, CAPITAL IMPROVEMENT PROJECT ("CIP") NO. 341330, B-71201; PROVIDING FOR A ONE-YEAR EXTENSION (OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006), IN AN AMOUNT NOT TO EXCEED $300,000; ALLOCATING FUNDS IN THE AMOUNT OF $300,000, FROM CIP NO. 341330; AMENDING ARTICLE 7.1 OF THE ORIGINAL AGREEMENT TO FURTHER AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENTS AND/OR MODIFICATIONS FOR ADDITIONAL ANNUAL EXTENSIONS, NOT TO EXCEED A TOTAL CONTRACT TERM OF FIVE YEARS, IN AN ANNUAL AMOUNT NOT TO EXCEED $300,000, SUBJECT TO BUDGETARY APPROVAL, WITHOUT THE NECESSITY OF FURTHER CITY COMMISSION APPROVAL. City of Miami Page 12 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 CA.8 05-00898 Department of Capital Improvement Programs/Transpor tation 05-00896 Legislation.pdf 05-00896 Exhibit 1.pdf 05-00896 Summary Form.pdf 05-00896 Text File Report.pdf 05-00896 30th Yr Public Svc Policy .pdf 05-00896 Social Programs Agreement.pdf 05-00896 Charts.pdf 05-00896 Grant Agreement.pdf 05-00896 Circulator Bus Schedule.pdf 05-00896 Map.pdf 05-00896 Map 2.pdf 05-00896 Certififcate of Insurance.pdf 05-00896 Budget Bus Svcs.pdf 05-00896 Work Program Specifications.pdf 05-00896 Action Comm Ctr Reso .pdf 05-00896 Ltr from State of Florida.pdf WITHDRAWN Chairman Sanchez: And we go to -- CA. 7 was pulled. Was that pulled for discussion or pulled? Commissioner Winton: Pulled. Commissioner Allen: That was pulled. Linda Haskins (Deputy City Manager/Chief Financial Officer): That was pulled. Chairman Sanchez: All right. CA.7 was pulled. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH MCM CORPORATION DATED DECEMBER 10, 2004, FOR THE PROJECT ENTITLED "FLAGLER MARKETPLACE STREETSCAPE PROJECT (2ND BIDDING)," PROJECT B-40667; AMENDING SECTION 6.7 REGARDING ASSIGNMENT AND PERFORMANCE, TO ALLOW THE CONTRACT WORK TO BE ASSIGNED OR TRANSFERRED WITH PRIOR WRITTEN APPROVAL OF THE CITY ACTING THROUGH THE CITY MANAGER; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-00898 Legislation.pdf 05-00898 Exhibit 1.pdf 05-00898 Summary Form.pdf 05-00898 Master Report.pdf 05-00898 Text File Report.pdf 05-00898 Contract.pdf 05-00898 Corporate Reso.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez City of Miami Page 13 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 R-05-051 6 Chairman Sanchez: CA.8 was pulled for discussion -- Commissioner Allen: Right. Chairman Sanchez: -- and that is on the MCM Corp. contract, Flagler Marketplace Street -- Commissioner Allen: That's correct, Mr. Chairman. Chairman Sanchez: All right. Commissioner Allen: I pulled for discussion -- Chairman Sanchez: That was you, Commissioner Allen? Commissioner Allen: Yeah, CA (consent agenda) -- Chairman Sanchez: You -- you're recognized Commissioner Allen: -- 8 and 9, and to that end, I have discussed this previously with Capital Improvement, but my concerns is -- here is that this is an assignment that's being provided to Related Group. My understanding, the Related Group is in the business of building vertical projects. We have the situation here where there is a horizontal contract, or project, in place, and I'm still confused as to why are we assigning something that the contract clearly says is a non -assignable, substantive measure in the contract that MCM has a contract. They cannot assign those rights and so forth, but yet, we're doing this, and I understand perhaps, the reason is for -- I don't know. Is the way that Related Group is now moving into the issue of now doing horizontal projects, you know, and what's the cost savings? How much has MCI [sic] expended -- what was the cap (UNINTELLIGIBLE) as to the project that is already underway with MC -- what is this, MCM? Mary Conway (Director, Capital Improvement Projects): MCM. Commissioner Allen: Yeah, MCM, right. I mean, how much of the work was done? How much has already been expended? How much is left? I mean, what are we getting for this based on what Related Group is supposed to do? Ms. Conway: Mary Conway, Capital Improvements. CA.8 and 9 are companion items. MCM is the contractor who is working on the Flagler Marketplace project. The Capital Improvements office and Public Works were approached by Related Group, which is the developer for Biscayne 50, a project that falls within the limits of the Flagler Marketplace project -- Commissioner Allen: OK Ms. Conway: -- regarding coordination, so that we don't have two contractors working within the same project limits that would potentially result in a delay claim to the City's project. What we negotiated the City with MCM and with the Related Group, was that the immediate portion of the Flagler Marketplace that abuts the development would be taken out of the City's contract with MCM, so there's a net savings to the City; that the Related Group, that via their Public Works Department permit, would be required to restore the public right-of-way as a permit condition still has that requirement, but rather than have MCM construct the granite paver of sidewalk, repave the roadway, only to have the construction associated with the Related Group project damage that, what we're proposing is for the Related Group, at their own expense, to restore the right-of-way, as they're required so there's a net savings to the City, and MCM will simply provide the granite paver material that has been procured for the Flagler Marketplace City of Miami Page 14 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 project to the developer so that they can install it so that we have a consistent granite paver sidewalk throughout the project. This is very similar to what the CIP (Capital Improvement Projects) office did on the Grand Avenue project with Grove Lofts -- Commissioner Allen: OK Ms. Conway: -- where we coordinated the development with the CIP project. Commissioner Allen: OK Let me ask -- you said something that's pretty operative. You say net savings. That portion, which is going to be provided and given to Related Group, has that been quantified? For example, I would assume this horizontal project is in phases, so if you say this portion is going to be -- if you were redacted or taking out and provided to Related Group, what figure is attached to that portion of the work? So what's the net savings? Because what has already been allocated for MCM is, I think, a total of what, $9 million, I believe, or -- Ms. Conway: That's the approximate -- Commissioner Allen: -- for the -- Ms. Conway: -- total project cost, and -- Commissioner Allen: Total, right, and how -- Ms. Conway: -- approximately $81, 000 is being removed from that project that the City will not have to pay -- Commissioner Allen: OK, so $81, 000 -- Ms. Conway: -- and the Related Group will be required to install the granite pavers and repave the roadway, and bring it back to its original condition before the completion of their project, as all developers within the City of Miami are required to do. Commissioner Allen: OK, now, let me ask -- and maybe I ask the City Attorney. This is an assignment under a contract. My concern is we're not setting up a precedent here, are we, in any way, shape, or form? We're doing this only for this specific project, right, because -- Jorge L. Fernandez (City Attorney): Right. Commissioner Allen: -- you know, someone can come later and say, well, even a greenway project, let me transfer it -- although a person is doing vertical projects, they might now want to get into the business of doing, if you will, horizontal projects because maybe the market is turning, in terms of the explosion of building vertical projects, so now let's see if we can segue into another market industry here. I don't know, so if you could -- Mr. Fernandez: No. Commissioner Allen: -- expound on that, please. Mr. Fernandez: There is no precedential value in this. This is very specific, given the circumstances that surround this development, and it's being handled appropriately by creating the opportunity for an assignment in our contract with this party, and then everyone is in agreement. This party then assigns that portion of their contract to the Related Group so that they finish it. No precedential value, and we have thoroughly reviewed this, and it's proper and in order. City of Miami Page 15 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 CA.9 05-00897 Department of Capital Improvement Programs/Transpor tation Commissioner Allen: And lastly, they will do the exact work that was previously designed to build relative to that street project, no deviation from that. That is to say, Related Group will do exactly what MCM was originally stated to do, correct? Ms. Conway: That's correct, and the exhibits and the plans sheets are part -- Commissioner Allen: Right. Ms. Conway: -- of CA.9, as backup. Chairman Sanchez: All right. Commissioner Allen: OK Chairman Sanchez: Does that answer your question -- Commissioner Allen: Yes. Chairman Sanchez: -- Commissioner Allen? Commissioner Allen: Um -hum. Chairman Sanchez: Are there any further question on this item? If not, CA.8, is there a motion to approve? Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. Is there a second? Commissioner Regalado: Second Chairman Sanchez: Second by Commissioner Regalado. The item is under 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT AND ASSUMPTION OF CONSTRUCTION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MCM CORPORATION AND THE RELATED GROUP OF FLORIDA, INC., FOR THE PROJECT ENTITLED "FLAGLER MARKETPLACE STREETSCAPE PROJECT (2ND BIDDING)," PROJECT B-40667, SPECIFICALLY FOR THE PORTION OF WORK ALONG THE NORTH SIDE OF FLAGLER STREET BETWEEN BISCAYNE BOULEVARD AND NORTHEAST 3RD AVENUE, MIAMI, FLORIDA. City of Miami Page 16 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 05-00897 Legislation.pdf 05-00897 Exhibit 1.pdf 05-00897 Exhibit 2.pdf 05-00897 Exhibit 3.pdf 05-00897 Exhibit 4.pdf 05-00897 Exhibit 5.pdf 05-00897 Summary Form.pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0517 Chairman Sanchez: And we move on to CA.9, which was also pulled for -- Commissioner Winton: So move. Chairman Sanchez: -- discussion. There is a motion by Commissioner Winton. Is there a second for the purpose of discussion? Commissioner Allen: Second Chairman Sanchez: There is a second by Commissioner Regalado for the purpose of discussion. Commissioner Allen, I believe you pulled this item. Commissioner Allen: OK, well, they're all sort of -- the two are -- Commissioner Winton: They're -- Chairman Sanchez: All right. Commissioner Allen: -- (UNINTELLIGIBLE) -- Commissioner Winton: -- tied together. Commissioner Allen: -- right, so -- Chairman Sanchez: All right. No further discussion -- Commissioner Allen: -- there's no issue -- Chairman Sanchez: -- on the item. Commissioner Allen: -- with respect to 9. Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. CA.10 05-00899 RESOLUTION City of Miami Page 17 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Police OF NETWORKOMNI MULTILINGUAL COM, INC., RECEIVED ON MAY 4, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-039, FOR THE PROVISION OF LANGUAGE LINE TRANSLATION SERVICES, FOR THE DEPARTMENTS OF POLICE AND FIRE -RESCUE, ON AN AS -NEEDED BASIS, FOR AN INITIAL THREE (3) YEAR PERIOD WITH THE OPTION FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $60,000, FOR A TOTAL AMOUNT NOT TO EXCEED $300,000; ALLOCATING FUNDS FROM THE E911 OPERATING BUDGET, ACCOUNT CODE NO. 196002.290461.6.340. 05-00899 Legislation.pdf 05-00899 Summary Form.pdf 05-00899 Award Recommendation.pdf 05-00899 Tabulation of Bids.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0506 CA.11 05-00900 RESOLUTION Department of "PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY - Police MODIFICATIONS DIRECTED BY CITY COMMISSION HAVE NOT BEEN INCORPORATED." A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING RESOLUTION NO. 01-685, ADOPTED JULY 10, 2001, AUTHORIZING AN INCREASE IN THE CONTRACT WITH EXXON/MOBIL, ATLANTA, GEORGIA, AND ITS GASOLINE DEALERS LOCATED WITHIN THE CITY OF MIAMI QUALIFIED TO PROVIDE PREMIUM 93-OCTANE GASOLINE TO MEMBERS OF THE POLICE DEPARTMENTS MOTORCYCLE FLEET, UTILIZING THE EXXON FLEET CREDIT CARD/SPEED PROGRAM ("PROGRAM"), IN AN AMOUNT NOT TO EXCEED $22,000, INCREASING THE ANNUAL AMOUNT FROM $20,000 TO AN AMOUNT NOT TO EXCEED $42,000; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290301.6.715. City of Miami Page 18 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 05-00900 Legislation .pdf 05-00900 Summary Form.pdf 05-00900 Previous Legislation.pdf 05-00900 Fleet Card Application.pdf 05-00900 Review and Analysis Form.pdf 05-00900 Gasoline Card Program.pdf 05-00900 Gasoline Price Analysis.pdf 05-00900 Request for Letters of Interest. pdf 05-00900 Standard Operating Procedures. pdf 05-00900 Fuel Access Agreement 05-00900 Memo.pdf 05-00900 2nd Contract Award.pdf 05-00900 Memos 05-00900 1st Contract Award.pdf 05-00900-Summary Fact Sheet.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0518 Chairman Sanchez: I believe CA.11 was to be amended on the record That's the purchase of the motorcycles, I believe, or -- no, the gasoline. Glenn Marcos (Director, Purchasing): It is the actual gasoline, Commissioner. It should actually read to increase from 7,000 to $15, 000, and it should be annually from 20,000 to $42,000. Chairman Sanchez: All right. There's an amendment on the floor. Is there a motion? Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. Is there a second? Commissioner Regalado: Second Chairman Sanchez: Second by Commissioner Regalado. 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. CA.12 05-00901 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING Planning RESOLUTION NO. 05-0185, ADOPTED MARCH 24, 2005, BY INCREASING THE AMOUNT FOR WHICH THE CITY MANAGER IS AUTHORIZED TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT FOR TOWN PLANNING/URBAN DESIGN PROFESSIONAL SERVICES FOR THE CREATION OF A LONG RANGE STRATEGIC PLAN FOR THE DEPARTMENT OF PARKS AND RECREATION, IN AN AMOUNT NOT TO EXCEED $200,000, FROM $500,000 TO $700,000; ALLOCATING FUNDS, City of Miami Page 19 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 CA.13 05-00902 FOR SAID INCREASE, IN THE AMOUNT NOT TO EXCEED $200,000, FROM HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BONDS AND INTEREST, FROM CAPITAL IMPROVEMENT PROJECT NO. 331419, B-35895, PARKS MASTER PLAN; FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION. 05-00901 Legislation.pdf 05-00901 Summary Form.pdf 05-00901 Previous Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0507 RESOLUTION Department of Solid Waste CA.14 05-00903 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROVISION OF DISASTER RECOVERY SERVICES, FROM GRUBBS EMERGENCY SERVICES, LLC, FOR THE PURPOSE OF PROVIDING TECHNICAL ASSISTANCE IN CASE OF DISASTER DEPLOYMENT FOR THE DEPARTMENT OF SOLID WASTE, TO BE UTILIZED CITYWIDE UNDER AN EXISTING MARION COUNTY CONTRACT NO. 01Q-017, EFFECTIVE UNTIL JUNE 8, 2010, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY MARION COUNTY, ON AN AS -NEEDED CONTRACT BASIS, FOR A ONE-YEAR PERIOD, WHEN A NEW REQUEST FOR PROPOSALS WILL BE ISSUED BY THE CITY OF MIAMI FOR SAID SERVICES. 05-00902 Legislation.pdf 05-00902 Summary Form.pdf 05-00902 Memo.pdf 05-00902 Letter from Grubbs.pdf 05-00902 Letter from Marion County.pdf 05-00902 Marion County Agenda .pdf 05-00902 June 2005 Calendar.pdf 05-00902 Marion County Agreement.pdf 05-00902 Marion County RFQ.pdf 05-00902 Letter from Grubbs 2.pdf 05-00902 Marion County Agenda Item.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0508 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO SARAH EATON, WITHOUT THE ADMISSION OF LIABILITY, $78,849.09 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE City of Miami Page 20 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS,UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.661. 05-00903 Legislation.pdf 05-00903 Memo.pdf 05-00903 Budget.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Noes: 1 - Commissioner Regalado R-05-0519 Chairman Sanchez: And we go to CA.14, which was an item pulled for discussion by Commissioner Regalado. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you very much, Mr. Chairman. I have one question here that the City Attorney briefed me on the settlement, but not on the causes of this. Is this position (UNINTELLIGIBLE) historical, was eliminated from the City, Madam Manager, staff? Jorge L. Fernandez (City Attorney): No. My understanding is that the position itself has not been eliminated no. Commissioner Regalado: So what happened here is that this lady was fired right? Mr. Fernandez: No. Commissioner Regalado: No? Mr. Fernandez: No. Commissioner Regalado: And we're paying so she would not sue the City, that's what we're doing. Mr. Fernandez: She was offered a position in the Civil Service that she held prior to that, and it's a rollback, as it were, and to the extent that it may be considered demotion because it would be paid at a lower salary level, and have different sets of responsibility, that may create, you know, the potential, or the possibility, for a disagreement between this particular employee and the City. Commissioner Regalado: Yeah, but this happen all the time. I mean, the Manager has the power to move people back and forth -- Mr. Fernandez: He does. Commissioner Regalado: -- and so, everybody can sue? Mr. Fernandez: According to certain criteria that federal law has created according to the status of the person, there is in -- you know, again, without getting into the mind -set of this individual, we analyzed the case, and we felt that there was the potential for some disagreement between this employee and the City, as a result of the City Manager's action, and we felt it would City of Miami Page 21 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 be in the best interest of the City to settle amicably with this employee who, after all, had spent a considerable time with the City. Commissioner Regalado: So we give this money and she leaves? Mr. Fernandez: Yes, sir, with a complete release. Commissioner Regalado: And if we don't give it, she stays? Mr. Fernandez: She would be allowed to stay, yes, at the position that's being offered to her, yes. Commissioner Regalado: Well, I still don't understand I mean, this -- I know the Administration does that all the time, so I don't understand this case, so Mr. Chairman, I would - - if you want to vote on it, I will move to deny. Chairman Sanchez: OK, there is a motion to deny the settlement, which is CA.14. There's a motion to deny. Is there a second? There is no second. Is there a motion to approve the settlement? Vice Chairman Gonzalez: 171 move to approve because -- Chairman Sanchez: There -- Vice Chairman Gonzalez: -- the reason that I don't second to the -- Chairman Sanchez: Well, let's get a motion and a second, and then we'll discuss it. Vice Chairman Gonzalez: OK. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Winton: Second Chairman Sanchez: Second by Commissioner Winton. Now, there's a purpose for discussion. Commissioner Gonzalez -- Vice Chairman Gonzalez: OK, the reason -- Chairman Sanchez: -- Vice Chairman Gonzalez, you're recognized Vice Chairman Gonzalez: -- that I don't second to deny is that before this came to the Commission, there had to be a meeting, or an agreement with -- Mr. Fernandez: Correct. Vice Chairman Gonzalez: -- between the employee and the Administration, right? Mr. Fernandez: Correct. Vice Chairman Gonzalez: And the employee is in -- is satisfied with this settlement, right? Mr. Fernandez: Exactly. Vice Chairman Gonzalez: So for the benefit of the employee that is satisfied with the settlement, City of Miami Page 22 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 I have to vote yes. Chairman Sanchez: All right. Commissioner Allen: Right, I agree. Chairman Sanchez: All in favor, say "aye. " Anyone in opposition -- Commissioner Regalado: One "no." Chairman Sanchez: -- having the same right, say "nay. " Motion carries, 4/1. Commissioner Regalado voted nay. CA.15 05-00905 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WITH General Services ATTACHMENT(S), ACCEPTING THE BID OF BRUCE ROSSMEYER'S FORT Administration LAUDERDALE HARLEY-DAVIDSON, INC., RECEIVED ON JUNE 22, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-049, FOR THE LEASING OF TWENTY-FIVE (25) NEW CURRENT MODEL PRODUCTION YEAR, CERTIFIED TRAFFIC LAW ENFORCEMENT MOTORCYCLES, WITH THE OPTION TO ADD ADDITIONAL UNITS AS NECESSARY, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, TO BE UTILIZED BY THE CITY OF MIAMI DEPARTMENT OF POLICE, FOR AN INITIAL TERM OF TWENTY-FOUR (24) MONTHS, COMMENCING ON THE DATE OF DELIVERY OF THE MOTORCYCLES, FOR AN ANNUAL CONTRACT AMOUNT NOT TO EXCEED $82,500, PLUS AN ANNUAL CONTINGENCY AMOUNT NOT TO EXCEED $16,500, TO COVER COSTS ASSOCIATED WITH THE NECESSITY OF LEASING AN ESTIMATED FIVE (5) ADDITIONAL MOTORCYCLE UNITS, FOR A TOTAL AMOUNT DURING THE INITIAL TERM NOT TO EXCEED $198,000 AND AN OPTION TO EXTEND FOR A TWO-YEAR PERIOD, UNDER THE SAME TERMS AND CONDITIONS; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $198,000, FOR THE INITIAL TERM, FROM CAPITAL IMPROVEMENT PROJECT NO. 311850.429401.6.880, B-74221, WITH FUTURE FUNDING SUBJECT TO THE AVAILABILITY AND APPROPRIATION OF FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A MOTORCYCLE LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-00905 Lgislation.pdf 05-00905 Exhibit 1.pdf 05-00905 Summary Form.pdf 05-00905 Award Recommendation.pdf 05-00905 Bid Tabulation.pdf 05-00905 Award Sheet.pdf 05-00905 Bid Security List.pdf 05-00905 Purchasing Letter.pdf 05-00905 Memo Requesting Addl Motorcycles.pdf 05-00905 Leasing Motorcycles.pdf 05-00905 Specifications.pdf This Matter was ADOPTED on the Consent Agenda. City of Miami Page 23 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0509 CA.16 05-00906 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Finance RECEIVED JULY 11, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-096, FROM HIRONS ASSOCIATES, INC., D/B/A HIRONS AND ASSOCIATES, INC., FOR THE PROVISION OF ASSET INVENTORY, TAGGING AND APPRAISAL SERVICES OF MACHINERY AND EQUIPMENT, FOR THE DEPARTMENT OF FINANCE, AT AN ESTIMATED CONTRACT AMOUNT OF $64,000, SUBJECT TO INCREASES BASED ON THE ACTUAL NUMBER OF ASSETS AND BUDGETARY APPROVAL; ALLOCATING FUNDS FROM THE GENERAL FUND, ACCOUNT CODE NO. 001000.260201.6.840 . 05-00906 Legislation.pdf 05-00906 Summary Form.pdf 05-00906 Award Recommendation.pdf 05-00906 Tabulation of Bids.pdf 05-00906 Bid Security List.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0510 CA.17 05-00907 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND Recreation ENTITLED: "OUT -OF -SCHOOL TIME SNACK PROGRAM" AND APPROPRIATING FUNDS FOR ITS OPERATION, IN THE AMOUNT NOT TO EXCEED $206,388, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF HEALTH, BUREAU OF CHILD NUTRITION PROGRAMS, CHILD CARE FOOD PROGRAM, ADMINISTERING UNITED STATES DEPARTMENT OF AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM (CFDA NO. 10.558), FOR THE PROVISION OF FOOD TO THE PARTICIPANTS IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2005-2006, OUT -OF -SCHOOL TIME SNACK PROGRAM LOCATED IN VARIOUS CITY PARKS, FOR THE PERIOD OF OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006, ON A REIMBURSEMENT BASIS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO PROVIDE ALL OTHER NECESSARY DOCUMENTATION IN ORDER TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. City of Miami Page 24 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 05-00907 Legislation.pdf 05-00907 Exhibit 1.pdf 05-00907 Exhibit 2.pdf 05-00907 Exhibit 3.pdf 05-00907 Exhibit 4.pdf 05-00907 Exhibit 5.pdf 05-00907 Exhibit 6.pdf 05-00907 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0511 CA.18 05-00908 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Public Works SOUTHWEST 25TH AVENUE FROM SOUTHWEST 21 ST TERRACE TO SOUTHWEST 22ND STREET, MIAMI, FLORIDA, AS "AVENIDA JOSEFINA P. CASTANO;" FURTHER DIRECTING THE CITY MANAGER TO COMPLY WITH THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS STATED HEREIN AND TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 05-00908 Legislation.pdf 05-00908 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0512 CA.19 05-00909 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Purchasing INCREASE IN THE CONTRACT WITH VARIOUS VENDORS, FOR THE PROCUREMENT OF VEHICLES, TRUCKS, VANS AND OTHER EQUIPMENT, UTILIZING EXISTING CONTRACTS, PURSUANT TO FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES AND FLORIDA FIRE CHIEFS' ASSOCIATION BID NOS. 04-12-0823 AND 04-05-0824, EFFECTIVE THROUGH SEPTEMBER 30, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS, PURSUANT TO RESOLUTION NO. 05-215, ADOPTED APRIL 14, 2005, IN AN ANNUAL AMOUNT NOT TO EXCEED $125,000, INCREASING THE TOTAL ANNUAL AMOUNT FROM $1,300,000 TO $1,425,000; ALLOCATING FUNDS FOR FISCAL YEAR 2004-2005, FROM THE GENERAL OPERATING BUDGETS AND GRANTS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. City of Miami Page 25 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 CA.20 05-00910 Department of Information Technology 05-00909 Legislation.pdf 05-00909 Summary Form.pdf 05-00909 Text File Report.pdf 05-00909 Bid Award Announcement.pdf 05-00909 Bid Award Announcement 2.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0520 Chairman Sanchez: All right. I believe there was one more item to be discussed, and that was CA.20. Commissioner Winton: 19 and 20. Chairman Sanchez: 19 and 20. Commissioner Winton: And they're real fast, and they're about increases; one's 10 percent and the other is 20 percent, and I just want to understand what's driving the increase. Chairman Sanchez: All right. The question is what's driving the increases. Glenn Marcos: Glenn Marcos, Purchasing director. On CA.19, what we have is that we utilize that particular contract to address the problems with the one-armed bandit, and we're going to end up now increasing that contract to purchase 13 utility vehicles for Parks & Recreation. Commissioner Winton: So moved. Chairman Sanchez: All right. There's a motion to approve CA.19. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a second by Vice Chairman Gonzalez. The item is under 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 unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE AMOUNT OF COMPENSATION PAYABLE TO BLACKWELL CONSULTING LLC, PURSUANT TO A PROFESSIONAL SERVICES AGREEMENT, FOR THE PROVISION OF BUSINESS PROCESS REENGINEERING SERVICES AND SUBJECT MATTER EXPERTS, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY ("ITD"), PURSUANT TO RESOLUTION NO. 03-1140, ADOPTED NOVEMBER 13, 2003, IN AN AMOUNT NOT TO EXCEED $500,000, INCREASING THE TOTAL AMOUNT OF THE AGREEMENT FROM $2,875,000 TO $3,375,000; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $500,000, FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. City of Miami Page 26 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 311613 AND ADDING ITD STRATEGIC FUNDS, CIP ACCOUNTS, GRANTS AND THE OPERATING BUDGETS OF VARIOUS DEPARTMENTS AS ADDITIONAL FUNDING SOURCES, SUBJECT TO BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO REFLECT SAID INCREASE. 05-00910 Legislation.pdf 05-00910 Exhibit 1.pdf 05-00910 Summary Form.pdf 05-00910 Professional Services Agreement.pdf 05-00910 Blackwell Corporate Reso.pdf 05-00910 Certificate Insurances.pdf 05-00910 Previous Legislation.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 2 - Commissioner Winton and Sanchez Noes: 1 - Commissioner Gonzalez Absent: 2 - Commissioner Regalado and Allen R-05-0521 Chairman Sanchez: We move to CA.20. Commissioner Winton: Same question. Chairman Sanchez: Same question. Commissioner Winton: Roughly 20 percent increase -- Peter Korinis (Chief Information Officer): Yes, sir, Commissioner. Commissioner Winton: -- why? Mr. Korinis: Peter Korinis, Chief Information Officer. We have -- over the past year and a half that we've been doing our business process redesign, we've been in need of additional services from them. In fact, the price per unit labor has gone down a bit, but we've needed additional services to get us into more detail on reviewing these business processes in anticipation of building the ERP (Enterprise Resource Planning). Commissioner Winton: Which we didn't anticipate before or -- Mr. Korinis: No, sir, we didn't. The level of detail that we need to get to to put this into the ERP is greater than we anticipated. Yes, sir. Commissioner Winton: So moved. Chairman Sanchez: All right. There's a motion. Is there a second? Commissioner Regalado: Second Chairman Sanchez: Motion is made by Commissioner Winton, second by -- Vice Chairman Gonzalez: Discussion. City of Miami Page 27 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Chairman Sanchez: -- Vice Chairman -- I'm sorry, Regalado made the second It is under discussion. Vice Chairman Gonzalez, you're recognized for the purpose of discussion. Vice Chairman Gonzalez: How much more money are we going to need in consultants for this department? Commissioner Winton: A lot. Mr. Korinis: For the ERP project, Commissioner, or -- Vice Chairman Gonzalez: Whatever project; ERP, or PPR, or RSQ, or -- Chairman Sanchez: I -- Vice Chairman Gonzalez: -- SDF, or -- Chairman Sanchez: -- IT (Information Technology), pertaining to IT. Vice Chairman Gonzalez: -- whatever. Mr. Korinis: Commissioner, I apologize, I can't give you that answer right off the top of my head but we have consultants and we have system implementers from outside firms working to build a land management system, the ERP system. We have people on our GIS (Geographic Information System) project. The reason we used some of these consultants is because they have very specific technical expertise to get the system up that we may not need then once it's up and running, so I'll be happy to put together a number for you, but it's -- I can't give it to you today, sir. Vice Chairman Gonzalez: The companies from whom we buy this technology or whatever, don't they provide technical assistance as part of the package of the purchase? Mr. Korinis: Yes, sir, many times they do. Vice Chairman Gonzalez: All right. OK. Chairman Sanchez: OK. Vice Chairman Gonzalez: If you're ready to take a vote, I don't think you're going to have -- well, I'm going to vote no. Chairman Sanchez: OK. All right. Is there a motion to approve? Commissioner Winton: Yeah, I moved yes, and he moved -- he -- Priscilla A. Thompson (City Clerk): There is already a motion on the floor. Vice Chairman Gonzalez: It was moved. Chairman Sanchez: OK, there's a motion and a second All right, so any -- Ms. Thompson: That's correct. Chairman Sanchez: -- further discussion on the item? If not, all in favor, say "aye. " Commissioner Winton: Well, you only have three people here. City of Miami Page 28 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Chairman Sanchez: Well, it's still going to pass 2/1. Commissioner Winton: Oh, OK. Chairman Sanchez: So, all right. All in favor, say "aye." Two nay -- two yeas and one nay, for the record Commissioner -- Vice Chairman Gonzalez votes nay. Three -two -- it's not a four -fifth. Ms. Thompson: No, it's not. Chairman Sanchez: OK. That takes -- Vice Chairman Gonzalez: It's not an emergency. Chairman Sanchez: -- care of that item. I believe that takes care of all the consent agenda. Commissioner Winton: That's correct. Chairman Sanchez: As we move along here, the Mayor's items have all been taken care of. CA.21 05-00911 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Police OF JOHNSON CONTROLS, INC., RECEIVED ON JULY 11, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-070, FOR THE PROVISION OF AIR CONDITIONING MAINTENANCE AND REPAIR SERVICES, FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED BASIS, AT VARIOUS POLICE DEPARTMENT FACILITIES, FOR AN INITIAL TWO-YEAR PERIOD WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $67,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $335,000; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.670. 05-00911 Legislation.pdf 05-00911 Summary Form.pdf 05-00911 Award Recommendation.pdf 05-00911 Tabulation of Bids.pdf 05-00911-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0513 CA.22 05-00945 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), ACCEPTING THE BID RECEIVED ON AUGUST 15, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-110, OF R AND S INTEGRATED PRODUCTS AND SERVICES, INC., FOR THE PURCHASE OF LASERFICHE SOFTWARE, HARDWARE AND SERVICES FOR ELECTRONIC DOCUMENT MANAGEMENT, TO BE UTILIZED CITYWIDE BY City of Miami Page 29 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 VARIOUS USER DEPARTMENTS AND AGENCIES, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT THE UNIT PRICES LISTED IN THE ATTACHED TABULATION, IN THE AMOUNT NOT TO EXCEED $90,000, FOR FISCAL YEAR 2004-2005; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $90,000, FOR FISCAL YEAR 2004-2005, FROM THE GENERAL OPERATING BUDGETS AND GRANTS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, WITH FUTURE FISCAL YEAR FUNDING SUBJECT TO AVAILABILITY OF FUNDS AND BUDGET APPROVAL AT TIME OF NEED. 05-00945 Legislation.pdf 05-00945 Exhibit 1.pdf 05-00945 Summary Form.pdf 05-00945 Award Recommendation.pdf 05-00945 Award Sheets.pdf 05-00945 Bid Security List.pdf 05-00945 Letter from Purchasing.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0514 Adopted the Consent Agenda Motion by Commissioner Winton, seconded by Commissioner Regalado, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez END OF CONSENT AGENDA Chairman Sanchez: Is there any other item -- let's go to the consent agenda. Let's try to take care of the consent agenda. Are there any items that any of the Commissioners may want -- Commissioner Allen: Yes. Chairman Sanchez: -- to pull for discussion from the -- Commissioner Allen: Yes. Chairman Sanchez: -- consent agenda? Commissioner Allen: Yes, Mr. Chairman. Chairman Sanchez: OK. Hold on. Commissioner Allen -- Commissioner Allen: Yes. Chairman Sanchez: -- let's try to maintain order here. Does the Administration want to pull any item from the consent agenda? City of Miami Page 30 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Joe Arriola (City Manager): Yes, sir. We are going to pull CA.7 -- Chairman Sanchez: CA.7. Commissioner Winton: Good. Chairman Sanchez: You're pulling it? Commissioner Winton: You read my mind. Mr. Arriola: Yes, sir. Chairman Sanchez: OK. CA. 7 is being pulled Mr. Arriola: Yes, and CA.5, and CA.11, we're going to bring some amendments. Chairman Sanchez: Today? Mr. Arriola: Yes, now -- Chairman Sanchez: All right. Mr. Arriola: -- if you want. Chairman Sanchez: So we'll put CA.5 will be amended on the floor, and what's the other one? Mr. Arriola: And we're going to change them on the floor now. Chairman Sanchez: What is the other one? CA.5, and which is the other one? Commissioner Winton: 11. Mr. Arriola: C -- and 11, sir. Chairman Sanchez: OK, and amended Mr. Arriola: And we're also pulling -- well, not from the consent agenda. You want all the items I want to pull? Chairman Sanchez: No, no. Let's go through the -- Mr. Arriola: OK, fine. Chairman Sanchez: -- consent agenda. Then -- Mr. Arriola: That's it. Chairman Sanchez: -- we'll go to the next item we'll pull -- Mr. Arriola: That's it. Chairman Sanchez: -- because I have some items that 1 want to pull. Mr. Arriola: OK, fine. City of Miami Page 31 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Chairman Sanchez: All right. Commission -- Mr. City Attorney. Commissioner Allen. Commissioner Allen: Yes, I -- yeah, Mr. Chairman. OK, the issue with CA.7 has been addressed but CA.8 and 9, I'd like to have pulled for discussion. Chairman Sanchez: All right. CA (consent agenda) -- they're being pulled for -- Commissioner Allen: 8 and 9. Chairman Sanchez: -- discussion, 8 and 9, OK. Commissioner Allen: Right, and I believe -- OK, that's been satisfied so that's just CA.8 and 9. Chairman Sanchez: All right. Mr. Vice Chairman Gonzalez, none. Commissioner Regalado? Commissioner Regalado: I'd like to -- I need to understand C.14 [sic], but just a question regarding -- Chairman Sanchez: Well, sir, you're pulling it for discussion. Commissioner Regalado: If you want to, I mean, I can -- Chairman Sanchez: No, it's not me, it's you. Commissioner Regalado: No. I mean, I just need to ask her a question, so it doesn't matter to me if I pull it or not -- Chairman Sanchez: All right. The item is being pulled for discussion at the request of Commissioner Regalado. Commissioner Winton? Commissioner Winton: CA.19 and 20 for discussion. Chairman Sanchez: OK. I'm sorry, 19 and 20? Commissioner Winton: 19 and 20. Chairman Sanchez: 19 and 20 for discussion, pulled for discussion. OK, so let's do this, let's go ahead and CA.1, CA.2, CA.3, CA.4, CA.10, CA.12, 13, 16, 17, 18, 21, and 22, we could approve those. Is there a motion to approve those? Commissioner Winton: So moved. Commissioner Regalado: Second Chairman Sanchez: All right. There's a motion and a second to approve those consent agendas. Mariano Cruz: Listen, I want to say something about some items here. I have a right as a member of the public and a taxpayer of the City of Miami. Chairman Sanchez: All right, sir, you're recognized. Commissioner Winton: This is a -- excuse me. Mr. City Attorney, is this a public hearing? Mr. Cruz: Always, always you can talk about (UNINTELLIGIBLE). Commissioner Winton: Excuse me. I didn't ask -- City of Miami Page 32 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Jorge L. Fernandez (City Attorney): No. Commissioner Winton: -- you. I asked the City Attorney. Mr. Fernandez: No, it isn't a public hearing, and he has no right to speak on your consent agenda -- Mr. Cruz: No. Mr. Fernandez: -- except if you allow him to. Chairman Sanchez: If this Commission would allow it, and if you -- how many people want to speak on the items? Mr. Cruz: On Item 12. Chairman Sanchez: Item 12. Commissioner Allen: Item 12. Mr. Cruz: Yeah. Chairman Sanchez: All right. Item 12, we'll go ahead and allow you, sir. Go ahead. Mr. Cruz: Yeah, OK, you should. Commissioner Allen: Well, yeah, that was a previous one, yeah. That's -- Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. It surprise me when I read all of these things, they always found money; all this plan and the more money, $200, 000 more dollars, and now there is no money for the living wages or the people that cleaning the parks there, 7.73 and hour. People have been working for five, ten years, still making the same amount of money they were making. I don't know if you all -- you know that. Well, I know that because I talk to them, you know, and that's obscene that people are making 70 -- 7.73 an hour. Thank you. Chairman Sanchez: OK. Sir, I believe you wanted to speak on the item, 13. All right. Joe Simmons, Jr.: Joe Simmons, Jr., president of the Solid Waste Department Union. I want -- I had a couple questions in reference to CA.13. I don't see any pricing for this contract, and I just, as a member of the public, are concerned of what this will actually cost the City. After Hurricane Katrina, we basically have our personnel out there working to clean up some of the debris, and there have been citizens that are complaining about the level of service that they received Currently, under our trash collection, we have a five-day schedule. The city is divided into five sectors, and the orders that my folks are given that -- for example, Monday is the collection day. Those people are directed to serve in that area, to collect material, where by the end of the day, if the area is not completed, in our minds, we're under the impression that we should be going back the following day to make sure all of the area of our Monday's collection is completed but what's being done is that area's not being completed and they are going to Tuesday's area; Wednesday, Thursday, and Friday, and those prospective dates. That's why, in some areas, you don't have trash being picked up. I live in Model City, District 5. It took the City two weeks to pick up some debris that was created at my home. I live at 1798 Northwest 57th Street. Two weeks. I took my vehicle, I drove around the city. I toured many areas of the city, and there are folks still not satisfied because their debris is not picked up. Drove down Bayshore Drive, there are numerous piles of debris that haven't been picked up. We serve the City of Miami Page 33 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 public, and the public deserves good service. If you are engaging a private contractor, which you are attempting to do today, you're saying to the citizens that you have not given them, number one, an opportunity to bid on some of this work. There's one or two companies that has the contracts for all of this work besides us, and there are minority contractors that are registered on the City's website that should be given an opportunity. Chairman Sanchez: All right. I think that needs to be addressed by management. Commissioner Winton: Yeah, and not us. This is a management issue. Vice Chairman Gonzalez: But if you allow me. Commissioner Winton: This is day-to-day management. This has nothing to do -- Mr. Arriola: Let -- Commissioner Winton: -- with policy. Mr. Simmons: But this is being approved today -- Mr. Arriola: Let me say something. Mr. Simmons: -- by this governing body. Commissioner Winton: That has not -- there -- Mr. Arriola: Let me say something here. This man has no right to come in here and criticize, just because today -- the only reason he's here today is for a very political reason because today I had an argument. I threw him out of my office for something very, vet); poorly done. I -- by the way, it hasn't been two weeks since we cleaned Model City because I've been in Model City. You might have not been in Model City. Mr. Simmons: I live in Model -- I live -- Commissioner Allen: Wait. Mr. Arriola: Well, you haven't -- Commissioner Allen: Mr. Chairman. Mr. Arriola: -- looked very -- Mr. Simmons: -- in Floral Park. Commissioner Allen: Mr. Chairman. Mr. Simmons: I live in Floral Park -- Mr. Arriola: You haven't looked very close -- Commissioner Allen: Mr. Chairman. Mr. Simmons: -- and what you said this morning was out of line. Commissioner Allen: Wait, sir, sir -- Mr. Chairman. City of Miami Page 34 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Mr. Arriola: No, you were out of line. Chairman Sanchez: Yo. Commissioner Allen: Mr. Chairman, Mr. Chairman. Mr. Simmons: You don't call someone and make threats. Commissioner Allen: Right. That's right. Mr. Chairman. Mr. Simmons: You don't make threats. Mr. Arriola: You got it, you got it. Commissioner Allen: Respectfully -- Chairman Sanchez: Yo -- Commissioner Allen: -- Mr. Chairman. Chairman Sanchez: -- listen -- hey, listen, control. Commissioner Allen: Yes. Chairman Sanchez: I run this Commission meeting. We're going to have respect -- Commissioner Allen: Respect, right. Chairman Sanchez: -- and we're going to have decor. We are in the eyes of the public, and we are all statesmen, so please, I will not allow it, as the Chair, for this meeting to get out of order, so having said that, and we -- sir, as the Chair, I was kind enough to open up so you could talk, because you're not -- under CA, consent agenda, you're not required, so we're not going to get into that, so you're -- you have state -- sit down. The Administration is going to address that, and we'll let the Commissioner, and that is it. Vice Chairman Gonzalez: Mr. Chairman, if you allow me. Mr. Simmons: I understand that. Chairman Sanchez: All right, so don't -- so hold on, hold on, so it is your turn, sir, to speak. You've already had an opportunity to state for the record your concerns, so at this time, we'll let the Administration address that, and then we'll bring it back to the Commission. Sir, you have the floor. Mario Soldevilla: Mario Soldevilla, director of Solid Waste. First of all, let me say that I have nothing but praise for the job that our City forces have been doing. Commissioner Winton: Everybody's had that praise for them. Mr. Soldevilla: Everybody has, and I know that they have been doing a terrific job, excellent. Now, the reason that - not that we do not go during the regular routes that we normally do or never -- the sections that we do on a weekly basis is because this is an emergency. There is, in fact, debris all over the city. That is the reason why we have contracted with two outside contractors to assist in this effort. City forces have been working. They work their regular City of Miami Page 35 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 areas. The contractors have been assigned specific areas in which they work, and we are pretty much doing a follow-up job behind what they have done. Now, so far, every section of the city has been touched at least once. All of the sections of the city have been touched at least once, and we were -- we are going to continue this effort all the way through September 15. At which time, you know, we had asked all of the citizens to have all of their hurricane debris out by then so that we can complete the pickup of the city by the end of this month. Following that, we are going to go through the streets so that we can do a sweep of the streets so that we can pick up any loose debris, and we can clean up the streets to the level that they have been, you know, that the city is accustomed to, so this effort would not have been possible without outside forces assisting the City to do its cleanup. At one point in time, we have in excess of 120 crews that were throughout the entire city doing the pickup of debris. You know, I don't know what else to say. Glenn Marcos: Commissioners, Glenn Marcos, Purchasing director. I want to actually rebut one of the statement that the gentleman ended up making that there's no pricing within this contract, which is not accurate. If you look into your agenda package, you're going to end up looking at page 18, which is in the middle portion of your packet. There are unit prices listed within the actual agreement. There is no way that I would have approved a piggyback off of a Marion County contract without stipulated prices. This is in accordance with FEMA (Federal Emergency Management Agency) regulations. Of course, you're not going to have a not to exceed contractual amount because this is going to be done on an emergency basis, so just let the actual record reflect that there are unit prices within this contract. Commissioner Allen: Right. Mr. Marcos: Thank you. Chairman Sanchez: All right. Commissioner -- Commissioner Allen: Yeah. Chairman Sanchez: -- Allen, Commissioner Gonzalez -- Vice Chairman Gonzalez, and -- Commissioner Allen: Just a quick comment -- Chairman Sanchez: -- we're going to -- Commissioner Allen: -- Mr. Chairman. First of all, I want to commend you guys for your follow-up cleanup in Katrina, but I also want to state I think it's totally inappropriate for the City Manager to make a personal attack on a gentleman who asked a legitimate question, and the legitimate question was answered by Glenn Marcos, with respect to the unit price. For purpose of decorum, I think that's abhorrent behavior. I think -- frankly speaking -- Are you a City employee or are you -- ? Mr. Simmons: I am a City employee and a City resident. Commissioner Allen: Right, so if any discussion should be -- remain on the issues. There should be no personal attacks on individuals. This is disgusting, it's abhorrent, and I suggest that, Mr. Chairman, we find a way to make sure that the City Manager does not do -- ever do this again. Address the issues that are being questioned, not personal attacks, and I'm not going to sit up here as a Commissioner and see this sort of attack take place before me. It's inappropriate. It's Chairman Sanchez: All right. Let's -- City of Miami Page 36 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Commissioner Allen: -- unethical, and I -- Commissioner Winton: Mr. Manager. Chairman Sanchez: Let me remind all -- Commissioner Allen: -- disagree with it. Chairman Sanchez: -- to maintain - Commissioner Winton: Joe. Chairman Sancehz: -- your professionalism, please. OK. Commissioner -- Vice Chairman. Vice Chairman Gonzalez. Commissioner Gonzalez, sir, you're recognized. Vice Chairman Gonzalez: Yeah. Commissioner Allen, do you want to be part of the -- Commissioner Allen: Yes, sir. Vice Chairman Gonzalez: -- discussion, or -- OK. I need to commence by commending every City department that has been involved in this cleanup and preservation, and starting with the City of Miami Police Department. Let me tell you, I went out there the night of the hurricane. I was outside until about 10: 30 p.m. The next morning, I went out at 7: 30 in the morning, and I spent all day throughout the city, and I saw the effort of the Miami Police Department, I saw the effort of Solid Waste -- Chairman Sanchez: All right. Let's maintain -- Vice Chairman Gonzalez: -- and I saw the work -- Chairman Sanchez: I'm sore for the interruption, Vice Chairman Gonzalez. Vice Chairman Gonzalez: -- that every department has done in reference to this hurricane. Based -- you know, addressing the statement that you made that still there are piles of trash in your district, let me tell you, there are piles of trash in my district there still. There are still piles of trash in Commissioner Regalado's district because I have gone by his district. Chairman Sanchez: It's piles in mine. Vice Chairman Gonzalez: I have gone by Commissioner -- by Chairman Sanchez district, there are still piles, but let me tell you, if it wouldn't been -- and this is my personal appreciation -- because of these companies, we will had trash in the City of Miami for the next 20 years, OK, because Solid Waste doesn't have the resources to do -- dump -- no -- Commissioner Winton: This isn't a debate. Vice Chairman Gonzalez: No. Chairman Sanchez: Look -- Vice Chairman Gonzalez: It's not a debate. Commissioner Winton: It's not a debate. Chairman Sanchez: -- sir -- City of Miami Page 37 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Vice Chairman Gonzalez: It's not a debate. Mr. Simmons: OK. Chairman Sanchez: -- sir, let's -- please sit down. Vice Chairman Gonzalez: It's not a debate. Chairman Sanchez: I'm being -- Vice Chairman Gonzalez: I don't want to debate it. Chairman Sanchez: OK, this is not a debate. Vice Chairman Gonzalez: I'm just making a point, OK? Chairman Sanchez: This is not a debate. Commissioner Winton: It's not a debate. Vice Chairman Gonzalez: We don't have the resources to do a major cleanup that the one that needs to be done in the City, and let me tell you, what I'm telling you now here, I have told my constituents. We have to be patient. This has been an emergency, and we're working to address the problems, and the City is going to address the problem. The Administration is going to address the problem, but it's going to take time. It's going to take time, you know, and I have to commend your department and I have to commend you for the work because I was telling some people about a month ago, before the hurricane, you know, we have to commend the Solid Waste Department because with the problems that they are having with the trucks and all that, they don't fail to pick up garbage one single day a week. They're working out there until 9 and 10 p. m. at night, and that needs to be commended, so you know, I'm very proud of the work that you do because I myself have properties in other cities. Well, let me tell you, the service is far, far, far to be compared with the City of Miami service. What happen is that we provide such a good service -- we're a city that we provide two pickups a week, OK, garbage, and one pickup every single week. That doesn't happen in any other city in the county, or probably the state, and people are used to that, and people believe that we need to clean up the city after a hurricane in one day, and that is impossible. That is impossible. It's going to take time, and again -- I'm going to tell you again -- if it wouldn't have been because of these companies that are working to help you clean up the city, it will take us 20 years to see the city back on the same stage that we had it before. Another problem that I want to address, and it's not related to this, but if you allow me, Mr. Chairman, it's going to take me just two seconds. I -- Mr. Manager, I don't know what we're doing in the City of Miami Police Department because we had police officers out there working 16 hours, you know, and we had -- having certain emergencies that we had, we had police officers directing traffic. I don't know what happened to the concept of the service pub -- public service aides. I didn't see any public service aide anywhere, you know, and that is a problem that we need to reinstate. First of all, you don't have to be a sworn officer to direct traffic, and you don't have to be a sworn officer to write an accident report, and that would alleviate the charge that the actual sworn officers have in top of you because, let me tell you, they need to be commended The Miami Police Department, once again, need to be commended for the work that they were doing during this crisis. I mean, I was out there all day on Thursday -- the Mayor was out there; we met. He was out there -- I'm sorry, on Friday, also on Saturday, and these police officers were there when -- taking into consideration that, after working 16 hours, when they went home, they couldn't sleep because they didn't have air conditioner, or they didn't had, you know, the commodity to rest to go back for another 16 hours, so they need commended, and the people that are watching this needs to thank the services that we're City of Miami Page 38 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 providing. I mean, we have excelled. We have excelled in our commitment to service our residents. We are not perfect. We are not perfect, and we don't pretend to be perfect, but let me tell you, we are doing a great job. My personal feeling is that we are doing a great job, so thank you very much. Chairman Sanchez: Commissioner -- Mr. Arriola: Commissioner -- Chairman Sanchez: -- Regalado. Mr. Arriola: -- can I address the PSA (public service aide) for two -- for him? You know, I did not know about the history of the PSA, but you're 100 percent right, and I don't know if you know that Assistant Chief Frank Fernandez started as one, so I could not agree with you more. This storm showed us that one of the things that we're lacking that we need to build on is creating a bigger PSA system because for all our traffic jams and all the problems - Commissioner Winton: Keep up. Mr. Arriola: -- that we have, which by the way, you know, County did not take care of any of it, we need that secondary force to take care at the moments of crisis, and I could not agree with you more. We're looking at that, and we're definitely going to fund a bigger PSA because we need it badly. Chairman Sanchez: All right. Mr. Arriola: You're right. Chairman Sanchez: Commissioner Regalado, and then we're done, and we'll proceed with the consent agendas. Commissioner Regalado: Thank you very much, Mr. Chairman. I think that every one of us in our office have received complaints about the debris and the debris left in our areas when the primary pickup was done by some companies. The reason that we received many complaints, at least in my office, is because of the great work that the Solid Waste Department does. When they pick up the trash, they go out of the way even to sweep the street and pick up up to the last leaf. This is what the citizens of Miami are used to, so when we brought these companies, they took this backup machinery, lifted -- mind you, in my block, they broke a swale area and the curb -- and left debris throughout the street. That upset residents because we, as a resident, spend Friday, and Saturday, and Sunday gathering all the trees fallen, and put them in one place, and trying to keep our homes neat, and I really believe that next time, if there is a next time, hopefully not, we check the equipment. We understand that the pattern that Solid Waste use should be the one that should be followed by that company. I understand that the huge trees that were uprooted cannot -- will not be able to be pick up by the small cranes of the Solid Waste, so I understand that, but what the residents complain is the amount of debris left in the street. After the first pickup was done, it look like a war zone in the different blocks in our -- and I, you know, live and I work in the city, and I went around and went around and that is what I saw. The good work of the Solid Waste Department is what made people compare and made people complain, and to you, I really apologize because, after all, you are great employees of the City of Miami. We're proud of you, regardless of what they say, regardless of anybody who will say something to you. I -- we're proud of you and we thank you for the work that you do. Chairman Sanchez: Thank you so much. All right. We'll go ahead and basically -- Madam Clerk, let's maintain a little order here. We -- the items that have been pulled, can we -- need a motion to approve the remaining of the consent agenda, and I'll read -- City of Miami Page 39 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Commissioner Allen: I make the motion, Mr. Chairman. Chairman Sanchez: OK, there's -- Priscilla A. Thompson (City Clerk): We already have a motion. We're just waiting on the vote. Chairman Sanchez: All right. Commissioner Allen: OK Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries, and now you got to bear with me because we're going down the list. Commissioner Allen: Right. City of Miami Page 40 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 M.1 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ 05-00934 DISCUSSION ITEM DISCUSSION REGARDING AN UPDATE FROM SUPERINTENDENT OF SCHOOLS, RUDY CREW AND CHAIRMAN OF THE SCHOOL BOARD, FRANK BOLANOS IN REFERENCE TO THE STATUS OF THE SCHOOLS LOCATED WITHIN THE CITY OF MIAMI. 05-00934 E-mail.pdf Discussion on the item resulted in the resolution below: (M.1) 05-00934a RESOLUTION Office ofthe Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO INITIATE PLANNING AND THE OTHER PROCESSES NECESSARY TO EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU") TO CREATE AN EDUCATION COMPACT BETWEEN THE MIAMI-DADE COUNTY PUBLIC SCHOOLS AND THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE A MOU FOR SAID EDUCATION COMPACT; FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED MOU TO THE CITY COMMISSION FOR 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-05-0498 Chairman Sanchez: So having said that, we'll go into the consent agenda, but before we do that, Mr. Mayor, we'll take you out of order, sir, because I realize you're busy and you have some guests here you want to introduce and speak on an item that it's your initiative, so you're recognized, Mr. Mayor. Mayor Manuel A. Diaz: Thank you, Mr. Chairman and members of the Commission. We do, in fact -- we are honored today by the presence of some very good friends, and let me just introduce them. I will first introduce Agustin Barrera, who is a member of the Miami -Dade County School Board, joining us today. The chairperson of the School Board, Frank Bolanos, would have liked to have been here also today as well, but he was traveling. Of course, many of you know Superintendent Rudy Crew, who also joins us this morning, and then we have some members of his cabinet, Alberto Carvalho, Joe Garcia, and Rose Diamond I'd like to welcome them all to City Hall. As you may have read a couple days ago in the newspaper, this is really a historic day for all of us. I know that all of you share the concern that I have for the education of our children in our City schools, and we have worked during the last four years to create as many programs as we've been able to create within the limitations that we have and with the resources that we have. As all of you know, we have several mentoring programs in many of our parks. We've created some great after school and summer programs. We've wired many of our parks to allow our children to go in and receive tutorial and to have access to the Internet and just computers, so that they can do so many of the homework that is required today that requires that City of Miami Page 41 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 use, and so what this is about is about pooling our resources. The City has resources. Obviously, the school system has resources, and as all of you know, as well, we really have had a disconnect between local government and the school system in years past, but all of you also recognize the fact that there is no way that we can continue to build the world -class city that all of us want Miami to become unless we have an outstanding educational system for our children today in Miami, and for the future children of Miamians that are moving into our city. This is a living and breathing document that you have in front of you in this compact. This is not -- propose to have all of the answers to all of the problems that we have in the school system, but it is a start, and a start that I know that all of you believe we need to take because we owe it to the children of our community, and so I would ask that you support this first, very important step in working with the school system to build a better city. They will be back. Part of this compact is that we will be attending School Board meetings, as we did yesterday, and we will continue to attend them in the future, and they will continue to come before you and give you periodic updates on the state of our City schools. I think this is an excellent opportunity. I am so pleased that the School Board voted for this compact unanimous -- unanimously yesterday, and I want to thank Dr. Crew and his staff for all of the time and effort that went into producing this document. I would like to introduce Agustin Barrera to say a couple of words on behalf of the School Board. Agustin Barrera: Thank you, Mr. Mayor, Mr. Chairman, Mr. Vice Chairman, Commissioners, and Mr. Manager. It's a great day, in not only the City of Miami, but in this community. I can remember just a few years ago the only press the School Board got was bad press, and I think it's a tie that has been changed. We now have the right mix on our board. We're doing a lot of incredible things in the community. This education compact is only one of the great things that was approved yesterday on our board. We also approved unanimously to work with the Children's Trust, to work with Miami -Dade Health Department, to make sure that our kids not only get the mental food that they get, but also the health that they also need because we have to educate the whole child We've come to the realization it's not just about reading anymore or arithmetic. It's about social services. It's about mental health services. Now it's about health services. How can a child learn when he has a toothache? How can a child learn when he has a fever? So we understand that. We also approved unanimous yesterday another community that's put their faith in the school district. Sunny Isles Beach donated $8.5 million to the school district to buy two acres of property in their community to buy a -- to construct a public school, so we can see the faith now that is being developed between communities and the school district. We -- the way I see it is, we, as a board are educating your constituents. We're educating your children. The fact that for so many years we did not work together perplex me. How could we work on our own and you work on your own? We have to work together. This compact that we see here before us is a living document, it's a working document. It not just talks about education, but it talks about services that we're going to provide to the children all the way from "A" to "Z, " all the way from Pre-K (pre -kindergarten) to high school, to vocational; to make sure that this community is one that -- and this city is one where everybody wants to live, and I'm going to turn it over now to Dr. Crew, and he'll talk to you about the details of this compact. Thank you. Rudy Crew: Thank you very much and good morning to all. It's my first opportunity to be here, but I think, as the Mayor has indicated, we have a long-standing relationship that hopefully will endure over the course of many, many more years, and to wit, I believe that what we have before us is a monumental task, and that is the education of all the children in this community. Much of our conversation when we get together, oftentimes after the day, is centered on how to ultimately sort of organize our two organizations such that we ultimately could hit some major league targets on behalf of children. This compact really solidifies an agreement as to both what those targets are, but also how we will collaborate in using our own resources, the talents of our respective staffs, to being able to actually do that. You'll note that we've organized this in really three ways; one is about improving academic programs, particularly with an eye toward accomplishing the goal of having both as -- Mr. Barrera just indicated of having early learning City of Miami Page 42 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 centers, or early childhood centers, available for people who come and live in the City of Miami. It makes a difference to a family that there are schools available to their children who are very young. Younger families are, in fact, moving into the city, and to the extent that this development and this growth continues, many of those families will be asking the question, where can we put our children. What kind of schools can we put our children in? How good are those schools? We know that the vibrancy of this community that you and this Mayor and the City Manager have really brought back into a state of great nobility is only going to continue to the extent that the school system works, and when people can have a good answer to the question of where will I put my child, and in fact, that works for everyone. The second thing that we did was talk about this from the standpoint of capital infrastructure. We know that we're going to be building a good number of schools over the course of the next several years. Our capital plan has been the design, and really, the creation of Rose Diamond and her team, and that capital plan calls for, among other things, new high schools, and new early learning centers, et cetera, both here and throughout the county. For us, the question is, OK, even if you're going to build them, what are you going to put in them. What would be attractive to a community that would want to have their children put in these schools? So we're looking at an all -girls school, for example. We're looking at a leadership school. We're looking ultimately at providing a commuter school. We're looking at ways by which to really provide connections between the world of work and our high school curriculum so that youngsters, when they do finish a high school curriculum here, they really aren't just walking out with "a diploma " They're walking out with a mastery of the skill and a readiness for the 21 st century, and the last thing we said was that this has also got to be about the community and the community's involvement, and that's why this is really so important to us. We think that this compact really does invite the community to help us in building a better Miami. One of the things that I've often bemused is the fact that, as a New Yorker, there is one city. There's one New York, and it's really one New York for everybody. One of the things that I know the Mayor has been dwelling upon and pushing in my head has been this is about one community, one good school system, and one fabulous opportunity for every single child, and that's what this compact signifies. Thank you very, very much, and I, again, hope that you will approve it this morning. Commissioner Allen: Mr. Chairman. Chairman Sanchez: Yes, sir, you're recognized Commissioner Allen: Yeah, Dr. Crew, if you would, please. Mr. Crew: Yes, sir. Commissioner Allen: Can anyone expound on, for example, in my district, which is largely the inner city, I have basically four or so public high schools, and arguably, they have such failing grades, according to state standards, and some of those schools have been improving condition, but is there a plan in place with respect to that, either changing the curriculum or -- I don't know. I just need to have some sort of -- Mr. Crew: Yes. Commissioner Allen: -- assurance. Is there an action plan in place relative to that issue? Mr. Crew: Yes, there is, sir. We anticipate that -- as a part of this compact, first of all, one of the outcomes will be that, within the next three years, we will eliminate anything that is below a Commissioner Allen: OK Mr. Crew: So that means changing the curriculum. City of Miami Page 43 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Commissioner Allen: Right. Mr. Crew: It means overhauling the school. It may mean changing leadership, teachers, programs, everything except the children. Commissioner Allen: Right. Mr. Crew: We will ultimately be redesigning those schools and redesigning, in many cases, the architecture of those schools, so that they actually are designed to accommodate a new kind of curriculum. Obviously, the issue of overcrowding, in some communities -- maybe not necessarily yours, but in some, that's been a huge manifestation of how those schools have had to struggle in terms of being able to succeed. We think that parents and parents belonging to their school and engaging in their child's education through the parent academy that Mr. Carvalho runs is going to be an important part of this, so we've got a full -court press, if you will, on the issue of achievement. This is a laser -like focus on schools. I don't know -- I'm not sure I'm familiar with your particular area, butt can tell you that what we have essentially done here is to literally say out loud by our mutual commitments, that it's not good enough to simply have an OK school. We want an excellent school -- Commissioner Allen: Right. Mr. Crew: -- and that's what we mean by nothing less than a `B" here, so we will be changing our programs. We'll be adding literacy programs. In many of our poor performing schools, we've got after school and tutorial programs, a longer day, a longer year. We're paying teachers more to remain in the school for -- to teach a longer clay and a longer year; a tremendous focus on the acquisition of reading skills and language skills, so that they'll ultimately be able to eat this FCAT (Florida Comprehensive Assessment Test) and go far beyond the FCAT. This is not about a test. This is about the children and their own development. Commissioner Allen: Right, and one last question, considering what has happened in Louisiana and Mississippi -- of course, I attended college in Louisiana, Tulane and Southern University. What if there was a number of parents and kids that want to relocate here to South Florida? Will our schools be able to absorb those, or is there a plan in place to that extent? Because I'm good friends with the Mayor of Baton Rouge, Kip Holden, and we're going to probably be engaging in discussions where there may be a relocation of a -- many families relocating here to the South Florida market. Mr. Crew: Yes. We have expressed our same concern for not only the families, but obviously, young children who would be coming here with their families, and have opened up our doors to any and all evacuees who ultimately come and who land in Miami. There's clearly enough opportunity, enough room for them. We've made available a policy of simply opening up our doors. They don't have to necessarily have all of the natural -- Commissioner Allen: Right. Mr. Crew: -- you know, immunization and all the other things that -- not immunization, but addresses, and so forth, verification that are needed. That's being done by the State, I might add. Commissioner Allen: Right. Mr. Crew: That's not necessarily just Miami. That's being done by the State. Commissioner Allen: OK, but they would need to get here in a timely fashion to make that City of Miami Page 44 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 decision. If you will, is there a cutoff period? Mr. Crew: No. Commissioner Allen: Because the school is -- the session has started. Mr. Crew: No cutoff period. Commissioner Allen: OK Mr. Crew: We'd accept them the same way as we would anybody else coming in at any point in the year. Commissioner Allen: OK Thank you. Mr. Crew: Thank you. Chairman Sanchez: All right. Any other questions? Mr. Crew: We also, if I might add, members of the Commission, have created under Rose Diamond's leadership and now being handled by Alberto Carvalho, we have a letter actually that memorializes our intent to provide housing for displaced teachers from the Gulf states; teachers that we will need in our system, and unfortunately, are involved in this catastrophe in their respective states, so we anticipate both housing those teachers, hiring those teachers, and ultimately, having them in our midst for a contract period of not less than two years, but more to the extent that they'd want to stay. Commissioner Allen: OK Chairman Sanchez: Commissioner Winton. Commissioner Winton: Mr. Chairman, thank you. I have to tell you that schools have been an issue that I've talked about a lot, including in my first campaign, and I campaigned partially on a platform that, if it were up to me, that I would do one of two things: go to the Legislature and get them convinced that we ought to break up the Miami -Dade County Public School System and create multiple districts in the county, allow more charter schools, work with the Mayor to take all this -- anything we could think of because we were so -- I think much like the voters used to be in the City of Miami, they were so fed up with the City of Miami that they were willing to try any alternative. I think many of us felt the same way about the school system, and I can't tell you how pleased I am with the performance that your new board and you have brought to the table. I can't tell you how pleased I am with this new initiative that you all have created in a partnership with the City of Miami. I think this is probably unprecedented in -- maybe in the history of the City of Miami, where the school system and the City of Miami are working as partners to address the great needs we have in our city, and I am thrilled to death, and I can tell you that you all are going to get whatever support that you need from me personally, both as an elected official and as an individual, and I'm just happy, and the conversation with anybody out there that I have today about the school system is about how much improved they are versus trying to figure new ways to change what was a broken system, so thank you for your leadership. We're thrilled to death, or at least I'm thrilled to death. Mr. Crew: Thank you so much. That's very much appreciated. Chairman Sanchez: Anyone else? If not, as the Chair, I would be last. I am a strong believer that it takes a village to raise a child. Education starts at home, and it finishes at school. These issues are regional. I've said it ever since, and it's just great to see that we're coming up with City of Miami Page 45 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 other possibilities, other programs to make sure that there are more opportunity for our children to focus on the future, which is in education. People need to realize that without an education, life is going to be tougher, and if we don't educate them now, and we don't provide the opportunities that may not be there now, they'll end up in our streets affecting our cities and other cities, so it is a regional issue, and I'm telling you that this should be an example throughout South Florida to have other cities work with you to make sure that all the necessary resources are out there to make sure that we set an example, just as we're setting it here today, so let me take the opportunity to praise the Mayor and yourself and the leadership for having that vision to create all the possibilities that may not be there today. Thank you. Mr. Crew: Thank you very much, sir. Chairman Sanchez: All right. Thank you so much -- Mr. Crew: Thank you. Chairman Sanchez: -- and I believe we're going to take one item -- Mr. Mayor, is that -- do you have another item? Joe Arriola (City Manager): (UNINTELLIGIBLE) need your vote. Mayor Diaz: We need a vote. Chairman Sanchez: Oh, we need to vote? OK. Is there a motion? Commissioner Winton: So moved. Chairman Sanchez: There's a motion -- Commissioner Allen: Second Chairman Sanchez: -- by Commissioner Winton -- Commissioner Allen: Second Chairman Sanchez: -- and a second by Commissioner Allen. The item is under discussion. Any discussion from the Commissioners? 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. Thank you so much, pleasure to have you here. M.2 05-00958 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT OF $25,000, FROM THE SPECIAL REVENUE ACCOUNT ENTITLED, "POVERTY INITIATIVE;" ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT TO FUND THE MIAMI DADE CHAMBER OF COMMERCE, INC., TO PROVIDE TECHNICAL ASSISTANCE SERVICES TO THE BLACK BUSINESS COMMUNITY ASSOCIATED WITH THE CONTINUATION OF PHASE II OF THE CITYWIDE POVERTY INITIATIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSE. City of Miami Page 46 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 05-00958 Legislation.pdf 05-00958 Exhibit 1.pdf 05-00958 Exhibit 2.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0499 Chairman Sanchez: All right. Mr. Mayor, do you have another item? Mayor Manuel A. Diaz: There's a couple other short items, if you want me to do -- Chairman Sanchez: Yeah, let's go ahead and get them all out of the way because we're going to try to get one -- Commissioner Regalado has one item that we're going to try to get out of the way, too. Mayor Diaz: OK, the -- thank you, Mr. Chairman. There's a couple of short items. I've got some staff with me here who can explain in greater detail, if necessary. The first one is a resolution where I'm asking for approval of a funding of 25, 000 from my antipoverty initiative account, and this is to provide funding for the Miami -Dade Chamber of Commerce to provide technical assistance services to the black business community associated with the continuation of Phase II of our citywide poverty initiative. Chairman Sanchez: All right. Is there a motion? Vice Chairman Gonzalez: Move it. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Winton: Second Commissioner Regalado: Second Chairman Sanchez: Second by Commissioner Winton. 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. M.3 05-00962 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT , IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY, TO PARTICIPATE IN THE FUNDING OF LANDSCAPING IMPROVEMENTS TO 1-95 IN DOWNTOWN MIAMI; AS MORE PARTICULARLY DESCRIBED HEREIN. 05-00962 Legislation.pdf 05-00962 Exhibit 1 SUB.pdf City of Miami Page 47 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0500 Chairman Sanchez: And we go to your next item, which is M.3. Mayor Manuel A. Diaz: Thank you, and the last item is a -- authorizing the execution of an MOU (Memorandum of Understanding) between the City of Miami and Miami -Dade County. We're very fortunate, as Commissioner Winton would know, to have Alyce Robertson with us here today, who works, believe it or not, for Miami -Dade County, but she lives in the City of Miami and loves her city, and one thing that Alice loves and we share a passion for, is the greening of our city and creating great landscaping opportunities, and she's been talking to us for a while about beautifying, particularly, the berms alongside of I-95, and this is something that we're actually being given money by the County and the Miami -Dade Community Advisory - - Image Advisory Board that Alice is involved with, to help fund landscaping along I--95 in the City of Miami, and we hope that FDOT (Florida Department of Transportation) follows suit because we all know that the berms in other parts of town look a lot better than the berms in our city, so this a the first step. Chairman Sanchez: All right. Is there a motion? Vice Chairman Gonzalez: So move. Chairman Sanchez: There's a motion by Vice Chairman -- Commissioner Winton: Second Commissioner Regalado: Second Chairman Sanchez: -- Gonzalez, second by Commissioner Regalado. Any further discussion on this item? 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. Ma'am, would you like to -- Commissioner Winton: Yeah, she wants -- Alyce Robertson: I just want to say thank you. Well, first of all -- and I do live in the City of Miami, and I saw Commissioner Winton and Mayor Diaz, the day after the hurricane, out touring the city, as I was cleaning out my debris, and I sent an email to the Mayor to say thank you that the City did clean up very quickly, so I just want to say that as a resident, but I want to say thank you, too, on this partnership. I see a lot more opportunities. My responsibilities for Miami -Dade County are to make our major gateways, and a lot of those major gateways are within the City of Miami, so I hope this is a start of a good partnership that we will have for the future, so thank you. Commissioner Winton: Here, here. Chairman Sanchez: Thank you. Vice Chairman Gonzalez: Thank you. City of Miami Page 48 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Chairman Sanchez: All right. We're going to take one more item -- Commissioner Winton: We didn't vote. Chairman Sanchez: -- out of the order of the clay. Commissioner Winton: Did we vote? Did we vote? Priscilla A. Thompson (City Clerk): Yes. Commissioner Winton: Oh, OK. Chairman Sanchez: Yes, we did. Commissioner Winton: Sorry I didn't vote. Yeah, aye. Chairman Sanchez: Apparently, you haven't had your cup of coffee yet. DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON DISTRICT 3 CHAIRMAN JOE SANCHEZ D3.1 05-00960 DISCUSSION ITEM DISCUSSION REGARDING CO -DESIGNATING SW 25TH AVENUE FROM THE SOUTHEAST CORNER OF SW 7TH STREET TO THE NORTHEAST CORNER OF SW 9TH STREET AS "MANUEL CAPO WAY". 05-00960 E-mail.pdf WITHDRAWN Chairman Sanchez: My D3.1 will be pulled. D3.1 item will be pulled, and then we go to Commissioner Regalado, who is not here, but we'll get back to him. DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 05-00913 DISCUSSION ITEM DISCUSSION ABOUT COMMENTS FROM RESIDENTS CONCERNING TRAFFIC CIRCLES AND OTHER TRAFFIC CALMING DEVICES. 05-0091 3-Memo.pdf DISCUSSED Chairman Sanchez: We move on. City of Miami Page 49 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Priscilla A. Thompson (City Clerk): Thank you. Chairman Sanchez: Let's go ahead and go now to the Commission items, and let's go to D4.1, which is Commissioner Regalado, discussion on traffic circles and other traffic calming devices. Commissioner Regalado: Thank you very much, Mr. Chairman. I have received some requests for information from residents, especially in the Flagami area, regarding the provisional traffic circles. What is happening is that when people try to go around of those provisional circles, they go over the swale, and the streets have been almost destroyed, in terms of the edges of the street. There have been areas that are very difficult. In fact, two vehicles had extensive damage because of the situation. The question that we need to know to go back to the residents and report is when we do the final construction of the traffic circles, and I'm talking specially one on 62nd, then on 64, then on 39th Avenue, on 45th Avenue Southwest, are we going to ask the contractor to fix the edges and the swale area of the street in order to have the area complete? That would be the question. Maly Conway: Mary Conway, Capital Improvements. The answer is yes. The interim installations go in, and then the traffic engineer of record goes out and observes to make sure that the geometrics and that the circles are functioning properly, and the permanent installation is adjusted, and all restoration is done in association with the permanent installation. Though, when we have seen some problems with swale degradation, we have been going back out and filling in those areas on a temporary basis until the permanent construction takes place, and we have a minimum 90-day window from the permanent installation before we can go in -- I'm sorry, from the interim installation before we can go back with the permanent installation, again, to make sure that they're functioning properly as intended, but yes, all the restoration will be done with the permanent installations. Commissioner Regalado: But, Mary, you are aware -- (UNINTELLIGIBLE) I sent you pictures of the total destruction of some of the swale areas, and people -- I guess they want to drive faster than they would you know, before or something, and they go around so fast that there's no degradation, it's destruction of the swale area, so we need to address that because then, at the end of the day, we're going to have the circle, but not the swale area on the streets. Ms. Conway: We recognize that. We've been working with Communications on the public service announcement that's running on Net-9, educating people on how traffic calming and the traffic circles are supposed to function, and we're also addressing it through the engineering to try to fix these issues. Commissioner Regalado: Well, thank you very much. D4.2 05-00940 DISCUSSION ITEM DISCUSSION REGARDING RESIDENTS CONCERNS ABOUT LIVING IN CLOSE PROXIMITY TO ADULT LIVING FACILITIES AND HALFWAY HOUSES. 05-00940-Memo.pdf See also minutes under item PZ 1 which relate to item D4.2. Discussion on item D4.2 resulted in the resolution below: (D4.2) 05-01018 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF, OR ANY OTHER ACTIONS AT LAW OR IN EQUITY TO ENSURE COMPLIANCE WITH ALL APPLICABLE LAWS, WHETHER LOCAL, STATE OR FEDERAL, City of Miami Page 50 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 REGARDING STRUCTURES, USE OR ILLEGAL CONSTRUCTION OR ANY CODE ENFORCEMENT VIOLATIONS WHEN, IN THE EXERCISE OF THE CITY ATTORNEY'S BEST JUDGMENT, SUCH ACTION IS NECESSARY TO PRESERVE AND PROTECT THE PUBLIC'S HEALTH, SAFETY AND WELFARE. 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-05-0537 [This item is related to Item PZ.1. ] Commissioner Regalado: Mr. Chairman, on D4.2, I believe that the City Attorney does have an item, and I would like to defer this for the discussion later on when he has this item because this is regarding adult living facilities. Vice Chairman Gonzalez: OK. [Later..] Chairman Sanchez: All right. Does -- Commissioner Regalado, does that take care of your item, your blue page item? Jorge L. Fernandez (City Attorney): Yes. With regard to that, Ms. Bru will be passing out to you a very short resolution that addresses this concern. The shooting that took place in the early part of the month of August really left us with our hands tied The City Commission was in recess, and we were not able to utilize the tool that I think could be very effective in cases like this, which is to go directly to circuit court and file for injunctive relief to seek a court sanctioning the individuals who are conducting these types of activities. In the past, whenever the City Attorney's office has needed to become the plaintiff, or for us -- for the City to file the lawsuit, we always have needed permission from the City Commission to do that. In the absence of a City Commission meeting, we couldn't proceed This resolution that I'm presenting to you is very limited in scope because, in essence, what it says is that -- and let me read the title. A resolution of the City Commission authorizing the City Attorney to seek injunctive relief very specific, or any other action at law or inequity to ensure compliance with applicable laws, whether local, state, or federal, regarding structures, use, or illegal construction, or any code enforcement violation when, in the exercise of the City Attorney's best judgment, such action is necessary to preserve and protect the public's health, safety, and welfare. This is you empowering me to do what we deem to be in the best interest of the City from a legal perspective, with regard to filing lawsuits so that we could get, on an emergency basis, in court and tackle the issue while the issue is hot, and not four, or five, six weeks later, as the case may be. I would always be on a reporting basis to you whenever we exercise this best discretion of mine. I would immediately notify you in writing. I will come to you at the next Commission meeting, whenever that is, and explain to you why I deemed it essential to take this action in circuit court, so I really would beg this Commission to defer to my best judgment in these types of cases, and grant me the authority to pursue these types of relief. This is an additional tool that Commissioner Regalado was mentioning. Chairman Sanchez: Commissioner Regalado, have you had an opportunity to read the resolution? Commissioner Regalado: Yes, Mr. Chairman, and I move the resolution. City of Miami Page 51 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Chairman Sanchez: All right. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion on the resolution presented to us by the City Attorney. There's a second It is a resolution. Any discussion on the item? If not, I just would like to say that this is basically the proper channel to take in this entire process, that we do have -- and the only teeth that we do have is through code enforcement, making sure that if there are violations, or there are irregularities that are being done in those establishments, of course, by the agencies that oversees them, that we need to work together to make sure that we do everything that we can to improve the quality of life in that -- in those areas because, you know, we've all seen the dark side of ALFs. Not all of them are bad - Mr. Fernandez: No, exactly. Chairman Sanchez: -- but there are some ALFs that refuse to do what they're supposed to be doing, and I think that we, as the local government, need to take whatever action we may need to take to remedy their violation, so having said that, it's a resolution on the table, all in favor, say "aye. The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): I'm sorry. I need a second. Chairman Sanchez: I'm sorry? Ms. Thompson: I need a second to the motion. Commissioner Allen: I second. Vice Chairman Gonzalez: I second it. Chairman Sanchez: No, Vice Chairman Gonzalez second it. Ms. Thompson: Oh, I'm sorry We didn't hear it. Thank you. Chairman Sanchez: I'm sorry The motion was made by Commissioner Regalado for the resolution, and it was second by Vice Chairman Gonzalez. Ms. Thompson: Thank you. Chairman Sanchez: And it was voted unanimously, so we approved that resolution. D4.3 05-00941 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $5,000, FOR THE THIRD ANNUAL DRAGON BOAT RACE; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. 05-00941 Legislation.pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 52 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Absent: 2 - Commissioner Sanchez and Allen R-05-0524 Commissioner Regalado: So ifI -- moving to D4.3, this is the special event Bind of District 4. A resolution of the Miami City Commission authorizing the allocation of funds, in an amount not to exceed $5, 000, for the 3rd Annual Dragon Boat Race; allocating funds from the District 4 special events nondepartmental account, and this is because, as you know, MSEA (Miami Sports and Exhibition Authority) is not funding sports and tourism activities, not on this cycle, so that would be my motion. Vice Chairman Gonzalez: OK. We have a motion. Do we have a second? Commissioner Winton -- Commissioner Regalado: Yeah, he second. Vice Chairman Gonzalez: -- do we have a second? Commissioner Winton: Second Vice Chairman Gonzalez: OK. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: Motion carries. D4.4 05-00942 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN THE AMOUNT NOT TO EXCEED $2,000, FOR THE ANNUAL FESTIVAL TO BE HELD AT OUR LADY OF LEBANON CATHOLIC CHURCH; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. 05-00942 Legislation.pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Absent: 2 - Commissioner Sanchez and Allen R-05-0525 Commissioner Regalado: This -- D4.4, a resolution of the Miami City Commission authorizing the allocation of funds, in the amount not to exceed 2,000, for the annual festival to be held at Our Lady of Lebanon Catholic Church in District 4; allocating funds from the District 4 special events nondepartmental account in the City of Miami. That would be my motion. Vice Chairman Gonzalez: OK. We have a motion. Do we hear a second? Commissioner Regalado: Second Commissioner Winton: What? Vice Chairman Gonzalez: Second. City of Miami Page 53 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Commissioner Regalado: Second Commissioner Winton: OK. Vice Chairman Gonzalez: Second. All in favor, say "aye." The Commission (Collectively): Aye. D4.5 05-00943 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, TO THE MIAMI BASEBALL ACADEMY; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. 05-00943 Legislation.pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Absent: 2 - Commissioner Sanchez and Allen R-05-0526 Commissioner Regalado: D4.5, a resolution of the Miami City Commission authorizing the allocation of funds, in an amount not to exceed $1, 000 to the Miami Baseball Academy. This is a daily academy that functions in Shenandoah Park, and they are increasing their capacity, and allocating funds from District 4 special events nondepartmental account code -- so move. Vice Chairman Gonzalez: OK. We have a motion. Do we need a -- We need a second. Commissioner Winton. Commissioner Winton: Second 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. D4.6 05-00944 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $13,500, TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT FOR SOCIAL SERVICE ACTIVITIES IN DISTRICT 4; ALLOCATING FUNDS FROM THE DISTRICT 4 OFFICE BUDGET NON -DEPARTMENTAL ACCOUNT NO. 001000.920919.6.930. 05-00944 Legislation.pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Absent: 2 - Commissioner Sanchez and Allen City of Miami Page 54 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 R-05-0527 Commissioner Regalado: The last item is a resolution of the Miami City Commission authorizing the allocation of funds, in an amount not to exceed $13,500, to the Department of Community Development of the City of Miami for social service activities in District 4; allocating funds from the District 4 surplus office budget of this fiscal year. This will be used by Community Development on next year, on the cycle for social programs in District 4. Vice Chairman Gonzalez: All right. Commissioner Regalado: So move. Vice Chairman Gonzalez: We have a motion. Do we hear a second? Do we have a second? Commissioner Winton: Well, let me -- can I talk before I second? Commissioner Regalado: Sure. Vice Chairman Gonzalez: Yes, go ahead Commissioner Winton: Because what I'm -- the idea doesn't bother me, but the concept alms beginning to dip into Commission budgets on agency stuff -- Commissioner Regalado: No, but let me explain why. Commissioner Winton: OK, yeah, yeah, yeah. Commissioner Regalado: Let me explain why. Commissioner Winton: Yeah, help me. Commissioner Regalado: When we met with Larry Spring, he said, look, you have a very large surplus that you haven't used. Last year, we could rollover your funds, but now, this year there will be no rollover, so whatever you don't use, it goes back to the general budget. Commissioner Winton: Second Commissioner Regalado: And he suggested that -- Commissioner Winton: Second Vice Chairman Gonzalez: All right. We have a motion and we have a second All in favor, say "aye. The Commission (Collectively): Aye. Vice Chairman Gonzalez: And let me comment on that. I think that's a great idea, and I'm looking into my budget to see if I have any surplus, and I will probably do that because, Johnny, one problem that we're having is that, every year, we having a serious problem with social service programs because of the funding from HUD (Department of Housing and Urban Development), and the limitation of the 15 percent cap, so I think that's a good idea, Commissioner Regalado, and I'm looking into my budget -- Commissioner Winton: But -- Vice Chairman Gonzalez: -- to see what 1 can do. City of Miami Page 55 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Commissioner Winton: -- I tell you, what it does is it opens that door to -- for general fund money, if you will, and once that door is opened, that pit could become endless. Vice Chairman Gonzalez: No, no, no, no, no, no. I'm not talking about general fund -- Commissioner Regalado: No, because it's only the surplus. Vice Chairman Gonzalez: -- money. I'm talking about -- Commissioner Winton: OK. Vice Chairman Gonzalez: -- our -- Commissioner Winton: Just so we keep it there. Vice Chairman Gonzalez: -- office budget. Commissioner Regalado: No, no. It's something that's surplus. Vice Chairman Gonzalez: No, no. Commissioner Regalado: We don't dip into general fund It's only the surplus, and by the way, I'm doing this too because of the special events account -- Vice Chairman Gonzalez: Right. Commissioner Regalado: -- also -- Commissioner Winton: Yeah. Commissioner Regalado: -- we cannot rollover. Commissioner Winton: Right, OK. Vice Chairman Gonzalez: All right. Are you done, Commissioner Regalado? Commissioner Regalado: Yes, sir -- Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Regalado: -- Mr. Chairman. Ms. Thompson: I'm sorry. We need to record a vote. Vice Chairman Gonzalez: Vote. OK, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: Motion carries. Commissioner Regalado: Thank you. D4.7 05-00946 DISCUSSION ITEM DISCUSSION ABOUT THE PROPOSED PLANS FOR THE ROBERT KING City of Miami Page 56 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 HIGH PARK- CARLOS ARBOLEYA CAMPGROUND. 05-00946 Memo.pdf DISCUSSED Chairman Sanchez: All right. We're going to take one more item out of the order of the clay, and that is D4.7, and that item is pertaining to one of the blue pages from Commissioner Regalado, and we have Carlos Arboleya here, who would like to address the Commission. Commissioner Regalado: Thank you very much, Mr. Chairman. When we discuss and approve the concept for the Cuban museum at Robert King High/Carlos Arboleya Campground Park, there was some -- also discussion about plans of the City in terms of the back part of the park. We need to understand and mention that, many years ago, Carlos Arboleya, one of the most well-known community leaders in South Florida, brought from the State of Florida a quarter of a million dollars to help with the different aspects of Robert King High Park. DOT (Department of Transportation) built a beautiful bridge to cross from the front to the back part, and this park is being used as a tradition by the Boy Scouts to have their annual jamboree, which Carlos sponsor. Carlos and the Administration, Alicia, and the Parks Director, Mr. Burkeen, have been meeting, and we are happy to report that -- I believe, Carlos, that everything is OK now with the different aspects of the plan, and now that we can start with the project in the back. We can look forward to the project in the front, which will be the Cuban museum, and practically, Carlos Arboleya Park/Robert King High will be one of the most beautiful areas of our city, so thank you for your efforts and your concerns. Carlos Arboleya: Thank you, Mr. Regalado. For the record my name is Carlos Arboleya, and I reside at 1941 Southwest 23rd Street, and I'm also a member of the City of Miami Parks & Recreation Advisory Board. I would just like to, before I make some comments, clarify, Mr. Regalado, that the $250, 000 did not come from the State of Florida. That came out of my pocket. Commissioner Regalado: OK. Well -- Mr. Arboleya: But -- Commissioner Regalado: -- that's much better. Mr. Arboleya: -- and friend, not only my friends, but the State of Florida did grant us the bridge, which is $1,500,000, at no cost to the City of Miami, so we have -- there are improvements in that park. First, I want to thank Chairman Sanchez, and especially, Commissioner Regalado, as well as Commissioners Gonzalez, Winton, Allen, for listening to my request, and to Mayor Diaz, for his most valuable assistance in the matter. After several meetings with the Administration, we have resolved the issue, achieving a soccer field at the Carlos Arboleya Campgrounds, without the destruction and removal of a large number of royal palm trees that beautify the park, as well as the preservation of other existing facilities, and by this, preserving the beauty of the park. On behalf of the many organizations that use the park, and in particular, the boy and girl scouts that camp there periodically, our thanks to all that helped resolve this matter. Thank you very much, Mr. Regalado, Mr. Commissioners. Chairman Sanchez: Thank you so much -- Commissioner Regalado: Thank you. Chairman Sanchez: -- sir. Appreciate it. OK. DISTRICT 5 City of Miami Page 57 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 COMMISSIONER JEFFERY L. ALLEN City of Miami Page 58 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 PUBLIC HEARINGS PH.1 05-00914 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue 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 SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES; APPROVING THE PROCUREMENT OF PHYSIO-CONTROL CARDIAC LIFE SUPPORT EQUIPMENT MAINTENANCE SERVICE, FOR THE DEPARTMENT OF FIRE -RESCUE, FROM MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC. ("MEDTRONIC"), THE SOLE SOURCE PROVIDER, ON A CONTRACT BASIS FOR A THREE-YEAR PERIOD BEGINNING OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2008, AT AN ANNUAL COST NOT TO EXCEED $49,019, FOR A TOTAL AMOUNT NOT TO EXCEED $147,057; AUTHORIZING THE CITY MANAGER TO EXECUTE A TECHNICAL SERVICE SUPPORT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MEDTRONIC, FOR SAID PURPOSE; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $49,019, FOR FISCAL YEAR 2005-2006, FROM THE DEPARTMENT OF FIRE -RESCUE'S GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.280601.6.270, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. 05-00914 Legislation.pdf 05-00914 Exhibit 1.pdf 05-00914 Summary Form.pdf 05-00914 Memo 1.pdf 05-00914 Memo 2.pdf 05-00914 Memo 3.pdf 05-00914 Public Notice Memo.pdf 05-00914 Public Notice Ad.pdf 05-00914 Letter 1.pdf 05-00914 Letter 2.pdf 05-00914 Certificate from Sec. of State.pdf 05-00914 Award.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0528 Vice Chairman Gonzalez: All right. Let's do -- Commissioner Allen, he doesn't have any blue pages, I believe. No. OK, let's do PH.1. It requires a four -fifth, PH.1. Chairman Sanchez: All right. PH.1, it requires a four -fifth vote. Let's see if we could move along -- Commissioner Winton: So move. Chairman Sanchez: -- Commissioner -- City of Miami Page 59 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Vice Chairman Gonzalez: Right. Commissioner Winton: Move PH.1. Chairman Sanchez: All right. Vice Chairman Gonzalez: Second. Chairman Sanchez: PH.1 is a public hearing. There's a motion and a second. Is there anyone from the public wishing to address this item? Please step forward and be recognized. Seeing none, hearing none, the public hearing is closed at this time, coming back to the Commission for further discussion. No further discussion on this. I believe, it's a -- Vice Chairman Gonzalez: It's a resolution. Priscilla A. Thompson (City Clerk): Resolution. Chairman Sanchez: It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " PH.2 05-00682 ORDINANCE Public Hearing Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Public Works ORDINANCE NO. 11662, ADOPTED MAY 26, 1998, WAIVING BY ORDINANCE THE NOTICE REQUIREMENT OF SECTION 5 OF THE FRANCHISE AGREEMENT ENTITLED "ASSIGNMENT AND TRANSFER;" WAIVING THE REQUIREMENT OF FILING A WRITTEN NOTICE WITH THE CITY CLERK BY FPL ENERGY SERVICES, INC., FOR THE SALE, ASSIGNMENT OR TRANSFER OF THE RIGHTS, PRIVILEGES AND AUTHORITY GRANTED BY THE FRANCHISE AGREEMENT BETWEEN FPL ENERGY SERVICES, INC., AND THE CITY OF MIAMI, DATED JUNE 8, 1998; APPROVING AND CONSENTING TO THE SALE, ASSIGNMENT OR TRANSFER OF THE PRIVILEGES GRANTED UNDER SAID FRANCHISE AGREEMENT TO FPL THERMAL SYSTEMS, INC., NOW DOING BUSINESS AS TECO THERMAL SYSTEMS, INC.; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00682 Legislation FR/SR.pdf 05-00682 Summary Form SR.pdf 05-00682 Summary Form FR.pdf 05-00682 Public Hearing Notice Memo FR/SR.pdf 05-00682 Public Hearing Notice FR/SR.pdf 05-00682- Previous Legislation FR/SR.pdf 05-00682- Previous Franchise Agreement FR/SR.pdf 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: PH.2. City of Miami Page 60 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Commissioner Winton: So moved. Chairman Sanchez: There's a -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- motion and a second, also requiring a public hearing. Is there anyone from the public wishing to address this item, please step forward and be recognized Seeing none, hearing none, the public hearing is closed, and Madam Director, could you put something on the record on the item? Stephanie Grindell: Stephanie Grindell, director of Public Works. This is an ordinance to waive the requirement of f ling a written notice with the City Clerk by FPL (Florida Power & Light) Energy Services for sale, assignment, or transfer of the franchise agreement with the City, and to approve the sale, assignment, or transfer of those privileges to FPL Thermal Systems, now known as TECO (Tampa Electric Company). Chairman Sanchez: All right. Is there any further discussion on the item? If not, it is a resolution -- Vice Chairman Gonzalez: No, it's an ordinance. Jorge L. Fernandez (City Attorney): It's an ordinance. Chairman Sanchez: Oh, I'm sorter. It's an ordinance. Mr. City Attorney, read the ordinance into the record. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted on first -- I'm sorry, passed on first reading, 5/0. PH.3 05-00688 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED " MAHI SHRINE 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. City of Miami Page 61 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 05-00688- Legislation.pdf 05-00688- Exhibit 1.pdf 05-00688- Exhibit 2.pdf 05-00688- Legal Description.pdf 05-00688- Summary Form.pdf 05-00688- Public Notice Memo.pdf 05-00688- Public Notice AD.pdf 05-00688- Public Works Memo.pdf 05-00688- Public Works Ad.pdf 05-00688- Legal Description 2.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0529 Chairman Sanchez: All right. PH 3 is a resolution. Is there a motion? Vice Chairman Gonzalez: Move PH.3. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Winton: Second Chairman Sanchez: There's a second on the record by Commissioner Winton. At this time, 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 for the record coming back to the Commission for discussion. Hearing no discussion, 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.4 05-00917 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "IERI 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 SAID PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. City of Miami Page 62 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 05-0091 7Leg islation. pdf 05-00917 Exhibit 1.pdf 05-00917 Exhibit 2.pdf 05-00917 Exhibit 3.pdf 05-00917 Exhibit 4.pdf 05-00917 Exhibit 5.pdf 05-00917 Summary Form.pdf 05-00917 Public Hearing Memo.pdf 05-00917 Public Hearing Notice. pdf 05-00917 Public Works Memo.pdf 05-00917 Public Hearing Notice. pdf 05-00917 Legal Description.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0530 Chairman Sanchez: PH 4 is also a resolution. Is there a motion? Vice Chairman Gonzalez: Move PH.4. Commissioner Allen: Second Chairman Sanchez: There's a motion by Vice Chairman Gonzalez, second by Commissioner Allen. Before we open up the public hearing, Madam Director, put something on the record. Stephanie Grindell (Director, Public Works): This is a resolution accepting the proposed plat of Mahi Shrine Subdivision, which is located at the southwesterly corner of Northwest -- Vice Chairman Gonzalez: No, I don't think so. Chairman Sanchez: No, no, no. Vice Chairman Gonzalez: PH.4 is -- Ms. Grindell: Sorry, we passed that one. Vice Chairman Gonzalez: -- another plat. Chairman Sanchez: PH 4 is another plat. Vice Chairman Gonzalez: Mahi Shrine, we already did. Chairman Sanchez: Yeah. Commissioner Allen: It's a plat. Ms. Grindell: OK Vice Chairman Gonzalez: PH.4. Ms. Grindell: PH.4 is a resolution accepting the proposed plat ofIERI Subdivision, which is located between Brickell Avenue and South Miami Avenue, opposite Southwest 18th Road City of Miami Page 63 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Chairman Sanchez: All right. At this time, we'll go ahead and open up 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 any discussion. Hearing no discussion on the item, PH.4 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.5 05-00918 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Economic ATTACHMENT(S) BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Development AFTER AN ADVERTISED PUBLIC HEARING, ACCEPTING THE PROPOSED STIPULATED FINAL JUDGMENT AND JOINT MOTION FOR ENTRY, IN SUBSTANTIALLY THE ATTACHED FORM, IN FULL SETTLEMENT OF ALL CLAIMS FOR COMPENSATION FOR NEW BETHANY BAPTIST MISSION, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, FOR THE PROPERTY LOCATED AT 6311-6329 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, IN COMPLIANCE WITH THE MEDIATED SETTLEMENT AGREEMENT ENTERED INTO ON JULY 26, 2005, BY THE PARTIES RESULTING FROM MEDIATION PURSUANT TO COURT ORDER; ALLOCATING FUNDS IN THE AMOUNT OF $1,349,000, FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF ATTORNEY'S FEES AND EXPENSES, SURVEYS, APPRAISALS, ENVIRONMENTAL REPORTS, TITLE INSURANCE AND OTHER COSTS ASSOCIATED WITH SAID ACQUISITION. 05-00918 Legislation.pdf 05-00918 Exhibit 1.pdf 05-00918 Exhibit 2.pdf 05-00918 Exhibit 3.pdf 05-00918 Exhibit 4.pdf 05-00918 Exhibit 5.pdf 05-00918 Summary Form.pdf 05-00918 Public Hearing Memo.pdf 05-00918 Public Hearing Notice.pdf 05-00918 Map.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0531 Direction to the Administration by Commissioner Winton to provide a new schedule of all properties purchased for Little Haiti Park, to include addresses, dates of purchase, purchase prices, square footage associated with purchases, and purchase prices per square foot of land. Chairman Sanchez: We go to PH. S. PH.5 is a resolution. Is there a motion? City of Miami Page 64 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Vice Chairman Gonzalez: Move PH.5. Chairman Sanchez: There is a motion by Vice Chairman Gonzalez. Is there a second for the purpose of discussion? Commissioner Allen: Second Commissioner Regalado: Second Chairman Sanchez: Second by Commissioner Allen. Before we open up for discussion, it's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none -- Commissioner Winton: Discussion. Chairman Sanchez: -- the public hearing is closed coming back to the Commission. Discussion on the item? Commissioner Winton: Discussion. Chairman Sanchez: Commissioner Winton, you're recognized for discussion. Commissioner Winton: What was the appraised value of this site? Laura Billberry: Lori Billberry, Economic Development. We received two appraisals; one for 950, 000, and additional for 930, for an average of 940, 000. The church had also obtained its own appraisal, and for the real property portion, was $1.3 million. This is the settlement of the case where we had acquired title pursuant to a court order, and the church was awarded possession until February of next -- excuse me, March of next year. They were also provided an opportunity to extend for an additional one-year period. This settlement will -- they are agreeing to vacate the property by February 15, 2006, so I can go through the breakdown, if you'd like, of the purchase price. Basically, the City is agreeing to pay $1, 070, 485 for the actual purchase price, which is 14 percent above our average appraise value. We are also agreeing to spend $119, 000 as consideration for them vacating the site and not getting an additional year. They will vacate the site, as I said, by February of next year. The estimated cost, just so you know, for the City having to postpone construction in that area would cost in excess of 239, 000. That's based on estimates our CIP (Capital Improvement Projects) office has been able to obtain. The City will also be paying $10,515 in moving expenses, and by Florida Statute, there is a requirement for 120,000 in attorneys' fees. The current -- Commissioner Winton: What's the 120, 000, that's by statute? Ms. Billberry: Yes. There is a formula in order to calculate what the attorneys' fees are. Commissioner Winton: Only the attorneys, you know. They all -- y'all got -- legislature always taking care of the attorneys. OK. Chairman Sanchez: All right. Commissioner Winton: Wait. I would like something else, though. Could you give -- provide me a schedule -- Chairman Sanchez: That's on PH. S. Commissioner Winton: Yes, this is on PHS. - a new schedule of all the properties you've City of Miami Page 65 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 purchased for Little Haiti Park, and what I would like on that schedule is the address, the date of purchase, the purchase price, the square footage of land associated with that purchase, and the purchase price per square foot of land. I want all the price allocated to land, even if there's improvements on the building -- on the site. Ms. Billberry: I have, I believe, what is going to answer all those questions for you -- Commissioner Winton: OK. Ms. Billberry: -- and if there's something missing, we'll get that for you. Commissioner Winton: Great. Thank you. I'm done. Ms. Billberry: And -- Chairman Sanchez: All right. I -- Ms. Billberry: -- just for the record, this is the last site under the initial acquisitions for all the Little Haiti Park. Chairman Sanchez: Exactly, and we're also paying attorney's fees -- Ms. Billberry: Yes, under this -- Chairman Sanchez: -- it's my understanding. Ms. Billberry: -- yes. Commissioner Allen: Right. Chairman Sanchez: All right. Commissioner Allen: Great job. Commissioner Winton: Yeah, the 120. Chairman Sanchez: It's about time. This is good land acquisition for a great project in that community. OK, it requires a four fifths, so Commissioner Allen is back. Commissioner Allen: Yes. Chairman Sanchez: He has always been here, and has heard every discussion -- Commissioner Allen: Right. Chairman Sanchez: -- for the record, so having said that, it is a resolution requiring a four -fifth. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries, 4/0. PH.6 05-00919 ORDINANCE Public Hearing City of Miami Page 66 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Department of Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE II/SECTION 54-56 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION AND REPAIR/CONSTRUCTION, RECONSTRUCTION OR REPAIR OF STREET IMPROVEMENTS REQUIRED WHEN PROPERTY IS IMPROVED BY CONSTRUCTION OF $25,000.00 OR MORE IN VALUE OR EXCEEDING 650 SQUARE FEET IN FLOOR AREA," BY CLARIFYING THE REQUIRED LIMITS OF THE STREET IMPROVEMENTS OF SAID SECTION; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00919 Legislation.pdf 05-00919 Summary Form.pdf 05-00919 Public Hearing Memo.pdf 05-00919 Public Hearing Notice.pdf DISCUSSED A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, with Vice Chairman Gonzalez and Commissioner Regalado absent, to pass Item PH.6 on first reading. A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to reconsider previous vote on Item PH. 6. A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to deny first reading ordinance, Item PH.6. A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to direct the administration to analyze the pros and cons of proposal to exempt or limit single-family home owners from being required to contribute toward street repairs after excavations. Chairman Sanchez: PH.6 is a ordinance, public hearing. Is there a motion? Commissioner Winton: So moved. Commissioner Allen: So moved. Chairman Sanchez: All right. There's a motion by Commissioner Winton, second by Commissioner Allen. Before we open it up for discussion in the Commission -- Commissioner Allen: Yeah. Chairman Sanchez: -- 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, for the record the public hearing is closed, coming back to the Commission for discussion on the item. Is there any discussion on this item? Commissioner Allen: No. Chairman Sanchez: If there's no discussion, Mr. City Attorney, could you be so kind enough to read the ordinance into the record? The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 67 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. [Later.] Commissioner Allen: Mr. Chairman -- Chairman Sanchez: That takes -- yes, sir. Commissioner Allen: -- before you leave -- Mr. Chairman, could I just go back to PH. 6? I just want to ask Madam -- since she's here with PH.6 item, in terms of what we agreed to pass here. I need just to -- Chairman Sanchez: But, Commissioner Allen, for the purpose of clarification -- Commissioner Allen: Yes. Chairman Sanchez: -- or you got a question? Commissioner Allen: Yeah, purpose of clarification. Chairman Sanchez: All right. Let's go back to P -- Commissioner Allen: We passed -- yeah -- Chairman Sanchez: -- public hearing 6. Commissioner Allen: -- if I could just quickly, the PH. 6 item -- or maybe the City Attorney can opine on this. Actually, what we're doing is, again, amending the Code to include -- to clarify construction and reconstruction, right, for street improvements when property is improved by construction of $25, 000 or more in value, or exceeding 650 square foot in floor area; is that correct? Jorge L. Fernandez (City Attorney): Yes. Commissioner Allen: So, give me an example of that. What that means is someone constructs 650 feet of construction -- Mr. Fernandez: Yes. Commissioner Allen: -- then -- Mr. Fernandez: Addition to your house -- Commissioner Allen: Right. Mr. Fernandez: -- then you're responsible for the -- Commissioner Allen: Street improve -- City of Miami Page 68 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Mr. Fernandez: Yes -- Commissioner Allen: The street improvement. Mr. Fernandez: -- for the sidewalk Commissioner Allen: For the sidewalk Mr. Fernandez: Basically, sidewalk. That's what it's referring to. Commissioner Allen: Right. Basically -- yeah. Yeah, the reason why I'm (UNINTELLIGIBLE) - - and I'm -- I'd also like to have this clarification for the public purposes, as well, for Joe Q. Public out there. The net effect of this ordinance, person builds something that's, perhaps, maybe 600 -- in excess of 650 feet -- square foot. They will be responsible, if you will, for repairing of the sidewalk, as well, if it's necessary. That's -- I'm trying to -- Stephanie Grindell: OK, Stephanie Grindell -- Commissioner Allen: Give me a hypothetical -- Ms. Grindell: -- director of Public Works. Commissioner Allen: -- to -- right. Ms. Grindell: The only thing that we changed -- right now, the way the Code currently stands -- Commissioner Allen: Yes. Ms. Grindell: -- anybody who builds anything that costs more than $25, 000, or 650 square feet, is required to do whatever street improvements Public Works deems necessary. Commissioner Allen: Deems necessary. Ms. Grindell: In the small cases, what we -- pretty much all we have them do is correct sidewalk trip -and -fall hazards, so they might replace an isolated flag or two of sidewalk. Now, depending on the size of the project, we'll ask for more. We may ask them to improve more curb. We may ask them to repave the road, et cetera. Commissioner Allen: Yeah. Well, let's take a typical homeowner -- Commissioner Winton: Read -- Commissioner Allen: -- who decides to construct something in excess -- north of 650 square foot, Public Works can also deem that the sidewalk also needs to be approved before you will get your final CO (Certificate of Occupancy) on that construction, correct? Ms. Grindell: Correct, and that hasn't changed Commissioner Allen: So, I -- see, that's my -- yeah, that's why I -- so that's not a -- I don't know, is that a burden on someone, or -- I mean, how effective is that? That's -- Ms. Grindell: Well, what I would say is -- Commissioner Allen: I don't want us getting into -- City of Miami Page 69 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Ms. Grindell: -- I have received complaints in the past, but in all honesty, I probably receive two a year. Commissioner Allen: OK All right. Fair enough. Commissioner Winton: Well, let me chip in on this because I think that Commissioner Allen is on to something here. I don't care what our current ordinance says. It may be something we want to revisit because -- and I'm not talking about major properties. I'm talking about single-family homeowners -- Commissioner Allen: Yeah, that's what -- Commissioner Winton: -- and $25, 000 is not a lot of money in today's clay and age in remodeling a home, nor is 650 square feet -- Commissioner Allen: Square foot. Commissioner Winton: -- very much square footage, and so if they're going to remodel 700 square feet of their house, living room -- Commissioner Allen: Arguably. Commissioner Winton: -- and all of a sudden, now I got to go out and repave the damn street because the City decides I'm going to repave the street. Ms. Grindell: Well, in most cases, to the private homeowner, the small homeowners, we don't -- not asking them to repave. We're only asking them to fix flags of sidewalk -- Commissioner Winton: But how do I know that? Ms. Grindell: -- that cause a trip hazard Commissioner Winton: You just said our Code allows you to do that. Ms. Grindell: It allows us the discretion to ask for more than that, but -- Commissioner Winton: Right, and -- Ms. Grindell: -- that's not what we generally ask for. Commissioner Allen: Is -- Ms. Grindell: I can't think of one example where -- Commissioner Allen: Right. Ms. Grindell: -- I've asked a private homeowner to do anything other than repair the trip -and -fall hazards on the sidewalk Commissioner Allen: If I could Mr. Chairman -- Commissioner Winton: But our Code gives you that discretion. Commissioner Allen: Right. City of Miami Page 70 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Mr. Fernandez: Correct. Ms. Grindell: Correct. Commissioner Winton: And I'm going to suggest -- Ms. Grindell: It currently does. Commissioner Winton: -- that we revisit our -- Commissioner Allen: Yeah. Commissioner Winton: -- Code; that's my point. Commissioner Allen: Right. Commissioner Winton: Because the discretion -- I don't care if we haven't done it. I watch all kinds of things happen where it hasn't happened in the past, and some of it's very good that we're now enforcing it, some of it is bad that it's being enforced because it's allowed to be enforced, and when you have rules on the books that give government the power, when the right person comes along, they're going to use the power, and I think this is a tremendous amount of power that's on the books of government that could be a huge negative to homeowners, and so, this isn't for today, butt think I'm going to meet with the City Attorney and talk about bringing a modified ordinance back to the table that we can fairly debate. Commissioner Allen: Right. Mr. Chairman, if we could I'd like to make a motion that we reconsider our previous vote on PH. 6, and I'd like to make a substitute motion that we, frankly, defer this until a further analysis is done because I'm concerned with John Q. Public and the nature of the effect of this. That was my concern, and I, respectfully -- Chairman Sanchez: Well -- Commissioner Allen: -- would ask my fellow Commissioners to heed my advice. Chairman Sanchez: -- I believe the proper action is to make a motion to reconsider. Commissioner Allen: OK Commissioner Winton: Correct. Vice Chairman Gonzalez: OK. Commissioner Allen: I would like to make a motion to reconsider, Mr. Chairman -- Vice Chairman Gonzalez: I will (INAUDIBLE) -- Commissioner Allen: -- the item PH.6. Chairman Sanchez: All right. There is a motion to reconsider -- Commissioner Winton: I'll second it. Chairman Sanchez: -- and there is -- the motion is made by Commissioner Allen and second by Vice Chairman Gonzalez and Commissioner Winton both. OK, there's a motion to reconsider City of Miami Page 71 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 the item, and basically, what you want to do is just leave it as it is, and direct the Administration to come back with the directive that you have provided Commissioner Allen: Right, with a further analysis, and in fact, with further in -- Ms. Thompson: Before -- I'm sorry -- Commissioner Allen: Yeah, I'm sorry. Ms. Thompson: -- Commissioners. Before we go forth, we need to actually vote on your motion to reconsider because it sounds like you're getting ready to discuss. Chairman Sanchez: All right. There's a motion on the floor to reconsider. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The motion has been approved to reconsider. All right, so having said that, that takes care of that, and basically, now what we need is a motion directing the Administration to take the action that we want. Commissioner Winton: So I think there's probably two motions; one motion's to table the -- Commissioner Allen: Table -- defer -- Commissioner Winton: -- item -- Chairman Sanchez: All right. There's a motion to table the item. Commissioner Winton: -- 6. Chairman Sanchez: Motion is made by Commissioner -- Commissioner Allen: Second Chairman Sanchez: -- Allen, second by Commissioner Winton. Ms. Thompson: I'm sorry, I'm sorry. You voted on an item. You can't just table it. Are you going to now withdraw your vote on it, because you did take action? Commissioner Winton: Well, I thought we withdrew it. Oh, no, we're just reconsidering? Commissioner Allen: Right. Commissioner Winton: OK, so what are our options? Ms. Thompson: OK, you've re -- Chairman Sanchez: Motion -- Ms. Thompson: -- you're reconsidering it; you took action on it. Chairman Sanchez: On the reconsidering. City of Miami Page 72 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Commissioner Winton: I got that part. Ms. Thompson: You finished with the reconsider. Commissioner Winton: What are our options? Ms. Thompson: You need to do something with the action that you took on PH.6. Are you going to change -- deny it, or you're going to withdraw that vote? But you can't just say I want to table it because you took the action. Chairman Sanchez: All right, so the appropriate action here -- Commissioner Winton: I didn't understand what our options are. Chairman Sanchez: -- is to deny it. Commissioner Winton: That wasn't clear. Commissioner Allen: Right. It would appear -- Chairman Sanchez: Is there a motion to deny -- Commissioner Allen: Motion to deny, second, Mr. Chairman. Chairman Sanchez: All right. There's a motion by Commissioner Allen, second -- Commissioner Winton: Second Chairman Sanchez: -- by Commissioner Winton. All in favor -- Well, 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 motion -- the public hearing is closed coming back to the Commission. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay," so we have denied it, so the appropriate action now is to direct the Administration to take the action that Commissioner Allen and Commissioner Winton have proposed Commissioner Winton: Which I think is to -- and see, what I don't understand is the law of unintended consequences here on either side of the fence. I don't understand the impact to the City. Chairman Sanchez: Well, they're going to come back with that. Commissioner Winton: Yeah. Chairman Sanchez: You're directing them to come back -- Commissioner Winton: With -- Chairman Sanchez: -- with the -- Commissioner Winton: -- with a -- City of Miami Page 73 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Chairman Sanchez: -- consequences to the -- Commissioner Allen: Yeah. Chairman Sanchez: -- citizens. Commissioner Allen: An analysis of that because I, myself would like to look at the Chapter 54, as it relates to this because my concern is with John Q. Public, the ordinary homeowner, the burden this would put on because although Madam said it's discretionary, it could, nonetheless, be nondiscretionary in many cases, and then we'll have a whole heap of problems. I don't want to run into that, and so, I think it's best that we give further analysis to this particular motion, so I guess we'll direct the City Manager to provide each Commissioner with a further analysis of this because, who knows, we may not even need to amend it. I mean -- Commissioner Winton: Well, I -- don't we want to know the pros and cons? Be -- I think what we're saying -- Commissioner Allen: Yeah. Commissioner Winton: -- is we might want to amend it, so if -- Commissioner Allen: We might. Commissioner Winton: -- we're telling the Administration that we want to exempt some -- in some fashion or another, single-family homes from being subject to -- Commissioner Allen: Good suggestion. Commissioner Winton: -- have a definite limit on, then what we want the Administration to do is come back with that kind of as the thought, but come back and give us the pros and cons for doing something, and a recommendation, in terms if they would recommend that -- Commissioner Allen: OK Commissioner Winton: -- we would do to modify the ordinance, if anything, right? Linda Haskins (Deputy City Manager/Chief Financial Officer): Yes. That -- this amendment was solely designed to -- for large developments, where streets are torn up, to get the full road repairer, rather than just to the centerline. However, because the -- Commissioner Winton: Which is a good ordinance. Ms. Haskins: And that's a great -- Commissioner Allen: It's a good ordinance, right. Ms. Haskins: -- change. However, because of existing language, we really need to take a look at this, and we will, and come back. Commissioner Allen: OK Thank you. Chairman Sanchez: All right. All right, so we need to take action on that. Ms. Thompson: And -- Commissioner Winton, are you making a motion directing the Administration -- City of Miami Page 74 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Commissioner Winton: OK. Chairman Sanchez: Commissioner Allen made that motion, and Commissioner Winton seconds it. Ms. Thompson: Thank you. Chairman Sanchez: All right. 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. PH.7 05-00939 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CONCERNING THE Economic REVIEW COMMITTEE APPOINTED TO EVALUATE PROPOSALS RECEIVED Development IN RESPONSE TO REQUEST FOR PROPOSALS FOR THE UNIFIED DEVELOPMENT PROJECT FOR THE CITY -OWNED PROPERTY KNOWN AS THE MELREESE GOLF COURSE, PURSUANT TO RESOLUTION NO. 05-0237, ADOPTED APRIL 14, 2005, RESCINDING APPOINTMENTS MADE TO THE REVIEW COMMITTEE AND APPOINTING NEW MEMBERS TO SERVE ON SAID COMMITTEE; AMENDING SAID RESOLUTION TO REFLECT THE REVIEW COMMITTEE MEMBER CHANGES. 05-00939 Legislation.pdf 05-00939 Summary Form.pdf 05-00939 Public Hearing Memo.pdf 05-00939 Public Hearing Notice.pdf Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0532 Chairman Sanchez: All right. We go to PH.7. PH.7 is a resolution. Is there a motion? Laura Billberry (Acting Director, Economic Development): IfI may, just for the record, Lori Billberry. I did distribute an amended resolution to everyone prior to this meeting -- Chairman Sanchez: Yes. Ms. Billberry: -- and ifI can just state for the record with the changes. Chairman Sanchez: Absolutely. Please put the amendment on the record. Ms. Billberry: This resolution is to replace two members of the review committee for the Melreese project. Initially, we were going to be replacing two of our private sector members that were not available to attend. We are going to extend the bid due date for the Melreese proposals to October 26 cause some of our development team members have been affected by Hurricane Katrina in the Gulf state, so we will be extending it, so instead, we only have to now appoint one private sector member, which will be Oscar Rodriguez, to replace Jack Williams, and we are going to take advantage of this opportunity that Ernest Burkeen, our Parks director, will now be available to serve, and he will be replacing Mr. David Rosemond. City of Miami Page 75 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 10:30 A.M. Chairman Sanchez: All right. The amendment has been read on the record and it is a resolution. It's a resolution requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized Seeing none and hearing none, the public hearing is closed coming back to the Commission for any discussion. Hearing no discussion on the item, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right -- Priscilla A. Thompson (City Clerk): I'm sorry, Chair, Chair, Chair. I need a motion and a second. Commissioner Allen: Oh, I'm sorry. I make a motion adopting the resolution. Chairman Sanchez: All right. Commissioner Allen makes the motion and Vice Chairman Gonzalez - Vice Chairman Gonzalez: Second. Chairman Sanchez: -- seconds it -- Commissioner Allen: Right. Chairman Sanchez: -- for the record The vote has already been taken, and it's 4/0. Commissioner Allen: Right. [A sign interpreter translated discussion of Items PH.8 and PH.9.] PH.8 05-00930 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONVEY, WITH Development PARCEL REVERTER PROVISIONS, THREE (3) CITY OF MIAMI-OWNED PARCELS OF LAND, AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORP., FOR THE DEVELOPMENT OF AFFORDABLE HOUSING FOR ELIGIBLE LOW AND MODERATE INCOME PERSONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, FOR SAID PURPOSE. 05-00930Legislation. pdf 05-00930 Summary Form.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0522 Chairman Sanchez: Let's go ahead and go to the time certain items. There's one at 10:30. That's PH.8 and PH.9, as we try to move the agenda along. All right. We are making good time. City of Miami Page 76 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Commissioner Winton: What item did you go to, Joe? Barbara Gomez -Rodriguez (Director, Community Development): PH.8. Chairman Sanchez: PH.8, which is -- Commissioner Winton: Oh. Chairman Sanchez: -- time certain at 10: 30. We do have the translator present. Translate. Commissioner Allen: We're at PH (public hearing) items? Ms. Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. We're requesting on PH.8 approval to transfer City -owned parcels of land to Rafael Hernandez Housing and Economic Development. They have been able to get the funding from the Empowerment Zone, and it's three different parcels; 98 Northwest 27th Street, 3431 Northwest 6th Avenue, 3511 Northwest 1st Avenue. Commissioner Winton: So moved. Vice Chairman Gonzalez: Second. Commissioner Allen: Second Chairman Sanchez: OK. There's a motion and a second. 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 at this time, coming back to the Commission for a vote, and that is -- it's a resolution? Ms. Gomez -Rodriguez: It's a resolution. Priscilla A. Thompson (City Clerk): Yes. Chairman Sanchez: All right. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries unanimously. PH.9 05-00920 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 30TH YEAR Development COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME FUNDS, IN THE AMOUNT OF $689,064; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT COMMERCIAL FA?ADE PROGRAM. 05-00920 Legislation.pdf 05-00920 Exhibit 1.pdf 05-00920 Summary Form.pdf 05-00920 Public Hearing Notice.pdf 05-00920-S u bmitta 1. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 77 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0523 Direction to the Administration by Commissioner Allen to allocate $500, 000 to benefit 7th Avenue businesses along 54th and 58th Streets, to be administered by NANA (Neighbors and Neighbors Associated), providing that said funds will rollover to the next fiscal year. Direction to the Administration by Vice Chairman Gonzalez to provide a report detailing the distribution of the $500, 000 requested by Commissioner Allen for 7th Avenue businesses; said report to include the number of businesses affected monetary allocation per business, and scope of work for each business. Chairman Sanchez: All right. PH.9. Barbara Gomez -Rodriguez (Director, Community Development): PH9, we are requesting transfer of 689,064 to the Department of Community Development Commercial Facade Program. This is to pay additional costs that we have incurred. This is -- have no management fee. It is basically to businesses, and it's allocating an additional 64,364 to District 1; 131,587 to District 2; 186, 377, District 3; 223,858 to District 4; and 82,878 to District 5, for a total of 689, 064. Vice Chairman Gonzalez: Move PH.9. Chairman Sanchez: All right. There's a motion by the Vice Chairman Gonzalez, second by -- Commissioner Winton: Second Commissioner Regalado: Second Chairman Sanchez: -- Commissioner -- Commissioner Allen: Second for discussion. Chairman Sanchez: Second by everybody. Commissioner Allen: For a discussion -- Chairman Sanchez: How's that, Madam Clerk? Commissioner Allen: -- and -- Chairman Sanchez: Can't do that? All right. Commissioner Winton seconded it. He was the first voice I heard and the item is under discussion right now. Commissioner Allen: Yeah. Chairman Sanchez: But before we do that, Commissioner Allen, it requires a public hearing, so anyone from the public wishing to address this item, please step forward and be recognized Seeing none, hearing none, for the record, the public hearing is closed coming back to the Commissioner for discussion, and Commissioner Allen, you're now recognized Commissioner Allen: Yes. I also, Madam Rodriguez, if we could, I would like to submit an amendment to this PH.9 item, so I want to put it on the floor for the balance of the Commission. This is an item that has already been addressed with Community Development, so I would like to City of Miami Page 78 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 submit an amendment that would allocate $500, 000 for the Ocean's (phonetic) Village Commercial Revitalization Pilot Program that would benefit the businesses along 7th Avenue, between 54th Street and 58th Streets, and that the program be administered by NANA (Neighbors and Neighbors Association), and that said funds will rollover to the next fiscal year, and I have discussed this with Ms. Rodriguez. This has been an ongoing issue that we've addressed and finalized for the last, I believe, several weeks, four or five weeks ago, and so -- Ms. Gomez -Rodriguez: First of all, this was an item that came up to the City Commission at the last Commission meeting that we had in July. It will have to come back regardless, so the vote will just tell me -- I need to advertise it, so it will come back -- Commissioner Allen: OK Ms. Gomez -Rodriguez: -- but we are working with NANA on this project and identifying the business, so we will bring it back because it has to go into the newspaper. Commissioner Allen: OK, but clearly, this -- there won't be any delay. This will make the cutoff because this has been, as you know, lingering for quite some time. We've had -- Ms. Gomez -Rodriguez: Right. Commissioner Allen: -- ample time previously to have this adequately noticed, so at this time, I don't -- Ms. Gomez -Rodriguez: Commissioner, the reason that it's not here today -- Commissioner Allen: Right. Ms. Gomez -Rodriguez: -- is because we were still missing information that we were able to get even as early as yesterday, so having an advertising with not having the -- Commissioner Allen: I see. Ms. Gomez -Rodriguez: -- proper -- all information of what we were going to do was an issue -- Commissioner Allen: OK Ms. Gomez -Rodriguez: -- but I can assure you that we've been working with NANA. Commissioner Allen: OK Ms. Gomez -Rodriguez: We have been working with -- Chairman Sanchez: But -- Ms. Gomez -Rodriguez: -- KDI, and the project is not going to stop because of that, but we do need to have -- Commissioner Allen: OK Ms. Gomez -Rodriguez: -- the full program in place before it comes to the City Commission, and that there is proper advertisement. Commissioner Allen: Right, so we will have it for the next Commission meeting, accordingly? City of Miami Page 79 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Ms. Gomez -Rodriguez: We will have the information. We're waiting from additional information from Neighbors and Neighbors, and we will come and address the Commission at -- Commissioner Allen: Right, and the -- Ms. Gomez -Rodriguez: -- the next Commission -- Commissioner Allen: -- advertising deadline would have been met, as well. Ms. Gomez -Rodriguez: We will come back as soon as we have everything ready, but we are working. It's not going to stop the project. It is not going to stop the process -- Commissioner Allen: OK Ms. Gomez -Rodriguez: -- and it's not going to delay the project. Commissioner Allen: Yeah, but we'll work together -- Ms. Gomez -Rodriguez: Right. Commissioner Allen: -- nonetheless. Chairman Sanchez: Vice Chairman Gonzalez -- Commissioner Allen: Thank you. Chairman Sanchez: -- you're recognized. Vice Chairman Gonzalez: So what you're saying, Ms. Rodriguez, is that this motion has not been amended right? Ms. Gomez -Rodriguez: My issue is that regardless if it's been -- Vice Chairman Gonzalez: The transferring is going to continue to be, and you're going to identify new monies -- Ms. Gomez -Rodriguez: I come back to you. Vice Chairman Gonzalez: -- for that project. Ms. Gomez -Rodriguez: Correct. Vice Chairman Gonzalez: OK. I'm going to tell you in advance, so there'll be no surprises, OK. We're talking about $500, 000 in projects, in project. It's going to be project money. It isn't going to be administration money, right? Ms. Gomez -Rodriguez: Correct. Vice Chairman Gonzalez: I want to know, when you bring that item back, how many businesses are going to be affected how much money are we allocating per business, the scope of the service, or the work that is going to be done in each business because let me tell you, citywide, that includes Cubans, Venezuelans, Chinese, OK, everyone, all we are allowing for facade program money is $10, 000 per business. When we talking 500 -- half a million dollars, we're talking huge money, so I want to know how many businesses and how much money we're going to allocate per business. Remember, the facade program doesn't include a lot of things. All City of Miami Page 80 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 includes is painting, signage, and awnings, so you know, I'm going to be asking all of those questions, and I hope that I have answers so then people don't feel bad because I don't want to approve it, or I don't want to vote in favor of it, so you know, let's be clear. What's -- once again, you know, citywide, the program allowed $10, 000 per business, OK. Ms. Gomez -Rodriguez: OK, yes. Commissioner Allen: Mr. Chairman, before you weigh in, Jones -- this is money that is actually -- that was already allocated from my particular -- Ms. Gomez -Rodriguez: No. Commissioner Allen: -- budget -- well, in any -- Ms. Gomez -Rodriguez: No. What we -- what -- Commissioner Allen: It's not going to impact -- negatively impact any other -- Ms. Gomez -Rodriguez: Well, it -- Commissioner Allen: I understand what he says, and we have all that information for you. In fact, I made sure that these guys put together a strong timeline -- Ms. Gomez -Rodriguez: We will provide -- Vice Chairman Gonzalez: Listen, don't -- Commissioner Allen: Yeah. Vice Chairman Gonzalez: -- take me wrong. Commissioner Allen: Yeah. Vice Chairman Gonzalez: I'm 100 percent in favor -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- of a good facade program -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- for District 5 because that district has lack that program forever -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- and ever, and ever, and ever -- Ms. Gomez -Rodriguez: Right. Vice Chairman Gonzalez: -- and this Commissioner, five years ago, at the request of Commissioner Teele, designed a facade program, specifically -- and you are a witness to that -- Ms. Gomez -Rodriguez: Yes. Vice Chairman Gonzalez: -- for Model City, Overtown, and District 5. I designed the program. City of Miami Page 81 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 I did the -- all the scope, the -- everything. Gave it to him; it never happened, so I'm 100 percent in favor of a program. The business sector in District 5 needs this help, and it will improve the quality of life of the neighborhood. It will improve the quality of life of the business corridors, but it has to be done right, like everyone else. Chairman Sanchez: All right. Any further discussion on this item? If none, it's a public hearing. Anyone from the public that wants to address? All right, sir, you're recognized. The public hearing -- Leroy Jones: Hello. Chairman Sanchez: -- is opened. Mr. Jones: My name is Leroy Jones, executive director, Neighbors and Neighbors Association, 180 Northwest 62nd Street. Commissioner, this project is going to affect quite a few businesses on that corridor. When you look at the way the structure of those businesses from 54th Street to 58th Street, most of them is somewhat like downtown, where it's more than one business in one specific building, so when we talking about the dynamics of it, we're not just talking about per business. We talking about the whole building, and some of those buildings on that corridor have four, five businesses in one building, so we talking about impacting not just individual, per se, properties, but the whole corridor, and we looking at -- we doing projects on both sides of the street, so not just one side, so we impacting both sides of the street, and I think it's a little more than just the regular facade that the facade does. I know the regular facade is up to $10, 000, but it's a lot of things that that regular facade don't address in the issue. You know, in most cases, all it do is just put a little paint on the building and put some awnings or put some signage on it. What we talking about changing the whole facade, the whole look of these buildings because they've been there so long, nothing has never happened to them other than a little paint, so if you see -- we showed Barbara some pictures yesterday. You see these pictures -- we're putting this package together, you're going to love it, Commissioners. It's going to look nice, so while I understand what you're saying, but we talking about a little more -- we talking commercial revitalization, so we not talking about just the old particular facade that's being done through the City program, so it's a little extend from that, Commissioner, but we is -- we're addressing everything. We are -- we put this chart together, and it show -- 171 show you a copy of it. Chairman Sanchez: Well -- Mr. Jones: -- the extent of the project. Chairman Sanchez: Go ahead and give it to the Clerk You got to give it to the Clerk Mr. Jones: I will. I just -- Chairman Sanchez: All right. Mr. Jones: -- wanted the Commissioner to see, but -- so we got this chart from where the project going to begin and where it's going to end. We got everything that need to be done, as far as the environmental issues, the license, the insurance, everything, so I mean, I can understand, Commissioner, but -- Vice Chairman Gonzalez: Listen, I -- Mr. Jones: -- we really tieing to change -- Vice Chairman Gonzalez: -- like I said I will support the program. City of Miami Page 82 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Mr. Jones: Yes, sir. Vice Chairman Gonzalez: I will support the improvement of the neighborhood, butt want -- all I want to know is that you make sure that everything is done according to the -- Ms. Gomez -Rodriguez: It will be. Vice Chairman Gonzalez: -- federal regs. (regulations) because I don't want, a year from now, have Ms. Rodriguez come back and said we have to send back to HUD (Department of Housing and Urban Development) $500, 000 because it was a disallowed activity, so you know, all of those things, you have to make sure that you're going to comply with everything, that the work that is going to be done, it is acceptable to HUD, and you know. Mr. Jones: We will, Commissioner. Vice Chairman Gonzalez: That's it. Mr. Jones: But -- Chairman Sanchez: All right. Listen -- Vice Chairman Gonzalez: All right. Chairman Sanchez: -- I believe -- Commissioner Allen: Right. Chairman Sanchez: -- you're -- you've accomplished what you wanted to do here today, so -- Commissioner Allen: Exactly. Chairman Sanchez: -- let's go ahead and -- Commissioner Allen: Right. Mr. Jones: Thank you. Chairman Sanchez: As amended, and it has been amended on the record, so it's a resolution. Public hearing is closed at this time. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. Thank you so much. We move on. City of Miami Page 83 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 EM.1 05-00922 Office of Strategic Planning, Budgeting, and Performance ORDINANCE - EMERGENCY ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 12596, THE ANNUAL APPROPRIATIONS ORDINANCE, TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-00922 Legislation.pdf 05-00922 Exhibit 1.pdf 05-00922 Summary Item.pdf 05-00922-S u bmitta 1. pdf Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez 12726 Chairman Sanchez: All right. Can we move on to the emergency ordinance, which is EM.1. It's the FY (fiscal year) 205 [sic] budget amendment, and that is a four -fifth vote. Larry. Commissioner Allen: EM.1. Chairman Sanchez: We're going to go ahead and go through 12: 30. We will be back at 2: 30, and looks like we'll be maybe out of here by 4:15, 4: 30. Commissioner Allen: No, we have budget hearings this -- Priscilla A. Thompson (City Clerk): You have budget scheduled for -- Commissioner Allen: At 5. Ms. Thompson: -- 5: 05, and it is advertised to the public -- Commissioner Allen: Right. Ms. Thompson: -- to begin at 5:05. You have a separate agenda for the budget items. Chairman Sanchez: All right, 5: 05, that shouldn't take us long. Commissioner Winton: 5:06. Chairman Sanchez: All right. Larry Spring: Commissioners, Larry Spring, chief of Strategic Planning, Budgeting, and Performance. Before you is an emergency ordinance amending the annual appropriations ordinance, increasing operational budgetary appropriation for the fiscal year ended September 30, 2005. The nature of this -- these increases -- you have an increase that is totaling approximately $15 million, $15.2 million. It is being funded by increasing the appropriation of existing revenues so we're not dipping into fund balance. The -- those existing revenues are City of Miami Page 84 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 passed through from the State for our 175/185 payment for Fire and Police. That makes up approximately -- it's about 12 million, a little bit more than $12 million of this 15 million, and the remaining $2.3 million is a contribution to Community Development for a HUD (Department of Housing and Urban Development) repayment that we have to do. Chairman Sanchez: All right. Commissioner Winton: Where is the amendment? Chairman Sanchez: This is an emergency ordinance. It requires a four -fifth, and it's also 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. Is there a motion? Commissioner Allen: I make a motion, Mr. Chairman -- Chairman Sanchez: There's a motion -- Commissioner Allen: -- to accept the -- Chairman Sanchez: -- by Commissioner Allen. We need a second -- Vice Chairman Gonzalez: 171 second it for discussion. Chairman Sanchez: -- for the purpose of discussion. Commissioner -- Vice Chairman Gonzalez seconds it, and right now, we're under discussion. Discussion. Vice Chairman Gonzalez: Yeah. Chairman Sanchez: Commissioner -- Vice Chairman Gonzalez. Vice Chairman Gonzalez: Let me tell you, we need to start controlling expenses here because we're blowing away $16 million, $16 million that could have been given back to the taxpayers of the City of Miami. Mr. Spring: One point of clarification on this, remember that this money actually does not impact our -- the pension pass -through does not impact our dollars at all. It's actually funds that come from the State, and they just pass -through. From an accounting perspective, I have to record the revenues, so that's why I have the money to fund that portion, and then the expenses, the pass -through, to the pension -- Commissioner Allen: I see. Mr. Spring: So, that one -- Commissioner Allen: Right. Mr. Spring: -- typically, yes, our normal pension would impact our dollars, but this particular component doesn't, fortunately. Commissioner Winton: And how much was that? Mr. Spring: It's about -- Commissioner Winton: With the -- City of Miami Page 85 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Mr. Spring: -- it's close to $12 million, or eleven something. Commissioner Winton: Of the 15 -- Mr. Spring: Yeah. Commissioner Winton: -- and -- Mr. Spring: Of the 15. Commissioner Winton: -- 2 million was the HUD repayment. Mr. Spring: The HUD repayment for -- Commissioner Winton: Oh, OK. Chairman Sanchez: That was 2.3 million. Commissioner Allen: Right, but -- Mr. Spring: That was -- that's $2.3 million. Commissioner Winton: So, there's -- Vice Chairman Gonzalez: Two million with -- Commissioner Winton: -- all the money. Commissioner Allen: Wait, wait. Vice Chairman Gonzalez: -- HUD repayment? Mr. Spring: Yes. Commissioner Allen: Wait, Mr. Chairman. Vice Chairman Gonzalez: HUD repayment for what? Commissioner Allen: Yeah, but Mr. -- wait, wait. Mr. Chairman, I think that's in dispute. I don't think it's safe to say it's 2.3. That is -- that amount, from my understanding, is still in dispute, notwithstanding that you're setting aside that amount -- Commissioner Winton: That's not true. Commissioner Allen: -- because it could very well be less than that. That's my understanding. Mr. Spring: Well -- Vice Chairman Gonzalez: No, no. Mr. Spring: -- I'll -- Commissioner Allen: I mean, I don't want -- City of Miami Page 86 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Mr. Spring: -- the -- Commissioner Allen: -- us to put -- Mr. Spring: -- number -- Commissioner Allen: -- testimony on the record that may not be necessarily correct. Mr. Spring: OK. Vice Chairman Gonzalez: If he -- but let me tell you, if there is a dispute -- Commissioner Allen: Yeah. Vice Chairman Gonzalez: -- and we are approving an amount here, then I have a problem voting on this, and then you're going to have a problem passing this because you need a four -fifth vote. Once we have these numbers presented to us, I hope that these numbers are correct -- Commissioner Winton: Madam Manager -- Linda Haskins (Deputy City Manager/Chief Financial Officer): Commissioner -- Vice Chairman Gonzalez: -- and now you say that part of the monies were money that needed to be repaid to HUD - Mr. Spring: Yes. Vice Chairman Gonzalez: -- and I want to know why and -- why? Ms. Haskins: Those -- the $2.3 million to be repaid to HUD, I'm sorry, Commissioner Allen, it is not correct that those numbers are in dispute. This is an issue that has been going on for a long time. What we will do with HUD, and what we talked with the Model City, and we had a -- we've had great meetings with the Model City Trust people, with Marva. We will pay this money back. As houses are built and they're delivered, we will tvy to recoup as much as we possibly can. We will make the case to HUD to tvy to recoup some of the Dover Kohl fees. We will make the case to HUD to recoup some of the other fees, and certainly, land costs, appraisal costs, that sort of thing. Commissioner Allen: OK Ms. Haskins: That's why it is very important that the City and the Model City Trust Board -- we've made great strides, I believe, in the last several weeks. We need to work together on getting the houses built, working together on getting the houses sold and tvy to recoup as much of this as we can. In a meeting we had with the executive director of the Trust, earlier this week, Marva Wiley, she believes a good portion of this 2.3 million, if not all, may be recouped Vice Chairman Gonzalez: How? Ms. Haskins: OK. Through -- once the houses are sold -- Vice Chairman Gonzalez: Once the houses -- Ms. Haskins: -- once the houses are built or sold -- built first and sold that we would go to HUD and get some of the monies spent on the land acquisition back, certainly money spent on City of Miami Page 87 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 appraisals back, and we will make the case for the -- certain of the professional fees, and Marva's done a great job in preparing a draft response for this, which will be our building block for recouping funds from HUD. Commissioner Allen: Right. Commissioner Winton: And -- Commissioner Allen: If I may just comment because -- Chairman Sanchez: Everybody's going to debate this issue, so Commissioner Allen -- Commissioner Allen: Yeah. Chairman Sanchez: -- take your time -- Commissioner Allen: OK Chairman Sanchez: -- and then we'll go down the list. Commissioner Allen: Certainly, Mr. Chairman. Chairman Sanchez: I mean, then we'll go down the dais. Commissioner Allen: I appreciate your indulgence. Well, I understand, Linda, your going into an extensive, substantive discussion on this, but my concern is with respect to one issue, the alleged $2.3 million. I need to know -- my understanding is it is still in dispute, and I would also like to personally lend my help, if I can help in this in any way with HUD, because the secretary of HUD is someone I happen to know, Alphons [sic] Jackson, so I'll lend those services to the City, if it needs to be at that point, so I would like to turn to both Ms. Wiley, as well as the City Attorney. Is it hard and fast that it's a 2.3? Perhaps, it could be mitigated down because maybe there is some argument on both sides that it could possibly be one million, but I do understand the City's position to set aside that amount because it is in our best interest, I think, to mediate this to see if we can draw -- mitigate that as much as possible. It may not be 2.3; that's my concern. That's the only issue I want to -- Ms. Haskins: Commissioner -- Commissioner Allen: -- talk about. I don't want to talk about the issue of this or that, so let me have the City Attorney, if you will, Mr. City Manager, weigh in on this. Is that amount still in dispute, and is there also a time element to that, when it must be paid back, and I would like to also hear from Ms. Marva Wiley, if I could, please. Jorge L. Fernandez (City Attorney): I am not particularly acquainted with the particulars of the findings by HUD. This precedes my tenure here at the City, and this is one issue that I have not immersed myself in, so if you're asking me a categorical legal question as to whether there is a dispute and -- between the City and HUD as to whether the City owes HUD this amount of money specifically, I cannot opine. I'm not ready to -- Vice Chairman Gonzalez: Mr. Chairman. Mr. Fernandez: -- give you an opinion on that. I have not read the letter or the final finding or determination by HUD, and I have not immersed myself in that issue. Commissioner Allen: Right, because I don't want us -- City of Miami Page 88 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Ms. Haskins: Perhaps, I could weigh in on -- Commissioner Allen: -- Mr. Chairman -- Madam City Manager, I don't want us to jump to conclusions with not having all the information before me. As I sit here as the Commissioner, this affects my district, I'd like to look at all the information. I can tell you, as I sit here, I haven't seen any of this information. I can probably call up the HUD secretary and say, look, there is an alleged 2.3. What if they happen to tell me, "No, that's in dispute. There may be a different amount," so with that, I would like to turn Ms. Wiley. Can you please tell -- Vice Chairman Gonzalez: No, before you -- Commissioner Allen: -- me, is it an -- Chairman Sanchez: No, no, no, no, no, no, no. Vice Chairman Gonzalez: -- turn it to Ms. Wiley -- Chairman Sanchez: It's in the dais. Are you -- Commissioner Allen: Oh, I'm sorry. Chairman Sanchez: -- done, Commissioner Allen? Commissioner Allen: I'm sorry. Vice Chairman Gonzalez: The -- it's -- Chairman Sanchez: Vice Chairman Gonzalez, you're recognized Vice Chairman Gonzalez: -- discussion in the Commission. Before you turn it to anybody, you know, we need to finish. Commissioner Allen: OK Vice Chairman Gonzalez: What I would like to do at this point is to -- I don't want to second this item. Chairman Sanchez: OK, so -- was he -- Vice Chairman Gonzalez: Retire my second from this item. Chairman Sanchez: He is the sec -- he made the second? Vice Chairman Gonzalez: I'm not going to second it -- Chairman Sanchez: All right, so he's withdrawing -- Vice Chairman Gonzalez: -- and -- Chairman Sanchez: -- his second No, no, no, no, no. Vice Chairman Gonzalez: I withdraw my second and then, you know, you're not going to have a quorum. What I suggest, it's a suggestion that you bring this item back in the afternoon when we have full Commission -- City of Miami Page 89 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Chairman Sanchez: I agree. Vice Chairman Gonzalez: -- and at the same time, bring Ms. Barbara -- Chairman Sanchez: All right. Vice Chairman Gonzalez: -- Rodriguez to give us a definite answer on how much money we have to return, when we have to return it, and I don't want to go into -- because I could talk about this for three hours. Linda, saying that the money could be recouped by the sale of the house is like saying that Hugo Chavez is going to tell -- send -- is going to sell oil to give the money to the City of Miami, you know. Don't go there, don't go there because we're going to go into the sale of the houses, and how much these houses are going to be sell for, and if the people are going to be able to afford to buy these houses. Let me tell you, I don't know much about many, many things, butt know a little bit about affordable housing, so you know, you don't want to go there. You don't want to go there. You may want to defend -- Chairman Sanchez: All right. Vice Chairman Gonzalez: -- the issue. You may want to defend the Model City Trust. You might -- and that's acceptable to me. That's all right with me, but don't go into the sale and the recoup of money because we can have a long, long, long debate about that. Chairman Sanchez: All right. The maker of the motion, who made the second withdrew it, so therefore, it dies. Larry, I'm going to turn it to you to say a few words, and then what we need is a motion to defer. We're going to need a motion to table the item till this afternoon. Well, really, we don't need a motion for that. We could just do it. Commissioner Allen: Wait, Mr. Chairman -- Chairman Sanchez: All right. Wait, wait, whoa, whoa, whoa, no, no, no, no, no. It's going to be -- believe me, this is going to be one item that's going to have a very healthy debate in the afternoon. Commissioner Allen: Sure. Chairman Sanchez: So Larry -- Mr. Spring: Commissioners -- Chairman Sanchez: -- you're -- Mr. Spring: -- I would ask, since the -- since that's only one component of this budget amendment -- Commissioner Allen: Right. Mr. Spring: -- and the other's a more administrative need that I have with the two pension trusts, I would ask that -- if I'm allowed to, I'll bring a different ordinance before this board leaving out that item, if we're not able to resolve it in the afternoon. Chairman Sanchez: Well, if this afternoon you have -- Commissioner Allen: Great. City of Miami Page 90 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Chairman Sanchez: -- such crafted legislation amending it -- Commissioner Winton: Have it ready. Chairman Sanchez: -- and leaving that portion out, yes, I would see no problem with it -- Mr. Spring: OK. Chairman Sanchez: -- so -- all right. Let's go ahead -- that item has been tabled till this afternoon. [Later..] Chairman Sanchez: Madam Clerk, are there any other items before we get to -- Ms. Thompson: EM.1, the emergency ordinance. Chairman Sanchez: EM.1, absolutely right. It's a four -fifth vote. EM.1, it's the FY (fiscal year) 205 [sic], and I believe that the director has given us an ordinance without the $2.3 million, so -- Mr. Spring: Yes, Commissioner. Larry Spring, chief of Strategic Planning, Budgeting, and Performance. To give staff enough time to meet, again, with the Model City Trust and go back through those items, we've removed it, as I proffered earlier today, removed that funding, and now this is, essentially, a closeout budget amendment for the '05 fiscal year, including the pass -through items from the State to the GESE (General Employees/Sanitation Employees) Board. Chairman Sanchez: All right. Commissioner Allen, you're OK with this? Commissioner Allen: Yes. I move the item. Chairman Sanchez: All right. There's a motion by -- it's an ordinance -- Commissioner Allen. Is there a second? Vice Chairman Gonzalez: I second for discussion. Chairman Sanchez: Second by Vice Chairman Gonzalez for the purpose of discussion. Before we open it up for discussion from the legislative body, 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 discussion. Mr. Vice Chairman, you're recognized Vice Chairman Gonzalez: I just want to make a statement, without any desire of creating controversy or commotion or -- It was said this morning that we had a directive from HUD (Department of Housing and Urban Development) to return to HUD $2.3 million. It was said that that was debatable, that it was questionable, that it was -- Ms. Barbara Rodriguez, would you please come to the podium? Because these things have to be clear on the record. I mean, whatever problems we have, we have to put it -- you know, air them out, let the people know what's going on. Are you in receipt of a letter from HUD asking you to return $2.3 million to them? Barbara Gomez -Rodriguez (Director, Community Development): Yes, I am. Vice Chairman Gonzalez: OK. Is that negotiable, or is that a final ruling by HUD? City of Miami Page 91 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Ms. Gomez -Rodriguez: First of all, the first letter came in December 24 -- 23. The second letter came May 23, 2005, and the last demand was July 20. Vice Chairman Gonzalez: OK, butt don't want to go into the history of the -- Ms. Gomez -Rodriguez: It's final. Vice Chairman Gonzalez: -- action. That's what 1 want to hear. It's a final order by HUD to return $2.3 million for disallowed activities; is that it? Ms. Gomez -Rodriguez: The letter was for $4.4 million; 1.8, we have returned; 358, 000, we sent back last week; and there's a balance of 2.3. Vice Chairman Gonzalez: But the 1.8, or the 1.6, I think it was actually invested in improvements in the Floral Park area, right? Ms. Gomez -Rodriguez: The $1.8 million that we returned from Homeland Defense, CDBG (Community Development Block Grant) put in some money for -- Vice Chairman Gonzalez: For projects. Ms. Gomez -Rodriguez: -- infrastructure. Vice Chairman Gonzalez: Right. Ms. Gomez -Rodriguez: Correct. Vice Chairman Gonzalez: Construction project, and the project was done, and the improvement was done. Ms. Gomez -Rodriguez: We're working on it. Vice Chairman Gonzalez: All right. Thank you. That's all I want to ask. Commissioner Allen: Just a quick question before you leave, I guess, consistent with Commissioner Gonzalez request. I think that is still the outstanding issue, right? Is it 2.3 that is the final figure, or is that figure in dispute? Ms. Gomez -Rodriguez: That's the final. Commissioner Allen: OK Ms. Gomez -Rodriguez: The final figure was two point -- the final figure is 2.3. Commissioner Allen: OK, for my recollection, let me have Ms. Wiley please come to the podium because this is what's confusing with me here. All right. I'm hearing these numbers, I'm hearing these figures, is that a hard and fast number, or is that number -- or can it be mitigated, or lessened or perhaps, it may be 1.8, whatever the figure is, and I do understand a lot of this happened before your watch, Ms. Wiley, but I need to know, what's the status. Is that amount in dispute? Marva Wiley: I believe the reason that we come to this debate -- Ms. Rodriguez mentioned that 358,000 was sent last week. That was an amount that we disputed and we came to terms with the fact that that 358 didn't close. There is another $150, 000 that I say was not attributable to the project, and I think Barbara takes the position it needs to be paid back to HUD from City of Miami Page 92 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 somewhere, so it's one big number. The amount that was spent on the Model City Homeownership Zone pilot project is not 2.3. Whether that number needs to be paid back to HUD is another issue, and I think -- in my reading of the letter, the letter requests a response, and with the comments that are made in the findings, I think we could probably bridge the gaps to say that the majority of the costs were legitimate costs, and the outcome would be different. Ms. Gomez -Rodriguez: If -- Commissioner Allen: Yes, Ms. Rodriguez. Ms. Gomez -Rodriguez: -- I may, and you have the letter in front of you, if you go to page 10 of the findings, the biggest issue that HUD has is that it appears that the City of Miami was paying, reimbursing, for items that do not appear to be eligible and/or necessary for the type of activity that was being pursued with the Model City Homeownership project. Although the City's intent was to provide affordable housing for low-income person, the only persons who benefit from this activity was the providers of professional service. Ms. Wiley: Ms. Haskins mentioned earlier that I was working with Ms. Haskins and Ms. Rodriguez to prepare a response. In going through the expenses, 95 percent of which were incurred before there was a Trust, at least 500,000 was clearly related to the acquisition, master planning services, appraisal services, and all of those kinds of things. As we go through it, I've requested the opportunity to work with them and see if there is the opportunity for HUD to consider the greater package. There's seven findings in your -- in the monitoring report that I presume she just gave you that deal with procurement, that deal with the national objectives, that deal with land acquisition, that deal with a litany of items that we, as the Trust staff, have made a lot of efforts towards reassembling so that the City can make a better case when it talks to HUD about these issues, so my position is that, if we make the case, if we put forth all the information and the findings go away, the position on the repayment is going to change, as well. Commissioner Allen: I -- when you say the position, the amount -- Ms. Wiley: Right. Commissioner Allen: -- that's the $2.3 million? Ms. Wiley: Exactly. Commissioner Allen: All right. Well, let me make a suggestion. We can, of course, sit down and resolve this at a later date. I just want to know whether or not that alleged amount is in dispute, and whether or not it could be mitigated. It seems to me both parties have great arguments, so respectfully, we'll address this issue privately, I would assume, sometime, perhaps, next week. I appreciate it. Thank you very much. Mr. Spring: No, I was just saying that it's (INAUDIBLE). Commissioner Allen: It's -- yeah. Mr. Spring: It's out of this item. Commissioner Allen: Well, yeah, but this is relative to Commissioner Gonzalez's concern. Mr. Spring: The item that we're considering, it's not in. Commissioner Allen: Yeah, it's -- City of Miami Page 93 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Vice Chairman Gonzalez: (INAUDIBLE), butt wanted to clear the record. Commissioner Allen: Yeah, it was -- Mr. Spring: I understand Commissioner Allen: Yeah. Vice Chairman Gonzalez: It was said this morning -- Mr. Spring: Absolutely. Vice Chairman Gonzalez: -- it was negotiable, that we can sit down with HUD, and I said no, that it was final, so black and white. It's final. Commissioner Allen: Well, again, Commissioner Gonzalez, respectfully -- Vice Chairman Gonzalez: Now, you can go back to HUD. You say you're -- Commissioner Allen: Yeah. Vice Chairman Gonzalez: -- a friend of Alphonso -- Commissioner Allen: Yeah, I do know, but I disagree because I'm hearing -- Vice Chairman Gonzalez: -- or whatever his name is. Commissioner Allen: Right. Vice Chairman Gonzalez: You know, if you're a friend of him, and maybe because of your friendship, the guy will write you a blank check and say don't worry. Commissioner Allen: No, I doubt that. Vice Chairman Gonzalez: (UNINTELLIGIBLE). You don't have to pay HUD, you know. Commissioner Allen: I doubt that. Vice Chairman Gonzalez: You're a friend of mine. I'll talk to the president and tell him to forget about the debt, then it's fine, you know. Commissioner Allen: No, I understand Right. Vice Chairman Gonzalez: What I want to make sure is that we're talking about people's monies - Commissioner Allen: I agree. Vice Chairman Gonzalez: -- and this amount of waste -- and I'm not only referring to this, I refer about an item this morning that had to do consultant, and I'm going to continue to refer to a lot of these items from now on. This amount of waste has to be stopped because all of this waste could be given back to your people, to my people, to his people, to all of our people in tax reductions, in fire fee reduction, you know. We need to start giving back to the taxpayers. Commissioner Allen: Right. City of Miami Page 94 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Vice Chairman Gonzalez: The waste has to stop. Commissioner Allen: Right. Vice Chairman Gonzalez: Somehow, somewhere, it has to stop. Commissioner Allen: And I -- Commissioner Winton: Which -- Commissioner Allen: -- agree with you, Commissioner Gonzalez, and respectfully, that's why I'm offering a solution to this issue. We can sit down and discuss this issue. I just don't want to paint a broad -brush with a hard-and-fast number that seems to be rather a huge negative number, which, thus, taints the entire operation, so that's my concern. Vice Chairman Gonzalez: All right. Commissioner Winton: Mr. Chairman. Commissioner Allen: I don't -- yeah. Commissioner Winton: Mr. Chairman. Vice Chairman Gonzalez: Commissioner Winton. Commissioner Winton: Which your -- both of your comments kind of bring us full circle to the issue at hand, which is this partic -- the issue on -- that Larry has before us, and I think your comment, Mr. Chairman, just now about monies that we could bring back to our taxpayers may be equally important in this particular case. Larry, would you repeat again this $12 million -- 12 of the 15 -- we had 15 million. Mr. Spring: The money that's in this appropriation now does not affect our coffers whatsoever. It's money that is passed through from the State to the pension board. Commissioner Winton: Oh, this is just -- Mr. Spring: We're just a receiving -- Commissioner Winton: -- (UNINTELLIGIBLE) pass -through. Mr. Spring: -- agent. We're just a -- Commissioner Winton: Oh. Mr. Spring: -- pass -through agent. Commissioner Winton: I have to wait until the budget time to talk about -- Mr. Spring: Yes. Commissioner Winton: -- that issue then. Mr. Spring: Yes. City of Miami Page 95 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Vice Chairman Gonzalez: I understood that. I understood his point on that -- in that -- Commissioner Winton: Yeah, but I for -- I did, too -- Vice Chairman Gonzalez: -- in the money. Commissioner Winton: -- but I forgot. Vice Chairman Gonzalez: Yeah, right. Commissioner Winton: I forgot. Vice Chairman Gonzalez: All right. Any further discussion? OK, hearing none, we need to vote on this item. Mr. Fernandez: It's an ordinance. Commissioner Allen: It's ordinance. Vice Chairman Gonzalez: Oh, it's an ordinance? OK -- Mr. Fernandez: Yes. Vice Chairman Gonzalez: -- Mr. City Attorney. Mr. Fernandez: Now, the ordinance has been amended from that which was presented to you this morning -- Mr. Spring: Correct. Mr. Fernandez: -- and Lori has just distributed it to you. Vice Chairman Gonzalez: Roll call, Madam City Clerk. Ms. Thompson: Roll call. Mr. Fernandez: It's an emergency ordinance -- I'm sorry. Ms. Thompson: Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been adopted as an emergency measure, 4/0. Mr. Spring: Thank you very much. ORDINANCE - SECOND READING SR.1 05-00694 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), ACCEPTING AND APPROPRIATING THE 2005 SERIES Recreation SPECIFIED/PER CAPITA SAFE NEIGHBORHOOD PARKS BOND FUNDS GRANT, IN THE AMOUNT OF $3,000,024; AMENDING ORDINANCE NO. 12622, AS AMENDED, APPROPRIATING SAID FUNDS INTO THE CAPITAL IMPROVEMENT PROJECT NUMBERS SPECIFIED HEREIN; AUTHORIZING City of Miami Page 96 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN FORMS AND SUBSTANCE ACCEPTABLE TO THE CITY ATTORNEY AND THE RISK MANAGEMENT ADMINISTRATOR, FOR ACCEPTANCE OF THE GRANT; AND AUTHORIZING, PURSUANT TO THE PROVISIONS OF THE SAFE NEIGHBORHOOD PARK ORDINANCE, THE PAYMENT OF (1) SUPPLEMENTAL FUNDS REQUIRED TO COMPLETE SAID PROJECTS IF THE COST OF SAID PROJECTS EXCEED THE GRANT ALLOCATION, AND (2) FUNDS TO OPERATE, MAINTAIN AND PROVIDE PROGRAMMING AT EACH PROJECT UPON ITS COMPLETION. 05-00694- Legislation FR/SR.pdf 05-00694-Exhibit FR/SR.pdf 05-00694 Summary Form SR.pdf 05-00694- Summary Form FR.pdf 05-00694- Agreement Pgs FR/SR.pdf 05-00694- Affidavits FR/SR.pdf 05-00694- Sworn Statements FR/SR.pdf 05-00694- Charts FR/SR.pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Allen Absent: 2 - Commissioner Gonzalez and Regalado 12725 Chairman Sanchez: Let's go to SR.1. Commissioner Allen: OK Chairman Sanchez: All right. SR.1 is accepting the appropriating series 205 [sic] Safe Neighborhood Park Bond fund I mean -- Commissioner Winton: Now, I got to figure out where I am. Chairman Sanchez: SR.1, I don't see a problem with that one -- Commissioner Winton: So move. Chairman Sanchez: -- but as we -- Commissioner Winton: It's second reading. Second reading, right? So moved. Chairman Sanchez: Yeah, this is second reading ordinance. Commissioner Allen, are you OK with this, accepting the -- Commissioner Allen: This is -- we're on -- Commissioner Winton: SR.1. Chairman Sanchez: SR.1. Commissioner Allen: Yeah, SR.1. Chairman Sanchez: Which is accepting and appropriating series -- City of Miami Page 97 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Commissioner Allen: Oh, yes, this -- Chairman Sanchez: -- 205 [sic] Safe Neighborhood Park -- Commissioner Allen: Right. Chairman Sanchez: -- Bond funds. That's -- Commissioner Allen: This is perfunctory, yes. Chairman Sanchez: All right. Parks -- Mr. Parks Director. Commissioner Winton: Well, I move -- I -- don't we have a motion and second? Commissioner Allen: I second. Commissioner Winton: Oh. Chairman Sanchez: Yeah, there is on the floor a motion by Commissioner Winton, second by Commissioner Allen, correct? Commissioner Allen: Yes, sir. Chairman Sanchez: All right. This is an ordinance that requires a second reading. Priscilla A. Thompson (City Clerk): And a public hearing. Chairman Sanchez: It's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. I am so shocked not to see the parks people here on this item. Commissioner Winton: Well, that's because the one parks person doesn't know anything from shinola. Chairman Sanchez: All right. OK, the public hearing is closed at this time, coming back to the Commission. All right. It's an ordinance. Mr. City Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: All right. Madam Clerk, roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. ORDINANCES - FIRST READING FR.1 05-00697 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Economic 38, ARTICLE V, DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, Development FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION/GOLF COURSES/RATES AND CHARGES" PROVIDING THAT FEES FOR USE OF City of Miami Page 98 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 CITY -OWNED GOLF COURSE FACILITIES BE ESTABLISHED FROM TIME -TO -TIME BY THE CITY MANAGER, OR BY AGREEMENT WITH A PRIVATE PARTY FOR THE OPERATION AND MANAGEMENT OF THE GOLF COURSE FACILITY AS APPROVED BY THE CITY COMMISSION, WHICH FEES SHALL INCLUDE A DISCOUNT FOR CITY RESIDENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00697- Legislation FR/SR.pdf 05-00697 Summary Form SR.pdf 05-00697- Summary Form FR.pdf 05-00697- Green Fees FR/SR.pdf 05-00697- Special Golf Rates FR/SR.pdf Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado Chairman Sanchez: All right. Let's go -- yeah, let's go ahead and go to FR.1. FR.1 is an ordinance on first reading. Commissioner Allen: FR.1. Chairman Sanchez: It pertains to the Melreese fees, and it's here on first reading. Go ahead. Could you state something on the record? Laura Billberry: Lori Billberry, Economic Development. The fees that are established in the City Code have not been amended since 1990, and -- Commissioner Winton: Whoa. Ms. Billberry: -- basically, what we're proposing is that the City Manager be able to establish the fees for use of the golf course after considering any debt service that may be at the property, as well as the market rates for similar facilities. There will include a minimum discount of 40 percent off of regular greens fees for City residents, and there is one other part to this. Currently, there is a provision in the Code that says that these fees would not apply when there is a management agreement that is for a term of more than 20 years. We are provide -- recommending that we delete the provision that it be for a management agreement of more than 20 years, and just say a management agreement because any management agreement would be approved by this Commission, which the agreement itself can set forth the rates, including discounts for City residents. Commissioner Allen: All right. Chairman Sanchez: All right. Vice Chairman Gonzalez: OK. Commissioner Allen: Wait, wait. Yeah, you said a mouthful. I'm sorry. Go ahead. Chairman Sanchez: Well, let's get a motion and a second for the purpose of discussion. Commissioner Allen: OK, a motion -- I -- a motion. I'd like to have a discussion on the item. Chairman Sanchez: There's a motion by -- City of Miami Page 99 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Vice Chairman Gonzalez: 171 second -- Chairman Sanchez: -- Commissioner Allen -- Vice Chairman Gonzalez: -- for discussion. Chairman Sanchez: -- second by Vice Chairman Gonzalez, for the purpose of discussion. Commissioner Gonzalez, you're recognized. Vice Chairman Gonzalez: OK. What you're trying to do is to increase the fees, right? Ms. Billberry: No. We are leaving the fees as they are today. They basically -- the fees that were in the Code were not actually being implemented properly, to be quite honest, and this is to keep the fees as they are today, with a minimum discount of 40 percent for City residents. This is to bring things into compliance. Vice Chairman Gonzalez: OK, because -- Commissioner Winton: But if the fees are modified, they come back here, or it's -- Commissioner Allen: Right. Commissioner Winton: -- the sole discretion of the City Manager? Ms. Billberry: We were recommending that it be -- when it's a City -run facility, that it be as established by the City Manager. Commissioner Allen: Right, what -- Vice Chairman Gonzalez: You know, what my concern is that I -- you know, I want the fees to be -- because we cannot compare this golf course to any other golf course -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- in the County because it's a -- right now, it's a total disaster; we all know that. Once we come up with the new project, you know, when the golf course is reconstructed and we construct the facility and all that, then yeah, it -- I hope that it will be the best in the County, OK. That is my only concern, that I want to make sure that whatever we're going to charge is fair, and my second concern that has been addressed here is that the City residents will have a good discount -- Chairman Sanchez: Forty percent. Vice Chairman Gonzalez: -- so, you know, which is -- 40 percent is -- Chairman Sanchez: Very good Vice Chairman Gonzalez: -- substantial, it's very good Commissioner Winton: Yeah, that's a big discount. Ms. Billberty: When we do a management agreement and/or a lease agreement with a successful proposer for the redevelopment of the golf course, that agreement does come back to the Commission, and it can spell out the methodology for establishing -- City of Miami Page 100 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Commissioner Allen: Yeah, that's -- Ms. Billberty: -- the rates. Commissioner Allen: -- what I wanted to get. That was my question, yeah. Ms. Billberry: And we did require, though, specifically in the Code, that it will include a discount for City residents -- Vice Chairman Gonzalez: OK. Ms. Billberry: -- but you will have an opportunity to approve that at that time. Vice Chairman Gonzalez: All right. Commissioner Allen: OK, that was one of my concerns, the methodology that's being utilized here, but also, additionally, this will be deleted or the provision will be eliminated if it's tied to a 20-year lease, and it's being managed by a private entity because you said a mouthful relative to that. Ms. Billberry: Currently, there is a provision that already says that the provisions do not apply when the management -- when there is a management agreement for a term of more than 20 years, so we're just deleting the reference to a term of more than 20 years because those agreements are going to come to you regardless -- Commissioner Allen: Right. Ms. Billberry: -- so you will have an opportunity for input at that time, whether it's a one-year agreement, a five-year agreement, a fifty-year agreement; all of those are going to come to you. Commissioner Allen: Great, OK. Chairman Sanchez: All right. No further discussion. It is a public hearing. Are there any golfers here? The public hearing is open. Vice Chairman Gonzalez: There's one back there. Chairman Sanchez: There is no one coming up to speak on this issue, so therefore, on the record the public hearing is closed coming back to the Commission. It is an ordinance on first reading. Mr. City Attorney, read the ordinance into the record, followed by a roll call. Jorge L. Fernandez (City Attorney): FR.1. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: All right. No further discussion. I mean, Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. FR.2 05-00839 ORDINANCE First Reading City of Miami Page 101 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Finance CHAPTER 18/ ARTICLE IX/DIVISION 2 ENTITLED "FINANCE/FINANCIAL POLICIES/FINANCIAL INTEGRITY PRINCIPLES" BY CLARIFYING AND EXPANDING THE FINANCIAL INTEGRITY PRINCIPLES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 05-00839 Legislation SR/FR .pdf 05-00839 Summary Form SR.pdf 05-00839 Summary Form FR.pdf Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado Chairman Sanchez: All right. Let's see if we could -- can we do the financial integrity principles, or do you want to -- I don't have a problem with it. I mean, do you want to proceed with it -- this now, or do you want to leave it to the afternoon? Commissioner Winton: How about the REs (resolutions)? Can you do the REs? Chairman Sanchez: Huh? Scott Simpson (Director, Finance): FR.2. Chairman Sanchez: FR.2. I don't see a problem with it. I mean -- Commissioner Winton: Doesn't bother me. Chairman Sanchez: Huh? Commissioner Winton: Doesn't bother me. Commissioner Allen: Which is -- Mr. Simpson: FR.2. Chairman Sanchez: FR.2. Commissioner Allen: FR.2, I'm sorry Chairman Sanchez: It's amending the financial integrity principles. I mean, we've all been briefed on it. I mean, it's within the scope of the law. All right. Go ahead Mr. Simpson: Scott Simpson, Finance Department. I'm here today asking for approval of FR.2, which is amending the financial integrity ordinance. The ordinance itself requires that we periodically review it to make sure it's timely and applicable. The changes that are in this are mostly cosmetic, contemplating some GASB-34 (Government Accounting Standard Board) implementation issues, as well as clarification of titles. For example, changing title from internal auditor to auditor general. Chairman Sanchez: All right, so you're basically -- cleanup items. Mr. Simpson: Yes, sir. City of Miami Page 102 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 FR.3 05-00924 Department of Capital Improvements Program Chairman Sanchez: OK. All right. We need a motion. Commissioner Winton: So moved. Commissioner Allen: I make a motion to approve. Chairman Sanchez: There's a motion by Commissioner Allen, second by Commissioner Winton. It is an ordinance on first reading. Before we open it up for discussion, is there anyone from the public wishing to address this item? Please step forward and be recognized Hearing none, seeing none, the public hearing is closed, and the ordinance comes back on first reading for discussion from the Commission. Have -- seeing no discussion from the Commission, Mr. City Attorney, could you read the ordinance on first reading into the record, followed by a roll call. Jorge L. Fernandez (City Attorney): FR.2. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD," MORE PARTICULARLY BY AMENDING SECTION 2-1203(E), ELIMINATING THE STIPULATION THAT A CHAIRPERSON CANNOT SERVE FOR MORE THAN TWO YEARS IN OFFICE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00924 Legislation FR/SR.pdf 05-00924 Summary Form SR.pdf 05-00924 Summary Form FR.pdf 05-00924 Previous Legislation FR/SR.pdf 05-00924 Law Department Receipt FR/SR.pdf 05-00924 Previous Cover Memo FR/SR.pdf 05-00924 Article XI -Bond Oversight FR/SR.pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado Chairman Sanchez: All right. That leaves us on first reading, I believe it's FR.3. Priscilla A. Thompson (City Clerk): Correct. Commissioner Allen: FR.3. Chairman Sanchez: FR.3 is just -- Commissioner Winton: Move it. City of Miami Page 103 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Chairman Sanchez: No, wait, wait. This is an item that needs -- she needs to put some things on the record I do believe that this is the capital improvement project bond, and it's basically changes for rules for the Bond Oversight Board? Mary Conway: That's correct. Mary -- Chairman Sanchez: All right. Ms. Conway: -- Conway, CIP (Capital Improvement Projects). When the ordinance was initially adopted, associated with the Bond Oversight Board, there was a term limit that was established for the board chairman. It's inconsistent with any other City board, so this item, administratively, is just removing the term limit so that the chairman can remain in the position beyond the two years, for continuity purposes for the board. Chairman Sanchez: All right. Vice Chairman Gonzalez: Let me ask a question on that. Is the chairman elected by the rest of the board members or -- ? Ms. Conway: The chairman is appointed by the Mayor. Commissioner Allen: So based on what you're suggesting is there will be no term limit as to the chairmanship or any board members' tenure on the board? Ms. Conway: What -- Commissioner Allen: Yeah, it says currently prohibits any chairperson from serving more than two years, so we're eliminating that, right? Ms. Conway: For -- Commissioner Allen: That means they can serve beyond two years? Ms. Conway: The chairman, yes. Commissioner Allen: Right. The chairperson, right. Ms. Conway: That the chairperson appointed by the Mayor could serve beyond two years. Commissioner Allen: Well, let me ask you this, what was the intent with respect to the previous ordinance? Why did we -- what's the intent and purpose of the previous ordinance? Why did we have a capitation on the terms of years for a chairperson? Ms. Conway: I apologize, but I have no idea. I'm not sure. Chairman Sanchez: But no other board -- Commissioner Allen: So, well, what's the intent -- purpose and intent for this? Chairman Sanchez: -- has term -- Commissioner Allen: I'm just curious, yeah. Chairman Sanchez: -- limits -- City of Miami Page 104 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Commissioner Allen: That's what I'm saying. Chairman Sanchez: -- as the chair. Commissioner Allen: I need to know, you know, just -- Ms. Conway: It was an inconsistency; I'm not sure why. When this was drafted, it was inconsistent with all other City boards. Commissioner Allen: Well, let me ask you, since we're dealing with the Bond Oversight Board, you think it may have something to do with the fact that, you know, you're dealing with bonds, you're dealing, you know, spending limits, and of course, we've got to have someone that's competent and there should be a rotation? I don't know. I mean, I just don't -- I don't see the intent behind why we have to change this. I mean, it may seem pretty innocuous on its face. It may seem pretty elementary, but what's the intent and purpose behind this? Ms. Conway: To have consis -- Commissioner Allen: What are we achieving? Ms. Conway: -- consistency -- Commissioner Allen: What sort of efficiency gained? Ms. Conway: -- with the other -- Commissioner Allen: I'm just -- Chairman Sanchez: See -- Ms. Conway: -- boards and to allow continuity regarding the different items and projects brought before the board. Commissioner Allen: Just for the record, so I would know. I mean -- Commissioner Winton: She just put it on the record. Chairman Sanchez: She just put it on the record No -- Commissioner Allen: I'm sony. I was distracted Chairman Sanchez: -- other -- Commissioner Winton: And you were listening to somebody else. Commissioner Allen: I'm sony. Chairman Sanchez: Commissioner Allen -- Commissioner Allen: I was distracted. I apologize. Chairman Sanchez: -- no other -- Commissioner Allen: Yeah. City of Miami Page 105 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Chairman Sanchez: -- board has term limits as chairs. This is the only one that has. Commissioner Allen: OK, this is the only one that has. Vice Chairman Gonzalez: But the -- Chairman Sanchez: So -- Vice Chairman Gonzalez: -- chairs on the other boards are elected by the -- Commissioner Allen: By the -- Vice Chairman Gonzalez: -- rest of the board. Commissioner Allen: Right. Vice Chairman Gonzalez: They're not appointed, unless it has changed, Madam Clerk. Ms. Thompson: Well -- Vice Chairman Gonzalez: Because when I was -- when I served -- Commissioner Winton: How about MSEA (Miami Sports and Exhibition Authority)? I mean -- Vice Chairman Gonzalez: -- as the chairman of the Code Enforcement Board I was elected by my colleagues on the board; is that correct? Ms. Thompson: Without having all of my board information before me, and I would have to go back and check, but normally, the chair is elected by the board members, is my understanding. Commissioner Allen: Right, OK. Commissioner Winton: That's not the -- Commissioner Allen: All right. Commissioner Winton: -- case in the Mayor's International Council. Ms. Thompson: I said, without having everything before me; I can -- Commissioner Winton: The Mayor appoints -- Ms. Thompson: -- check. Commissioner Winton: -- on the Mayor's International Council, appoints the chairman. Commissioner Allen: Right. Vice Chairman Gonzalez: Oh. Commissioner Allen: It's a very important board here. OK. Vice Chairman Gonzalez: All right. City of Miami Page 106 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Commissioner Allen: Fair enough. Chairman Sanchez: All right. Is there a motion? Vice Chairman Gonzalez: Yeah, I move. Commissioner Winton: So moved. Commissioner Allen: I second. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez, second by Commissioner Allen. It is an ordinance on first reading, requiring a public hearing. Is there anyone from the public wishing to address this item? Seeing none, hearing none, the public hearing is closed, coming back to the Commission. No further discussion on the item. Mr. City Attorney, read the ordinance on first reading into the record, followed by a roll call. Jorge L. Fernandez (City Attorney): FR.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. FR.4 05-00973 ORDINANCE First Reading Office ofthe City AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING PROVISIONS Attorney FOR EARLY VOTING IN THE CITY OF MIAMI, PURSUANT TO FLORIDA STATUTE §100.3605, FOR THE MUNICIPAL ELECTIONS TO BE HELD ON NOVEMBER 1, 2005 AND NOVEMBER 15, 2005; DESIGNATING CERTAIN SITES AND TIMES FOR EARLY VOTING; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 05-00973 Legislation SR.pdf 05-00973 Cover Memo SR.pdf 05-00973 Legislation FR.pdf 05-00973 Cover Memo FR .pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Allen Absent: 2 - Commissioner Gonzalez and Regalado Chairman Sanchez: All right. Let's go ahead and go to the FR.4, which is making provisions for early voting in the City of Miami. That is just a change from two weeks to one week, and I don't see a problem with that. It doesn't require -- Jorge L. Fernandez (City Attorney): Mr. -- Chairman Sanchez: -- a four -fifth. I -- Priscilla A. Thompson (City Clerk): Actually -- Mr. Fernandez: There's a small correction that needs to be made. It's a typographical error. City of Miami Page 107 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 On the title of that ordinance, the wrong statute -- or the wrong number was inserted. It should read Florida Statute 100.3605, rather than 1.13605, like we see here, so we added a one where we shouldn't have had -- Commissioner Allen: All right. Mr. Fernandez: -- so it's just a minor correction, a scrivener's error correction to the title. Chairman Sanchez: OK. It is a -- Mr. Fernandez: Ordinance. Chairman Sanchez: Hold on, let me get there. It is an ordinance on first reading, so we need a motion. Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. Commissioner Allen: Second Chairman Sanchez: Second by Commissioner Allen. Before we open it up 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, for the record the public hearing is closed, coming back to the Commission for discussion. Hearing no discussion on the item, the ordinance has been amended on the floor. Mr. City Attorney, could you read it into the record? The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: All right. Madam Clerk, roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. City of Miami Page 108 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 RE.1 05-00895 Department of Capital Improvement Programs/Transpor tation RE.2 05-00925 Department of Capital Improvement Programs/Transpor tation RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 04-0516, ADOPTED JULY 29, 2004, FURTHER AMENDED BY RESOLUTION NO. 04-0699, ADOPTED OCTOBER 28, 2004, FURTHER AMENDED BY RESOLUTION NO. 04-0790, ADOPTED DECEMBER 9, 2004, BY AUTHORIZING THE CITY MANAGER TO EXERCISE THE FOURTH AND FINAL RENEWAL OPTION IN THE JOB ORDER CONTRACT WITH C.W. CONSTRUCTION, INC., PURSUANT TO THE EXISTING MIAMI BEACH CONTRACT NOS. 12-03/04, 13-03/04 AND 14-03/04, EFFECTIVE UNTIL MAY 25, 2006, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE CITY OF MIAMI BEACH IN AN AMOUNT NOT TO EXCEED $2,000,000, INCREASING THE TOTAL CONTRACT AMOUNT NOT TO EXCEED $10,000,000; ALLOCATING FUNDS IN THE AMOUNT OF $2,000,000, FROM VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS, ON AN AS -NEEDED BASIS, SUBJECT TO BUDGETARY APPROVAL. 05-00895 Legislation.pdf Summary Form- JOC CW increase.doc 05-00895 Text File Report 1.pdf 05-00895 Text File Report 2.pdf 05-00895 Text File Report 3.pdf 05-00895 JOC Services.pdf 05-00895 Construction Contract Cover Pgs.pdf 05-00895 Miami Beach Commission Item.pdf 05-00895 Invitation to Bid Addendums.pdf 05-00895 Gordian Group Project Manual 1.pdf 05-00895 Gordian Group Project Manual 2.pdf 05-00895 Gordian Group Project Manual 3.pdf 05-00895 Gordian Group Project Manual 4.pdf 05-00895 Gordian Group Project Manual 5.pdf 05-00895 Gordian Group Project Manual 6.pdf 05-00895 Gordian Group Project Manual 7.pdf 05-00895 Gordian Group Project Manual 8.pdf 05-00895 Gordian Group Project Manual 9.pdf WITHDRAWN Chairman Sanchez: All right. Moving right along, we could take care of the -- RE.1 has been pullet, I believe. RE.1, for the record, has been pulled RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF SHORELINE FOUNDATION, INC., RECEIVED MARCH 22, 2005, PURSUANT TO INVITATION FOR BID NO. 04-05-026, FOR THE PROJECT ENTITLED "DINNER KEY MARINA FUEL DOCK, B-60465," IN THE AMOUNT NOT TO EXCEED $1,041,000; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $1,041,000, FROM CAPITAL IMPROVEMENT PROJECT ACCOUNT NO. 326015, B-60465, FOR CONTRACT COSTS, PLUS $221,751, FOR ESTIMATED COSTS INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS City of Miami Page 109 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 NOT TO EXCEED $1,262,751, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-00925 Legislation.pdf 05-00925 Exhibit 1.pdf 05-00925 Exhibit 2.pdf 05-00925 Exhibit 3.pdf 05-00925 Summary Form.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado RE.3 05-00904 Department of Capital Improvement Programs/Transpor tation R-05-0533 Chairman Sanchez: We'll go to RE.2. It's accepting bid for Dinner Key Marina fuel dock. Mary Conway: Yes. Mary Conway, Capital Improvements. This item is a resolution to accept the bid of Shoreline Foundation, in the amount of $1.41 million, for the Dinner Key Marina fuel dock project. Commissioner Winton: So moved. Chairman Sanchez: All right. There's a -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- motion by Commissioner Winton, second by Vice Chairman Gonzalez. Discussion. No discussion on the item. It 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, 4/0, for the record. RESOLUTION "PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY - MODIFICATIONS DIRECTED BY CITY COMMISSION HAVE NOT BEEN INCORPORATED." A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH HDR ENGINEERING, INC., THE HIGHEST -RANKED FIRM, PURSUANT TO REQUEST FOR PROPOSALS NO. 04-05-019, TO PROVIDE PROFESSIONAL PROGRAM MANAGEMENT SERVICES FOR THE CAPITAL AND TRANSPORTATION IMPROVEMENT PROGRAM, FOR A ONE-YEAR PERIOD, IN THE AMOUNT NOT TO EXCEED $7,280,878, CONSISTING OF $5,780,679, FOR PRIMARY PROGRAM MANAGEMENT SERVICES, PLUS $1,500,199, FOR SPECIALTY SERVICES City of Miami Page 110 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 FOR THE MIAMI STREETCAR PROGRAM, WITH THE OPTION TO RENEW FOR FIVE ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM VARIOUS CAPITAL PROJECT ACCOUNTS, SUBJECT TO BUDGETARY APPROVAL. 05-00904 Legislation.pdf 05-00904 Exhibit 1.pdf 05-00904 Exhibit 2.pdf 05-00904 Exhibit 3.pdf 05-00904 Exhibit 4.pdf 05-00904 Exhibit 5.pdf 05-00904 Exhibit 6.pdf 05-00904 Exhibit 7.pdf 05-00904 Exhibit 8.pdf 05-00904 Exhibit 9.pdf 05-00904 Exhibit 10.pdf 05-00904 Exhibit 11.pdf 05-00904 Exhibit 12.pdf 05-00904 Summary Form.pdf 05-00904-Summary Form Substitute.pdf 05-00904 Text File Report.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Allen Absent: 2 - Commissioner Winton and Regalado R-05-0534 Direction to the Administration by Vice Chairman Gonzalez to arrange a meeting with himself the City Manager, Mary Conway, Linda Haskins, and Alicia Cuervo Schreiber next week to discuss Homeland Defense Bond allocations for infrastructure improvements in District 1. Chairman Sanchez: RE.3. Commissioner Allen: RE.3. Commissioner Winton: RE.3, move it. Commissioner Allen: OK Chairman Sanchez: All right. There is -- Commissioner Allen: This is extend -- Maly Conway (Director, Capital Improvement Projects/Transportation): On RE.3 -- Mary Conway -- I'd like to hand out a substitute item for the item that's in your package. Chairman Sanchez: All right, but for the record, there is a motion by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez, so that's where we're at right now. It's just a resolution, and there is an amendment being passed out that will be put on the record as to -- the amendment -- City of Miami Pagel]] Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Ms. Conway: The change. Chairman Sanchez: -- on the record. Ms. Conway: The amended item -- the item that was initially before you was requesting authority for an initial term of a contract for three years, with three one-year optional extensions. The substitute item is requesting an initial term of one year, with five one-year extension options, at the discretion of the Commission, and the vendor has agreed to the change in the terms. Commissioner Allen: Yeah. Just a quick question -- Chairman Sanchez: All right. Commissioner Allen: -- relative to this -- Chairman Sanchez: The amendment has been put on the record. Commissioner Allen, you're recognized. Commissioner Allen: Just for discussion, right. We do have some internal controls in place to, if you will, make sure that their unit prices are accordingly within a market range because what we're doing here is we're hiring a consultant, right, for providing professional program management services, right, for your department, Capital Improvement/Transportation, correct? Ms. Conway: Yes. This -- Commissioner Allen: Notwithstanding we have the funding source for this, but is there internal controls in place, with respect to whatever invoices that come in, to make sure that it's specifically line item as to what services they're providing relative to what they're -- what the payment might be? I mean, I need -- Ms. Conway: We're -- the Capital Improvements office is working right now with the IT (Information Technology) Department through the update of the new database that's being established to make sure that all the controls are in place, and that we will be able to track, not only our internal staff time charges, but the industry partners who are assisting us in the delivery of the program -- Vice Chairman Gonzalez: Mr. Chairman. Ms. Conway: -- so, the answer's yes. Commissioner Allen: Because we're paying -- Chairman Sanchez: Vice Chairman -- Commissioner Allen: -- it's a lot of money. Chairman Sanchez: -- Gonzalez. Vice Chairman Gonzalez: Mr. City Manager, looking at this item, I see the necessity -- and I already talked to Mary about having a meeting, yourself Linda Haskins, Mary Conway, Alicia, because you know, when I read this background information, the City has established a sizeable capital and transportation improvement program currently funded at over $675 million, and consisting of over one -- 1,100 projects that have been, or will be funded throughout the City of Miami Page 112 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Homeland Defense and Neighborhood Improvement Bond program, and the truth of the matter is that when the Homeland Defense Bond program was created, or established, District 1 was left out of the pact. I'm not blaming anybody, you know, but it's a fact, and when I first got elected, we started discussion about the issuance of the first $150 million, I think it was. I found out that District 1 didn't had any kind of monies for infrastructure improvement, for -- actually, what we had was some money to clean up a mess that have existed in the City of Miami, specifically in Fern Isle Park, for over 40 years, that was used as a dump site, same thing that happened with Grapeland I had $5 million for quality of life, and that was it. Actually, I had, I think it was $14 million out of $255 million, OK. Once again, I don't want to blame anybody. It was -- it probably went by somebod;'s eyes and they didn't notice it, but my responsibility now is to find money so District 1 receive, if not the same amount, a considerable amount of monies for infrastructure improvement and for other, you know, problems that we have in the district, so I please ask you that, next week, we sit at a table and find ways that -- because from the Homeland Defense, like I told Maly, you have to abide by what the taxpayers approved and you can't deviate from that, so I'm not going to be asking any money from that because I know that it cannot be allocated to my district because it was not approved by the voters, but there has to be other ways where we can find -- and other sources where we can find some monies to continue to do street improvements and sidewalk improvements, and park improvements, and you know, and needs of the district, so I, respectfully, request that next week we have a meeting -- Joe Arriola (City Manager): Commissioner -- Vice Chairman Gonzalez: -- and start addressing this issue. Mr. Arriola: -- you're only asking for your fair share, and I could not agree with you more. Somehow, somewhere, and we've talked about this, your district didn't get a fair share. I don't know why. I'm not going to go -- Commissioner Winton: Y'all are going to have a -- Vice Chairman Gonzalez: Listen -- Mr. Arriola: -- into that. Vice Chairman Gonzalez: -- it wasn't anybody's -- Commissioner Winton: -- meeting next week. Vice Chairman Gonzalez: -- fault. It was an oversight, you know -- Mr. Arriola: But, you know -- Vice Chairman Gonzalez: -- but I don't want to go -- Mr. Arriola: No. Vice Chairman Gonzalez: -- into that. I don't want to -- Mr. Arriola: Absolutely not. Vice Chairman Gonzalez: -- you know, critique the process or anything. All I want to do is to see if there is a way that we can find some money. That's all I'm asking for. Mr. Arriola: I think you're going to have the opportunity, with the new street bonds coming, and you really need some money to help in your district, and I'm sure that the Commissioners are City of Miami Page 113 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 going to be more than -- Vice Chairman Gonzalez: OK. Mr. Arriola: -- ready, but you -- Vice Chairman Gonzalez: Thank you very much. Mr. Arriola: -- you're right. You had money for a cleanup, not even for a park, for a cleanup -- Vice Chairman Gonzalez: No, for a cleanup. Mr. Arriola: -- that it should have been a citywide problem because the whole city dumps there, not only your district -- Vice Chairman Gonzalez: Exactly. Mr. Arriola: -- and then your $5 million, so when you really look at it, you only have 5 million bucks. Vice Chairman Gonzalez: Exactly, $5 million. All right. Thank you very much. Thank you. Commissioner Allen: Mr. Chairman, just quickly, with respect to the substituted items I just receiver, you turn on the second page, the third -- the second paragraph there, it says these specialty services are to be assigned via work order and are subject to City Commission and/or City Manager approval, consistent with the provision of the City Code. My concerns is -- there is -- that gives us the ability, either the City Commission or the City Manager approval, correct? So is this a and/or? As I look at here -- it says here -- are you following me? Ms. Conway: Yes. The City Commission -- Commissioner Allen: So shouldn't we just delete City Manager and have Commission, because you have and/or City Manager approval? What's -- Ms. Conway: The Commission -- Commissioner Allen: -- why the alternative? Ms. Conway: -- via this vote will provide the authority and the City Manager will then execute the contract. Commissioner Allen: Right, OK. Consistent with the (UNINTELLIGIBLE), OK, so in other words, at this juncture, for the first year, these individuals can conceivably gross up to $5.78 million, correct? Ms. Conway: Yes, that's correct. That's a maximum -- ups that limit amount. Commissioner Allen: And -- Chairman Sanchez: Not 30. Commissioner Allen: Pardon me? Chairman Sanchez: Not 30. City of Miami Page 114 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Ms. Conway: On a year-to-year -- and then the City will come back before the Commission on an annual basis, as needed, requesting options. Chairman Sanchez: Look -- Commissioner Allen: And it -- Chairman Sanchez: If I may -- Commissioner Allen: Yeah. Chairman Sanchez: -- this is just us adding more internal controls in the process here. You know, you're talking about one year for five years, and every year, it's going to have to come in front of this Commission. Commissioner Allen: Right. Chairman Sanchez: You know, I remember clearly when we first passed the bond ordinance that I said we passed the bond ordinance. What do we do now? Because we were faced with having to put out those bonds, $155 million worth of projects, which we have in place. You have a hundred and plus items out there that are all on a time frame. Every Commissioner is pushing the Administration to get their projects done. We realize that, in many cases, you know, we have to do emergency ordinance and do it out because look, the bottom line is, if we bid those projects that are millions of dollars out, whoever comes in second place are going to appeal. We know that. It done in the past, and then your project, instead of being done in a year or two, ends up being done in six years. Vice Chairman Gonzalez: Six years. Commissioner Allen: That's right. Chairman Sanchez: Then we have other problems because IRS (Internal Revenue Service) is going to be all over us, bond counsel is going to be all over us, the stock market's going to be all over us, so these are the things that, as we go along, we're adding more internal controls to make sure that now we, instead of saying, OK, we're going to give them five years, $30 million. No. We want to make sure that every year you have to come in front of this Commission -- Commissioner Allen: Right. Chairman Sanchez: -- which we are the legislative body, to make sure that those $5 million were spent wisely, but let me state this because, you know, I have to say this. The truth of the fact is that when you deal with $155 million, at the end of the day, there is going to be some hiccups, minor hiccups. Every corporation in America that deals with that type of money, there's an audit. It's the auditor's job. The auditor just didn't do one audit. It wasn't an investigation. He does audits. That's his job. He does thirty -some audits every year, twenty -some audits; Bay front Park, Virginia Key, you know. Every department he does audits, so when it comes back and there are no findings, there are no findings in those audits. They're just recommendations, you know, and the City went out and acted in good faith and recouped that money, you know. We -- these are things that we have to learn. It's growing pains for a city that, for once in its life, is enjoying a prosperous future, and we have the opportunity now to enhance and do those projects that we're faced with this, so as we come along, I'm glad to see the Administration right now is basically putting these internal controls to make sure that we don't repeat what we just repeat -- Commissioner Allen: Right. City of Miami Page 115 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Chairman Sanchez: -- not long ago. Ms. Conway: Absolutely. Chairman Sanchez: So this is just -- Commissioner Allen: Good job. Chairman Sanchez: -- a step in the right direction of what I consider good business practice. Commissioner Allen: Right. Vice Chairman Gonzalez: And if you allow me -- Chairman Sanchez: Absolutely. Vice Chairman Gonzalez: -- I don't regret having approved those emergency items. Chairman Sanchez: Neither do I Vice Chairman Gonzalez: You know why? And I don't regret approving -- having approved the job contracts because, you know what? Based on my own experience, I had two projects that were bidded out, and I've been talking about those two projects for over -- it's going to be two years now --- 19th Street, 19th Terrace, OK. They might have been the cheapest one, but let me tell you, it has cost me, OK, and it has cost the City in people's disappointment, people inconveniences, the job was a mess. They had to go back three times to redo the job. In the other hands, I had two projects that were done through these job contract companies, 14th Street and 34th Avenue, no complaints. The job was done on time or before the schedule, before schedule, long before the scheduled time and on budget, so -- and also, in addition to that, what you just mentioned, if we would have taken all of these contracts out to bid, for example, the Grapeland Park, I would probably will never see it done because I would probably die before. Maybe my daughter will have seen it, but I will never see it, OK, same thing with Fern Isle, so I don't care if people criticize me, but I think we did the right thing, and I don't regret having voted for that, and if the circumstance is presented again, I will support that move, as long as it is doing projects on budget and on schedule, and without people's complaint; that's where it counts. Commissioner Allen: All right, so I -- Chairman Sanchez: All right. Is there -- Commissioner Allen: -- move the items. We seconded it, correct? It's -- Vice Chairman Gonzalez: Yeah, I did. Chairman Sanchez: For the -- Commissioner Allen: Yeah. Chairman Sanchez: There's a motion and a second I believe, Madam Clerk. The motion was made by Commissioner -- Priscilla A. Thompson (City Clerk): Winton. Chairman Sanchez: -- Winton, and it was second by Vice Chairman Gonzalez. City of Miami Page 116 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 RE.4 05-00961 Office of the City Attorney Ms. Thompson: Correct. Vice Chairman Gonzalez: Right. Chairman Sanchez: All right. There's no further discussion on this item. It 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF BOND COUNSEL FEES AND COSTS, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE ENGAGEMENT OF GREENBERG TRAURIG, P.A. TO PROVIDE BOND COUNSEL SERVICES, IN CONNECTION WITH SPECIAL REVENUE REFUNDING BOND SERIES 1987; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT, FOR SAID SERVICES; FURTHER AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE NECESSARY DOCUMENT(S) TO EVIDENCE THE CITY'S WAIVER OF A POTENTIAL CONFLICT OF INTEREST IN THE ENGAGEMENT OF BOND COUNSEL. 05-00961 Legislation.pdf 05-00961 Cover Memo.pdf 05-00961-Sanchez Conflict.pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Abstained: 1 - Commissioner Sanchez R-05-0535 Chairman Sanchez: All right. Authorizing the expenditure of bond counsel fee and cost, which is RE.2. Commissioner Winton: 4. Jorge L. Fernandez (City Attorney): Yes, RE.4. Mr. -- Chairman Sanchez: I'm sorry, RE.4. Mr. Fernandez: -- Chairman, Commissioners, this is an item where I'm coming to you asking for your authorization for me to retain, on a limited basis, the services of Greenberg Traurig to issue very limited legal opinions that I need answered with regard to the 1987 issuance of bonds. This was, just to refresh your recollection briefly, one of the very first public private joint ventures that the City entered into, the James L. Knight Center, the Hyatt, the University of Miami, the City of Miami. Ever since then, as you well know, as the Administration has reported to you in the past, this has been a serious source of depletion of City's revenue because we have had to subsidize. It has not turned out to be the kind of deal that we all thought it would be, and so -- Commissioner Winton: They all. City of Miami Page 117 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Mr. Fernandez: -- the Administration has been asking me several questions that they need answers to to the trust indenture, how to (UNINTELLIGIBLE) the bonds, how to do certain things, as they prepare policy recommendations to bring to you with potential solutions to the problems that we're facing with that bad investment, if you will, and so I'm asking you to authorize me retaining the original bond counsel that prepared all the documents, that was very much involved in the transaction so that we don't have to educate our existing bond counsel with all of that. We could go faster and it would be less expensive. Commissioner Winton: So moved. Commissioner Allen: So move -- second for a quick discussion. Chairman Sanchez: All right. There's a motion and a second. The motion is made by Vice Chairman Gonzalez, I believe? Vice Chairman Gonzalez: No. Chairman Sanchez: I'm sorry, Commissioner Winton, and second by Commissioner Allen. Commissioner Allen: Mr. Chairman, just quickly, a quick (UNINTELLIGIBLE). First of all, I think this is a smart move on your part, Mr. City Attorney. Here's someone that can come speak quickly with respect to this, but would you have, within your office, the capacity or the ability to determine what rate -- hourly rate they would -- that they would charge and/or what you would pay, pursuant to their services? Mr. Fernandez: We're in the process of determining that. We have already touch base with them. Part of this resolution that's in front of you is also the waiver of conflict. You know, whenever you retain a private law firm, they always do a search for potential conflict. They have identified a potential conflict in that, in some manners, at some times, they have represented one of the parties to this transaction, the Hyatt Corporation, so they have disclosed that, and part of this resolution, if you pass it, is to waive that potential conflict. I have looked at that, and it really would not impinge on their ability to give us the legal opinions that we need with regard to the bonds. The -- in terms of negotiating a fee, there is a standard rate, going fee. My office, in no event, will ever be able to, you know, give the legal opinions with regard to the issuance of the bonds, but I would anticipate those fees to be in the neighborhood between -- in the neighborhood of $300 an hour. Commissioner Allen: Per hour, right. Mr. Fernandez: Probably, although, that has not yet been negotiated. Now that Commissioner Allen has brought up the issue of money, you should also note that, in this resolution, we are silent with regard to the amount of money. There is a very specific reason for that. As I have discussed with each of you briefly, I believe that it creates the wrong impression. It establishes a level of expectation on the part of the firm that we're retaining when this board sets up a minimum, or an amount not to exceed Wouldn't you know that, typically, it goes there and then beyond. My position with you is that I want you to hold me accountable and responsible. I will be reporting to you on a periodic basis, monthly or every three months, with regard to the expenditures, and I give you my assurances that those bills would be closely monitored, and you will be fully apprised on the amount that's being spent. No, you're not writing me a blank check because I will be reporting to you, as I said before, but I think this is best practices, and this is one of those things, together with a conflict search, that I intend to institute hereinafter whenever we go to outside counsel, so I do ask this board's indulgence in authorizing me to retain this firm for that limited purpose. Vice Chairman Gonzalez: All right. City of Miami Page 118 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Chairman Sanchez: May I -- Vice Chairman Gonzalez: Any further discussion? Yes, Mr. Chairman. Chairman Sanchez: Mr. City Attorney, as you know, and everyone knows here that my wife works for Greenberg. She's been there for 12 years, while I have been a Commissioner for 7 years, so I just want to make sure that, as your legal opinion, should I abstain from this vote? Although, I don't even want it to be a perception, as we're in election year, and they're making mountains out of ant piles. Mr. Fernandez: Correct. There are two ways in which you can abstain. You can abstain, availing yourself of the statutory provisions that provide for a Commissioner to make a decision to avoid even the appearance of impropriety, and then there is also the voting conflict of interest. To the extent that your spouse is an employee of this law firm -- Chairman Sanchez: But does not compensate from this, neither do I Mr. Fernandez: Say that again. Chairman Sanchez: She does not compensate from this agreement, this contract. Mr. Fernandez: Well, she doesn't, but the law firm does, and she's an employee of the law firm. Commissioner Allen: Right. Mr. Fernandez: Well, she works for the law firm, you stated Chairman Sanchez: Yes. Mr. Fernandez: Right, and to the extent that you're transacting business, this Commission is transacting business with the employer of your spouse, it would be my advice to you that you should declare a conflict and abstain from voting. Chairman Sanchez: And your advice is well taken, and at this time, I will abstain from voting on this issue. Commissioner Winton: See ya. Vice Chairman Gonzalez: All right. Any further questions? Any further discussion? Hearing none, all in favor -- it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. Motion carries. Mr. Fernandez: Thank you, Mr. Chairman, Commissioners. Commissioner Winton: You can come out of the corner now. Vice Chairman Gonzalez: All right. Where is he? He can come back now. Commissioner Winton: I've been in that corner a couple of times. City of Miami Page 119 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 BOARDS AND COMMITTEES BC.1 05-00683 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD. APPOINTEES: Charles J. Flowers, PH.D Rosa Green 05-00683-cover memo.pdf 05-00683 members.pdf 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-05-0549 Chairman Sanchez: All right. The City ofMiami Commission meeting is back in order after a recess. We do have a couple of items on the agenda left over from this morning. Properly advertised for 5:05 is -- there's a PZ (planning and zoning) item, and also, the budgetary items that'll be discussed at 5: 05, so at this time, what I'd like to do is maybe go through some of the items that were left over from the morning, and let's just go ahead and go to BC.1, which is a board and committee -- that's the Overtown Advisory Board. Can we go ahead and take care of that? Commissioner Winton: What item is that, Joe? Commissioner Regalado: BC.1. Chairman Sanchez: BC.1, which is the board and committees, and then we have the Bayside Minority Foundation. We do have already a nominee for that, so let's go ahead and do the Overtown Advisory Board. Commissioner Allen: OK Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: Yes, Mr. Chairman. This is apparently a board appointment, and there're two individuals, Mr. Flowers and Rosa Green, who apparently will be reappointed, pursuant to - Priscilla A. Thompson (City Clerk): I'm sorry, ifI might, Commissioners. Commissioner Allen: Oh, I'm -- right. Ms. Thompson: Actually, what you're doing is to actually -- basically, certify the election that we did not have. We scheduled an election for six vacant seats. City ofMiami Page 120 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Commissioner Allen: OK Ms. Thompson: Only two people qualified, so these are the -- only two people qualified the first go -round, OK, so it's not a reappointment. Chairman Sanchez: So it's just to -- Commissioner Allen: I see. Chairman Sanchez: -- qualify them? Ms. Thompson: They've already qualified and by reason of there being six vacant seats, only two people qualified. They have been elected Commissioner Winton: So moved. Chairman Sanchez: OK. There's a motion to appoint those two elected individuals that have been -- Commissioner Allen: Second Chairman Sanchez: Well, they basically have been qualified and -- Commissioner Winton: They've been elected. Chairman Sanchez: -- they've been elected. Commissioner Winton: Yes. Chairman Sanchez: All right. There is a motion by Commissioner Winton, second by Commissioner Allen, and that is BC.1, which is the Overtown Advisory Board All in favor, say "aye. The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. That item is approved. BC.2 05-00789 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE BAYSIDE MINORITY FOUNDATION FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Fausto Gomez Commissioner Tomas Regalado 05-00789 memo.pdf 05-00789 members.pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 121 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0550 Chairman Sanchez: All right. We go to BC.2, which is the Bayside Minority Foundation. Commissioner Regalado, you have an appointment? Commissioner Regalado: Yes, sir, Mr. Chairman. Fausto Gomez. Chairman Sanchez: All right. There is a motion. Is there -- Commissioner Winton: Second Chairman Sanchez: -- a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: OK, there's a motion by Commissioner Regalado, there's a second by Vice Chairman Gonzalez to appoint Fausto Gomez to the Bayside Minority Foundation. The item 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 unanimously. City of Miami Page 122 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 DISCUSSION ITEMS DI.1 05-00450 DISCUSSION ITEM Office of the City DISCUSSION AND POSSIBLE RESOLUTION REGARDING A POSSIBLE Attorney SETTLEMENT IN THE MATTER OF NATIONAL ADVERTISING V. CITY OF MIAMI. (BILLBOARD LITIGATION) 05-00450-email.pdf DEFERRED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to defer Item DI1. Vice Chairman Gonzalez: All right. We have DI1, but that -- I'm being told that that is being pulled Jorge L. Fernandez (City Attorney): Yes. Chairman Sanchez: No, no, no, no, wait, wait, wait. Let's -- I'm sorry, Mr. Vice Chairman. I think we still have some more items that we need to -- Mr. Fernandez: Yeah, but, Mr. Chairman -- Chairman Sanchez: -- go through. Mr. Fernandez: -- if you would indulge me for a moment, I have one announcement to make. If you look at the discussion items, D, as in David, 1, I am retrieving -- I am pulling the settlement with National Advertising at this time, notwithstanding our best intentions, this is not yet ready for your consumption -- Chairman Sanchez: All -- Vice Chairman Gonzalez: All right. Mr. Fernandez: -- so I will ask for this item to be deferred until -- Chairman Sanchez: All right. Mr. Fernandez: -- further notice. Chairman Sanchez: Need a -- Commissioner Winton: So move. Chairman Sanchez: -- motion to defer the item. Vice Chairman Gonzalez: Second. Commissioner Winton: So move. Mr. Fernandez: No, you -- well, yes. Chairman Sanchez: Yeah, there's a motion by Commissioner Winton, second by Vice Chairman City of Miami Page 123 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Gonzalez. 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. I'm sure we'll hear about that item in a later date. City of Miami Page 124 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 PART B PZ.1 05-00763 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 9, SECTION 934, "COMMUNITY RESIDENTIAL HOMES AND COMMUNITY BASED RESIDENTIAL FACILITIES", IN ORDER TO AMEND SECTION 934 TO ELIMINATE THE SPECIAL EXCEPTION REQUIREMENTS FOR CHANGES IN OWNERSHIP FOR COMMUNITY RESIDENTIAL HOMES AND COMMUNITY -BASED RESIDENTIAL FACILITIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00763 Legislation.pdf 05-00763 PAB Reso.pdf 05-00763 FR Fact Sheet.pdf 05-00763 SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 6, 2005 by a vote of 5-0. PURPOSE: This will eliminate the Special Exception requirement for changes in ownership for community residential homes and community -based residential facilities. Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Sanchez Noes: 1 - Commissioner Regalado Absent: 1 - Commissioner Allen [This item is related to Item D4.2.] Chairman Sanchez: All right. Is there any other item, Madam Clerk, that we have not addressed before we have to take a recess till 5: 05? Priscilla A. Thompson (City Clerk): PZ.1. Commissioner Allen: Mr. Chair -- Chairman Sanchez: Oh, I'm sorry Well -- no, PZ 1 will be heard at -- Jorge L. Fernandez (City Attorney): It's not a time certain. Ms. Thompson: Actually, on the agenda, it -- City of Miami Page 125 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Commissioner Regalado: We can do it now. Ms. Thompson: -- shows -- Chairman Sanchez: You want to do it now? Ms. Thompson: -- after 10 o'clock. Chairman Sanchez: All right. Let's do something, let's do PZ.1, which is basically not a companion item, but a relating item to Commissioner Regalado's D4.2, so let's do PZ 1. All right. Lourdes Slazyk (Assistant Director, Planning & Zoning): (UNINTELLIGIBLE)? Mr. Fernandez: Yes. Ms. Slazyk: OK. Lourdes Slazyk, Planning Department. PZ 1 is a text amendment to the zoning ordinance in order to eliminate the special exception requirements for changes in ownership for community -based residential facilities. It was recommended for approval by PAB (Planning Advisory Board), and recommended for approval by the Planning Department. This item came as a request by the Law Department, so I'm sure -- Mr. Fernandez: Yes. Ms. Slazyk: -- they can explain. Vice Chairman Gonzalez: 171 move PZ.1. Chairman Sanchez: All right. There's a motion, PZ (planning and zoning) -- I mean, there's a motion for PZ.1. Is there a second? Commissioner Winton: Second Chairman Sanchez: There's a second by Commissioner -- Commissioner Winton: With great reluctance. Chairman Sanchez: -- Winton. It opens it for discussion. Commissioner Winton: But only because -- Chairman Sanchez: Before we discuss the item, Mr. City Attorney, you need to put something on the record -- Mr. Fernandez: Yes. Chairman Sanchez: -- then we'll bring it -- Mr. Fernandez: Very briefly, just to make sure that you all understand what's happening, several weeks ago, this Commission entered into a proposed settlement with the owners of certain ALFs (Adult Living Facilities) that were denied a change of ownership, and part of that settlement was an agreement by this Commission to consider the removing from the Zoning Ordinance the arcane, and in my opinion, unlawful requirement that anyone should avail themselves of a special exception to change ownership of property. This effectuates that. We have put it through the process, and so this item is to you, notwithstanding the fact that it's the City of Miami Page 126 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 subject of a proposed settlement negotiation, stands in front of you on its merit, with my recommendation that this Commission eliminates this provision from the Zoning Ordinance, as I find it to be patently and offensively illegal. Chairman Sanchez: All right. Commissioner Allen: Before we -- Chairman Sanchez: Commissioner -- Commissioner Allen: Yeah, just -- Chairman Sanchez: -- Allen, you're recognized Commissioner Allen: No, no. I just need to -- just give me a moment or two, if you could, before (UNINTELLIGIBLE). Chairman Sanchez: All right. Commissioner Regalado: IfI can -- Chairman Sanchez: Let's give you some time. Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. One question, City Attorney: Will the settlement collapse if this is not approved? Mr. Fernandez: Yes, sir. Commissioner Regalado: So it has to be approved? Mr. Fernandez: No, it doesn't. It's -- Commissioner Winton: This doesn't have to be approved It's just the settlement falls apart. Mr. Fernandez: -- the Commission, in making changes to the Zoning Ordinance and your land use scheme, you're -- there is no compunction for you to take any action, other than that which you deem to be in the best interest of the City, given the competent, substantial evidence that's in front of you, as reported by staff having been presented to the Planning Board, and upon my recommendation. Commissioner Regalado: OK. Mr. Fernandez: So you need to look at this -- I put it in the context of the settlement so that I would refresh your recollection. However, this comes to you purely as a land use issue, and you need to vote on it on its merit. Commissioner Regalado: No, but the thing is I did ask that because you did start your presentation with the settlement issue. That's why I asked, well, will the settlement collapse if this is not approved Although the people that sue the City and Commissioners got whatever they want, this is just a parallel for the future, right? Are we talking -- Commissioner Allen: Yeah. Mr. Fernandez: Correct. City of Miami Page 127 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Commissioner Regalado: OK. Now, this is illegal, you say -- Mr. Fernandez: Yes. Commissioner Regalado: -- to request -- Mr. Fernandez: Yes. Commissioner Regalado: -- that the City Commission will approve a -- the change of ownership, but we do have a history in the City of approving or needing to approve change of ownerships. For instance, on April 4, 2000, the Commission voted to approve the change of ownership for Downtown Towing Company -- Commissioner Winton: Downtown what? Commissioner Regalado: Downtown Towing Company. Commissioner Winton: Oh, yeah. Commissioner Regalado: -- from Rachel del Rosal to Dagmar del Rosal. It was approved, otherwise, they won't -- they couldn't work in the City of Miami. On May 3, 2000, City Commission approved the change of ownership of Absolute Transfer to Southland -- change of ownership. On 2002 -- July 9, 2002, City Commission approved the change of ownership from AT&T Broadband to Comcast, the cable. Mr. Fernandez: Yes. If I may explain, Commissioners, make no mistake, the City has every right to control certain transactions, especially when they arise out of a contractual obligation, or when the City's exercising its regulatory powers in a context other than zoning residential application, like is the case that's in front of you. For example, this morning, you exercised your right not to transfer ownership, if you would, but to assign a contract from one party to another party. Remember that healthy debate this morning? The City continues to hold the right to do that, and in the events that you have cited, these are transactions that arise out of a contractual relationship, or corporate entities, certainly not residentials [sic]. I don't know, but in 25 years that I have been doing municipal work, I have yet to see a local government decide on private property owners, in the context of residential transactions, you know, decide who can sell to whom. Commissioner Regalado: I'm just saying that we do that here. The change of ownership has to go through the Commission. It's one of the powers and the leverage that the City Commission has. I am not going to get in the middle of the settlement, but I -- my point is that we are giving away one of the few powers that we have to control the adult living facilities, which that is why I requested from the Chairman to defer D4.2, which has to do exactly with this situation, so that was my point, in terms that we are giving away all the power -- we still keep the zoning issue for future, but not for present adult living facilities, but at the same time, we are giving, I say, 50 percent of the control that the City had in at least having these facility under scrutiny. Mr. Fernandez: You know, Commissioners, I could -- you know, I understand your position, but again, I refer you to the debate that took place this morning, where two of your colleagues were discussing a City ordinance that, while it's an ordinance and it's valid and it's in the books, you may all -- which is the thing about building sidewalks or having to construct streets for private property owners, you know, whether that is onerous, I mean, from a police perspective, you can make those determinations anytime you want. You're making a policy determination today, which is heavily -- should be, in my humble opinion, heavily influenced by your legal counsel telling you that there are certain laws that you have in the book that should not be in your books as being unenforceable and unlawful, and this is one of them. City of Miami Page 128 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Commissioner Allen: Right. Mr. Fernandez: And so, this is not in derogation of your policy powers. This is not in derogation of any other power that the City may have. Simply, this is one that is in the book that shouldn't be there. Commissioner Allen: Right. Commissioner Regalado: I just said that I'm not going to get in the middle of the settlement, which is the core issue here because we could have done this maybe next year, or in six months, but we need to do it now because of the settlement, but the reason that I brought this issue and the reason that I asked the Chairman to give me opportunity to do D4.2 is because of the situation of adult living facilities out of control, and unfortunately, we had a situation in the Douglas Park area where a person was shot by the Police Department. It so happen that we have three houses in this same block -- Chairman Sanchez: How many? Commissioner Regalado: Three -- all illegally. According to -- the City is treating these houses as boarding houses, and they are going to go before the Code Enforcement Board However, they are treating these houses as boarding houses because Code Enforcement did not find a license for those houses to operate as adult living facilities. However, the people living in those adult living facilities are considered clients or patients, referred by the courts to that entity, or that lady that owns these houses. In fact, there is a history, according to the police investigation, of problems on that block with those patients or clients, or whatever you want to call it, so since yesterday, we discussed this, and I said I'm not going to stand in the middle of this agreement, settlement, whatever, but I think, you know, that we need to do something. We need to do something and we need to do something soon because that shooting that took place in the Douglas Park area could happen anywhere, and you know, adult living facilities are great businesses. If you have more than six or seven patients, you're making a lot of money, and the history is telling us that some of these people are bad operators. Just recently, AHCA (Agency for Health Care Administration) took the license of a halfway house in Shenandoah, where we had the Miami Police Department visit the place twice a day because of ugly situations in that place, so my appeal to you, as the counsel of the City of Miami, is to give us, please, some tools to try to do something and to stop this kind of first of all, illegal houses that are being operated as adult living facility/halfway houses, and second, to protect the residents because, in a shooting, anybody can be shot, so -- and there was a shooting, so that's the only thing that I wanted to present to the City Commission. Mr. Fernandez: Mr. Chairman. Commissioner Allen: Mr. Chairman. Oh, I'm sorry. Oh, no, I just wanted -- just (UNINTELLIGIBLE), so in effect, this substantive text amendment is remedial or curative in nature, and it's consistent with the -- this substantive text amendment that we have before us, it's simply remedial or curative in nature, right, and it's consistent with the settlement? Mr. Fernandez: Yes. Commissioner Allen: That's what this is all about. Mr. Fernandez: Exactly. Commissioner Allen: Yeah. All right. City of Miami Page 129 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Chairman Sanchez: All right. Vice Chairman Gonzalez: All right. Mr. Fernandez: Mr. Chairman, with regard to Commissioner Regalado's comment, they're very well taken, and I'd much rather have the Commission first address this issue on its face, because it's a P&Z item, and the record needs to make clear that you're voting on the merits, basing yourself on competent, substantial evidence, notwithstanding the proposed settlement that's on the table. Immediately upon you take a vote on that item, I will proceed then to explain to the Commission, and to Commissioner Regalado, an option that I am recommending to the City Commission to have more tools in the arsenal against the fight that the City is waging against all of these bad uses and bad actors in the City, and I -- you know, we continue to struggle with that issue, and we -- Code Enforcement, my office, continually strive to address those concerns. Commissioner Regalado mentioned that AHCA has already suspended one license. We're working very closely with them to achieve that in a few other places -- Chairman Sanchez: All right. Let's -- Mr. Fernandez: -- so deal with this issue, and then 171 -- Chairman Sanchez: Yeah, let's deal with PZ 1, and then after we've dealt with it, we could go ahead and get into what you're -- the recommendations and the statements that you're going to state, and I think all the Commissioners are going to speak on the item, so having said that, there's no further discussion on it. It's an ordinance. It's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for a vote. Mr. City Attorney, could you read -- Mr. Fernandez: Yes. Chairman Sanchez: -- the ordinance into the record? The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Roll call. Chairman Sanchez: Roll call. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: No Ms. Thompson: Commissioner Winton? Commissioner Winton: 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, 3/1. City of Miami Page 130 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 NON -AGENDA ITEMS NA.1 05-01038 DISCUSSION ITEM Chairman Sanchez praised City of Miami employees for their help with the cleanup during the aftermath of Hurricane Katrina. DISCUSSED Chairman Sanchez: And before we go to the consent agenda, as the Chair, I want to take this opportunity to thank the Administration, all those who labored so hard in the aftermath of Katrina, our Public Works Department, our Solid Waste Department, our Police Department, our firefighters, everyone who worked so hard to go out there and clean up the city as fast as we have. I think it's an example of having a plan together and working together. As you compare ourself [sic] to other municipalities, you think that we're ahead of the cleanup, so I do want to take this opportunity to praise our employees because it's important to praise our employees when they go out there and give it 150 percent, and they have done it here, and I know the residents of Miami are very, very happy with your service, and I just want to make sure that, as the Chair, you're always appreciated. NA.2 05-01037 DISCUSSION ITEM Brief comments by Commissioner Regalado concerning investigation of two suspended police officers. DISCUSSED Vice Chairman Gonzalez: All right. That was the last item on the regular agenda. Now, we're going to have a budget hearing at 5: 05. The Commission will stand in recess, unless my colleagues have any items that they want to discuss. Priscilla A. Thompson (City Clerk): Pockets? Commissioner Regalado: I think we have some -- the City Clerk had something about the elections. Ms. Thompson: Oh, we've taken care of that one. Commissioner Winton: We did that one. Ms. Thompson: That was first reading -- Commissioner Regalado: Oh, OK. Ms. Thompson: -- but I -- Commissioner Regalado: I do have a question for the Administration -- Vice Chairman Gonzalez: OK, sir. Commissioner Regalado: -- Mr. Chairman. Vice Chairman Gonzalez: Go ahead. Go ahead. Commissioner Regalado: To the Manager -- Mr. Manager, the City Commission asked you to do a personal investigation regarding two police officers that were demoted or suspended, and I understand that you hire a retired judge and that we will get that report. My question is, has the report been done; the investigation finished, and are we going to get the report? City of Miami Page 131 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Joe Arriola (City Manager): Yeah, obviously, you're going to get the report, but it's not finished I talked to Judge David three or four days ago and he still wants to go back and talk to some more of the individuals, so as soon as it's finished 171 bring it forward. Commissioner Regalado: OK. That's it. Vice Chairman Gonzalez: Yeah. Is -- OK. One question that I have regarding that issue is the amount of money that we approved for this investigation was $30, 000; is that correct? Mr. Arriola: Thirty, thirty-five. Vice Chairman Gonzalez: Thirty, thirty-five. Do we have an idea of how much this work is going to cost in total? Mr. Arriola: That's it. Vice Chairman Gonzalez: That's it? Mr. Arriola: Yes, sir. Vice Chairman Gonzalez: There will be no extra costs? Mr. Arriola: No extra costs. Vice Chairman Gonzalez: OK, OK. Thank you very much, so eventually, the Commission is going to have a report? All right. Thank you so much. NA.3 05-01007 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $7,475, TO COVER EXPENSES OF HALL RENTAL AND PARKING, FOR THE FIRST DAY OF ISSUE CEREMONY OF "LET'S DANCE" COMMEMORATIVE STAMPS, TO BE HELD BY THE UNITED STATES POSTAL SERVICE ON SEPTEMBER 17, 2005, AT THE COCONUT GROVE EXPO CENTER; ALLOCATING FUNDS FROM THE FISCAL YEAR 2004-2005 BUDGET OF THE MAYOR'S INTERNATIONAL COUNCIL, ACCOUNT NO. 001000.921084.6.340. Motion by Commissioner Allen, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez R-05-0536 Vice Chairman Gonzalez: OK. Do we have -- Jose Mallea (Chief of Staff, Mayor's Office): Mr. Chairman. Vice Chairman Gonzalez: Yes, sir. Mr. Mallea: There is a pocket item that I believe was distributed. The Mayor hasn't made it back; he stepped out for a meeting, but it was the one of the Convention Center for the U.S. Postal Service event. I believe that was handed out. City of Miami Page 132 Printed on 9/27/2005 City Commission Meeting Minutes September 8, 2005 Jorge L. Fernandez (City Attorney): Yes. Joe Arriola (City Manager): We were going to bring that at the beginning of the budget hearing, with the permission of Commissioner Sanchez -- Mr. Mallea: Oh, I'm sorry. Mr. Arriola: -- but we could do it now, if you want. Yes, this is the Convention Center one, yes. Mr. Mallea: OK. All right. Well -- Mr. Arriola: You want to bring it forward now? Well, I was going to do it -- Vice Chairman Gonzalez: Yes, yes, go ahead Go ahead. Mr. Arriola: OK. Vice Chairman Gonzalez: Let's do it now. Mr. Arriola: Why don't you go ahead and do it. Mr. Fernandez: Yes. It is a resolution proposed by the Mayor, authorizing the allocation of funds in an amount not to exceed $7, 475 to cover expenses of hall rental and parking for the first day of issue ceremony of "Let's Dance" commemorative stamps, to be held by the United States Postal Service on September 17, 2005, at the Coconut Grove Expo Center; allocating funds from the Fiscal Year 2004-2005 of the Mayor's International Council, account number as given in the resolution. Commissioner Allen: So move. Commissioner Regalado: Second Vice Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. Motion carries. City of Miami Page 133 Printed on 9/27/2005